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Home Source documents Amendments to SA 3867 to H.R. 4350 — Congressional Record, Senate, November 16, 2021

Amendments to SA 3867 to H.R. 4350 — Congressional Record, Senate, November 16, 2021

Summary

This is S8245 of the Congressional Record, Senate, November 16, 2021, with interleaved columns. The page lists submitted amendments to H.R. 4350, the defense authorization bill for fiscal year 2022, including SA 4692 by Mr. Hagerty, SA 4707 by Mr. Whitehouse and Ms. Hassan, SA 4711 by Mr. McConnell with Mr. Durbin and others, and SA 4724 by Mr. King and others. It also prints amendment text defining terms such as information system and reporting company, committee meeting notices for November 16, 2021, and remarks by a Senator who questions the influence of donor-backed amici on the Court, with the views attributed to the speaker.

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Cite this document

“Amendments to SA 3867 to H.R. 4350 — Congressional Record, Senate, November 16, 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-11-16-crec-2021-11-16-pt1-pgs8245-bfdc4a1d82/, SHA-256 a8c70b3cc33c7e6f7bc4ff5643a20d06abdda6d5475756503f6bf0b2481f6c29.

Full text

                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8245
                                             4350, supra; which was ordered to lie on the            to be proposed to the bill H.R. 4350, supra;           amendment SA 3867 submitted by Mr. REED
                                             table.                                                  which was ordered to lie on the table.                 and intended to be proposed to the bill H.R.
                                               SA 4692. Mr. HAGERTY submitted an                       SA 4707. Mr. WHITEHOUSE (for himself                 4350, supra; which was ordered to lie on the
                                             amendment intended to be proposed to                    and Ms. HASSAN) submitted an amendment                 table.
                                             amendment SA 3867 submitted by Mr. REED                 intended to be proposed by him to the bill               SA 4722. Mr. SANDERS submitted an
                                             and intended to be proposed to the bill H.R.            H.R. 4350, supra; which was ordered to lie on          amendment intended to be proposed to
                                             4350, supra; which was ordered to lie on the            the table.                                             amendment SA 3867 submitted by Mr. REED
                                             table.                                                    SA 4708. Mr. WHITEHOUSE (for himself                 and intended to be proposed to the bill H.R.
                                               SA 4693. Mr. HAGERTY submitted an                     and Mr. GRASSLEY) submitted an amendment               4350, supra; which was ordered to lie on the
                                             amendment intended to be proposed to                    intended to be proposed by him to the bill             table.
                                             amendment SA 3867 submitted by Mr. REED                 H.R. 4350, supra; which was ordered to lie on            SA 4723. Mr. DAINES (for himself and Ms.
                                             and intended to be proposed to the bill H.R.            the table.                                             WARREN) submitted an amendment intended
                                             4350, supra; which was ordered to lie on the              SA 4709. Mr. VAN HOLLEN (for himself                 to be proposed to amendment SA 3867 sub-
                                             table.                                                  and Mr. SULLIVAN) submitted an amendment               mitted by Mr. REED and intended to be pro-
                                               SA 4694. Mr. HAGERTY submitted an                     intended to be proposed to amendment SA                posed to the bill H.R. 4350, supra; which was
                                             amendment intended to be proposed to                    3867 submitted by Mr. REED and intended to             ordered to lie on the table.
                                             amendment SA 3867 submitted by Mr. REED                 be proposed to the bill H.R. 4350, supra;                SA 4724. Mr. KING (for himself, Mr.
                                             and intended to be proposed to the bill H.R.            which was ordered to lie on the table.                 ROUNDS, Mr. SASSE, Ms. ROSEN, Ms. HASSAN,
                                             4350, supra; which was ordered to lie on the              SA 4710. Mr. CASSIDY (for himself and Mr.            and Mr. OSSOFF) submitted an amendment
                                             table.                                                  SCHATZ) submitted an amendment intended                intended to be proposed to amendment SA
                                               SA 4695. Mr. HAGERTY submitted an                     to be proposed to amendment SA 3867 sub-               3867 submitted by Mr. REED and intended to
                                             amendment intended to be proposed to                    mitted by Mr. REED and intended to be pro-             be proposed to the bill H.R. 4350, supra;
                                             amendment SA 3867 submitted by Mr. REED                 posed to the bill H.R. 4350, supra; which was          which was ordered to lie on the table.
                                             and intended to be proposed to the bill H.R.            ordered to lie on the table.                             SA 4725. Ms. CORTEZ MASTO (for herself
                                             4350, supra; which was ordered to lie on the              SA 4711. Mr. MCCONNELL (for himself, Mr.             and Mr. KAINE) submitted an amendment in-
                                             table.                                                  DURBIN, Mr. YOUNG, Mr. GRASSLEY, Mr. GRA-              tended to be proposed to amendment SA 3867
                                               SA 4696. Mr. HAGERTY submitted an                     HAM, Mr. HAGERTY, and Mr. CARDIN) sub-                 submitted by Mr. REED and intended to be
                                             amendment intended to be proposed to                    mitted an amendment intended to be pro-                proposed to the bill H.R. 4350, supra; which
                                             amendment SA 3867 submitted by Mr. REED                 posed to amendment SA 3867 submitted by                was ordered to lie on the table.
                                             and intended to be proposed to the bill H.R.            Mr. REED and intended to be proposed to the              SA 4726. Mr. KING (for himself, Mr.
                                             4350, supra; which was ordered to lie on the            bill H.R. 4350, supra; which was ordered to lie        ROUNDS, Mr. SASSE, Ms. ROSEN, Ms. HASSAN,
                                             table.                                                  on the table.                                          and Mr. OSSOFF) submitted an amendment
                                               SA 4697. Mr. HAGERTY submitted an                       SA 4712. Mr. WHITEHOUSE (for himself                 intended to be proposed to amendment SA
                                             amendment intended to be proposed to                    and Mr. PORTMAN) submitted an amendment                3867 submitted by Mr. REED and intended to
                                             amendment SA 3867 submitted by Mr. REED                 intended to be proposed to amendment SA                be proposed to the bill H.R. 4350, supra;
                                             and intended to be proposed to the bill H.R.            3867 submitted by Mr. REED and intended to             which was ordered to lie on the table.
                                             4350, supra; which was ordered to lie on the            be proposed to the bill H.R. 4350, supra;                SA 4727. Mr. SULLIVAN submitted an
                                             table.                                                  which was ordered to lie on the table.                 amendment intended to be proposed to
                                               SA 4698. Mr. HAGERTY submitted an                       SA 4713. Mr. PADILLA submitted an                    amendment SA 3867 submitted by Mr. REED
                                             amendment intended to be proposed to                    amendment intended to be proposed to                   and intended to be proposed to the bill H.R.
                                             amendment SA 3867 submitted by Mr. REED                 amendment SA 3867 submitted by Mr. REED                4350, supra; which was ordered to lie on the
                                             and intended to be proposed to the bill H.R.            and intended to be proposed to the bill H.R.           table.
                                             4350, supra; which was ordered to lie on the            4350, supra; which was ordered to lie on the             SA 4728. Mr. WARNER submitted an
                                             table.                                                  table.                                                 amendment intended to be proposed to
                                               SA 4699. Mr. HAGERTY submitted an                       SA 4714. Mr. REED (for himself and Mr.               amendment SA 3867 submitted by Mr. REED
                                             amendment intended to be proposed to                    INHOFE) submitted an amendment intended                and intended to be proposed to the bill H.R.
                                             amendment SA 3867 submitted by Mr. REED                 to be proposed to amendment SA 3867 sub-               4350, supra; which was ordered to lie on the
                                             and intended to be proposed to the bill H.R.            mitted by Mr. REED and intended to be pro-             table.
                                             4350, supra; which was ordered to lie on the            posed to the bill H.R. 4350, supra; which was            SA 4729. Mr. WARNER submitted an
                                             table.                                                  ordered to lie on the table.                           amendment intended to be proposed to
                                               SA 4700. Mr. HAGERTY submitted an                       SA 4715. Mr. ROUNDS (for Mr. INHOFE) sub-
                                                                                                                                                            amendment SA 3867 submitted by Mr. REED
                                             amendment intended to be proposed to                    mitted an amendment intended to be pro-
                                                                                                                                                            and intended to be proposed to the bill H.R.
                                             amendment SA 3867 submitted by Mr. REED                 posed to amendment SA 3867 submitted by
                                                                                                                                                            4350, supra; which was ordered to lie on the
                                             and intended to be proposed to the bill H.R.            Mr. REED and intended to be proposed to the
                                                                                                                                                            table.
                                             4350, supra; which was ordered to lie on the            bill H.R. 4350, supra; which was ordered to lie
                                                                                                                                                              SA 4730. Mr. MENENDEZ (for himself and
                                             table.                                                  on the table.
                                                                                                                                                            Mr. RISCH) submitted an amendment in-
                                               SA 4701. Mr. HAGERTY submitted an                       SA 4716. Mr. HAGERTY (for himself and
                                                                                                                                                            tended to be proposed to amendment SA 3867
                                             amendment intended to be proposed to                    Mrs. BLACKBURN) submitted an amendment
                                                                                                                                                            submitted by Mr. REED and intended to be
                                             amendment SA 3867 submitted by Mr. REED                 intended to be proposed to amendment SA
                                                                                                                                                            proposed to the bill H.R. 4350, supra; which
                                             and intended to be proposed to the bill H.R.            3867 submitted by Mr. REED and intended to
                                                                                                                                                            was ordered to lie on the table.
                                             4350, supra; which was ordered to lie on the            be proposed to the bill H.R. 4350, supra;
                                                                                                                                                              SA 4731. Mr. THUNE submitted an amend-
                                             table.                                                  which was ordered to lie on the table.
                                                                                                                                                            ment intended to be proposed by him to the
                                               SA 4702. Mr. HAGERTY submitted an                       SA 4717. Mr. BROWN submitted an amend-
                                                                                                                                                            bill H.R. 4350, supra; which was ordered to lie
                                             amendment intended to be proposed to                    ment intended to be proposed to amendment
                                                                                                                                                            on the table.
                                             amendment SA 3867 submitted by Mr. REED                 SA 3867 submitted by Mr. REED and intended
                                                                                                                                                              SA 4732. Mr. REED submitted an amend-
                                             and intended to be proposed to the bill H.R.            to be proposed to the bill H.R. 4350, supra;
                                                                                                                                                            ment intended to be proposed to amendment
                                             4350, supra; which was ordered to lie on the            which was ordered to lie on the table.
                                                                                                       SA 4718. Mr. BROWN (for himself and Mr.              SA 3867 submitted by Mr. REED and intended
                                             table.
                                               SA 4703. Mr. HAGERTY submitted an                     WARNER) submitted an amendment intended                to be proposed to the bill H.R. 4350, supra;
                                             amendment intended to be proposed to                    to be proposed to amendment SA 3867 sub-               which was ordered to lie on the table.
                                             amendment SA 3867 submitted by Mr. REED                 mitted by Mr. REED and intended to be pro-                               f
                                             and intended to be proposed to the bill H.R.            posed to the bill H.R. 4350, supra; which was
                                             4350, supra; which was ordered to lie on the            ordered to lie on the table.                                  TEXT OF AMENDMENTS
                                             table.                                                    SA 4719. Mr. BROWN (for himself and Mr.                SA 4660. Mr. KENNEDY submitted an
                                               SA 4704. Mr. HAGERTY submitted an                     CASEY) submitted an amendment intended to
                                             amendment intended to be proposed to                    be proposed to amendment SA 3867 sub-
                                                                                                                                                            amendment intended to be proposed to
                                             amendment SA 3867 submitted by Mr. REED                 mitted by Mr. REED and intended to be pro-             amendment SA 3867 submitted by Mr.
                                             and intended to be proposed to the bill H.R.            posed to the bill H.R. 4350, supra; which was          REED and intended to be proposed to
                                             4350, supra; which was ordered to lie on the            ordered to lie on the table.                           the bill H.R. 4350, to authorize appro-
                                             table.                                                    SA 4720. Mr. ROUNDS (for Mr. INHOFE) sub-            priations for fiscal year 2022 for mili-
                                               SA 4705. Mr. LEE submitted an amendment               mitted an amendment intended to be pro-                tary activities of the Department of




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                                             intended to be proposed to amendment SA                 posed to amendment SA 4431 submitted by                Defense, for military construction, and
                                             3867 submitted by Mr. REED and intended to              Mr. INHOFE and intended to be proposed to
                                                                                                                                                            for defense activities of the Depart-
                                             be proposed to the bill H.R. 4350, supra;               the amendment SA 3867 proposed by Mr.
                                             which was ordered to lie on the table.                  REED to the bill H.R. 4350, supra; which was           ment of Energy, to prescribe military
                                               SA 4706. Mr. COTTON submitted an amend-               ordered to lie on the table.                           personnel strengths for such fiscal
                                             ment intended to be proposed to amendment                 SA 4721. Mr. WARNOCK submitted an                    year, and for other purposes; which was
                                             SA 3867 submitted by Mr. REED and intended              amendment intended to be proposed to                   ordered to lie on the table; as follows:



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                                             S8246                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                               At the end of subtitle B of title XII, add               (3) DEFENSE MINERAL PRODUCT.—The term                appropriate congressional committees a re-
                                             the following:                                          ‘‘defense mineral product’’ means any prod-             port that includes—
                                             SEC. 1216. OPPOSITION TO ALLOCATION OF SPE-             uct—                                                      (1) a review of the existing disclosure re-
                                                         CIAL DRAWING RIGHTS BY INTER-                  (A) formed or comprised of, or manufac-              quirements with respect to the provenance of
                                                         NATIONAL MONETARY FUND THAT                 tured from, one or more critical minerals;              magnets used within defense mineral prod-
                                                         WOULD BENEFIT TALIBAN.                      and                                                     ucts;
                                               Section 6 of the Special Drawing Rights                  (B) used in critical military defense tech-            (2) a review of the feasibility of imposing a
                                             Act (22 U.S.C. 286q) is amended by adding at            nologies or other related applications of the           requirement that any contractor of the De-
                                             the end the following:                                  Department of Defense.                                  partment of Defense provide a disclosure
                                               ‘‘(c) OPPOSITION TO ALLOCATION OF SPECIAL
                                                                                                        (4) PROCESSED OR REFINED.—The term                   with respect to any system with a defense
                                             DRAWING RIGHTS THAT WOULD BENEFIT
                                                                                                     ‘‘processed or refined’’ means any process by           mineral product that is a permanent magnet,
                                             TALIBAN.—
                                                                                                     which a defense mineral is extracted, sepa-             including an identification of the country or
                                               ‘‘(1) IN GENERAL.—Unless Congress by law
                                                                                                     rated, or otherwise manipulated to render               countries in which—
                                             authorizes such action, neither the President
                                                                                                     the mineral usable for manufacturing a de-                (A) the critical minerals used in the mag-
                                             nor any person or agency shall on behalf of
                                                                                                     fense mineral product.                                  net were mined;
                                             the United States—
                                                                                                     SEC. 1433. REPORT ON STRATEGIC CRITICAL MIN-              (B) the critical minerals were refined into
                                               ‘‘(A) vote to allocate Special Drawing                             ERAL  AND   DEFENSE    MINERAL             oxides;
                                             Rights under article XVIII, sections 2 and 3,                        PRODUCTS RESERVE.                            (C) the critical minerals were made into
                                             of the Articles of Agreement of the Fund to               (a) FINDINGS.—Congress finds that the stor-           metals and alloys; and
                                             Afghanistan if Afghanistan would receive                age of substantial quantities of critical min-            (D) the magnet was sintered or bonded and
                                             Special Drawing Rights under the allocation             erals and defense mineral products will—                magnetized; and
                                             and the Taliban or any associate of the                   (1) diminish the vulnerability of the United            (3) recommendations to Congress for im-
                                             Taliban would benefit from the allocation; or           States to the effects of a severe supply chain          plementing such a requirement, including
                                               ‘‘(B) act as a counterparty, directly or in-          interruption; and                                       methods to ensure that any tracking or
                                             directly, for any exchange with the Govern-               (2) provide limited protection from the               provenance      system     is    independently
                                             ment of Afghanistan of Special Drawing                  short-term consequences of an interruption              verifiable.
                                             Rights for currencies while the Government              in supplies of defense mineral products.                SEC. 1435. REPORT ON PROHIBITION ON ACQUISI-
                                             of Afghanistan is controlled by the Taliban,              (b) SENSE OF CONGRESS.—It is the sense of                          TION   OF DEFENSE    MATERIALS
                                             is organized by the Taliban, or is constituted          Congress that, in procuring critical minerals                        FROM NON-ALLIED FOREIGN NA-
                                             so that the Taliban is part of that Govern-             and defense mineral products, the Secretary                          TIONS.
                                             ment.                                                   of Defense should prioritize procurement of               The Secretary of Defense shall study and
                                               ‘‘(2) TALIBAN DEFINED.—In this subsection,            critical minerals and defense mineral prod-             submit to the appropriate congressional
                                             the term ‘Taliban’ means the entity—                    ucts from sources in the United States, in-             committees a report on the potential im-
                                               ‘‘(A) known as the Taliban and designated             cluding that are mined, produced, separated,            pacts of imposing a restriction that, for any
                                             as a specially designated global terrorist or-          and manufactured within the United States.              contract entered into or renewed on or after
                                             ganization under Executive Order 13224 (50                (c) REPORT REQUIRED.—                                 December 31, 2026, for the procurement of a
                                             U.S.C. 1701 note; relating to blocking prop-              (1) IN GENERAL.—Not later than 270 days               system the export of which is restricted or
                                             erty and prohibiting transactions with per-             after the date of the enactment of this Act,            controlled under the Arms Export Control
                                             sons who commit, threaten to commit, or                 the Secretary of the Interior, acting through           Act (22 U.S.C. 2751 et seq.), no critical min-
                                             support terrorism); or                                  the United States Geologic Survey, and the              erals processed or refined in the People’s Re-
                                               ‘‘(B) a successor entity.’’.                          Secretary of Defense, in consultation with              public of China may be included in the sys-
                                                                                                     the Secretary of Homeland Security, the Di-             tem.
                                               SA 4661. Mr. COTTON submitted an                      rector of the Cybersecurity and Infrastruc-             SEC. 1436. PRODUCTION IN AND USES OF CRIT-
                                             amendment intended to be proposed to                    ture Security Agency, and the Director of                           ICAL MINERALS BY UNITED STATES
                                             amendment SA 3867 submitted by Mr.                      National Intelligence, shall jointly submit to                      ALLIES.
                                             REED and intended to be proposed to                     the appropriate congressional committees a                (a) POLICY.—It shall be the policy of the
                                             the bill H.R. 4350, to authorize appro-                 report—                                                 United States to encourage countries that
                                             priations for fiscal year 2022 for mili-                  (A) describing the existing authorities and           are allies of the United States to eliminate
                                                                                                     funding levels of the Federal Government to             their dependence on non-allied countries for
                                             tary activities of the Department of
                                                                                                     stockpile critical minerals and defense min-            critical minerals to the maximum extent
                                             Defense, for military construction, and                 eral products;                                          practicable.
                                             for defense activities of the Depart-                     (B) assessing whether those authorities                 (b) REPORT REQUIRED.—Not later than De-
                                             ment of Energy, to prescribe military                   and funding levels are sufficient to meet the           cember 31, 2022, and annually thereafter, the
                                             personnel strengths for such fiscal                     requirements of the United States; and                  Secretary of Defense, in coordination with
                                             year, and for other purposes; which was                   (C) including recommendations to diminish             the Secretary of State, shall submit to the
                                             ordered to lie on the table; as follows:                the vulnerability of the United States to dis-          appropriate congressional committees a re-
                                               At the end of title XIV, add the following:           ruptions in the supply chains for critical              port—
                                                                                                     minerals and defense mineral products                     (1) describing in detail the discussions of
                                               Subtitle D—Extraction and Processing of
                                                                                                     through changes to policy, procurement reg-             such Secretaries with countries that are al-
                                                Defense Minerals in the United States
                                                                                                     ulation, or existing law, including any addi-           lies of the United States concerning supply
                                             SEC. 1431. SHORT TITLE.
                                                                                                     tional statutory authorities that may be                chain security for critical minerals;
                                               This subtitle may be cited as the ‘‘Restor-           needed.                                                   (2) assessing the likelihood of those coun-
                                             ing Essential Energy and Security Holdings                (2) CONSIDERATIONS.—In developing the re-             tries discontinuing the use of critical min-
                                             Onshore for Rare Earths and Critical Min-               port required by paragraph (1), the Secretary           erals from foreign entities of concern (as de-
                                             erals Act of 2021’’ or the ‘‘REEShore Critical          of the Interior, the Secretary of Defense, the          fined in section 9901(6) of the William M.
                                             Minerals Act of 2021’’.                                 Secretary of Commerce, the Secretary of                 (Mac) Thornberry National Defense Author-
                                             SEC. 1432. DEFINITIONS.                                 Homeland Security, the Director of the Cy-              ization Act for Fiscal Year 2021 (15 U.S.C.
                                               In this subtitle:                                     bersecurity and Infrastructure Security                 4651(6))) or countries that such Secretaries
                                               (1) APPROPRIATE CONGRESSIONAL COMMIT-                 Agency, and the Director of National Intel-             deem to be of concern; and
                                             TEES.—The term ‘‘appropriate congressional              ligence shall take into consideration the                 (3) assessing initiatives in other countries
                                             committees’’ means—                                     needs of the Armed Forces of the United                 to increase critical mineral mining and pro-
                                               (A) the Committee on Armed Services, the              States, the intelligence community (as de-              duction capabilities.
                                             Committee on Foreign Relations, the Com-                fined in section 3(4) of the National Security
                                             mittee on Energy and Natural Resources, the             Act of 1947 (50 U.S.C. 3003(4))), the defense in-         SA 4662. Mr. KING (for himself, Mr.
                                             Committee on Commerce, Science, and                     dustrial and technology sectors, and any
                                             Transportation, and the Select Committee                                                                        ROUNDS, Mr. SASSE, Ms. ROSEN, Ms.
                                                                                                     places, organizations, physical infrastruc-             HASSAN, and Mr. OSSOFF) submitted an
                                             on Intelligence of the Senate; and                      ture, or digital infrastructure designated as
                                               (B) the Committee on Armed Services, the              critical to the national security of the
                                                                                                                                                             amendment intended to be proposed to
                                             Committee on Foreign Affairs, the Com-                  United States.                                          amendment SA 3867 submitted by Mr.
                                             mittee on Natural Resources, the Committee              SEC.    1434. REPORT ON DISCLOSURES CON-                REED and intended to be proposed to
                                             on Energy and Commerce, and the Perma-                                CERNING CRITICAL MINERALS BY              the bill H.R. 4350, to authorize appro-




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                                             nent Select Committee on Intelligence of the                          CONTRACTORS OF DEPARTMENT OF              priations for fiscal year 2022 for mili-
                                             House of Representatives.                                             DEFENSE.
                                                                                                                                                             tary activities of the Department of
                                               (2) CRITICAL MINERAL.—The term ‘‘critical                  (a) REPORT REQUIRED.—Not later than De-
                                             mineral’’ has the meaning given that term in            cember 31, 2022, the Secretary of Defense,              Defense, for military construction, and
                                             section 7002(a) of the Energy Act of 2020 (di-          after consultation with the Secretary of                for defense activities of the Depart-
                                             vision Z of Public Law 116–260; 30 U.S.C.               Commerce, the Secretary of State, and the               ment of Energy, to prescribe military
                                             1606(a)).                                               Secretary of the Interior, shall submit to the          personnel strengths for such fiscal



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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                           S8247
                                             year, and for other purposes; which was                    ‘‘(1)   PREDISPUTE     ARBITRATION    AGREE-           (B) CHAPTER 3.—The table of sections for
                                             ordered to lie on the table; as follows:                MENT.—The term ‘predispute arbitration                 chapter 3 of title 9, United States Code, is
                                               At the end of subtitle G of title X, add the          agreement’ means an agreement to arbitrate             amended by striking the item relating to
                                             following:                                              a dispute that has not yet arisen at the time          section 307 and inserting the following:
                                                                                                     of the making of the agreement.                        ‘‘307. Application.’’.
                                             SEC. 1064. REPORT ON CYBERSECURITY CERTIFI-
                                                         CATIONS AND LABELING.                          ‘‘(2) PREDISPUTE JOINT-ACTION WAIVER.—                 (3) TABLE OF CHAPTERS.—The table of chap-
                                               Not later than October 1, 2022, the National          The term ‘predispute joint-action waiver’              ters of title 9, United States Code, is amend-
                                             Cyber Director, in consultation with the Di-            means an agreement, whether or not part of             ed by adding at the end the following:
                                             rector of the National Institute of Standards           a predispute arbitration agreement, that               ‘‘4. Arbitration of servicemember and
                                             and Technology and the Director of the Cy-              would prohibit, or waive the right of, one of               veteran disputes .......................... 401’’.
                                             bersecurity and Infrastructure Security                 the parties to the agreement to participate            SEC. 6lll. LIMITATION ON WAIVER OF RIGHTS
                                             Agency, shall submit to the Committee on                in a joint, class, or collective action in a ju-                 AND      PROTECTIONS     UNDER
                                             Homeland Security and Governmental Af-                  dicial, arbitral, administrative, or other                       SERVICEMEMBERS CIVIL RELIEF
                                             fairs and the Committee on Commerce,                    forum, concerning a dispute that has not yet                     ACT.
                                                                                                     arisen at the time of the making of the                  (a) AMENDMENTS.—Section 107(a) of the
                                             Science, and Transportation of the Senate
                                                                                                     agreement.                                             Servicemembers Civil Relief Act (50 U.S.C.
                                             and the Committee on Homeland Security
                                                                                                     ‘‘§ 402. No validity or enforceability                 3918(a)) is amended—
                                             and the Committee on Science, Space, and
                                                                                                        ‘‘(a) IN GENERAL.—Notwithstanding any                  (1) in the second sentence, by inserting
                                             Technology of the House of Representatives
                                                                                                     other provision of this title, no predispute           ‘‘and if it is made after a specific dispute has
                                             a report that—
                                                                                                     arbitration agreement or predispute joint-             arisen and the dispute is identified in the
                                               (1) identifies and assesses existing efforts
                                                                                                     action waiver shall be valid or enforceable            waiver’’ before the period at the end; and
                                             by the Federal Government to create, admin-
                                                                                                     with respect to a dispute relating to disputes            (2) in the third sentence by inserting ‘‘and
                                             ister, or otherwise support the use of certifi-
                                                                                                     arising under chapter 43 of title 38 or the            if it is made after a specific dispute has aris-
                                             cations or labels to communicate the secu-
                                                                                                     Servicemembers Civil Relief Act (50 U.S.C.             en and the dispute is identified in the waiv-
                                             rity or security characteristics of informa-
                                                                                                     3901 et seq.).                                         er’’ before the period at the end.
                                             tion technology or operational technology                                                                         (b) APPLICATION OF AMENDMENTS.—The
                                             products and services; and                                 ‘‘(b) APPLICABILITY.—
                                                                                                        ‘‘(1) IN GENERAL.—An issue as to whether            amendments made by subsection (a) shall
                                               (2) assesses the viability of and need for a                                                                 apply with respect to waivers made on or
                                             new program at the Department of Home-                  this chapter applies with respect to a dispute
                                                                                                     shall be determined under Federal law. The             after the date of the enactment of this Act.
                                             land Security, or at other Federal agencies                                                                    SEC. 6lll. APPLICABILITY.
                                             as appropriate, to better address information           applicability of this chapter to an agreement
                                                                                                     to arbitrate and the validity and enforce-               This subtitle, and the amendments made
                                             technology and operational technology prod-                                                                    by this subtitle, shall apply with respect to
                                             uct and service security certification and la-          ability of an agreement to which this chap-
                                                                                                     ter applies shall be determined by a court,            any dispute or claim that arises or accrues
                                             beling efforts across the Federal Government                                                                   on or after the date of the enactment of this
                                             and between the Federal Government and                  rather than an arbitrator, irrespective of
                                                                                                     whether the party resisting arbitration chal-          Act.
                                             the private sector.
                                                                                                     lenges the arbitration agreement specifically
                                                                                                                                                              SA 4664. Mr. BLUMENTHAL sub-
                                               SA 4663. Mr. BLUMENTHAL (for                          or in conjunction with other terms of the
                                                                                                     contract containing such agreement, and ir-            mitted an amendment intended to be
                                             himself and Ms. MURKOWSKI) submitted                                                                           proposed to amendment SA 3867 sub-
                                             an amendment intended to be proposed                    respective of whether the agreement pur-
                                                                                                     ports to delegate such determinations to an            mitted by Mr. REED and intended to be
                                             to amendment SA 3867 submitted by                       arbitrator.                                            proposed to the bill H.R. 4350, to au-
                                             Mr. REED and intended to be proposed                       ‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.—            thorize appropriations for fiscal year
                                             to the bill H.R. 4350, to authorize ap-                 Nothing in this chapter shall apply to any             2022 for military activities of the De-
                                             propriations for fiscal year 2022 for                   arbitration provision in a contract between            partment of Defense, for military con-
                                             military activities of the Department                   an employer and a labor organization or be-
                                                                                                                                                            struction, and for defense activities of
                                             of Defense, for military construction,                  tween labor organizations, except that no
                                                                                                     such arbitration provision shall have the ef-          the Department of Energy, to prescribe
                                             and for defense activities of the De-                                                                          military personnel strengths for such
                                             partment of Energy, to prescribe mili-                  fect of waiving the right of a worker to seek
                                                                                                     judicial enforcement of a right arising under          fiscal year, and for other purposes;
                                             tary personnel strengths for such fiscal                a provision of the Constitution of the United          which was ordered to lie on the table;
                                             year, and for other purposes; which was                 States, a State constitution, or a Federal or          as follows:
                                             ordered to lie on the table; as follows:                State statute, or public policy arising there-           At the end of subtitle D of title VIII, add
                                               At the appropriate place in title VI, insert          from.’’.                                               the following:
                                             the following:                                             (b) TECHNICAL AND CONFORMING AMEND-                 SEC. 844. UNFUNDED SMALL BUSINESS INNOVA-
                                             Subtitle ll—Arbitration Rights of Members               MENTS.—                                                            TION RESEARCH PROJECTS.
                                                   of the Armed Forces and Veterans                     (1) IN GENERAL.—Title 9, United States                (a) IN GENERAL.—Not later than 10 days
                                                                                                     Code, is amended—                                      after the date on which the budget of the
                                             SEC. 6lll. SHORT TITLE.
                                                                                                        (A) in section 1 by striking ‘‘of seamen,’’         President for a fiscal year is submitted to
                                               This subtitle may be cited as the ‘‘Justice
                                                                                                     and all that follows through ‘‘interstate              Congress pursuant to section 1105 of title 31,
                                             for Servicemembers Act of 2021’’.
                                                                                                     commerce’’ and inserting ‘‘persons and                 United States Code, each Secretary of a mili-
                                             SEC. 6lll. PURPOSES.
                                                                                                     causes of action under chapter 43 of title 38          tary department and the Under Secretary of
                                               The purposes of this subtitle are—                    or the Servicemembers Civil Relief Act (50
                                               (1) to prohibit predispute arbitration                                                                       Defense for Research and Engineering shall
                                                                                                     U.S.C. 3901 et seq.)’’;                                submit to the Secretary of Defense, the
                                             agreements that force arbitration of disputes              (B) in section 2 by inserting ‘‘or as other-
                                             arising from claims brought under chapter 43                                                                   Chairman of the Joint Chiefs of Staff, and
                                                                                                     wise provided in chapter 4’’ before the period         the congressional defense committees a re-
                                             of title 38, United States Code, or the                 at the end;
                                             Servicemembers Civil Relief Act (50 U.S.C.                                                                     port on unfunded priorities of the Depart-
                                                                                                        (C) in section 208—                                 ment of Defense related to high priority
                                             3901 et seq.); and                                         (i) in the section heading, by striking
                                               (2) to prohibit agreements and practices                                                                     Small Business Innovation Research and
                                                                                                     ‘‘Chapter 1; residual application’’ and insert-        Small     Business     Technology     Transfer
                                             that interfere with the right of persons to             ing ‘‘Application’’; and
                                             participate in a joint, class, or collective ac-                                                               projects.
                                                                                                        (ii) by adding at the end the following:              (b) ELEMENTS.—
                                             tion related to disputes arising from claims            ‘‘This chapter applies to the extent that this           (1) IN GENERAL.—Each report under sub-
                                             brought under the provisions of the laws de-            chapter is not in conflict with chapter 4.’’;          section (a) shall include identification of not
                                             scribed in paragraph (1).                               and                                                    more than five unfunded priority projects,
                                             SEC. 6lll. ARBITRATION OF DISPUTES INVOLV-                 (D) in section 307—
                                                        ING     THE      RIGHTS     OF
                                                                                                                                                            with information for each project covered by
                                                                                                        (i) in the section heading, by striking             such report, including the following informa-
                                                        SERVICEMEMBERS AND VETERANS.
                                                                                                     ‘‘Chapter 1; residual application’’ and insert-        tion:
                                               (a) IN GENERAL.—Title 9, United States
                                                                                                     ing ‘‘Application’’; and                                 (A) A summary description of such pri-
                                             Code, is amended by adding at the end the
                                                                                                        (ii) by adding at the end the following:            ority, including the objectives to be achieved
                                             following:
                                                                                                     ‘‘This chapter applies to the extent that this         if such priority were to be funded (whether
                                             ‘‘CHAPTER 4—ARBITRATION OF SERVICE-




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                                                                                                     chapter is not in conflict with chapter 4.’’.          in whole or in part).
                                                   MEMBER AND VETERAN DISPUTES                          (2) TABLE OF SECTIONS.—                               (B) The additional amount of funds rec-
                                             ‘‘Sec.                                                     (A) CHAPTER 2.—The table of sections for            ommended in connection with the objectives
                                             ‘‘401. Definitions.                                     chapter 2 of title 9, United States Code, is           identified under subparagraph (A).
                                             ‘‘402. No validity or enforceability.                   amended by striking the item relating to                 (C) Account information with respect to
                                             ‘‘§ 401. Definitions                                    section 208 and inserting the following:               such priority, including, as applicable, the
                                                ‘‘In this chapter:                                   ‘‘208. Application.’’.                                 following:




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                                             S8248                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                               (i) Line item number, in the case of appli-             At the end of subtitle E of title XII, add           regulated fishing in the geographic area of
                                             cable procurement accounts.                             the following:                                         the combatant command, including the steps
                                               (ii) Program element number, in the case              SEC. 1253. BRIEFING ON PROGRAMMING AND                 taken to build the capacity of partners to
                                             of applicable research, development, test,                         BUDGETING FOR THE PACIFIC DE-               combat those threats.
                                             and evaluation accounts.                                           TERRENCE INITIATIVE.                          (2) Coordination among the United States
                                               (iii) Sub-activity group, in the case of ap-            (a) BRIEFING.—Not later than 60 days after           Armed Forces, partner countries, and public-
                                             plicable operation and maintenance ac-                  the date of the enactment of this Act, the             private partnerships to combat the threats
                                             counts.                                                 Deputy Secretary of Defense shall provide to           described in paragraph (1).
                                               (2) PRIORITY ORDER.—Each Secretary shall              the congressional defense committees a                   (3) Efforts undertaken to support unclassi-
                                             ensure that the unfunded priorities covered             briefing on the processes and guidance used            fied data integration, analysis, and delivery
                                             by a report under subsection (a) are listed in          to program and budget for the Pacific Deter-           with regional partners to combat the threats
                                             the order of urgency of priority, as deter-             rence Initiative, including—                           described in paragraph (1).
                                             mined by the Under Secretary.                             (1) the allocation of fiscal toplines in the           (4) Information sharing and coordination
                                               (c) UNFUNDED PRIORITY DEFINED.—In this                program objective memorandum process to                with efforts of the Interagency Working
                                             section, the term ‘‘unfunded priority’’, with           support the Pacific Deterrence Initiative at           Group on IUU Fishing.
                                             respect to a fiscal year, means a project re-           the outset of the process;                               (5) Best practices and lessons learned from
                                             lated to a successful project funded under                (2) the role of the combatant commanders             ongoing and previous efforts relating to the
                                             Phase Two of the Small Business Innovation              in setting requirements for the Pacific De-            threats described in paragraph (1), including
                                             Research or Small Business Technology                   terrence Initiative;                                   strategies for coordination and successes in
                                             Transfer program that—                                    (3) the role of the military departments             public-private partnerships.
                                               (1) is not funded in the budget of the Presi-         and other components of the Armed Forces                 (6) Limitations related to affordability, re-
                                             dent for that fiscal year, as submitted to              in proposing programmatic options to meet              source constraints, or other gaps or factors
                                             Congress pursuant to section 1105 of title 31,          such requirements; and                                 that constrain the success or expansion of ef-
                                             United States Code;                                       (4) the role of the combatant commanders,            forts related to the threats described in para-
                                               (2) has the potential to—                             the military departments and other compo-              graph (1).
                                               (A) advance the national security capabili-           nents of the Armed Forces, the Cost Assess-              (7) Any new authorities needed to support
                                             ties of the United States;                              ment and Program Evaluation Office, and                efforts to combat the threats described in
                                               (B) provide new technologies or processes,            the Deputy Secretary of Defense in adjudi-             paragraph (1).
                                             or new applications of existing technologies,           cating requirements and programmatic op-                 (c) FORM.—The report required by sub-
                                             that will enable new alternatives to existing           tions—                                                 section (a) shall be submitted in unclassified
                                             programs; and                                             (A) before the submission of the program             form, but may include a classified annex.
                                               (C) provide future cost savings; and                  objective memorandum for the Pacific De-                 (d) DEFINITIONS.—In this section:
                                               (3) would have been recommended for fund-
                                                                                                     terrence Initiative; and                                 (1) APPROPRIATE COMMITTEES OF CON-
                                             ing through the budget referred to in para-
                                                                                                       (B) during program review.                           GRESS.—The term ‘‘appropriate committees
                                             graph (1) if—                                             (b) GUIDANCE.—In establishing program ob-            of Congress’’ means—
                                               (A) additional resources had been available           jective memorandum guidance for fiscal year              (A) Committee on Armed Services, the
                                             for the budget to fund the program, activity,           2024, the Deputy Secretary of Defense shall
                                             or mission requirement; or                                                                                     Committee on Commerce, Science, and
                                                                                                     ensure that the processes and guidance used            Transportation, the Committee on Foreign
                                               (B) the program, activity, or mission re-             to program and budget the Pacific Deter-
                                             quirement had emerged before the budget                                                                        Relations, and the Committee on Appropria-
                                                                                                     rence Initiative align, as appropriate, with           tions of the Senate; and
                                             was formulated.                                         the processes and guidance used to program               (B) the Committee on Armed Services, the
                                               SA 4665. Ms. MURKOWSKI submitted                      and budget for the European Deterrence Ini-            Committee on Natural Resources, the Com-
                                                                                                     tiative, including through the allocation of           mittee on Transportation and Infrastruc-
                                             an amendment intended to be proposed                    fiscal toplines for each such initiative in the        ture, the Committee on Foreign Affairs, and
                                             to amendment SA 3867 submitted by                       fiscal year 2024 process.                              the Committee on Appropriations of the
                                             Mr. REED and intended to be proposed                                                                           House of Representatives.
                                             to the bill H.R. 4350, to authorize ap-                   SA 4667. Mr. SULLIVAN (for himself                     (2) INTERAGENCY WORKING GROUP ON IUU
                                             propriations for fiscal year 2022 for                   and Mr. WHITEHOUSE) submitted an                       FISHING.—The term ‘‘Interagency Working
                                             military activities of the Department                   amendment intended to be proposed to                   Group on IUU Fishing’’ means the working
                                             of Defense, for military construction,                  amendment SA 3867 submitted by Mr.                     group established by section 3551 of the Mari-
                                             and for defense activities of the De-                   REED and intended to be proposed to                    time Security and Fisheries Enforcement
                                             partment of Energy, to prescribe mili-                  the bill H.R. 4350, to authorize appro-                Act (16 U.S.C. 8031).
                                             tary personnel strengths for such fiscal                priations for fiscal year 2022 for mili-
                                             year, and for other purposes; which was                                                                          SA 4668. Mr. CRUZ (for himself, Mrs.
                                                                                                     tary activities of the Department of                   GILLIBRAND,    Ms.   MURKOWSKI,     Mr.
                                             ordered to lie on the table; as follows:                Defense, for military construction, and
                                               At the end of subtitle E of title VIII, add                                                                  COONS, Mr. CRAMER, Mr. HAWLEY, Mr.
                                                                                                     for defense activities of the Depart-                  MARSHALL, Mr. LUJÁN, Ms. BALDWIN,
                                             the following:                                          ment of Energy, to prescribe military
                                             SEC. 857. AIR FORCE STRATEGY FOR ACQUISI-                                                                      Mr. BENNET, and Mr. HICKENLOOPER)
                                                         TION OF COMBAT RESCUE AIRCRAFT              personnel strengths for such fiscal                    submitted an amendment intended to
                                                         AND EQUIPMENT.                              year, and for other purposes; which was                be proposed to amendment SA 3867 sub-
                                               The Secretary of the Air Force shall sub-             ordered to lie on the table; as follows:               mitted by Mr. REED and intended to be
                                             mit to the congressional defense committees               At the end of subtitle F of title X, add the
                                             a strategy for the Department of the Air                                                                       proposed to the bill H.R. 4350, to au-
                                                                                                     following:
                                             Force for the acquisition of combat rescue                                                                     thorize appropriations for fiscal year
                                                                                                     SEC. 1054. REPORT ON EFFORTS OF COMBATANT
                                             aircraft and equipment that aligns with the                         COMMANDS TO COMBAT THREATS                 2022 for military activities of the De-
                                             stated capability and capacity requirements                         POSED BY ILLEGAL, UNREPORTED,              partment of Defense, for military con-
                                             of the Air Force to meet the national defense                       AND UNREGULATED FISHING.                   struction, and for defense activities of
                                             strategy (required under section 113(g) of                (a) IN GENERAL.—Not later than 180 days              the Department of Energy, to prescribe
                                             title 10, United States Code), taking into ac-          after the date of the enactment of this Act,
                                             count regional strategies such as those relat-                                                                 military personnel strengths for such
                                                                                                     the Secretary of the Navy, in consultation
                                             ing to the Indo-Pacific and Arctic regions.             with the Chief of Naval Research, the chair
                                                                                                                                                            fiscal year, and for other purposes;
                                                                                                     and deputy chairs of the Interagency Work-             which was ordered to lie on the table;
                                               SA 4666. Mr. SULLIVAN (for himself,                   ing Group on IUU Fishing, and the heads of             as follows:
                                             Mr. KING, and Ms. HIRONO) submitted                     other relevant agencies, as determined by                At the end of subtitle E of title V, add the
                                             an amendment intended to be proposed                    the Secretary, shall submit to the appro-              following:
                                             to amendment SA 3867 submitted by                       priate committees of Congress a report on              SEC. 576. PROHIBITION ON LIMITING OF CERTAIN
                                             Mr. REED and intended to be proposed                    the maritime domain awareness efforts of                           PARENTAL GUARDIANSHIP RIGHTS
                                             to the bill H.R. 4350, to authorize ap-                 the combatant commands to combat the                               OF CADETS AND MIDSHIPMEN.
                                             propriations for fiscal year 2022 for                   threats posed by illegal, unreported, and un-            (a) PROHIBITION.—
                                             military activities of the Department                   regulated fishing.                                       (1) IN GENERAL.—The Secretary of Defense,




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                                                                                                       (b) ELEMENTS.—The report required by sub-            the Secretary of Homeland Security, and the
                                             of Defense, for military construction,
                                                                                                     section (a) shall include a detailed summary           Secretary of Transportation, in consultation
                                             and for defense activities of the De-                   of each of the following for each combatant            with the Secretaries of the military depart-
                                             partment of Energy, to prescribe mili-                  command:                                               ments and the Superintendent of each Fed-
                                             tary personnel strengths for such fiscal                  (1) Activities undertaken as of the date on          eral service academy, as appropriate, shall
                                             year, and for other purposes; which was                 which the report is submitted to combat the            prescribe in regulations policies that include
                                             ordered to lie on the table; as follows:                threats posed by illegal, unreported, and un-          the option to preserve parental guardianship




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                      S8249
                                             rights of cadets and midshipmen are pro-                REED and intended to be proposed to                     Mr. Sharmahd was the target of an alleged
                                             tected consistent with individual and aca-              the bill H.R. 4350, to authorize appro-                 Iran-directed assassination plot in Glendora,
                                             demic responsibilities.                                 priations for fiscal year 2022 for mili-                California.
                                               (2) DEVELOPMENT OF POLICY TO PROTECT PA-                                                                         (9) In 2020, the Government of Turkey re-
                                                                                                     tary activities of the Department of
                                             RENTAL RIGHTS.—                                                                                                 leased counterterrorism files exposing how
                                               (A) IN GENERAL.—Not later than one year               Defense, for military construction, and                 Iranian authorities allegedly collaborated
                                             after the date of the enactment of this Act,            for defense activities of the Depart-                   with drug gangs to kidnap Habib Chabi, an
                                             the Secretary of Defense, the Secretary of              ment of Energy, to prescribe military                   Iranian-Swedish activist for Iran’s Arab mi-
                                             Homeland Security, and the Secretary of                 personnel strengths for such fiscal                     nority. In 2020, the Government of Iran alleg-
                                             Transportation shall implement a policy                 year, and for other purposes; which was                 edly lured Mr. Chabi to Istanbul through a
                                             that includes the option to preserve the pa-            ordered to lie on the table; as follows:                female agent posing as a potential lover. Mr.
                                             rental rights of Federal service academy stu-                                                                   Chabi was then allegedly kidnapped from
                                                                                                          At the end of title XII, add the following:
                                             dents who become pregnant or father a child                                                                     Istanbul, and smuggled into Iran where he
                                             while attending a Federal service academy.                          Subtitle H—Iran Sanctions
                                                                                                                                                             faces execution, following a sham trial.
                                               (B) REPORT.—Not later than 180 days after             SEC. 1291. SHORT TITLE.                                    (10) In 2020, a United States-Iranian citizen
                                             the date of the enactment of this Act, the                This subtitle may be cited as the ‘‘Masih             and an Iranian resident of California pleaded
                                             Secretary of Defense, the Secretary of Home-            Alinejad Harassment and Unlawful Tar-                   guilty to charges of acting as illegal agents
                                             land Security, and the Secretary of Trans-              geting Act of 2021’’ or the ‘‘Masih Alinejad            of the Government of Iran by surveilling
                                             portation shall submit to the congressional             HUNT Act’’.                                             Jewish student facilities, including the
                                             defense committees a report on the legisla-             SEC. 1292. FINDINGS.                                    Hillel Center and Rohr Chabad Center at the
                                             tive changes needed to support the policy de-             Congress finds that the Government of the             University of Chicago, in addition to
                                             veloped pursuant to paragraph (1).                      Islamic Republic of Iran surveils, harasses,            surveilling and collecting identifying infor-
                                               (3) OPTIONS FOR PREGNANT CADETS AND MID-              terrorizes, tortures, abducts, and murders in-          mation about United States citizens and na-
                                             SHIPMEN.—The regulations prescribed under               dividuals who peacefully defend human                   tionals who are critical of the Iranian re-
                                             paragraph (1) shall provide that females who            rights and freedoms in Iran, and innocent en-           gime.
                                             become pregnant while enrolled at a Federal             tities and individuals considered by the Gov-              (11) In 2019, 2 Iranian intelligence officers
                                             service academy shall have, at a minimum,               ernment of Iran to be enemies of that re-               at the Iranian consulate in Turkey allegedly
                                             the following options to be elected by the              gime, including United States citizens on               orchestrated the assassination of Iranian dis-
                                             cadet or midshipman:                                    United States soil, and takes foreign nation-           sident journalist Masoud Molavi Vardanjani,
                                               (A) At the conclusion of the current semes-           als hostage, including in the following in-             who was shot while walking with a friend in
                                             ter or when otherwise deemed medically ap-              stances:                                                Istanbul. Unbeknownst to Mr. Molavi, his
                                             propriate, the individual may take an unpaid              (1) In 2021, Iranian intelligence agents were         ‘‘friend’’ was in fact an undercover Iranian
                                             leave of absence from the Federal service               indicted for plotting to kidnap United States           agent and the leader of the killing squad, ac-
                                             academy for up to one year followed by a re-            citizen, women’s rights activist, and jour-             cording to a Turkish police report.
                                             turn to full cadet or midshipman status (if             nalist Masih Alinejad, from her home in New                (12) In 2019, around 1,500 people were alleg-
                                             remaining otherwise qualified).                         York City, in retaliation for exercising her            edly killed amid a less than 2 week crack-
                                               (B) Seek a transfer to a university with a            rights under the First Amendment to the                 down by security forces on anti-government
                                             Reserve Officer Training Program for mili-              Constitution of the United States. Iranian              protests across Iran, including at least an al-
                                             tary service under the military department              agents allegedly spent at least approxi-                leged 23 children and 400 women.
                                             concerned.                                              mately half a million dollars to capture the               (13) In 2019, Iranian operatives allegedly
                                               (C) Full release from the Federal service             outspoken critic of the authoritarianism of             lured      Paris-based     Iranian    journalist
                                             academy and any service or financially re-              the Government of Iran, and studied evacu-              Ruhollah Zam to Iraq, where he was ab-
                                             lated obligations, regardless of commitment             ating her by military-style speedboats to               ducted, and hanged in Iran for sedition.
                                             status.                                                 Venezuela before rendition to Iran.                        (14) In 2019, a Kurdistan regional court con-
                                               (D) Enlistment in military active-duty                  (2) Prior to the New York kidnapping plot,            victed an Iranian female for trying to lure
                                             service, with all of the attendant benefits.            Ms. Alinejad’s family in Iran was instructed            Voice of America reporter Ali Javanmardi to
                                               (4) TREATMENT OF MALES WHO FATHER A                   by authorities to lure Ms. Alinejad to Tur-             a hotel room in Irbil, as part of a foiled Ira-
                                             CHILD WHILE ENROLLED AT A FEDERAL SERVICE               key. In an attempt to intimidate her into si-           nian intelligence plot to kidnap and extra-
                                             ACADEMY.—The regulations prescribed under               lence, the Government of Iran arrested 3 of             dite Mr. Javanmardi, a critic of the Govern-
                                             paragraph (1) shall provide for the following           Ms. Alinejad’s family members in 2019, and              ment of Iran.
                                             policies regarding males who may father a               sentenced her brother to 8 years in prison for             (15) In 2019, Federal Bureau of Investiga-
                                             child while enrolled at a Federal service               refusing to denounce her.                               tion agents visited the rural Connecticut
                                             academy:                                                  (3) According to Federal prosecutors, the             home of Iran-born United States author and
                                               (A) Academy leadership shall establish                same Iranian intelligence network that al-              poet Roya Hakakian to warn her that she
                                             policies to allow cadets and midshipmen at              legedly plotted to kidnap Ms. Alinejad is               was the target of an assassination plot or-
                                             least two weeks of leave to attend the birth,           also targeting critics of the Government of             chestrated by the Government of Iran.
                                             which must be used in conjunction with the              Iran who live in Canada, the United King-                  (16) In 2019, the Government of Denmark
                                             birth; and                                              dom, and the United Arab Emirates.                      accused the Government of Iran of directing
                                               (B) The academy shall provide the father                (4) In 2021, an Iranian diplomat was con-             the assassination of Iranian Arab activist
                                             the same options available to a cadet or mid-           victed in Belgium of attempting to carry out            Ahmad Mola Nissi, in The Hague, and the as-
                                             shipman who becomes a mother while en-                  a 2018 bombing of a dissident rally in France.          sassination of another opposition figure,
                                             rolled by selecting one of the options out-               (5) In 2021, a Danish high court found a              Reza Kolahi Samadi, who was murdered near
                                             lined in subparagraphs (B) and (C) of para-             Norwegian citizen of Iranian descent guilty             Amsterdam in 2015.
                                             graph (3).                                              of illegal espionage and complicity in a                   (17) In 2018, German security forces
                                               (b) RULE OF CONSTRUCTION.—Nothing in                  failed plot to kill an Iranian Arab dissident           searched for 10 alleged spies who were work-
                                             this section shall be construed as requiring            figure in Denmark.                                      ing for Iran’s al-Quds Force to collect infor-
                                             or providing for the changing of admission                (6) In 2021, the British Broadcasting Cor-            mation on targets related to the local Jewish
                                             requirements at any of the Federal service              poration (BBC) appealed to the United Na-               community, including kindergartens.
                                             academies.                                              tions to protect BBC Persian employees in                  (18) In 2017, Germany convicted a Pakistani
                                               (c) FEDERAL SERVICE ACADEMY DEFINED.—                 London who suffer regular harassment and                man for working as an Iranian agent to spy
                                             In this section, the term ‘‘Federal service             threats of kidnapping by Iranian government             on targets including a former German law-
                                             academy’’ means the following:                          agents.                                                 maker and a French-Israeli economics pro-
                                               (1) The United States Military Academy,                 (7) In 2021, 15 militants allegedly working           fessor.
                                             West Point, New York.                                   on behalf of the Government of Iran were ar-               (19) In 2012, an Iranian American pleaded
                                               (2) The United States Naval Academy, An-              rested in Ethiopia for plotting to attack citi-         guilty to conspiring with members of the
                                             napolis, Maryland.                                      zens of Israel, the United States, and the              Iranian military to bomb a popular Wash-
                                               (3) The United States Air Force Academy,              United Arab Emirates, according to United               ington, D.C., restaurant with the aim of as-
                                             Colorado Springs, Colorado.                             States officials.                                       sassinating the ambassador of Saudi Arabia
                                               (4) The United States Coast Guard Acad-                 (8) In 2020, Iranian agents allegedly kid-            to the United States.
                                             emy, New London, Connecticut.                           napped United States resident and Iranian-                 (20) In 1996, agents of the Government of




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                                               (5) The United States Merchant Marine                 German journalist Jamshid Sharmahd, while               Iran allegedly assassinated 5 Iranian dis-
                                             Academy, Kings Point, New York.                         he was traveling to India through Dubai. Ira-           sident exiles across Turkey, Pakistan, and
                                                                   ---
                                                                                                     nian authorities announced they had seized              Baghdad, over a 5-month period that year.
                                               SA 4669. Mr. TOOMEY (for himself                      Mr. Sharmahd in ‘‘a complex operation’’, and               (21) In 1992, the Foreign and Common-
                                             and Mr. CARDIN) submitted an amend-                     paraded him blindfolded on state television.            wealth Office of the United Kingdom ex-
                                             ment intended to be proposed to                         Mr. Sharmahd is arbitrarily detained in Iran,           pelled 2 Iranians employed at the Iranian
                                             amendment SA 3867 submitted by Mr.                      allegedly facing the death penalty. In 2009,            Embassy in London and a third Iranian on a




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                                             S8250                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                             student visa amid allegations they were plot-             (1) IN GENERAL.—Not later than 45 days               Act (subtitle F of title XII of Public Law 114–
                                             ting to kill Indian-born British American               after the date of the enactment of this Act,           328; 22 U.S.C. 2656 note), impose sanctions
                                             novelist Salman Rushdie, pursuant to the                the Secretary of State, in consultation with           under subsection (b) of that section; and
                                             fatwa issued by then supreme leader of Iran,            the Secretary of the Treasury, the Director              (2) if the foreign person does not meet such
                                             Ayatollah Ruhollah Khomeini.                            of National Intelligence, and the Attorney             criteria, impose the sanctions described in
                                               (22) In 1992, 4 Iranian Kurdish dissidents            General, shall submit to the appropriate con-          subsection (c).
                                             were assassinated at a restaurant in Berlin,            gressional committees a report that—                     (c) SANCTIONS DESCRIBED.—The sanctions
                                             Germany, allegedly by Iranian agents.                     (A) includes a detailed description and as-          to be imposed under this subsection with re-
                                               (23) In 1992, singer, actor, poet, and gay Ira-       sessment of—                                           spect to a foreign person are the following:
                                             nian dissident Fereydoun Farrokhzad was                   (i) the state of human rights and the rule             (1) BLOCKING OF PROPERTY.—The President
                                             found dead with multiple stab wounds in his             of law inside Iran, including the rights and           shall exercise all powers granted to the
                                             apartment in Germany. His death is alleg-               well-being of women, religious and ethnic              President by the International Emergency
                                             edly the work of Iran-directed agents.                  minorities, and the LGBTQ community in                 Economic Powers Act (50 U.S.C. 1701 et seq.)
                                               (24) In 1980, Ali Akbar Tabatabaei, a lead-           Iran;                                                  to the extent necessary to block and prohibit
                                             ing critic of Iran and then president of the              (ii) actions taken by the Government of              all transactions in all property and interests
                                             Iran Freedom Foundation, was murdered in                Iran during the year preceding submission of           in property of the person if such property
                                             front of his Bethesda, Maryland, home by an             the report to target and silence dissidents            and interests in property are in the United
                                             assassin disguised as a postal courier. The             both inside and outside of Iran who advocate           States, come within the United States, or
                                             Federal Bureau of Investigation had identi-             for human rights inside Iran;                          are or come within the possession or control
                                             fied the ‘‘mailman’’ as Dawud Salahuddin,                 (iii) the methods used by the Government             of a United States person.
                                             born     David      Theodore     Belfield.   Mr.        of Iran to target and silence dissidents both            (2) INELIGIBILITY FOR VISAS, ADMISSION, OR
                                                                                                     inside and outside of Iran; and                        PAROLE.—
                                             Salahuddin was working as a security guard
                                             at an Iranian interest office in Washington,              (iv) the means through which the Govern-               (A) IN GENERAL.—
                                             D.C., when he claims he accepted the assign-            ment of Iran finances efforts to target and              (i) VISAS, ADMISSION, OR PAROLE.—An alien
                                             ment and payment of $5,000 from the Govern-             silence dissidents both inside and outside of          described in subsection (a)(1)(B) is—
                                             ment of Iran to kill Mr. Tabatabaei.                    Iran;                                                    (I) inadmissible to the United States;
                                                                                                       (B) identifies foreign persons working as              (II) ineligible to receive a visa or other
                                               (25) Other exiled Iranian dissidents alleged
                                                                                                     part of the Government of Iran or acting on            documentation to enter the United States;
                                             to have been victims of the Government of
                                                                                                     behalf of that Government (including mem-              and
                                             Iran’s murderous extraterritorial campaign
                                                                                                     bers of paramilitary organizations such as               (III) otherwise ineligible to be admitted or
                                             include Shahriar Shafiq, Shapour Bakhtiar,
                                                                                                     Ansar-e-Hezbollah and Basij-e Mostaz’afin),            paroled into the United States or to receive
                                             and Gholam Ali Oveissi.
                                                                                                     that the Secretary of State determines,                any other benefit under the Immigration and
                                               (26) Iranian Americans face an ongoing
                                                                                                     based on credible evidence, are knowingly re-          Nationality Act (8 U.S.C. 1101 et seq.).
                                             campaign of intimidation both in the virtual
                                                                                                     sponsible for, complicit in or involved in or-           (ii) CURRENT VISAS REVOKED.—
                                             and physical world by agents and affiliates of
                                                                                                     dering, conspiring, planning or imple-                   (I) IN GENERAL.—The visa or other entry
                                             the Government of Iran, which aims to stifle
                                                                                                     menting the surveillance, harassment, kid-             documentation of an alien described in sub-
                                             freedom of expression and eliminate the
                                                                                                     napping, illegal extradition, imprisonment,            section (a)(1)(B) shall be revoked, regardless
                                             threat Iranian authorities believe democ-
                                                                                                     torture, killing, or assassination of citizens         of when such visa or other entry documenta-
                                             racy, justice, and gender equality pose to
                                                                                                     of Iran (including citizens of Iran of dual na-        tion is or was issued.
                                             their rule.
                                                                                                     tionality) and citizens of the United States             (II) IMMEDIATE EFFECT.—A revocation
                                             SEC. 1293. DEFINITIONS.                                 both inside and outside Iran who seek—                 under subclause (I) shall—
                                               In this subtitle:                                       (i) to expose illegal or corrupt activity car-         (aa) take effect immediately; and
                                               (1) ADMISSION; ADMITTED; ALIEN.—The                   ried out by officials of the Government of               (bb) automatically cancel any other valid
                                             terms ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’        Iran;                                                  visa or entry documentation that is in the
                                             have the meanings given those terms in sec-               (ii) to obtain, exercise, defend, or promote         alien’s possession.
                                             tion 101 of the Immigration and Nationality             internationally recognized human rights and              (d) TERMINATION OF SANCTIONS.—The Presi-
                                             Act (8 U.S.C. 1101).                                    freedoms, such as the freedoms of religion,            dent may terminate the application of sanc-
                                               (2) APPROPRIATE CONGRESSIONAL COMMIT-                 expression, association, and assembly, and             tions under this section with respect to a
                                             TEES.—The term ‘‘appropriate congressional              the rights to a fair trial and democratic elec-        person if the President determines and re-
                                             committees’’ means—                                     tions, in Iran; or                                     ports to the appropriate congressional com-
                                               (A) the Committee on Banking, Housing,                  (iii) to obtain, exercise, defend, or promote        mittees, not later than 15 days before the
                                             and Urban Affairs and the Committee on                  the rights and well-being of women, religious          termination of the sanctions that—
                                             Foreign Relations of the Senate; and                    and ethnic minorities, and the LGBTQ com-                (1) credible information exists that the per-
                                               (B) the Committee on Financial Services               munity in Iran; and                                    son did not engage in the activity for which
                                             and the Committee on Foreign Affairs of the               (C) includes, for each foreign person identi-        sanctions were imposed;
                                             House of Representatives.                               fied subparagraph (B), a clear explanation               (2) the person has been prosecuted appro-
                                               (3) CORRESPONDENT ACCOUNT; PAYABLE-                   for why the foreign person was so identified.          priately for the activity for which sanctions
                                             THROUGH      ACCOUNT.—The      terms      ‘‘cor-          (2) UPDATES OF REPORT.—The report re-                were imposed; or
                                             respondent account’’ and ‘‘payable-through              quired by paragraph (1) shall be updated, and            (3) the person has—
                                             account’’ have the meanings given those                 the updated version submitted to the appro-              (A) credibly demonstrated a significant
                                             terms in section 5318A of title 31, United              priate congressional committees, during the            change in behavior;
                                             States Code.                                            10-year period following the date of the en-             (B) has paid an appropriate consequence
                                               (4) FOREIGN FINANCIAL INSTITUTION.—The                actment of this Act—                                   for the activity for which sanctions were im-
                                             term ‘‘foreign financial institution’’ has the            (A) not less frequently than annually; and           posed; and
                                             meaning of that term as determined by the                 (B) with respect to matters relating to the            (C) has credibly committed to not engage
                                             Secretary of the Treasury pursuant to sec-              identification of foreign persons under para-          in an activity described in subsection (a) in
                                             tion 104(i) of the Comprehensive Iran Sanc-             graph (1)(B), on an ongoing basis as new in-           the future.
                                             tions, Accountability, and Divestment Act of            formation becomes available.                           SEC. 1295. REPORT AND IMPOSITION OF SANC-
                                             2010 (22 U.S.C. 8513(i)).                                 (3) FORM OF REPORT.—                                             TIONS WITH RESPECT TO FOREIGN
                                                                                                                                                                        FINANCIAL   INSTITUTIONS   CON-
                                               (5) FOREIGN PERSON.—The term ‘‘foreign                  (A) IN GENERAL.—Each report required by                          DUCTING   SIGNIFICANT    TRANS-
                                             person’’ means any individual or entity that            paragraph (1) and each update required by                          ACTIONS WITH PERSONS RESPON-
                                             is not a United States person.                          paragraph (2) shall be submitted in unclassi-                      SIBLE FOR OR COMPLICIT IN
                                               (6) UNITED STATES PERSON.—The term                    fied form but may include a classified annex.                      ABUSES TOWARD DISSIDENTS ON
                                             ‘‘United States person’’ means—                           (B) PUBLIC AVAILABILITY.—The Secretary of                        BEHALF OF THE GOVERNMENT OF
                                               (A) a United States citizen or an alien law-          State shall post the unclassified portion of                       IRAN.
                                             fully admitted for permanent residence to               each report required by paragraph (1) and                (a) REPORT REQUIRED.—
                                             the United States; or                                   each update required by paragraph (2) on a               (1) IN GENERAL.—Not earlier than 30 days
                                               (B) an entity organized under the laws of             publicly available internet website of the De-         and not later than 60 days after the Sec-
                                             the United States or any jurisdiction within            partment of State.                                     retary of State submits to the appropriate
                                             the United States, including a foreign branch             (b) IMPOSITION OF SANCTIONS.—In the case             congressional committees a report required
                                             of such an entity.                                      of a foreign person identified under para-             by section 1294(a), the Secretary of the




dlhill on DSK120RN23PROD with SENATE
                                             SEC. 1294. REPORT AND IMPOSITION OF SANC-               graph (1)(B) of subsection (a) in the most re-         Treasury, in consultation with the Secretary
                                                         TIONS WITH RESPECT TO PERSONS               cent report or update submitted under that             of State, shall submit to the appropriate
                                                         WHO ARE RESPONSIBLE FOR OR                  subsection, the President shall—                       congressional committees a report that iden-
                                                         COMPLICIT IN ABUSES TOWARD DIS-               (1) if the foreign person meets the criteria         tifies any foreign financial institution that
                                                         SIDENTS ON BEHALF OF THE GOV-               for the imposition of sanctions under sub-             knowingly conducts a significant trans-
                                                         ERNMENT OF IRAN.                            section (a) of section 1263 of the Global              action with a foreign person identified in the
                                               (a) REPORT REQUIRED.—                                 Magnitsky Human Rights Accountability                  report submitted under section 1294(a).




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8251
                                               (2) FORM OF REPORT.—                                  to the bill H.R. 4350, to authorize ap-                ties Development Command shall brief the
                                               (A) IN GENERAL.—Each report required by               propriations for fiscal year 2022 for                  congressional defense committees on—
                                             paragraph (1) shall be submitted in unclassi-           military activities of the Department                    (1) current research and development ac-
                                             fied form but may include a classified annex.                                                                  tivities to leverage robotics, autonomy, and
                                                                                                     of Defense, for military construction,
                                               (B) PUBLIC AVAILABILITY.—The Secretary of                                                                    artificial intelligence to enhance additive
                                             the Treasury shall post the unclassified por-           and for defense activities of the De-                  manufacturing capabilities in forward-de-
                                             tion of each report required by paragraph (1)           partment of Energy, to prescribe mili-                 ployed, expeditionary bases; and
                                             on a publicly available internet website of             tary personnel strengths for such fiscal                 (2) courses of action being considered to
                                             the Department of the Treasury.                         year, and for other purposes; which was                successfully transition additive manufac-
                                               (b) IMPOSITION OF SANCTIONS.—The Sec-                 ordered to lie on the table; as follows:               turing capabilities into sustained oper-
                                             retary of the Treasury may prohibit the                   At the end of subtitle G of title XII, add           ational capabilities.
                                             opening, or prohibit or impose strict condi-            the following:                                           (b) ELEMENTS.—The briefing required by
                                             tions on the maintaining, in the United                                                                        subsection (a) shall include the following:
                                                                                                     SEC.   1283.   REMOVAL OF MEMBERS OF THE
                                             States of a correspondent account or a pay-                            UNITED NATIONS HUMAN RIGHTS               (1) A summary of research advances and in-
                                             able-through account by a foreign financial                            COUNCIL THAT COMMIT HUMAN               novations in expeditionary manufacturing
                                             institution identified under subsection (a)(1).                        RIGHTS ABUSES.                          enabled by past investments combining arti-
                                             SEC. 1296. EXCEPTIONS; WAIVERS; IMPLEMENTA-               The President shall direct the Permanent             ficial intelligence and additive manufac-
                                                         TION.                                       Representative of the United States to the             turing.
                                               (a) EXCEPTIONS.—                                      United Nations to use the voice, vote, and in-           (2) A summary of plans and ongoing activi-
                                               (1) EXCEPTION FOR INTELLIGENCE, LAW EN-               fluence of the United States—                          ties to engage with operational programs
                                             FORCEMENT, AND NATIONAL SECURITY ACTIVI-                  (1) to reform the process for removing               and programs of record to ensure that such
                                             TIES.—Sanctions under sections 1294 and 1295            members of the United Nations Human                    advances and innovations can be successfully
                                             shall not apply to any authorized intel-                Rights Council that commit gross and sys-              transitioned and supported to maximize mis-
                                             ligence, law enforcement, or national secu-             temic violations of human rights, includ-              sion readiness and force resiliency.
                                             rity activities of the United States.                   ing—                                                     (3) An assessment of the feasibility of initi-
                                               (2) EXCEPTION TO COMPLY WITH UNITED NA-                 (A) lowering the threshold vote at the               ating pilot programs between institutions of
                                             TIONS HEADQUARTERS AGREEMENT.—Sanctions                 United Nations General Assembly for re-                higher education, the defense industrial
                                             under section 1294(c)(2) shall not apply with           moval to a simple majority;                            base, and the Army Combat Capabilities De-
                                             respect to the admission of an alien to the               (B) ensuring that information detailing the          velopment Command related to experimen-
                                             United States if the admission of the alien is          member country’s human rights record is                tation and demonstrations of expeditionary
                                             necessary to permit the United States to                publicly available before the vote on re-              manufacturing techniques.
                                             comply with the Agreement regarding the                 moval; and
                                             Headquarters of the United Nations, signed                (C) making the vote of each country on the             SA 4672. Mr. KENNEDY submitted an
                                             at Lake Success June 26, 1947, and entered              removal from the United Nations Human                  amendment intended to be proposed to
                                             into force November 21, 1947, between the               Rights Council publicly available;
                                             United Nations and the United States, the                                                                      amendment SA 3867 submitted by Mr.
                                                                                                       (2) to reform the rules on electing members
                                             Convention on Consular Relations, done at                                                                      REED and intended to be proposed to
                                                                                                     to the United Nations Human Rights Council
                                             Vienna April 24, 1963, and entered into force           to ensure that United Nations members                  the bill H.R. 4350, to authorize appro-
                                             March 19, 1967, or other applicable inter-              which have committed gross and systemic                priations for fiscal year 2022 for mili-
                                             national obligations.                                   violations of human rights are not elected to          tary activities of the Department of
                                               (3) EXCEPTION RELATING TO IMPORTATION OF              the Human Rights Council; and                          Defense, for military construction, and
                                             GOODS.—                                                   (3) to oppose the election to the Human              for defense activities of the Depart-
                                               (A) IN GENERAL.—Notwithstanding any                   Rights Council of any United Nations mem-              ment of Energy, to prescribe military
                                             other provision of this subtitle, the authori-          ber—
                                             ties and requirements to impose sanctions                                                                      personnel strengths for such fiscal
                                                                                                       (A) that is currently designated as—
                                             authorized under this subtitle shall not in-                                                                   year, and for other purposes; which was
                                                                                                       (i) a country engaged in a consistent pat-
                                             clude the authority or a requirement to im-             tern of gross violations of internationally            ordered to lie on the table; as follows:
                                             pose sanctions on the importation of goods.             recognized human rights pursuant to section              At the end of subtitle G of title X, add the
                                               (B) GOOD DEFINED.—In this paragraph, the              116 or section 502B of the Foreign Assistance          following:
                                             term ‘‘good’’ means any article, natural or             Act of 1961 (22 U.S.C. 2151n and 2304);                SEC. 1064. SYSTEM FOR ELECTRONIC SUBMIS-
                                             manmade substance, material, supply or                    (ii) a state sponsor of terrorism; or                            SION OF COMPLAINTS ABOUT THE
                                             manufactured product, including inspection                (iii) a Tier 3 country under the Trafficking                     DELIVERY OF HEALTH CARE SERV-
                                             and test equipment, and excluding technical             Victims Protection Act of 2000 (22 U.S.C. 7101                     ICES BY THE DEPARTMENT OF VET-
                                             data.                                                                                                                      ERANS AFFAIRS.
                                                                                                     et seq.);
                                               (b) NATIONAL SECURITY WAIVER.—The                       (B) the government of which is identified              Section 7309A(c) of title 38, United States
                                             President may waive the application of sanc-            on the list published by the Secretary of              Code, is amended by adding at the end the
                                             tions under section 1294 with respect to a              State pursuant to section 404(b) of the Child          following new paragraph:
                                             person if the President—                                Soldiers Prevention Act of 2008 (22 U.S.C.               ‘‘(3) Beginning not later than 18 months
                                               (1) determines that the waiver is in the na-          2370c–1(b)) as a government that recruits and          after the date of the enactment of this para-
                                             tional security interests of the United                 uses child soldiers; or                                graph, the Director shall establish an infor-
                                             States; and                                               (C) the government of which the United               mation technology system that will allow a
                                               (2) submits to the appropriate congres-               States determines to have committed geno-              veteran (or the designated representative of
                                             sional committees a report on the waiver                cide or crimes against humanity.                       a veteran) to electronically—
                                             and the reasons for the waiver.                                                                                  ‘‘(A) file a complaint that will be received
                                               (c) IMPLEMENTATION; PENALTIES.—                         SA 4671. Mr. TOOMEY (for himself                     by the appropriate patient advocate; and
                                               (1) IMPLEMENTATION.—The President may                                                                          ‘‘(B) at any time view the status of the
                                                                                                     and Mr. CASEY) submitted an amend-
                                             exercise all authorities provided to the                                                                       complaint, including interim and final ac-
                                             President under sections 203 and 205 of the             ment intended to be proposed to
                                                                                                                                                            tions that have been taken to address the
                                             International Emergency Economic Powers                 amendment SA 3867 submitted by Mr.                     complaint.’’.
                                             Act (50 U.S.C. 1702 and 1704) to carry out this         REED and intended to be proposed to
                                             subtitle.                                               the bill H.R. 4350, to authorize appro-                  SA 4673. Mr. PETERS (for himself
                                               (2) PENALTIES.—A person that violates, at-            priations for fiscal year 2022 for mili-
                                             tempts to violate, conspires to violate, or
                                                                                                                                                            and Mr. PORTMAN) submitted an
                                                                                                     tary activities of the Department of                   amendment intended to be proposed to
                                             causes a violation of section 1294(b)(1) or             Defense, for military construction, and
                                             1295(b) or any regulation, license, or order                                                                   amendment SA 3867 submitted by Mr.
                                                                                                     for defense activities of the Depart-                  REED and intended to be proposed to
                                             issued to carry out either such section shall
                                             be subject to the penalties set forth in sub-           ment of Energy, to prescribe military                  the bill H.R. 4350, to authorize appro-
                                             sections (b) and (c) of section 206 of the              personnel strengths for such fiscal                    priations for fiscal year 2022 for mili-
                                             International Emergency Economic Powers                 year, and for other purposes; which was                tary activities of the Department of
                                             Act (50 U.S.C. 1705) to the same extent as a            ordered to lie on the table; as follows:               Defense, for military construction, and




dlhill on DSK120RN23PROD with SENATE
                                             person that commits an unlawful act de-                   At the end of subtitle D of title II, add the
                                             scribed in subsection (a) of that section.
                                                                                                                                                            for defense activities of the Depart-
                                                                                                     following:                                             ment of Energy, to prescribe military
                                                                                                     SEC. 246. BRIEFING ON ADDITIVE MANUFAC-
                                               SA 4670. Mr. BARRASSO submitted                                  TURING CAPABILITIES.
                                                                                                                                                            personnel strengths for such fiscal
                                             an amendment intended to be proposed                      (a) IN GENERAL.—Not later than 90 days
                                                                                                                                                            year, and for other purposes; which was
                                             to amendment SA 3867 submitted by                       after the date of the enactment of this Act,           ordered to lie on the table; as follows:
                                             Mr. REED and intended to be proposed                    the Director of the Army Combat Capabili-                At the end, add the following:




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                                             S8252                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                             DIVISION E—CYBER INCIDENT REPORT-                       participation in a bug-bounty program or a               ‘‘(B) provide appropriate entities, includ-
                                               ING ACT OF 2021 AND CISA TECHNICAL                    vulnerability disclosure program.                      ing agencies, sector coordinating councils,
                                               CORRECTIONS AND IMPROVEMENTS                            ‘‘(7) FEDERAL CONTRACTOR.—The term ‘Fed-             information sharing and analysis organiza-
                                               ACT OF 2021                                           eral contractor’ means a business, nonprofit           tions, technology providers, cybersecurity
                                              TITLE LI—CYBER INCIDENT REPORTING                      organization, or other private sector entity           and incident response firms, and security re-
                                                           ACT OF 2021                               that holds a Federal Government contract or            searchers, with timely, actionable, and
                                             SEC. 5101. SHORT TITLE.
                                                                                                     subcontract at any tier, grant, cooperative            anonymized reports of cyber incident cam-
                                                                                                     agreement, or other transaction agreement,             paigns and trends, including, to the max-
                                               This title may be cited as the ‘‘Cyber Inci-
                                                                                                     unless that entity is a party only to—                 imum extent practicable, related contextual
                                             dent Reporting Act of 2021’’.
                                                                                                       ‘‘(A) a service contract to provide house-           information, cyber threat indicators, and de-
                                             SEC. 5102. DEFINITIONS.
                                                                                                     keeping or custodial services; or                      fensive measures, pursuant to section 2235;
                                                In this title:                                         ‘‘(B) a contract to provide products or serv-          ‘‘(5) establish mechanisms to receive feed-
                                                (1) COVERED CYBER INCIDENT; COVERED ENTI-            ices unrelated to information technology               back from stakeholders on how the Agency
                                             TY; CYBER INCIDENT.—The terms ‘‘covered
                                                                                                     that is below the micro-purchase threshold,            can most effectively receive covered cyber
                                             cyber incident’’, ‘‘covered entity’’, and               as defined in section 2.101 of title 48, Code of       incident reports, ransom payment reports,
                                             ‘‘cyber incident’’ have the meanings given              Federal Regulations, or any successor regu-            and other voluntarily provided information;
                                             those terms in section 2230 of the Homeland             lation.                                                  ‘‘(6) facilitate the timely sharing, on a vol-
                                             Security Act of 2002, as added by section 5103            ‘‘(8) FEDERAL ENTITY; INFORMATION SYSTEM;            untary basis, between relevant critical infra-
                                             of this title.                                          SECURITY CONTROL.—The terms ‘Federal enti-             structure owners and operators of informa-
                                                (2) DIRECTOR.—The term ‘‘Director’’ means            ty’, ‘information system’, and ‘security con-          tion relating to covered cyber incidents and
                                             the Director of the Cybersecurity and Infra-            trol’ have the meanings given those terms in           ransom payments, particularly with respect
                                             structure Security Agency.                              section 102 of the Cybersecurity Act of 2015 (6        to ongoing cyber threats or security
                                                (3) INFORMATION SYSTEM; RANSOM PAYMENT;              U.S.C. 1501).                                          vulnerabilities and identify and disseminate
                                             RANSOMWARE        ATTACK;   SECURITY  VULNER-
                                                                                                       ‘‘(9) SIGNIFICANT CYBER INCIDENT.—The                ways to prevent or mitigate similar inci-
                                             ABILITY.—The terms ‘‘information system’’,
                                                                                                     term ‘significant cyber incident’ means a cy-          dents in the future;
                                             ‘‘ransom payment’’, ‘‘ransomware attack’’,              bersecurity incident, or a group of related              ‘‘(7) for a covered cyber incident, including
                                             and ‘‘security vulnerability’’ have the mean-           cybersecurity incidents, that the Secretary            a ransomware attack, that also satisfies the
                                             ings given those terms in section 2200 of the           determines is likely to result in demon-               definition of a significant cyber incident, or
                                             Homeland Security Act of 2002, as added by              strable harm to the national security inter-           is part of a group of related cyber incidents
                                             section 5203 of this division.                          ests, foreign relations, or economy of the             that together satisfy such definition, con-
                                             SEC. 5103. CYBER INCIDENT REPORTING.                    United States or to the public confidence,             duct a review of the details surrounding the
                                               (a) CYBER INCIDENT REPORTING.—Title XXII              civil liberties, or public health and safety of        covered cyber incident or group of those inci-
                                             of the Homeland Security Act of 2002 (6                 the people of the United States.                       dents and identify and disseminate ways to
                                             U.S.C. 651 et seq.) is amended—                           ‘‘(10) SMALL ORGANIZATION.—The term                  prevent or mitigate similar incidents in the
                                               (1) in section 2209(b) (6 U.S.C. 659(b)), as so       ‘small organization’—                                  future;
                                             redesignated by section 5203(b) of this divi-             ‘‘(A) means—                                           ‘‘(8) with respect to covered cyber incident
                                             sion—                                                     ‘‘(i) a small business concern, as defined in        reports under section 2232(a) and 2233 involv-
                                               (A) in paragraph (11), by striking ‘‘and’’ at         section 3 of the Small Business Act (15 U.S.C.         ing an ongoing cyber threat or security vul-
                                             the end;                                                632); or                                               nerability, immediately review those reports
                                               (B) in paragraph (12), by striking the pe-              ‘‘(ii) any nonprofit organization, including         for cyber threat indicators that can be
                                             riod at the end and inserting ‘‘; and’’; and            faith-based organizations and houses of wor-           anonymized and disseminated, with defen-
                                               (C) by adding at the end the following:               ship, or other private sector entity with              sive measures, to appropriate stakeholders,
                                               ‘‘(13) receiving, aggregating, and analyzing          fewer than 200 employees (determined on a              in coordination with other divisions within
                                             reports related to covered cyber incidents (as          full-time equivalent basis); and                       the Agency, as appropriate;
                                             defined in section 2230) submitted by covered             ‘‘(B) does not include—                                ‘‘(9) publish quarterly unclassified, public
                                             entities (as defined in section 2230) and re-             ‘‘(i) a business, nonprofit organization, or         reports that may be based on the unclassi-
                                             ports related to ransom payments submitted              other private sector entity that is a covered          fied information contained in the briefings
                                             by entities in furtherance of the activities            entity; or                                             required under subsection (c);
                                             specified in sections 2202(e), 2203, and 2231,            ‘‘(ii) a Federal contractor.                           ‘‘(10) proactively identify opportunities
                                             this subsection, and any other authorized ac-           ‘‘SEC. 2231. CYBER INCIDENT REVIEW.                    and perform analyses, consistent with the
                                             tivity of the Director, to enhance the situa-                                                                  protections in section 2235, to leverage and
                                                                                                        ‘‘(a) ACTIVITIES.—The Center shall—
                                             tional awareness of cybersecurity threats                                                                      utilize data on ransomware attacks to sup-
                                                                                                       ‘‘(1) receive, aggregate, analyze, and se-
                                             across critical infrastructure sectors.’’; and                                                                 port law enforcement operations to identify,
                                                                                                     cure, using processes consistent with the
                                               (2) by adding at the end the following:                                                                      track, and seize ransom payments utilizing
                                                                                                     processes developed pursuant to the Cyberse-
                                                  ‘‘Subtitle C—Cyber Incident Reporting              curity Information Sharing Act of 2015 (6              virtual currencies, to the greatest extent
                                             ‘‘SEC. 2230. DEFINITIONS.                               U.S.C. 1501 et seq.) reports from covered enti-        practicable;
                                               ‘‘In this subtitle:                                   ties related to a covered cyber incident to as-          ‘‘(11) proactively identify opportunities,
                                               ‘‘(1) CENTER.—The term ‘Center’ means the             sess the effectiveness of security controls,           consistent with the protections in section
                                             center established under section 2209.                  identify tactics, techniques, and procedures           2235, to leverage and utilize data on cyber in-
                                               ‘‘(2) COUNCIL.—The term ‘Council’ means               adversaries use to overcome those controls             cidents in a manner that enables and
                                             the Cyber Incident Reporting Council de-                and other cybersecurity purposes, including            strengthens cybersecurity research carried
                                             scribed in section 1752(c)(1)(H) of the William         to support law enforcement investigations,             out by academic institutions and other pri-
                                             M. (Mac) Thornberry National Defense Au-                to assess potential impact of incidents on             vate sector organizations, to the greatest ex-
                                             thorization Act for Fiscal Year 2021 (6 U.S.C.          public health and safety, and to have a more           tent practicable;
                                             1500(c)(1)(H)).                                         accurate picture of the cyber threat to crit-            ‘‘(12) on a not less frequently than annual
                                               ‘‘(3) COVERED CYBER INCIDENT.—The term                ical infrastructure and the people of the              basis, analyze public disclosures made pursu-
                                             ‘covered cyber incident’ means a substantial            United States;                                         ant to parts 229 and 249 of title 17, Code of
                                             cyber incident experienced by a covered enti-             ‘‘(2) receive, aggregate, analyze, and secure        Federal Regulations, or any subsequent doc-
                                             ty that satisfies the definition and criteria           reports to lead the identification of tactics,         ument submitted to the Securities and Ex-
                                             established by the Director in the final rule           techniques, and procedures used to perpet-             change Commission by entities experiencing
                                             issued pursuant to section 2232(b).                     uate cyber incidents and ransomware at-                cyber incidents and compare such disclosures
                                               ‘‘(4) COVERED ENTITY.—The term ‘covered               tacks;                                                 to reports received by the Center; and
                                             entity’ means—                                            ‘‘(3) coordinate and share information with            ‘‘(13) in accordance with section 2235 and
                                               ‘‘(A) any Federal contractor; or                      appropriate Federal departments and agen-              subsection (b) of this section, as soon as pos-
                                               ‘‘(B) an entity that owns or operates crit-           cies to identify and track ransom payments,            sible but not later than 24 hours after receiv-
                                             ical infrastructure that satisfies the defini-          including those utilizing virtual currencies;          ing a covered cyber incident report, ransom
                                             tion established by the Director in the final             ‘‘(4) leverage information gathered about            payment report, voluntarily submitted infor-
                                             rule issued pursuant to section 2232(b).                cybersecurity incidents to—                            mation pursuant to section 2233, or informa-
                                               ‘‘(5) CYBER INCIDENT.—The term ‘cyber in-               ‘‘(A) enhance the quality and effectiveness          tion received pursuant to a request for infor-
                                             cident’ has the meaning given the term ‘inci-           of information sharing and coordination ef-            mation or subpoena under section 2234, make




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                                             dent’ in section 2200.                                  forts with appropriate entities, including             available the information to appropriate
                                               ‘‘(6) CYBER THREAT.—The term ‘cyber                   agencies, sector coordinating councils, infor-         Sector Risk Management Agencies and other
                                             threat’—                                                mation sharing and analysis organizations,             appropriate Federal agencies.
                                               ‘‘(A) has the meaning given the term ‘cy-             technology providers, critical infrastructure            ‘‘(b) INTERAGENCY SHARING.—The National
                                             bersecurity threat’ in section 2200; and                owners and operators, cybersecurity and in-            Cyber Director, in consultation with the Di-
                                               ‘‘(B) does not include any activity related           cident response firms, and security research-          rector and the Director of the Office of Man-
                                             to good faith security research, including              ers; and                                               agement and Budget—




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8253
                                               ‘‘(1) may establish a specific time require-          paragraphs (1) and (2) apply, the covered en-          work, or a serious impact on the safety and
                                             ment for sharing information under sub-                 tity may submit a single report to satisfy             resiliency of operational systems and proc-
                                             section (a)(13); and                                    the requirements of both paragraphs in ac-             esses;
                                               ‘‘(2) shall determine the appropriate Fed-            cordance with procedures established in the              ‘‘(ii) a disruption of business or industrial
                                             eral agencies under subsection (a)(13).                 final rule issued pursuant to subsection (b).          operations due to a cyber incident; or
                                               ‘‘(c) PERIODIC BRIEFING.—Not later than 60              ‘‘(B) SUBSTANTIALLY SIMILAR REPORTED IN-               ‘‘(iii) an occurrence described in clause (i)
                                             days after the effective date of the final rule         FORMATION.—The requirements under para-                or (ii) due to loss of service facilitated
                                             required under section 2232(b), and on the              graphs (1), (2), and (3) shall not apply to an         through, or caused by, a compromise of a
                                             first day of each month thereafter, the Di-             entity required by law, regulation, or con-            cloud service provider, managed service pro-
                                             rector, in consultation with the National               tract to report substantially similar infor-           vider, or other third-party data hosting pro-
                                             Cyber Director, the Attorney General, and               mation to another Federal agency within a              vider or by a supply chain compromise;
                                             the Director of National Intelligence, shall            substantially similar timeframe.                         ‘‘(B) consider—
                                             provide to the majority leader of the Senate,             ‘‘(C) DOMAIN NAME SYSTEM.—The require-                 ‘‘(i) the sophistication or novelty of the
                                             the minority leader of the Senate, the                  ments under paragraphs (1), (2) and (3) shall          tactics used to perpetrate such an incident,
                                             Speaker of the House of Representatives, the            not apply to an entity or the functions of an          as well as the type, volume, and sensitivity
                                             minority leader of the House of Representa-             entity that the Director determines con-               of the data at issue;
                                             tives, the Committee on Homeland Security               stitute critical infrastructure owned, oper-             ‘‘(ii) the number of individuals directly or
                                             and Governmental Affairs of the Senate, and             ated, or governed by multi-stakeholder orga-           indirectly affected or potentially affected by
                                             the Committee on Homeland Security of the               nizations that develop, implement, and en-             such an incident; and
                                             House of Representatives a briefing that                force policies concerning the Domain Name                ‘‘(iii) potential impacts on industrial con-
                                             characterizes the national cyber threat land-           System, such as the Internet Corporation for           trol systems, such as supervisory control and
                                             scape, including the threat facing Federal              Assigned Names and Numbers or the Inter-               data acquisition systems, distributed control
                                             agencies and covered entities, and applicable           net Assigned Numbers Authority.                        systems, and programmable logic control-
                                             intelligence and law enforcement informa-                 ‘‘(6) MANNER, TIMING, AND FORM OF RE-                lers; and
                                             tion,     covered    cyber    incidents,   and          PORTS.—Reports made under paragraphs (1),                ‘‘(C) exclude—
                                             ransomware attacks, as of the date of the               (2), and (3) shall be made in the manner and             ‘‘(i) any event where the cyber incident is
                                             briefing, which shall—                                  form, and within the time period in the case           perpetuated by good faith security research
                                               ‘‘(1) include the total number of reports             of reports made under paragraph (3), pre-              or in response to an invitation by the owner
                                             submitted under sections 2232 and 2233 dur-             scribed in the final rule issued pursuant to           or operator of the information system for
                                             ing the preceding month, including a break-             subsection (b).                                        third parties to find vulnerabilities in the in-
                                             down of required and voluntary reports;                   ‘‘(7) EFFECTIVE DATE.—Paragraphs (1)                 formation system, such as through a vulner-
                                               ‘‘(2) include any identified trends in cov-           through (4) shall take effect on the dates pre-        ability disclosure program or the use of au-
                                             ered cyber incidents and ransomware attacks             scribed in the final rule issued pursuant to           thorized penetration testing services; and
                                             over the course of the preceding month and              subsection (b).                                          ‘‘(ii) the threat of disruption as extortion,
                                             as compared to previous reports, including                ‘‘(b) RULEMAKING.—                                   as described in section 2201(9)(A).
                                             any trends related to the information col-                ‘‘(1) NOTICE OF PROPOSED RULEMAKING.—Not               ‘‘(3) A requirement that, if a covered cyber
                                             lected in the reports submitted under sec-              later than 2 years after the date of enact-            incident or a ransom payment occurs fol-
                                             tions 2232 and 2233, including—                         ment of this section, the Director, in con-            lowing an exempted threat described in para-
                                               ‘‘(A) the infrastructure, tactics, and tech-          sultation with Sector Risk Management                  graph (2)(C)(ii), the entity shall comply with
                                             niques malicious cyber actors commonly                  Agencies, the Department of Justice, and               the requirements in this subtitle in report-
                                             use; and                                                other Federal agencies, shall publish in the           ing the covered cyber incident or ransom
                                               ‘‘(B) intelligence gaps that have impeded,            Federal Register a notice of proposed rule-            payment.
                                             or currently are impeding, the ability to               making to implement subsection (a).                      ‘‘(4) A clear description of the specific re-
                                             counter     covered    cyber   incidents   and            ‘‘(2) FINAL RULE.—Not later than 18 months           quired contents of a report pursuant to sub-
                                             ransomware threats;                                     after publication of the notice of proposed            section (a)(1), which shall include the fol-
                                               ‘‘(3) include a summary of the known uses             rulemaking under paragraph (1), the Director           lowing information, to the extent applicable
                                             of the information in reports submitted                 shall issue a final rule to implement sub-             and available, with respect to a covered
                                             under sections 2232 and 2233; and                       section (a).                                           cyber incident:
                                               ‘‘(4) be unclassified, but may include a                ‘‘(3) SUBSEQUENT RULEMAKINGS.—                         ‘‘(A) A description of the covered cyber in-
                                             classified annex.                                         ‘‘(A) IN GENERAL.—The Director is author-            cident, including—
                                             ‘‘SEC. 2232. REQUIRED REPORTING OF CERTAIN              ized to issue regulations to amend or revise             ‘‘(i) identification and a description of the
                                                           CYBER INCIDENTS.                          the final rule issued pursuant to paragraph            function of the affected information sys-
                                                ‘‘(a) IN GENERAL.—                                   (2).                                                   tems, networks, or devices that were, or are
                                                ‘‘(1) COVERED CYBER INCIDENT REPORTS.—A                ‘‘(B) PROCEDURES.—Any subsequent rules               reasonably believed to have been, affected by
                                             covered entity that is a victim of a covered            issued under subparagraph (A) shall comply             such incident;
                                             cyber incident shall report the covered cyber           with the requirements under chapter 5 of                 ‘‘(ii) a description of the unauthorized ac-
                                             incident to the Director not later than 72              title 5, United States Code, including the             cess with substantial loss of confidentiality,
                                             hours after the covered entity reasonably be-           issuance of a notice of proposed rulemaking            integrity, or availability of the affected in-
                                             lieves that the covered cyber incident has oc-          under section 553 of such title.                       formation system or network or disruption
                                             curred.                                                   ‘‘(c) ELEMENTS.—The final rule issued pur-           of business or industrial operations;
                                               ‘‘(2) RANSOM PAYMENT REPORTS.—An enti-                suant to subsection (b) shall be composed of             ‘‘(iii) the estimated date range of such in-
                                             ty, including a covered entity and except for           the following elements:                                cident; and
                                             an individual or a small organization, that               ‘‘(1) A clear description of the types of en-          ‘‘(iv) the impact to the operations of the
                                             makes a ransom payment as the result of a               tities that constitute covered entities, based         covered entity.
                                             ransomware attack against the entity shall              on—                                                      ‘‘(B) Where applicable, a description of the
                                             report the payment to the Director not later              ‘‘(A) the consequences that disruption to            vulnerabilities, tactics, techniques, and pro-
                                             than 24 hours after the ransom payment has              or compromise of such an entity could cause            cedures used to perpetuate the covered cyber
                                             been made.                                              to national security, economic security, or            incident.
                                               ‘‘(3) SUPPLEMENTAL REPORTS.—A covered                 public health and safety;                                ‘‘(C) Where applicable, any identifying or
                                             entity shall promptly submit to the Director              ‘‘(B) the likelihood that such an entity             contact information related to each actor
                                             an update or supplement to a previously sub-            may be targeted by a malicious cyber actor,            reasonably believed to be responsible for
                                             mitted covered cyber incident report if new             including a foreign country; and                       such incident.
                                             or different information becomes available                ‘‘(C) the extent to which damage, disrup-              ‘‘(D) Where applicable, identification of the
                                             or if the covered entity makes a ransom pay-            tion, or unauthorized access to such an enti-          category or categories of information that
                                             ment after submitting a covered cyber inci-             ty, including the accessing of sensitive cy-           were, or are reasonably believed to have
                                             dent report required under paragraph (1).               bersecurity vulnerability information or               been, accessed or acquired by an unauthor-
                                               ‘‘(4) PRESERVATION OF INFORMATION.—Any                penetration testing tools or techniques, will          ized person.
                                             entity subject to requirements of paragraph             likely enable the disruption of the reliable             ‘‘(E) The name and other information that
                                             (1), (2), or (3) shall preserve data relevant to        operation of critical infrastructure.                  clearly identifies the entity impacted by the
                                             the covered cyber incident or ransom pay-                 ‘‘(2) A clear description of the types of sub-       covered cyber incident.
                                             ment in accordance with procedures estab-               stantial cyber incidents that constitute cov-            ‘‘(F) Contact information, such as tele-




dlhill on DSK120RN23PROD with SENATE
                                             lished in the final rule issued pursuant to             ered cyber incidents, which shall—                     phone number or electronic mail address,
                                             subsection (b).                                           ‘‘(A) at a minimum, require the occurrence           that the Center may use to contact the cov-
                                               ‘‘(5) EXCEPTIONS.—                                    of—                                                    ered entity or an authorized agent of such
                                               ‘‘(A) REPORTING OF COVERED CYBER INCI-                  ‘‘(i) the unauthorized access to an informa-         covered entity, or, where applicable, the
                                             DENT WITH RANSOM PAYMENT.—If a covered                  tion system or network with a substantial              service provider of such covered entity act-
                                             cyber incident includes a ransom payment                loss of confidentiality, integrity, or avail-          ing with the express permission of, and at
                                             such that the reporting requirements under              ability of such information system or net-             the direction of, the covered entity to assist




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                                             S8254                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                             with compliance with the requirements of                that is not directly related to a cybersecu-             ‘‘(f) ORGANIZATION OF REPORTS.—Notwith-
                                             this subtitle.                                          rity threat.                                           standing chapter 35 of title 44, United States
                                               ‘‘(5) A clear description of the specific re-           ‘‘(9) A clear description of the types of en-        Code (commonly known as the ‘Paperwork
                                             quired contents of a report pursuant to sub-            tities that constitute other private sector            Reduction Act’), the Director may request
                                             section (a)(2), which shall be the following            entities for purposes of section 2230(b)(7).           information within the scope of the final
                                             information, to the extent applicable and                 ‘‘(d) THIRD PARTY REPORT SUBMISSION AND              rule issued under subsection (b) by the alter-
                                             available, with respect to a ransom payment:            RANSOM PAYMENT.—                                       ation of existing questions or response fields
                                               ‘‘(A) A description of the ransomware at-               ‘‘(1) REPORT SUBMISSION.—An entity, in-              and the reorganization and reformatting of
                                             tack, including the estimated date range of             cluding a covered entity, that is required to          the means by which covered cyber incident
                                             the attack.                                             submit a covered cyber incident report or a            reports, ransom payment reports, and any
                                               ‘‘(B) Where applicable, a description of the          ransom payment report may use a third                  voluntarily offered information is submitted
                                             vulnerabilities, tactics, techniques, and pro-          party, such as an incident response company,           to the Center.
                                             cedures used to perpetuate the ransomware               insurance provider, service provider, infor-           ‘‘SEC. 2233. VOLUNTARY REPORTING OF OTHER
                                             attack.                                                 mation sharing and analysis organization, or                        CYBER INCIDENTS.
                                                                                                     law firm, to submit the required report                   ‘‘(a) IN GENERAL.—Entities may volun-
                                               ‘‘(C) Where applicable, any identifying or
                                                                                                     under subsection (a).                                  tarily report incidents or ransom payments
                                             contact information related to the actor or
                                                                                                       ‘‘(2) RANSOM PAYMENT.—If an entity im-               to the Director that are not required under
                                             actors reasonably believed to be responsible
                                                                                                     pacted by a ransomware attack uses a third
                                             for the ransomware attack.                                                                                     paragraph (1), (2), or (3) of section 2232(a), but
                                                                                                     party to make a ransom payment, the third
                                               ‘‘(D) The name and other information that                                                                    may enhance the situational awareness of
                                                                                                     party shall not be required to submit a ran-
                                             clearly identifies the entity that made the                                                                    cyber threats.
                                                                                                     som payment report for itself under sub-
                                             ransom payment.                                                                                                  ‘‘(b) VOLUNTARY PROVISION OF ADDITIONAL
                                                                                                     section (a)(2).
                                               ‘‘(E) Contact information, such as tele-                                                                     INFORMATION IN REQUIRED REPORTS.—Enti-
                                                                                                       ‘‘(3) DUTY TO REPORT.—Third-party report-
                                             phone number or electronic mail address,                                                                       ties may voluntarily include in reports re-
                                                                                                     ing under this subparagraph does not relieve
                                             that the Center may use to contact the enti-                                                                   quired under paragraph (1), (2), or (3) of sec-
                                                                                                     a covered entity or an entity that makes a
                                             ty that made the ransom payment or an au-                                                                      tion 2232(a) information that is not required
                                                                                                     ransom payment from the duty to comply
                                             thorized agent of such covered entity, or,                                                                     to be included, but may enhance the situa-
                                                                                                     with the requirements for covered cyber inci-
                                             where applicable, the service provider of               dent report or ransom payment report sub-              tional awareness of cyber threats.
                                             such covered entity acting with the express             mission.                                                 ‘‘(c) APPLICATION OF PROTECTIONS.—The
                                             permission of, and at the direction of, that              ‘‘(4) RESPONSIBILITY TO ADVISE.—Any third            protections under section 2235 applicable to
                                             entity to assist with compliance with the re-           party used by an entity that knowingly                 covered cyber incident reports shall apply in
                                             quirements of this subtitle.                            makes a ransom payment on behalf of an en-             the same manner and to the same extent to
                                               ‘‘(F) The date of the ransom payment.                 tity impacted by a ransomware attack shall             reports and information submitted under
                                               ‘‘(G) The ransom payment demand, includ-              advise the impacted entity of the respon-              subsections (a) and (b).
                                             ing the type of virtual currency or other               sibilities of the impacted entity regarding            ‘‘SEC. 2234. NONCOMPLIANCE WITH REQUIRED
                                             commodity requested, if applicable.                     reporting ransom payments under this sec-                           REPORTING.
                                               ‘‘(H) The ransom payment instructions, in-            tion.                                                     ‘‘(a) PURPOSE.—In the event that an entity
                                             cluding information regarding where to send               ‘‘(e) OUTREACH TO COVERED ENTITIES.—                 that is required to submit a report under sec-
                                             the payment, such as the virtual currency                 ‘‘(1) IN GENERAL.—The Director shall con-            tion 2232(a) fails to comply with the require-
                                             address or physical address the funds were              duct an outreach and education campaign to             ment to report, the Director may obtain in-
                                             requested to be sent to, if applicable.                 inform likely covered entities, entities that          formation about the incident or ransom pay-
                                               ‘‘(I) The amount of the ransom payment.               offer or advertise as a service to customers           ment by engaging the entity directly to re-
                                               ‘‘(6) A clear description of the types of data        to make or facilitate ransom payments on               quest information about the incident or ran-
                                             required to be preserved pursuant to sub-               behalf of entities impacted by ransomware              som payment, and if the Director is unable
                                             section (a)(4) and the period of time for               attacks, potential ransomware attack vic-              to obtain information through such engage-
                                             which the data is required to be preserved.             tims, and other appropriate entities of the            ment, by issuing a subpoena to the entity,
                                               ‘‘(7) Deadlines for submitting reports to             requirements of paragraphs (1), (2), and (3) of        pursuant to subsection (c), to gather infor-
                                             the Director required under subsection (a)(3),          subsection (a).                                        mation sufficient to determine whether a
                                             which shall—                                              ‘‘(2) ELEMENTS.—The outreach and edu-                covered cyber incident or ransom payment
                                               ‘‘(A) be established by the Director in con-          cation campaign under paragraph (1) shall              has occurred, and, if so, whether additional
                                             sultation with the Council;                             include the following:                                 action is warranted pursuant to subsection
                                               ‘‘(B) consider any existing regulatory re-              ‘‘(A) An overview of the final rule issued           (d).
                                             porting requirements similar in scope, pur-             pursuant to subsection (b).                              ‘‘(b) INITIAL REQUEST FOR INFORMATION.—
                                             pose, and timing to the reporting require-                ‘‘(B) An overview of mechanisms to submit              ‘‘(1) IN GENERAL.—If the Director has rea-
                                             ments to which such a covered entity may                to the Center covered cyber incident reports           son to believe, whether through public re-
                                             also be subject, and make efforts to har-               and information relating to the disclosure,            porting or other information in the posses-
                                             monize the timing and contents of any such              retention, and use of incident reports under           sion of the Federal Government, including
                                             reports to the maximum extent practicable;              this section.                                          through analysis performed pursuant to
                                             and                                                       ‘‘(C) An overview of the protections af-             paragraph (1) or (2) of section 2231(a), that an
                                               ‘‘(C) balance the need for situational                forded to covered entities for complying with          entity has experienced a covered cyber inci-
                                             awareness with the ability of the covered en-           the requirements under paragraphs (1), (2),            dent or made a ransom payment but failed to
                                             tity to conduct incident response and inves-            and (3) of subsection (a).                             report such incident or payment to the Cen-
                                             tigations.                                                ‘‘(D) An overview of the steps taken under           ter within 72 hours in accordance with sec-
                                               ‘‘(8) Procedures for—                                 section 2234 when a covered entity is not in           tion 2232(a), the Director shall request addi-
                                               ‘‘(A) entities to submit reports required by          compliance with the reporting requirements             tional information from the entity to con-
                                             paragraphs (1), (2), and (3) of subsection (a),         under subsection (a).                                  firm whether or not a covered cyber incident
                                             including the manner and form thereof,                    ‘‘(E) Specific outreach to cybersecurity             or ransom payment has occurred.
                                             which shall include, at a minimum, a con-               vendors, incident response providers, cyber-             ‘‘(2) TREATMENT.—Information provided to
                                             cise, user-friendly web-based form;                     security insurance entities, and other enti-           the Center in response to a request under
                                               ‘‘(B) the Agency to carry out the enforce-            ties that may support covered entities or              paragraph (1) shall be treated as if it was
                                             ment provisions of section 2233, including              ransomware attack victims.                             submitted through the reporting procedures
                                             with respect to the issuance, service, with-              ‘‘(F) An overview of the privacy and civil           established in section 2232.
                                             drawal, and enforcement of subpoenas, ap-               liberties requirements in this subtitle.                 ‘‘(c) AUTHORITY TO ISSUE SUBPOENAS AND
                                             peals and due process procedures, the suspen-             ‘‘(3) COORDINATION.—In conducting the out-           DEBAR.—
                                             sion and debarment provisions in section                reach and education campaign required                    ‘‘(1) IN GENERAL.—If, after the date that is
                                             2234(c), and other aspects of noncompliance;            under paragraph (1), the Director may co-              72 hours from the date on which the Director
                                               ‘‘(C) implementing the exceptions provided            ordinate with—                                         made the request for information in sub-
                                             in subsection (a)(5); and                                 ‘‘(A) the Critical Infrastructure Partner-           section (b), the Director has received no re-
                                               ‘‘(D) protecting privacy and civil liberties          ship Advisory Council established under sec-           sponse from the entity from which such in-
                                             consistent with processes adopted pursuant              tion 871;                                              formation was requested, or received an in-
                                             to section 105(b) of the Cybersecurity Act of             ‘‘(B) information sharing and analysis or-           adequate response, the Director may issue to




dlhill on DSK120RN23PROD with SENATE
                                             2015 (6 U.S.C. 1504(b)) and anonymizing and             ganizations;                                           such entity a subpoena to compel disclosure
                                             safeguarding, or no longer retaining, infor-              ‘‘(C) trade associations;                            of information the Director deems necessary
                                             mation received and disclosed through cov-                ‘‘(D) information sharing and analysis cen-          to determine whether a covered cyber inci-
                                             ered cyber incident reports and ransom pay-             ters;                                                  dent or ransom payment has occurred and
                                             ment reports that is known to be personal                 ‘‘(E) sector coordinating councils; and              obtain the information required to be re-
                                             information of a specific individual or infor-            ‘‘(F) any other entity as determined appro-          ported pursuant to section 2232 and any im-
                                             mation that identifies a specific individual            priate by the Director.                                plementing regulations.




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8255
                                               ‘‘(2) CIVIL ACTION.—                                    ‘‘(f) EXCLUSIONS.—This section shall not               ‘‘(3) PRIVACY AND CIVIL LIBERTIES.—Infor-
                                               ‘‘(A) IN GENERAL.—If an entity fails to com-          apply to a State, local, Tribal, or territorial        mation contained in covered cyber incident
                                             ply with a subpoena, the Director may refer             government entity.                                     and ransom payment reports submitted to
                                             the matter to the Attorney General to bring               ‘‘(g) REPORT TO CONGRESS.—The Director               the Center or the Agency pursuant to section
                                             a civil action in a district court of the               shall submit to Congress an annual report on           2232 shall be retained, used, and dissemi-
                                             United States to enforce such subpoena.                 the number of times the Director—                      nated, where permissible and appropriate, by
                                               ‘‘(B) VENUE.—An action under this para-                 ‘‘(1) issued an initial request for informa-         the Federal Government in accordance with
                                             graph may be brought in the judicial district           tion pursuant to subsection (b);                       processes to be developed for the protection
                                             in which the entity against which the action              ‘‘(2) issued a subpoena pursuant to sub-             of personal information consistent with
                                             is brought resides, is found, or does business.         section (c); or                                        processes adopted pursuant to section 105 of
                                               ‘‘(C) CONTEMPT OF COURT.—A court may                    ‘‘(3) referred a matter to the Attorney Gen-         the Cybersecurity Act of 2015 (6 U.S.C. 1504)
                                             punish a failure to comply with a subpoena              eral for a civil action pursuant to subsection         and in a manner that protects from unau-
                                             issued under this subsection as contempt of             (c)(2).                                                thorized use or disclosure any information
                                             court.                                                    ‘‘(h) PUBLICATION OF THE ANNUAL REPORT.—             that may contain—
                                               ‘‘(3) NON-DELEGATION.—The authority of                The Director shall publish a version of the              ‘‘(A) personal information of a specific in-
                                             the Director to issue a subpoena under this             annual report required under subsection (g)            dividual; or
                                             subsection may not be delegated.                        on the website of the Agency, which shall in-            ‘‘(B) information that identifies a specific
                                               ‘‘(4) DEBARMENT OF FEDERAL CONTRAC-                   clude, at a minimum, the number of times               individual that is not directly related to a
                                             TORS.—If a covered entity that is a Federal
                                                                                                     the Director—                                          cybersecurity threat.
                                             contractor fails to comply with a subpoena                ‘‘(1) issued an initial request for informa-           ‘‘(4) DIGITAL SECURITY.—The Center and the
                                             issued under this subsection—                           tion pursuant to subsection (b); or                    Agency shall ensure that reports submitted
                                               ‘‘(A) the Director may refer the matter to              ‘‘(2) issued a subpoena pursuant to sub-             to the Center or the Agency pursuant to sec-
                                             the Administrator of General Services; and              section (c).                                           tion 2232, and any information contained in
                                                                                                       ‘‘(i) ANONYMIZATION OF REPORTS.—The Di-
                                               ‘‘(B) upon receiving a referral from the Di-                                                                 those reports, are collected, stored, and pro-
                                                                                                     rector shall ensure any victim information
                                             rector, the Administrator of General Serv-                                                                     tected at a minimum in accordance with the
                                                                                                     contained in a report required to be pub-
                                             ices may impose additional available pen-                                                                      requirements for moderate impact Federal
                                                                                                     lished under subsection (h) be anonymized
                                             alties, including suspension or debarment.                                                                     information systems, as described in Federal
                                                                                                     before the report is published.
                                               ‘‘(5) AUTHENTICATION.—                                                                                       Information Processing Standards Publica-
                                                                                                     ‘‘SEC. 2235. INFORMATION SHARED WITH OR PRO-
                                               ‘‘(A) IN GENERAL.—Any subpoena issued                               VIDED TO THE FEDERAL GOVERN-             tion 199, or any successor document.
                                             electronically pursuant to this subsection                            MENT.                                      ‘‘(5) PROHIBITION ON USE OF INFORMATION IN
                                             shall be authenticated with a cryptographic                ‘‘(a) DISCLOSURE, RETENTION, AND USE.—              REGULATORY ACTIONS.—A Federal, State,
                                             digital signature of an authorized represent-              ‘‘(1) AUTHORIZED ACTIVITIES.—Information            local, or Tribal government shall not use in-
                                             ative of the Agency, or other comparable                provided to the Center or Agency pursuant              formation about a covered cyber incident or
                                             successor technology, that allows the Agen-             to section 2232 or 2233 may be disclosed to,           ransom payment obtained solely through re-
                                             cy to demonstrate that such subpoena was                retained by, and used by, consistent with              porting directly to the Center or the Agency
                                             issued by the Agency and has not been al-               otherwise applicable provisions of Federal             in accordance with this subtitle to regulate,
                                             tered or modified since such issuance.                  law, any Federal agency or department, com-            including through an enforcement action,
                                               ‘‘(B) INVALID IF NOT AUTHENTICATED.—Any               ponent, officer, employee, or agent of the             the activities of the covered entity or entity
                                             subpoena issued electronically pursuant to              Federal Government solely for—                         that made a ransom payment.
                                             this subsection that is not authenticated in              ‘‘(A) a cybersecurity purpose;                         ‘‘(b) NO WAIVER OF PRIVILEGE OR PROTEC-
                                             accordance with subparagraph (A) shall not                                                                     TION.—The submission of a report to the Cen-
                                                                                                       ‘‘(B) the purpose of identifying—
                                             be considered to be valid by the recipient of             ‘‘(i) a cyber threat, including the source of        ter or the Agency under section 2232 shall
                                             such subpoena.                                          the cyber threat; or                                   not constitute a waiver of any applicable
                                               ‘‘(d) ACTIONS BY ATTORNEY GENERAL AND                                                                        privilege or protection provided by law, in-
                                                                                                       ‘‘(ii) a security vulnerability;
                                             FEDERAL REGULATORY AGENCIES.—                                                                                  cluding trade secret protection and attorney-
                                                                                                       ‘‘(C) the purpose of responding to, or other-
                                               ‘‘(1) IN GENERAL.—Notwithstanding section                                                                    client privilege.
                                                                                                     wise preventing or mitigating, a specific                ‘‘(c) EXEMPTION FROM DISCLOSURE.—Infor-
                                             2235(a) and subsection (b)(2) of this section, if       threat of death, a specific threat of serious          mation contained in a report submitted to
                                             the Attorney General or the appropriate                 bodily harm, or a specific threat of serious           the Office under section 2232 shall be exempt
                                             Federal regulatory agency determines, based             economic harm, including a terrorist act or            from disclosure under section 552(b)(3)(B) of
                                             on information provided in response to a sub-           use of a weapon of mass destruction;                   title 5, United States Code (commonly
                                             poena issued pursuant to subsection (c), that             ‘‘(D) the purpose of responding to, inves-           known as the ‘Freedom of Information Act’)
                                             the facts relating to the covered cyber inci-           tigating, prosecuting, or otherwise pre-               and any State, Tribal, or local provision of
                                             dent or ransom payment at issue may con-                venting or mitigating, a serious threat to a           law requiring disclosure of information or
                                             stitute grounds for a regulatory enforcement            minor, including sexual exploitation and               records.
                                             action or criminal prosecution, the Attorney            threats to physical safety; or                           ‘‘(d) EX PARTE COMMUNICATIONS.—The sub-
                                             General or the appropriate Federal regu-                  ‘‘(E) the purpose of preventing, inves-              mission of a report to the Agency under sec-
                                             latory agency may use that information for              tigating, disrupting, or prosecuting an of-            tion 2232 shall not be subject to a rule of any
                                             a regulatory enforcement action or criminal             fense arising out of a cyber incident reported         Federal agency or department or any judi-
                                             prosecution.                                            pursuant to section 2232 or 2233 or any of the         cial doctrine regarding ex parte communica-
                                               ‘‘(2) APPLICATION TO CERTAIN ENTITIES AND             offenses listed in section 105(d)(5)(A)(v) of the      tions with a decision-making official.
                                             THIRD PARTIES.—A covered cyber incident or              Cybersecurity Act of 2015 (6 U.S.C.                      ‘‘(e) LIABILITY PROTECTIONS.—
                                             ransom payment report submitted to the                  1504(d)(5)(A)(v)).                                       ‘‘(1) IN GENERAL.—No cause of action shall
                                             Center by an entity that makes a ransom                   ‘‘(2) AGENCY ACTIONS AFTER RECEIPT.—                 lie or be maintained in any court by any per-
                                             payment or third party under section 2232                 ‘‘(A) RAPID, CONFIDENTIAL SHARING OF                 son or entity and any such action shall be
                                             shall not be used by any Federal, State,                CYBER THREAT INDICATORS.—Upon receiving a              promptly dismissed for the submission of a
                                             Tribal, or local government to investigate or           covered cyber incident or ransom payment               report pursuant to section 2232(a) that is sub-
                                             take another law enforcement action against             report submitted pursuant to this section,             mitted in conformance with this subtitle and
                                             the entity that makes a ransom payment or               the center shall immediately review the re-            the rule promulgated under section 2232(b),
                                             third party.                                            port to determine whether the incident that            except that this subsection shall not apply
                                               ‘‘(3) RULE OF CONSTRUCTION.—Nothing in                is the subject of the report is connected to           with regard to an action by the Federal Gov-
                                             this subtitle shall be construed to provide an          an ongoing cyber threat or security vulner-            ernment pursuant to section 2234(c)(2).
                                             entity that submits a covered cyber incident            ability and where applicable, use such report            ‘‘(2) SCOPE.—The liability protections pro-
                                             report or ransom payment report under sec-              to identify, develop, and rapidly disseminate          vided in subsection (e) shall only apply to or
                                             tion 2232 any immunity from law enforce-                to appropriate stakeholders actionable,                affect litigation that is solely based on the
                                             ment action for making a ransom payment                 anonymized cyber threat indicators and de-             submission of a covered cyber incident re-
                                             otherwise prohibited by law.                            fensive measures.                                      port or ransom payment report to the Center
                                               ‘‘(e) CONSIDERATIONS.—When determining                  ‘‘(B) STANDARDS FOR SHARING SECURITY                 or the Agency.
                                             whether to exercise the authorities provided            VULNERABILITIES.—With respect to informa-                ‘‘(3) RESTRICTIONS.—Notwithstanding para-
                                             under this section, the Director shall take             tion in a covered cyber incident or ransom             graph (2), no report submitted to the Agency
                                             into consideration—                                     payment report regarding a security vulner-            pursuant to this subtitle or any communica-




dlhill on DSK120RN23PROD with SENATE
                                               ‘‘(1) the size and complexity of the entity;          ability referred to in paragraph (1)(B)(ii), the       tion, document, material, or other record,
                                               ‘‘(2) the complexity in determining if a              Director shall develop principles that govern          created for the sole purpose of preparing,
                                             covered cyber incident has occurred; and                the timing and manner in which information             drafting, or submitting such report, may be
                                               ‘‘(3) prior interaction with the Agency or            relating to security vulnerabilities may be            received in evidence, subject to discovery, or
                                             awareness of the entity of the policies and             shared, consistent with common industry                otherwise used in any trial, hearing, or other
                                             procedures of the Agency for reporting cov-             best practices and United States and inter-            proceeding in or before any court, regulatory
                                             ered cyber incidents and ransom payments.               national standards.                                    body, or other authority of the United




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                                             S8256                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                             States, a State, or a political subdivision             (commonly known as the ‘‘Freedom of Infor-               (c) ENTITY NOTIFICATION.—
                                             thereof, provided that nothing in this sub-             mation Act’’).                                           (1) IDENTIFICATION.—If the Director is able
                                             title shall create a defense to discovery or              (b) CREATION OF COUNCIL.—Section 1752(c)             to identify the entity at risk that owns or
                                             otherwise affect the discovery of any com-              of the William M. (Mac) Thornberry National            operates a vulnerable information system
                                             munication, document, material, or other                Defense Authorization Act for Fiscal Year              identified in subsection (b), the Director may
                                             record not created for the sole purpose of              2021 (6 U.S.C. 1500(c)) is amended—                    notify the owner of the information system.
                                             preparing, drafting, or submitting such re-               (1) in paragraph (1)—                                  (2) NO IDENTIFICATION.—If the Director is
                                             port.                                                     (A) in subparagraph (G), by striking ‘‘and’’         not able to identify the entity at risk that
                                               ‘‘(f) SHARING WITH NON-FEDERAL ENTI-                  at the end;                                            owns or operates a vulnerable information
                                             TIES.—The Agency shall anonymize the vic-                 (B) by redesignating subparagraph (H) as             system identified in subsection (b), the Di-
                                             tim who reported the information when                   subparagraph (I); and                                  rector may utilize the subpoena authority
                                             making information provided in reports re-                (C) by inserting after subparagraph (G) the          pursuant to section 2209 of the Homeland Se-
                                             ceived under section 2232 available to critical         following:                                             curity Act of 2002 (6 U.S.C. 659) to identify
                                             infrastructure owners and operators and the               ‘‘(H) lead an intergovernmental Cyber Inci-          and notify the entity at risk pursuant to the
                                             general public.                                         dent Reporting Council, in coordination with           procedures within that section.
                                               ‘‘(g) PROPRIETARY INFORMATION.—Informa-               the Director of the Office of Management                 (3) REQUIRED INFORMATION.—A notification
                                             tion contained in a report submitted to the             and Budget, the Attorney General, and the              made under paragraph (1) shall include infor-
                                             Agency under section 2232 shall be consid-              Director of the Cybersecurity and Infrastruc-          mation on the identified security vulner-
                                             ered the commercial, financial, and propri-             ture Security Agency and in consultation               ability and mitigation techniques.
                                             etary information of the covered entity when            with Sector Risk Management Agencies (as                 (d) PRIORITIZATION OF NOTIFICATIONS.—To
                                             so designated by the covered entity.                    defined in section 2201 of the Homeland Secu-          the extent practicable, the Director shall
                                               ‘‘(h) STORED COMMUNICATIONS ACT.—Noth-                rity Act of 2002 (6 U.S.C. 651)) and other ap-         prioritize covered entities for identification
                                             ing in this subtitle shall be construed to per-         propriate Federal agencies, to coordinate,             and notification activities under the pilot
                                             mit or require disclosure by a provider of a            deconflict, and harmonize Federal incident             program established under this section.
                                             remote computing service or a provider of an            reporting requirements, including those                  (e) LIMITATION ON PROCEDURES.—No proce-
                                             electronic communication service to the                 issued through regulations, for covered enti-          dure, notification, or other authorities uti-
                                             public of information not otherwise per-                ties (as defined in section 2230 of such Act)          lized in the execution of the pilot program
                                             mitted or required to be disclosed under                and entities that make a ransom payment                established under subsection (a) shall require
                                             chapter 121 of title 18, United States Code             (as defined in such section 2201 (6 U.S.C.             an owner or operator of a vulnerable infor-
                                             (commonly known as the ‘Stored Commu-                   651)); and’’; and                                      mation system to take any action as a result
                                             nications Act’).’’.                                       (2) by adding at the end the following:              of a notice of a security vulnerability made
                                               (b) TECHNICAL AND CONFORMING AMEND-                     ‘‘(3) RULE OF CONSTRUCTION.—Nothing in               pursuant to subsection (c).
                                             MENT.—The table of contents in section 1(b)             paragraph (1)(H) shall be construed to pro-              (f) RULE OF CONSTRUCTION.—Nothing in this
                                             of the Homeland Security Act of 2002 (Public            vide any additional regulatory authority to            section shall be construed to provide addi-
                                             Law 107–296; 116 Stat. 2135) is amended by in-          any Federal entity.’’.                                 tional authorities to the Director to identify
                                             serting after the items relating to subtitle B            (c) HARMONIZING REPORTING REQUIRE-                   vulnerabilities or vulnerable systems.
                                                                                                     MENTS.—The National Cyber Director shall,                (g) TERMINATION.—The pilot program es-
                                             of title XXII the following:
                                                                                                     in consultation with the Director, the Attor-          tablished under subsection (a) shall termi-
                                                 ‘‘Subtitle C—Cyber Incident Reporting                                                                      nate on the date that is 4 years after the
                                                                                                     ney General, the Cyber Incident Reporting
                                             ‘‘Sec. 2230. Definitions.                               Council described in section 1752(c)(1)(H) of          date of enactment of this Act.
                                             ‘‘Sec. 2231. Cyber Incident Review.                     the William M. (Mac) Thornberry National               SEC. 5106. RANSOMWARE THREAT MITIGATION
                                             ‘‘Sec. 2232. Required reporting of certain              Defense Authorization Act for Fiscal Year                          ACTIVITIES.
                                                            cyber incidents.                         2021 (6 U.S.C. 1500(c)(1)(H)), and the Director          (a) JOINT RANSOMWARE TASK FORCE.—
                                             ‘‘Sec. 2233. Voluntary reporting of other               of the Office of Management and Budget, to               (1) IN GENERAL.—Not later than 180 days
                                                            cyber incidents.                         the maximum extent practicable—                        after the date of enactment of this Act, the
                                             ‘‘Sec. 2234. Noncompliance with required re-              (1) periodically review existing regulatory          National Cyber Director, in consultation
                                                            porting.                                 requirements, including the information re-            with the Attorney General and the Director
                                             ‘‘Sec. 2235. Information shared with or pro-            quired in such reports, to report cyber inci-          of the Federal Bureau of Investigation, shall
                                                            vided to the Federal Govern-             dents and ensure that any such reporting re-           establish and chair the Joint Ransomware
                                                            ment.’’.                                 quirements and procedures avoid conflicting,           Task Force to coordinate an ongoing nation-
                                             SEC. 5104. FEDERAL SHARING OF INCIDENT RE-              duplicative, or burdensome requirements;               wide campaign against ransomware attacks,
                                                         PORTS.                                                                                             and identify and pursue opportunities for
                                                                                                     and
                                               (a) CYBER INCIDENT REPORTING SHARING.—                  (2) coordinate with the Director, the Attor-         international cooperation.
                                               (1) IN GENERAL.—Notwithstanding any                   ney General, and regulatory authorities that             (2) COMPOSITION.—The Joint Ransomware
                                             other provision of law or regulation, any               receive reports relating to cyber incidents to         Task Force shall consist of participants from
                                             Federal agency, including any independent               identify opportunities to streamline report-           Federal agencies, as determined appropriate
                                             establishment (as defined in section 104 of             ing processes, and where feasible, facilitate          by the National Cyber Director in consulta-
                                             title 5, United States Code), that receives a           interagency agreements between such au-                tion with the Secretary of Homeland Secu-
                                             report from an entity of a cyber incident, in-          thorities to permit the sharing of such re-            rity.
                                             cluding a ransomware attack, shall provide              ports, consistent with applicable law and                (3)       RESPONSIBILITIES.—The         Joint
                                             the report to the Director as soon as pos-              policy, without impacting the ability of such          Ransomware Task Force, utilizing only ex-
                                             sible, but not later than 24 hours after re-            agencies to gain timely situational aware-             isting authorities of each participating agen-
                                             ceiving the report, unless a shorter period is          ness of a covered cyber incident or ransom             cy, shall coordinate across the Federal Gov-
                                             required by an agreement made between the               payment.                                               ernment the following activities:
                                             Cybersecurity Infrastructure Security Agen-             SEC. 5105. RANSOMWARE VULNERABILITY WARN-                (A) Prioritization of intelligence-driven op-
                                             cy and the recipient Federal agency. The Di-                        ING PILOT PROGRAM.                         erations to disrupt specific ransomware ac-
                                             rector shall share and coordinate each report             (a) PROGRAM.—Not later than 1 year after             tors.
                                             pursuant to section 2231(b) of the Homeland             the date of enactment of this Act, the Direc-            (B) Consult with relevant private sector,
                                             Security Act of 2002, as added by section 5103          tor shall establish a ransomware vulner-               State, local, Tribal, and territorial govern-
                                             of this title.                                          ability warning program to leverage existing           ments and international stakeholders to
                                               (2) RULE OF CONSTRUCTION.—The require-                authorities and technology to specifically             identify needs and establish mechanisms for
                                             ments described in paragraph (1) shall not be           develop processes and procedures for, and to           providing input into the Task Force.
                                             construed to be a violation of any provision            dedicate resources to, identifying informa-              (C) Identifying, in consultation with rel-
                                             of law or policy that would otherwise pro-              tion    systems     that    contain   security         evant entities, a list of highest threat
                                             hibit disclosure within the executive branch.           vulnerabilities associated with common                 ransomware entities updated on an ongoing
                                               (3) PROTECTION OF INFORMATION.—The Di-                ransomware attacks, and to notify the own-             basis, in order to facilitate—
                                             rector shall comply with any obligations of             ers of those vulnerable systems of their secu-           (i) prioritization for Federal action by ap-
                                             the recipient Federal agency described in               rity vulnerability.                                    propriate Federal agencies; and
                                             paragraph (1) to protect information, includ-             (b) IDENTIFICATION OF VULNERABLE SYS-                  (ii) identify metrics for success of said ac-
                                             ing with respect to privacy, confidentiality,           TEMS.—The pilot program established under              tions.
                                             or information security, if those obligations           subsection (a) shall—                                    (D) Disrupting ransomware criminal ac-




dlhill on DSK120RN23PROD with SENATE
                                             would impose greater protection require-                  (1) identify the most common security                tors, associated infrastructure, and their fi-
                                             ments than this title or the amendments                 vulnerabilities utilized in ransomware at-             nances.
                                             made by this title.                                     tacks and mitigation techniques; and                     (E) Facilitating coordination and collabo-
                                               (4) FOIA EXEMPTION.—Any report received                 (2) utilize existing authorities to identify         ration between Federal entities and relevant
                                             by the Director pursuant to paragraph (1)               Federal and other relevant information sys-            entities, including the private sector, to im-
                                             shall be exempt from disclosure under sec-              tems      that     contain     the    security         prove Federal actions against ransomware
                                             tion 552(b)(3) of title 5, United States Code           vulnerabilities identified in paragraph (1).           threats.




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8257
                                               (F) Collection, sharing, and analysis of              under this pilot by the Agency during the              TITLE LII—CISA TECHNICAL CORREC-
                                             ransomware trends to inform Federal ac-                 preceding year.                                         TIONS AND IMPROVEMENTS ACT OF 2021
                                             tions.                                                    (d) REPORT ON HARMONIZATION OF REPORT-               SEC. 5201. SHORT TITLE.
                                               (G) Creation of after-action reports and              ING REGULATIONS.—                                        This title may be cited as the ‘‘CISA Tech-
                                             other lessons learned from Federal actions                (1) IN GENERAL.—Not later than 180 days              nical Corrections and Improvements Act of
                                             that identify successes and failures to im-             after the date on which the National Cyber             2021’’.
                                             prove subsequent actions.                               Director convenes the Council described in             SEC. 5202. REDESIGNATIONS.
                                               (H) Any other activities determined appro-            section 1752(c)(1)(H) of the William M. (Mac)            (a) IN GENERAL.—Subtitle A of title XXII of
                                             priate by the task force to mitigate the                Thornberry National Defense Authorization              the Homeland Security Act of 2002 (6 U.S.C.
                                             threat of ransomware attacks against Fed-               Act for Fiscal Year 2021 (6 U.S.C.                     651 et seq.) is amended—
                                             eral and non-Federal entities.                          1500(c)(1)(H)), the National Cyber Director              (1) by redesignating section 2217 (6 U.S.C.
                                               (b) CLARIFYING PRIVATE SECTOR LAWFUL                  shall submit to the appropriate congres-               665f) as section 2220;
                                             DEFENSIVE MEASURES.—Not later than 180                  sional committees a report that includes—                (2) by redesignating section 2216 (6 U.S.C.
                                             days after the date of enactment of this Act,             (A) a list of duplicative Federal cyber inci-        665e) as section 2219;
                                             the National Cyber Director, in coordination            dent reporting requirements on covered enti-             (3) by redesignating the fourth section 2215
                                             with the Secretary of Homeland Security                 ties and entities that make a ransom pay-              (relating to Sector Risk Management Agen-
                                             and the Attorney General, shall submit to               ment;                                                  cies) (6 U.S.C. 665d) as section 2218;
                                             the Committee on Homeland Security and                    (B) a description of any challenges in har-            (4) by redesignating the third section 2215
                                             Governmental Affairs and the Committee on               monizing the duplicative reporting require-            (relating to the Cybersecurity State Coordi-
                                             the Judiciary of the Senate and the Com-                ments;                                                 nator) (6 U.S.C. 665c) as section 2217; and
                                             mittee on Homeland Security, the Com-                     (C) any actions the National Cyber Direc-              (5) by redesignating the second section 2215
                                             mittee on the Judiciary, and the Committee              tor intends to take to facilitate harmonizing          (relating to the Joint Cyber Planning Office)
                                             on Oversight and Reform of the House of                 the duplicative reporting requirements; and            (6 U.S.C. 665b) as section 2216.
                                             Representatives a report that describes de-               (D) any proposed legislative changes nec-              (b) TECHNICAL AND CONFORMING AMEND-
                                             fensive measures that private sector actors             essary to address the duplicative reporting.           MENTS.—Section 2202(c) of the Homeland Se-
                                             can take when countering ransomware at-                   (2) RULE OF CONSTRUCTION.—Nothing in                 curity Act of 2002 (6 U.S.C. 652(c)) is amend-
                                             tacks and what laws need to be clarified to             paragraph (1) shall be construed to provide            ed—
                                             enable that action.                                     any additional regulatory authority to any               (1) in paragraph (11), by striking ‘‘and’’ at
                                               (c) RULE OF CONSTRUCTION.—Nothing in                  Federal agency.                                        the end;
                                             this section shall be construed to provide                (e) GAO REPORTS.—                                      (2) in the first paragraph (12)—
                                             any additional authority to any Federal                   (1) IMPLEMENTATION OF THIS TITLE.—Not                  (A) by striking ‘‘section 2215’’ and insert-
                                             agency.                                                 later than 2 years after the date of enact-            ing ‘‘section 2217’’; and
                                                                                                     ment of this Act, the Comptroller General of             (B) by striking ‘‘and’’ at the end; and
                                             SEC. 5107. CONGRESSIONAL REPORTING.
                                                                                                     the United States shall submit to the Com-               (3) by redesignating the second and third
                                               (a) REPORT ON STAKEHOLDER ENGAGE-                     mittee on Homeland Security and Govern-                paragraphs (12) as paragraphs (13) and (14),
                                             MENT.—Not later than 30 days after the date
                                                                                                     mental Affairs of the Senate and the Com-              respectively.
                                             on which the Director issues the final rule             mittee on Homeland Security of the House of              (c) ADDITIONAL TECHNICAL AMENDMENT.—
                                             under section 2232(b) of the Homeland Secu-             Representatives a report on the implementa-              (1) AMENDMENT.—Section 904(b)(1) of the
                                             rity Act of 2002, as added by section 5103(b) of        tion of this title and the amendments made             DOTGOV Act of 2020 (title IX of division U of
                                             this title, the Director shall submit to the            by this title.                                         Public Law 116–260) is amended, in the mat-
                                             Committee on Homeland Security and Gov-                   (2) EXEMPTIONS TO REPORTING.—Not later               ter preceding subparagraph (A), by striking
                                             ernmental Affairs of the Senate and the                 than 1 year after the date on which the Di-            ‘‘Homeland Security Act’’ and inserting
                                             Committee on Homeland Security of the                   rector issues the final rule required under            ‘‘Homeland Security Act of 2002’’.
                                             House of Representatives a report that de-              section 2232(b) of the Homeland Security Act             (2) EFFECTIVE DATE.—The amendment
                                             scribes how the Director engaged stake-                 of 2002, as added by section 5103 of this title,       made by paragraph (1) shall take effect as if
                                             holders in the development of the final rule.           the Comptroller General of the United States           enacted as part of the DOTGOV Act of 2020
                                               (b)    REPORT      ON   OPPORTUNITIES      TO
                                                                                                     shall submit to the Committee on Homeland              (title IX of division U of Public Law 116–260).
                                             STRENGTHEN SECURITY RESEARCH.—Not later                 Security and Governmental Affairs of the               SEC. 5203. CONSOLIDATION OF DEFINITIONS.
                                             than 1 year after the date of enactment of              Senate and the Committee on Homeland Se-                 (a) IN GENERAL.—Title XXII of the Home-
                                             this Act, the Director shall submit to the              curity of the House of Representatives a re-           land Security Act of 2002 (6 U.S.C. 651) is
                                             Committee on Homeland Security and Gov-                 port on the exemptions to reporting under              amended by inserting before the subtitle A
                                             ernmental Affairs of the Senate and the                 paragraphs (2) and (5) of section 2232(a) of the       heading the following:
                                             Committee on Homeland Security of the                   Homeland Security Act of 2002, as added by             ‘‘SEC. 2200. DEFINITIONS.
                                             House of Representatives a report describing            section 5103 of this title, which shall in-              ‘‘Except as otherwise specifically provided,
                                             how the National Cybersecurity and Commu-               clude—                                                 in this title:
                                             nications Integration Center established                  (A) to the extent practicable, an evalua-              ‘‘(1) AGENCY.—The term ‘Agency’ means
                                             under section 2209 of the Homeland Security             tion of the quantity of incidents not reported         the Cybersecurity and Infrastructure Secu-
                                             Act of 2002 (6 U.S.C. 659) has carried out ac-          to the Federal Government;                             rity Agency.
                                             tivities under section 2231(a)(9) of the Home-            (B) an evaluation of the impact on im-                 ‘‘(2) AGENCY INFORMATION.—The term
                                             land Security Act of 2002, as added by section          pacted entities, homeland security, and the            ‘agency information’ means information col-
                                             5103(a) of this title, by proactively identi-           national economy of the ransomware crimi-              lected or maintained by or on behalf of an
                                             fying opportunities to use cyber incident               nal ecosystem of incidents and ransom pay-             agency.
                                             data to inform and enable cybersecurity re-             ments, including a discussion on the scope of            ‘‘(3) AGENCY INFORMATION SYSTEM.—The
                                             search within the academic and private sec-             impact of incidents that were not reported to          term ‘agency information system’ means an
                                             tor.                                                    the Federal Government;                                information system used or operated by an
                                               (c) REPORT ON RANSOMWARE VULNERABILITY                  (C) an evaluation of the burden, financial           agency or by another entity on behalf of an
                                             WARNING PILOT PROGRAM.—Not later than 1                 and otherwise, on entities required to report          agency.
                                             year after the date of enactment of this Act,           cyber incidents under this title, including an           ‘‘(4) APPROPRIATE CONGRESSIONAL COMMIT-
                                             and annually thereafter for the duration of             analysis of entities that meet the definition          TEES.—The term ‘appropriate congressional
                                             the pilot program established under section             of a small organization and would be exempt            committees’ means—
                                             5105, the Director shall submit to the Com-             from ransom payment reporting but not for                ‘‘(A) the Committee on Homeland Security
                                             mittee on Homeland Security and Govern-                 being a covered entity; and                            and Governmental Affairs of the Senate; and
                                             mental Affairs of the Senate and the Com-                 (D) a description of the consequences and              ‘‘(B) the Committee on Homeland Security
                                             mittee on Homeland Security of the House of             effects of the exemptions.                             of the House of Representatives.
                                             Representatives a report, which may include               (f) REPORT ON EFFECTIVENESS OF ENFORCE-                ‘‘(5) CLOUD SERVICE PROVIDER.—The term
                                             a classified annex, on the effectiveness of the         MENT MECHANISMS.—Not later than 1 year                 ‘cloud service provider’ means an entity of-
                                             pilot program, which shall include a discus-            after the date on which the Director issues            fering products or services related to cloud
                                             sion of the following:                                  the final rule required under section 2232(b)          computing, as defined by the National Insti-
                                               (1) The effectiveness of the notifications            of the Homeland Security Act of 2002, as               tutes of Standards and Technology in NIST
                                             under section 5105(c) in mitigating security            added by section 5103 of this title, the Direc-        Special Publication 800–145 and any amend-
                                             vulnerabilities     and     the    threat     of        tor shall submit to the Committee on Home-             atory or superseding document relating




dlhill on DSK120RN23PROD with SENATE
                                             ransomware.                                             land Security and Governmental Affairs of              thereto.
                                               (2) Identification of the most common                 the Senate and the Committee on Homeland                 ‘‘(6) CRITICAL INFRASTRUCTURE INFORMA-
                                             vulnerabilities utilized in ransomware.                 Security of the House of Representatives a             TION.—The term ‘critical infrastructure in-
                                               (3) The number of notifications issued dur-           report on the effectiveness of the enforce-            formation’ means information not custom-
                                             ing the preceding year.                                 ment mechanisms within section 2234 of the             arily in the public domain and related to the
                                               (4) To the extent practicable, the number             Homeland Security Act of 2002, as added by             security of critical infrastructure or pro-
                                             of vulnerable devices or systems mitigated              section 5103 of this title.                            tected systems, including—




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                                             S8258                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                               ‘‘(A) actual, potential, or threatened inter-         is stored on, processed by, or transiting an           (such as hosting), or in a third party data
                                             ference with, attack on, compromise of, or              information system.                                    center.
                                             incapacitation of critical infrastructure or              ‘‘(B) EXCLUSION.—The term ‘cybersecurity               ‘‘(18) MONITOR.—The term ‘monitor’ means
                                             protected systems by either physical or com-            threat’ does not include any action that sole-         to acquire, identify, or scan, or to possess,
                                             puter-based attack or other similar conduct             ly involves a violation of a consumer term of          information that is stored on, processed by,
                                             (including the misuse of or unauthorized ac-            service or a consumer licensing agreement.             or transiting an information system.
                                             cess to all types of communications and data              ‘‘(11) DEFENSIVE MEASURE.—                             ‘‘(19) NATIONAL CYBERSECURITY ASSET RE-
                                             transmission systems) that violates Federal,              ‘‘(A) IN GENERAL.—Except as provided in              SPONSE ACTIVITIES.—The term ‘national cy-
                                             State, or local law, harms interstate com-              subparagraph (B), the term ‘defensive meas-            bersecurity     asset    response    activities’
                                             merce of the United States, or threatens                ure’ means an action, device, procedure, sig-          means—
                                             public health or safety;                                nature, technique, or other measure applied              ‘‘(A) furnishing cybersecurity technical as-
                                               ‘‘(B) the ability of any critical infrastruc-         to an information system or information                sistance to entities affected by cybersecurity
                                             ture or protected system to resist such inter-          that is stored on, processed by, or transiting         risks     to    protect     assets,   mitigate
                                             ference, compromise, or incapacitation, in-             an information system that detects, pre-               vulnerabilities, and reduce impacts of cyber
                                             cluding any planned or past assessment, pro-            vents, or mitigates a known or suspected cy-           incidents;
                                             jection, or estimate of the vulnerability of            bersecurity threat or security vulnerability.            ‘‘(B) identifying other entities that may be
                                             critical infrastructure or a protected system,            ‘‘(B) EXCLUSION.—The term ‘defensive                 at risk of an incident and assessing risk to
                                             including security testing, risk evaluation             measure’ does not include a measure that de-           the same or similar vulnerabilities;
                                             thereto, risk management planning, or risk              stroys, renders unusable, provides unauthor-
                                                                                                                                                              ‘‘(C) assessing potential cybersecurity
                                             audit; or                                               ized access to, or substantially harms an in-
                                                                                                                                                            risks to a sector or region, including poten-
                                               ‘‘(C) any planned or past operational prob-           formation system or information stored on,
                                                                                                                                                            tial cascading effects, and developing courses
                                             lem or solution regarding critical infrastruc-          processed by, or transiting such information
                                                                                                                                                            of action to mitigate such risks;
                                             ture or protected systems, including repair,            system not owned by—
                                                                                                                                                              ‘‘(D) facilitating information sharing and
                                             recovery, reconstruction, insurance, or con-              ‘‘(i) the entity operating the measure; or
                                                                                                                                                            operational coordination with threat re-
                                             tinuity, to the extent it is related to such in-          ‘‘(ii) another entity or Federal entity that
                                                                                                                                                            sponse; and
                                             terference, compromise, or incapacitation.              is authorized to provide consent and has pro-
                                               ‘‘(7) CYBER THREAT INDICATOR.—The term                vided consent to that private entity for oper-           ‘‘(E) providing guidance on how best to uti-
                                             ‘cyber threat indicator’ means information              ation of such measure.                                 lize Federal resources and capabilities in a
                                             that is necessary to describe or identify—                ‘‘(12) HOMELAND SECURITY ENTERPRISE.—                timely, effective manner to speed recovery
                                               ‘‘(A) malicious reconnaissance, including             The term ‘Homeland Security Enterprise’                from cybersecurity risks.
                                             anomalous patterns of communications that               means relevant governmental and non-                     ‘‘(20) NATIONAL SECURITY SYSTEM.—The
                                             appear to be transmitted for the purpose of             governmental entities involved in homeland             term ‘national security system’ has the
                                             gathering technical information related to a            security, including Federal, State, local, and         meaning given the term in section 11103 of
                                             cybersecurity threat or security vulner-                Tribal government officials, private sector            title 40, United States Code.
                                             ability;                                                representatives, academics, and other policy             ‘‘(21) RANSOM PAYMENT.—The term ‘ransom
                                               ‘‘(B) a method of defeating a security con-           experts.                                               payment’ means the transmission of any
                                             trol or exploitation of a security vulner-                ‘‘(13) INCIDENT.—The term ‘incident’ means           money or other property or asset, including
                                             ability;                                                an occurrence that actually or imminently              virtual currency, or any portion thereof,
                                               ‘‘(C) a security vulnerability, including             jeopardizes, without lawful authority, the in-         which has at any time been delivered as ran-
                                             anomalous activity that appears to indicate             tegrity, confidentiality, or availability of in-       som in connection with a ransomware at-
                                             the existence of a security vulnerability;              formation on an information system, or ac-             tack.
                                               ‘‘(D) a method of causing a user with le-             tually or imminently jeopardizes, without                ‘‘(22) RANSOMWARE ATTACK.—The term
                                             gitimate access to an information system or             lawful authority, an information system.               ‘ransomware attack’—
                                             information that is stored on, processed by,              ‘‘(14) INFORMATION SHARING AND ANALYSIS                ‘‘(A) means a cyber incident that includes
                                             or transiting an information system to un-              ORGANIZATION.—The term ‘Information Shar-              the use or threat of use of unauthorized or
                                             wittingly enable the defeat of a security con-          ing and Analysis Organization’ means any               malicious code on an information system, or
                                             trol or exploitation of a security vulner-              formal or informal entity or collaboration             the use or threat of use of another digital
                                             ability;                                                created or employed by public or private sec-          mechanism such as a denial of service at-
                                               ‘‘(E) malicious cyber command and con-                tor organizations, for purposes of—                    tack, to interrupt or disrupt the operations
                                             trol;                                                     ‘‘(A) gathering and analyzing critical infra-        of an information system or compromise the
                                               ‘‘(F) the actual or potential harm caused             structure information, including informa-              confidentiality, availability, or integrity of
                                             by an incident, including a description of the          tion related to cybersecurity risks and inci-          electronic data stored on, processed by, or
                                             information exfiltrated as a result of a par-           dents, in order to better understand security          transiting an information system to extort a
                                             ticular cybersecurity threat;                           problems and interdependencies related to              demand for a ransom payment; and
                                               ‘‘(G) any other attribute of a cybersecurity          critical infrastructure, including cybersecu-            ‘‘(B) does not include any such event where
                                             threat, if disclosure of such attribute is not          rity risks and incidents, and protected sys-           the demand for payment is made by a Fed-
                                             otherwise prohibited by law; or                         tems, so as to ensure the availability, integ-         eral Government entity, good faith security
                                               ‘‘(H) any combination thereof.                        rity, and reliability thereof;                         research, or in response to an invitation by
                                               ‘‘(8) CYBERSECURITY PURPOSE.—The term                   ‘‘(B) communicating or disclosing critical           the owner or operator of the information
                                             ‘cybersecurity purpose’ means the purpose of            infrastructure information, including cyber-           system for third parties to identify
                                             protecting an information system or infor-              security risks and incidents, to help prevent,         vulnerabilities in the information system.
                                             mation that is stored on, processed by, or              detect, mitigate, or recover from the effects            ‘‘(23) SECTOR RISK MANAGEMENT AGENCY.—
                                             transiting an information system from a cy-             of a interference, compromise, or a incapaci-          The term ‘Sector Risk Management Agency’
                                             bersecurity threat or security vulnerability.           tation problem related to critical infrastruc-         means a Federal department or agency, des-
                                               ‘‘(9) CYBERSECURITY RISK.—The term ‘cy-               ture, including cybersecurity risks and inci-          ignated by law or Presidential directive,
                                             bersecurity risk’—                                      dents, or protected systems; and                       with responsibility for providing institu-
                                               ‘‘(A) means threats to and vulnerabilities              ‘‘(C) voluntarily disseminating critical in-         tional knowledge and specialized expertise of
                                             of information or information systems and               frastructure information, including cyberse-           a sector, as well as leading, facilitating, or
                                             any related consequences caused by or re-               curity risks and incidents, to its members,            supporting programs and associated activi-
                                             sulting from unauthorized access, use, dis-             State, local, and Federal Governments, or              ties of its designated critical infrastructure
                                             closure, degradation, disruption, modifica-             any other entities that may be of assistance           sector in the all hazards environment in co-
                                             tion, or destruction of such information or             in carrying out the purposes specified in sub-         ordination with the Department.
                                             information systems, including such related             paragraphs (A) and (B).                                  ‘‘(24) SECURITY CONTROL.—The term ‘secu-
                                             consequences caused by an act of terrorism;               ‘‘(15) INFORMATION SYSTEM.—The term ‘in-             rity control’ means the management, oper-
                                             and                                                     formation system’ has the meaning given the            ational, and technical controls used to pro-
                                               ‘‘(B) does not include any action that sole-          term in section 3502 of title 44, United States        tect against an unauthorized effort to ad-
                                             ly involves a violation of a consumer term of           Code.                                                  versely affect the confidentiality, integrity,
                                             service or a consumer licensing agreement.                ‘‘(16) INTELLIGENCE COMMUNITY.—The term              and availability of an information system or
                                               ‘‘(10) CYBERSECURITY THREAT.—                         ‘intelligence community’ has the meaning               its information.
                                               ‘‘(A) IN GENERAL.—Except as provided in               given the term in section 3(4) of the National           ‘‘(25) SECURITY VULNERABILITY.—The term
                                             subparagraph (B), the term ‘cybersecurity               Security Act of 1947 (50 U.S.C. 3003(4)).              ‘security vulnerability’ means any attribute




dlhill on DSK120RN23PROD with SENATE
                                             threat’ means an action, not protected by                 ‘‘(17) MANAGED SERVICE PROVIDER.—The                 of hardware, software, process, or procedure
                                             the First Amendment to the Constitution of              term ‘managed service provider’ means an               that could enable or facilitate the defeat of
                                             the United States, on or through an informa-            entity that delivers services, such as net-            a security control.
                                             tion system that may result in an unauthor-             work, application, infrastructure, or security           ‘‘(26) SHARING.—The term ‘sharing’ (includ-
                                             ized effort to adversely impact the security,           services, via ongoing and regular support and          ing all conjugations thereof) means pro-
                                             availability, confidentiality, or integrity of          active administration on the premises of a             viding, receiving, and disseminating (includ-
                                             an information system or information that               customer, in the data center of the entity             ing all conjugations of each such terms).




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                       S8259
                                               ‘‘(27) SUPPLY CHAIN COMPROMISE.—The term                (D) in subsection (c), as so redesignated, by          ‘‘(4) CYBERSECURITY PURPOSE.—The term
                                             ‘supply chain compromise’ means a cyber in-             striking ‘‘subsection (c)’’ and inserting ‘‘sub-       ‘cybersecurity purpose’ has the meaning
                                             cident within the supply chain of an infor-             section (b)’’;                                         given the term in section 2200 of the Home-
                                             mation system that an adversary can lever-                (7) in section 2211, by striking subsection          land Security Act of 2002.
                                             age to jeopardize the confidentiality, integ-           (h);                                                     ‘‘(5) CYBERSECURITY THREAT.—The term
                                             rity, or availability of the information tech-            (8) in section 2212, by striking ‘‘informa-          ‘cybersecurity threat’ has the meaning given
                                             nology system or the information the system             tion sharing and analysis organizations (as            the term in section 2200 of the Homeland Se-
                                             processes, stores, or transmits, and can                defined in section 2222(5))’’ and inserting ‘‘In-      curity Act of 2002.
                                             occur at any point during the life cycle.               formation Sharing and Analysis Organiza-                 ‘‘(6) CYBER THREAT INDICATOR.—The term
                                               ‘‘(28) VIRTUAL CURRENCY.—The term ‘vir-               tions’’;                                               ‘cyber threat indicator’ has the meaning
                                             tual currency’ means the digital representa-              (9) in section 2213—                                 given the term in section 2200 of the Home-
                                             tion of value that functions as a medium of               (A) by striking subsection (a);                      land Security Act of 2002.
                                             exchange, a unit of account, or a store of                (B) by redesignating subsections (b)                   ‘‘(7) DEFENSIVE MEASURE.—The term ‘defen-
                                             value.                                                  through (f) as subsections (a) through (e); re-        sive measure’ has the meaning given the
                                               ‘‘(29) VIRTUAL CURRENCY ADDRESS.—The                  spectively;                                            term in section 2200 of the Homeland Secu-
                                             term ‘virtual currency address’ means a                   (C) in subsection (b), as so redesignated, by        rity Act of 2002.’’;
                                             unique public cryptographic key identifying             striking ‘‘subsection (b)’’ each place it ap-            (2) by striking paragraph (13) and inserting
                                             the location to which a virtual currency pay-           pears and inserting ‘‘subsection (a)’’;                the following:
                                             ment can be made.’’.                                      (D) in subsection (c), as so redesignated, in          ‘‘(13) MONITOR.— The term ‘monitor’ has
                                               (b) TECHNICAL AND CONFORMING AMEND-                   the matter preceding paragraph (1), by strik-          the meaning given the term in section 2200 of
                                             MENTS.—The Homeland Security Act of 2002                ing ‘‘subsection (b)’’ and inserting ‘‘sub-            the Homeland Security Act of 2002.’’; and
                                             (6 U.S.C. 101 et seq.) is amended—                      section (a)’’; and                                       (3) by striking paragraphs (16) and (17) and
                                               (1) by amending section 2201 to read as fol-            (E) in subsection (d), as so redesignated—           inserting the following:
                                             lows:                                                     (i) in paragraph (1)—                                  ‘‘(16) SECURITY CONTROL.—The term ‘secu-
                                             ‘‘SEC. 2201. DEFINITION.                                  (I) in the matter preceding subparagraph             rity control’ has the meaning given the term
                                                ‘‘In this subtitle, the term ‘Cybersecurity          (A), by striking ‘‘subsection (c)(2)’’ and in-         in section 2200 of the Homeland Security Act
                                             Advisory Committee’ means the advisory                  serting ‘‘subsection (b)(2)’’;                         of 2002.
                                             committee        established     under    section         (II) in subparagraph (A), by striking ‘‘sub-           ‘‘(17) SECURITY VULNERABILITY.—The term
                                             2219(a).’’;                                             section (c)(1)’’ and inserting ‘‘subsection            ‘security vulnerability’ has the meaning
                                                (2) in section 2202—                                 (b)(1)’’; and                                          given the term in section 2200 of the Home-
                                                (A) in subsection (a)(1), by striking ‘‘(in            (III) in subparagraph (B), by striking ‘‘sub-        land Security Act of 2002.’’.
                                             this subtitle referred to as the Agency)’’;             section (c)(2)’’ and inserting ‘‘subsection            SEC. 5204. ADDITIONAL TECHNICAL AND CON-
                                                (B) in subsection (f)—                               (b)(2)’’; and                                                      FORMING AMENDMENTS.
                                                (i) in paragraph (1), by inserting ‘‘Execu-            (ii) in paragraph (2), by striking ‘‘sub-               (a) FEDERAL CYBERSECURITY ENHANCEMENT
                                             tive’’ before ‘‘Assistant Director’’; and               section (c)(2)’’ and inserting ‘‘subsection            ACT OF 2015.—The Federal Cybersecurity En-
                                                (ii) in paragraph (2), by inserting ‘‘Execu-         (b)(2)’’;                                              hancement Act of 2015 (6 U.S.C. 1521 et seq.)
                                             tive’’ before ‘‘Assistant Director’’;                     (10) in section 2216, as so redesignated—            is amended—
                                                (3) in section 2203(a)(2), by striking ‘‘as the        (A) in subsection (d)(2), by striking ‘‘infor-          (1) in section 222 (6 U.S.C. 1521)—
                                             ‘Assistant Director’ ’’ and inserting ‘‘as the          mation sharing and analysis organizations’’               (A) in paragraph (2), by striking ‘‘section
                                             ‘Executive Assistant Director’ ’’;                      and inserting ‘‘Information Sharing and                2210’’ and inserting ‘‘section 2200’’; and
                                                (4) in section 2204(a)(2), by striking ‘‘as the      Analysis Organizations’’; and                             (B) in paragraph (4), by striking ‘‘section
                                             ‘Assistant Director’ ’’ and inserting ‘‘as the            (B) by striking subsection (f) and inserting         2209’’ and inserting ‘‘section 2200’’;
                                             ‘Executive Assistant Director’ ’’;                      the following:                                            (2) in section 223(b) (6 U.S.C. 151 note), by
                                                                                                       ‘‘(f) CYBER DEFENSE OPERATION DEFINED.—              striking ‘‘section 2213(b)(1)’’ each place it ap-
                                                (5) in section 2209—
                                                                                                     In this section, the term ‘cyber defense oper-         pears and inserting ‘‘section 2213(a)(1)’’;
                                                (A) by striking subsection (a);
                                                                                                     ation’ means the use of a defensive meas-
                                                (B) by redesignating subsections (b)                                                                           (3) in section 226 (6 U.S.C. 1524)—
                                                                                                     ure.’’;
                                             through (o) as subsections (a) through (n),                                                                       (A) in subsection (a)—
                                                                                                       (11) in section 2218(c)(4)(A), as so redesig-
                                             respectively;                                                                                                     (i) in paragraph (1), by striking ‘‘section
                                                                                                     nated, by striking ‘‘information sharing and
                                                (C) in subsection (c)(1)—                                                                                   2213’’ and inserting ‘‘section 2200’’;
                                                                                                     analysis organizations’’ and inserting ‘‘Infor-
                                                (i) in subparagraph (A)(iii), as so redesig-                                                                   (ii) in paragraph (2), by striking ‘‘section
                                                                                                     mation Sharing and Analysis Organiza-
                                             nated, by striking ‘‘, as that term is defined                                                                 102’’ and inserting ‘‘section 2200 of the Home-
                                                                                                     tions’’; and
                                             under section 3(4) of the National Security                                                                    land Security Act of 2002’’;
                                                                                                       (12) in section 2222—
                                             Act of 1947 (50 U.S.C. 3003(4))’’; and                                                                            (iii) in paragraph (4), by striking ‘‘section
                                                                                                       (A) by striking paragraphs (3), (5), and (8);
                                                (ii) in subparagraph (B)(ii), by striking ‘‘in-                                                             2210(b)(1)’’ and inserting ‘‘section 2210(a)(1)’’;
                                                                                                       (B) by redesignating paragraph (4) as para-
                                             formation sharing and analysis organiza-                                                                       and
                                                                                                     graph (3); and
                                             tions’’ and inserting ‘‘Information Sharing                                                                       (iv) in paragraph (5), by striking ‘‘section
                                                                                                       (C) by redesignating paragraphs (6) and (7)
                                             and Analysis Organizations’’;                                                                                  2213(b)’’ and inserting ‘‘section 2213(a)’’; and
                                                                                                     as paragraphs (4) and (5), respectively.
                                                (D) in subsection (d), as so redesignated—             (c) TABLE OF CONTENTS AMENDMENTS.—The                   (B) in subsection (c)(1)(A)(vi), by striking
                                                (i) in the matter preceding paragraph (1),           table of contents in section 1(b) of the Home-         ‘‘section 2213(c)(5)’’ and inserting ‘‘section
                                             by striking ‘‘subsection (c)’’ and inserting            land Security Act of 2002 (Public Law 107–296;         2213(b)(5)’’; and
                                             ‘‘subsection (b)’’; and                                 116 Stat. 2135) is amended—                               (4) in section 227(b) (6 U.S.C. 1525(b)), by
                                                (ii) in paragraph (1)(E)(ii)(II), by striking          (1) by inserting before the item relating to         striking ‘‘section 2213(d)(2)’’ and inserting
                                             ‘‘information sharing and analysis organiza-            subtitle A of title XXII the following:                ‘‘section 2213(c)(2)’’.
                                             tions’’ and inserting ‘‘Information Sharing                                                                       (b) PUBLIC HEALTH SERVICE ACT.—Section
                                                                                                     ‘‘Sec. 2200. Definitions.’’;
                                             and Analysis Organizations’’;                                                                                  2811(b)(4)(D) of the Public Health Service Act
                                                                                                       (2) by striking the item relating to section
                                                (E) in subsection (j), as so redesignated, by                                                               (42 U.S.C. 300hh–10(b)(4)(D)) is amended by
                                                                                                     2201 and inserting the following:
                                             striking ‘‘subsection (c)(8)’’ and inserting                                                                   striking ‘‘section 228(c) of the Homeland Se-
                                             ‘‘subsection (b)(8)’’; and                              ‘‘Sec. 2201. Definition.’’; and                        curity Act of 2002 (6 U.S.C. 149(c))’’ and in-
                                                (F) in subsection (n), as so redesignated—             (3) by striking the item relating to section         serting ‘‘section 2210(b) of the Homeland Se-
                                                (i) in paragraph (2)(A), by striking ‘‘sub-          2214 and all that follows through the item re-         curity Act of 2002 (6 U.S.C. 660(b))’’.
                                             section (c)(12)’’ and inserting ‘‘subsection            lating to section 2217 and inserting the fol-             (c) WILLIAM M. (MAC) THORNBERRY NA-
                                             (b)(12)’’; and                                          lowing:                                                TIONAL DEFENSE AUTHORIZATION ACT OF FIS-
                                                (ii) in paragraph (3)(B)(i), by striking ‘‘sub-      ‘‘Sec. 2214. National Asset Database.                  CAL YEAR 2021.—Section 9002 of the William
                                             section (c)(12)’’ and inserting ‘‘subsection            ‘‘Sec. 2215. Duties and authorities relating           M. (Mac) Thornberry National Defense Au-
                                             (b)(12)’’;                                                             to .gov internet domain.                thorization Act for Fiscal Year 2021 (6 U.S.C.
                                                                                                     ‘‘Sec. 2216. Joint Cyber Planning Office.
                                                (6) in section 2210—                                                                                        652a) is amended—
                                                                                                     ‘‘Sec. 2217. Cybersecurity State Coordinator.
                                                (A) by striking subsection (a);                      ‘‘Sec. 2218. Sector Risk Management Agen-                 (1) in subsection (a)—
                                                (B) by redesignating subsections (b)                                cies.                                      (A) in paragraph (5), by striking ‘‘section
                                             through (d) as subsections (a) through (c), re-         ‘‘Sec. 2219. Cybersecurity Advisory Com-               2222(5) of the Homeland Security Act of 2002
                                             spectively;                                                            mittee.                                 (6 U.S.C. 671(5))’’ and inserting ‘‘section 2200




dlhill on DSK120RN23PROD with SENATE
                                                (C) in subsection (b), as so redesignated—           ‘‘Sec. 2220. Cybersecurity      Education    and       of the Homeland Security Act of 2002’’; and
                                                (i) by striking ‘‘information sharing and                           Training Programs.’’.                      (B) by amending paragraph (7) to read as
                                             analysis organizations (as defined in section             (d) CYBERSECURITY ACT OF 2015 DEFINI-                follows:
                                             2222(5))’’ and inserting ‘‘Information Sharing          TIONS.—Section 102 of the Cybersecurity Act               ‘‘(7) SECTOR RISK MANAGEMENT AGENCY.—
                                             and Analysis Organizations’’; and                       of 2015 (6 U.S.C. 1501) is amended—                    The term ‘Sector Risk Management Agency’
                                                (ii) by striking ‘‘(as defined in section              (1) by striking paragraphs (4) through (7)           has the meaning given the term in section
                                             2209)’’; and                                            and inserting the following:                           2200 of the Homeland Security Act of 2002.’’;




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                                             S8260                                             CONGRESSIONAL RECORD — SENATE                                                     November 16, 2021
                                                (2) in subsection (c)(3)(B), by striking ‘‘sec-      section 3552(b) of title 44, United States                ‘‘(7) The term ‘high value asset’ means in-
                                             tion 2201(5)’’ and inserting ‘‘section 2200’’;          Code, as amended by this division.                     formation or an information system that the
                                             and                                                       (8) THREAT HUNTING.—The term ‘‘threat                head of an agency determines so critical to
                                                (3) in subsection (d)—                               hunting’’ means proactively and iteratively            the agency that the loss or corruption of the
                                                (A) by striking ‘‘section 2215’’ and insert-         searching for threats to systems that evade            information or the loss of access to the infor-
                                             ing ‘‘section 2218’’; and                               detection by automated threat detection sys-           mation system would have a serious impact
                                                (B) by striking ‘‘, as added by this sec-            tems.                                                  on the ability of the agency to perform the
                                             tion’’.                                                        TITLE LI—UPDATES TO FISMA                       mission of the agency or conduct business.
                                                (d) NATIONAL SECURITY ACT OF 1947.—Sec-                                                                        ‘‘(8) The term ‘major incident’ has the
                                                                                                     SEC. 5121. TITLE 44 AMENDMENTS.
                                             tion 113B of the National Security Act of 1947                                                                 meaning given the term in guidance issued
                                                                                                       (a) SUBCHAPTER I AMENDMENTS.—Sub-
                                             (50 U.S.C. 3049a(b)(4)) is amended by striking                                                                 by the Director under section 3598(a).’’;
                                                                                                     chapter I of chapter 35 of title 44, United
                                             ‘‘section 226 of the Homeland Security Act of                                                                     (D) by inserting after paragraph (9), as so
                                                                                                     States Code, is amended—
                                             2002 (6 U.S.C. 147)’’ and inserting ‘‘section                                                                  redesignated, the following:
                                                                                                        (1) in section 3504—
                                             2208 of the Homeland Security Act of 2002 (6                                                                      ‘‘(10) The term ‘penetration test’ means a
                                             U.S.C. 658)’’.                                             (A) in subsection (a)(1)(B)—                        specialized type of assessment that—
                                                (e) IOT CYBERSECURITY IMPROVEMENT ACT                   (i) by striking clause (v) and inserting the           ‘‘(A) is conducted on an information sys-
                                             OF 2020.—Section 5(b)(3) of the IoT Cyberse-            following:                                             tem or a component of an information sys-
                                             curity Improvement Act of 2020 (15 U.S.C.                  ‘‘(v) confidentiality, privacy, disclosure,         tem; and
                                             278g–3c) is amended by striking ‘‘section               and sharing of information;’’;                            ‘‘(B) emulates an attack or other exploi-
                                             2209(m) of the Homeland Security Act of 2002               (ii) by redesignating clause (vi) as clause         tation capability of a potential adversary,
                                             (6 U.S.C. 659(m))’’ and inserting ‘‘section             (vii); and                                             typically under specific constraints, in order
                                             2209(l) of the Homeland Security Act of 2002               (iii) by inserting after clause (v) the fol-        to identify any vulnerabilities of an informa-
                                             (6 U.S.C. 659(l))’’.                                    lowing:                                                tion system or a component of an informa-
                                                (f)    SMALL      BUSINESS      ACT.—Section            ‘‘(vi) in consultation with the National            tion system that could be exploited.’’; and
                                             21(a)(8)(B) of the Small Business Act (15               Cyber Director and the Director of the Cy-                (E) by inserting after paragraph (11), as so
                                             U.S.C. 648(a)(8)(B)) is amended by striking             bersecurity and Infrastructure Security                redesignated, the following:
                                             ‘‘section 2209(a)’’ and inserting ‘‘section             Agency, security of information; and’’; and               ‘‘(12) The term ‘shared service’ means a
                                             2200’’.                                                    (B) in subsection (g), by striking paragraph        centralized business or mission capability
                                                (g) TITLE 46.—Section 70101(2) of title 46,          (1) and inserting the following:                       that is provided to multiple organizations
                                             United States Code, is amended by striking                 ‘‘(1) develop, and in consultation with the         within an agency or to multiple agencies.’’.
                                             ‘‘section 227 of the Homeland Security Act of           Director of the Cybersecurity and Infrastruc-             (2) CONFORMING AMENDMENTS.—
                                             2002 (6 U.S.C. 148)’’ and inserting ‘‘section           ture Security Agency and the National                     (A) HOMELAND SECURITY ACT OF 2002.—Sec-
                                             2200 of the Homeland Security Act of 2002’’.            Cyber Director, oversee the implementation             tion 1001(c)(1)(A) of the Homeland Security
                                                                   ---                               of policies, principles, standards, and guide-         Act of 2002 (6 U.S.C. 511(1)(A)) is amended by
                                               SA 4674. Mr. PETERS (for himself                      lines on privacy, confidentiality, security,           striking ‘‘section 3552(b)(5)’’ and inserting
                                             and Mr. PORTMAN) submitted an                           disclosure and sharing of information col-             ‘‘section 3552(b)’’.
                                             amendment intended to be proposed to                    lected or maintained by or for agencies;                  (B) TITLE 10.—
                                             amendment SA 3867 submitted by Mr.                      and’’;                                                    (i) SECTION 2222.—Section 2222(i)(8) of title
                                             REED and intended to be proposed to                        (2) in section 3505—                                10, United States Code, is amended by strik-
                                             the bill H.R. 4350, to authorize appro-                    (A) in paragraph (3) of the first subsection        ing ‘‘section 3552(b)(6)(A)’’ and inserting
                                                                                                     designated as subsection (c)—                          ‘‘section 3552(b)(9)(A)’’.
                                             priations for fiscal year 2022 for mili-
                                                                                                        (i) in subparagraph (B)—                               (ii) SECTION 2223.—Section 2223(c)(3) of title
                                             tary activities of the Department of                       (I) by inserting ‘‘the Director of the Cyber-       10, United States Code, is amended by strik-
                                             Defense, for military construction, and                 security and Infrastructure Security Agency,           ing ‘‘section 3552(b)(6)’’ and inserting ‘‘sec-
                                             for defense activities of the Depart-                   the National Cyber Director, and’’ before              tion 3552(b)’’.
                                             ment of Energy, to prescribe military                   ‘‘the Comptroller General’’; and                          (iii) SECTION 2315.—Section 2315 of title 10,
                                             personnel strengths for such fiscal                        (II) by striking ‘‘and’’ at the end;                United States Code, is amended by striking
                                             year, and for other purposes; which was                    (ii) in subparagraph (C)(v), by striking the        ‘‘section 3552(b)(6)’’ and inserting ‘‘section
                                             ordered to lie on the table; as follows:                period at the end and inserting ‘‘; and’’; and         3552(b)’’.
                                                                                                        (iii) by adding at the end the following:              (iv) SECTION 2339A.—Section 2339a(e)(5) of
                                               At the end, add the following:
                                                                                                        ‘‘(D) maintained on a continual basis               title 10, United States Code, is amended by
                                               DIVISION E—FEDERAL INFORMATION                        through the use of automation, machine-                striking ‘‘section 3552(b)(6)’’ and inserting
                                              SECURITY MODERNIZATION ACT OF 2021                     readable data, and scanning.’’; and                    ‘‘section 3552(b)’’.
                                             SEC. 5101. SHORT TITLE.                                    (B) by striking the second subsection des-             (C) HIGH-PERFORMANCE COMPUTING ACT OF
                                               This division may be cited as the ‘‘Federal           ignated as subsection (c);                             1991.—Section 207(a) of the High-Performance
                                             Information Security Modernization Act of                  (3) in section 3506—                                Computing Act of 1991 (15 U.S.C. 5527(a)) is
                                             2021’’.                                                    (A) in subsection (b)(1)(C), by inserting ‘‘,       amended          by        striking       ‘‘section
                                             SEC. 5102. DEFINITIONS.                                 availability’’ after ‘‘integrity’’; and                3552(b)(6)(A)(i)’’   and     inserting    ‘‘section
                                                In this division, unless otherwise specified:           (B) in subsection (h)(3), by inserting ‘‘secu-      3552(b)(9)(A)(i)’’.
                                                (1) ADDITIONAL CYBERSECURITY PROCE-                  rity,’’ after ‘‘efficiency,’’; and                        (D) INTERNET OF THINGS CYBERSECURITY IM-
                                             DURE.—The term ‘‘additional cybersecurity                  (4) in section 3513—                                PROVEMENT ACT OF 2020.—Section 3(5) of the
                                             procedure’’ has the meaning given the term                 (A) by redesignating subsection (c) as sub-         Internet of Things Cybersecurity Improve-
                                             in section 3552(b) of title 44, United States           section (d); and                                       ment Act of 2020 (15 U.S.C. 278g–3a) is amend-
                                             Code, as amended by this division.                         (B) by inserting after subsection (b) the           ed by striking ‘‘section 3552(b)(6)’’ and insert-
                                                (2) AGENCY.—The term ‘‘agency’’ has the              following:                                             ing ‘‘section 3552(b)’’.
                                             meaning given the term in section 3502 of                  ‘‘(c) Each agency providing a written plan             (E) NATIONAL DEFENSE AUTHORIZATION ACT
                                             title 44, United States Code.                           under subsection (b) shall provide any por-            FOR FISCAL YEAR 2013.—Section 933(e)(1)(B) of
                                                (3) APPROPRIATE CONGRESSIONAL COMMIT-                tion of the written plan addressing informa-           the National Defense Authorization Act for
                                             TEES.—The term ‘‘appropriate congressional              tion security or cybersecurity to the Direc-           Fiscal Year 2013 (10 U.S.C. 2224 note) is
                                             committees’’ means—                                     tor of the Cybersecurity and Infrastructure            amended by striking ‘‘section 3542(b)(2)’’ and
                                                (A) the Committee on Homeland Security               Security Agency.’’.                                    inserting ‘‘section 3552(b)’’.
                                             and Governmental Affairs of the Senate;                    (b) SUBCHAPTER II DEFINITIONS.—                        (F) IKE SKELTON NATIONAL DEFENSE AUTHOR-
                                                (B) the Committee on Oversight and Re-                  (1) IN GENERAL.—Section 3552(b) of title 44,        IZATION ACT FOR FISCAL YEAR 2011.—The Ike
                                             form of the House of Representatives; and               United States Code, is amended—                        Skelton National Defense Authorization Act
                                                (C) the Committee on Homeland Security                  (A) by redesignating paragraphs (1), (2), (3),      for Fiscal Year 2011 (Public Law 111–383) is
                                             of the House of Representatives.                        (4), (5), (6), and (7) as paragraphs (2), (3), (4),    amended—
                                                (4) DIRECTOR.—The term ‘‘Director’’ means            (5), (6), (9), and (11), respectively;                    (i) in section 806(e)(5) (10 U.S.C. 2304 note),
                                             the Director of the Office of Management                   (B) by inserting before paragraph (2), as so        by striking ‘‘section 3542(b)’’ and inserting
                                             and Budget.                                             redesignated, the following:                           ‘‘section 3552(b)’’;
                                                (5) INCIDENT.—The term ‘‘incident’’ has the             ‘‘(1) The term ‘additional cybersecurity               (ii) in section 931(b)(3) (10 U.S.C. 2223 note),
                                             meaning given the term in section 3552(b) of            procedure’ means a process, procedure, or              by striking ‘‘section 3542(b)(2)’’ and inserting




dlhill on DSK120RN23PROD with SENATE
                                             title 44, United States Code.                           other activity that is established in excess of        ‘‘section 3552(b)’’; and
                                                (6) NATIONAL SECURITY SYSTEM.—The term               the information security standards promul-                (iii) in section 932(b)(2) (10 U.S.C. 2224
                                             ‘‘national security system’’ has the meaning            gated under section 11331(b) of title 40 to in-        note), by striking ‘‘section 3542(b)(2)’’ and in-
                                             given the term in section 3552(b) of title 44,          crease the security and reduce the cyberse-            serting ‘‘section 3552(b)’’.
                                             United States Code.                                     curity risk of agency systems.’’;                         (G) E-GOVERNMENT ACT OF 2002.—Section
                                                (7) PENETRATION TEST.—The term ‘‘penetra-               (C) by inserting after paragraph (6), as so         301(c)(1)(A) of the E-Government Act of 2002
                                             tion test’’ has the meaning given the term in           redesignated, the following:                           (44 U.S.C. 3501 note) is amended by striking




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                      S8261
                                             ‘‘section 3542(b)(2)’’ and inserting ‘‘section             (v) in paragraph (8), by striking ‘‘the Sec-          (A) in subsection (a)—
                                             3552(b)’’.                                              retary’s discretion’’ and inserting ‘‘the Di-            (i) in paragraph (1)—
                                                (H) NATIONAL INSTITUTE OF STANDARDS AND              rector of the Cybersecurity and Infrastruc-              (I) by redesignating subparagraphs (A), (B),
                                             TECHNOLOGY ACT.—Section 20 of the National              ture Security Agency’s discretion’’; and               and (C) as subparagraphs (B), (C), and (D), re-
                                             Institute of Standards and Technology Act                  (vi) in paragraph (9), by striking ‘‘as the         spectively;
                                             (15 U.S.C. 278g–3) is amended—                          Director or the Secretary, in consultation               (II) by inserting before subparagraph (B),
                                                (i) in subsection (a)(2), by striking ‘‘section      with the Director,’’ and inserting ‘‘as the Di-        as so redesignated, the following:
                                             3552(b)(5)’’ and inserting ‘‘section 3552(b)’’;         rector of the Cybersecurity and Infrastruc-              ‘‘(A) on an ongoing and continuous basis,
                                             and                                                     ture Security Agency’’;                                performing agency system risk assessments
                                                (ii) in subsection (f)—                                 (D) in subsection (c)—                              that—
                                                (I) in paragraph (3), by striking ‘‘section             (i) in the matter preceding paragraph (1),            ‘‘(i) identify and document the high value
                                             3532(1)’’ and inserting ‘‘section 3552(b)’’; and        by striking ‘‘each year’’ and inserting ‘‘each         assets of the agency using guidance from the
                                                (II) in paragraph (5), by striking ‘‘section         year during which agencies are required to             Director;
                                             3532(b)(2)’’ and inserting ‘‘section 3552(b)’’.         submit reports under section 3554(c)’’;                  ‘‘(ii) evaluate the data assets inventoried
                                                (c) SUBCHAPTER II AMENDMENTS.—Sub-                      (ii) by striking paragraph (1);                     under section 3511 for sensitivity to com-
                                             chapter II of chapter 35 of title 44, United               (iii) by redesignating paragraphs (2), (3),         promises in confidentiality, integrity, and
                                             States Code, is amended—                                and (4) as paragraphs (1), (2), and (3), respec-       availability;
                                                (1) in section 3551—                                 tively;                                                  ‘‘(iii) identify agency systems that have
                                                (A) in paragraph (4), by striking ‘‘diagnose            (iv) in paragraph (3), as so redesignated, by       access to or hold the data assets inventoried
                                             and improve’’ and inserting ‘‘integrate, de-            striking ‘‘and’’ at the end;                           under section 3511;
                                             liver, diagnose, and improve’’;                            (v) by inserting after paragraph (3), as so           ‘‘(iv) evaluate the threats facing agency
                                                (B) in paragraph (5), by striking ‘‘and’’ at         redesignated the following:                            systems and data, including high value as-
                                             the end;                                                   ‘‘(4) a summary of each assessment of Fed-          sets, based on Federal and non-Federal cyber
                                                (C) in paragraph (6), by striking the period         eral risk posture performed under subsection           threat intelligence products, where avail-
                                             at the end and inserting a semi colon; and              (i);’’; and                                            able;
                                                (D) by adding at the end the following:                 (vi) in paragraph (5), by striking the period         ‘‘(v) evaluate the vulnerability of agency
                                                ‘‘(7) recognize that each agency has spe-            at the end and inserting ‘‘; and’’;                    systems and data, including high value as-
                                             cific mission requirements and, at times,                  (E) by redesignating subsections (i), (j),          sets, including by analyzing—
                                             unique cybersecurity requirements to meet               (k), and (l) as subsections (j), (k), (l), and (m)       ‘‘(I) the results of penetration testing per-
                                             the mission of the agency;                              respectively;                                          formed by the Department of Homeland Se-
                                                ‘‘(8) recognize that each agency does not               (F) by inserting after subsection (h) the           curity under section 3553(b)(9);
                                             have the same resources to secure agency                following:                                               ‘‘(II) the results of penetration testing per-
                                             systems, and an agency should not be ex-                   ‘‘(i) FEDERAL RISK ASSESSMENTS.—On an               formed under section 3559A;
                                             pected to have the capability to secure the             ongoing and continuous basis, the Director               ‘‘(III) information provided to the agency
                                             systems of the agency from advanced adver-              of the Cybersecurity and Infrastructure Se-            through the vulnerability disclosure pro-
                                             saries alone; and                                       curity Agency shall perform assessments of             gram of the agency under section 3559B;
                                                ‘‘(9) recognize that a holistic Federal cy-          Federal risk posture using any available in-             ‘‘(IV) incidents; and
                                             bersecurity model is necessary to account               formation on the cybersecurity posture of                ‘‘(V) any other vulnerability information
                                             for differences between the missions and ca-            agencies, and brief the Director and National          relating to agency systems that is known to
                                             pabilities of agencies.’’;                              Cyber Director on the findings of those as-            the agency;
                                                (2) in section 3553—                                 sessments including—                                     ‘‘(vi) assess the impacts of potential agen-
                                                (A) by striking the section heading and in-             ‘‘(1) the status of agency cybersecurity re-        cy incidents to agency systems, data, and op-
                                             serting ‘‘Authority and functions of the Di-            medial actions described in section 3554(b)(7);        erations based on the evaluations described
                                             rector and the Director of the Cybersecurity               ‘‘(2) any vulnerability information relating        in clauses (ii) and (iv) and the agency sys-
                                             and Infrastructure Security Agency’’.                   to the systems of an agency that is known by           tems identified under clause (iii); and
                                                (B) in subsection (a)—                               the agency;                                              ‘‘(vii) assess the consequences of potential
                                                (i) in paragraph (1), by inserting ‘‘, in con-          ‘‘(3) analysis of incident information under        incidents occurring on agency systems that
                                             sultation with the Director of the Cybersecu-           section 3597;                                          would impact systems at other agencies, in-
                                             rity and Infrastructure Security Agency and                ‘‘(4) evaluation of penetration testing per-        cluding due to interconnectivity between dif-
                                             the National Cyber Director,’’ before ‘‘over-           formed under section 3559A;                            ferent agency systems or operational reli-
                                             seeing’’;                                                  ‘‘(5) evaluation of vulnerability disclosure        ance on the operations of the system or data
                                                (ii) in paragraph (5), by striking ‘‘and’’ at        program information under section 3559B;               in the system;’’;
                                             the end; and                                               ‘‘(6) evaluation of agency threat hunting             (III) in subparagraph (B), as so redesig-
                                                (iii) by adding at the end the following:            results;                                               nated, in the matter preceding clause (i), by
                                                ‘‘(8) promoting, in consultation with the               ‘‘(7) evaluation of Federal and non-Federal         striking ‘‘providing information’’ and insert-
                                             Director of the Cybersecurity and Infrastruc-           cyber threat intelligence;                             ing ‘‘using information from the assessment
                                             ture Security Agency and the Director of the               ‘‘(8) data on agency compliance with stand-         conducted under subparagraph (A), pro-
                                             National Institute of Standards and Tech-               ards issued under section 11331 of title 40;           viding, in consultation with the Director of
                                             nology—                                                    ‘‘(9) agency system risk assessments per-           the Cybersecurity and Infrastructure Secu-
                                                ‘‘(A) the use of automation to improve               formed under section 3554(a)(1)(A); and                rity Agency, information’’;
                                             Federal cybersecurity and visibility with re-              ‘‘(10) any other information the Director of          (IV) in subparagraph (C), as so redesig-
                                             spect to the implementation of Federal cy-              the Cybersecurity and Infrastructure Secu-             nated—
                                             bersecurity; and                                        rity Agency determines relevant.’’; and                  (aa) in clause (ii) by inserting ‘‘binding’’
                                                ‘‘(B) the use of presumption of compromise              (G) in subsection (j), as so redesignated—          before ‘‘operational’’; and
                                             and least privilege principles to improve re-              (i) by striking ‘‘regarding the specific’’ and        (bb) in clause (vi), by striking ‘‘and’’ at the
                                             siliency and timely response actions to inci-           inserting ‘‘that includes a summary of—                end; and
                                             dents on Federal systems.’’;                               ‘‘(1) the specific’’;                                 (V) by adding at the end the following:
                                                (C) in subsection (b)—                                  (ii) in paragraph (1), as so designated, by           ‘‘(E) providing an update on the ongoing
                                                (i) by striking the subsection heading and           striking the period at the end and inserting           and continuous assessment performed under
                                             inserting ‘‘CYBERSECURITY AND INFRASTRUC-               ‘‘; and’’ and                                          subparagraph (A)—
                                             TURE SECURITY AGENCY’’;                                                                                          ‘‘(i) upon request, to the inspector general
                                                                                                        (iii) by adding at the end the following:
                                                (ii) in the matter preceding paragraph (1),             ‘‘(2) the trends identified in the Federal          of the agency or the Comptroller General of
                                             by striking ‘‘The Secretary, in consultation            risk assessment performed under subsection             the United States; and
                                             with the Director’’ and inserting ‘‘The Direc-          (i).’’; and                                              ‘‘(ii) on a periodic basis, as determined by
                                             tor of the Cybersecurity and Infrastructure                (H) by adding at the end the following:             guidance issued by the Director but not less
                                             Security Agency, in consultation with the                  ‘‘(n) BINDING OPERATIONAL DIRECTIVES.—If            frequently than annually, to—
                                             Director and the National Cyber Director’’;             the Director of the Cybersecurity and Infra-             ‘‘(I) the Director;
                                                (iii) in paragraph (2)—                              structure Security Agency issues a binding               ‘‘(II) the Director of the Cybersecurity and
                                                (I) in subparagraph (A), by inserting ‘‘and          operational directive or an emergency direc-           Infrastructure Security Agency; and
                                             reporting requirements under subchapter IV              tive under this section, not later than 2 days           ‘‘(III) the National Cyber Director;
                                             of this title’’ after ‘‘section 3556’’; and             after the date on which the binding oper-                ‘‘(F) in consultation with the Director of




dlhill on DSK120RN23PROD with SENATE
                                                (II) in subparagraph (D), by striking ‘‘the          ational directive requires an agency to take           the Cybersecurity and Infrastructure Secu-
                                             Director or Secretary’’ and inserting ‘‘the             an action, the Director of the Cybersecurity           rity Agency and not less frequently than
                                             Director of the Cybersecurity and Infrastruc-           and Infrastructure Security Agency shall               once every 3 years, performing an evaluation
                                             ture Security Agency’’;                                 provide to the appropriate reporting entities          of whether additional cybersecurity proce-
                                                (iv) in paragraph (5), by striking ‘‘coordi-         the status of the implementation of the bind-          dures are appropriate for securing a system
                                             nating’’ and inserting ‘‘leading the coordina-          ing operational directive at the agency.’’;            of, or under the supervision of, the agency,
                                             tion of’’;                                                 (3) in section 3554—                                which shall—




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                                             S8262                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                                ‘‘(i) be completed considering the agency              ‘‘(iii) binding operational directives and           troller General of the United States a report
                                             system risk assessment performed under sub-             emergency directives promulgated by the Di-            that—
                                             paragraph (A); and                                      rector of the Cybersecurity and Infrastruc-              ‘‘(A) summarizes the agency system risk
                                                ‘‘(ii) include a specific evaluation for high        ture Security Agency under section 3553;’’;            assessment performed under subsection
                                             value assets;                                           and                                                    (a)(1)(A);
                                                ‘‘(G) not later than 30 days after com-                (cc) in clause (iv), as so redesignated, by            ‘‘(B) evaluates the adequacy and effective-
                                             pleting the evaluation performed under sub-             striking ‘‘as determined by the agency; and’’          ness of information security policies, proce-
                                             paragraph (F), providing the evaluation and             and inserting ‘‘as determined by the agency,           dures, and practices of the agency to address
                                             an implementation plan, if applicable, for              considering—                                           the risks identified in the agency system
                                             using additional cybersecurity procedures                 ‘‘(I) the agency risk assessment performed           risk assessment performed under subsection
                                             determined to be appropriate to—                        under subsection (a)(1)(A); and                        (a)(1)(A), including an analysis of the agen-
                                                ‘‘(i) the Director of the Cybersecurity and            ‘‘(II) the determinations of applying more           cy’s cybersecurity and incident response ca-
                                             Infrastructure Security Agency;                         stringent standards and additional cyberse-            pabilities using the metrics established
                                                ‘‘(ii) the Director; and                             curity procedures pursuant to section                  under section 224(c) of the Cybersecurity Act
                                                ‘‘(iii) the National Cyber Director; and             11331(c)(1) of title 40; and’’;                        of 2015 (6 U.S.C. 1522(c));
                                                ‘‘(H) if the head of the agency determines             (iii) in paragraph (5)(A), by inserting ‘‘, in-        ‘‘(C) summarizes the evaluation and imple-
                                             there is need for additional cybersecurity              cluding penetration testing, as appropriate,’’         mentation plans described in subparagraphs
                                             procedures, ensuring that those additional              after ‘‘shall include testing’’;                       (F) and (G) of subsection (a)(1) and whether
                                             cybersecurity procedures are reflected in the             (iv) in paragraph (6), by striking ‘‘plan-           those evaluation and implementation plans
                                             budget request of the agency in accordance              ning, implementing, evaluating, and docu-              call for the use of additional cybersecurity
                                             with the risk-based cyber budget model de-              menting’’ and inserting ‘‘planning and imple-          procedures determined to be appropriate by
                                             veloped pursuant to section 3553(a)(7);’’;              menting and, in consultation with the Direc-           the agency; and
                                                (ii) in paragraph (2)—                               tor of the Cybersecurity and Infrastructure              ‘‘(D) summarizes the status of remedial ac-
                                                (I) in subparagraph (A), by inserting ‘‘in           Security Agency, evaluating and docu-                  tions identified by inspector general of the
                                             accordance with the agency system risk as-              menting’’;                                             agency, the Comptroller General of the
                                             sessment performed under paragraph (1)(A)’’               (v) by redesignating paragraphs (7) and (8)          United States, and any other source deter-
                                             after ‘‘information systems’’;                          as paragraphs (8) and (9), respectively;               mined appropriate by the head of the agency.
                                                (II) in subparagraph (B)—                              (vi) by inserting after paragraph (6) the fol-         ‘‘(2) UNCLASSIFIED REPORTS.—Each report
                                                (aa) by striking ‘‘in accordance with stand-         lowing:                                                submitted under paragraph (1)—
                                             ards’’ and inserting ‘‘in accordance with—                ‘‘(7) a process for providing the status of            ‘‘(A) shall be, to the greatest extent prac-
                                                ‘‘(i) standards’’; and                               every remedial action and known system                 ticable, in an unclassified and otherwise un-
                                                (bb) by adding at the end the following:             vulnerability to the Director and the Direc-           controlled form; and
                                                ‘‘(ii) the evaluation performed under para-          tor of the Cybersecurity and Infrastructure              ‘‘(B) may include a classified annex.
                                             graph (1)(F); and                                       Security Agency, using automation and ma-                ‘‘(3) ACCESS TO INFORMATION.—The head of
                                                ‘‘(iii) the implementation plan described in         chine-readable data to the greatest extent             an agency shall ensure that, to the greatest
                                             paragraph (1)(G);’’; and                                practicable;’’; and                                    extent practicable, information is included
                                                (III) in subparagraph (D), by inserting ‘‘,            (vii) in paragraph (8)(C), as so redesig-
                                                                                                                                                            in the unclassified form of the report sub-
                                             through the use of penetration testing, the             nated—
                                                                                                                                                            mitted by the agency under paragraph (2)(A).
                                             vulnerability disclosure program established              (I) by striking clause (ii) and inserting the
                                                                                                                                                              ‘‘(4) BRIEFINGS.—During each year during
                                             under section 3559B, and other means,’’ after           following:
                                                                                                                                                            which a report is not required to be sub-
                                             ‘‘periodically’’;                                         ‘‘(ii) notifying and consulting with the
                                                                                                                                                            mitted under paragraph (1), the Director
                                                (iii) in paragraph (3)—                              Federal information security incident center
                                                                                                                                                            shall provide to the congressional commit-
                                                (I) in subparagraph (A)—                             established under section 3556 pursuant to
                                                                                                                                                            tees described in paragraph (1) a briefing
                                                (aa) in clause (iii), by striking ‘‘and’’ at the     the requirements of section 3594;’’;
                                                                                                                                                            summarizing current agency and Federal
                                             end;                                                      (II) by redesignating clause (iii) as clause
                                                                                                                                                            risk postures.’’; and
                                                (bb) in clause (iv), by adding ‘‘and’’ at the        (iv);
                                             end; and                                                  (III) by inserting after clause (ii) the fol-          (iii) in paragraph (5), as so redesignated, by
                                                (cc) by adding at the end the following:             lowing:                                                inserting ‘‘including the reporting proce-
                                                ‘‘(v) ensure that—                                     ‘‘(iii) performing the notifications and             dures established under section 11315(d) of
                                                ‘‘(I) senior agency information security of-         other activities required under subchapter             title 40 and subsection (a)(3)(A)(v) of this sec-
                                             ficers of component agencies carry out re-              IV of this title; and’’; and                           tion’’; and
                                             sponsibilities under this subchapter, as di-              (IV) in clause (iv), as so redesignated—               (D) in subsection (d)(1), in the matter pre-
                                             rected by the senior agency information se-               (aa) in subclause (I), by striking ‘‘and rel-        ceding subparagraph (A), by inserting ‘‘and
                                             curity officer of the agency or an equivalent           evant offices of inspectors general’’;                 the Director of the Cybersecurity and Infra-
                                             official; and                                             (bb) in subclause (II), by adding ‘‘and’’ at         structure Security Agency’’ after ‘‘the Direc-
                                                ‘‘(II) senior agency information security            the end;                                               tor’’; and
                                             officers of component agencies report to—                 (cc) by striking subclause (III); and                  (4) in section 3555—
                                                ‘‘(aa) the senior information security offi-           (dd) by redesignating subclause (IV) as sub-           (A) in the section heading, by striking ‘‘AN-
                                             cer of the agency or an equivalent official;            clause (III);                                          NUAL INDEPENDENT’’ and inserting ‘‘INDE-
                                             and                                                       (C) in subsection (c)—                               PENDENT’’;
                                                ‘‘(bb) the Chief Information Officer of the            (i) by redesignating paragraph (2) as para-            (B) in subsection (a)—
                                             component agency or an equivalent offi-                 graph (5);                                               (i) in paragraph (1), by inserting ‘‘during
                                             cial;’’; and                                              (ii) by striking paragraph (1) and inserting         which a report is required to be submitted
                                                (iv) in paragraph (5), by inserting ‘‘and the        the following:                                         under section 3553(c),’’ after ‘‘Each year’’;
                                             Director of the Cybersecurity and Infrastruc-             ‘‘(1) BIANNUAL REPORT.—Not later than 2                (ii) in paragraph (2)(A), by inserting ‘‘, in-
                                             ture Security Agency’’ before ‘‘on the effec-           years after the date of enactment of the Fed-          cluding by penetration testing and analyzing
                                             tiveness’’;                                             eral Information Security Modernization Act            the vulnerability disclosure program of the
                                                (B) in subsection (b)—                               of 2021 and not less frequently than once              agency’’ after ‘‘information systems’’; and
                                                (i) by striking paragraph (1) and inserting          every 2 years thereafter, using the contin-              (iii) by adding at the end the following:
                                             the following:                                          uous and ongoing agency system risk assess-              ‘‘(3) An evaluation under this section may
                                                ‘‘(1) pursuant to subsection (a)(1)(A), per-         ment under subsection (a)(1)(A), the head of           include recommendations for improving the
                                             forming ongoing and continuous agency sys-              each agency shall submit to the Director,              cybersecurity posture of the agency.’’;
                                             tem risk assessments, which may include                 the Director of the Cybersecurity and Infra-             (C) in subsection (b)(1), by striking ‘‘an-
                                             using guidelines and automated tools con-               structure Security Agency, the majority and            nual’’;
                                             sistent with standards and guidelines pro-              minority leaders of the Senate, the Speaker              (D) in subsection (e)(1), by inserting ‘‘dur-
                                             mulgated under section 11331 of title 40, as            and minority leader of the House of Rep-               ing which a report is required to be sub-
                                             applicable;’’;                                          resentatives, the Committee on Homeland                mitted under section 3553(c)’’ after ‘‘Each
                                                (ii) in paragraph (2)—                               Security and Governmental Affairs of the               year’’;
                                                (I) by striking subparagraph (B) and insert-         Senate, the Committee on Oversight and Re-               (E) by striking subsection (f) and inserting
                                             ing the following:                                      form of the House of Representatives, the              the following:
                                                ‘‘(B) comply with the risk-based cyber               Committee on Homeland Security of the                    ‘‘(f) PROTECTION OF INFORMATION.—(1)




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                                             budget model developed pursuant to section              House of Representatives, the Committee on             Agencies, evaluators, and other recipients of
                                             3553(a)(7);’’; and                                      Commerce, Science, and Transportation of               information that, if disclosed, may cause
                                                (II) in subparagraph (D)—                            the Senate, the Committee on Science,                  grave harm to the efforts of Federal informa-
                                                (aa) by redesignating clauses (iii) and (iv)         Space, and Technology of the House of Rep-             tion security officers shall take appropriate
                                             as clauses (iv) and (v), respectively;                  resentatives, the appropriate authorization            steps to ensure the protection of that infor-
                                                (bb) by inserting after clause (ii) the fol-         and appropriations committees of Congress,             mation, including safeguarding the informa-
                                             lowing:                                                 the National Cyber Director, and the Comp-             tion from public disclosure.




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8263
                                                ‘‘(2) The protections required under para-              (3)     NIST      RESPONSIBILITIES.—Section         ‘‘§ 3592. Notification of breach
                                             graph (1) shall be commensurate with the                20(d)(3)(B) of the National Institute of Stand-
                                             risk and comply with all applicable laws and            ards and Technology Act (15 U.S.C. 278g–                 ‘‘(a) NOTIFICATION.—As expeditiously as
                                             regulations.                                            3(d)(3)(B)) is amended by striking ‘‘annual’’.         practicable and without unreasonable delay,
                                                ‘‘(3) With respect to information that is               (e) FEDERAL SYSTEM INCIDENT RESPONSE.—              and in any case not later than 45 days after
                                             not related to national security systems,                  (1) IN GENERAL.—Chapter 35 of title 44,             an agency has a reasonable basis to conclude
                                             agencies and evaluators shall make a sum-               United States Code, is amended by adding at            that a breach has occurred, the head of the
                                             mary of the information unclassified and                the end the following:                                 agency, in consultation with a senior privacy
                                             publicly available, including information                  ‘‘SUBCHAPTER IV—FEDERAL SYSTEM                      officer of the agency, shall—
                                             that does not identify—                                               INCIDENT RESPONSE                          ‘‘(1) determine whether notice to any indi-
                                                ‘‘(A) specific information system incidents;                                                                vidual potentially affected by the breach is
                                                                                                     ‘‘§ 3591. Definitions
                                             or                                                                                                             appropriate based on an assessment of the
                                                                                                        ‘‘(a) IN GENERAL.—Except as provided in             risk of harm to the individual that con-
                                                ‘‘(B)     specific    information     system         subsection (b), the definitions under sections
                                             vulnerabilities.’’;                                                                                            siders—
                                                                                                     3502 and 3552 shall apply to this subchapter.            ‘‘(A) the nature and sensitivity of the per-
                                                (F) in subsection (g)(2)—                               ‘‘(b) ADDITIONAL DEFINITIONS.—As used in
                                                (i) by striking ‘‘this subsection shall’’ and                                                               sonally identifiable information affected by
                                                                                                     this subchapter:
                                             inserting ‘‘this subsection—                                                                                   the breach;
                                                                                                        ‘‘(1) APPROPRIATE REPORTING ENTITIES.—
                                                ‘‘(A) shall’’;                                                                                                ‘‘(B) the likelihood of access to and use of
                                                                                                     The term ‘appropriate reporting entities’
                                                (ii) in subparagraph (A), as so designated,                                                                 the personally identifiable information af-
                                                                                                     means—
                                             by striking the period at the end and insert-                                                                  fected by the breach;
                                                                                                        ‘‘(A) the majority and minority leaders of
                                             ing ‘‘; and’’; and                                      the Senate;                                              ‘‘(C) the type of breach; and
                                                (iii) by adding at the end the following:               ‘‘(B) the Speaker and minority leader of              ‘‘(D) any other factors determined by the
                                                ‘‘(B) identify any entity that performs an           the House of Representatives;                          Director; and
                                             independent evaluation under subsection                    ‘‘(C) the Committee on Homeland Security              ‘‘(2) as appropriate, provide written notice
                                             (b).’’; and                                             and Governmental Affairs of the Senate;                in accordance with subsection (b) to each in-
                                                (G) by striking subsection (j) and inserting            ‘‘(D) the Committee on Oversight and Re-            dividual potentially affected by the breach—
                                             the following:                                          form of the House of Representatives;                    ‘‘(A) to the last known mailing address of
                                                ‘‘(j) GUIDANCE.—                                        ‘‘(E) the Committee on Homeland Security            the individual; or
                                                ‘‘(1) IN GENERAL.—The Director, in con-              of the House of Representatives;                         ‘‘(B) through an appropriate alternative
                                             sultation with the Director of the Cybersecu-              ‘‘(F) the appropriate authorization and ap-         method of notification that the head of the
                                             rity and Infrastructure Security Agency, the            propriations committees of Congress;                   agency or a designated senior-level indi-
                                             Chief Information Officers Council, the                    ‘‘(G) the Director;                                 vidual of the agency selects based on factors
                                             Council of the Inspectors General on Integ-                ‘‘(H) the Director of the Cybersecurity and         determined by the Director.
                                             rity and Efficiency, and other interested par-          Infrastructure Security Agency;                          ‘‘(b) CONTENTS OF NOTICE.—Each notice of a
                                             ties as appropriate, shall ensure the develop-             ‘‘(I) the National Cyber Director;                  breach provided to an individual under sub-
                                             ment of guidance for evaluating the effec-                 ‘‘(J) the Comptroller General of the United         section (a)(2) shall include—
                                             tiveness of an information security program             States; and                                              ‘‘(1) a brief description of the rationale for
                                             and practices                                              ‘‘(K) the inspector general of any impacted         the determination that notice should be pro-
                                                ‘‘(2) PRIORITIES.—The guidance developed             agency.                                                vided under subsection (a);
                                             under paragraph (1) shall prioritize the iden-             ‘‘(2) AWARDEE.—The term ‘awardee’—                    ‘‘(2) if possible, a description of the types
                                             tification of—                                             ‘‘(A) means a person, business, or other en-        of personally identifiable information af-
                                                ‘‘(A) the most common threat patterns ex-            tity that receives a grant from, or is a party         fected by the breach;
                                             perienced by each agency;                               to a cooperative agreement or an other                   ‘‘(3) contact information of the agency
                                                ‘‘(B) the security controls that address the         transaction agreement with, an agency; and             that may be used to ask questions of the
                                             threat patterns described in subparagraph                  ‘‘(B) includes any subgrantee of a person,          agency, which—
                                             (A); and                                                business, or other entity described in sub-              ‘‘(A) shall include an e-mail address or an-
                                                ‘‘(C) any other security risks unique to the         paragraph (A).                                         other digital contact mechanism; and
                                             networks of each agency.’’; and                            ‘‘(3) BREACH.—The term ‘breach’ means—                ‘‘(B) may include a telephone number or a
                                                (5) in section 3556(a)—                                 ‘‘(A) a compromise of the security, con-            website;
                                                (A) in the matter preceding paragraph (1),           fidentiality, or integrity of data in elec-              ‘‘(4) information on any remedy being of-
                                             by inserting ‘‘within the Cybersecurity and             tronic form that results in unauthorized ac-           fered by the agency;
                                             Infrastructure Security Agency’’ after ‘‘inci-          cess to, or an acquisition of, personal infor-           ‘‘(5) any applicable educational materials
                                             dent center’’; and                                      mation; or                                             relating to what individuals can do in re-
                                                (B) in paragraph (4), by striking ‘‘3554(b)’’           ‘‘(B) a loss of data in electronic form that        sponse to a breach that potentially affects
                                             and inserting ‘‘3554(a)(1)(A)’’.                        results in unauthorized access to, or an ac-           their personally identifiable information, in-
                                                (d) CONFORMING AMENDMENTS.—                          quisition of, personal information.                    cluding relevant contact information for
                                                (1) TABLE OF SECTIONS.—The table of sec-                ‘‘(4) CONTRACTOR.—The term ‘contractor’             Federal law enforcement agencies and each
                                             tions for chapter 35 of title 44, United States         means—                                                 nationwide consumer reporting agency; and
                                             Code, is amended—                                          ‘‘(A) a prime contractor of an agency or a            ‘‘(6) any other appropriate information, as
                                                (A) by striking the item relating to section         subcontractor of a prime contractor of an              determined by the head of the agency or es-
                                             3553 and inserting the following:                       agency; and                                            tablished in guidance by the Director.
                                                                                                        ‘‘(B) any person or business that collects or
                                             ‘‘3553. Authority and functions of the Direc-                                                                    ‘‘(c) DELAY OF NOTIFICATION.—
                                                                                                     maintains information, including personally
                                                             tor and the Director of the Cy-                                                                  ‘‘(1) IN GENERAL.—The Attorney General,
                                                                                                     identifiable information, on behalf of an
                                                             bersecurity and Infrastructure          agency.                                                the Director of National Intelligence, or the
                                                             Security Agency.’’; and                    ‘‘(5) FEDERAL INFORMATION.—The term                 Secretary of Homeland Security may delay a
                                                (B) by striking the item relating to section         ‘Federal information’ means information                notification required under subsection (a) if
                                             3555 and inserting the following:                       created, collected, processed, maintained,             the notification would—
                                             ‘‘3555. Independent evaluation.’’.                      disseminated, disclosed, or disposed of by or            ‘‘(A) impede a criminal investigation or a
                                                (2) OMB REPORTS.—Section 226(c) of the Cy-           for the Federal Government in any medium               national security activity;
                                             bersecurity Act of 2015 (6 U.S.C. 1524(c)) is           or form.                                                 ‘‘(B) reveal sensitive sources and methods;
                                             amended—                                                   ‘‘(6) FEDERAL INFORMATION SYSTEM.—The                 ‘‘(C) cause damage to national security; or
                                                (A) in paragraph (1)(B), in the matter pre-          term ‘Federal information system’ means an               ‘‘(D) hamper security remediation actions.
                                             ceding clause (i), by striking ‘‘annually               information system used or operated by an                ‘‘(2) DOCUMENTATION.—
                                             thereafter’’ and inserting ‘‘thereafter during          agency, a contractor, an awardee, or another             ‘‘(A) IN GENERAL.—Any delay under para-
                                             the years during which a report is required             organization on behalf of an agency.                   graph (1) shall be reported in writing to the
                                             to be submitted under section 3553(c) of title             ‘‘(7) INTELLIGENCE COMMUNITY.—The term              Director, the Attorney General, the Director
                                             44, United States Code’’; and                           ‘intelligence community’ has the meaning               of National Intelligence, the Secretary of
                                                (B) in paragraph (2)(B), in the matter pre-          given the term in section 3 of the National            Homeland Security, the Director of the Cy-
                                             ceding clause (i)—                                      Security Act of 1947 (50 U.S.C. 3003).                 bersecurity and Infrastructure Security
                                                (i) by striking ‘‘annually thereafter’’ and             ‘‘(8) NATIONWIDE CONSUMER REPORTING                 Agency, and the head of the agency and the




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                                             inserting ‘‘thereafter during the years during          AGENCY.—The term ‘nationwide consumer re-              inspector general of the agency that experi-
                                             which a report is required to be submitted              porting agency’ means a consumer reporting             enced the breach.
                                             under section 3553(c) of title 44, United               agency described in section 603(p) of the Fair           ‘‘(B) CONTENTS.—A report required under
                                             States Code’’; and                                      Credit Reporting Act (15 U.S.C. 1681a(p)).             subparagraph (A) shall include a written
                                                (ii) by striking ‘‘the report required under            ‘‘(9) VULNERABILITY DISCLOSURE.—The term            statement from the entity that delayed the
                                             section 3553(c) of title 44, United States              ‘vulnerability disclosure’ means a vulner-             notification explaining the need for the
                                             Code’’ and inserting ‘‘that report’’.                   ability identified under section 3559B.                delay.




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                                             S8264                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                                ‘‘(C) FORM.—The report required under sub-           excludes or otherwise reasonably protects                 ‘‘(1) IN GENERAL.—The Director shall sub-
                                             paragraph (A) shall be unclassified but may             personally identifiable information and to             mit to the appropriate notification entities
                                             include a classified annex.                             the extent permitted by applicable law, in-            an annual report on all notification delays
                                                ‘‘(3) RENEWAL.—A delay under paragraph               cluding privacy and statistical laws—                  and exemptions granted pursuant to sub-
                                             (1) shall be for a period of 60 days and may be           ‘‘(A) a summary of the information avail-            sections (c) and (d) of section 3592.
                                             renewed.                                                able about the major incident, including how              ‘‘(2) COMPONENT OF OTHER REPORT.—The Di-
                                                ‘‘(d) UPDATE NOTIFICATION.—If an agency              the major incident occurred, information in-           rector may submit the report required under
                                             determines there is a significant change in             dicating that the major incident may be a              paragraph (1) as a component of the annual
                                             the reasonable basis to conclude that a                 breach, and information relating to the                report submitted under section 3597(b).
                                             breach occurred, a significant change to the            major incident as a breach, based on infor-               ‘‘(f) REPORT DELIVERY.—Any written report
                                             determination made under subsection (a)(1),             mation available to agency officials as of the         required to be submitted under this section
                                             or that it is necessary to update the details           date on which the agency submits the report;           may be submitted in a paper or electronic
                                             of the information provided to impacted in-               ‘‘(B) if applicable, a description and any as-       format.
                                             dividuals as described in subsection (b), the           sociated     documentation       of   any    cir-         ‘‘(g) THREAT BRIEFING.—
                                             agency shall as expeditiously as practicable            cumstances necessitating a delay in or ex-                ‘‘(1) IN GENERAL.—Not later than 7 days
                                             and without unreasonable delay, and in any              emption to notification to individuals poten-          after the date on which an agency has a rea-
                                             case not later than 30 days after such a de-            tially affected by the major incident under            sonable basis to conclude that a major inci-
                                             termination, notify each individual who re-                                                                    dent occurred, the head of the agency, joint-
                                                                                                     subsection (c) or (e) of section 3592; and
                                             ceived a notification pursuant to subsection                                                                   ly with the National Cyber Director and any
                                                                                                       ‘‘(C) if applicable, an assessment of the im-
                                             (a) of those changes.                                                                                          other Federal entity determined appropriate
                                                ‘‘(e) EXEMPTION FROM NOTIFICATION.—                  pacts to the agency, the Federal Govern-
                                                                                                     ment, or the security of the United States,            by the National Cyber Director, shall provide
                                                ‘‘(1) IN GENERAL.—The head of an agency,
                                                                                                     based on information available to agency of-           a briefing to the congressional committees
                                             in consultation with the inspector general of
                                                                                                     ficials on the date on which the agency sub-           described in subsection (a)(1) on the threat
                                             the agency, may request an exemption from
                                                                                                     mits the report.                                       causing the major incident.
                                             the Director from complying with the notifi-
                                                                                                       ‘‘(b) SUPPLEMENTAL REPORT.—Within a rea-                ‘‘(2) COMPONENTS.—The briefing required
                                             cation requirements under subsection (a) if
                                                                                                     sonable amount of time, but not later than             under paragraph (1)—
                                             the information affected by the breach is de-
                                             termined by an independent evaluation to be             30 days after the date on which an agency                 ‘‘(A) shall, to the greatest extent prac-
                                             unreadable, including, as appropriate, in-              submits a written report under subsection              ticable, include an unclassified component;
                                             stances in which the information is—                    (a), the head of the agency shall provide to           and
                                                ‘‘(A) encrypted; and                                 the appropriate reporting entities written                ‘‘(B) may include a classified component.
                                                ‘‘(B) determined by the Director of the Cy-          updates on the major incident and, to the ex-             ‘‘(h) RULE OF CONSTRUCTION.—Nothing in
                                             bersecurity and Infrastructure Security                 tent practicable, provide a briefing to the            this section shall be construed to limit—
                                             Agency to be of sufficiently low risk of expo-          congressional committees described in sub-                ‘‘(1) the ability of an agency to provide ad-
                                             sure.                                                   section (a)(1), including summaries of—                ditional reports or briefings to Congress; or
                                                ‘‘(2) APPROVAL.—The Director shall deter-              ‘‘(1) vulnerabilities, means by which the               ‘‘(2) Congress from requesting additional
                                             mine whether to grant an exemption re-                  major incident occurred, and impacts to the            information from agencies through reports,
                                             quested under paragraph (1) in consultation             agency relating to the major incident;                 briefings, or other means.
                                             with—                                                     ‘‘(2) any risk assessment and subsequent             ‘‘§ 3594. Government information sharing and
                                                ‘‘(A) the Director of the Cybersecurity and          risk-based security implementation of the                 incident response
                                             Infrastructure Security Agency; and                     affected information system before the date               ‘‘(a) IN GENERAL.—
                                                ‘‘(B) the Attorney General.                          on which the major incident occurred;                     ‘‘(1) INCIDENT REPORTING.—The head of each
                                                ‘‘(3)    DOCUMENTATION.—Any         exemption          ‘‘(3) the status of compliance of the af-            agency shall provide any information relat-
                                             granted by the Director under paragraph (1)             fected information system with applicable              ing to any incident, whether the information
                                             shall be reported in writing to the head of             security requirements at the time of the               is obtained by the Federal Government di-
                                             the agency and the inspector general of the             major incident;                                        rectly or indirectly, to the Cybersecurity
                                             agency that experienced the breach and the                ‘‘(4) an estimate of the number of individ-          and Infrastructure Security Agency and the
                                             Director of the Cybersecurity and Infrastruc-           uals potentially affected by the major inci-           Office of Management and Budget.
                                             ture Security Agency.                                   dent based on information available to agen-              ‘‘(2) CONTENTS.—A provision of information
                                                ‘‘(f) RULE OF CONSTRUCTION.—Nothing in               cy officials as of the date on which the agen-         relating to an incident made by the head of
                                             this section shall be construed to limit—               cy provides the update;                                an agency under paragraph (1) shall—
                                                ‘‘(1) the Director from issuing guidance re-           ‘‘(5) an assessment of the risk of harm to              ‘‘(A) include detailed information about
                                             lating to notifications or the head of an               individuals potentially affected by the major          the safeguards that were in place when the
                                             agency from notifying individuals poten-                incident based on information available to             incident occurred;
                                             tially affected by breaches that are not de-            agency officials as of the date on which the              ‘‘(B) whether the agency implemented the
                                             termined to be major incidents; or                      agency provides the update;                            safeguards described in subparagraph (A)
                                                ‘‘(2) the Director from issuing guidance re-           ‘‘(6) an update to the assessment of the             correctly;
                                             lating to notifications of major incidents or           risk to agency operations, or to impacts on               ‘‘(C) in order to protect against a similar
                                             the head of an agency from providing more               other agency or non-Federal entity oper-               incident, identify—
                                             information than described in subsection (b)            ations, affected by the major incident based              ‘‘(i) how the safeguards described in sub-
                                             when notifying individuals potentially af-              on information available to agency officials           paragraph (A) should be implemented dif-
                                             fected by breaches.                                     as of the date on which the agency provides            ferently; and
                                             ‘‘§ 3593. Congressional and Executive Branch            the update; and                                           ‘‘(ii) additional necessary safeguards; and
                                                reports                                                ‘‘(7) the detection, response, and remedi-              ‘‘(D) include information to aid in incident
                                                ‘‘(a) INITIAL REPORT.—                               ation actions of the agency, including any             response, such as—
                                                ‘‘(1) IN GENERAL.—Not later than 72 hours            support provided by the Cybersecurity and                 ‘‘(i) a description of the affected systems or
                                             after an agency has a reasonable basis to               Infrastructure Security Agency under sec-              networks;
                                             conclude that a major incident occurred, the            tion 3594(d) and status updates on the notifi-            ‘‘(ii) the estimated dates of when the inci-
                                             head of the agency impacted by the major in-            cation process described in section 3592(a),           dent occurred; and
                                             cident shall submit to the appropriate re-              including any delay or exemption described                ‘‘(iii) information that could reasonably
                                             porting entities a written report and, to the           in subsection (c) or (e), respectively, of sec-        help identify the party that conducted the
                                             extent practicable, provide a briefing to the           tion 3592, if applicable.                              incident.
                                             Committee on Homeland Security and Gov-                   ‘‘(c) UPDATE REPORT.—If the agency deter-               ‘‘(3) INFORMATION SHARING.—To the great-
                                             ernmental Affairs of the Senate, the Com-               mines that there is any significant change in          est extent practicable, the Director of the
                                             mittee on Oversight and Reform of the House             the understanding of the agency of the scope,          Cybersecurity and Infrastructure Security
                                             of Representatives, the Committee on Home-              scale, or consequence of a major incident for          Agency shall share information relating to
                                             land Security of the House of Representa-               which an agency submitted a written report             an incident with any agencies that may be
                                             tives, and the appropriate authorization and            under subsection (a), the agency shall pro-            impacted by the incident.
                                             appropriations committees of Congress, tak-             vide an updated report to the appropriate re-             ‘‘(4) NATIONAL SECURITY SYSTEMS.—Each
                                             ing into account—                                       porting entities that includes information             agency operating or exercising control of a
                                                ‘‘(A) the information known at the time of           relating to the change in understanding.               national security system shall share infor-




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                                             the report;                                               ‘‘(d) ANNUAL REPORT.—Each agency shall               mation about incidents that occur on na-
                                                ‘‘(B) the sensitivity of the details associ-         submit as part of the annual report required           tional security systems with the Director of
                                             ated with the major incident; and                       under section 3554(c)(1) of this title a descrip-      the Cybersecurity and Infrastructure Secu-
                                                ‘‘(C) the classification level of the informa-       tion of each major incident that occurred              rity Agency to the extent consistent with
                                             tion contained in the report.                           during the 1-year period preceding the date            standards and guidelines for national secu-
                                                ‘‘(2) CONTENTS.—A report required under              on which the report is submitted.                      rity systems issued in accordance with law
                                             paragraph (1) shall include, in a manner that             ‘‘(e) DELAY AND EXEMPTION REPORT.—                   and as directed by the President.




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8265
                                                ‘‘(b) COMPLIANCE.—The information pro-                  ‘‘(1) the internal process of the agency for          ‘‘(3) an annex for each agency that in-
                                             vided under subsection (a) shall take into ac-          reporting an incident; and                             cludes—
                                             count the level of classification of the infor-            ‘‘(2) the obligation of a covered individual          ‘‘(A) a description of each major incident;
                                             mation and any information sharing limita-              to report to the agency a confirmed major                ‘‘(B) the total number of compromises of
                                             tions and protections, such as limitations              incident and any suspected incident involv-            the agency; and
                                             and protections relating to law enforcement,            ing information in any medium or form, in-               ‘‘(C) an analysis of the agency’s perform-
                                             national security, privacy, statistical con-            cluding paper, oral, and electronic.                   ance against the metrics established under
                                             fidentiality, or other factors determined by               ‘‘(c) INCLUSION IN ANNUAL TRAINING.—The             section 224(c) of the Cybersecurity Act of
                                             the Director                                            training developed under subsection (b) may            2015 (6 U.S.C. 1522(c)).
                                                ‘‘(c) INCIDENT RESPONSE.—Each agency                 be included as part of an annual privacy or              ‘‘(c) PUBLICATION.—A version of each report
                                             that has a reasonable basis to conclude that            security awareness training of an agency.              submitted under subsection (b) shall be made
                                             a major incident occurred involving Federal             ‘‘§ 3597. Analysis and report on Federal inci-         publicly available on the website of the Cy-
                                             information in electronic medium or form,                  dents                                               bersecurity and Infrastructure Security
                                             as defined by the Director and not involving               ‘‘(a) ANALYSIS OF FEDERAL INCIDENTS.—               Agency during the year in which the report
                                             a national security system, regardless of                  ‘‘(1) QUANTITATIVE AND QUALITATIVE ANAL-            is submitted.
                                             delays from notification granted for a major            YSES.—The Director of the Cybersecurity and              ‘‘(d) INFORMATION PROVIDED BY AGENCIES.—
                                             incident, shall coordinate with the Cyberse-            Infrastructure Security Agency shall de-                 ‘‘(1) IN GENERAL.—The analysis required
                                             curity and Infrastructure Security Agency               velop, in consultation with the Director and           under subsection (a) and each report sub-
                                             regarding—                                              the National Cyber Director, and perform               mitted under subsection (b) shall use infor-
                                                ‘‘(1) incident response and recovery; and            continuous monitoring and quantitative and             mation provided by agencies under section
                                                ‘‘(2) recommendations for mitigating fu-             qualitative analyses of incidents at agencies,         3594(a).
                                             ture incidents.                                         including major incidents, including—                    ‘‘(2) NONCOMPLIANCE REPORTS.—
                                             ‘‘§ 3595. Responsibilities of contractors and              ‘‘(A) the causes of incidents, including—             ‘‘(A) IN GENERAL.—Subject to subparagraph
                                                awardees                                                ‘‘(i) attacker tactics, techniques, and pro-        (B), during any year during which the head
                                                ‘‘(a) NOTIFICATION.—                                 cedures; and                                           of an agency does not provide data for an in-
                                                ‘‘(1) IN GENERAL.—Unless otherwise speci-               ‘‘(ii) system vulnerabilities, including zero       cident to the Cybersecurity and Infrastruc-
                                             fied in a contract, grant, cooperative agree-           days, unpatched systems, and information               ture Security Agency in accordance with
                                             ment, or an other transaction agreement,                system misconfigurations;                              section 3594(a), the head of the agency, in co-
                                             any contractor or awardee of an agency shall               ‘‘(B) the scope and scale of incidents at           ordination with the Director of the Cyberse-
                                             report to the agency within the same                    agencies;                                              curity and Infrastructure Security Agency
                                             amount of time such agency is required to                  ‘‘(C) cross Federal Government root causes          and the Director, shall submit to the appro-
                                             report an incident to the Cybersecurity and             of incidents at agencies;                              priate reporting entities a report that in-
                                             Infrastructure Security Agency, if the con-                ‘‘(D) agency incident response, recovery,           cludes—
                                             tractor or awardee has a reasonable basis to            and remediation actions and the effective-               ‘‘(i) data for the incident; and
                                             conclude that—                                          ness of those actions, as applicable;                    ‘‘(ii) the information described in sub-
                                                ‘‘(A) an incident or breach has occurred                ‘‘(E) lessons learned and recommendations           section (b) with respect to the agency.
                                             with respect to Federal information col-                in responding to, recovering from, remedi-               ‘‘(B) EXCEPTION FOR NATIONAL SECURITY
                                             lected, used, or maintained by the contractor           ating, and mitigating future incidents; and            SYSTEMS.—The head of an agency that owns
                                             or awardee in connection with the contract,                ‘‘(F) trends in cross-Federal Government
                                                                                                                                                            or exercises control of a national security
                                             grant, cooperative agreement, or other                  cybersecurity and incident response capabili-
                                                                                                                                                            system shall not include data for an incident
                                                                                                     ties using the metrics established under sec-
                                             transaction agreement of the contractor or                                                                     that occurs on a national security system in
                                                                                                     tion 224(c) of the Cybersecurity Act of 2015 (6
                                             awardee;                                                                                                       any report submitted under subparagraph
                                                                                                     U.S.C. 1522(c)).
                                                ‘‘(B) an incident or breach has occurred                                                                    (A).
                                                                                                        ‘‘(2) AUTOMATED ANALYSIS.—The analyses
                                             with respect to a Federal information sys-                                                                       ‘‘(3) NATIONAL SECURITY SYSTEM REPORTS.—
                                                                                                     developed under paragraph (1) shall, to the
                                             tem used or operated by the contractor or                                                                        ‘‘(A) IN GENERAL.—Annually, the head of an
                                                                                                     greatest extent practicable, use machine
                                             awardee in connection with the contract,                                                                       agency that operates or exercises control of
                                                                                                     readable data, automation, and machine
                                             grant, cooperative agreement, or other                                                                         a national security system shall submit a re-
                                                                                                     learning processes.
                                             transaction agreement of the contractor or                                                                     port that includes the information described
                                                                                                        ‘‘(3) SHARING OF DATA AND ANALYSIS.—
                                             awardee; or                                                ‘‘(A) IN GENERAL.—The Director shall share          in subsection (b) with respect to the agency
                                                ‘‘(C) the contractor or awardee has re-              on an ongoing basis the analyses required              to the extent that the submission is con-
                                             ceived information from the agency that the             under this subsection with agencies and the            sistent with standards and guidelines for na-
                                             contractor or awardee is not authorized to              National Cyber Director to—                            tional security systems issued in accordance
                                             receive in connection with the contract,                   ‘‘(i) improve the understanding of cyberse-         with law and as directed by the President
                                             grant, cooperative agreement, or other                  curity risk of agencies; and                           to—
                                             transaction agreement of the contractor or                 ‘‘(ii) support the cybersecurity improve-             ‘‘(i) the majority and minority leaders of
                                             awardee.                                                ment efforts of agencies.                              the Senate,
                                                ‘‘(2) PROCEDURES.—                                      ‘‘(B) FORMAT.—In carrying out subpara-                ‘‘(ii) the Speaker and minority leader of
                                                ‘‘(A) MAJOR INCIDENT.—Following a report             graph (A), the Director shall share the anal-          the House of Representatives;
                                             of a breach or major incident by a contractor           yses—                                                    ‘‘(iii) the Committee on Homeland Secu-
                                             or awardee under paragraph (1), the agency,                ‘‘(i) in human-readable written products;           rity and Governmental Affairs of the Senate;
                                             in consultation with the contractor or                  and                                                      ‘‘(iv) the Select Committee on Intelligence
                                             awardee, shall carry out the requirements                  ‘‘(ii) to the greatest extent practicable, in       of the Senate;
                                             under sections 3592, 3593, and 3594 with re-            machine-readable formats in order to enable              ‘‘(v) the Committee on Armed Services of
                                             spect to the major incident.                            automated intake and use by agencies.                  the Senate;
                                                ‘‘(B) INCIDENT.—Following a report of an                ‘‘(b) ANNUAL REPORT ON FEDERAL INCI-                  ‘‘(vi) the Committee on Appropriations of
                                             incident by a contractor or awardee under               DENTS.—Not later than 2 years after the date           the Senate;
                                             paragraph (1), an agency, in consultation               of enactment of this section, and not less fre-          ‘‘(vii) the Committee on Oversight and Re-
                                             with the contractor or awardee, shall carry             quently than annually thereafter, the Direc-           form of the House of Representatives;
                                             out the requirements under section 3594 with            tor of the Cybersecurity and Infrastructure              ‘‘(viii) the Committee on Homeland Secu-
                                             respect to the incident.                                Security Agency, in consultation with the              rity of the House of Representatives;
                                                ‘‘(b) EFFECTIVE DATE.—This section shall             Director and other Federal agencies as ap-               ‘‘(ix) the Permanent Select Committee on
                                             apply on and after the date that is 1 year              propriate, shall submit to the appropriate             Intelligence of the House of Representatives;
                                             after the date of enactment of the Federal              notification entities a report that includes—            ‘‘(x) the Committee on Armed Services of
                                             Information Security Modernization Act of                  ‘‘(1) a summary of causes of incidents from         the House of Representatives; and
                                             2021.                                                   across the Federal Government that cat-                  ‘‘(xi) the Committee on Appropriations of
                                             ‘‘§ 3596. Training                                      egorizes those incidents as incidents or               the House of Representatives.
                                                ‘‘(a) COVERED INDIVIDUAL DEFINED.—In this            major incidents;                                         ‘‘(B) CLASSIFIED FORM.—A report required
                                             section, the term ‘covered individual’ means               ‘‘(2) the quantitative and qualitative anal-        under subparagraph (A) may be submitted in
                                             an individual who obtains access to Federal             yses of incidents developed under subsection           a classified form.
                                             information or Federal information systems              (a)(1) on an agency-by-agency basis and com-             ‘‘(e) REQUIREMENT FOR COMPILING INFORMA-




dlhill on DSK120RN23PROD with SENATE
                                             because of the status of the individual as an           prehensively across the Federal Government,            TION.—In publishing the public report re-
                                             employee, contractor, awardee, volunteer, or            including—                                             quired under subsection (c), the Director of
                                             intern of an agency.                                       ‘‘(A) a specific analysis of breaches; and          the Cybersecurity and Infrastructure Secu-
                                                ‘‘(b) REQUIREMENT.—The head of each agen-               ‘‘(B) an analysis of the Federal Govern-            rity Agency shall sufficiently compile infor-
                                             cy shall develop training for covered individ-          ment’s performance against the metrics es-             mation such that no specific incident of an
                                             uals on how to identify and respond to an in-           tablished under section 224(c) of the Cyberse-         agency can be identified, except with the
                                             cident, including—                                      curity Act of 2015 (6 U.S.C. 1522(c)); and             concurrence of the Director of the Office of




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                                             S8266                                             CONGRESSIONAL RECORD — SENATE                                                     November 16, 2021
                                             Management and Budget and in consultation               cant number of individuals under subsection               ‘‘(8) PROPOSAL EVALUATION.—The Director
                                             with the impacted agency.                               (b)(1)(D), the Director—                               shall—
                                             ‘‘§ 3598. Major incident definition                       ‘‘(1) may determine a threshold for a min-              ‘‘(A) give consideration for the use of
                                                ‘‘(a) IN GENERAL.—Not later than 180 days            imum number of individuals that constitutes            amounts in the Fund to improve the security
                                             after the date of enactment of the Federal              a significant amount; and                              of high value assets; and
                                             Information Security Modernization Act of                 ‘‘(2) may not determine a threshold de-                 ‘‘(B) require that any proposal for the use
                                             2021, the Director, in coordination with the            scribed in paragraph (1) that exceeds 5,000 in-        of amounts in the Fund includes a cybersecu-
                                             Director of the Cybersecurity and Infrastruc-           dividuals.                                             rity plan, including a supply chain risk man-
                                             ture Security Agency and the National                     ‘‘(d) EVALUATION AND UPDATES.—Not later              agement plan, to be reviewed by the member
                                             Cyber Director, shall develop and promul-               than 2 years after the date of enactment of            of the Technology Modernization Board de-
                                             gate guidance on the definition of the term             the Federal Information Security Moderniza-            scribed in subsection (c)(5)(C).’’; and
                                             ‘major incident’ for the purposes of sub-               tion Act of 2021, and not less frequently than            (C) in subsection (c)—
                                             chapter II and this subchapter.                         every 2 years thereafter, the Director shall              (i) in paragraph (2)(A)(i), by inserting ‘‘, in-
                                                ‘‘(b) REQUIREMENTS.—With respect to the              submit to the Committee on Homeland Secu-              cluding a consideration of the impact on
                                             guidance issued under subsection (a), the def-          rity and Governmental Affairs of the Senate            high value assets’’ after ‘‘operational risks’’;
                                             inition of the term ‘major incident’ shall—             and the Committee on Oversight and Reform                 (ii) in paragraph (5)—
                                                ‘‘(1) include, with respect to any informa-          of the House of Representatives an evalua-                (I) in subparagraph (A), by striking ‘‘and’’
                                             tion collected or maintained by or on behalf            tion, which shall include—                             at the end;
                                             of an agency or an information system used                ‘‘(1) an update, if necessary, to the guid-             (II) in subparagraph (B), by striking the pe-
                                             or operated by an agency or by a contractor             ance issued under subsection (a);                      riod at the end and inserting ‘‘and’’; and
                                             of an agency or another organization on be-               ‘‘(2) the definition of the term ‘major inci-           (III) by adding at the end the following:
                                             half of an agency—                                      dent’ included in the guidance issued under               ‘‘(C) a senior official from the Cybersecu-
                                                ‘‘(A) any incident the head of the agency            subsection (a); and                                    rity and Infrastructure Security Agency of
                                             determines is likely to have an impact on—                ‘‘(3) an explanation of, and the analysis            the Department of Homeland Security, ap-
                                                ‘‘(i) the national security, homeland secu-          that led to, the definition described in para-         pointed by the Director.’’; and
                                             rity, or economic security of the United                graph (2).’’.                                             (iii) in paragraph (6)(A), by striking ‘‘shall
                                             States; or                                                (2) CLERICAL AMENDMENT.—The table of                 be—’’ and all that follows through ‘‘4 em-
                                                ‘‘(ii) the civil liberties or public health and      sections for chapter 35 of title 44, United            ployees’’ and inserting ‘‘shall be 4 employ-
                                             safety of the people of the United States;              States Code, is amended by adding at the end           ees’’.
                                                ‘‘(B) any incident the head of the agency            the following:                                            (b) SUBCHAPTER I.—Subchapter I of subtitle
                                             determines likely to result in an inability                                                                    III of title 40, United States Code, is amend-
                                                                                                      ‘‘SUBCHAPTER IV—FEDERAL SYSTEM INCIDENT               ed—
                                             for the agency, a component of the agency,
                                                                                                                          RESPONSE                             (1) in section 11302—
                                             or the Federal Government, to provide 1 or
                                             more critical services;                                 ‘‘3591. Definitions.                                      (A) in subsection (b), by striking ‘‘use, se-
                                                ‘‘(C) any incident that the head of an agen-         ‘‘3592. Notification of breach.                        curity, and disposal of’’ and inserting ‘‘use,
                                             cy, in consultation with a senior privacy of-           ‘‘3593. Congressional and Executive Branch             and disposal of, and, in consultation with the
                                             ficer of the agency, determines is likely to                           reports.                                Director of the Cybersecurity and Infrastruc-
                                             have a significant privacy impact on 1 or               ‘‘3594. Government information sharing and             ture Security Agency and the National
                                             more individual;                                                       incident response.                      Cyber Director, promote and improve the se-
                                                ‘‘(D) any incident that the head of the              ‘‘3595. Responsibilities of contractors and            curity of,’’;
                                             agency, in consultation with a senior privacy                          awardees.                                  (B) in subsection (c)—
                                             official of the agency, determines is likely to         ‘‘3596. Training.                                         (i) in paragraph (3)—
                                             have a substantial privacy impact on a sig-             ‘‘3597. Analysis and report on Federal inci-              (I) in subparagraph (A)—
                                             nificant number of individuals;                                        dents.                                     (aa) by striking ‘‘including data’’ and in-
                                                ‘‘(E) any incident the head of the agency            ‘‘3598. Major incident definition.’’.                  serting ‘‘which shall—
                                             determines impacts the operations of a high             SEC. 5122. AMENDMENTS TO SUBTITLE III OF                  ‘‘(i) include data’’;
                                             value asset owned or operated by the agency;                       TITLE 40.                                      (bb) in clause (i), as so designated, by
                                                ‘‘(F) any incident involving the exposure of           (a)  MODERNIZING   GOVERNMENT       TECH-            striking ‘‘, and performance’’ and inserting
                                             sensitive agency information to a foreign en-           NOLOGY.—Subtitle G of title X of Division A            ‘‘security, and performance; and’’; and
                                             tity, such as the communications of the head            of the National Defense Authorization Act                 (cc) by adding at the end the following:
                                             of the agency, the head of a component of               for Fiscal Year 2018 (40 U.S.C. 11301 note) is            ‘‘(ii) specifically denote cybersecurity
                                             the agency, or the direct reports of the head           amended—                                               funding under the risk-based cyber budget
                                             of the agency or the head of a component of                (1) in section 1077(b)—                             model developed pursuant to section
                                             the agency; and                                            (A) in paragraph (5)(A), by inserting ‘‘im-         3553(a)(7) of title 44.’’; and
                                                ‘‘(G) any other type of incident determined          proving the cybersecurity of systems and’’                (II) in subparagraph (B), adding at the end
                                             appropriate by the Director;                            before ‘‘cost savings activities’’; and                the following:
                                                ‘‘(2) stipulate that the National Cyber Di-             (B) in paragraph (7)—                                  ‘‘(iii) The Director shall provide to the Na-
                                             rector shall declare a major incident at each              (i) in the paragraph heading, by striking           tional Cyber Director any cybersecurity
                                             agency impacted by an incident if the Direc-            ‘‘CIO’’ and inserting ‘‘CIO’’;                         funding information described in subpara-
                                             tor of the Cybersecurity and Infrastructure                (ii) by striking ‘‘In evaluating projects’’         graph (A)(ii) that is provided to the Director
                                             Security Agency determines that an inci-                and inserting the following:                           under clause (ii) of this subparagraph.’’; and
                                             dent—                                                      ‘‘(A) CONSIDERATION OF GUIDANCE.—In eval-              (ii) in paragraph (4)(B), in the matter pre-
                                                ‘‘(A) occurs at not less than 2 agencies; and        uating projects’’;                                     ceding clause (i), by inserting ‘‘not later
                                                ‘‘(B) is enabled by—                                    (iii) in subparagraph (A), as so designated,        than 30 days after the date on which the re-
                                                ‘‘(i) a common technical root cause, such            by striking ‘‘under section 1094(b)(1)’’ and in-       view under subparagraph (A) is completed,’’
                                             as a supply chain compromise, a common                  serting ‘‘by the Director’’; and                       before ‘‘the Administrator’’;
                                             software or hardware vulnerability; or                     (iv) by adding at the end the following:               (C) in subsection (f)—
                                                ‘‘(ii) the related activities of a common               ‘‘(B) CONSULTATION.—In using funds under               (i) by striking ‘‘heads of executive agencies
                                             threat actor; and                                       paragraph (3)(A), the Chief Information Offi-          to develop’’ and inserting ‘‘heads of execu-
                                                ‘‘(3) stipulate that, in determining whether         cer of the covered agency shall consult with           tive agencies to—
                                             an incident constitutes a major incident be-            the necessary stakeholders to ensure the                  ‘‘(1) develop’’;
                                             cause that incident—                                    project appropriately addresses cybersecu-                (ii) in paragraph (1), as so designated, by
                                                ‘‘(A) is any incident described in paragraph         rity risks, including the Director of the Cy-          striking the period at the end and inserting
                                             (1), the head of an agency shall consult with           bersecurity and Infrastructure Security                ‘‘; and’’; and
                                             the Director of the Cybersecurity and Infra-            Agency, as appropriate.’’; and                            (iii) by adding at the end the following:
                                             structure Security Agency;                                 (2) in section 1078—                                   ‘‘(2) consult with the Director of the Cyber-
                                                ‘‘(B) is an incident described in paragraph             (A) by striking subsection (a) and inserting        security and Infrastructure Security Agency
                                             (1)(A), the head of the agency shall consult            the following:                                         for the development and use of supply chain
                                             with the National Cyber Director; and                      ‘‘(a) DEFINITIONS.—In this section:                 security best practices.’’; and
                                                ‘‘(C) is an incident described in subpara-              ‘‘(1) AGENCY.—The term ‘agency’ has the                (D) in subsection (h), by inserting ‘‘, in-
                                             graph (C) or (D) of paragraph (1), the head of          meaning given the term in section 551 of               cluding cybersecurity performances,’’ after




dlhill on DSK120RN23PROD with SENATE
                                             the agency shall consult with—                          title 5, United States Code.                           ‘‘the performances’’; and
                                                ‘‘(i) the Privacy and Civil Liberties Over-             ‘‘(2) HIGH VALUE ASSET.—The term ‘high                 (2) in section 11303(b)—
                                             sight Board; and                                        value asset’ has the meaning given the term               (A) in paragraph (2)(B)—
                                                ‘‘(ii) the Chair of the Federal Trade Com-           in section 3552 of title 44, United States                (i) in clause (i), by striking ‘‘or’’ at the
                                             mission.                                                Code.’’;                                               end;
                                                ‘‘(c) SIGNIFICANT NUMBER OF INDIVIDUALS.—               (B) in subsection (b), by adding at the end            (ii) in clause (ii), by adding ‘‘or’’ at the
                                             In determining what constitutes a signifi-              the following:                                         end; and




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8267
                                                (iii) by adding at the end the following:              ‘‘(H) agency system risk assessments per-            the Senate and the Committee on Oversight
                                                ‘‘(iii) whether the function should be per-          formed under section 3554(a)(1)(A) of title 44;        and Reform of the House of Representatives
                                             formed by a shared service offered by an-               and                                                    a briefing on the review.
                                             other executive agency;’’; and                            ‘‘(I) any other information determined rel-            ‘‘(f) AUTOMATED STANDARD IMPLEMENTA-
                                                (B) in paragraph (5)(B)(i), by inserting ‘‘,         evant by the head of the agency.’’;                    TION VERIFICATION.—When the Director of
                                             while taking into account the risk-based                  (4) in subsection (d)(2)—                            the National Institute of Standards and
                                             cyber budget model developed pursuant to                  (A) in the paragraph heading, by striking            Technology issues a proposed standard pur-
                                             section 3553(a)(7) of title 44’’ after ‘‘title 31’’.    ‘‘NOTICE AND COMMENT’’ and inserting ‘‘CON-            suant to paragraphs (2) and (3) of section
                                                (c) SUBCHAPTER II.—Subchapter II of sub-             SULTATION, NOTICE, AND COMMENT’’;                      20(a) of the National Institute of Standards
                                             title III of title 40, United States Code, is             (B) by inserting ‘‘promulgate,’’ before ‘‘sig-       and Technology Act (15 U.S.C. 278g–3(a)), the
                                             amended—                                                nificantly modify’’; and                               Director of the National Institute of Stand-
                                                (1) in section 11312(a), by inserting ‘‘, in-          (C) by striking ‘‘shall be made after the            ards and Technology shall consider devel-
                                             cluding security risks’’ after ‘‘managing the           public is given an opportunity to comment              oping and, if appropriate and practical, de-
                                             risks’’;                                                on the Director’s proposed decision.’’ and in-         velop, in consultation with the Director of
                                                                                                     serting ‘‘shall be made—                               the Cybersecurity and Infrastructure Secu-
                                                (2) in section 11313(1), by striking ‘‘effi-
                                                                                                       ‘‘(A) for a decision to significantly modify         rity Agency, specifications to enable the
                                             ciency and effectiveness’’ and inserting ‘‘effi-
                                                                                                     or not promulgate such a proposed standard,            automated verification of the implementa-
                                             ciency, security, and effectiveness’’;
                                                                                                     after the public is given an opportunity to            tion of the controls within the standard.’’.
                                                (3) in section 11315, by adding at the end
                                                                                                     comment on the Director’s proposed deci-               SEC. 5123. ACTIONS TO ENHANCE FEDERAL INCI-
                                             the following:                                                                                                             DENT RESPONSE.
                                                ‘‘(d) COMPONENT AGENCY CHIEF INFORMA-                sion;
                                                                                                       ‘‘(B) in consultation with the Chief Infor-            (a) RESPONSIBILITIES OF THE CYBERSECU-
                                             TION OFFICERS.—The Chief Information Offi-                                                                     RITY AND INFRASTRUCTURE SECURITY AGEN-
                                             cer or an equivalent official of a component            mation Officers Council, the Director of the
                                                                                                     Cybersecurity and Infrastructure Security              CY.—
                                             agency shall report to—                                                                                          (1) IN GENERAL.—Not later than 180 days
                                                ‘‘(1) the Chief Information Officer des-             Agency, the National Cyber Director, the
                                                                                                     Comptroller General of the United States,              after the date of enactment of this Act, the
                                             ignated under section 3506(a)(2) of title 44 or                                                                Director of the Cybersecurity and Infrastruc-
                                             an equivalent official of the agency of which           and the Council of the Inspectors General on
                                                                                                     Integrity and Efficiency;                              ture Security Agency shall—
                                             the component agency is a component; and                                                                         (A) develop a plan for the development of
                                                                                                       ‘‘(C) considering the Federal risk assess-
                                                ‘‘(2) the head of the component agency.’’;                                                                  the analysis required under section 3597(a) of
                                                                                                     ments performed under section 3553(i) of title
                                                (4) in section 11317, by inserting ‘‘secu-                                                                  title 44, United States Code, as added by this
                                                                                                     44; and
                                             rity,’’ before ‘‘or schedule’’; and                                                                            division, and the report required under sub-
                                                                                                       ‘‘(D) considering the extent to which the
                                                (5) in section 11319(b)(1), in the paragraph                                                                section (b) of that section that includes—
                                                                                                     proposed standard reduces risk relative to
                                             heading, by striking ‘‘CIOS’’ and inserting                                                                      (i) a description of any challenges the Di-
                                                                                                     the cost of implementation of the stand-
                                             ‘‘CHIEF INFORMATION OFFICERS’’.                                                                                rector anticipates encountering; and
                                                                                                     ard.’’; and
                                                (d) SUBCHAPTER III.—Section 11331 of title             (5) by adding at the end the following:                (ii) the use of automation and machine-
                                             40, United States Code, is amended—                       ‘‘(e) REVIEW OF OFFICE OF MANAGEMENT                 readable formats for collecting, compiling,
                                                (1) in subsection (a), by striking ‘‘section         AND BUDGET GUIDANCE AND POLICY.—                       monitoring, and analyzing data; and
                                             3532(b)(1)’’ and inserting ‘‘section 3552(b)’’;           ‘‘(1) CONDUCT OF REVIEW.—                              (B) provide to the appropriate congres-
                                                (2) in subsection (b)(1)(A), by striking ‘‘the         ‘‘(A) IN GENERAL.—Not less frequently than           sional committees a briefing on the plan de-
                                             Secretary of Homeland Security’’ and insert-            once every 3 years, the Director of the Office         veloped under subparagraph (A).
                                             ing ‘‘the Director of the Cybersecurity and             of Management and Budget, in consultation                (2) BRIEFING.—Not later than 1 year after
                                             Infrastructure Security Agency’’;                       with the Chief Information Officers Council,           the date of enactment of this Act, the Direc-
                                                (3) by striking subsection (c) and inserting         the Director of the Cybersecurity and Infra-           tor of the Cybersecurity and Infrastructure
                                             the following:                                          structure Security Agency, the National                Security Agency shall provide to the appro-
                                                ‘‘(c) APPLICATION OF MORE STRINGENT                  Cyber Director, the Comptroller General of             priate congressional committees a briefing
                                             STANDARDS.—                                             the United States, and the Council of the In-          on—
                                                ‘‘(1) IN GENERAL.—The head of an agency              spectors General on Integrity and Efficiency             (A) the execution of the plan required
                                             shall—                                                  shall review the efficacy of the guidance and          under paragraph (1)(A); and
                                                ‘‘(A) evaluate, in consultation with the             policy promulgated by the Director in reduc-             (B) the development of the report required
                                             senior agency information security officers,            ing cybersecurity risks, including an assess-          under section 3597(b) of title 44, United
                                             the need to employ standards for cost-effec-            ment of the requirements for agencies to re-           States Code, as added by this division.
                                             tive, risk-based information security for all           port information to the Director, and deter-             (b) RESPONSIBILITIES OF THE DIRECTOR OF
                                             systems, operations, and assets within or               mine whether any changes to that guidance              THE OFFICE OF MANAGEMENT AND BUDGET.—
                                             under the supervision of the agency that are            or policy is appropriate.                                (1) FISMA.—Section 2 of the Federal Infor-
                                             more stringent than the standards promul-                 ‘‘(B) FEDERAL RISK ASSESSMENTS.—In con-              mation Security Modernization Act of 2014
                                             gated by the Director under this section, if            ducting the review described in subparagraph           (44 U.S.C. 3554 note) is amended—
                                             such standards contain, at a minimum, the               (A), the Director shall consider the Federal             (A) by striking subsection (b); and
                                             provisions of those applicable standards                risk assessments performed under section                 (B) by redesignating subsections (c)
                                             made compulsory and binding by the Direc-               3553(i) of title 44.                                   through (f) as subsections (b) through (e), re-
                                             tor; and                                                  ‘‘(2) UPDATED GUIDANCE.—Not later than 90            spectively.
                                                ‘‘(B) to the greatest extent practicable and         days after the date on which a review is com-            (2) INCIDENT DATA SHARING.—
                                             if the head of the agency determines that the           pleted under paragraph (1), the Director of              (A) IN GENERAL.—The Director shall de-
                                             standards described in subparagraph (A) are             the Office of Management and Budget shall              velop guidance, to be updated not less fre-
                                             necessary, employ those standards.                      issue updated guidance or policy to agencies           quently than once every 2 years, on the con-
                                                ‘‘(2) EVALUATION OF MORE STRINGENT STAND-            determined appropriate by the Director,                tent, timeliness, and format of the informa-
                                             ARDS.—In evaluating the need to employ                  based on the results of the review.                    tion provided by agencies under section
                                             more stringent standards under paragraph                  ‘‘(3) PUBLIC REPORT.—Not later than 30               3594(a) of title 44, United States Code, as
                                             (1), the head of an agency shall consider               days after the date on which a review is com-          added by this division.
                                             available risk information, such as—                    pleted under paragraph (1), the Director of              (B) REQUIREMENTS.—The guidance devel-
                                                ‘‘(A) the status of cybersecurity remedial           the Office of Management and Budget shall              oped under subparagraph (A) shall—
                                             actions of the agency;                                  make publicly available a report that in-                (i) prioritize the availability of data nec-
                                                ‘‘(B) any vulnerability information relat-           cludes—                                                essary to understand and analyze—
                                             ing to agency systems that is known to the                ‘‘(A) an overview of the guidance and pol-             (I) the causes of incidents;
                                             agency;                                                 icy promulgated under this section that is               (II) the scope and scale of incidents within
                                                ‘‘(C) incident information of the agency;            currently in effect;                                   the environments and systems of an agency;
                                                ‘‘(D) information from—                                ‘‘(B) the cybersecurity risk mitigation, or            (III) a root cause analysis of incidents
                                                ‘‘(i) penetration testing performed under            other cybersecurity benefit, offered by each           that—
                                             section 3559A of title 44; and                          guidance or policy document described in                 (aa) are common across the Federal Gov-
                                                ‘‘(ii) information from the vulnerability            subparagraph (A); and                                  ernment; or
                                             disclosure program established under section              ‘‘(C) a summary of the guidance or policy              (bb) have a Government-wide impact;
                                             3559B of title 44;                                      to which changes were determined appro-                  (IV) agency response, recovery, and reme-




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                                                ‘‘(E) agency threat hunting results under            priate during the review and what the                  diation actions and the effectiveness of those
                                             section 5145 of the Federal Information Secu-           changes are anticipated to include.                    actions; and
                                             rity Modernization Act of 2021;                           ‘‘(4) CONGRESSIONAL BRIEFING.—Not later                (V) the impact of incidents;
                                                ‘‘(F) Federal and non-Federal cyber threat           than 30 days after the date on which a review            (ii) enable the efficient development of—
                                             intelligence;                                           is completed under paragraph (1), the Direc-             (I) lessons learned and recommendations in
                                                ‘‘(G) data on compliance with standards              tor shall provide to the Committee on Home-            responding to, recovering from, remediating,
                                             issued under this section;                              land Security and Governmental Affairs of              and mitigating future incidents; and




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                                             S8268                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                               (II) the report on Federal incidents re-                (2) implementing additional cybersecurity              (d) BRIEFING.—Not later than 60 days after
                                             quired under section 3597(b) of title 44,               procedures, which shall include resources for          the date on which the Director issues guid-
                                             United States Code, as added by this divi-              shared services;                                       ance under subsection (a)(2), the Director, in
                                             sion;                                                     (3) establishing a process for providing the         coordination with the Director of the Cyber-
                                               (iii) include requirements for the timeli-            status of each remedial action under section           security and Infrastructure Security Agency,
                                             ness of data production; and                            3554(b)(7) of title 44, United States Code, as         shall provide to the appropriate congres-
                                               (iv) include requirements for using auto-             amended by this division, to the Director              sional committees a briefing on the guid-
                                             mation and machine-readable data for data               and the Cybersecurity and Infrastructure Se-           ance.
                                             sharing and availability.                               curity Agency using automation and ma-                 SEC. 5142. DATA AND LOGGING RETENTION FOR
                                               (3) GUIDANCE ON RESPONDING TO INFORMA-                chine-readable data, as practicable, which                         INCIDENT RESPONSE.
                                             TION REQUESTS.—Not later than 1 year after              shall include—                                           (a) RECOMMENDATIONS.—Not later than 2
                                             the date of enactment of this Act, the Direc-             (A) specific guidance for the use of auto-           years after the date of enactment of this
                                             tor shall develop guidance for agencies to              mation and machine-readable data; and                  Act, and not less frequently than every 2
                                             implement the requirement under section                   (B) templates for providing the status of            years thereafter, the Director of the Cyberse-
                                             3594(c) of title 44, United States Code, as             the remedial action;                                   curity and Infrastructure Security Agency,
                                             added by this division, to provide informa-               (4) interpreting the definition of ‘‘high            in consultation with the Attorney General,
                                             tion to other agencies experiencing inci-               value asset’’ under section 3552 of title 44,          shall submit to the Director recommenda-
                                             dents.                                                  United States Code, as amended by this divi-           tions on requirements for logging events on
                                               (4) STANDARD GUIDANCE AND TEMPLATES.—                 sion; and                                              agency systems and retaining other relevant
                                             Not later than 1 year after the date of enact-            (5) a requirement to coordinate with in-             data within the systems and networks of an
                                             ment of this Act, the Director, in consulta-            spectors general of agencies to ensure con-            agency.
                                             tion with the Director of the Cybersecurity             sistent understanding and application of                 (b) CONTENTS.—The recommendations pro-
                                             and Infrastructure Security Agency, shall               agency policies for the purpose of evalua-             vided under subsection (a) shall include—
                                             develop guidance and templates, to be re-               tions by inspectors general.                             (1) the types of logs to be maintained;
                                             viewed and, if necessary, updated not less              SEC. 5125. AGENCY REQUIREMENTS TO NOTIFY                 (2) the time periods to retain the logs and
                                             frequently than once every 2 years, for use                         PRIVATE SECTOR ENTITIES IM-                other relevant data;
                                             by Federal agencies in the activities re-                           PACTED BY INCIDENTS.                         (3) the time periods for agencies to enable
                                             quired under sections 3592, 3593, and 3596 of             (a) DEFINITIONS.—In this section:                    recommended logging and security require-
                                             title 44, United States Code, as added by this            (1) REPORTING ENTITY.—The term ‘‘report-             ments;
                                             division.                                               ing entity’’ means private organization or               (4) how to ensure the confidentiality, in-
                                               (5) CONTRACTOR AND AWARDEE GUIDANCE.—                 governmental unit that is required by stat-            tegrity, and availability of logs;
                                               (A) IN GENERAL.—Not later than 1 year                 ute or regulation to submit sensitive infor-             (5) requirements to ensure that, upon re-
                                             after the date of enactment of this Act, the            mation to an agency.                                   quest, in a manner that excludes or other-
                                             Director, in coordination with the Secretary               (2) SENSITIVE INFORMATION.—The term                 wise reasonably protects personally identifi-
                                             of Homeland Security, the Secretary of De-              ‘‘sensitive information’’ has the meaning              able information, and to the extent per-
                                             fense, the Administrator of General Services,           given the term by the Director in guidance             mitted by applicable law (including privacy
                                             and the heads of other agencies determined              issued under subsection (b).                           and statistical laws), agencies provide logs
                                             appropriate by the Director, shall issue guid-             (b) GUIDANCE ON NOTIFICATION OF REPORT-             to—
                                                                                                     ING ENTITIES.—Not later than 180 days after              (A) the Director of the Cybersecurity and
                                             ance to Federal agencies on how to
                                                                                                     the date of enactment of this Act, the Direc-          Infrastructure Security Agency for a cyber-
                                             deconflict, to the greatest extent prac-
                                                                                                     tor shall issue guidance requiring the head of         security purpose; and
                                             ticable, existing regulations, policies, and
                                                                                                     each agency to notify a reporting entity of              (B) the Federal Bureau of Investigation to
                                             procedures relating to the responsibilities of
                                                                                                     an incident that is likely to substantially af-        investigate potential criminal activity; and
                                             contractors and awardees established under              fect—
                                             section 3595 of title 44, United States Code,                                                                    (6) requirements to ensure that, subject to
                                                                                                        (1) the confidentiality or integrity of sen-        compliance with statistical laws and other
                                             as added by this division.                              sitive information submitted by the report-
                                               (B) EXISTING PROCESSES.—To the greatest                                                                      relevant data protection requirements, the
                                                                                                     ing entity to the agency pursuant to a statu-          highest level security operations center of
                                             extent practicable, the guidance issued under           tory or regulatory requirement; or
                                             subparagraph (A) shall allow contractors and                                                                   each agency has visibility into all agency
                                                                                                        (2) the agency information system or sys-           logs.
                                             awardees to use existing processes for noti-            tems used in the transmission or storage of              (c) GUIDANCE.—Not later than 90 days after
                                             fying Federal agencies of incidents involving           the sensitive information described in para-           receiving the recommendations submitted
                                             information of the Federal Government.                  graph (1).                                             under subsection (a), the Director, in con-
                                               (6) UPDATED BRIEFINGS.—Not less fre-
                                                                                                            TITLE LII—IMPROVING FEDERAL                     sultation with the Director of the Cybersecu-
                                             quently than once every 2 years, the Direc-
                                                                                                                    CYBERSECURITY                           rity and Infrastructure Security Agency and
                                             tor shall provide to the appropriate congres-
                                                                                                     SEC. 5141. MOBILE SECURITY STANDARDS.                  the Attorney General, shall, as determined
                                             sional committees an update on the guidance                                                                    to be appropriate by the Director, update
                                             and templates developed under paragraphs                  (a) IN GENERAL.—Not later than 1 year
                                                                                                     after the date of enactment of this Act, the           guidance to agencies regarding requirements
                                             (2) through (4).                                                                                               for logging, log retention, log management,
                                                                                                     Director shall—
                                               (c) UPDATE TO THE PRIVACY ACT OF 1974.—                 (1) evaluate mobile application security             sharing of log data with other appropriate
                                             Section 552a(b) of title 5, United States Code          guidance promulgated by the Director; and              agencies, or any other logging activity deter-
                                             (commonly known as the ‘‘Privacy Act of                   (2) issue guidance to secure mobile devices,         mined to be appropriate by the Director.
                                             1974’’) is amended—                                     including for mobile applications, for every           SEC. 5143. CISA AGENCY ADVISORS.
                                               (1) in paragraph (11), by striking ‘‘or’’ at          agency.                                                  (a) IN GENERAL.—Not later than 120 days
                                             the end;                                                  (b) CONTENTS.—The guidance issued under              after the date of enactment of this Act, the
                                               (2) in paragraph (12), by striking the period         subsection (a)(2) shall include—                       Director of the Cybersecurity and Infrastruc-
                                             at the end and inserting ‘‘; or’’; and                    (1) a requirement, pursuant to section               ture Security Agency shall assign not less
                                               (3) by adding at the end the following:               3506(b)(4) of title 44, United States Code, for        than 1 cybersecurity professional employed
                                               ‘‘(13) to another agency in furtherance of a          every agency to maintain a continuous in-              by the Cybersecurity and Infrastructure Se-
                                             response to an incident (as defined in section          ventory of every—                                      curity Agency to be the Cybersecurity and
                                             3552 of title 44) and pursuant to the informa-            (A) mobile device operated by or on behalf           Infrastructure Security Agency advisor to
                                             tion sharing requirements in section 3594 of            of the agency; and                                     the senior agency information security offi-
                                             title 44 if the head of the requesting agency             (B) vulnerability identified by the agency           cer of each agency.
                                             has made a written request to the agency                associated with a mobile device; and                     (b) QUALIFICATIONS.—Each advisor assigned
                                             that maintains the record specifying the par-             (2) a requirement for every agency to per-           under subsection (a) shall have knowledge
                                             ticular portion desired and the activity for            form     continuous      evaluation   of    the        of—
                                             which the record is sought.’’.                          vulnerabilities described in paragraph (1)(B)            (1) cybersecurity threats facing agencies,
                                                                                                     and other risks associated with the use of ap-         including any specific threats to the as-
                                             SEC. 5124. ADDITIONAL GUIDANCE TO AGENCIES
                                                         ON FISMA UPDATES.                           plications on mobile devices.                          signed agency;
                                                                                                       (c) INFORMATION SHARING.—The Director,                 (2) performing risk assessments of agency
                                               Not later than 1 year after the date of en-           in coordination with the Director of the Cy-           systems; and
                                             actment of this Act, the Director, in coordi-           bersecurity and Infrastructure Security                  (3) other Federal cybersecurity initiatives.




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                                             nation with the Director of the Cybersecu-              Agency, shall issue guidance to agencies for             (c) DUTIES.—The duties of each advisor as-
                                             rity and Infrastructure Security Agency,                sharing the inventory of the agency required           signed under subsection (a) shall include—
                                             shall issue guidance for agencies on—                   under subsection (b)(1) with the Director of             (1) providing ongoing assistance and ad-
                                               (1) performing the ongoing and continuous             the Cybersecurity and Infrastructure Secu-             vice, as requested, to the agency Chief Infor-
                                             agency system risk assessment required                  rity Agency, using automation and machine-             mation Officer;
                                             under section 3554(a)(1)(A) of title 44, United         readable data to the greatest extent prac-               (2) serving as an incident response point of
                                             States Code, as amended by this division;               ticable.                                               contact between the assigned agency and the




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8269
                                             Cybersecurity and Infrastructure Security                  ‘‘(3) develop and maintain a centralized ca-        of the Cybersecurity and Infrastructure Se-
                                             Agency; and                                             pability to offer penetration testing as a             curity Agency shall develop a plan to estab-
                                               (3) familiarizing themselves with agency              service to Federal and non-Federal entities;           lish the program required under paragraph
                                             systems, processes, and procedures to better            and                                                    (1) that describes how the Director of the Cy-
                                             facilitate support to the agency in respond-               ‘‘(4) provide guidance to agencies on the           bersecurity and Infrastructure Security
                                             ing to incidents.                                       best use of penetration testing resources.             Agency plans to—
                                               (d) LIMITATION.—An advisor assigned under                ‘‘(e) RESPONSIBILITIES OF OMB.—The Direc-             (A) determine the method for collecting,
                                             subsection (a) shall not be a contractor.               tor, in coordination with the Director of the          storing, accessing, and analyzing appropriate
                                               (e) MULTIPLE ASSIGNMENTS.—One indi-                   Cybersecurity and Infrastructure Security              agency data;
                                             vidual advisor may be assigned to multiple              Agency, shall—                                           (B) provide on-premises support to agen-
                                             agency Chief Information Officers under sub-               ‘‘(1) not less frequently than annually, in-        cies;
                                             section (a).                                            ventory all Federal penetration testing as-              (C) staff threat hunting services;
                                             SEC. 5144. FEDERAL PENETRATION TESTING POL-             sets; and                                                (D) allocate available human and financial
                                                          ICY.                                          ‘‘(2) develop and maintain a standardized           resources to implement the plan; and
                                               (a) IN GENERAL.—Subchapter II of chapter              process for the use of penetration testing.              (E) provide input to the heads of agencies
                                             35 of title 44, United States Code, is amended             ‘‘(f) PRIORITIZATION OF PENETRATION TEST-           on the use of—
                                             by adding at the end the following:                     ING RESOURCES.—                                          (i) more stringent standards under section
                                             ‘‘§ 3559A. Federal penetration testing                     ‘‘(1) IN GENERAL.—The Director, in coordi-          11331(c)(1) of title 40, United States Code; and
                                                ‘‘(a) DEFINITIONS.—In this section:                  nation with the Director of the Cybersecu-               (ii) additional cybersecurity procedures
                                                ‘‘(1) AGENCY OPERATIONAL PLAN.—The term              rity and Infrastructure Security Agency,               under section 3554 of title 44, United States
                                             ‘agency operational plan’ means a plan of an            shall develop a framework for prioritizing             Code.
                                             agency for the use of penetration testing.              Federal penetration testing resources among              (b) REPORTS.—The Director of the Cyberse-
                                                ‘‘(2) RULES OF ENGAGEMENT.—The term                  agencies.                                              curity and Infrastructure Security Agency
                                             ‘rules of engagement’ means a set of rules es-             ‘‘(2) CONSIDERATIONS.—In developing the             shall submit to the appropriate congres-
                                             tablished by an agency for the use of pene-             framework under this subsection, the Direc-            sional committees—
                                             tration testing.                                        tor shall consider—                                      (1) not later than 30 days after the date on
                                                ‘‘(b) GUIDANCE.—                                        ‘‘(A) agency system risk assessments per-           which the Director of the Cybersecurity and
                                                ‘‘(1) IN GENERAL.—The Director shall issue           formed under section 3554(a)(1)(A);                    Infrastructure Security Agency completes
                                             guidance that—                                             ‘‘(B) the Federal risk assessment per-              the plan required under subsection (a)(2), a
                                                ‘‘(A) requires agencies to use, when and             formed under section 3553(i);                          report on the plan to provide threat hunting
                                             where appropriate, penetration testing on                  ‘‘(C) the analysis of Federal incident data         services to agencies;
                                             agency systems; and                                     performed under section 3597; and                        (2) not less than 30 days before the date on
                                                ‘‘(B) requires agencies to develop an agen-             ‘‘(D) any other information determined ap-          which the Director of the Cybersecurity and
                                             cy operational plan and rules of engagement             propriate by the Director or the Director of           Infrastructure Security Agency begins pro-
                                             that meet the requirements under subsection             the Cybersecurity and Infrastructure Secu-             viding threat hunting services under the pro-
                                             (c).                                                    rity Agency.                                           gram under subsection (a)(1), a report pro-
                                                ‘‘(2) PENETRATION TESTING GUIDANCE.—The                 ‘‘(g) EXCEPTION FOR NATIONAL SECURITY               viding any updates to the plan developed
                                             guidance issued under this section shall—               SYSTEMS.—The guidance issued under sub-                under subsection (a)(2); and
                                                ‘‘(A) permit an agency to use, for the pur-          section (b) shall not apply to national secu-            (3) not later than 1 year after the date on
                                             pose of performing penetration testing—                 rity systems.                                          which the Director of the Cybersecurity and
                                                ‘‘(i) a shared service of the agency or an-             ‘‘(h) DELEGATION OF AUTHORITY FOR CER-              Infrastructure Security Agency begins pro-
                                             other agency; or                                        TAIN SYSTEMS.—The authorities of the Direc-            viding threat hunting services to agencies
                                                ‘‘(ii) an external entity, such as a vendor;         tor described in subsection (b) shall be dele-         other than the Cybersecurity and Infrastruc-
                                             and                                                     gated—                                                 ture Security Agency, a report describing
                                                ‘‘(B) require agencies to provide the rules             ‘‘(1) to the Secretary of Defense in the case       lessons learned from providing those serv-
                                             of engagement and results of penetration                of systems described in section 3553(e)(2); and        ices.
                                             testing to the Director and the Director of                ‘‘(2) to the Director of National Intel-            SEC. 5146. CODIFYING VULNERABILITY DISCLO-
                                                                                                     ligence in the case of systems described in                        SURE PROGRAMS.
                                             the Cybersecurity and Infrastructure Secu-
                                             rity Agency, without regard to the status of            3553(e)(3).’’.                                           (a) IN GENERAL.—Chapter 35 of title 44,
                                             the entity that performs the penetration                   (b) DEADLINE FOR GUIDANCE.—Not later                United States Code, is amended by inserting
                                             testing.                                                than 180 days after the date of enactment of           after section 3559A, as added by section 5144
                                                ‘‘(c) AGENCY PLANS AND RULES OF ENGAGE-              this Act, the Director shall issue the guid-           of this division, the following:
                                             MENT.—The agency operational plan and                   ance required under section 3559A(b) of title          ‘‘§ 3559B. Federal vulnerability disclosure
                                             rules of engagement of an agency shall—                 44, United States Code, as added by sub-                  programs
                                                ‘‘(1) require the agency to—                         section (a).                                              ‘‘(a) DEFINITIONS.—In this section:
                                                ‘‘(A) perform penetration testing on the                (c) CLERICAL AMENDMENT.—The table of                   ‘‘(1) REPORT.—The term ‘report’ means a
                                             high value assets of the agency; or                     sections for chapter 35 of title 44, United            vulnerability disclosure made to an agency
                                                ‘‘(B) coordinate with the Director of the            States Code, is amended by adding after the            by a reporter.
                                             Cybersecurity and Infrastructure Security               item relating to section 3559 the following:              ‘‘(2) REPORTER.—The term ‘reporter’ means
                                             Agency to ensure that penetration testing is            ‘‘3559A. Federal penetration testing.’’.               an individual that submits a vulnerability
                                             being performed;                                           (d) PENETRATION TESTING BY THE SEC-                 report pursuant to the vulnerability disclo-
                                                ‘‘(2) establish guidelines for avoiding, as a        RETARY OF HOMELAND SECURITY.—Section                   sure process of an agency.
                                             result of penetration testing—                          3553(b) of title 44, United States Code, as               ‘‘(b) RESPONSIBILITIES OF OMB.—
                                                ‘‘(A) adverse impacts to the operations of           amended by section 5121, is further amend-                ‘‘(1) LIMITATION ON LEGAL ACTION.—The Di-
                                             the agency;                                             ed—                                                    rector, in consultation with the Attorney
                                                ‘‘(B) adverse impacts to operational envi-              (1) in paragraph (8)(B), by striking ‘‘and’’        General, shall issue guidance to agencies to
                                             ronments and systems of the agency; and                 at the end;                                            not recommend or pursue legal action
                                                ‘‘(C) inappropriate access to data;                     (2) by redesignating paragraph (9) as para-         against a reporter or an individual that con-
                                                ‘‘(3) require the results of penetration test-       graph (10); and                                        ducts a security research activity that the
                                             ing to include feedback to improve the cy-                 (3) by inserting after paragraph (8) the fol-       head of the agency determines—
                                             bersecurity of the agency; and                          lowing:                                                   ‘‘(A) represents a good faith effort to fol-
                                                ‘‘(4) include mechanisms for providing con-             ‘‘(9) performing penetration testing with or        low the vulnerability disclosure policy of the
                                             sistently formatted, and, if applicable, auto-          without advance notice to, or authorization            agency developed under subsection (d)(2);
                                             mated and machine-readable, data to the Di-             from, agencies, to identify vulnerabilities            and
                                             rector and the Director of the Cybersecurity            within Federal information systems; and’’.                ‘‘(B) is authorized under the vulnerability
                                             and Infrastructure Security Agency.                     SEC. 5145. ONGOING THREAT HUNTING PRO-                 disclosure policy of the agency developed
                                                ‘‘(d) RESPONSIBILITIES OF CISA.—The Di-                         GRAM.                                       under subsection (d)(2).
                                             rector of the Cybersecurity and Infrastruc-               (a) THREAT HUNTING PROGRAM.—                            ‘‘(2) SHARING INFORMATION WITH CISA.—The
                                             ture Security Agency shall—                               (1) IN GENERAL.—Not later than 540 days              Director, in coordination with the Director
                                                ‘‘(1) establish a process to assess the per-         after the date of enactment of this Act, the           of the Cybersecurity and Infrastructure Se-




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                                             formance of penetration testing by both Fed-            Director of the Cybersecurity and Infrastruc-          curity Agency and in consultation with the
                                             eral and non-Federal entities that estab-               ture Security Agency shall establish a pro-            National Cyber Director, shall issue guid-
                                             lishes minimum quality controls for penetra-            gram to provide ongoing, hypothesis-driven             ance to agencies on sharing relevant infor-
                                             tion testing;                                           threat-hunting services on the network of              mation in a consistent, automated, and ma-
                                                ‘‘(2) develop operational guidance for insti-        each agency.                                           chine readable manner with the Cybersecu-
                                             tuting penetration testing programs at agen-              (2) PLAN.—Not later than 180 days after the          rity and Infrastructure Security Agency, in-
                                             cies;                                                   date of enactment of this Act, the Director            cluding—




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                                             S8270                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                               ‘‘(A) any valid or credible reports of newly          disclosure program established under this              automation under paragraphs (1), (5)(C) and
                                             discovered       or   not    publicly    known          section.                                               (8)(B) of section 3554(b) of title 44, United
                                             vulnerabilities (including misconfigurations)              ‘‘(f) CONGRESSIONAL REPORTING.—Not later            States Code.
                                             on Federal information systems that use                 than 90 days after the date of enactment of              (b) GAO REPORT.—Not later than 1 year
                                             commercial software or services;                        the Federal Information Security Moderniza-            after the date of enactment of this Act, the
                                               ‘‘(B) information relating to vulnerability           tion Act of 2021, and annually thereafter for          Comptroller General of the United States
                                             disclosure, coordination, or remediation ac-            a 3-year period, the Director shall provide to         shall perform a study on the use of automa-
                                             tivities of an agency, particularly as those            the Committee on Homeland Security and                 tion and machine readable data across the
                                             activities relate to outside organizations—             Governmental Affairs of the Senate and the             Federal Government for cybersecurity pur-
                                               ‘‘(i) with which the head of the agency be-           Committee on Oversight and Reform of the               poses, including the automated updating of
                                             lieves the Director of the Cybersecurity and            House of Representatives a briefing on the             cybersecurity tools, sensors, or processes by
                                             Infrastructure Security Agency can assist;              status of the use of vulnerability disclosure          agencies.
                                             or                                                      policies under this section at agencies, in-           SEC. 5149. EXTENSION OF FEDERAL ACQUISITION
                                               ‘‘(ii) about which the head of the agency             cluding, with respect to the guidance issued                        SECURITY COUNCIL.
                                             believes the Director of the Cybersecurity              under subsection (b)(3), an identification of            Section 1328 of title 41, United States Code,
                                             and Infrastructure Security Agency should               the agencies that are compliant and not                is amended by striking ‘‘the date that’’ and
                                             know; and                                               compliant.                                             all that follows and inserting ‘‘December 31,
                                               ‘‘(C) any other information with respect to              ‘‘(g) EXEMPTIONS.—The authorities and               2026.’’.
                                             which the head of the agency determines                 functions of the Director and Director of the          SEC. 5150. COUNCIL OF THE INSPECTORS GEN-
                                             helpful or necessary to involve the Cyberse-            Cybersecurity and Infrastructure Security                          ERAL ON INTEGRITY AND EFFI-
                                             curity and Infrastructure Security Agency.              Agency under this section shall not apply to                       CIENCY DASHBOARD.
                                               ‘‘(3) AGENCY VULNERABILITY DISCLOSURE                 national security systems.                               (a) DASHBOARD REQUIRED.—Section 11(e)(2)
                                             POLICIES.—The Director shall issue guidance                ‘‘(h) DELEGATION OF AUTHORITY FOR CER-              of the Inspector General Act of 1978 (5 U.S.C.
                                             to agencies on the required minimum scope               TAIN SYSTEMS.—The authorities of the Direc-            App.) is amended—
                                             of agency systems covered by the vulner-                tor and the Director of the Cybersecurity                (1) in subparagraph (A), by striking ‘‘and’’
                                             ability disclosure policy of an agency re-              and Infrastructure Security Agency de-                 at the end;
                                             quired under subsection (d)(2).                         scribed in this section shall be delegated—              (2) by redesignating subparagraph (B) as
                                               ‘‘(c) RESPONSIBILITIES OF CISA.—The Direc-               ‘‘(1) to the Secretary of Defense in the case
                                             tor of the Cybersecurity and Infrastructure                                                                    subparagraph (C); and
                                                                                                     of systems described in section 3553(e)(2); and          (3) by inserting after subparagraph (A) the
                                             Security Agency shall—                                     ‘‘(2) to the Director of National Intel-
                                               ‘‘(1) provide support to agencies with re-                                                                   following:
                                                                                                     ligence in the case of systems described in              ‘‘(B) that shall include a dashboard of open
                                             spect to the implementation of the require-             section 3553(e)(3).’’.
                                             ments of this section;                                                                                         information security recommendations iden-
                                                                                                        (b) CLERICAL AMENDMENT.—The table of                tified in the independent evaluations re-
                                               ‘‘(2) develop tools, processes, and other             sections for chapter 35 of title 44, United
                                             mechanisms determined appropriate to offer                                                                     quired by section 3555(a) of title 44, United
                                                                                                     States Code, is amended by adding after the            States Code; and’’.
                                             agencies capabilities to implement the re-              item relating to section 3559A, as added by
                                             quirements of this section; and                                                                                SEC.   5151. QUANTITATIVE CYBERSECURITY
                                                                                                     section 204, the following:                                       METRICS.
                                               ‘‘(3) upon a request by an agency, assist the
                                             agency in the disclosure to vendors of newly            ‘‘3559B. Federal vulnerability disclosure pro-           (a) DEFINITION OF COVERED METRICS.—In
                                             identified vulnerabilities in vendor products                           grams.’’.                              this section, the term ‘‘covered metrics’’
                                             and services.                                           SEC. 5147. IMPLEMENTING PRESUMPTION OF                 means the metrics established, reviewed, and
                                               ‘‘(d) RESPONSIBILITIES OF AGENCIES.—                             COMPROMISE AND LEAST PRIVI-                 updated under section 224(c) of the Cyberse-
                                                                                                                LEGE PRINCIPLES.                            curity Act of 2015 (6 U.S.C. 1522(c)).
                                               ‘‘(1) PUBLIC INFORMATION.—The head of
                                             each agency shall make publicly available,                (a) GUIDANCE.—Not later than 1 year after              (b) UPDATING AND ESTABLISHING METRICS.—
                                             with respect to each internet domain under              the date of enactment of this Act, the Direc-          Not later than 1 year after the date of enact-
                                             the control of the agency that is not a na-             tor shall provide an update to the appro-              ment of this Act, the Director of the Cyber-
                                             tional security system—                                 priate congressional committees on progress            security and Infrastructure Security Agency,
                                               ‘‘(A) an appropriate security contact; and            in increasing the internal defenses of agency          in coordination with the Director, shall—
                                               ‘‘(B) the component of the agency that is             systems, including—                                      (1) evaluate any covered metrics estab-
                                             responsible for the internet accessible serv-             (1) shifting away from ‘‘trusted networks’’          lished as of the date of enactment of this
                                             ices offered at the domain.                             to implement security controls based on a              Act; and
                                               ‘‘(2) VULNERABILITY DISCLOSURE POLICY.—               presumption of compromise;                               (2) as appropriate and pursuant to section
                                             The head of each agency shall develop and                 (2) implementing principles of least privi-          224(c) of the Cybersecurity Act of 2015 (6
                                             make publicly available a vulnerability dis-            lege in administering information security             U.S.C. 1522(c))—
                                             closure policy for the agency, which shall—             programs;                                                (A) update the covered metrics; and
                                               ‘‘(A) describe—                                         (3) limiting the ability of entities that              (B) establish new covered metrics.
                                               ‘‘(i) the scope of the systems of the agency          cause incidents to move laterally through or             (c) IMPLEMENTATION.—
                                             included in the vulnerability disclosure pol-           between agency systems;                                  (1) IN GENERAL.—Not later than 540 days
                                             icy;                                                      (4) identifying incidents quickly;                   after the date of enactment of this Act, the
                                               ‘‘(ii) the type of information system test-             (5) isolating and removing unauthorized              Director, in coordination with the Director
                                             ing that is authorized by the agency;                   entities from agency systems quickly;                  of the Cybersecurity and Infrastructure Se-
                                               ‘‘(iii) the type of information system test-            (6) otherwise increasing the resource costs          curity Agency, shall promulgate guidance
                                             ing that is not authorized by the agency; and           for entities that cause incidents to be suc-           that requires each agency to use covered
                                               ‘‘(iv) the disclosure policy of the agency for        cessful; and                                           metrics to track trends in the cybersecurity
                                             sensitive information;                                    (7) a summary of the agency progress re-             and incident response capabilities of the
                                               ‘‘(B) with respect to a report to an agency,          ports required under subsection (b).                   agency.
                                             describe—                                                 (b) AGENCY PROGRESS REPORTS.—Not later                 (2) PERFORMANCE DEMONSTRATION.—The
                                               ‘‘(i) how the reporter should submit the re-          than 1 year after the date of enactment of             guidance issued under paragraph (1) and any
                                             port; and                                               this Act, the head of each agency shall sub-           subsequent guidance shall require agencies
                                               ‘‘(ii) if the report is not anonymous, when           mit to the Director a progress report on im-           to share with the Director of the Cybersecu-
                                             the reporter should anticipate an acknowl-              plementing an information security program             rity and Infrastructure Security Agency
                                             edgment of receipt of the report by the agen-           based on the presumption of compromise and             data demonstrating the performance of the
                                             cy;                                                     least privilege principles, which shall in-            agency using the covered metrics included in
                                               ‘‘(C) include any other relevant informa-             clude—                                                 the guidance.
                                             tion; and                                                 (1) a description of any steps the agency              (3) PENETRATION TESTS.—On not less than 2
                                               ‘‘(D) be mature in scope, to cover all Fed-           has completed, including progress toward               occasions during the 2-year period following
                                             eral information systems used or operated by            achieving requirements issued by the Direc-            the date on which guidance is promulgated
                                             that agency or on behalf of that agency.                tor;                                                   under paragraph (1), the Director shall en-
                                               ‘‘(3)    IDENTIFIED    VULNERABILITIES.—The
                                                                                                       (2) an identification of activities that have        sure that not less than 3 agencies are sub-
                                             head of each agency shall incorporate any               not yet been completed and that would have             jected to substantially similar penetration
                                             vulnerabilities reported under paragraph (2)            the most immediate security impact; and                tests, as determined by the Director, in co-




dlhill on DSK120RN23PROD with SENATE
                                             into the vulnerability management process                 (3) a schedule to implement any planned              ordination with the Director of the Cyberse-
                                             of the agency in order to track and reme-               activities.                                            curity and Infrastructure Security Agency,
                                             diate the vulnerability.                                SEC. 5148. AUTOMATION REPORTS.                         in order to validate the utility of the covered
                                               ‘‘(e) PAPERWORK REDUCTION ACT EXEMP-                    (a) OMB REPORT.—Not later than 180 days              metrics.
                                             TION.—The requirements of subchapter I                  after the date of enactment of this Act, the             (4) ANALYSIS CAPACITY.—The Director of
                                             (commonly known as the ‘Paperwork Reduc-                Director shall submit to the appropriate con-          the Cybersecurity and Infrastructure Secu-
                                             tion Act’) shall not apply to a vulnerability           gressional committees a report on the use of           rity Agency shall develop a capability that




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8271
                                             allows for the analysis of the covered                    (B) that allocates resources based on the              (1) IN GENERAL.—Section 1105(a)(35)(A)(i) of
                                             metrics, including cross-agency performance             risks identified and prioritized under sub-            title 31, United States Code, is amended—
                                             of agency cybersecurity and incident re-                paragraph (A).                                           (A) in the matter preceding subclause (I),
                                             sponse capability trends.                               SEC.   5162.    ESTABLISHMENT      OF    RISK-BASED    by striking ‘‘by agency, and by initiative
                                               (d) CONGRESSIONAL REPORTS.—                                          BUDGET MODEL.                           area (as determined by the administration)’’
                                               (1) UTILITY OF METRICS.—Not later than 1                (a) IN GENERAL.—                                     and inserting ‘‘and by agency’’;
                                             year after the date of enactment of this Act,             (1) MODEL.—Not later than 1 year after the             (B) in subclause (III), by striking ‘‘and’’ at
                                             the Director of the Cybersecurity and Infra-            first publication of the budget submitted by           the end; and
                                             structure Security Agency shall submit to               the President under section 1105 of title 31,            (C) by adding at the end the following:
                                             the appropriate congressional committees a              United States Code, following the date of en-            ‘‘(V) a validation that the budgets sub-
                                             report on the utility of the covered metrics.           actment of this Act, the Director, in con-             mitted were developed using a risk-based
                                               (2) USE OF METRICS.—Not later than 180                sultation with the Director of the Cybersecu-          methodology; and
                                             days after the date on which the Director               rity and Infrastructure Security Agency and              ‘‘(VI) a report on the progress of each agen-
                                             promulgates guidance under subsection                   the National Cyber Director and in coordina-           cy on closing recommendations identified
                                             (c)(1), the Director shall submit to the appro-         tion with the Director of the National Insti-          under the independent evaluation required
                                             priate congressional committees a report on             tute of Standards and Technology, shall de-            by section 3555(a)(1) of title 44.’’.
                                             the results of the use of the covered metrics           velop a standard model for creating a risk-              (2) EFFECTIVE DATE.—The amendments
                                             by agencies.                                            based budget for cybersecurity spending.               made by paragraph (1) shall take effect on
                                               (e) CYBERSECURITY ACT OF 2015 UPDATES.—                 (2) RESPONSIBILITY OF DIRECTOR.—Section              the date that is 2 years after the date on
                                             Section 224 of the Cybersecurity Act of 2015            3553(a) of title 44, United States Code, as            which the model developed under subsection
                                             (6 U.S.C. 1522) is amended—                             amended by section 5121 of this division, is           (a) is published.
                                               (1) by striking subsection (c) and inserting          further amended by inserting after para-                 (d) REPORTS.—
                                             the following:                                          graph (6) the following:                                 (1)    INDEPENDENT      EVALUATION.—Section
                                               ‘‘(c) IMPROVED METRICS.—                                ‘‘(7) developing a standard risk-based budg-         3555(a)(2) of title 44, United States Code, is
                                               ‘‘(1) IN GENERAL.—The Director of the Cy-             et model to inform Federal agency cyberse-             amended—
                                             bersecurity and Infrastructure Security                 curity budget development; and’’.                        (A) in subparagraph (B), by striking ‘‘and’’
                                             Agency, in coordination with the Director,                (3) CONTENTS OF MODEL.—The model re-
                                             shall establish, review, and update metrics                                                                    at the end;
                                                                                                     quired to be developed under paragraph (1)               (B) in subparagraph (C), by striking the pe-
                                             to measure the cybersecurity and incident               shall—
                                             response capabilities of agencies in accord-                                                                   riod at the end and inserting ‘‘; and’’; and
                                                                                                       (A) consider Federal and non-Federal cyber             (C) by adding at the end the following:
                                             ance with the responsibilities of agencies              threat intelligence products, where avail-
                                             under section 3554 of title 44, United States                                                                    ‘‘(D) an assessment of how the agency im-
                                                                                                     able, to identify threats, vulnerabilities, and        plemented the risk-based budget model re-
                                             Code.                                                   risks;
                                               ‘‘(2) QUALITIES.—With respect to the                                                                         quired under section 3553(a)(7) and an evalua-
                                                                                                       (B) consider the impact of agency oper-              tion of whether the model mitigates agency
                                             metrics established, reviewed, and updated              ations of compromise of systems, including
                                             under paragraph (1)—                                                                                           cyber vulnerabilities.’’.
                                                                                                     the interconnectivity to other agency sys-               (2) ASSESSMENT.—Section 3553(c) of title 44,
                                               ‘‘(A) not less than 2 of the metrics shall be         tems and the operations of other agencies;
                                             time-based, such as a metric of—                                                                               United States Code, as amended by section
                                                                                                       (C) indicate where resources should be allo-
                                               ‘‘(i) the amount of time it takes for an                                                                     5121, is further amended by inserting after
                                                                                                     cated to have the greatest impact on miti-
                                             agency to detect an incident; and                                                                              paragraph (5) the following:
                                                                                                     gating current and future threats and cur-
                                               ‘‘(ii) the amount of time that passes be-                                                                      ‘‘(6) an assessment of—
                                                                                                     rent and future cybersecurity capabilities;
                                             tween—                                                                                                           ‘‘(A) Federal agency implementation of the
                                                                                                       (D) be used to inform acquisition and
                                               ‘‘(I) the detection of an incident and the re-                                                               model required under subsection (a)(7);
                                                                                                     sustainment of—
                                             mediation of the incident; and                                                                                   ‘‘(B) how cyber vulnerabilities of Federal
                                                                                                       (i) information technology and cybersecu-
                                               ‘‘(II) the remediation of an incident and                                                                    agencies changed from the previous year;
                                                                                                     rity tools;
                                             the recovery from the incident; and                                                                            and
                                                                                                       (ii) information technology and cybersecu-
                                               ‘‘(B) the metrics may include other meas-                                                                      ‘‘(C) whether the model mitigates the
                                                                                                     rity architectures;
                                             urable outcomes.’’;                                                                                            cyber vulnerabilities of the Federal Govern-
                                                                                                       (iii) information technology and cyberse-
                                               (2) by striking subsection (e); and                                                                          ment.’’.
                                                                                                     curity personnel; and                                    (e) GAO REPORT.—Not later than 3 years
                                               (3) by redesignating subsection (f) as sub-             (iv) cybersecurity and information tech-
                                             section (e).                                                                                                   after the date on which the first budget of
                                                                                                     nology concepts of operations; and                     the President is submitted to Congress con-
                                              TITLE LIII—RISK-BASED BUDGET MODEL                       (E) be used to evaluate and inform Govern-           taining the validation required under section
                                             SEC. 5161. DEFINITIONS.                                 ment-wide cybersecurity programs of the De-            1105(a)(35)(A)(i)(V) of title 31, United States
                                                In this title:                                       partment of Homeland Security.                         Code, as amended by subsection (c), the
                                                (1) APPROPRIATE CONGRESSIONAL COMMIT-                  (4) REQUIRED UPDATES.—Not less frequently            Comptroller General of the United States
                                             TEES.—The term ‘‘appropriate congressional              than once every 3 years, the Director shall            shall submit to the appropriate congres-
                                             committees’’ means—                                     review, and update as necessary, the model             sional committees a report that includes—
                                                (A) the Committee on Homeland Security               required to be developed under this sub-                 (1) an evaluation of the success of covered
                                             and Governmental Affairs and the Com-                   section.                                               agencies in developing risk-based budgets;
                                             mittee on Appropriations of the Senate; and               (5) PUBLICATION.—The Director shall pub-               (2) an evaluation of the success of covered
                                                (B) the Committee on Homeland Security               lish the model required to be developed
                                             and the Committee on Appropriations of the                                                                     agencies in implementing risk-based budg-
                                                                                                     under this subsection, and any updates nec-            ets;
                                             House of Representatives.                               essary under paragraph (4), on the public
                                                (2) COVERED AGENCY.—The term ‘‘covered                                                                        (3) an evaluation of whether the risk-based
                                                                                                     website of the Office of Management and                budgets developed by covered agencies miti-
                                             agency’’ has the meaning given the term                 Budget.
                                             ‘‘executive agency’’ in section 133 of title 41,                                                               gate cyber vulnerability, including the ex-
                                                                                                       (6) REPORTS.—Not later than 1 year after             tent to which the risk-based budgets inform
                                             United States Code.                                     the date of enactment of this Act, and annu-
                                                (3) DIRECTOR.—The term ‘‘Director’’ means                                                                   Federal Government-wide cybersecurity pro-
                                                                                                     ally thereafter for each of the 2 following fis-       grams; and
                                             the Director of the Office of Management                cal years or until the date on which the
                                             and Budget.                                                                                                      (4) any other information relating to risk-
                                                                                                     model required to be developed under this              based budgets the Comptroller General de-
                                                (4) INFORMATION TECHNOLOGY.—The term                 subsection is completed, whichever is sooner,
                                             ‘‘information technology’’—                                                                                    termines appropriate.
                                                                                                     the Director shall submit a report to Con-
                                                (A) has the meaning given the term in sec-           gress on the development of the model.                       TITLE LIV—PILOT PROGRAMS TO
                                             tion 11101 of title 40, United States Code; and           (b) REQUIRED USE OF RISK-BASED BUDGET                   ENHANCE FEDERAL CYBERSECURITY
                                                (B) includes the hardware and software               MODEL.—                                                SEC. 5181. ACTIVE CYBER DEFENSIVE STUDY.
                                             systems of a Federal agency that monitor                  (1) IN GENERAL.—Not later than 2 years                 (a) DEFINITION.—In this section, the term
                                             and control physical equipment and proc-                after the date on which the model developed            ‘‘active defense technique’’—
                                             esses of the Federal agency.                            under subsection (a) is published, the head of            (1) means an action taken on the systems
                                                (5) RISK-BASED BUDGET.—The term ‘‘risk-              each covered agency shall use the model to             of an entity to increase the security of infor-
                                             based budget’’ means a budget—                          develop the annual cybersecurity and infor-            mation on the network of an agency by mis-
                                                (A)    developed     by   identifying    and         mation technology budget requests of the               leading an adversary; and




dlhill on DSK120RN23PROD with SENATE
                                             prioritizing      cybersecurity    risks    and         agency.                                                   (2) includes a honeypot, deception, or pur-
                                             vulnerabilities, including impact on agency               (2) AGENCY PERFORMANCE PLANS.—Section                posefully feeding false or misleading data to
                                             operations in the case of a cyber attack,               3554(d)(2) of title 44, United States Code, is         an adversary when the adversary is on the
                                             through analysis of cyber threat intel-                 amended by inserting ‘‘and the risk-based              systems of the entity.
                                             ligence, incident data, and tactics, tech-              budget model required under section                       (b) STUDY.—Not later than 180 days after
                                             niques, procedures, and capabilities of cyber           3553(a)(7)’’ after ‘‘paragraph (1)’’.                  the date of enactment of this Act, the Direc-
                                             threats; and                                              (c) VERIFICATION.—                                   tor of the Cybersecurity and Infrastructure




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                                             S8272                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                             Security Agency, in coordination with the               Committee on Homeland Security and Gov-                saries seeking to undermine United States
                                             Director, shall perform a study on the use of           ernmental Affairs of the Senate and the                democracy in part because of public trust
                                             active defense techniques to enhance the se-            Committee on Homeland Security and the                 placed in these communities.
                                             curity of agencies, which shall include—                Committee on Oversight and Reform of the                  (3) A 2017 report by the University of Ox-
                                               (1) a review of legal restrictions on the use         House of Representatives a report on—                  ford’s Graphika Institute, titled ‘‘Social
                                             of different active cyber defense techniques              (A) the agreement; and                               Media Disinformation Campaigns Against
                                             in Federal environments, in consultation                  (B) any additional agreements entered into           US Military Personnel and Veterans’’, con-
                                             with the Department of Justice;                         with agencies under subsection (d).                    cluded that ‘‘The pubic tends to place trust
                                               (2) an evaluation of—                                                                                        in military personnel and veterans, making
                                               (A) the efficacy of a selection of active de-           SA 4675. Mr. SULLIVAN submitted                      them potentially influential voters and com-
                                             fense techniques determined by the Director             an amendment intended to be proposed                   munity leaders. Given this trust and their
                                             of the Cybersecurity and Infrastructure Se-             to amendment SA 3867 submitted by                      role in ensuring national security, these in-
                                             curity Agency; and                                      Mr. REED and intended to be proposed                   dividuals have the potential to become par-
                                               (B) factors that impact the efficacy of the                                                                  ticular targets for influence operations and
                                             active defense techniques evaluated under
                                                                                                     to the bill H.R. 4350, to authorize ap-
                                                                                                                                                            information campaigns conducted on social
                                             subparagraph (A);                                       propriations for fiscal year 2022 for                  media. There are already reports of US serv-
                                               (3) recommendations on safeguards and                 military activities of the Department                  ice personnel being confronted by foreign in-
                                             procedures that shall be established to re-             of Defense, for military construction,                 telligence agencies while posted abroad, with
                                             quire that active defense techniques are ade-           and for defense activities of the De-                  details of their personal lives gleaned from
                                             quately coordinated to ensure that active de-           partment of Energy, to prescribe mili-                 social media.’’.
                                             fense techniques do not impede threat re-               tary personnel strengths for such fiscal                  (4) The Select Committee on Intelligence
                                             sponse efforts, criminal investigations, and            year, and for other purposes; which was                of the Senate found in its investigation of
                                             national security activities, including intel-                                                                 the interference in the 2016 election that so-
                                             ligence collection; and
                                                                                                     ordered to lie on the table; as follows:
                                                                                                                                                            cial media posts by the Internet Research
                                               (4) the development of a framework for the              At the end of subtitle E of title VIII, add          Agency (IRA) of Russia reached tens of mil-
                                             use of different active defense techniques by           the following:                                         lions of voters in 2016 and were meant to pit
                                             agencies.                                               SEC. 857. PROHIBITION ON CONTRACTS THAT                the people of the United States against one
                                                                                                                BENEFIT   CHINESE   COMMUNIST
                                             SEC. 5182. SECURITY OPERATIONS CENTER AS A                                                                     another and sow discord. Volume II of the
                                                         SERVICE PILOT.                                         PARTY.
                                                                                                                                                            Committee’s investigation found that the
                                               (a) PURPOSE.—The purpose of this section                (a) IN GENERAL.—The Secretary of Defense
                                                                                                                                                            Internet Research Agency’s Instagram ac-
                                             is for the Cybersecurity and Infrastructure             may not enter into a contract for defense ar-
                                                                                                                                                            count with the second largest reach used the
                                             Security Agency to run a security operation             ticles or services that are—
                                                                                                                                                            handle     ‘‘@american.veterans’’    and   was
                                             center on behalf of another agency, alle-                 (1) developed or manufactured by, or in-
                                                                                                                                                            ‘‘aimed at patriotic, conservative audiences,
                                             viating the need to duplicate this function at          clude parts from, the Chinese Communist
                                                                                                                                                            collected 215,680 followers, and generated
                                             every agency, and empowering a greater cen-             Party;
                                                                                                                                                            nearly 18.5 million engagements.’’.
                                             tralized cybersecurity capability.                        (2) provided by an entity that has sus-
                                                                                                                                                               (5) A 2019 investigative report by the Viet-
                                               (b) PLAN.—Not later than 1 year after the             pected ties to the Chinese Communist Party;
                                                                                                                                                            nam Veterans of America (VVA) titled ‘‘An
                                             date of enactment of this Act, the Director             or
                                                                                                                                                            Investigation into Foreign Entities who are
                                             of the Cybersecurity and Infrastructure Se-               (3) provided by an entity that provides de-
                                                                                                                                                            Targeting Troops and Veterans Online’’,
                                             curity Agency shall develop a plan to estab-            fense articles or services, including research,
                                                                                                                                                            found that the Internet Research Agency
                                             lish a centralized Federal security oper-               engineering, and technology, to the Chinese
                                                                                                                                                            targeted veterans and the followers of sev-
                                             ations center shared service offering within            Communist Party.
                                                                                                                                                            eral congressionally chartered veterans serv-
                                             the Cybersecurity and Infrastructure Secu-                (b) DEFENSE ARTICLES OR SERVICES DE-
                                                                                                                                                            ice organizations with at least 113 advertise-
                                             rity Agency.                                            FINED.—In this section, the term ‘‘defense ar-
                                                                                                                                                            ments during and following the 2016 election
                                               (c) CONTENTS.—The plan required under                 ticles or services’’ means defense articles or
                                                                                                                                                            and that ‘‘this represents a fraction of the
                                             subsection (b) shall include considerations             services designated by the President under
                                                                                                                                                            Russian activity that targeted this commu-
                                             for—                                                    section 38(a)(1) of the Arms Export Control
                                                                                                                                                            nity with divisive propaganda.’’. The report
                                               (1) collecting, organizing, and analyzing             Act (22 U.S.C. 2778(a)(1)).
                                                                                                                                                            also found that foreign actors have been im-
                                             agency information system data in real
                                                                                                                                                            personating veterans through social-media
                                             time;                                                     SA 4676. Ms. KLOBUCHAR submitted
                                                                                                                                                            accounts and interacting with veterans and
                                               (2) staffing and resources; and                       an amendment intended to be proposed                   veterans groups on social media to spread
                                               (3) appropriate interagency agreements,               to amendment SA 3867 submitted by                      propaganda and disinformation. To counter
                                             concepts of operations, and governance                  Mr. REED and intended to be proposed                   these acts, Vietnam Veterans of America
                                             plans.
                                               (d) PILOT PROGRAM.—                                   to the bill H.R. 4350, to authorize ap-                recommended that the Department of Vet-
                                               (1) IN GENERAL.—Not later than 180 days               propriations for fiscal year 2022 for                  erans Affairs ‘‘immediately develop plans to
                                             after the date on which the plan required               military activities of the Department                  make the cyber-hygiene of veterans an ur-
                                             under subsection (b) is developed, the Direc-           of Defense, for military construction,                 gent priority within the Department of Vet-
                                             tor of the Cybersecurity and Infrastructure                                                                    erans Affairs. The VA must educate and
                                                                                                     and for defense activities of the De-
                                             Security Agency, in consultation with the                                                                      train veterans on personal cybersecurity:
                                                                                                     partment of Energy, to prescribe mili-                 how to mitigate vulnerabilities, vigilantly
                                             Director, shall enter into a 1-year agreement           tary personnel strengths for such fiscal
                                             with not less than 2 agencies to offer a secu-                                                                 maintain safe practices, and recognize
                                             rity operations center as a shared service.
                                                                                                     year, and for other purposes; which was                threats, including how to identify instances
                                               (2) ADDITIONAL AGREEMENTS.—After the                  ordered to lie on the table; as follows:               of online manipulation.’’.
                                             date on which the briefing required under                 At the appropriate place in title X, insert             (6) The Cyberspace Solarium Commission,
                                             subsection (e)(1) is provided, the Director of          the following:                                         a bicameral and bipartisan commission, es-
                                             the Cybersecurity and Infrastructure Secu-              SEC. lll. VETERANS CYBERSECURITY AND DIG-              tablished by section 1652 of the John S.
                                             rity Agency, in consultation with the Direc-                       ITAL LITERACY GRANT PROGRAM.                McCain National Defense Authorization Act
                                             tor, may enter into additional 1-year agree-              (a) FINDINGS.—Congress finds the fol-                for Fiscal Year 2019 (Public Law 115–232),
                                             ments described in paragraph (1) with agen-             lowing:                                                concluded in its finished report that the
                                             cies.                                                     (1) Adversaries from Russia, China, and              ‘‘U.S. government should promote digital lit-
                                               (e) BRIEFING AND REPORT.—                             Iran are using information warfare to influ-           eracy, civics education, and public awareness
                                               (1) BRIEFING.—Not later than 260 days after           ence democracies across the world, and ex-             to build societal resilience to foreign, malign
                                             the date of enactment of this Act, the Direc-           tremist organizations often use digital com-           cyber-enabled information operations and
                                             tor of the Cybersecurity and Infrastructure             munications to recruit members. Influence              that the U.S. government must ensure that
                                             Security Agency shall provide to the Com-               campaigns from foreign adversaries reached             individual Americans have both the digital
                                             mittee on Homeland Security and Govern-                 tens of millions of voters during the 2016 and         literacy tools and the civics education they
                                             mental Affairs of the Senate and the Com-               2018 elections with racially and divisively            need to secure their networks and their de-
                                             mittee on Homeland Security and the Com-                targeted messages. The Unites States can               mocracy from cyber-enabled information op-
                                             mittee on Oversight and Reform of the House             fight these influences by ensuring that citi-          erations.’’. The report recommended that
                                             of Representatives a briefing on the param-             zens of the United States possess the nec-             Congress authorizing grant programs to do




dlhill on DSK120RN23PROD with SENATE
                                             eters of any 1-year agreements entered into             essary skills to discern disinformation and            this.
                                             under subsection (d)(1).                                misinformation and protect themselves from                (b) SENSE OF CONGRESS.—It is the sense of
                                               (2) REPORT.—Not later than 90 days after              foreign influence campaigns.                           Congress that, given the threat foreign influ-
                                             the date on which the first 1-year agreement              (2) Researchers have documented per-                 ence campaigns pose for United States de-
                                             entered into under subsection (d) expires, the          sistent, pervasive, and coordinated online             mocracy and the findings and recommenda-
                                             Director of the Cybersecurity and Infrastruc-           targeting of members of the Armed Forces,              tions of Congress and experts, Congress must
                                             ture Security Agency shall submit to the                veterans, and their families by foreign adver-         immediately act to pass legislative measures




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                       S8273
                                             to increase digital and media literacy as well          exchange of information regarding sound                tices, particularly in the areas of cybersecu-
                                             as cyber-hygiene among veterans.                        digital citizenship and media literacy prac-           rity, results transmission, transparency of
                                               (c) PROGRAM REQUIRED.—The Secretary                   tices among recipients of grants under the             electoral data, election dispute resolution,
                                             shall establish a program to promote digital            program required by subsection (c).                    and the elimination of discriminatory reg-
                                             citizenship and media literacy, through                    (h) AUTHORIZATION OF APPROPRIATIONS.—               istration practices and other electoral irreg-
                                             which the Secretary shall award grants to el-           There is authorized to be appropriated to              ularities;
                                             igible entities to enable those eligible enti-          carry out this section $20,000,000 for fiscal            (2) the advancement of democracy world-
                                             ties to carry out the activities described in           year 2022.                                             wide promotes United States interests, as
                                             subsection (e).                                            (i) DEFINITIONS.—In this section:                   stable democracies provide new market op-
                                               (d) APPLICATION.—An eligible entity seek-                (1) CYBER-HYGIENE.—The term ‘‘cyber-hy-             portunities, improve global health outcomes,
                                             ing a grant under the program required by               giene’’ means practices and steps that users           and promote economic freedom and regional
                                             subsection (c) shall submit to the Secretary            of computers and other internet connected              security;
                                             an application therefor at such time, in such           devices take to maintain and improve online              (3) credible elections are the cornerstone of
                                             manner, and containing such information as              security, maintain the proper functioning of           a healthy democracy and enable all persons
                                             the Secretary may require, including, at a              computers devices, and protect computers               to exercise their basic human right to have
                                             minimum the following:                                  and devices from cyberattacks and unauthor-            a say in how they are governed;
                                               (1) A description of the activities the eligi-        ized use.                                                (4) inclusive elections strengthen the credi-
                                             ble entity intends to carry out with the                   (2) DIGITAL CITIZENSHIP.—The term ‘‘digital         bility and stability of democracies more
                                             grant funds.                                            citizenship’’ means the ability to—                    broadly;
                                               (2) An estimate of the costs associated                  (A) safely, responsibly, and ethically use            (5) at the heart of a strong election cycle is
                                             with such activities.                                   communication technologies and digital in-             the professionalism of the election manage-
                                               (3) Such other information and assurances             formation technology tools and platforms;              ment body and an empowered civil society;
                                             as the Secretary may require.                              (B) create and share media content using              (6) the development of local expertise via
                                               (e) ACTIVITIES.—An eligible entity shall use          principles of social and civic responsibility          peer-to-peer learning and exchanges pro-
                                             the amount of a grant awarded under the                 and with awareness of the legal and ethical            motes the independence of such bodies from
                                             program required by subsection (c) to carry             issues involved; and                                   internal and external influence; and
                                             out one or more of the following activities to             (C) participate in the political, economic,           (7) supporting the efforts of peoples in de-
                                             improve cyber-hygiene and increase digital              social, and cultural aspects of life related to        mocratizing societies to build more rep-
                                             and media literacy among veterans:                      technology, communications, and the digital            resentative governments in their respective
                                               (1) Develop competencies in cyber-hygiene.            world by consuming and creating digital con-           countries is in the national interest of the
                                               (2) Develop media literacy and digital citi-          tent, including media.                                 United States.
                                             zenship competencies by promoting vet-                     (3) ELIGIBLE ENTITY.—The term ‘‘eligible              (c) GLOBAL ELECTORAL EXCHANGE.—
                                             erans’—                                                 entity’’ means—                                          (1) IN GENERAL.—The Global Engagement
                                               (A) research and information fluency;                    (A) a civil society organization, including         Center (referred to in this section as the
                                               (B) critical thinking and problem solving             community groups, nongovernmental organi-              ‘‘Center’’) at the Department of State is au-
                                             skills;                                                 zations, nonprofit organization, labor organi-         thorized to establish and administer a Global
                                               (C) technology operations and concepts;               zations, indigenous groups, charitable orga-           Electoral Exchange Program (referred to in
                                               (D) information and technological literacy;           nizations, professional associations, and              this section as the ‘‘Program’’) to promote
                                               (E) concepts of media and digital represen-           foundations; and                                       the utilization of sound election administra-
                                             tation and stereotyping;                                   (B) congressionally chartered veterans              tion practices around the world.
                                               (F) understanding of explicit and implicit            service organizations.                                   (2) PURPOSE.—The purpose of the Program
                                             media and digital messages;                                (4) MEDIA LITERACY.—The term ‘‘media lit-           shall include the promotion and exchange of
                                               (G) understanding of values and points of             eracy’’ means the ability to—                          international best election practices, includ-
                                             view that are included and excluded in media                                                                   ing in the areas of—
                                                                                                        (A) access relevant and accurate informa-
                                             and digital content;                                                                                             (A) cybersecurity;
                                                                                                     tion through media in a variety of forms;
                                               (H) understanding of how media and digital                                                                     (B) the protection of election systems
                                                                                                        (B) critically analyze media content and
                                             content may influence ideas and behaviors;                                                                     against influence campaigns;
                                                                                                     the influences of different forms of media;
                                               (I) understanding of the importance of ob-                                                                     (C) results transmission;
                                                                                                        (C) evaluate the comprehensiveness, rel-
                                             taining information from multiple media                                                                          (D) transparency of electoral data;
                                                                                                     evance, credibility, authority, and accuracy
                                             sources and evaluating sources for quality;                                                                      (E) election dispute resolution;
                                                                                                     of information;
                                               (J) understanding how information on dig-                                                                      (F) the elimination of discriminatory reg-
                                                                                                        (D) make educated decisions based on in-
                                             ital platforms can be altered through algo-                                                                    istration practices and electoral irregular-
                                                                                                     formation obtained from media and digital
                                             rithms, editing, and augmented reality;                                                                        ities;
                                                                                                     sources;                                                 (G) inclusive and equitable promotion of
                                               (K) ability to create media and digital con-             (E) operate various forms of technology
                                             tent in civically and socially responsible                                                                     candidate participation;
                                                                                                     and digital tools; and                                   (H) equitable access to polling places,
                                             ways; and                                                  (F) reflect on how the use of media and
                                               (L) understanding of influence campaigns                                                                     voter education information, and voting
                                                                                                     technology may affect private and public               mechanisms (including by persons with dis-
                                             conducted by foreign adversaries and the                life.
                                             tactics employed by foreign adversaries for                                                                    abilities); and
                                                                                                        (5) SECRETARY.—The term ‘‘Secretary’’                 (I) other sound election administration
                                             conducting influence campaigns.                         means the Secretary of Veterans Affairs.
                                               (f) REPORTING.—                                                             ---
                                                                                                                                                            practices.
                                               (1) REPORTS BY GRANT RECIPIENTS.—Each                                                                          (3) EXCHANGE OF ELECTORAL AUTHORITIES.—
                                                                                                       SA 4677. Ms. KLOBUCHAR submitted
                                             recipient of a grant under the program re-                                                                       (A) IN GENERAL.—The Center, in consulta-
                                                                                                     an amendment intended to be proposed                   tion, as appropriate, with the United States
                                             quired by subsection (c) shall, not later than
                                             one year after the date on which the recipi-            to amendment SA 3867 submitted by                      Agency for International Development, may
                                             ent first receives funds pursuant to the                Mr. REED and intended to be proposed                   award grants to any United States-based or-
                                             grant, submit to the Secretary a report de-             to the bill H.R. 4350, to authorize ap-                ganization that—
                                             scribing the activities the recipient carried           propriations for fiscal year 2022 for                    (i) is described in section 501(c)(3) of the In-
                                             out using grant funds and the effectiveness             military activities of the Department                  ternal Revenue Code of 1986 and exempt from
                                             of those activities.                                    of Defense, for military construction,                 tax under section 501(a) of such Code;
                                               (2) REPORT BY THE SECRETARY.—Not later                                                                         (ii) has experience in, and a primary focus
                                                                                                     and for defense activities of the De-
                                             than 90 days after the date on which the Sec-                                                                  on, foreign comparative election systems or
                                                                                                     partment of Energy, to prescribe mili-                 subject matter expertise in the administra-
                                             retary receives the last report the Secretary
                                             expects to receive under paragraph (1), the             tary personnel strengths for such fiscal               tion or integrity of such systems; and
                                             Secretary shall submit to Congress a report             year, and for other purposes; which was                  (iii) submits an application in such form,
                                             describing the activities carried out under             ordered to lie on the table; as follows:               and satisfying such requirements, as the
                                             this section and the effectiveness of those ac-           At the end of subtitle A of title XII, add           Center may require.
                                             tivities.                                               the following:                                           (B) TYPES OF GRANTS.—An organization de-
                                               (g) SENSE OF CONGRESS.—It is the sense of             SEC. 1210. GLOBAL ELECTORAL EXCHANGE PRO-              scribed in subparagraph (A) may receive a
                                             Congress that the Secretary should—                                 GRAM.                                      grant under this paragraph to design and im-
                                               (1) establish and maintain a list of eligible           (a) SHORT TITLE.—This section may be                 plement programs that—




dlhill on DSK120RN23PROD with SENATE
                                             entities that receive a grant under the pro-            cited as the ‘‘Global Electoral Exchange Act             (i) bring to the United States election ad-
                                             gram required by subsection (c), and individ-           of 2021’’.                                             ministrators and officials, including govern-
                                             uals designated by those eligible entities as             (b) SENSE OF CONGRESS.—It is the sense of            ment officials, poll workers, civil society
                                             participating individuals; and                          Congress that—                                         representatives, members of the judiciary,
                                               (2) make that list available to those eligi-            (1) recent elections globally have illus-            and others who participate in the organiza-
                                             ble entities and participating individuals in           trated the urgent need for the promotion and           tion and administration of public elections
                                             order to promote communication and further              exchange of international best election prac-          in a foreign country that faces challenges to




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                                             S8274                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                             its electoral process to study election proce-          SEC. lll. COMPTROLLER GENERAL OF THE                     At the appropriate place, insert the fol-
                                             dures in the United States for educational                        UNITED STATES STUDY ON OPPOR-                lowing:
                                                                                                               TUNITIES FOR USE OF VETERANS
                                             purposes; or                                                                                                   SEC. llll. TREATMENT OF HOURS WORKED
                                                                                                               EDUCATIONAL ASSISTANCE TO PUR-
                                               (ii) take election administrators and offi-                     SUE CAREERS IN OUTDOOR RECRE-                         UNDER A QUALIFIED TRADE-OF-
                                             cials of the United States or of another coun-                    ATION.                                                TIME ARRANGEMENT.
                                             try, including government officials, poll                 (a) STUDY REQUIRED.—The Comptroller                    Section 5542 of title 5, United States Code,
                                             workers, civil society representatives, mem-            General of the United States shall conduct a           is amended by adding at the end the fol-
                                             bers of the judiciary, and others who partici-          study on the use by veterans of educational            lowing:
                                             pate in the organization and administration             assistance provided under laws administered              ‘‘(h)(1)(A) Notwithstanding any other pro-
                                             of public elections to another country to               by the Secretary of Veterans Affairs to pur-           vision of this section or section 5545b, any
                                             study and discuss election procedures in such           sue careers in outdoor recreation.                     hours worked by a firefighter under a quali-
                                             country for educational purposes.                         (b) ELEMENTS.—The study required by sub-             fied trade-of-time arrangement shall be dis-
                                               (C) LIMITS ON ACTIVITIES.—Activities ad-              section (a) shall include the following:               regarded for purposes of any determination
                                             ministered under the Program may not—                     (1) Identification of opportunities for vet-         relating to eligibility for, or the amount of,
                                               (i) include observation of an election for            erans to use educational assistance provided           any overtime pay under this section, includ-
                                             the purposes of assessing the validity or le-           under laws administered by the Secretary of            ing overtime pay under the Fair Labor
                                             gitimacy of that election;                              Veterans Affairs to pursue careers in outdoor          Standards Act in accordance with subsection
                                               (ii) facilitate any advocacy for a certain            recreation in the private sector and in the            (c).
                                             electoral result by a grantee when partici-             public sector.                                           ‘‘(B) The Director of the Office of Per-
                                             pating in the Program; or                                 (2) Identification of any difficulties with          sonnel Management—
                                               (iii) be carried out without proper con-              using the educational assistance provided                ‘‘(i) shall identify the situations in which a
                                             sultation with State and local authorities in           under laws administered by the Secretary to            firefighter shall be deemed to have worked
                                             the United States that administer elections.            veterans to pursue careers in outdoor recre-           hours actually worked by a substituting fire-
                                               (D) SENSE OF CONGRESS.—It is the sense of             ation in the private and public sector, in-            fighter under a qualified trade-of-time ar-
                                             Congress that the Center should establish               cluding trained, apprentice, assistant, and            rangement; and
                                             and maintain a network of Global Electoral              certified guides.                                        ‘‘(ii) may adopt necessary policies gov-
                                             Exchange Program alumni, to promote com-                  (3) Assessment of the availability of oppor-         erning the treatment of both a substituting
                                             munication and further exchange of informa-             tunities for careers in outdoor recreation at          and substituted firefighter under a qualified
                                             tion regarding sound election administration            the following:                                         trade-of-time arrangement, without regard
                                             practices among current and former Pro-                   (A) The Department of Agriculture.                   to how those firefighters would otherwise be
                                             gram participants.                                        (B) The Department of the Interior.                  treated under other provisions of law or reg-
                                               (E) LIMITATION.—A recipient of a grant                  (C) The Army Corps of Engineers.                     ulation.
                                             under the Program may only use such grant                 (D) The National Oceanic and Atmospheric               ‘‘(2) In this subsection—
                                             for the purpose for which such grant was                Administration.                                          ‘‘(A) the term ‘firefighter’ means an em-
                                             awarded, unless otherwise authorized by the               (4) Identification of any challenges vet-            ployee—
                                             Center.                                                 erans may have pursuing careers in outdoor               ‘‘(i) the work schedule of whom includes 24-
                                               (F) NONDUPLICATIVE.—Grants made under                 recreation at the agencies list under para-            hour duty shifts; and
                                             this paragraph may not be duplicative of any            graph (3).                                               ‘‘(ii) who—
                                             other grants made under any other provision               (5) Identification of options to increase op-          ‘‘(I) is a firefighter, as defined in section
                                             of law for similar or related purposes.                 portunities for veterans to pursue careers in          8331(21) or 8401(14);
                                               (4) AUTHORIZATION OF APPROPRIATIONS.—                 outdoor recreation at the agencies listed                ‘‘(II) in the case of an employee who holds
                                             There is authorized to be appropriated                  under paragraph (3).                                   a supervisory or administrative position and
                                                                                                       (c) STAKEHOLDER PERSPECTIVES.—In con-                is subject to subchapter III of chapter 83, but
                                             $5,000,000 for each of the fiscal years 2022
                                                                                                     ducting the study required by subsection (a),          who does not qualify to be considered a fire-
                                             through 2026 to carry out this subsection.
                                                                                                     the Comptroller General shall obtain the               fighter within the meaning of section
                                               (d) CONGRESSIONAL OVERSIGHT.—Not later                perspectives of the outdoor recreation indus-          8331(21), would so qualify if such employee
                                             than 1 year after the date of the enactment             try, veterans groups focusing on the out-
                                                                                                                                                            had transferred directly to such position
                                             of this Act and annually thereafter for the             doors, nongovernmental organizations, and
                                                                                                                                                            after serving as a firefighter within the
                                             following 2 years, the Center shall provide a           other interested stakeholders.
                                                                                                       (d) BRIEFING AND REPORT.—                            meaning of such section;
                                             briefing to the Committee on Foreign Rela-                                                                       ‘‘(III) in the case of an employee who holds
                                             tions of the Senate and the Committee on                  (1) BRIEFING.—Not later than 240 days after
                                                                                                     the date of the enactment of this Act, the             a supervisory or administrative position and
                                             Foreign Affairs of the House of Representa-                                                                    is subject to chapter 84, but who does not
                                             tives regarding the status of any activities            Comptroller General shall provide the Com-
                                                                                                     mittee on Veterans’ Affairs of the Senate              qualify to be considered a firefighter within
                                             carried out pursuant to subsection (c) during                                                                  the meaning of section 8401(14), would so
                                                                                                     and the Committee on Veterans’ Affairs of
                                             the preceding year, which shall include—                                                                       qualify if such employee had transferred di-
                                                                                                     the House of Representatives a briefing on
                                               (1) a summary of all exchanges conducted                                                                     rectly to such position after performing du-
                                                                                                     the study required by subsection (a).
                                             under the Global Electoral Exchange Pro-                                                                       ties described in section 8401(14)(A) and (B)
                                                                                                       (2) REPORT.—After providing the briefing
                                             gram, including information regarding                                                                          for at least 3 years; and
                                                                                                     required by paragraph (1), the Comptroller
                                             grantees, participants, and the locations                                                                        ‘‘(IV) in the case of an employee who is not
                                                                                                     General shall submit to the committees de-
                                             where program activities were held;                                                                            subject to subchapter III of chapter 83 or
                                                                                                     scribed in such paragraph a report on the
                                               (2) a description of the criteria used to se-                                                                chapter 84, holds a position that the Office of
                                                                                                     findings of the Comptroller General with re-
                                             lect grantees under the Global Electoral Ex-                                                                   Personnel Management determines would
                                                                                                     spect to the study completed under sub-
                                             change Program; and                                                                                            satisfy subclause (I), (II), or (III) if the em-
                                                                                                     section (a).
                                               (3) recommendations for the improvement                                                                      ployee were subject to subchapter III of
                                                                                                       (e) OUTDOOR RECREATION DEFINED.—In this
                                             of the Global Electoral Exchange Program in             section, the term ‘‘outdoor recreation’’               chapter 83 or chapter 84; and
                                             furtherance of the purpose specified in sub-            means recreational activities undertaken for             ‘‘(B) the term ‘qualified trade-of-time ar-
                                             section (c)(2).                                         pleasure that—                                         rangement’ means an arrangement under
                                                                                                       (1) generally involve some level of inten-           which 2 firefighters who are subject to the
                                                                                                     tional physical exertion; and                          supervision of the same fire chief agree, sole-
                                               SA 4678. Mr. SCHUMER (for himself                                                                            ly at their option and with the approval of
                                                                                                       (2) occur in nature-based environments
                                             and Mr. BENNET) submitted an amend-                     outdoors.                                              the employing agency, to substitute for one
                                             ment intended to be proposed to                                                                                another during scheduled work hours in the
                                             amendment SA 3867 submitted by Mr.                        SA 4679. Mr. VAN HOLLEN sub-                         performance of work in the same capacity.’’.
                                             REED and intended to be proposed to                     mitted an amendment intended to be
                                                                                                     proposed to amendment SA 3867 sub-                       SA 4680. Mr. BENNET (for himself,
                                             the bill H.R. 4350, to authorize appro-
                                                                                                     mitted by Mr. REED and intended to be                  Mr. HICKENLOOPER, and Mr. CRAMER)
                                             priations for fiscal year 2022 for mili-
                                                                                                     proposed to the bill H.R. 4350, to au-                 submitted an amendment intended to
                                             tary activities of the Department of
                                                                                                     thorize appropriations for fiscal year                 be proposed to amendment SA 3867 sub-
                                             Defense, for military construction, and
                                                                                                     2022 for military activities of the De-                mitted by Mr. REED and intended to be
                                             for defense activities of the Depart-
                                                                                                     partment of Defense, for military con-                 proposed to the bill H.R. 4350, to au-




dlhill on DSK120RN23PROD with SENATE
                                             ment of Energy, to prescribe military                                                                          thorize appropriations for fiscal year
                                                                                                     struction, and for defense activities of
                                             personnel strengths for such fiscal                                                                            2022 for military activities of the De-
                                                                                                     the Department of Energy, to prescribe
                                             year, and for other purposes; which was                                                                        partment of Defense, for military con-
                                                                                                     military personnel strengths for such
                                             ordered to lie on the table; as follows:                fiscal year, and for other purposes;                   struction, and for defense activities of
                                               At the appropriate place in title X, insert           which was ordered to lie on the table;                 the Department of Energy, to prescribe
                                             the following:                                          as follows:                                            military personnel strengths for such



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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8275
                                             fiscal year, and for other purposes;                    of satisfactory quality, in sufficient quan-           SEC. 744. DELAY OF COVID–19 VACCINE MANDATE
                                                                                                     tity, in the required form, and at reasonable                      FOR MEMBERS OF THE ARMED
                                             which was ordered to lie on the table;                                                                                     FORCES AND ADDITIONAL REQUIRE-
                                             as follows:                                             cost; and
                                                                                                                                                                        MENTS RELATING TO VACCINE MAN-
                                                                                                        ‘‘(B) submits to the congressional defense                      DATES.
                                               At the end of subtitle A of title XV, add
                                                                                                     committees a report on the determination
                                             the following:                                                                                                   (a) DELAY OF VACCINE MANDATE.—The Sec-
                                                                                                     under subparagraph (A).
                                             SEC. 1516. RESEARCH AND EDUCATIONAL ACTIVI-
                                                                                                        ‘‘(2) PROHIBITION ON ACQUISITION FROM COV-          retary of Defense may not require members
                                                          TIES TO SUPPORT SPACE TECH-                                                                       of the Armed Forces to receive the vaccina-
                                                                                                     ERED NATIONS.—A waiver under paragraph (1)
                                                          NOLOGY DEVELOPMENT.                                                                               tion for coronavirus disease 2019 (commonly
                                                                                                     may not authorize the acquisition of a cov-
                                               (a) IN GENERAL.—Not later than 180 days                                                                      known as ‘‘COVID–19’’) or penalize such
                                                                                                     ered component from a covered nation.
                                             after the date of the enactment of this Act,                                                                   members for not receiving such vaccine until
                                             the Secretary of the Air Force and the Chief               ‘‘(c) APPLICABILITY.—This section applies
                                                                                                     respect to contracts entered into on or after          the date on which all religious and medical
                                             of Space Operations, in coordination with                                                                      accommodation requests seeking an exemp-
                                             the Chief Technology and Innovation Office              October 1, 2022.
                                                                                                                                                            tion from such a requirement have been indi-
                                             of the Space Force, may carry out research                 ‘‘(d) DEFINITIONS.—In this section:
                                                                                                                                                            vidually evaluated with a final determina-
                                             and educational activities to support space                ‘‘(1) COVERED COMPONENT.—The term ‘cov-
                                                                                                                                                            tion and all appeal processes in connection
                                             technology development.                                 ered component’ means a space-qualified
                                                                                                                                                            with any such requests have been exhausted.
                                               (b) ACTIVITIES.—Activities carried out                solar cell, cell-interconnect-coverglass (CIC)
                                                                                                     assembly, solar panel, or solar array.                   (b) PRIVATE RIGHT OF ACTION RELATING TO
                                             under subsection (a) shall support the re-                                                                     COVID–19 VACCINATION.—A member of the
                                             search, development, and demonstration                     ‘‘(2) COVERED NATION.—The term ‘covered
                                                                                                     nation’ means—                                         Armed Forces whose religious accommoda-
                                             needs of the Space Force, including by ad-                                                                     tion request relating to the vaccination for
                                             dressing and facilitating the advancement of               ‘‘(A) the Democratic People’s Republic of
                                                                                                     North Korea;                                           coronavirus disease 2019 is denied without
                                             capabilities related to—                                                                                       written individualized consideration or con-
                                               (1) space domain awareness;                              ‘‘(B) the People’s Republic of China;
                                                                                                        ‘‘(C) the Russian Federation; and                   sultation with the Office of the Chief of
                                               (2) position, navigation, and timing;                                                                        Chaplains for the military department con-
                                               (3) autonomy;                                            ‘‘(D) the Islamic Republic of Iran.
                                                                                                        ‘‘(3) DEPARTMENT OF DEFENSE SATELLITE.—             cerned to confirm that there is a compelling
                                               (4) data analytics;                                                                                          interest in having the member receive such
                                               (5) communications;                                   The term ‘Department of Defense satellite’
                                                                                                     means a satellite the principal purpose of             vaccination and that mandating vaccination
                                               (6) space-based power generation;                                                                            is the least restrictive means of furthering
                                               (7) space applications for cybersecurity;             which is to support the needs of the Depart-
                                                                                                     ment of Defense.’’.                                    that interest shall have a cause of action for
                                             and                                                                                                            financial damages caused by the harm to
                                               (8) any other matter the Secretary of the                (b) CLERICAL AMENDMENT.—The table of
                                                                                                     sections for chapter 385 of such title is              their military career, retirement, or bene-
                                             Air Forces considers relevant.                                                                                 fits.
                                               (c) EDUCATION AND TRAINING.—Activities                amended by inserting after the item relating
                                             carried out under subsection (a) shall—                 to section 4864 the following new item:                  (c) CONSULTATION WITH OFFICES OF CHIEF
                                                                                                                                                            OF CHAPLAINS REGARDING RELIGIOUS ACCOM-
                                               (1) promote education and training for stu-           ‘‘4865. Domestic source requirement for cer-           MODATIONS.—
                                             dents in order to support the future national                           tain satellite components.’’.            (1) IN GENERAL.—The final accommodation
                                             security space workforce of the United                     (c) EFFECTIVE DATE.—The amendments                  authority for each military department shall
                                             States; and                                             made by this section take effect on January            consult with the Office of the Chief of Chap-
                                               (2) explore opportunities for international           1, 2022.                                               lains for the military department concerned
                                             collaboration.
                                                                                                                                                            before denying any religious accommodation
                                                                                                       SA 4682. Mr. RISCH submitted an                      request.
                                               SA 4681. Mr. LUJÁN submitted an
                                                                                                     amendment intended to be proposed to                     (2) PROCEDURES FOR RELIGIOUS EXEMPTION
                                             amendment intended to be proposed to
                                                                                                     amendment SA 3867 submitted by Mr.                     REQUESTS.—The Secretary of Defense shall
                                             amendment SA 3867 submitted by Mr.                                                                             consult with the members of the Armed
                                                                                                     REED and intended to be proposed to
                                             REED and intended to be proposed to                                                                            Forces Chaplains Board in determining the
                                                                                                     the bill H.R. 4350, to authorize appro-
                                             the bill H.R. 4350, to authorize appro-                                                                        general procedure for processing religious
                                                                                                     priations for fiscal year 2022 for mili-
                                             priations for fiscal year 2022 for mili-                                                                       exemption requests.
                                                                                                     tary activities of the Department of                     (3) DETERMINATIONS RELATING TO RELIGIOUS
                                             tary activities of the Department of
                                                                                                     Defense, for military construction, and                BELIEF OR CONSCIENCE.—No determinations
                                             Defense, for military construction, and
                                                                                                     for defense activities of the Depart-                  shall be made regarding the sincerity of the
                                             for defense activities of the Depart-
                                                                                                     ment of Energy, to prescribe military                  religious belief or conscience of a member of
                                             ment of Energy, to prescribe military
                                                                                                     personnel strengths for such fiscal                    the Armed Forces by the final accommoda-
                                             personnel strengths for such fiscal                                                                            tion authority without the documented con-
                                                                                                     year, and for other purposes; which was
                                             year, and for other purposes; which was                                                                        sultation of a chaplain with the member.
                                                                                                     ordered to lie on the table; as follows:
                                             ordered to lie on the table; as follows:                                                                         (d) INSPECTOR GENERAL INVESTIGATION RE-
                                                                                                       At the end of subtitle G of title XII, add
                                               At the end of subtitle B of title VIII, insert                                                               GARDING RELIGIOUS ACCOMMODATIONS.—Not
                                                                                                     the following:
                                             the following:                                                                                                 later than 60 days after the date of the enact-
                                             SEC. 821. USE OF DOMESTICALLY SOURCED COM-              SEC. 1283. LIMITATION ON REMOVING GOVERN-              ment of this Act, the Inspector General of
                                                         PONENTS IN DEPARTMENT OF DE-                            MENT OF CUBA FROM STATE SPON-
                                                                                                                 SORS OF TERRORISM LIST UNTIL
                                                                                                                                                            the Department of Defense shall complete an
                                                         FENSE SATELLITES.                                                                                  investigation into whether each of the mili-
                                                                                                                 PRESIDENT CERTIFIES CUBA NO
                                               (a) IN GENERAL.—Subchapter II of chapter                          LONGER PROVIDES SANCTUARY TO               tary departments has complied with Federal
                                             385 of title 10, United States Code, is amend-                      TERRORISTS.                                law (including the Religious Freedom Res-
                                             ed by inserting after section 4864 the fol-               The President may not remove Cuba from               toration Act of 1993 (42 U.S.C. 2000bb et
                                             lowing new section:                                     the list of state sponsors of terrorism until          seq.)), Department of Defense Instruction
                                             ‘‘§ 4865. Domestic source requirement for cer-          the President, without delegation, certifies           1300.17, and other policies of the military de-
                                                tain satellite components                            and reports to Congress that the Government            partments relevant to determining religious
                                                ‘‘(a) IN GENERAL.—The Secretary of De-               of Cuba has ceased to provide sanctuary to             accommodations for vaccination require-
                                             fense may not acquire a covered component               terrorists.                                            ments.
                                             for a Department of Defense satellite unless
                                             the covered component is manufactured in                  SA 4683. Mr. LANKFORD submitted                        SA 4684. Mr. KENNEDY submitted an
                                             the United States.                                      an amendment intended to be proposed                   amendment intended to be proposed to
                                                ‘‘(b) WAIVER.—                                                                                              amendment SA 3867 submitted by Mr.
                                                                                                     to amendment SA 3867 submitted by
                                                ‘‘(1) IN GENERAL.—The Secretary may
                                                                                                     Mr. REED and intended to be proposed                   REED and intended to be proposed to
                                             waive the prohibition under subsection (a)
                                             with respect to the acquisition of a covered            to the bill H.R. 4350, to authorize ap-                the bill H.R. 4350, to authorize appro-
                                             component if the Secretary—                             propriations for fiscal year 2022 for                  priations for fiscal year 2022 for mili-
                                                ‘‘(A) determines that—                               military activities of the Department                  tary activities of the Department of
                                                ‘‘(i) no significant national security con-          of Defense, for military construction,                 Defense, for military construction, and
                                             cerns regarding counterfeiting, quality, or             and for defense activities of the De-                  for defense activities of the Depart-




dlhill on DSK120RN23PROD with SENATE
                                             unauthorized access would be created by                 partment of Energy, to prescribe mili-                 ment of Energy, to prescribe military
                                             waiving the prohibition;                                                                                       personnel strengths for such fiscal
                                                                                                     tary personnel strengths for such fiscal
                                                ‘‘(ii) the acquisition of the covered compo-
                                                                                                     year, and for other purposes; which was                year, and for other purposes; which was
                                             nent is required to support national security;
                                             and                                                     ordered to lie on the table; as follows:               ordered to lie on the table; as follows:
                                                ‘‘(iii) the covered component is not avail-            At the end of subtitle C of title VII, add             At the appropriate place, insert the fol-
                                             able from a source inside the United States             the following:                                         lowing:




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                                             S8276                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                             SEC.   ll.   REQUIREMENT TO EXPEDITE RE-                the bill H.R. 4350, to authorize appro-                  (8) any other matter the Secretary of the
                                                          QUESTS FOR COST MODIFICATIONS                                                                     Air Forces considers relevant.
                                                          TO DEPARTMENT OF DEFENSE CON-
                                                                                                     priations for fiscal year 2022 for mili-
                                                                                                                                                              (c) EDUCATION AND TRAINING.—Activities
                                                          TRACTS RESULTING FROM SUPPLY               tary activities of the Department of
                                                                                                                                                            carried out under subsection (a) shall—
                                                          CHAIN CHALLENGES.                          Defense, for military construction, and                  (1) promote education and training for stu-
                                               The Secretary of Defense shall expedite               for defense activities of the Depart-                  dents in order to support the future national
                                             any request for a cost modification to a con-           ment of Energy, to prescribe military                  security space workforce of the United
                                             tract of the Department of Defense that re-
                                                                                                     personnel strengths for such fiscal                    States; and
                                             sults from supply chain challenges.
                                                                                                     year, and for other purposes; which was                  (2) explore opportunities for international
                                               SA 4685. Mrs. BLACKBURN sub-                          ordered to lie on the table; as follows:               collaboration.
                                             mitted an amendment intended to be                        At the appropriate place in title X, insert
                                                                                                                                                              SA 4688. Ms. CORTEZ MASTO (for
                                             proposed to amendment SA 3867 sub-                      the following:
                                                                                                                                                            herself and Mr. DAINES) submitted an
                                             mitted by Mr. REED and intended to be                   SEC. lll. STUDY ON SUPPLY CHAINS CRITICAL
                                                                                                                TO NATIONAL SECURITY.                       amendment intended to be proposed to
                                             proposed to the bill H.R. 4350, to au-                                                                         amendment SA 3867 submitted by Mr.
                                                                                                       Not later than 180 days after the date of
                                             thorize appropriations for fiscal year                  the enactment of this Act, the Director of             REED and intended to be proposed to
                                             2022 for military activities of the De-                 National Intelligence shall, in coordination           the bill H.R. 4350, to authorize appro-
                                             partment of Defense, for military con-                  with the Director of the Central Intelligence          priations for fiscal year 2022 for mili-
                                             struction, and for defense activities of                Agency and the heads of such elements of               tary activities of the Department of
                                             the Department of Energy, to prescribe                  the intelligence community as the Director             Defense, for military construction, and
                                             military personnel strengths for such                   of National Intelligence considers appro-
                                                                                                     priate—
                                                                                                                                                            for defense activities of the Depart-
                                             fiscal year, and for other purposes;                                                                           ment of Energy, to prescribe military
                                             which was ordered to lie on the table;                    (1) complete a study—
                                                                                                       (A) to identify—                                     personnel strengths for such fiscal
                                             as follows:                                               (i) supply chains that are critical to the           year, and for other purposes; which was
                                               Strike section 853 and insert the following:          national security, economic security, or pub-          ordered to lie on the table; as follows:
                                             SEC. 853. DETERMINATION WITH RESPECT TO OP-             lic health or safety of the United States; and           At the appropriate place in title X, insert
                                                         TICAL FIBER FOR DEPARTMENT OF                 (ii) important vulnerabilities in such sup-
                                                         DEFENSE PURPOSES.                                                                                  the following:
                                                                                                     ply chains; and                                        SEC.   lll.    NATIONAL SCIENCE    AND   TECH-
                                               (a) DETERMINATION.—                                     (B) to develop recommendations for legis-                          NOLOGY STRATEGY.
                                               (1) IN GENERAL.—Not later than 120 days               lative or administrative action to secure the            Title II of the National Science and Tech-
                                             after the date of the enactment of this Act,            supply chains identified under subparagraph            nology Policy, Organization, and Priorities
                                             the Secretary of Defense shall review access,           (A)(i); and                                            Act of 1976 (42 U.S.C. 6611 et seq.) is amended
                                             metro, and long-haul passive optical fiber                (2) submit to the congressional intelligence         by striking section 206 and inserting the fol-
                                             and optical fiber cable that is manufactured            committees (as that term is defined in sec-            lowing:
                                             or produced by an entity owned or partially             tion 3 of the National Security Act of 1947 (50        ‘‘SEC. 206. NATIONAL SCIENCE AND TECHNOLOGY
                                             owned by the People’s Republic of China for             U.S.C. 3003)), the Committee on Armed Serv-                          STRATEGY.
                                             potential inclusion on the list of covered              ices of the Senate, and the Committee on                  ‘‘(a) STRATEGY REQUIRED.—Not later than
                                             communications equipment pursuant to sec-               Armed Services of the House of Representa-             the end of each calendar year immediately
                                             tion 2 of the Secure and Trusted Communica-             tives the findings of the directors with re-           after the calendar year in which a review
                                             tions Networks Act of 2019 (47 U.S.C. 1601).            spect to the study conducted under para-               under section 206A(b) is completed, the Di-
                                               (2) APPLICABILITY.—If the Secretary of De-            graph (1).                                             rector of the Office of Science and Tech-
                                             fense makes a determination that any such
                                                                                                                                                            nology Policy, in consultation with the Na-
                                             optical fiber or optical fiber cable would pose           SA 4687. Mr. BENNET (for himself,                    tional Science and Technology Council, shall
                                             an unacceptable risk to the national security
                                                                                                     Mr. HICKENLOOPER, and Mr. CRAMER)                      develop and submit to Congress a com-
                                             of the United States or the security and safe-
                                                                                                     submitted an amendment intended to                     prehensive national science and technology
                                             ty of United States persons and should be in-
                                                                                                     be proposed to amendment SA 3867 sub-                  strategy of the United States to meet na-
                                             cluded on the list, any such inclusion shall
                                                                                                     mitted by Mr. REED and intended to be                  tional research and development objectives
                                             apply to such optical fiber or optical fiber
                                                                                                                                                            for the following 4-year period (in this sec-
                                             cable deployed after such determination.                proposed to the bill H.R. 4350, to au-                 tion referred to as the ‘national science and
                                               (b) NOTIFICATION REQUIREMENT.—Not later               thorize appropriations for fiscal year                 technology strategy’).
                                             than 180 days after the date of the enactment           2022 for military activities of the De-                  ‘‘(b) REQUIREMENTS.—Each national science
                                             of this Act, the Secretary of Defense shall             partment of Defense, for military con-                 and technology strategy required by sub-
                                             notify the congressional defense committees
                                             of the findings of the review and determina-
                                                                                                     struction, and for defense activities of               section (a) shall delineate a national science
                                                                                                     the Department of Energy, to prescribe                 and technology strategy consistent with—
                                             tion required under subsection (a), publish
                                                                                                     military personnel strengths for such                    ‘‘(1) the recommendations and priorities
                                             the determination in the Federal Register,
                                                                                                                                                            developed pursuant to the review most re-
                                             and submit that determination to the rel-               fiscal year, and for other purposes;
                                                                                                                                                            cently completed under section 206A(b);
                                             evant Federal agencies, including the De-               which was ordered to lie on the table;                   ‘‘(2) the most recent national security
                                             partment of Commerce and the Federal Com-               as follows:                                            strategy report submitted pursuant to sec-
                                             munications Commission.                                   At the end of subtitle A of title XV, add            tion 1032 of the National Defense Authoriza-
                                               (c) SAVINGS CLAUSE.—No determination                  the following:                                         tion Act for Fiscal Year 2012 (50 U.S.C. 3043);
                                             made under section (a) shall impact the cur-
                                                                                                     SEC. 1516. RESEARCH AND EDUCATIONAL ACTIVI-              ‘‘(3) other relevant national plans; and
                                             rent filing and reimbursement process for                            TIES TO SUPPORT SPACE TECH-                 ‘‘(4) the strategic plans of relevant Federal
                                             the Secure and Trusted Communications                                NOLOGY DEVELOPMENT.                       departments and agencies.
                                             Networks Program at the Federal Commu-                    (a) IN GENERAL.—Not later than 180 days                ‘‘(c) CONSULTATION.—The Director of the
                                             nications Commission.                                   after the date of the enactment of this Act,           Office of Science and Technology Policy
                                               (d) DEFINITIONS.—In this section:
                                                                                                     the Secretary of the Air Force and the Chief           shall consult, as necessary, with the Director
                                               (1) The term ‘‘access’’ means optical fiber
                                                                                                     of Space Operations, in coordination with              of the Office of Management and Budget and
                                             and optical fiber cable that connects sub-
                                                                                                     the Chief Technology and Innovation Office             other appropriate elements of the Executive
                                             scribers (residential and business) and radio
                                                                                                     of the Space Force, may carry out research             Office of the President to ensure that the
                                             sites to a service provider.
                                                                                                     and educational activities to support space            recommendations and priorities delineated
                                               (2) The term ‘‘long haul’’ means optical
                                                                                                     technology development.                                in the science and technology strategy are
                                             fiber and optical fiber cable that connects               (b) ACTIVITIES.—Activities carried out               incorporated in the development of annual
                                             cities and metropolitan areas.                          under subsection (a) shall support the re-             budget requests.
                                               (3) The term ‘‘metro’’ means optical fiber            search, development, and demonstration                   ‘‘(d) ANNUAL REPORTS.—
                                             and optical fiber cable that connects city              needs of the Space Force, including by ad-               ‘‘(1) IN GENERAL.—The President shall sub-
                                             business districts and central city and subur-          dressing and facilitating the advancement of           mit to Congress each year a comprehensive
                                             ban areas.                                              capabilities related to—                               report on the national science and tech-
                                               (4) The term ‘‘passive’’ means unpowered                (1) space domain awareness;                          nology strategy of the United States.
                                             optical fiber and optical fiber cable.




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                                                                                                       (2) position, navigation, and timing;                  ‘‘(2) CONTENTS.—Each report submitted
                                                                                                       (3) autonomy;                                        under paragraph (1) shall include a descrip-
                                               SA 4686. Mr. CORNYN (for himself
                                                                                                       (4) data analytics;                                  tion of the following:
                                             and Mr. KING) submitted an amend-                         (5) communications;                                    ‘‘(A) The strategic objectives and priorities
                                             ment intended to be proposed to                           (6) space-based power generation;                    necessary to maintain the leadership of the
                                             amendment SA 3867 submitted by Mr.                        (7) space applications for cybersecurity;            United States in science and technology and
                                             REED and intended to be proposed to                     and                                                    to advance science and technology to address




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                    S8277
                                             societal and national challenges, including               ‘‘(3) CONSULTATION.—In carrying out each             priations for fiscal year 2022 for mili-
                                             near-term, medium-term, and long-term re-               quadrennial innovation and technology re-              tary activities of the Department of
                                             search priorities.                                      view, the Director of the Office of Science            Defense, for military construction, and
                                               ‘‘(B) The programs, policies, and activities          and Technology Policy shall consult with
                                                                                                                                                            for defense activities of the Depart-
                                             that the President recommends across all                the following:
                                             Federal agencies to achieve the strategic ob-             ‘‘(A) Congress.                                      ment of Energy, to prescribe military
                                             jectives in subparagraph (A).                             ‘‘(B) Federal agencies, including Federal            personnel strengths for such fiscal
                                               ‘‘(C) The global trends in science and tech-          agencies not described in subsection (a)(2).           year, and for other purposes; which was
                                             nology, including potential threats to the                ‘‘(C) Experts in national security.                  ordered to lie on the table; as follows:
                                             leadership of the United States in science                ‘‘(D) Representatives of specific technology           At the end of subtitle G of title X, add the
                                             and technology and opportunities for inter-             industries, as the Director considers appro-           following:
                                             national collaboration in science and tech-             priate.                                                SEC. 10ll. INCLUSION ON THE VIETNAM VET-
                                             nology.                                                   ‘‘(E) Academics.                                                ERANS MEMORIAL WALL OF THE
                                               ‘‘(e) PUBLICATION.—The Director shall, con-             ‘‘(F) State, local, and Tribal governments.                     NAMES OF THE LOST CREW MEM-
                                             sistent to the maximum extent practicable                 ‘‘(G) Nongovernmental organizations.                            BERS OF THE U.S.S. FRANK E. EVANS
                                             with the protection of national security and              ‘‘(H) The public.                                               KILLED ON JUNE 3, 1969.
                                             other sensitive matters, make each report                 ‘‘(c) CONTENTS.—In each quadrennial inno-              (a) IN GENERAL.—Not later than 1 year
                                             submitted under subsection (d) publicly                 vation and technology review, the Director             after the date of enactment of this Act, the
                                             available on an internet website of the Office          shall—                                                 Secretary of Defense shall authorize the in-
                                             of Science and Technology Policy.                         ‘‘(1) provide an integrated view of, and rec-        clusion on the Vietnam Veterans Memorial
                                             ‘‘SEC. 206A. INTERAGENCY QUADRENNIAL INNO-              ommendations for, science and technology               Wall in the District of Columbia of the
                                                          VATION AND TECHNOLOGY REVIEW.              policy across the Federal Government, while            names of the 74 crew members of the U.S.S.
                                               ‘‘(a) DEFINITIONS.—In this section:                   considering economic and national security             Frank E. Evans killed on June 3, 1969.
                                               ‘‘(1) APPROPRIATE COMMITTEES OF CON-                  and other societal and national challenges;              (b) REQUIRED CONSULTATION.—The Sec-
                                             GRESS.—The term ‘appropriate committees                   ‘‘(2) assess and recommend priorities for            retary of Defense shall consult with the Sec-
                                             of Congress’ means—                                     research, development, and demonstration               retary of the Interior, the American Battle-
                                               ‘‘(A) the Committee on Commerce,                      programs to maintain American leadership               field Monuments Commission, and other ap-
                                             Science, and Transportation, the Committee              in science and technology;                             plicable authorities with respect to any ad-
                                             on Armed Services, the Committee on Appro-                ‘‘(3) assess and recommend priorities for            justments to the nomenclature and place-
                                             priations, the Committee on Environment                 research, development, and demonstration               ment of names pursuant to subsection (a) to
                                             and Public Works, the Committee on Foreign              programs to address societal and national              address any space limitations on the place-
                                             Relations, and the Committee on Homeland                challenges;                                            ment of additional names on the Vietnam
                                             Security and Governmental Affairs of the                  ‘‘(4) assess the global competition in               Veterans Memorial Wall.
                                             Senate; and                                             science and technology and identify poten-               (c) NONAPPLICABILITY OF COMMEMORATIVE
                                               ‘‘(B) the Committee on Energy and Com-                tial threats to the leadership of the United           WORKS ACT.—Chapter 89 of title 40, United
                                             merce, the Committee on Armed Services,                 States in science and technology opportuni-            States Code (commonly known as the ‘‘Com-
                                             the Committee on Appropriations, the Com-               ties for international collaboration;                  memorative Works Act’’), shall not apply to
                                             mittee on Foreign Affairs, the Committee                  ‘‘(5) assess and make recommendations on             any activities carried out under subsection
                                             Science, Space, and Technology and the                  the science, technology, engineering, mathe-           (a) or (b).
                                             Committee on Homeland Security of the                   matics, and computer science workforce in
                                             House of Representatives.                               the United States;                                       SA 4690. Mr. SULLIVAN submitted
                                               ‘‘(2) INTERAGENCY.—The term ‘interagency’               ‘‘(6) assess and make recommendations to             an amendment intended to be proposed
                                             with respect to a review means that the re-             improve regional innovation across the                 to amendment SA 3867 submitted by
                                             view is conducted in consultation and coordi-           United States;                                         Mr. REED and intended to be proposed
                                             nation between Federal agencies, including                ‘‘(7) assess and make recommendations to             to the bill H.R. 4350, to authorize ap-
                                             the Department of Commerce, the Depart-                 improve translation of basic research and
                                                                                                                                                            propriations for fiscal year 2022 for
                                             ment of Transportation, the Department of               the enhancement of technology transfer of
                                                                                                     federally funded research;                             military activities of the Department
                                             Defense, the Department of Energy, the En-                                                                     of Defense, for military construction,
                                             vironmental Protection Agency, and such                   ‘‘(8) assess and identify the infrastructure
                                             other related agencies as the Director of the           and tools needed to maintain the leadership            and for defense activities of the De-
                                             Office of Science and Technology Policy con-            of the United States in science and tech-              partment of Energy, to prescribe mili-
                                             siders appropriate, as well as the following:           nology and address other societal and na-              tary personnel strengths for such fiscal
                                               ‘‘(A) The National Science and Technology             tional challenges; and                                 year, and for other purposes; which was
                                             Council.                                                  ‘‘(9) review administrative or legislative           ordered to lie on the table; as follows:
                                               ‘‘(B) The President’s Council of Advisors             policies that affect the science and tech-
                                                                                                                                                              At the end of subtitle E of title XII, add
                                             on Science and Technology.                              nology enterprise and identify and make rec-
                                                                                                                                                            the following:
                                               ‘‘(C) The National Science Board.                     ommendations on policies that hinder re-
                                                                                                     search and development in the United                   SEC. 1253. DISCLOSURES REQUIRED BY UNITED
                                               ‘‘(D) the National Security Council.                                                                                     STATES FINANCIAL INSTITUTIONS
                                               ‘‘(E) The Council of Economic Advisers.               States.                                                            INVESTING IN PEOPLE’S REPUBLIC
                                               ‘‘(F) The National Economic Council.                    ‘‘(d) COORDINATION.—The Director shall en-                       OF CHINA.
                                               ‘‘(G) The Domestic Policy Council.                    sure that each quadrennial innovation and                (a) IN GENERAL.—The Secretary of Defense
                                               ‘‘(H) The Office of the United States Trade           technology review conducted under this sec-            shall—
                                             Representative.                                         tion is coordinated with efforts to carry out            (1) require any United States financial in-
                                               ‘‘(b) INTERAGENCY QUADRENNIAL INNOVA-                 other relevant statutorily required reviews,           stitution that makes an investment de-
                                             TION AND TECHNOLOGY REVIEW REQUIRED.—
                                                                                                     and to the maximum extent practicable in-              scribed subsection (b) to disclose the amount
                                               ‘‘(1) IN GENERAL.—Not later than 1 year               corporates information and recommenda-                 and purpose, and potential impacts on the
                                             after the date of the enactment of the Na-              tions from other reviews in order to avoid             national defense, of such investments to the
                                             tional Defense Authorization Act for Fiscal             duplication.                                           Secretary on an annual basis; and
                                             Year 2022, and every 4 years thereafter, the              ‘‘(e) REPORTING.—
                                                                                                                                                              (2) make such disclosures available to the
                                                                                                       ‘‘(1) IN GENERAL.—Not later than December
                                             Director of the Office of Science and Tech-                                                                    public.
                                                                                                     31 of the year in which a quadrennial innova-
                                             nology Policy shall complete an interagency                                                                      (b) INVESTMENTS DESCRIBED.—An invest-
                                                                                                     tion and technology review is conducted, the
                                             review of the science and technology enter-                                                                    ment described in this subsection is a mone-
                                                                                                     Director shall submit to Congress a report of
                                             prise of the United States (in this section re-                                                                tary investment, in an amount that exceeds
                                                                                                     the review.
                                             ferred to as the ‘quadrennial innovation and                                                                   a threshold to be determined by the Sec-
                                                                                                       ‘‘(2) PUBLICATION.—The Director shall, con-
                                             technology review’).                                                                                           retary, directly or indirectly—
                                                                                                     sistent to the maximum extent possible with
                                               ‘‘(2) SCOPE.—The quadrennial science and                                                                       (1) to—
                                             technology review shall be a comprehensive              the protection of national security and other
                                                                                                                                                              (A) the People’s Republic of China;
                                             examination of the science and technology               sensitive matters, make each report sub-
                                                                                                                                                              (B) an entity owned or controlled by the
                                             strategy of the United States, including rec-           mitted under paragraph (1) publicly avail-
                                                                                                                                                            Chinese Communist Party; or
                                             ommendations for maintaining global lead-               able on an internet website of the Office of
                                                                                                                                                              (C) the People’s Liberation Army; or
                                                                                                     Science and Technology Policy.’’.




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                                             ership in science and technology and advanc-                                                                     (2) for the benefit of any key industrial
                                             ing science and technology to address the so-                                                                  sector sponsored by the Chinese Communist
                                                                                                       SA 4689. Mr. SCHUMER submitted an
                                             cietal and national challenges and guidance                                                                    Party.
                                             on the coordination of programs, assets, ca-            amendment intended to be proposed to                     (c) CONSOLIDATED REPORT.—Not less fre-
                                             pabilities, budget, policies, and authorities           amendment SA 3867 submitted by Mr.                     quently than annually, the Secretary shall
                                             across all Federal research and development             REED and intended to be proposed to                    compile the disclosures submitted under sub-
                                             programs.                                               the bill H.R. 4350, to authorize appro-                section (a) and submit that compilation and




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                                             S8278                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                             a summary of those disclosures to the con-              SEC. 1054. REPORT ON USE OF DRUG DETECTION               (1) a description of United States Govern-
                                             gressional defense committees.                                      TECHNOLOGY AT THE BORDER.                  ment efforts to gain a commitment from the
                                               (d) REGULATIONS.—The Secretary shall pre-               Not later than 6 months after the date of            Chinese Government to submit unregulated
                                             scribe such regulations as are necessary to             the enactment of this Act, and annually                fentanyl precursors such as 4–AP to controls;
                                             carry out this section, which may include—              thereafter, the Secretary of Homeland Secu-            and
                                               (1) requirements for documents and infor-             rity shall submit a report to Congress that              (2) a plan for future steps the United
                                             mation to be submitted with disclosures re-             describes—                                             States Government will take to urge China
                                             quired under subsection (a); and                          (1) the technology that has been authorized          to combat illicit fentanyl production and
                                               (2) procedures for the determining the                by U.S. Customs and Border Protection to               trafficking originating in China.
                                             amount under subsection (b).                            detect drug contraband entering the United
                                               (e) UNITED STATES FINANCIAL INSTITUTION               States at or between ports of entry;                     (d) ESTABLISHMENT OF DEA OFFICES IN
                                             DEFINED.—In this section, the term ‘‘United               (2) the resources Congress has provided in           CHINA.—Not later than 180 days after enact-
                                             States financial institution’’ means a finan-           furtherance of the technology described in             ment of this Act, the Secretary of State and
                                             cial institution (as defined in section 5312 of         paragraph (1);                                         Attorney General shall provide to the appro-
                                             title 31, United States Code) organized under             (3) the technology that has been utilized at         priate committees of Congress a classified
                                             the laws of the United States or of any juris-          the United States border to detect drug con-           briefing on—
                                             diction within the United States, including a           traband entering the United States at or be-             (1) outreach and negotiations undertaken
                                             foreign branch of such an institution.                  tween ports of entry; and                              by the United States Government with the
                                                                                                       (4) the resources that the Department of             Chinese Government aimed at securing its
                                               SA 4691. Mr. HAGERTY submitted an                     Homeland Security has expended in further-             approval for the establishment of DEA of-
                                             amendment intended to be proposed to                    ance of such technology.                               fices in Shanghai and Guangzhou, China; and
                                             amendment SA 3867 submitted by Mr.                                                                               (2) additional efforts to establish new part-
                                             REED and intended to be proposed to                       SA 4693. Mr. HAGERTY submitted an                    nerships with provincial-level authorities to
                                                                                                     amendment intended to be proposed to                   counter the illicit trafficking of fentanyl,
                                             the bill H.R. 4350, to authorize appro-                                                                        fentanyl analogues, and their precursors.
                                                                                                     amendment SA 3867 submitted by Mr.
                                             priations for fiscal year 2022 for mili-
                                                                                                     REED and intended to be proposed to                      (e) REPORT ON DRUG SEIZURES.—Not later
                                             tary activities of the Department of
                                                                                                     the bill H.R. 4350, to authorize appro-                than 6 months after the date of the enact-
                                             Defense, for military construction, and
                                                                                                     priations for fiscal year 2022 for mili-               ment of this Act, and annually thereafter,
                                             for defense activities of the Depart-                                                                          the Administrator of the Drug Enforcement
                                                                                                     tary activities of the Department of
                                             ment of Energy, to prescribe military                   Defense, for military construction, and                Administration, in coordination with the Of-
                                             personnel strengths for such fiscal                     for defense activities of the Depart-                  fice of National Drug Control Policy, U.S.
                                             year, and for other purposes; which was                 ment of Energy, to prescribe military                  Customs and Border Protection, the Depart-
                                             ordered to lie on the table; as follows:                personnel strengths for such fiscal                    ment of Homeland Security, the Department
                                               At the end of subtitle B of title X, add the                                                                 of Justice, the Coast Guard, the Centers for
                                                                                                     year, and for other purposes; which was
                                             following:                                                                                                     Disease Control and Prevention, the Office of
                                                                                                     ordered to lie on the table; as follows:               the United States Trade Representative, the
                                             SEC. 1013. PROTECTING AMERICANS AGAINST
                                                        FENTANYL AND OTHER SYNTHETIC                   At the end of subtitle F of title X, add the         Office of the Director of National Intel-
                                                        OPIOIDS.                                     following:                                             ligence, the Central Intelligence Agency ,
                                               (a) STATEMENT OF POLICY.—It is the policy             SEC. 1054. STUDY AND REPORT ON BILATERAL               the Department of Defense, the United
                                             of the United States that all cabinet officials                     EFFORTS TO ADDRESS CHINESE
                                                                                                                 FENTANYL TRAFFICKING.
                                                                                                                                                            States Postal Service, and other relevant
                                             and other Government officers shall, in ad-                                                                    agencies, shall submit a report to Congress
                                             vancing American interests by working with                (a) FINDINGS.—Congress finds the fol-
                                                                                                     lowing:                                                that describes—
                                             other countries and international organiza-                                                                      (1) with respect to illicit fentanyl, fentanyl
                                             tions, advocate for treating fentanyl and                 (1) In January 2020, the DEA named China
                                                                                                     as the primary source of United States-                analogues, synthetic opioids, the precursors
                                             other synthetic opioids as weapons of mass                                                                     for illicit fentanyl, fentanyl analogues, or
                                             destruction.                                            bound illicit fentanyl and synthetic opioids.
                                                                                                       (2) While in 2019 China instituted domestic          synthetic opioids, methamphetamine, or
                                                (b) HOMELAND SECURITY ACT OF 2002.—Sec-                                                                     methamphetamine precursors seized at the
                                             tion 1921 of the Homeland Security Act of               controls on the production and exportation
                                                                                                     of fentanyl, some of its variants, and 2 pre-          United States borders and ports of entry—
                                             2002 (6 U.S.C. 591g) is amended by inserting                                                                     (A) the source countries from which such
                                             ‘‘fentanyl or synthetic opioid,’’ after ‘‘chem-         cursors known as NPP and 4–ANPP, China
                                                                                                     has not yet expanded its class scheduling to           drugs originated and the third party coun-
                                             ical,’’.                                                                                                       tries through which such drugs traveled;
                                                (c) DEFENSE AGAINST WEAPONS OF MASS                  include many fentanyl precursors such as 4–
                                                                                                     AP, which continue to be trafficked to sec-              (B) the amounts of illicit fentanyl,
                                             DESTRUCTION ACT OF 1996.—Section 1403(1) of                                                                    fentanyl analogues, synthetic opioids, the
                                             the Defense Against Weapons of Mass De-                 ond countries in which they are used in the
                                                                                                     final production of United States-bound                precursors for illicit fentanyl, fentanyl ana-
                                             struction Act of 1996 (50 U.S.C. 2302(1)) is                                                                   logues, or synthetic opioids, methamphet-
                                             amended—                                                fentanyl and other synthetic opioids.
                                                                                                       (3) The DEA currently maintains a pres-              amine, or methamphetamine precursors; and
                                                (1) in subparagraph (B), by striking ‘‘or’’ at                                                                (C) the lethality of the amounts of illicit
                                             the end;                                                ence in Beijing but continues to seek Chinese
                                                                                                     approval to open offices in the major ship-            fentanyl, fentanyl analogues, synthetic
                                                (2) in subparagraph (C), by striking the pe-                                                                opioids, the precursors for illicit fentanyl,
                                             riod at the end and inserting ‘‘; or’’; and             ping hubs of Guangzhou and Shanghai.
                                                                                                       (b) DEFINITIONS.—In this section:                    fentanyl analogues, or synthetic opioids,
                                                (3) by adding at the end the following:                                                                     methamphetamine, or methamphetamine
                                                ‘‘(D) illicit fentanyl, fentanyl analogues, or         (1) APPROPRIATE COMMITTEES OF CON-
                                                                                                     GRESS.—The term ‘‘appropriate committees               precursors seized;
                                             synthetic opioids.’’.                                                                                            (2) with respect to illicit fentanyl, fentanyl
                                                (d) FOREIGN INTELLIGENCE SURVEILLANCE                of Congress’’ means—
                                                                                                       (A) the Committee on the Judiciary of the            analogues, synthetic opioids, the precursors
                                             ACT OF 1978.—Section 101(p)(2) of the Foreign
                                                                                                     Senate;                                                for illicit fentanyl, fentanyl analogues, or
                                             Intelligence Surveillance Act of 1978 (50
                                                                                                       (B) the Committee on Foreign Relations of            synthetic opioids, methamphetamine, or
                                             U.S.C. 1801(p)(2)) is amended by inserting ‘‘,
                                                                                                     the Senate;                                            methamphetamine precursors seized within
                                             including illicit fentanyl, fentanyl ana-
                                                                                                       (C) the Committee on the Judiciary of the            the United States—
                                             logues, or synthetic opioids’’ after ‘‘precur-
                                                                                                     House of Representatives; and                            (A) the source countries from which such
                                             sors’’.
                                                                                                       (D) the Committee on Foreign Affairs of              drugs originated and the third party coun-
                                               SA 4692. Mr. HAGERTY submitted an                     the House of Representatives.                          tries through which such drugs traveled;
                                                                                                       (2) CHINA.—The term ‘‘China’’ means the                (B) the amounts of illicit fentanyl,
                                             amendment intended to be proposed to
                                                                                                     People’s Republic of China.                            fentanyl analogues, synthetic opioids, the
                                             amendment SA 3867 submitted by Mr.                                                                             precursors for illicit fentanyl, fentanyl ana-
                                                                                                       (3) DEA.—The term ‘‘DEA’’ means the
                                             REED and intended to be proposed to                                                                            logues, or synthetic opioids, methamphet-
                                                                                                     Drug Enforcement Administration.
                                             the bill H.R. 4350, to authorize appro-                   (4) PRECURSORS.—The term ‘‘precursors’’              amine, or methamphetamine precursors
                                             priations for fiscal year 2022 for mili-                means chemicals used in the illicit produc-            seized; and
                                             tary activities of the Department of                    tion of fentanyl and related synthetic opioid            (C) the lethality of the amounts of illicit
                                             Defense, for military construction, and                 variants.                                              fentanyl, fentanyl analogues, synthetic
                                             for defense activities of the Depart-                     (c) CHINA’S CLASS SCHEDULING OF FENTANYL             opioids, the precursors for illicit fentanyl,




dlhill on DSK120RN23PROD with SENATE
                                                                                                     AND SYNTHETIC OPIOID PRECURSORS.—Not                   fentanyl analogues, or synthetic opioids,
                                             ment of Energy, to prescribe military
                                                                                                     later than 180 days after the date of the en-          methamphetamine, or methamphetamine
                                             personnel strengths for such fiscal                                                                            precursors seized; and
                                                                                                     actment of this Act, the Secretary of State
                                             year, and for other purposes; which was                 and the Attorney General shall submit to the             (3) the activities conducted by Chinese en-
                                             ordered to lie on the table; as follows:                appropriate committees of Congress an un-              tities and nationals in furtherance of illicit
                                               At the end of subtitle F of title X, add the          classified written report, with a classified           fentanyl production in Mexico for drug traf-
                                             following:                                              annex, that includes—                                  ficking purposes.




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                    S8279
                                               SA 4694. Mr. HAGERTY submitted an                     ment of Energy, to prescribe military                    (A) the numbers of single adults, members
                                             amendment intended to be proposed to                    personnel strengths for such fiscal                    of family units, and minors;
                                             amendment SA 3867 submitted by Mr.                      year, and for other purposes; which was                  (B) age;
                                                                                                                                                              (C) sex; and
                                             REED and intended to be proposed to                     ordered to lie on the table; as follows:
                                                                                                                                                              (D) country of origin.
                                             the bill H.R. 4350, to authorize appro-                   At the appropriate place, insert the fol-
                                             priations for fiscal year 2022 for mili-                lowing:                                                  SA 4697. Mr. HAGERTY submitted an
                                             tary activities of the Department of                    SEC. 10l. ADVANCE CONSULTATION WITH STATE              amendment intended to be proposed to
                                                                                                                 AND LOCAL OFFICIALS AND MONTH-
                                             Defense, for military construction, and                             LY REPORTS TO CONGRESS RE-                 amendment SA 3867 submitted by Mr.
                                             for defense activities of the Depart-                               GARDING   THE    RESETTLEMENT,             REED and intended to be proposed to
                                             ment of Energy, to prescribe military                               TRANSPORTATION, AND RELOCA-                the bill H.R. 4350, to authorize appro-
                                                                                                                 TION OF ALIENS IN THE UNITED               priations for fiscal year 2022 for mili-
                                             personnel strengths for such fiscal                                 STATES.
                                             year, and for other purposes; which was                   (a) CONSULTATION REQUIREMENT.—Not later
                                                                                                                                                            tary activities of the Department of
                                             ordered to lie on the table; as follows:                than 3 business days before any resettle-              Defense, for military construction, and
                                               At the end of subtitle E of title III, add the        ment, transportation, or relocation of non-            for defense activities of the Depart-
                                             following:                                              detained aliens in the United States that is           ment of Energy, to prescribe military
                                             SEC. 376. BRIEFING ON DEPOT MAINTENANCE.                directed, administered, or funded by the Fed-          personnel strengths for such fiscal
                                               (a) IN GENERAL.—Not later than 180 days               eral Government, the Secretary of Health               year, and for other purposes; which was
                                             after the date of the enactment of this Act,            and Human Services (in the case of minors)             ordered to lie on the table; as follows:
                                             the Assistant Secretary of Defense for Readi-           or the Secretary of Homeland Security (in
                                                                                                                                                              At the end of subtitle G of title X, add the
                                             ness shall brief the congressional defense              the case of adults), as appropriate, shall con-
                                                                                                                                                            following:
                                             committees on the source of repair decision-            sult with the governors and municipal chief
                                                                                                                                                            SEC. 1064. GUIDANCE ON FOREIGN TRANSPOR-
                                             making process of the Department of De-                 executives of the directly affected States and                     TATION NETWORK COMPANIES.
                                             fense for depots.                                       local jurisdictions regarding the proposed re-
                                                                                                                                                              Not later than 90 days after the date of the
                                               (b) ELEMENTS.—The briefing required under             settlement, transportation, or relocation.
                                                                                                                                                            enactment of this Act, the Secretary of De-
                                             subsection (a) shall include—                             (b) REPORTS REQUIRED.—Not later than 7
                                                                                                                                                            fense, in concurrence with the Secretary of
                                                                                                     days after the date of the enactment of this
                                               (1) information on how costs and risks to                                                                    State and the Director of National Intel-
                                                                                                     Act, and monthly thereafter, the Secretary
                                             readiness of the Armed Forces are being ad-                                                                    ligence,    shall    assess    the   security
                                                                                                     of Health and Human Services and the Sec-
                                             dressed in the process described in sub-                                                                       vulnerabilities associated with the use mem-
                                                                                                     retary of Homeland Security, in consultation
                                             section (a);                                                                                                   bers of the Armed Forces and Department of
                                                                                                     with other appropriate Federal officials,
                                               (2) a timeline for decision making under                                                                     Defense civilian personnel of foreign trans-
                                                                                                     shall—
                                             such process; and                                                                                              portation network companies and provide
                                                                                                       (1) submit a State-specific report regarding         guidance on the appropriate use of such com-
                                               (3) an assessment of the objective balance
                                                                                                     the resettlement, transportation, or reloca-           panies. The assessment shall include a re-
                                             of workload between the public and private
                                                                                                     tion of non-detained aliens in the United              view of the data privacy and national secu-
                                             sectors under such process.
                                                                                                     States during the previous month that was              rity risks inherent to third-party transpor-
                                                                                                     directed, administered, or funded by the Fed-          tation operators with ties to foreign govern-
                                               SA 4695. Mr. HAGERTY submitted an
                                                                                                     eral Government or that involved aliens sub-           ment agencies that provide transportation
                                             amendment intended to be proposed to                    ject to the U.S. Immigration and Customs
                                             amendment SA 3867 submitted by Mr.                                                                             services to members of the Armed Forces, in-
                                                                                                     Enforcement’s Alternatives to Detention                cluding the exposure of trip and route details
                                             REED and intended to be proposed to                     program that contains the information de-              and personally identifiable information.
                                             the bill H.R. 4350, to authorize appro-                 scribed in subsection (c) to—
                                             priations for fiscal year 2022 for mili-                  (A) the Committee on the Judiciary of the              SA 4698. Mr. HAGERTY submitted an
                                             tary activities of the Department of                    Senate;                                                amendment intended to be proposed to
                                             Defense, for military construction, and                   (B) the Committee on Appropriations of               amendment SA 3867 submitted by Mr.
                                                                                                     the Senate;                                            REED and intended to be proposed to
                                             for defense activities of the Depart-
                                                                                                       (C) the Committee on the Judiciary of the
                                             ment of Energy, to prescribe military                                                                          the bill H.R. 4350, to authorize appro-
                                                                                                     House of Representatives;
                                             personnel strengths for such fiscal                       (D) the Committee on Appropriations of               priations for fiscal year 2022 for mili-
                                             year, and for other purposes; which was                 the House of Representatives; and                      tary activities of the Department of
                                             ordered to lie on the table; as follows:                  (E) the governor of each of the affected             Defense, for military construction, and
                                               At the end of subtitle C of title XV, add the         States; and                                            for defense activities of the Depart-
                                             following:                                                (2) make the report described in paragraph           ment of Energy, to prescribe military
                                             SEC. 1548. REPORT ON INCREASING TRAINING                (1) available on a publicly accessible website.        personnel strengths for such fiscal
                                                         CAPACITY FOR WEAPONS OF MASS                  (c) CONTENTS.—Each report under sub-                 year, and for other purposes; which was
                                                         DESTRUCTION   CIVIL  SUPPORT                section (b) shall contain, with respect to             ordered to lie on the table; as follows:
                                                         TEAMS.                                      each State—
                                                                                                                                                              At the end of subtitle C of title XII, add
                                               Not later than December 31, 2022, the Sec-              (1) the number of aliens resettled, trans-
                                                                                                                                                            the following:
                                             retary of Defense, in consultation with the             ported, or relocated during the previous
                                                                                                                                                            SEC. 1224. CONGRESSIONAL REVIEW OF CERTAIN
                                             Chief of the National Guard Bureau and the              month and the current calendar year,                               ACTIONS RELATING TO SANCTIONS
                                             Secretary of Energy, shall submit to the con-           disaggregated by—                                                  IMPOSED WITH RESPECT TO IRAN.
                                             gressional defense committees a report—                   (A) the numbers of single adults, members              (a) SUBMISSION TO CONGRESS OF PROPOSED
                                               (1) assessing the feasibility of increasing           of family units, and minors;                           ACTION.—
                                             training capacity for weapons of mass de-                 (B) age;                                               (1) IN GENERAL.—Notwithstanding any
                                             struction civil support teams, including                  (C) sex; and                                         other provision of law, before taking any ac-
                                             through—                                                  (D) country of origin;                               tion described in paragraph (2), the President
                                               (A) the establishment of new facilities and             (2) the methods used to determine the ages           shall submit to the appropriate congres-
                                             programs to provide such training; and                  of such aliens;                                        sional committees and leadership a report
                                               (B) the augmentation of existing facilities             (3) the methods used to verify the familial          that describes the proposed action and the
                                             and programs to provide such training;                  status of such aliens;                                 reasons for that action.
                                               (2) estimating the costs associated with in-            (4) the types of settings in which such                (2) ACTIONS DESCRIBED.—
                                             creasing training capacity as described in              aliens are being resettled, transported, or re-          (A) IN GENERAL.—An action described in
                                             paragraph (1); and                                      located, which may be aggregated by the                this paragraph is—
                                               (3) identifying facilities and programs that          general type of setting;                                 (i) an action to terminate the application
                                             could be established or augmented as de-                  (5) a summary of the educational or occu-            of any sanctions described in subparagraph
                                             scribed in paragraph (1).                               pational resources or assistance provided to           (B);
                                                                                                     such aliens;                                             (ii) with respect to sanctions described in
                                               SA 4696. Mr. HAGERTY submitted an                       (6) whether such aliens are granted permits          subparagraph (B) imposed by the President
                                             amendment intended to be proposed to                    to work and how any such aliens without a              with respect to a person, an action to waive
                                             amendment SA 3867 submitted by Mr.                      work permit will financially support them-             the application of those sanctions with re-




dlhill on DSK120RN23PROD with SENATE
                                             REED and intended to be proposed to                     selves;                                                spect to that person; or
                                                                                                       (7) the amounts and types of Federal re-               (iii) a licensing action that significantly
                                             the bill H.R. 4350, to authorize appro-
                                                                                                     sources spent on alien resettlement, trans-            alters United States foreign policy with re-
                                             priations for fiscal year 2022 for mili-                portation, or relocation; and                          spect to Iran.
                                             tary activities of the Department of                      (8) whether the aliens are being resettled,            (B) SANCTIONS DESCRIBED.—The sanctions
                                             Defense, for military construction, and                 transported, or relocated on a temporary or            described in this subparagraph are sanctions
                                             for defense activities of the Depart-                   permanent basis, disaggregated by—                     with respect to Iran provided for under—




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                                             S8280                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                                (i) the Iran Sanctions Act of 1996 (Public             (B) in the case of a report that relates to          means only a joint resolution of either House
                                             Law 104–172; 50 U.S.C. 1701 note);                      an action that is intended to significantly            of Congress—
                                                (ii) the Comprehensive Iran Sanctions, Ac-           alter United States foreign policy with re-              (i) the title of which is as follows: ‘‘A joint
                                             countability, and Divestment Act of 2010 (22            spect to Iran, the Committee on Foreign Re-            resolution disapproving the President’s pro-
                                             U.S.C. 8501 et seq.);                                   lations of the Senate and the Committee on             posal to take an action relating to the appli-
                                                (iii) section 1245 of the National Defense           Foreign Affairs of the House of Representa-            cation of certain sanctions with respect to
                                             Authorization Act for Fiscal Year 2012 (22              tives should, as appropriate, hold hearings            Iran.’’; and
                                             U.S.C. 8513a);                                          and briefings and otherwise obtain informa-              (ii) the sole matter after the resolving
                                                (iv) the Iran Threat Reduction and Syria             tion in order to fully review the report.              clause of which is the following: ‘‘Congress
                                             Human Rights Act of 2012 (22 U.S.C. 8701 et               (2) EXCEPTION.—The period for congres-               disapproves of the action relating to the ap-
                                             seq.);                                                  sional review under paragraph (1) of a report          plication of sanctions imposed with respect
                                                (v) the Iran Freedom and Counter-Pro-                required to be submitted under subsection              to Iran proposed by the President in the re-
                                             liferation Act of 2012 (22 U.S.C. 8801 et seq.);        (a)(1) shall be 60 calendar days if the report         port submitted to Congress under section
                                                (vi) the International Emergency Eco-                is submitted on or after July 10 and on or be-         1224(a)(1) of the National Defense Authoriza-
                                             nomic Powers Act (50 U.S.C. 1701 note); or              fore September 7 in any calendar year.                 tion Act for Fiscal Year 2022 on lllllll
                                                (vii) any other statute or Executive order             (3) LIMITATION ON ACTIONS DURING INITIAL             relating to llllllll.’’, with the first
                                             that requires or authorizes the imposition of           CONGRESSIONAL       REVIEW   PERIOD.—Notwith-          blank space being filled with the appropriate
                                             sanctions with respect to Iran.                         standing any other provision of law, during            date and the second blank space being filled
                                                (3) DESCRIPTION OF TYPE OF ACTION.—Each              the period for congressional review provided           with a short description of the proposed ac-
                                             report submitted under paragraph (1) with               for under paragraph (1) of a report submitted          tion.
                                             respect to an action described in paragraph             under subsection (a)(1) proposing an action              (2) INTRODUCTION.—During the period of 30
                                             (2) shall include a description of whether the          described in subsection (a)(2), including any          calendar days provided for under subsection
                                             action—                                                 additional period for such review as applica-          (b)(1), including any additional period as ap-
                                                (A) is not intended to significantly alter           ble under the exception provided in para-              plicable under the exception provided in sub-
                                             United States foreign policy with respect to            graph (2), the President may not take that             section (b)(2), a joint resolution of approval
                                             Iran; or                                                action unless a joint resolution of approval           or joint resolution of disapproval may be in-
                                                (B) is intended to significantly alter               with respect to that action is enacted in ac-          troduced—
                                             United States foreign policy with respect to            cordance with subsection (c).                            (A) in the House of Representatives, by the
                                             Iran.                                                     (4) LIMITATION ON ACTIONS DURING PRESI-              majority leader or the minority leader; and
                                                (4) INCLUSION OF ADDITIONAL MATTER.—                 DENTIAL CONSIDERATION OF A JOINT RESOLU-
                                                                                                                                                              (B) in the Senate, by the majority leader
                                                (A) IN GENERAL.—Each report submitted                TION OF DISAPPROVAL.—Notwithstanding any
                                                                                                                                                            (or the majority leader’s designee) or the mi-
                                             under paragraph (1) that relates to an action           other provision of law, if a joint resolution of       nority leader (or the minority leader’s des-
                                             that is intended to significantly alter United          disapproval relating to a report submitted             ignee).
                                             States foreign policy with respect to Iran              under subsection (a)(1) proposing an action              (3) FLOOR CONSIDERATION IN HOUSE OF REP-
                                                                                                                                                            RESENTATIVES.—If a committee of the House
                                             shall include a description of—                         described in subsection (a)(2) passes both
                                                                                                                                                            of Representatives to which a joint resolu-
                                                (i) the significant alteration to United             Houses of Congress in accordance with sub-
                                                                                                                                                            tion of approval or joint resolution of dis-
                                             States foreign policy with respect to Iran;             section (c), the President may not take that
                                                                                                                                                            approval has been referred has not reported
                                                (ii) the anticipated effect of the action on         action for a period of 12 calendar days after
                                                                                                                                                            the joint resolution within 10 calendar days
                                             the national security interests of the United           the date of passage of the joint resolution of
                                                                                                                                                            after the date of referral, that committee
                                             States; and                                             disapproval.
                                                                                                                                                            shall be discharged from further consider-
                                                (iii) the policy objectives for which the              (5) LIMITATION ON ACTIONS DURING CONGRES-
                                                                                                                                                            ation of the joint resolution.
                                             sanctions affected by the action were ini-              SIONAL RECONSIDERATION OF A JOINT RESOLU-
                                                                                                                                                              (4) CONSIDERATION IN THE SENATE.—
                                             tially imposed.                                         TION OF DISAPPROVAL.—Notwithstanding any
                                                                                                                                                              (A) COMMITTEE REFERRAL.—A joint resolu-
                                                (B) REQUESTS FROM BANKING AND FINANCIAL              other provision of law, if a joint resolution of
                                                                                                                                                            tion of approval or joint resolution of dis-
                                             SERVICES COMMITTEES.—The Committee on                   disapproval relating to a report submitted             approval introduced in the Senate shall be—
                                             Banking, Housing, and Urban Affairs of the              under subsection (a)(1) proposing an action              (i) referred to the Committee on Banking,
                                             Senate or the Committee on Financial Serv-              described in subsection (a)(2) passes both             Housing, and Urban Affairs if the joint reso-
                                             ices of the House of Representatives may re-            Houses of Congress in accordance with sub-             lution relates to a report under subsection
                                             quest the submission to the Committee of                section (c), and the President vetoes the              (a)(3)(A) that relates to an action that is not
                                             the matter described in clauses (ii) and (iii)          joint resolution, the President may not take           intended to significantly alter United States
                                             of subparagraph (A) with respect to a report            that action for a period of 10 calendar days           foreign policy with respect to Iran; and
                                             submitted under paragraph (1) that relates              after the date of the President’s veto.                  (ii) referred to the Committee on Foreign
                                             to an action that is not intended to signifi-             (6) EFFECT OF ENACTMENT OF A JOINT RESO-             Relations if the joint resolution relates to a
                                             cantly alter United States foreign policy               LUTION OF DISAPPROVAL.—Notwithstanding                 report under subsection (a)(3)(B) that relates
                                             with respect to Iran.                                   any other provision of law, if a joint resolu-         to an action that is intended to significantly
                                                (5) CONFIDENTIALITY OF PROPRIETARY INFOR-            tion of disapproval relating to a report sub-          alter United States foreign policy with re-
                                             MATION.—Proprietary information that can                mitted under subsection (a)(1) proposing an            spect to Iran.
                                             be associated with a particular person with             action described in subsection (a)(2) is en-             (B) REPORTING AND DISCHARGE.—If the com-
                                             respect to an action described in paragraph             acted in accordance with subsection (c), the           mittee to which a joint resolution of ap-
                                             (2) may be included in a report submitted               President may not take that action.                    proval or joint resolution of disapproval was
                                             under paragraph (1) only if the appropriate               (c) JOINT RESOLUTIONS OF DISAPPROVAL OR              referred has not reported the joint resolution
                                             congressional committees and leadership                 APPROVAL.—                                             within 10 calendar days after the date of re-
                                             provide assurances of confidentiality, unless             (1) DEFINITIONS.—In this subsection:                 ferral of the joint resolution, that committee
                                             that person otherwise consents in writing to              (A) JOINT RESOLUTION OF APPROVAL.—The                shall be discharged from further consider-
                                             such disclosure.                                        term ‘‘joint resolution of approval’’ means            ation of the joint resolution and the joint
                                                (6) RULE OF CONSTRUCTION.—Paragraph                  only a joint resolution of either House of             resolution shall be placed on the appropriate
                                             (2)(A)(iii) shall not be construed to require           Congress—                                              calendar.
                                             the submission of a report under paragraph                (i) the title of which is as follows: ‘‘A joint        (C) PROCEEDING TO CONSIDERATION.—Not-
                                             (1) with respect to the routine issuance of a           resolution approving the President’s pro-              withstanding Rule XXII of the Standing
                                             license that does not significantly alter               posal to take an action relating to the appli-         Rules of the Senate, it is in order at any
                                             United States foreign policy with respect to            cation of certain sanctions with respect to            time after the Committee on Banking, Hous-
                                             Iran.                                                   Iran.’’; and                                           ing, and Urban Affairs or the Committee on
                                                (b) PERIOD FOR REVIEW BY CONGRESS.—                    (ii) the sole matter after the resolving             Foreign Relations, as the case may be, re-
                                                (1) IN GENERAL.—During the period of 30              clause of which is the following: ‘‘Congress           ports a joint resolution of approval or joint
                                             calendar days beginning on the date on                  approves of the action relating to the appli-          resolution of disapproval to the Senate or
                                             which the President submits a report under              cation of sanctions imposed with respect to            has been discharged from consideration of
                                             subsection (a)(1)—                                      Iran proposed by the President in the report           such a joint resolution (even though a pre-
                                                (A) in the case of a report that relates to          submitted      to   Congress    under     section      vious motion to the same effect has been dis-
                                             an action that is not intended to signifi-              1224(a)(1) of the National Defense Authoriza-          agreed to) to move to proceed to the consid-
                                             cantly alter United States foreign policy               tion Act for Fiscal Year 2022 on lllllll               eration of the joint resolution, and all points




dlhill on DSK120RN23PROD with SENATE
                                             with respect to Iran, the Committee on                  relating to llllllll.’’, with the first                of order against the joint resolution (and
                                             Banking, Housing, and Urban Affairs of the              blank space being filled with the appropriate          against consideration of the joint resolution)
                                             Senate and the Committee on Financial                   date and the second blank space being filled           are waived. The motion to proceed is not de-
                                             Services of the House of Representatives                with a short description of the proposed ac-           batable. The motion is not subject to a mo-
                                             should, as appropriate, hold hearings and               tion.                                                  tion to postpone. A motion to reconsider the
                                             briefings and otherwise obtain information                (B) JOINT RESOLUTION OF DISAPPROVAL.—                vote by which the motion is agreed to or dis-
                                             in order to fully review the report; and                The term ‘‘joint resolution of disapproval’’           agreed to shall not be in order.




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8281
                                               (D) RULINGS OF THE CHAIR ON PROCEDURE.—                 (iii) NO COMPANION MEASURE.—If a joint res-          agencies input on all activities, policies, pro-
                                             Appeals from the decisions of the Chair re-             olution of approval or a joint resolution of           grams, and funding relating to equal oppor-
                                             lating to the application of the rules of the           disapproval is received from the House, and            tunity for women and the advancement of
                                             Senate, as the case may be, to the procedure            no companion joint resolution has been in-             women and girls internationally;
                                             relating to a joint resolution of approval or           troduced in the Senate, the Senate proce-                ‘‘(B)(i) shall work to ensure that efforts to
                                             joint resolution of disapproval shall be de-            dures under this subsection shall apply to             advance equal opportunity for women and
                                             cided without debate.                                   the House joint resolution.                            men and women’s and girls’ empowerment
                                               (E) CONSIDERATION OF VETO MESSAGES.—De-                 (C) APPLICATION TO REVENUE MEASURES.—                are fully integrated into the programs,
                                             bate in the Senate of any veto message with             The provisions of this paragraph shall not             structures, processes, and capacities of all
                                             respect to a joint resolution of approval or            apply in the House of Representatives to a             bureaus and offices of the Department of
                                             joint resolution of disapproval, including all          joint resolution of approval or joint resolu-          State; and
                                             debatable motions and appeals in connection             tion of disapproval that is a revenue meas-              ‘‘(ii) may, as appropriate, work to ensure
                                             with the joint resolution, shall be limited to          ure.                                                   that efforts to advance equal opportunity for
                                             10 hours, to be equally divided between, and              (6) RULES OF HOUSE OF REPRESENTATIVES                women and men and women’s and girls’ em-
                                             controlled by, the majority leader and the              AND SENATE.—This subsection is enacted by              powerment are fully integrated into the
                                             minority leader or their designees.                     Congress—                                              international programs of other Federal
                                               (5) RULES RELATING TO SENATE AND HOUSE                  (A) as an exercise of the rulemaking power           agencies;
                                             OF REPRESENTATIVES.—                                    of the Senate and the House of Representa-               ‘‘(C) shall implement the Women’s Global
                                                                                                     tives, respectively, and as such is deemed a           Development and Prosperity Initiative, in
                                               (A) TREATMENT OF SENATE JOINT RESOLU-
                                                                                                     part of the rules of each House, respectively,         accordance with subsection (c); and
                                             TION IN HOUSE.—In the House of Representa-
                                                                                                     and supersedes other rules only to the extent            ‘‘(D) may not engage in any activities not
                                             tives, the following procedures shall apply to
                                                                                                     that it is inconsistent with such rules; and           described in subparagraphs (A) through (C).
                                             a joint resolution of approval or a joint reso-                                                                  ‘‘(c) WOMEN’S GLOBAL DEVELOPMENT AND
                                             lution of disapproval received from the Sen-              (B) with full recognition of the constitu-
                                                                                                     tional right of either House to change the             PROSPERITY INITIATIVE.—
                                             ate (unless the House has already passed a                                                                       ‘‘(1) ESTABLISHMENT.—The Secretary of
                                             joint resolution relating to the same pro-              rules (so far as relating to the procedure of
                                                                                                     that House) at any time, in the same man-              State shall establish the Women’s Global De-
                                             posed action):                                                                                                 velopment and Prosperity Initiative (re-
                                               (i) The joint resolution shall be referred to         ner, and to the same extent as in the case of
                                                                                                                                                            ferred to in this subsection as the ‘Initia-
                                             the appropriate committees.                             any other rule of that House.
                                                                                                       (d) APPROPRIATE CONGRESSIONAL COMMIT-                tive’) to carry out the activities described in
                                               (ii) If a committee to which a joint resolu-                                                                 paragraphs (2) through (4).
                                                                                                     TEES AND LEADERSHIP DEFINED.—In this sec-
                                             tion has been referred has not reported the                                                                      ‘‘(2) WOMEN PROSPERING IN THE WORK-
                                             joint resolution within 2 calendar days after           tion, the term ‘‘appropriate congressional
                                                                                                     committees and leadership’’ means—                     FORCE.—The Initiative shall advance women
                                             the date of referral, that committee shall be                                                                  in the workforce by improving their access
                                             discharged from further consideration of the              (1) the Committee on Banking, Housing,
                                                                                                     and Urban Affairs, the Committee on For-               to quality vocational education and skills
                                             joint resolution.                                                                                              training, which will enable them to secure
                                               (iii) Beginning on the third legislative day          eign Relations, and the majority and minor-
                                                                                                     ity leaders of the Senate; and                         jobs in their local economies.
                                             after each committee to which a joint reso-                                                                      ‘‘(3)    WOMEN     SUCCEEDING    AS    ENTRE-
                                             lution has been referred reports the joint res-           (2) the Committee on Financial Services,
                                                                                                     the Committee on Foreign Affairs, and the              PRENEURS.—The Initiative shall promote
                                             olution to the House or has been discharged                                                                    women’s entrepreneurship and increasing ac-
                                             from further consideration thereof, it shall            Speaker, the majority leader, and the minor-
                                                                                                     ity leader of the House of Representatives.            cess to capital, financial services, markets,
                                             be in order to move to proceed to consider                                    ---                              technical assistance, and mentorship.
                                             the joint resolution in the House. All points             SA 4699. Mr. HAGERTY submitted an                      ‘‘(4) WOMEN ENABLED IN THE ECONOMY.—The
                                             of order against the motion are waived. Such                                                                   Initiative shall identify and reduce the bind-
                                             a motion shall not be in order after the
                                                                                                     amendment intended to be proposed to
                                                                                                     amendment SA 3867 submitted by Mr.                     ing constraints in economic and property
                                             House has disposed of a motion to proceed on                                                                   laws and practices that prevent women’s full
                                             the joint resolution. The previous question             REED and intended to be proposed to
                                                                                                                                                            and free participation in the global economy
                                             shall be considered as ordered on the motion            the bill H.R. 4350, to authorize appro-                and promote foundational legal reforms, in-
                                             to its adoption without intervening motion.             priations for fiscal year 2022 for mili-               cluding—
                                             The motion shall not be debatable. A motion             tary activities of the Department of                     ‘‘(A) ensuring that women can fully par-
                                             to reconsider the vote by which the motion              Defense, for military construction, and                ticipate in the workforce and engage in eco-
                                             is disposed of shall not be in order.                   for defense activities of the Depart-                  nomic activities by—
                                               (iv) The joint resolution shall be consid-            ment of Energy, to prescribe military                    ‘‘(i) ending impunity for violence against
                                             ered as read. All points of order against the                                                                  women;
                                                                                                     personnel strengths for such fiscal
                                             joint resolution and against its consider-                                                                       ‘‘(ii) ensuring that women have the author-
                                             ation are waived. The previous question shall
                                                                                                     year, and for other purposes; which was
                                                                                                                                                            ity to sign legal documents, such as con-
                                             be considered as ordered on the joint resolu-           ordered to lie on the table; as follows:
                                                                                                                                                            tracts and court documents; and
                                             tion to final passage without intervening                 At the end of subtitle G of title XII, add             ‘‘(iii) addressing unequal access to courts
                                             motion except 2 hours of debate equally di-             the following:                                         and administrative bodies for women, wheth-
                                             vided and controlled by the sponsor of the              SEC. 1283. OFFICE OF GLOBAL WOMEN’S ISSUES
                                                                                                                                                            er officially or through lack of proper en-
                                             joint resolution (or a designee) and an oppo-                       AND THE WOMEN’S GLOBAL DEVEL-
                                                                                                                 OPMENT AND PROSPERITY INITIA-              forcement;
                                             nent. A motion to reconsider the vote on                                                                         ‘‘(B) ensuring women’s equal access to
                                                                                                                 TIVE.
                                             passage of the joint resolution shall not be in                                                                credit and capital to start and grow their
                                                                                                       Chapter 1 of part I of the Foreign Assist-
                                             order.                                                                                                         businesses, savings, and investments, includ-
                                                                                                     ance Act of 1961 (22 U.S.C. 2151 et seq.) is
                                               (B) TREATMENT OF HOUSE JOINT RESOLUTION                                                                      ing prohibiting discrimination in access to
                                                                                                     amended by adding at the end the following:
                                             IN SENATE.—                                                                                                    credit on the basis of sex or marital status;
                                                                                                     ‘‘SEC. 138. OFFICE OF GLOBAL WOMEN’S ISSUES
                                               (i) RECEIPT BEFORE PASSAGE.—If, before the                         AND THE WOMEN’S GLOBAL DEVEL-               ‘‘(C) lifting restrictions on women’s right
                                             passage by the Senate of a joint resolution of                       OPMENT AND PROSPERITY INITIA-             to own, manage, and make decisions relating
                                             approval or joint resolution of disapproval,                         TIVE.                                     to the use of property, including repealing
                                             the Senate receives an identical joint resolu-             ‘‘(a) IN GENERAL.—The Secretary of State            limitations on inheritance and ensuring the
                                             tion from the House of Representatives, the             shall establish, in the Office of the Secretary        ability to transfer, purchase, or lease such
                                             following procedures shall apply:                       of State, the Office of Global Women’s Issues          property;
                                               (I) That joint resolution shall not be re-            (referred to in this section as the ‘Office’).           ‘‘(D) addressing constraints on women’s
                                             ferred to a committee.                                    ‘‘(b) PURPOSE; DUTIES.—                              freedom of movement, including sex-based
                                               (II) With respect to that joint resolution—             ‘‘(1) PURPOSE.—The purpose of the Office is          restrictions on obtaining passports and iden-
                                               (aa) the procedure in the Senate shall be             to advance equal opportunity for women and             tification documents; and
                                             the same as if no joint resolution had been             the status of women and girls in United                  ‘‘(E) promoting the free and equal partici-
                                             received from the House of Representatives;             States foreign policy.                                 pation of women in the economy with regard
                                             but                                                       ‘‘(2) DUTIES.—In carrying out the purpose            to working hours, occupations, and occupa-
                                               (bb) the vote on passage shall be on the              described in paragraph (1), the Office—                tional tasks.
                                             joint resolution from the House of Rep-                   ‘‘(A)(i) shall advise the Secretary of State           ‘‘(d) SUPERVISION.—The Office shall be
                                             resentatives.                                           and provide input on all activities, policies,         headed by an Ambassador-at-Large for Glob-




dlhill on DSK120RN23PROD with SENATE
                                               (ii) RECEIPT AFTER PASSAGE.—If, following             programs, and funding relating to equal op-            al Women’s Issues and the Women’s Global
                                             passage of a joint resolution of approval or            portunity for women and the advancement of             Development and Prosperity Initiative (re-
                                             joint resolution of disapproval in the Senate,          women and girls internationally to all bu-             ferred to in this section as the ‘Ambas-
                                             the Senate receives an identical joint resolu-          reaus and offices of the Department of State;          sador’), who shall—
                                             tion from the House of Representatives, that            and                                                      ‘‘(1) be appointed by the President, with
                                             joint resolution shall be placed on the appro-            ‘‘(ii) may, as appropriate, provide to the           the advice and consent of the Senate;
                                             priate Senate calendar.                                 international programs of other Federal                  ‘‘(2) report directly to the Secretary; and




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                                             S8282                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                               ‘‘(3) have the rank and status of Ambas-              (1) for fiscal year 2023, or for any later fiscal        (B) TIMING.—The disclosure required under
                                             sador-at-Large.                                         year, may not be obligated or expended un-             subparagraph (A) shall be made not later
                                               ‘‘(e) COORDINATION.—United States Govern-             less the most recent report submitted pursu-           than 60 days after the date on which the
                                             ment efforts to advance women’s economic                ant to subsection (g)(1) includes the informa-         communication is made.
                                             empowerment globally shall be closely                   tion required under subparagraphs (A) and                (C) RECEIPT.—Upon receipt, each House
                                             aligned and coordinated with the Initiative.            (B) of subsection (g)(1).                              shall provide copies to the chairman and
                                               ‘‘(f) ABORTION NEUTRALITY.—                             ‘‘(3)   OVERSIGHT.—The       expenditure     of      ranking member of each standing committee
                                               ‘‘(1) PROHIBITIONS.—The Office, the Initia-           amounts reserved under paragraph (1) shall             with jurisdiction under the rules of the
                                             tive, and the Ambassador may not—                       be jointly overseen by—                                House of Representatives or the Senate re-
                                               ‘‘(A) lobby other countries, including                  ‘‘(A) the United States Agency for Inter-            garding the subject matter to which the
                                             through multilateral mechanisms and for-                national Development;                                  communication pertains. Such information
                                             eign nongovernmental organizations—                       ‘‘(B) the Ambassador; and                            shall be deemed the property of such com-
                                               ‘‘(i) to change domestic laws or policies               ‘‘(C) the Initiative.’’.                             mittee and may not be disclosed except—
                                             with respect to abortion; or                                                                                     (i) in accordance with the rules of the com-
                                               ‘‘(ii) to include abortion as a pro-                    SA 4700. Mr. HAGERTY submitted an                    mittee;
                                             grammatic requirement of any foreign ac-                amendment intended to be proposed to                     (ii) in accordance with the rules of the
                                             tivities; or                                            amendment SA 3867 submitted by Mr.                     House of Representatives and the Senate;
                                               ‘‘(B) provide Federal funding appropriated            REED and intended to be proposed to                    and
                                             for foreign assistance to pay for or to pro-
                                                                                                     the bill H.R. 4350, to authorize appro-                  (iii) as permitted by law.
                                             mote abortion.
                                                                                                     priations for fiscal year 2022 for mili-                 (4) WEBSITE.—
                                               ‘‘(2) LIMITATIONS ON USE OF FUNDS.—
                                                                                                     tary activities of the Department of                     (A) LEGISLATIVE BRANCH.—The Sergeant at
                                             Amounts appropriated for the Office or the
                                                                                                     Defense, for military construction, and                Arms of the Senate and the Sergeant at
                                             Initiative may not be used—
                                                                                                                                                            Arms of the House of Representatives shall
                                               ‘‘(A) to lobby other countries, including             for defense activities of the Depart-
                                                                                                                                                            designate a single location on an internet
                                             through multilateral mechanisms and for-                ment of Energy, to prescribe military                  website where the disclosures and commu-
                                             eign nongovernmental organizations—                     personnel strengths for such fiscal                    nications of employees and officers in the
                                               ‘‘(i) to change domestic laws or policies             year, and for other purposes; which was                legislative branch shall be published in ac-
                                             with respect to abortion; or                            ordered to lie on the table; as follows:               cordance with paragraph (1).
                                               ‘‘(ii) to include abortion as a pro-
                                                                                                       At the appropriate place, insert the fol-              (B) EXECUTIVE BRANCH.—The Director of
                                             grammatic requirement of any foreign ac-
                                                                                                     lowing:                                                the Office of Management and Budget shall
                                             tivities; or
                                                                                                     SEC. lllll. DISCLOSE GOVERNMENT CENSOR-                designate a single location on an internet
                                               ‘‘(B) to provide Federal foreign assistance                      SHIP.                                       website where the disclosures and commu-
                                             funding to pay for or to promote abortion.                (a) DEFINITIONS.—In this section:                    nications of employees and officers in the ex-
                                               ‘‘(3) CONSTRUCTION.—Nothing in this sub-                (1) INFORMATION CONTENT PROVIDER; INTER-             ecutive branch shall be published in accord-
                                             section may be construed to prevent—                    ACTIVE COMPUTER SERVICE.—The terms ‘‘in-               ance with paragraph (1).
                                               ‘‘(A) the funding of activities for the pur-          formation content provider’’ and ‘‘inter-                (5) NOTICE.—The Sergeant at Arms of the
                                             pose of treating injuries or illnesses caused           active computer service’’ have the meanings            Senate, the Sergeant at Arms of the House of
                                             by legal or illegal abortions; or                       given the terms in section 230 of the Commu-           Representatives, and the Director of the Of-
                                               ‘‘(B) agencies or officers of the United              nications Act of 1934 (47 U.S.C. 230).                 fice of Management and Budget shall take
                                             States from engaging in activities in opposi-              (2) LEGITIMATE LAW ENFORCEMENT PUR-                 reasonable steps to ensure that each officer
                                             tion to policies of coercive abortion or invol-         POSE.—The term ‘‘legitimate law enforce-               and employee of the legislative branch and
                                             untary sterilization.                                   ment purpose’’ means for the purpose of in-
                                               ‘‘(g) REPORT.—Not later than 180 days after                                                                  executive branch, as applicable, are informed
                                                                                                     vestigating a criminal offense by a law en-            of the duties imposed by this section.
                                             the date of the enactment of this section,              forcement agency that is within the lawful
                                             and not less frequently than annually there-                                                                     (6) CONFLICTS OF INTEREST.—Any person
                                                                                                     authority of that agency.                              who is a former officer or employee of the
                                             after, the Secretary of State shall—                       (3) NATIONAL SECURITY PURPOSE.—The term
                                               ‘‘(1) submit a written report to the Com-                                                                    executive branch of the United States (in-
                                                                                                     ‘‘national security purpose’’ means a purpose          cluding any independent agency) or any per-
                                             mittee on Appropriations of the Senate, the             that relates to—
                                             Committee on Foreign Relations of the Sen-                                                                     son who is a former officer or employee of
                                                                                                        (A) intelligence activities;                        the legislative branch or a former Member of
                                             ate, the Committee on Appropriations of the                (B) cryptologic activities related to na-
                                             House of Representatives, and the Com-                                                                         Congress, who personally and substantially
                                                                                                     tional security;                                       participated in any communication under
                                             mittee on Foreign Affairs of the House of                  (C) command and control of military
                                             Representatives that describes the imple-                                                                      paragraph (1) while serving as an officer, em-
                                                                                                     forces;                                                ployee, or Member of Congress, shall not,
                                             mentation of this section, including—                      (D) equipment that is an integral part of a
                                               ‘‘(A) measures taken to ensure compliance                                                                    within 2 years after any such communication
                                                                                                     weapon or weapons system; or                           under paragraph (1) or 1 year after termi-
                                             with subsection (f); and                                   (E) the direct fulfillment of military or in-
                                               ‘‘(B) with respect to funds appropriated                                                                     nation of his or her service as an officer, em-
                                                                                                     telligence missions.                                   ployee, or Member of Congress, whichever is
                                             pursuant to subsection (h)—                                (b) DISCLOSURES.—
                                               ‘‘(i) amounts awarded to prime recipients                                                                    later, knowingly make, with the intent to
                                                                                                        (1) IN GENERAL.—Except as provided in
                                             and subrecipients since the end of the pre-                                                                    influence, any communication to or appear-
                                                                                                     paragraph (3), any officer or employee in the
                                             vious reporting period; and                                                                                    ance before any officer or employee of any
                                                                                                     executive or legislative branch shall disclose
                                               ‘‘(ii) descriptions of each program for                                                                      department, agency, court, or court-martial
                                                                                                     and, in the case of a written communication,
                                             which such funds are used; and                                                                                 of the United States, on behalf of any person
                                                                                                     make available for public inspection, on a
                                               ‘‘(2) make such report publicly available.                                                                   with which the former officer or employee
                                                                                                     public website in accordance with paragraph
                                               ‘‘(h) FUNDING.—                                                                                              personally and substantially participated in
                                                                                                     (4), any communication by that officer or
                                               ‘‘(1) IN GENERAL.—There shall be reserved             employee with a provider or operator of an             such communication under paragraph (1).
                                             to carry out this section, from funds made              interactive computer service regarding ac-               (7) PENALTIES.—Any person who violates
                                             available for development assistance pro-               tion or potential action by the provider or            paragraph (1), (2), (3), or (6) shall be punished
                                             grams of the United States Agency for Inter-            operator to restrict access to or the avail-           as provided in section 216 of title 18, United
                                             national Development, $200,000,000, for each            ability of, bar or limit access to, or decrease        States Code.
                                             of the fiscal years 2022 through 2026, which            the dissemination or visibility to users of,
                                             shall be—                                               material posted by another information con-              SA 4701. Mr. HAGERTY submitted an
                                               ‘‘(A) deposited into the Women’s Global               tent provider, whether the action is or would          amendment intended to be proposed to
                                             Development and Prosperity Fund (W–GDP);                be carried out manually or through use of an           amendment SA 3867 submitted by Mr.
                                               ‘‘(B) administered by the United States               algorithm or other automated or semi-auto-             REED and intended to be proposed to
                                             Agency for International Development;                   mated process.
                                               ‘‘(C) expended solely for the purpose, du-               (2) TIMING.—The disclosure required under
                                                                                                                                                            the bill H.R. 4350, to authorize appro-
                                             ties, and activities set forth in subsections           paragraph (1) shall be made not later than 7           priations for fiscal year 2022 for mili-
                                             (b) and (c); and                                        days after the date on which the communica-            tary activities of the Department of
                                               ‘‘(D) expended, to the greatest extent prac-          tion is made.                                          Defense, for military construction, and
                                             ticable, in support of removing legal barriers             (3) LEGITIMATE LAW ENFORCEMENT AND NA-              for defense activities of the Depart-




dlhill on DSK120RN23PROD with SENATE
                                             to women’s economic freedom in accordance               TIONAL SECURITY PURPOSES.—                             ment of Energy, to prescribe military
                                             with the findings of the W–GDP Women’s                     (A) IN GENERAL.—Any communication for a             personnel strengths for such fiscal
                                             Economic Freedom Index report published                 legitimate law enforcement purpose or na-
                                                                                                                                                            year, and for other purposes; which was
                                             by the Council of Economic Advisers in Feb-             tional security purpose shall be disclosed
                                             ruary 2020.                                             and, in the case of a written communication,           ordered to lie on the table; as follows:
                                               ‘‘(2) REQUIREMENT.—Notwithstanding para-              made available for inspection, to each House             At the appropriate place, insert the fol-
                                             graph (1), amounts reserved under paragraph             of Congress.                                           lowing:




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                       S8283
                                             SEC. ll. REPORT ON 2020 GENERAL ELECTION.               Presidential election but did not apply to the         SEC. ll. TEMPORARY SUSPENSION OF, AND RE-
                                                                                                     2016 Presidential election.                                       QUIREMENTS FOR, FUTURE ELEC-
                                                (a) DEFINITIONS.—For purposes of this sec-
                                                                                                                                                                       TION ASSISTANCE GRANTS.
                                             tion:                                                     (ii) RELEVANT AUTHORITY FOR CHANGES.—If
                                                                                                                                                              (a) IN GENERAL.—Subtitle D of title II of
                                                (1) 2016 PRESIDENTIAL ELECTION.—The term             the Comptroller General determines that
                                                                                                                                                            the Help America Vote Act of 2002 (52 U.S.C.
                                             ‘‘2016 Presidential election’’ means the gen-           there were changes in the State’s mail-in              20901 et seq.) is amended by adding at the end
                                             eral election for Federal office occurring in           voter verification procedures described in             the following new part:
                                             2016.                                                   clause (i), the Comptroller General shall pro-
                                                (2) 2020 PRESIDENTIAL ELECTION.—The term                                                                    ‘‘PART 7—REQUIREMENTS FOR ELECTION
                                                                                                     vide a description of any authority (includ-                             ASSISTANCE
                                             ‘‘2020 Presidential election’’ means the gen-           ing any statutory authority), action, or di-
                                             eral election for Federal office occurring in                                                                  ‘‘SEC. 297. SUSPENSION OF ELECTION ASSIST-
                                                                                                     rective that led to such change.                                    ANCE.
                                             2020.                                                     (C) OTHER ELECTION PROCEDURES.—
                                                (3) APPLICABLE ELECTION SECURITY FUNDS.—                                                                       ‘‘(a) IN GENERAL.—Notwithstanding any
                                                                                                       (i) IN GENERAL.—An analysis of whether               other provision of law, no grant may be
                                             The term ‘‘applicable election security
                                                                                                     the State materially altered or changed its            awarded under this Act before July 1, 2022.
                                             funds’’ means the amount of grant funding
                                                                                                     election procedures for the 2020 Presidential            ‘‘(b) SUSPENSION OF PREVIOUS GRANTS.—No
                                             provided to the State by the Election Assist-                                                                  State may expend Federal funds provided
                                                                                                     election (other than procedures described in
                                             ance Commission—                                                                                               under this Act before the date of the enact-
                                                (A) from amounts appropriated under the              subparagraph (B)) from the procedures in ef-
                                                                                                     fect for the 2016 Presidential election.               ment of this section before July 1, 2022.
                                             heading ‘‘Election Assistance Commission,                                                                      ‘‘SEC. 298. REQUIREMENTS FOR FUTURE ELEC-
                                             Election Security Grants’’ in the Financial               (ii) RELEVANT AUTHORITY FOR CHANGES.—If
                                                                                                                                                                         TION ASSISTANCE.
                                             Services and General Government Appropria-              the Comptroller General determines that
                                                                                                                                                               ‘‘(a) IN GENERAL.—Notwithstanding any
                                             tions Act, 2020 (Public Law 116–93); or                 there were changes in the election proce-
                                                                                                                                                            other provision of law, no State may receive
                                                (B) from amounts appropriated under the              dures described in clause (i), the Comptroller
                                                                                                                                                            any grant awarded under this Act after the
                                             heading ‘‘Election Assistance Commission,               General shall provide a description of any             date of the enactment of this section unless
                                             Election      Security    Grants’’    in   the          authority (including any statutory author-             the State has certified by resolution adopted
                                             Coronavirus Aid, Relief, and Economic Secu-             ity), action, or directive that led to such            by the State legislature, as a condition of re-
                                             rity Act (Public Law 116–136).                          change.                                                ceiving the grant, that it is in compliance
                                                (4) STATE.—The term ‘‘State’’ has the                  (D) MAIL-IN BALLOT COLLECTION.—                      with the requirements of subsection (b).
                                             meaning given such term under section 901 of              (i) IN GENERAL.—An analysis of whether                  ‘‘(b) REQUIREMENTS.—
                                             the Help America Vote Act of 2002 (52 U.S.C.            there were specific, documented allegations               ‘‘(1) IN GENERAL.—A State satisfies the re-
                                             21141), except that such term shall include             of a person other than a voter or a voter’s            quirements of this section if, in connection
                                             the Commonwealth of the Northern Mariana                family member or caregiver collecting or re-           with any election for Federal office—
                                             Islands.                                                turning the voter’s completed ballot in the               ‘‘(A) the methods and processes used by the
                                                (5) UNSOLICITED MAIL-IN BALLOT.—The term             2020 Presidential election.                            State to verify the identification of voters
                                             ‘‘unsolicited mail-in ballot’’ means any bal-             (ii) RELEVANT AUTHORITY FOR COLLECTION.—             who vote using mail-in ballots are specifi-
                                             lot sent to a voter by mail if—                         If the Comptroller General determines that             cally set forth in statute;
                                                (A) such ballot was not specifically re-             there were specific, documented allegations               ‘‘(B) except as specifically provided by
                                             quested by the voter; or                                described in clause (i), the Comptroller Gen-          statute—
                                                (B) the ballot request by the voter was ini-                                                                   ‘‘(i) the State does not use unsolicited
                                                                                                     eral shall provide a description of any au-
                                             tiated by the mailing of a ballot application                                                                  mail-in balloting; and
                                                                                                     thority (including any statutory authority),
                                             not specifically requested by the voter.                                                                          ‘‘(ii) the State does not permit persons
                                                                                                     action, or directive permitting such collec-           other than the voter or the voter’s family
                                                (6) UNSOLICITED MAIL-IN BALLOT PERCENT-
                                                                                                     tion or return.                                        members or caregivers to return a voter’s
                                             AGE.—The term ‘‘unsolicited mail-in ballot
                                                                                                       (E) OBSERVATION OF BALLOT COUNTING.—An               completed ballot;
                                             percentage’’ means the number of unsolic-
                                                                                                     analysis of whether the State has a statute               ‘‘(C) for any election after the last day
                                             ited mail-in ballots distributed in the State
                                             as a percentage of the number of total bal-             providing for third-party observation of bal-          that the public health emergency declared
                                             lots provided to voters in the State.                   lot counting, and if so, whether there were            by the Secretary of Health and Human Serv-
                                                                                                     specific, documented instances in connection           ices under section 319 of the Public Health
                                                (b) REPORT.—
                                                (1) IN GENERAL.—Not later than 180 days              with the 2020 Presidential election in which           Service Act (42 U.S.C. 247d) on January 31,
                                             after the date of the enactment of this Act,            the State is alleged to have failed to comply          2020, with respect to COVID–19, is in effect,
                                             the Comptroller General shall submit to                 with such statute.                                     the State uses all voting procedures in place
                                             Congress and make publicly available a re-                (F) FAILURE TO ENFORCE.—An analysis of               as of January 1, 2020 (except as modified by
                                             port on the 2020 Presidential election.                 whether there were specific, documented in-            State statutes applying to elections after
                                                (2) MATTERS INCLUDED.—The report sub-                stances in connection with the 2020 Presi-             such date);
                                             mitted under paragraph (1) shall include the            dential election in which the State allegedly             ‘‘(D) in the case of State that has a law
                                             following with respect to each State: that re-          failed to enforce one or more of its election          providing for third-party observation of bal-
                                             ceived applicable election security funds:              statutes (other than a statute described in            lot counting, such ballot observation law is
                                                (A) UNSOLICITED MAIL-IN BALLOT PERCENT-              subparagraph (E)).                                     strictly followed in all instances;
                                             AGE.—                                                     (G) USE OF APPLICABLE ELECTION SECURITY                 ‘‘(E) the State complies with all require-
                                                (i) IN GENERAL.—An analysis of whether               FUNDS.—In the case of a State that received            ments under title III; and
                                             the unsolicited mail-in ballot percentage for           applicable election security funds, an anal-              ‘‘(F) the State has taken documented, af-
                                             State for the 2020 Presidential election was            ysis of—                                               firmative measures to address—
                                             greater than the unsolicited mail-in ballot               (i) whether such funds were used to make                ‘‘(i) any prior failure to satisfy the require-
                                             percentage for the State for the 2016 Presi-            expenditures with respect to the 2020 Presi-           ments of subparagraphs (A) through (E) that
                                             dential election.                                                                                              is identified by the State legislature in a res-
                                                                                                     dential election;
                                                (ii) RELEVANT AUTHORITY FOR ANY IN-                                                                         olution (or other similar communication
                                                                                                       (ii) whether such funds were used in con-
                                             CREASE.—If the Comptroller General deter-                                                                      submitted to Congress and the Comptroller
                                                                                                     nection with any activity carried out pursu-
                                             mines that the unsolicited mail-in ballot                                                                      General); or
                                                                                                     ant to an authority, action, or directive de-             ‘‘(ii) any prior specific, documented in-
                                             percentage for the State for the 2020 Presi-            scribed in subparagraph (A)(ii), (B)(ii),
                                             dential election was greater than the unso-                                                                    stance in which the State—
                                                                                                     (C)(ii), or (D)(ii); and                                  ‘‘(I) failed to enforce one or more of its
                                             licited mail-in ballot percentage for the                 (iii) whether the State complied with all
                                             State for the 2016 Presidential election, the                                                                  election statutes; or
                                                                                                     statutory and other conditions imposed in                 ‘‘(II) materially altered or changed its
                                             Comptroller General shall provide a descrip-
                                                                                                     connection with the receipt of such funds.             election procedures without a corresponding
                                             tion of any change in authority (including
                                                                                                       (H) SUBSEQUENT STATE ACTIONS.—A descrip-             state statutory enactment.
                                             any statutory change relating to the dis-
                                                                                                     tion of any of the following actions taken by             ‘‘(2) UNSOLICITED MAIL-IN BALLOTING.—For
                                             tribution of unsolicited mail-in ballots), ac-
                                             tion, or directive concerning unsolicited               the State legislature:                                 purposes of paragraph (1)(B), the term ‘unso-
                                             mail-in ballots occurring between the 2016                (i) The passage of a resolution expressing           licited mail-in balloting’ means the process
                                             Presidential election and 2020 Presidential             an opinion on, or the submission to Congress           of sending ballots to a voter by mail if—
                                             election that may have led to such result.              or the Comptroller General of a communica-                ‘‘(A) such ballot was not specifically re-
                                                (B) MAIL-IN VOTER VERIFICATION PROCE-                tion relating to, the items described in sub-          quested by the voter; or




dlhill on DSK120RN23PROD with SENATE
                                             DURES.—                                                 paragraphs (A) through (G).                               ‘‘(B) the ballot request by the voter was
                                                (i) IN GENERAL.—An analysis of whether                 (ii) The enactment, after the completion of          initiated by the mailing of a ballot applica-
                                             there were changes in the State’s methods               the 2020 Presidential election, of legislation         tion not specifically requested by the voter.
                                             and processes used to verify the identifica-            regarding any authority, action, or directive          ‘‘PART 8—PROHIBITION ON USE OF FUNDS
                                             tion of voters who vote using mail-in ballots,          described in subparagraph (A)(ii), (B)(ii),            ‘‘SEC. 299. PROHIBITION ON USE OF FUNDS.
                                             including signature verification require-               (C)(ii), or (D)(ii) or any failure described in          ‘‘Notwithstanding any other provision of
                                             ments, that applied with respect to the 2020            subparagraph (E) or (F).                               law, any amounts provided under this Act




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                                             S8284                                             CONGRESSIONAL RECORD — SENATE                                                     November 16, 2021
                                             shall not be used in furtherance of any elec-             ‘‘(3) to encourage the development of tech-             ‘‘(A) consumers to make informed choices
                                             tion procedure that is not expressly set forth          nologies which maximize user control over               regarding use of the interactive computer
                                             in a statute enacted by the State legisla-              what information is received by individuals,            service provided by the company; and
                                             ture.’’.                                                families, and schools who use the internet                ‘‘(B) persons to develop, market, and main-
                                               (b) CONFORMING AMENDMENT.—The table of                and other interactive computer services,                tain consumer-driven content management
                                             contents in section 1(b) of the Help America            rather than control and censorship driven by            mechanisms with respect to the interactive
                                             Vote Act of 2002 is amended by inserting                interactive computer services;                          computer service provided by the company.
                                             after the item relating to section 296 the fol-           ‘‘(4) to facilitate the development and uti-            ‘‘(2) BEST PRACTICES.—The Commission,
                                             lowing:                                                 lization of blocking and filtering tech-                after soliciting comments from the public,
                                                 ‘‘PART 7—REQUIREMENTS FOR ELECTION                  nologies that empower parents to restrict               shall publish best practices for common car-
                                                               ASSISTANCE                            their children’s access to objectionable or in-         rier technology companies to disclose con-
                                             ‘‘Sec. 297. Suspension of election assistance.          appropriate online material;                            tent management, moderation, promotion,
                                             ‘‘Sec. 298. Requirements for future election              ‘‘(5)(A) to ensure that the internet serves           account termination and suspension, and
                                                           assistance.                               as an open forum for—                                   curation mechanisms and practices in ac-
                                                ‘‘PART 8—PROHIBITION ON USE OF FUNDS                   ‘‘(i) a true diversity of discourse and view-         cordance with paragraph (1).
                                             ‘‘Sec. 299. Prohibition on use of funds.’’.             points, including political discourse and                 ‘‘(3) APPLICABILITY TO BROADBAND.—Para-
                                                                   ---                               viewpoints;                                             graph (1) shall not apply with respect to the
                                               SA 4702. Mr. HAGERTY submitted an                       ‘‘(ii) unique opportunities for cultural de-          provision of broadband internet access serv-
                                             amendment intended to be proposed to                    velopment; and                                          ice.
                                             amendment SA 3867 submitted by Mr.                        ‘‘(iii) myriad avenues for intellectual ac-             ‘‘(e) PROTECTION FOR ‘GOOD SAMARITAN’
                                             REED and intended to be proposed to                     tivity; and                                             BLOCKING AND SCREENING OF OFFENSIVE MA-
                                             the bill H.R. 4350, to authorize appro-                   ‘‘(B) given that the internet is the domi-            TERIAL.—
                                                                                                     nant platform for communication and public                ‘‘(1) TREATMENT OF PUBLISHER OR SPEAK-
                                             priations for fiscal year 2022 for mili-                debate today, to ensure that major internet             ER.—
                                             tary activities of the Department of                    communications platforms, which function                  ‘‘(A) IN GENERAL.—No provider or user of
                                             Defense, for military construction, and                 as common carriers in terms of their size,              an interactive computer service shall be
                                             for defense activities of the Depart-                   usage, and necessity, are available to all              treated as the publisher or speaker of any
                                             ment of Energy, to prescribe military                   users on reasonable and non-discriminatory              material provided by another information
                                             personnel strengths for such fiscal                     terms free from public or private censorship            content provider.
                                             year, and for other purposes; which was                 of religious and political speech;                        ‘‘(B) EXCEPTION.—Subparagraph (A) shall
                                             ordered to lie on the table; as follows:                  ‘‘(6) to promote consumer protection and              not apply to any affirmative act by a pro-
                                               At the appropriate place, insert the fol-             transparency regarding information and con-             vider or user of an interactive computer
                                             lowing:                                                 tent management practices by major inter-               service with respect to material posted on
                                             SEC.  llll. REASONABLE, NON-DISCRIMINA-                 net platforms to—                                       the interactive computer service, whether
                                                        TORY ACCESS TO ONLINE COMMU-                   ‘‘(A) ensure that consumers understand—               the act is carried out manually or through
                                                        NICATIONS PLATFORMS; BLOCKING                  ‘‘(i) the products they are using; and                use of an algorithm or other automated or
                                                        AND SCREENING OF OFFENSIVE MA-                 ‘‘(ii) what information is being presented            semi-automated process, including—
                                                        TERIAL.                                      to them and why; and                                      ‘‘(i) providing its own material;
                                               (a) IN GENERAL.—Part I of title II of the               ‘‘(B) prevent deceptive or undetectable ac-             ‘‘(ii) commenting or editorializing on, pro-
                                             Communications Act of 1934 (47 U.S.C. 201 et            tions that filter the information presented to          moting, recommending, or increasing or de-
                                             seq.) is amended—                                       consumers; and                                          creasing the dissemination or visibility to
                                               (1) by striking section 230; and                        ‘‘(7) to ensure vigorous enforcement of Fed-          users of its own material or material pro-
                                               (2) by adding at the end the following:               eral criminal laws to deter and punish traf-            vided by another information content pro-
                                             ‘‘SEC. 232. REASONABLE, NON-DISCRIMINATORY              ficking in online obscenity, stalking, and              vider;
                                                          ACCESS TO ONLINE COMMUNICA-                harassment.
                                                          TIONS PLATFORMS; BLOCKING AND                                                                        ‘‘(iii) restricting access to or availability
                                                          SCREENING OF OFFENSIVE MATE-                 ‘‘(c) REASONABLE AND NONDISCRIMINATORY                of material provided by another information
                                                          RIAL.                                      ACCESS TO COMMON CARRIER TECHNOLOGY                     content provider; or
                                                ‘‘(a) FINDINGS.—Congress finds the fol-              COMPANIES.—                                               ‘‘(iv) barring or limiting any information
                                             lowing:                                                   ‘‘(1) IN GENERAL.—A common carrier tech-              content provider from using the interactive
                                               ‘‘(1) The rapidly developing array of inter-          nology company, with respect to the inter-              computer service.
                                             net and other interactive computer services             active computer service provided by the                   ‘‘(2) CIVIL LIABILITY.—
                                             available to individual Americans represent             company—                                                  ‘‘(A) IN GENERAL.—No provider or user of
                                             an extraordinary advance in the availability              ‘‘(A) shall furnish the interactive computer          an interactive computer service shall be held
                                             of educational and informational resources              service to all persons upon reasonable re-              liable, under subsection (c) or otherwise, on
                                             to our citizens.                                        quest;                                                  account of—
                                               ‘‘(2) These services often offer users a great          ‘‘(B) may not unjustly or unreasonably dis-             ‘‘(i) any action voluntarily taken in good
                                             degree of control over the information that             criminate in charges, practices, classifica-            faith to restrict access to or availability of
                                             they receive, as well as the potential for              tions, regulations, facilities, treatment, or           material that the provider or user considers
                                             even greater control in the future as tech-             services for or in connection with the fur-             to be obscene, lewd, lascivious, filthy, exces-
                                             nology continues to develop.                            nishing of the interactive computer service,            sively violent, harassing, promoting self-
                                               ‘‘(3) The internet and other interactive              directly or indirectly, by any means or de-             harm, or unlawful, whether or not such ma-
                                             computer services offer a forum for a true di-          vice;                                                   terial is constitutionally protected; or
                                             versity of political discourse and viewpoints,            ‘‘(C) may not make or give any undue or                 ‘‘(ii) any action taken to enable or make
                                             unique opportunities for cultural develop-              unreasonable preference or advantage to any             available to information content providers
                                             ment, and myriad avenues for intellectual               particular person, class of persons, political          or others the technical means to restrict ac-
                                             activity, and regulation of the internet must           or religious group or affiliation, or locality;         cess to material described in clause (i).
                                             be tailored to supporting those activities.             and                                                       ‘‘(B) DEFINITIONS.—For purposes of sub-
                                               ‘‘(4) The internet and other interactive                ‘‘(D) may not subject any particular per-             paragraph (A)—
                                             computer services have flourished, to the               son, class of persons, political or religious             ‘‘(i) the term ‘excessively violent’, with re-
                                             benefit of all Americans, with a minimum of             group or affiliation, or locality to any undue          spect to material, means material that—
                                             government regulation, and regulation                   or unreasonable prejudice or disadvantage.                ‘‘(I) is likely to be deemed violent and for
                                             should be limited to what is necessary to                 ‘‘(2) APPLICABILITY TO BROADBAND.—Para-               mature audiences according to the V-chip
                                             preserve the societal benefits provided by              graph (1) shall not apply with respect to the           regulations and TV Parental Guidelines of
                                             the internet.                                           provision of broadband internet access serv-            the Commission promulgated under sections
                                               ‘‘(5) Increasingly Americans rely on inter-           ice.                                                    303(x) and 330(c)(4); or
                                             net platforms and websites for a variety of                                                                       ‘‘(II) constitutes or intends to advocate do-
                                             political, educational, cultural, and enter-                 ‘‘(d) CONSUMER PROTECTION AND TRANS-               mestic terrorism or international terrorism,
                                             tainment services and for communication                 PARENCY REGARDING COMMON CARRIER TECH-                  as defined in section 2331 of title 18, United
                                             with one another.                                       NOLOGY COMPANIES.—                                      States Code;
                                               ‘‘(b) POLICY.—It is the policy of the United            ‘‘(1) IN GENERAL.—A common carrier tech-                ‘‘(ii) the term ‘harassing’ means material




dlhill on DSK120RN23PROD with SENATE
                                             States—                                                 nology company shall disclose, through a                that—
                                               ‘‘(1) to promote the continued development            publicly available, easily accessible website,            ‘‘(I) is—
                                             of the internet and other interactive com-              accurate material regarding the content                   ‘‘(aa) provided by an information content
                                             puter services and other interactive media;             management, moderation, promotion, ac-                  provider with the intent to abuse, threaten,
                                               ‘‘(2) to preserve a vibrant and competitive           count termination and suspension, and                   or harass any specific person; and
                                             free market for the internet and other inter-           curation mechanisms and practices of the                  ‘‘(bb) lacking in any serious literary, artis-
                                             active computer services;                               company sufficient to enable—                           tic, political, or scientific value;




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8285
                                               ‘‘(II) violates the CAN-SPAM Act of 2003                ‘‘(ii) WILLFUL OR KNOWING VIOLATIONS.—In             tify, or provide the customer with access to
                                             (15 U.S.C. 7701 et seq.); or                            a civil action brought under subparagraph              material identifying, current providers of
                                               ‘‘(III) is malicious computer code intended           (A), if the court finds that the defendant             such protections.
                                             (whether or not by the immediate dissemi-               willfully or knowingly violated subsection               ‘‘(h) EFFECT ON OTHER LAWS.—
                                             nator) to damage or interfere with the oper-            (c) or (d), the court may, in its discretion, in-        ‘‘(1) NO EFFECT ON CRIMINAL LAW.—Nothing
                                             ation of a computer;                                    crease the amount of the award to not more             in this section shall be construed to impair
                                               ‘‘(iii) the term ‘in good faith’, with respect        than 3 times the amount available under                the enforcement of section 223 or 231 of this
                                             to restricting access to or availability of spe-        clause (i)(II) of this subparagraph.                   Act, chapter 71 (relating to obscenity) or 110
                                             cific material, means the provider or user—               ‘‘(2) ACTIONS BY STATES.—                            (relating to sexual exploitation of children)
                                               ‘‘(I) restricts access to or availability of            ‘‘(A) AUTHORITY OF STATES.—                          of title 18, United States Code, or any other
                                             material consistent with publicly available               ‘‘(i) IN GENERAL.—Whenever the attorney              Federal criminal statute.
                                             online terms of service or use that—                    general of a State, or an official or agency             ‘‘(2) NO EFFECT ON INTELLECTUAL PROPERTY
                                               ‘‘(aa) state plainly and with particularity           designated by a State, has reason to believe           LAW.—Nothing in this section shall be con-
                                             the criteria that the provider or user of the           that any person has engaged or is engaging             strued to limit or expand any law pertaining
                                             interactive computer service employs in its             in a pattern or practice of violating sub-             to intellectual property.
                                             content moderation practices, including by              section (c) or (d) that has threatened or ad-            ‘‘(3) STATE LAW.—Nothing in this section
                                             any partially or fully automated processes;             versely affected or is threatening or ad-              shall be construed to prevent any State from
                                             and                                                     versely affecting an interest of the residents         enforcing any State law that is consistent
                                               ‘‘(bb) are in effect on the date on which the         of that State, the State may bring a civil ac-         with this section. No cause of action may be
                                             material is first posted;                               tion against the person on behalf of the resi-         brought and no liability may be imposed
                                               ‘‘(II) has an objectively reasonable belief           dents of the State for any relief permitted            under any State or local law that is incon-
                                             that the material falls within one of the cat-          under clause (ii) of this subparagraph.                sistent with this section.
                                             egories listed in subparagraph (A)(i);                    ‘‘(ii) RELIEF.—                                        ‘‘(4) NO EFFECT ON COMMUNICATIONS PRIVACY
                                               ‘‘(III)(aa) does not restrict access to or              ‘‘(I) IN GENERAL.—The plaintiff may seek             LAW.—Nothing in this section shall be con-
                                             availability of material on deceptive or                the following relief in a civil action brought         strued to limit the application of the Elec-
                                             pretextual grounds; and                                 under clause (i):
                                                                                                                                                            tronic Communications Privacy Act of 1986
                                               ‘‘(bb) does not apply its terms of service or           ‘‘(aa) An injunction.
                                                                                                                                                            or any of the amendments made by such Act,
                                             use to restrict access to or availability of              ‘‘(bb) An award that is the greater of—
                                                                                                                                                            or any similar State law.
                                             material that is similarly situated to mate-              ‘‘(AA) actual damages; or
                                                                                                                                                              ‘‘(5) NO EFFECT ON SEX TRAFFICKING LAW.—
                                             rial that the provider or user of the inter-              ‘‘(BB) damages in the amount of $500 for
                                                                                                                                                            Nothing in this section (other than sub-
                                             active computer service intentionally de-               each violation.
                                                                                                                                                            section (e)(2)(A)(i)) shall be construed to im-
                                             clines to restrict; and                                   ‘‘(II) WILLFUL OR KNOWING VIOLATIONS.—In
                                                                                                                                                            pair or limit—
                                               ‘‘(IV) supplies the information content pro-          a civil action brought under clause (i), if the
                                                                                                                                                              ‘‘(A) any claim in a civil action brought
                                             vider of the material with timely notice de-            court finds that the defendant willfully or
                                                                                                                                                            under section 1595 of title 18, United States
                                             scribing with particularity the reasonable              knowingly violated subsection (c) or (d), the
                                                                                                                                                            Code, if the conduct underlying the claim
                                             factual basis for the restriction of access and         court may, in its discretion, increase the
                                             a meaningful opportunity to respond, unless                                                                    constitutes a violation of section 1591 of that
                                                                                                     amount of the award to not more than 3
                                             the provider or user of the interactive com-                                                                   title;
                                                                                                     times the amount available under subclause
                                             puter service has an objectively reasonable                                                                      ‘‘(B) any charge in a criminal prosecution
                                                                                                     (I)(bb) of this clause.
                                             belief that—                                                                                                   brought under State law if the conduct un-
                                                                                                       ‘‘(B) INVESTIGATORY POWERS.—For purposes
                                               ‘‘(aa) the material is related to terrorism                                                                  derlying the charge would constitute a viola-
                                                                                                     of bringing a civil action under this para-
                                             or criminal activity; or                                                                                       tion of section 1591 of title 18, United States
                                                                                                     graph, nothing in this section shall prevent
                                               ‘‘(bb) such notice would risk imminent                                                                       Code; or
                                                                                                     the attorney general of a State, or an official
                                             physical harm to others; and                                                                                     ‘‘(C) any charge in a criminal prosecution
                                                                                                     or agency designated by a State, from exer-
                                               ‘‘(iv) the terms ‘obscene’, ‘lewd’, ‘lasciv-                                                                 brought under State law if the conduct un-
                                                                                                     cising the powers conferred on the attorney
                                             ious’, and ‘filthy’, with respect to material,                                                                 derlying the charge would constitute a viola-
                                                                                                     general or the official by the laws of the
                                             mean material that—                                                                                            tion of section 2421A of title 18, United
                                                                                                     State to—
                                               ‘‘(I) taken as a whole—                                                                                      States Code, and promotion or facilitation of
                                                                                                       ‘‘(i) conduct investigations;
                                               ‘‘(aa) appeals to the prurient interest in                                                                   prostitution is illegal in the jurisdiction
                                                                                                       ‘‘(ii) administer oaths or affirmations; or
                                             sex or portrays sexual conduct in a patently                                                                   where the defendant’s promotion or facilita-
                                                                                                       ‘‘(iii) compel the attendance of witnesses
                                             offensive way; and                                                                                             tion of prostitution was targeted.
                                                                                                     or the production of documentary and other
                                               ‘‘(bb) does not have serious literary, artis-         evidence.                                                ‘‘(i) DEFINITIONS.—As used in this section:
                                             tic, political, or scientific value;                      ‘‘(C) EFFECT ON STATE COURT PRO-                       ‘‘(1) ACCESS SOFTWARE PROVIDER.—The
                                               ‘‘(II) depicts or describes sexual or excre-          CEEDINGS.—Nothing in this paragraph shall
                                                                                                                                                            term ‘access software provider’ means a pro-
                                             tory organs or activities in terms patently             be construed to prohibit an authorized State           vider of software (including client or server
                                             offensive to the average person, applying               official from proceeding in State court on             software), or enabling tools that do any one
                                             contemporary community standards; or                    the basis of an alleged violation of any gen-          or more of the following:
                                               ‘‘(III) signifies the form of immorality              eral civil or criminal statute of the State.             ‘‘(A) Filter, screen, allow, or disallow ma-
                                             which has relation to sexual impurity, tak-               ‘‘(D) ATTORNEY GENERAL DEFINED.—For                  terial.
                                             ing into account the standards at common                purposes of this paragraph, the term ‘attor-             ‘‘(B) Pick, choose, analyze, or digest mate-
                                             law in prosecutions for obscene libel.                  ney general’ means the chief legal officer of          rial.
                                               ‘‘(C) BEST PRACTICES.—The Commission,                 a State.                                                 ‘‘(C) Transmit, receive, display, forward,
                                             after soliciting comments from the public,                ‘‘(3) VENUE; SERVICE OF PROCESS.—                    cache, search, subset, organize, reorganize,
                                             shall publish best practices for making pub-              ‘‘(A) VENUE.—A civil action brought under            or translate material.
                                             licly available online terms of service or use          this subsection may be brought in the loca-              ‘‘(2) BROADBAND INTERNET ACCESS SERV-
                                             that state plainly and with particularity the                                                                  ICE.—The term ‘broadband internet access
                                                                                                     tion where—
                                             criteria that the provider or user of an inter-           ‘‘(i) the defendant—                                 service’ has the meaning given the term in
                                             active computer service employs in its con-               ‘‘(I) is found;                                      section 8.1(b) of title 47, Code of Federal Reg-
                                             tent moderation practices, including by any               ‘‘(II) is an inhabitant; or                          ulations, or any successor regulation.
                                             partially or fully automated processes, in ac-            ‘‘(III) transacts business; or                         ‘‘(3) COMMON CARRIER TECHNOLOGY COM-
                                             cordance with subparagraph (B)(iii)(I).                                                                        PANY.—The term ‘common carrier tech-
                                                                                                       ‘‘(ii) the violation occurred or is occurring.
                                               ‘‘(f) VIOLATIONS.—                                      ‘‘(B) SERVICE OF PROCESS.—Process in a               nology company’ means a provider of an
                                               ‘‘(1) PRIVATE RIGHT OF ACTION.—                       civil action brought under this subsection             interactive computer service that—
                                               ‘‘(A) IN GENERAL.—A person aggrieved by a             may be served where the defendant—                       ‘‘(A) offers its services to the public; and
                                             violation of subsection (c) or (d) may bring a            ‘‘(i) is an inhabitant; or                             ‘‘(B) has more than 100,000,000 worldwide
                                             civil action against the provider or user of              ‘‘(ii) may be found.                                 active monthly users.
                                             an interactive computer service that com-                 ‘‘(g) OBLIGATIONS OF INTERACTIVE COM-                  ‘‘(4) INFORMATION CONTENT PROVIDER.—
                                             mitted the violation for any relief permitted           PUTER SERVICE.—A provider of an interactive              ‘‘(A) IN GENERAL.—The term ‘information
                                             under subparagraph (B) of this paragraph.               computer service shall, at the time of enter-          content provider’ means any person or entity
                                               ‘‘(B) RELIEF.—                                        ing an agreement with a customer for the               that is responsible, in whole or in part, for
                                               ‘‘(i) IN GENERAL.—The plaintiff may seek              provision of interactive computer service              the creation or development of material pro-




dlhill on DSK120RN23PROD with SENATE
                                             the following relief in a civil action brought          and in a manner deemed appropriate by the              vided through the internet or any other
                                             under subparagraph (A):                                 provider, notify the customer that parental            interactive computer service.
                                               ‘‘(I) An injunction.                                  control protections (such as computer hard-              ‘‘(B) RESPONSIBILITY DEFINED.—For pur-
                                               ‘‘(II) An award that is the greater of—               ware, software, or filtering services) are             poses of subparagraph (A), the term ‘respon-
                                               ‘‘(aa) actual damages; or                             commercially available that may assist the             sible, in whole or in part, for the creation or
                                               ‘‘(bb) damages in the amount of $500 for              customer in limiting access to material that           development of material’ includes affirma-
                                             each violation.                                         is harmful to minors. The notice shall iden-           tively and substantively contributing to,




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                                             S8286                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                             modifying, altering, presenting with a rea-             ‘‘section 232(e) of the Communications Act of            (c) APPROPRIATE COMMITTEES OF CONGRESS
                                             sonably discernible viewpoint, commenting               1934’’.                                                DEFINED.—In this section, the term ‘‘appro-
                                             upon, or editorializing about material pro-                (6) WEBB-KENYON ACT.—Section 3(b)(1) of             priate committees of Congress’’ means—
                                             vided by another person or entity.                      the Act entitled ‘‘An Act divesting intoxi-              (1) the Committee on Banking, Housing,
                                                ‘‘(5) INTERACTIVE COMPUTER SERVICE.—The              cating liquors of their interstate character           and Urban Affairs, the Committee on For-
                                             term ‘interactive computer service’ means               in certain cases’’, approved March 1, 1913             eign Relations, the Committee on Appropria-
                                             any information service, system, or access              (commonly known as the ‘‘Webb-Kenyon                   tions, and the Select Committee on Intel-
                                             software provider that provides or enables              Act’’) (27 U.S.C. 122b(b)(1)) is amended by            ligence of the Senate; and
                                             computer access by multiple users to a com-             striking ‘‘(as defined in section 230(f) of the          (2) the Committee on Financial Services,
                                             puter server, including specifically a service          Communications Act of 1934 (47 U.S.C.                  the Committee on Foreign Affairs, the Com-
                                             or system that provides access to the inter-            230(f))’’ and inserting ‘‘(as defined in section       mittee on Appropriations, and the Perma-
                                             net and such systems operated or services of-           232 of the Communications Act of 1934)’’.              nent Select Committee on Intelligence of the
                                             fered by libraries or educational institutions.            (7) TITLE 28, UNITED STATES CODE.—Section           House of Representatives.
                                                ‘‘(6) INTERNET.—The term ‘internet’ means            4102 of title 28, United States Code, is amend-
                                             the international computer network of both              ed—                                                      SA 4704. Mr. HAGERTY submitted an
                                             Federal and non-Federal interoperable pack-                (A) in subsection (c)—                              amendment intended to be proposed to
                                             et switched data networks.                                 (i) by striking ‘‘section 230 of the Commu-
                                                                                                                                                            amendment SA 3867 submitted by Mr.
                                                ‘‘(7)   MATERIAL.—The       term   ‘material’        nications Act of 1934 (47 U.S.C. 230)’’ and in-
                                             means any data, regardless of physical form             serting ‘‘section 232 of the Communications            REED and intended to be proposed to
                                             or characteristic, including—                           Act of 1934’’; and                                     the bill H.R. 4350, to authorize appro-
                                                ‘‘(A) written or printed matter, informa-               (ii) by striking ‘‘section 230 if’’ and insert-     priations for fiscal year 2022 for mili-
                                             tion, automated information systems stor-               ing ‘‘that section if’’; and                           tary activities of the Department of
                                             age media, maps, charts, paintings, draw-                  (B) in subsection (e)(2), by striking ‘‘sec-        Defense, for military construction, and
                                             ings, films, photographs, images, videos,               tion 230 of the Communications Act of 1934             for defense activities of the Depart-
                                             engravings, sketches, working notes, or pa-             (47 U.S.C. 230)’’ and inserting ‘‘section 232 of       ment of Energy, to prescribe military
                                             pers, or reproductions of any such things by            the Communications Act of 1934’’.
                                                                                                                                                            personnel strengths for such fiscal
                                             any means or process; and                                  (8) TITLE 31, UNITED STATES CODE.—Section
                                                ‘‘(B) sound, voice, magnetic, or electronic          5362(6) of title 31, United States Code, is            year, and for other purposes; which was
                                             recordings.’’.                                          amended by striking ‘‘section 230(f) of the            ordered to lie on the table; as follows:
                                                (b) CONFORMING AMENDMENTS.—                          Communications Act of 1934 (47 U.S.C.                    At the appropriate place, insert the fol-
                                                (1) COMMUNICATIONS ACT OF 1934.—The Com-             230(f))’’ and inserting ‘‘section 232 of the           lowing:
                                             munications Act of 1934 (47 U.S.C. 151 et seq.)         Communications Act of 1934’’.                          SEC. lll. SUBJECTING THE BUREAU OF CON-
                                             is amended—                                                (9) NATIONAL TELECOMMUNICATIONS AND IN-                       SUMER FINANCIAL PROTECTION TO
                                                (A) in section 223(h)(2) (47 U.S.C. 223(h)(2)),      FORMATION   ADMINISTRATION     ORGANIZATION                      THE REGULAR APPROPRIATIONS
                                             by striking ‘‘section 230(f)(2)’’ and inserting         ACT.—Section 157(e)(1) of the National Tele-                     PROCESS.
                                             ‘‘section 232’’; and                                    communications and Information Adminis-                  (a) IN GENERAL.—Section 1017 of the Con-
                                                (B) in section 231(b)(4) (47 U.S.C. 231(b)(4)),      tration Organization Act (47 U.S.C. 941(e)(1))         sumer Financial Protection Act of 2010 (12
                                             by striking ‘‘section 230’’ and inserting ‘‘sec-        is amended, in the matter preceding subpara-           U.S.C. 5497) is amended—
                                             tion 232’’.                                             graph (A), by striking ‘‘section 230(c) of the           (1) in subsection (a)—
                                                (2) TRADEMARK ACT OF 1946.—Section 45 of             Communications Act of 1934 (47 U.S.C.                    (A) in the subsection heading, by striking
                                             the Act entitled ‘‘An Act to provide for the            230(c))’’ and inserting ‘‘section 232(e) of the        ‘‘TRANSFER OF FUNDS FROM BOARD OF GOV-
                                             registration and protection of trademarks               Communications Act of 1934’’.                          ERNORS.—’’ and inserting ‘‘BUDGET AND FI-
                                             used in commerce, to carry out the provi-                 (c) APPLICABILITY.—Subsections (c) and (d)           NANCIAL MANAGEMENT.—’’;
                                             sions of certain international conventions,             of section 232 of the Communications Act of              (B) by striking paragraphs (1) through (3);
                                             and for other purposes’’, approved July 5,              1934, as added by subsection (a), shall apply            (C) by redesignating paragraphs (4) and (5)
                                             1946 (commonly known as the ‘‘Trademark                 to a common carrier technology company on              as paragraphs (1) and (2), respectively; and
                                             Act of 1946’’) (15 U.S.C. 1127) is amended by           and after the date that is 90 days after the             (D) in paragraph (1), as so redesignated—
                                             striking the definition relating to the term            date of enactment of this Act.                           (i) in the paragraph heading, by striking
                                             ‘‘Internet’’ and inserting the following:                                                                      ‘‘BUDGET AND FINANCIAL MANAGEMENT.—’’ and
                                                ‘‘The term ‘internet’ has the meaning
                                                                                                       SA 4703. Mr. HAGERTY submitted an                    inserting ‘‘IN GENERAL.—’’;
                                             given that term in section 232 of the Commu-            amendment intended to be proposed to                     (ii) by striking subparagraph (E); and
                                             nications Act of 1934.’’.                               amendment SA 3867 submitted by Mr.                       (iii) by redesignating subparagraph (F) as
                                                (3) TITLE 17, UNITED STATES CODE.—Section            REED and intended to be proposed to                    subparagraph (E);
                                             1401(g) of title 17, United States Code, is             the bill H.R. 4350, to authorize appro-                  (2) by striking subsections (b) and (c);
                                             amended—                                                priations for fiscal year 2022 for mili-                 (3) by redesignating subsections (d) and (e)
                                                (A) by striking ‘‘section 230 of the Commu-          tary activities of the Department of                   as subsections (b) and (c), respectively;
                                             nications Act of 1934 (47 U.S.C. 230)’’ and in-                                                                  (4) in subsection (b), as so redesignated—
                                                                                                     Defense, for military construction, and                  (A) in paragraph (2)—
                                             serting ‘‘section 232 of the Communications
                                             Act of 1934’’; and
                                                                                                     for defense activities of the Depart-                    (i) in the first sentence, by inserting ‘‘di-
                                                (B) by striking ‘‘subsection (e)(2) of such          ment of Energy, to prescribe military                  rect’’ before ‘‘victims’’; and
                                             section 230’’ and inserting ‘‘subsection (h)(2)         personnel strengths for such fiscal                      (ii) by striking the second sentence; and
                                             of such section 232’’.                                  year, and for other purposes; which was                  (B) by adding at the end the following:
                                                (4) TITLE 18, UNITED STATES CODE.—Part I of          ordered to lie on the table; as follows:                 ‘‘(3) TREATMENT OF EXCESS AMOUNTS.—If,
                                             title 18, United States Code, is amended—                 At the end of subtitle E of title XII, add           after the Bureau obtains a civil penalty in a
                                                (A) in section 2257(h)(2)(B)(v), by striking         the following:                                         judicial or administrative action under Fed-
                                             ‘‘section 230(c) of the Communications Act of           SEC. 1253. STUDY ON THE CREATION OF AN OFFI-           eral consumer financial laws, deposits that
                                             1934 (47 U.S.C. 230(c))’’ and inserting ‘‘section                    CIAL DIGITAL CURRENCY BY THE              civil penalty into the Civil Penalty Fund
                                             232(e) of the Communications Act of 1934’’;                          PEOPLE’S REPUBLIC OF CHINA.               under paragraph (1), and, under paragraph
                                             and                                                       (a) IN GENERAL.—Not later than one year              (2), makes payments to all of the direct vic-
                                                (B) in section 2421A—                                after the date of the enactment of this Act,           tims of activities for which that civil pen-
                                                (i) in subsection (a), by striking ‘‘(as such        the President shall submit to the appro-               alty was imposed, amounts remain in the
                                             term is defined in defined in section 230(f)            priate committees of Congress a report on              Civil Penalty Fund with respect to that civil
                                             the Communications Act of 1934 (47 U.S.C.               the short-, medium-, and long-term national            penalty, the Bureau shall transfer those ex-
                                             230(f)))’’ and inserting ‘‘(as that term is de-         security risks associated with the creation            cess amounts to the general fund of the
                                             fined in section 232 of the Communications              and use of the official digital renminbi of the        Treasury.’’; and
                                             Act of 1934)’’; and                                     People’s Republic of China, including—                   (5) in subsection (c), as so redesignated—
                                                (ii) in subsection (b), by striking ‘‘(as such         (1) risks arising from potential surveil-              (A) by striking paragraphs (1) through (3)
                                             term is defined in defined in section 230(f)            lance of transactions;                                 and inserting the following:
                                             the Communications Act of 1934 (47 U.S.C.                 (2) risks related to security and illicit fi-          ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—
                                             230(f)))’’ and inserting ‘‘(as that term is de-         nance; and                                             There is authorized to be appropriated such




dlhill on DSK120RN23PROD with SENATE
                                             fined in section 232 of the Communications                (3) risks related to economic coercion and           funds as may be necessary to carry out this
                                             Act of 1934)’’.                                         social control by the People’s Republic of             title for fiscal year 2023.’’; and
                                                (5) CONTROLLED SUBSTANCES ACT.—Section               China.                                                   (B) by redesignating paragraph (4) as para-
                                             401(h)(3)(A)(iii)(II) of the Controlled Sub-              (b) FORM OF REPORT.—The report required              graph (2).
                                             stances Act (21 U.S.C. 841(h)(3)(A)(iii)(II)) is        by subsection (a) shall be submitted in un-              (b) EFFECTIVE DATE.—The amendments
                                             amended by striking ‘‘section 230(c) of the             classified form but may include a classified           made by this section shall take effect on Oc-
                                             Communications Act of 1934’’ and inserting              annex.                                                 tober 1, 2022.




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                      S8287
                                               SA 4705. Mr. LEE submitted an                         section 7002(a) of the Energy Act of 2020 (di-          after consultation with the Secretary of
                                             amendment intended to be proposed to                    vision Z of Public Law 116–260; 30 U.S.C.               Commerce, the Secretary of State, and the
                                             amendment SA 3867 submitted by Mr.                      1606(a)).                                               Secretary of the Interior, shall submit to the
                                                                                                        (3) DEFENSE MINERAL PRODUCT.—The term                appropriate congressional committees a re-
                                             REED and intended to be proposed to                                                                             port that includes—
                                                                                                     ‘‘defense mineral product’’ means any prod-
                                             the bill H.R. 4350, to authorize appro-                 uct—                                                      (1) a review of the existing disclosure re-
                                             priations for fiscal year 2022 for mili-                   (A) formed or comprised of, or manufac-              quirements with respect to the provenance of
                                             tary activities of the Department of                    tured from, one or more critical minerals;              magnets used within defense mineral prod-
                                             Defense, for military construction, and                 and                                                     ucts;
                                             for defense activities of the Depart-                      (B) used in critical military defense tech-            (2) a review of the feasibility of imposing a
                                             ment of Energy, to prescribe military                   nologies or other related applications of the           requirement that any contractor of the De-
                                                                                                     Department of Defense.                                  partment of Defense provide a disclosure
                                             personnel strengths for such fiscal
                                                                                                        (4) PROCESSED OR REFINED.—The term                   with respect to any system with a defense
                                             year, and for other purposes; which was                                                                         mineral product that is a permanent magnet,
                                                                                                     ‘‘processed or refined’’ means any process by
                                             ordered to lie on the table; as follows:                which a defense mineral is extracted, sepa-             including an identification of the country or
                                               At the end of subtitle G of title X, add the          rated, or otherwise manipulated to render               countries in which—
                                             following:                                              the mineral usable for manufacturing a de-                (A) the critical minerals used in the mag-
                                             SEC. 1064. DECLASSIFICATION OF HISTORICAL               fense mineral product.                                  net were mined;
                                                         FISA DECISIONS, ORDERS, AND                                                                           (B) the critical minerals were refined into
                                                                                                     SEC. 1433. REPORT ON STRATEGIC CRITICAL MIN-
                                                         OPINIONS OF SIGNIFICANCE.                                                                           oxides;
                                                                                                                  ERAL  AND   DEFENSE    MINERAL
                                               (a) IN GENERAL.—Section 602 of the Foreign                         PRODUCTS RESERVE.                            (C) the critical minerals were made into
                                             Intelligence Surveillance Act of 1978 (50                 (a) FINDINGS.—Congress finds that the stor-           metals and alloys; and
                                             U.S.C. 1872) shall apply with respect to deci-          age of substantial quantities of critical min-            (D) the magnet was sintered or bonded and
                                             sions, orders, and opinions by the Foreign In-          erals and defense mineral products will—                magnetized; and
                                             telligence Surveillance Court or the Foreign              (1) diminish the vulnerability of the United            (3) recommendations to Congress for im-
                                             Intelligence Surveillance Court of Review (as           States to the effects of a severe supply chain          plementing such a requirement, including
                                             such terms are defined in section 601(e) of             interruption; and                                       methods to ensure that any tracking or
                                             such Act (50 U.S.C. 1871(e))) that were issued            (2) provide limited protection from the               provenance      system     is    independently
                                             before, on, or after the date of enactment of           short-term consequences of an interruption              verifiable.
                                             the USA FREEDOM Act of 2015 (Public Law                 in supplies of defense mineral products.                SEC. 1435. REPORT ON PROHIBITION ON ACQUISI-
                                             114–23; 129 Stat. 268).                                   (b) SENSE OF CONGRESS.—It is the sense of                          TION   OF DEFENSE    MATERIALS
                                               (b) DEADLINE.—Not later than 1 year after             Congress that, in procuring critical minerals                        FROM NON-ALLIED FOREIGN NA-
                                             the date of enactment of this Act, the Direc-                                                                                TIONS.
                                                                                                     and defense mineral products, the Secretary
                                             tor of National Intelligence shall complete                                                                       The Secretary of Defense shall study and
                                                                                                     of Defense should prioritize procurement of
                                             the review required under section 602 of the                                                                    submit to the appropriate congressional
                                                                                                     critical minerals and defense mineral prod-
                                             Foreign Intelligence Surveillance Act of 1978                                                                   committees a report on the potential im-
                                                                                                     ucts from sources in the United States, in-
                                             (50 U.S.C. 1872) with respect to, and make                                                                      pacts of imposing a restriction that, for any
                                                                                                     cluding that are mined, produced, separated,
                                             publicly available to the greatest extent                                                                       contract entered into or renewed on or after
                                                                                                     and manufactured within the United States.              December 31, 2026, for the procurement of a
                                             practicable in accordance with such section,              (c) REPORT REQUIRED.—
                                             each decision, order, and opinion described                                                                     system the export of which is restricted or
                                                                                                       (1) IN GENERAL.—Not later than 270 days
                                             in subsection (a) of this section that was                                                                      controlled under the Arms Export Control
                                                                                                     after the date of the enactment of this Act,
                                             issued before the date of enactment of the                                                                      Act (22 U.S.C. 2751 et seq.), no critical min-
                                                                                                     the Secretary of the Interior, acting through
                                             USA FREEDOM Act of 2015 (Public Law 114–                                                                        erals processed or refined in the People’s Re-
                                                                                                     the United States Geologic Survey, and the              public of China may be included in the sys-
                                             23; 129 Stat. 268).                                     Secretary of Defense, in consultation with              tem.
                                                                                                     the Secretary of Homeland Security, the Di-             SEC. 1436. PRODUCTION IN AND USES OF CRIT-
                                               SA 4706. Mr. COTTON submitted an                      rector of the Cybersecurity and Infrastruc-                         ICAL MINERALS BY UNITED STATES
                                             amendment intended to be proposed to                    ture Security Agency, the Secretary of Com-                         ALLIES.
                                             amendment SA 3867 submitted by Mr.                      merce, and the Director of National Intel-                (a) POLICY.—It shall be the policy of the
                                             REED and intended to be proposed to                     ligence, shall jointly submit to the appro-             United States to encourage countries that
                                             the bill H.R. 4350, to authorize appro-                 priate congressional committees a report—               are allies of the United States to eliminate
                                             priations for fiscal year 2022 for mili-                  (A) describing the existing authorities and           their dependence on non-allied countries for
                                             tary activities of the Department of                    funding levels of the Federal Government to             critical minerals to the maximum extent
                                                                                                     stockpile critical minerals and defense min-            practicable.
                                             Defense, for military construction, and                 eral products;                                            (b) REPORT REQUIRED.—Not later than De-
                                             for defense activities of the Depart-                     (B) assessing whether those authorities               cember 31, 2022, and annually thereafter, the
                                             ment of Energy, to prescribe military                   and funding levels are sufficient to meet the           Secretary of Defense, in coordination with
                                             personnel strengths for such fiscal                     requirements of the United States; and                  the Secretary of State, shall submit to the
                                             year, and for other purposes; which was                   (C) including recommendations to diminish             appropriate congressional committees a re-
                                             ordered to lie on the table; as follows:                the vulnerability of the United States to dis-          port—
                                                                                                     ruptions in the supply chains for critical                (1) describing in detail the discussions of
                                               At the end of title XIV, add the following:
                                                                                                     minerals and defense mineral products                   such Secretaries with countries that are al-
                                               Subtitle D—Extraction and Processing of                                                                       lies of the United States concerning supply
                                                                                                     through changes to policy, procurement reg-
                                                Defense Minerals in the United States                                                                        chain security for critical minerals;
                                                                                                     ulation, or existing law, including any addi-
                                             SEC. 1431. SHORT TITLE.                                                                                           (2) assessing the likelihood of those coun-
                                                                                                     tional statutory authorities that may be
                                               This subtitle may be cited as the ‘‘Restor-           needed.                                                 tries discontinuing the use of critical min-
                                             ing Essential Energy and Security Holdings                (2) CONSIDERATIONS.—In developing the re-             erals from foreign entities of concern (as de-
                                             Onshore for Rare Earths and Critical Min-               port required by paragraph (1), the Secretary           fined in section 9901(6) of the William M.
                                             erals Act of 2021’’ or the ‘‘REEShore Critical          of the Interior, the Secretary of Defense, the          (Mac) Thornberry National Defense Author-
                                             Minerals Act of 2021’’.                                 Secretary of Commerce, the Secretary of                 ization Act for Fiscal Year 2021 (15 U.S.C.
                                             SEC. 1432. DEFINITIONS.                                 Homeland Security, the Director of the Cy-              4651(6))) or countries that such Secretaries
                                               In this subtitle:                                     bersecurity and Infrastructure Security                 deem to be of concern; and
                                               (1) APPROPRIATE CONGRESSIONAL COMMIT-                 Agency, and the Director of National Intel-               (3) assessing initiatives in other countries
                                             TEES.—The term ‘‘appropriate congressional              ligence shall take into consideration the               to increase critical mineral mining and pro-
                                             committees’’ means—                                     needs of the Armed Forces of the United                 duction capabilities.
                                               (A) the Committee on Armed Services, the              States, the intelligence community (as de-
                                             Committee on Foreign Relations, the Com-                fined in section 3(4) of the National Security            SA 4707. Mr. WHITEHOUSE (for him-
                                             mittee on Energy and Natural Resources, the             Act of 1947 (50 U.S.C. 3003(4))), the defense in-       self and Ms. HASSAN) submitted an
                                             Committee on Commerce, Science, and                     dustrial and technology sectors, and any                amendment intended to be proposed by
                                             Transportation, and the Select Committee                places, organizations, physical infrastruc-             him to the bill H.R. 4350, to authorize
                                             on Intelligence of the Senate; and                      ture, or digital infrastructure designated as           appropriations for fiscal year 2022 for
                                               (B) the Committee on Armed Services, the              critical to the national security of the                military activities of the Department




dlhill on DSK120RN23PROD with SENATE
                                             Committee on Foreign Affairs, the Com-                  United States.                                          of Defense, for military construction,
                                             mittee on Natural Resources, the Committee              SEC.    1434. REPORT ON DISCLOSURES CON-
                                             on Energy and Commerce, and the Perma-                                                                          and for defense activities of the De-
                                                                                                                   CERNING CRITICAL MINERALS BY
                                             nent Select Committee on Intelligence of the                          CONTRACTORS OF DEPARTMENT OF
                                                                                                                                                             partment of Energy, to prescribe mili-
                                             House of Representatives.                                             DEFENSE.                                  tary personnel strengths for such fiscal
                                               (2) CRITICAL MINERAL.—The term ‘‘critical                  (a) REPORT REQUIRED.—Not later than De-            year, and for other purposes; which was
                                             mineral’’ has the meaning given that term in            cember 31, 2022, the Secretary of Defense,              ordered to lie on the table; as follows:



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                                             S8288                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                               At the appropriate place, insert the fol-             annually thereafter, the Comptroller Gen-              $300,000 for each of fiscal years 2022 through
                                             lowing:                                                 eral of the United States shall submit to the          2026 to carry out this subsection.
                                             SEC.   lll. INCREASING THE CAPACITY OF                  Committee on the Judiciary of the Senate,                (f) COUNTERING INTERNATIONAL ILLICIT FI-
                                                        STATES AND PARTNER COUNTRIES                 the Caucus on International Narcotics Con-
                                                        TO COUNTER CORRUPTION AND                                                                           NANCE TECHNIQUES USED BY CRIMINAL ORGA-
                                                                                                     trol of the Senate, the Committee on the Ju-
                                                        MONEY LAUNDERING SCHEMES RE-                 diciary of the House of Representatives, and           NIZATIONS.—
                                                        LATED TO DRUG TRAFFICKING.                                                                            (1) IN GENERAL.—The Attorney General, in
                                                                                                     the Director of National Drug Control Policy
                                               (a)  SHORT TITLE.—This section may be                 an assessment of—                                      consultation with the Director of the Finan-
                                             cited as the ‘‘Not Allowing Revenue for                   (A) the number and status of investiga-              cial Crimes Enforcement Network of the De-
                                             Criminal Organizations Act’’ or ‘‘NARCO                 tions and prosecutions across National Drug            partment of the Treasury, shall provide
                                             Act’’.                                                  Control Program agencies (as defined in sec-           training,     technical      assistance,    and
                                               (b) FINDINGS.—Congress finds the fol-                                                                        mentorship,     through     the   International
                                                                                                     tion 702 of the Office of National Drug Con-
                                             lowing:                                                                                                        Criminal Investigative Training Assistance
                                                                                                     trol Policy Reauthorization Act of 1998 (21
                                               (1)     Drug     trafficking   organizations,                                                                Program and the Office of Overseas Prosecu-
                                                                                                     U.S.C. 1701)) with a drug trafficking and
                                             transnational criminal organizations, and                                                                      torial Development, Assistance, and Train-
                                                                                                     money laundering and illicit finance nexus,
                                             money laundering organizations prey upon                                                                       ing, to foreign countries that have been des-
                                                                                                     unless the disclosure of such information
                                             individuals suffering from substance use dis-                                                                  ignated as major money laundering coun-
                                                                                                     would reveal information protected by rule
                                             orders and exploit the financial systems of                                                                    tries under section 489 of the Foreign Assist-
                                                                                                     6(e) of the Federal Rules of Criminal Proce-
                                             the United States to sustain their criminal             dure or a court order; and                             ance Act of 1961 (22 U.S.C. 2291h) in order to—
                                             enterprises.                                              (B) the amount of money and other things               (A) increase the institutional capacity of
                                               (2) The illicit drug trade in the United              of value in various forms, including tangible          those countries to prevent corruption and
                                             States      is   conservatively    valued     at        and digital assets, and property criminally            swiftly address corruption when it occurs;
                                             $150,000,000,000 annually, making it worth              seized by or forfeited to the Federal Govern-            (B) implement justice sector reform to en-
                                             more than the gross domestic product of ap-             ment on an annual basis from individuals as-           sure the successful prosecution of drug traf-
                                             proximately 150 countries.                              sociated with drug trafficking, drug traf-             ficking organizations, transnational crimi-
                                               (3) More than 93,000 individuals in the               ficking organizations, transnational crimi-            nal organizations, money laundering organi-
                                             United States died from drug overdoses in               nal organizations, or money laundering orga-           zations, and other entities or individuals in-
                                             2020.                                                   nizations, which shall be—                             volved in the illicit drug trade;
                                               (4)     Drug     trafficking   organizations,           (i) adjusted to eliminate duplication in the           (C) better understand, map, target, and at-
                                             transnational criminal organizations, and               case of seizures or forfeitures carried out and        tack the financial networks of drug traf-
                                             money laundering organizations perpetuate               reported by multiple agencies; and
                                             crime, corruption, and kleptocracy, which                                                                      ficking organizations, transnational crimi-
                                                                                                       (ii) disaggregated by agency.                        nal organizations, and other entities or indi-
                                             undermines the rule of law and erodes demo-               (2) CLASSIFIED ANNEX.—The Comptroller
                                             cratic institutions in foreign countries while                                                                 viduals involved in the illicit drug trade;
                                                                                                     General may provide the assessment under                 (D) develop and implement laws and regu-
                                             threatening the national security of the                paragraph (1), or a portion thereof, in a clas-
                                             United States.                                                                                                 lations to establish or strengthen asset for-
                                                                                                     sified annex if necessary.                             feiture programs; and
                                               (5) Understanding and attacking the finan-              (d) TECHNICAL UPDATES TO OFFICE OF NA-
                                             cial networks, both in the United States and                                                                     (E) develop and implement laws and regu-
                                                                                                     TIONAL DRUG CONTROL POLICY REAUTHORIZA-
                                             abroad, that enable drug trafficking organi-            TION ACT OF 1998.—
                                                                                                                                                            lations to counter corruption, money laun-
                                             zations, transnational criminal organiza-                 (1) DEFINITION OF ‘‘SUPPLY REDUCTION’’.—             dering, and illicit finance techniques used by
                                             tions, and money laundering organizations is            Section 702(17) of the Office of National Drug         drug trafficking organizations, transnational
                                             critical to disrupting and dismantling those            Control Policy Reauthorization Act of 1998             criminal organizations, money laundering
                                             organizations.                                          (21 U.S.C. 1701(17)) is amended—                       organizations, and other entities or individ-
                                               (6) As such, the national drug control                  (A) by redesignating subparagraphs (G) and           uals involved in the illicit drug trade.
                                             strategy of the United States should include            (H) as subparagraphs (H) and (I), respec-                (2) ANNUAL REPORT.—Not later than 120
                                             an explicit focus, goals, and metrics related           tively; and                                            days after the end of each fiscal year, begin-
                                             to mapping, tracking, attacking, and dis-                 (B) by inserting after subparagraph (F) the          ning with fiscal year 2023, the Attorney Gen-
                                             mantling the financial networks of drug traf-           following:                                             eral shall submit a report to the Committee
                                             ficking organizations, transnational crimi-               ‘‘(G) activities to map, track, dismantle,           on the Judiciary of the Senate, the Caucus
                                             nal organizations, and money laundering or-             and disrupt the financial networks of drug             on International Narcotics Control of the
                                             ganizations.                                            trafficking    organizations,     transnational        Senate, and the Committee on the Judiciary
                                               (7) Uniform application of anti-money                 criminal organizations, and money laun-                of the House of Representatives that in-
                                             laundering laws and information sharing will            dering organizations involved in the manu-             cludes, with respect to each country that re-
                                             enhance the ability of the Federal Govern-              facture and trafficking of drugs in the                ceived training, technical assistance, and
                                             ment and State governments to dismantle                 United States and in foreign countries;’’.             mentorship under paragraph (1) during that
                                             drug trafficking organizations, transnational             (2) CONTENTS OF NATIONAL DRUG CONTROL                fiscal year—
                                             criminal organizations, and money laun-                 STRATEGY.—Section 706(c)(1)(L) of the Office             (A) the type and duration of training, tech-
                                             dering organizations.                                   of National Drug Control Policy Reauthor-              nical assistance, and mentorship provided to
                                               (8) The Financial Action Task Force estab-            ization Act of 1998 (21 U.S.C. 1705(c)(1)(L)) is       the country;
                                             lishes international standards that aim to              amended by inserting before the period at                (B) the implementation status of new laws
                                             prevent money laundering associated with                the end the following: ‘‘, which statistical           and regulations to counter corruption,
                                             the illicit drug trade and other illegal activi-        data shall include, to the greatest extent             money laundering, and illicit finance tech-
                                             ties, and is supported by more than 200 im-             practicable, the information submitted to              niques used by drug trafficking organiza-
                                             plementing countries and jurisdictions, in-             the Director by the Comptroller General of             tions, transnational criminal organizations,
                                             cluding the United States. In its 2016 Mutual           the United States in the 2 most recent an-             money laundering organizations, and other
                                             Evaluation Report of the United States, the             nual reports under subsection (c) of the Not           entities or individuals involved in the illicit
                                             Task Force found that while Federal law en-             Allowing Revenue for Criminal Organiza-                drug trade in the country;
                                             forcement agencies aggressively target                  tions Act’’.                                             (C) the number of money laundering and il-
                                             money laundering cases, ‘‘State law enforce-              (e) MODEL LAWS.—                                     licit finance investigations, prosecutions,
                                             ment authorities can complement Federal                   (1) IN GENERAL.—The Attorney General                 and convictions related to the narcotics
                                             efforts, but more typically pursue State-               shall enter into an agreement with a non-              trade that were undertaken in the country;
                                             level law enforcement priorities. Among the             governmental organization, which may in-                 (D) the amount of money and other things
                                             States, there is no uniform approach and lit-           clude an institution of higher education, to—          of value in various forms, including tangible
                                             tle data is available. Where information was              (A) advise States on establishing laws and           and digital assets, and property criminally
                                             provided, it tended to suggest that [money              policies to address money laundering prac-             seized by or forfeited to the Federal Govern-
                                             laundering] is not prioritised by the State             tices related to the manufacture, sale, or             ment from drug trafficking organizations,
                                             authorities.’’.                                         trafficking of illicit drugs;                          transnational criminal organizations, money
                                               (9) It is in the best national security inter-          (B) develop model State laws pertaining to           laundering organizations, and other entities
                                             est of the United States to increase the ca-            money laundering practices related to the              or individuals involved in the illicit drug
                                             pacity of States and partner countries to               sale or trafficking of illicit drugs; and              trade, in the country; and
                                             identify, investigate, and prosecute corrup-              (C) revise the model State laws described              (E) the number of joint investigations that




dlhill on DSK120RN23PROD with SENATE
                                             tion and money laundering schemes that di-              in subparagraph (B) and draft supplementary            United States undertook with the country
                                             rectly benefit drug trafficking organizations,          model State laws that take into consider-              and whether those investigations led to pros-
                                             transnational criminal organizations, and               ation changes in the trafficking of illicit            ecutions or convictions.
                                             money laundering organizations.                         drugs and related money laundering schemes               (3) AUTHORIZATION OF APPROPRIATIONS.—
                                               (c) GAO REPORT.—                                      in the State involved.                                 There is authorized to be appropriated
                                               (1) IN GENERAL.—Not later than 2 years                  (2) AUTHORIZATION OF APPROPRIATIONS.—                $80,000,000 for each of fiscal years 2022
                                             after the date of enactment of this Act, and            There is authorized to be appropriated                 through 2026 to carry out this subsection.




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                    S8289
                                               SA 4708. Mr. WHITEHOUSE (for him-                       (i) An assessment of the activities under-           the Afghan Working Group, the Afghan
                                             self and Mr. GRASSLEY) submitted an                     taken by, and the effectiveness of, the Af-            Threat Finance Cell, or both, as necessary.
                                                                                                     ghan Working Group with respect to—                      (d) APPROPRIATE COMMITTEES OF CON-
                                             amendment intended to be proposed by
                                                                                                       (I) reducing the manufacture, sale, and dis-         GRESS.—In this section, the term ‘‘appro-
                                             him to the bill H.R. 4350, to authorize                 tribution of illicit narcotics from Afghani-           priate committees of Congress’’ means—
                                             appropriations for fiscal year 2022 for                 stan;                                                    (1) The Committee on Banking, Housing,
                                             military activities of the Department                     (II) identifying, disrupting, and elimi-             and Urban Affairs, the Committee on Home-
                                             of Defense, for military construction,                  nating illicit financial networks in Afghani-          land Security and Governmental Affairs, the
                                             and for defense activities of the De-                   stan, particularly—                                    Committee on the Judiciary, and the Com-
                                             partment of Energy, to prescribe mili-                    (aa) such networks involved in narcotics             mittee on Armed Services of the Senate, and
                                                                                                     trafficking, illicit financial transactions (in-       the Senate Caucus on International Nar-
                                             tary personnel strengths for such fiscal                cluding through the use of domestic and                cotics Control; and
                                             year, and for other purposes; which was                 international          professional      money           (2) The Committee on Financial Services,
                                             ordered to lie on the table; as follows:                launderers), and official corruption; and              the Committee on Oversight and Reform, the
                                                                                                       (bb) terrorist networks; and                         Committee on the Judiciary, and the Com-
                                               At the end of subtitle B of title XII, add              (III) promoting the rule of law in Afghani-          mittee on Armed Services of the House of
                                             the following:                                          stan.                                                  Representatives.
                                             SEC. 1216. ESTABLISHMENT OF AFGHAN WORK-                  (ii) Recommendations to Congress on legis-                              ---
                                                         ING GROUP AND AFGHAN THREAT                 lative or regulatory improvements necessary              SA 4709. Mr. VAN HOLLEN (for him-
                                                         FINANCE CELL.                               to support the efforts described in subclauses         self and Mr. SULLIVAN) submitted an
                                                                                                     (I) through (III) of clause (i).                       amendment intended to be proposed to
                                               (a) AFGHAN WORKING GROUP.—
                                                                                                       (C) FORM.—A briefing under subparagraph
                                               (1) ESTABLISHMENT.—Not later than 90 days
                                                                                                     (A) may be provided in classified form.
                                                                                                                                                            amendment SA 3867 submitted by Mr.
                                             after the date of the enactment of this Act,              (b) AFGHAN THREAT FINANCE CELL.—                     REED and intended to be proposed to
                                             the President shall establish an interagency              (1) ESTABLISHMENT.—Not later than 90 days            the bill H.R. 4350, to authorize appro-
                                             organization to be known as the ‘‘Afghan                after the date on which the Afghan Working             priations for fiscal year 2022 for mili-
                                             Working Group’’.                                        Group is established, the Afghan Working               tary activities of the Department of
                                               (2) MISSION.—The mission of the Afghan                Group shall establish an interagency organi-
                                             Working Group shall be—                                                                                        Defense, for military construction, and
                                                                                                     zation to be known as the ‘‘Afghan Threat              for defense activities of the Depart-
                                               (A) to reduce the manufacture, sale, and              Finance Cell’’.
                                             distribution of illicit narcotics from Afghan-            (2) MISSION.—The mission of the Afghan               ment of Energy, to prescribe military
                                             istan;                                                  Threat Finance Cell shall be to identify, dis-         personnel strengths for such fiscal
                                               (B) to identify, disrupt, and eliminate il-           rupt, and eliminate illicit financial networks         year, and for other purposes; which was
                                             licit financial networks in Afghanistan, par-           in Afghanistan, particularly—                          ordered to lie on the table; as follows:
                                             ticularly—                                                (A) such networks involved in narcotics                At the end of title X, add the following:
                                               (i) such networks involved in narcotics               trafficking, illicit financial transactions (in-
                                             trafficking, illicit financial transactions (in-                                                                Subtitle H—Foreign Service Families Act of
                                                                                                     cluding through the use of domestic and                                      2021
                                             cluding through the use of domestic and                 international          professional      money
                                             international          professional      money          launderers), and official corruption; and              SECTION 1071. SHORT TITLE.
                                             launderers), and official corruption; and                 (B) terrorist networks.                               This subtitle may be cited as the ‘‘Foreign
                                               (ii) terrorist networks; and                            (3) LEAD AGENCIES.—The Department of the             Service Families Act of 2021’’.
                                               (C) to promote the rule of law in Afghani-            Treasury shall serve as the lead agency of             SEC. 1072. TELECOMMUTING OPPORTUNITIES.
                                             stan.                                                   the Afghan Threat Finance Cell, and the                  (a) DETO POLICY.—
                                               (3) MEMBERSHIP.—The Afghan Working                    Drug Enforcement Administration and the                  (1) IN GENERAL.—Each Federal department
                                             Group shall be convened by the Assistant to             Department of Defense shall serve as the co-           and agency shall establish a policy enumer-
                                             the President for National Security Affairs             deputy lead agencies of the Afghan Threat              ating the circumstances under which em-
                                             and consist of representatives from the fol-            Finance Cell.                                          ployees may be permitted to temporarily
                                             lowing agencies:                                          (4) COORDINATION.—The Afghan Threat Fi-              perform work requirements and duties from
                                               (A) The Department of the Treasury.                   nance Cell shall regularly coordinate and              approved overseas locations where there is a
                                               (B) The Department of Justice.                        consult with regional financial intelligence           related Foreign Service assignment pursuant
                                               (C) The Drug Enforcement Administration.              units, the international Financial Action              to an approved Domestically Employed Tele-
                                               (D) The Department of State.                          Task Force, and the Special Inspector Gen-             working Overseas (DETO) agreement.
                                               (E) The Department of Defense.                        eral for Afghanistan Reconstruction.                     (2) PARTICIPATION.—The policy described
                                               (F) The Federal Bureau of Investigation.                (5) BRIEFINGS.—                                      under paragraph (1) shall—
                                               (G) The Internal Revenue Service.                       (A) REQUIREMENT.—Not later than one year               (A) ensure that telework does not diminish
                                               (H) The Department of Homeland Security.              after the date of the enactment of this Act,           employee performance or agency operations;
                                               (I) The Defense Intelligence Agency.                  and annually thereafter, the Afghan Threat               (B) require a written agreement that—
                                               (J) The Office of Foreign Assets Control of           Finance Cell shall provide to the appropriate            (i) is entered into between an agency man-
                                             the Department of the Treasury.                         committees of Congress a briefing on the ac-           ager and an employee authorized to
                                               (K) The Central Intelligence Agency.                  tivities of the Afghan Threat Finance Cell.            telework, that outlines the specific work ar-
                                               (L) The Financial Crimes Enforcement                    (B) ELEMENTS.—Each briefing under sub-               rangement that is agreed to; and
                                             Network of the Department of Treasury.                  paragraph (A) shall include the following:               (ii) is mandatory in order for any employee
                                               (M) The Bureau of International Narcotics               (i) An assessment of the activities under-           to participate in telework;
                                             Control and Law Enforcement Affairs.                    taken by, and the effectiveness of, the Af-              (C) provide that an employee may not be
                                               (N) The Office of National Drug Control               ghan Threat Finance Cell in identifying, dis-          authorized to telework if the performance of
                                             Policy.                                                 rupting, and eliminating illicit financial net-        that employee does not comply with the
                                               (O) Any other law enforcement agency or               works in Afghanistan, particularly—                    terms of the written agreement between the
                                             element of the intelligence community (as                 (I) such networks involved in narcotics              agency manager and that employee;
                                             defined in section 3 of the National Security           trafficking, illicit financial transactions, (in-        (D) except in emergency situations as de-
                                             Act of 1947 (50 U.S.C. 3003)) the Assistant to          cluding through the use of domestic and                termined by the head of an agency, not apply
                                             the President for National Security Affairs             international          professional      money         to any employee of the agency whose official
                                             considers appropriate.                                  launderers), and official corruption; and              duties require on at least a monthly basis—
                                               (4) COORDINATION.—The Afghan Working                    (II) terrorist networks.                               (i) direct handling of secure materials de-
                                             Group shall regularly coordinate and consult              (ii) Recommendations to Congress on legis-           termined to be inappropriate for telework by
                                             with regional anti-corruption bodies, finan-            lative or regulatory improvements necessary            the agency head; or
                                             cial intelligence units, the international Fi-          to support the identification, disruption, and           (ii) on-site activity that cannot be handled
                                             nancial Action Task Force, and the Special              elimination of illicit financial networks in           remotely or at an alternate worksite;
                                             Inspector General for Afghanistan Recon-                Afghanistan.                                             (E) be incorporated as part of the con-
                                             struction.                                                (C) FORM.—A briefing under subparagraph              tinuity of operations plans of the agency in
                                               (5) BRIEFINGS.—                                       (A) may be provided in classified form.                the event of an emergency; and
                                               (A) IN GENERAL.—Not later than one year                 (c) TERMINATION.—                                      (F) enumerate the circumstances under




dlhill on DSK120RN23PROD with SENATE
                                             after the date of the enactment of this Act,              (1) IN GENERAL.—Subject to paragraph (2),            which employees may be permitted to tem-
                                             and annually thereafter, the Afghan Working             the Afghan Working Group and the Afghan                porarily perform work requirements and du-
                                             Group shall provide to the appropriate com-             Threat Finance Cell shall terminate on the             ties from approved overseas locations.
                                             mittees of Congress a briefing on the activi-           date that is three years after the date of the           (b) ACCESS TO ICASS SYSTEM.—Not later
                                             ties of the Afghan Working Group.                       enactment of this Act.                                 than 90 days after the date of the enactment
                                               (B) ELEMENTS.—Each briefing under sub-                  (2) EXTENSION.—The President may extend              of this Act, the Secretary of State shall re-
                                             paragraph (A) shall include the following:              the termination date under paragraph (1) for           vise chapter 900 of volume 6 of the Foreign




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                                             S8290                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                             Affairs Manual, the International Coopera-                (4) by adding after paragraph (6), as redes-           ‘‘(e) The Secretary shall hold a family
                                             tive Administrative Support Services Hand-              ignated by paragraph (2) of this subsection,           member of a government employee described
                                             book, the Personnel Operations Handbook,                the following new paragraph:                           in subsection (a) seeking employment in a
                                             and any other relevant regulations to allow               ‘‘(7) In this subsection, the term ‘eligible         position described in that subsection to the
                                             each Federal agency that has enacted a pol-             family member’ refers to family members of             same employment standards as those appli-
                                             icy under subsection (a) to have access to the          government employees assigned abroad or                cable to Foreign Service officers, Foreign
                                             International Cooperative Administrative                hired for service at their post of residence           Service personnel, or foreign national em-
                                             Support Services (ICASS) system.                        who are appointed by the Secretary of State            ployees seeking the same or a substantially
                                             SEC. 1073. EMPLOYMENT AND EDUCATION PRO-                or the Administrator of the United States              similar position.’’.
                                                         GRAMS FOR ELIGIBLE FAMILY MEM-              Agency for International Development pur-              SEC. 1076. IN-STATE TUITION RATES FOR MEM-
                                                         BERS OF MEMBERS OF THE FOR-                 suant to sections 102, 202, 303, and 311.’’.                       BERS OF QUALIFYING FEDERAL
                                                         EIGN SERVICE.
                                                                                                     SEC. 1074. BRIEFING ON FOREIGN SERVICE FAM-                        SERVICE.
                                               Section 706(b) of the Foreign Service Act of                      ILY RESERVE CORPS.                           (a) IN GENERAL.—Section 135 of the Higher
                                             1980 (22 U.S.C. 4026(b)) is amended—                      (a) IN GENERAL.—Not later than 120 days              Education Act of 1965 (20 U.S.C. 1015d) is
                                               (1) in paragraph (1)—                                 after the date of the enactment of this Act,           amended—
                                               (A) by striking ‘‘The Secretary may facili-           the Secretary of State shall brief the appro-            (1) in the section heading, by striking ‘‘THE
                                             tate the employment of spouses of members
                                                                                                     priate congressional committees on the sta-            ARMED FORCES ON ACTIVE DUTY, SPOUSES, AND
                                             of the Foreign Service by—’’ and inserting
                                                                                                     tus of implementation of the Foreign Service           DEPENDENT CHILDREN’’ and inserting ‘‘QUALI-
                                             ‘‘The Secretary shall implement such meas-
                                                                                                     Family Reserve Corps.                                  FYING FEDERAL SERVICE’’;
                                             ures as the Secretary considers necessary to               (b) ELEMENTS.—The briefing required under
                                             facilitate the employment of spouses and                                                                         (2) in subsection (a), by striking ‘‘member
                                                                                                     subsection (a) shall include the following ele-        of the armed forces who is on active duty for
                                             members of the Service. The measures may                ments:
                                             include—’’; and                                                                                                a period of more than 30 days and’’ and in-
                                                                                                        (1) A description of the status of implemen-        serting ‘‘member of a qualifying Federal
                                               (B) by redesignating subparagraph (C) as
                                                                                                     tation of the Foreign Service Family Re-               service’’;
                                             subparagraph (D); and
                                                                                                     serve Corps (FSFRC).                                     (3) in subsection (b), by striking ‘‘member
                                               (C) by amending subparagraph (C) to read
                                                                                                        (2) An assessment of the extent to which            of the armed forces’’ and inserting ‘‘member
                                             as follows:
                                                                                                     implementation was impacted by the De-                 of a qualifying Federal service’’; and
                                               ‘‘(C) establishing a program for assisting
                                                                                                     partment’s hiring freeze and a detailed ex-              (4) by striking subsection (d) and inserting
                                             eligible family members in accessing em-
                                                                                                     planation of the effect of any such impacts.           the following:
                                             ployment and education opportunities, as ap-
                                                                                                        (3) A description of the status of implemen-          ‘‘(d) DEFINITIONS.—In this section, the term
                                             propriate, including by exercising the au-
                                                                                                     tation of a hiring preference for the FSFRC.           ‘member of a qualifying Federal service’
                                             thorities, in relevant part, under sections
                                                                                                        (4) A detailed accounting of any individ-           means—
                                             1784 and 1784a of title 10, United States Code,
                                                                                                     uals eligible for membership in the FSFRC                ‘‘(1) a member of the armed forces (as de-
                                             and subject to such regulations as the Sec-
                                                                                                     who were unable to begin working at a new              fined in section 101 of title 10, United States
                                             retary may prescribe modeled after those
                                                                                                     location as a result of being unable to trans-         Code) who is on active duty for a period of
                                             prescribed pursuant to subsection (b) of such
                                                                                                     fer their security clearance, including an as-         more than 30 days (as defined in section 101
                                             section 1784;’’;
                                                                                                     sessment of whether they would have been               of title 10, United States Code); or
                                               (2) by redesignating paragraph (2) as para-
                                                                                                     able to port their clearance as a member of              ‘‘(2) a member of the Foreign Service (as
                                             graph (6);
                                                                                                     the FSFRC if the program had been fully im-            defined in section 103 of the Foreign Service
                                               (3) by inserting after paragraph (1) the fol-
                                                                                                     plemented.                                             Act of 1980 (22 U.S.C. 3903)) who is on active
                                             lowing new paragraphs:
                                                                                                        (5) An estimate of the number of individ-           duty for a period of more than 30 days.’’.
                                               ‘‘(2) The Secretary may prescribe regula-
                                                                                                     uals who are eligible to join the FSFRC                  (b) EFFECTIVE DATE.—The amendments
                                             tions—
                                                                                                     worldwide and the categories, as detailed in           made under subsection (a) shall take effect
                                               ‘‘(A) to provide preference to eligible fam-
                                                                                                     the Under Secretary for Management’s guid-             at each public institution of higher edu-
                                             ily members in hiring for any civilian posi-
                                                                                                     ance dated May 3, 2016, under which those in-          cation in a State that receives assistance
                                             tion in the Department, notwithstanding the
                                                                                                     dividuals would enroll.                                under the Higher Education Act of 1965 (20
                                             prohibition on marital discrimination found
                                                                                                        (6) An estimate of the number of individ-           U.S.C. 1001 et seq.) for the first period of en-
                                             in 5 U.S.C. 2302(b)(1)(E), if —
                                                                                                     uals who are enrolled in the FSFRC world-              rollment at such institution that begins
                                               ‘‘(i) the eligible family member is among
                                                                                                     wide and the categories, as detailed in the            after July 1, 2023.
                                             persons determined to be best qualified for
                                                                                                     Under Secretary for Management’s guidance              SEC. 1077. TERMINATION OF RESIDENTIAL OR
                                             the position; and
                                                                                                     dated May 3, 2016, under which those individ-                      MOTOR VEHICLE LEASES AND TELE-
                                               ‘‘(ii) the position is located in the overseas
                                                                                                     uals enrolled.                                                     PHONE SERVICE CONTRACTS FOR
                                             country of assignment of their sponsoring                                                                                  CERTAIN MEMBERS OF THE FOR-
                                                                                                        (7) An estimate of the number of individ-
                                             employee;                                                                                                                  EIGN SERVICE.
                                                                                                     uals who were enrolled in each phase of the
                                               ‘‘(B) to ensure that notice of any vacant                                                                      (a) IN GENERAL.—Chapter 9 of title I of the
                                                                                                     implementation of the FSFRC as detailed in
                                             position in the Department is provided in a                                                                    Foreign Service Act of 1980 (22 U.S.C. 4081 et
                                                                                                     guidance issued by the Under Secretary for
                                             manner reasonably designed to reach eligible                                                                   seq.) is amended by adding at the end the fol-
                                                                                                     Management.
                                             family members of sponsoring employees                                                                         lowing new section:
                                                                                                        (8) An estimate of the number of individ-
                                             whose permanent duty stations are in the
                                                                                                     uals enrolled in the FSFRC who have suc-               ‘‘SEC. 907. TERMINATION OF RESIDENTIAL OR
                                             same country as that in which the position is                                                                               MOTOR VEHICLE LEASES AND TELE-
                                                                                                     cessfully transferred a security clearance to
                                             located; and                                                                                                                PHONE SERVICE CONTRACTS.
                                                                                                     a new post since implementation of the pro-
                                               ‘‘(C) to ensure that an eligible family                                                                        ‘‘The terms governing the termination of
                                                                                                     gram began.
                                             member who applies for a vacant position in                                                                    residential or motor vehicle leases and tele-
                                                                                                        (9) An estimate of the number of individ-
                                             the Department shall, to the extent prac-                                                                      phone service contracts described in sections
                                                                                                     uals enrolled in the FSFRC who have been
                                             ticable, be considered for any such position                                                                   305     and   305A,   respectively    of   the
                                                                                                     unable to successfully transfer a security
                                             located in the same country as the perma-                                                                      Servicemembers Civil Relief Act (50 U.S.C.
                                                                                                     clearance to a new post since implementa-
                                             nent duty station of their sponsoring em-                                                                      3955     and    3956)   with     respect    to
                                                                                                     tion of the program began.
                                             ployee.                                                                                                        servicemembers who receive military orders
                                                                                                        (10) An estimate of the number of individ-
                                               ‘‘(3) Nothing in this section may be con-                                                                    described in such Act shall apply in the same
                                                                                                     uals who have declined in writing to apply to
                                             strued to provide an eligible family member                                                                    manner and to the same extent to members
                                                                                                     the FSFRC.
                                             with entitlement or preference in hiring over              (c) APPROPRIATE CONGRESSIONAL COMMIT-               of the Service who are posted abroad at a
                                             an individual who is preference eligible.               TEES DEFINED.—In this section, the term                Foreign Service post in accordance with this
                                               ‘‘(4) Under regulations prescribed by the             ‘‘appropriate     congressional    committees’’        Act.’’.
                                             Secretary, a chief of mission may, consistent           means—                                                   (b) CLERICAL AMENDMENT.—The table of
                                             with all applicable laws and regulations per-              (1) the Committee on Foreign Relations              contents in section 2 of the Foreign Service
                                             taining to the ICASS system, make available             and the Committee on Appropriations of the             Act of 1980 is amended by inserting after the
                                             to an eligible family member and a non-De-              Senate; and                                            item relating to section 906 the following
                                             partment entity space in an embassy or con-                (2) the Committee on Foreign Affairs and            new item:
                                             sulate for the purpose of the non-Department            the Committee on Appropriations of the                 ‘‘Sec. 907. Termination of residential or
                                             entity providing employment-related train-              House of Representatives.                                            motor vehicle leases and tele-
                                             ing for eligible family members.
                                                                                                     SEC. 1075. TREATMENT OF FAMILY MEMBERS                               phone service contracts.’’.




dlhill on DSK120RN23PROD with SENATE
                                               ‘‘(5) The Secretary may work with the Di-                        SEEKING POSITIONS CUSTOMARILY                                   ---
                                             rector of the Office of Personnel Manage-                          FILLED BY FOREIGN SERVICE OFFI-               SA 4710. Mr. CASSIDY (for himself
                                             ment and the heads of other Federal depart-                        CERS OR FOREIGN NATIONAL EM-
                                             ments and agencies to expand and facilitate                        PLOYEES.                                    and Mr. SCHATZ) submitted an amend-
                                             the use of existing Federal programs and re-              Section 311 of the Foreign Service Act of            ment intended to be proposed to
                                             sources in support of eligible family member            1980 (22 U.S.C. 3951) is amended by adding at          amendment SA 3867 submitted by Mr.
                                             employment.’’; and                                      the end the following:                                 REED and intended to be proposed to



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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8291
                                             the bill H.R. 4350, to authorize appro-                   (E) Additional officials from the Depart-            ment of Energy, to prescribe military
                                             priations for fiscal year 2022 for mili-                ment of Defense or the Intelligence Commu-             personnel strengths for such fiscal
                                             tary activities of the Department of                    nity, as appropriate.                                  year, and for other purposes; which was
                                                                                                       (2) INFORMATION REQUIRED.—The briefing
                                             Defense, for military construction, and                                                                        ordered to lie on the table; as follows:
                                                                                                     required under paragraph (1) shall include—
                                             for defense activities of the Depart-                     (A) a detailed description of the specific             At the end of subtitle G of title X, add the
                                             ment of Energy, to prescribe military                   United States policy and security objectives           following:
                                             personnel strengths for such fiscal                     in Burma;                                              SEC. 1064. RESEARCH INTO NON-OPIOID PAIN
                                             year, and for other purposes; which was                   (B) information about any actions taken                         MANAGEMENT.
                                             ordered to lie on the table; as follows:                by the United States, either directly or in              (a) IN GENERAL.—The Secretary of Health
                                               At the end of subtitle G of title X, add the          coordination with other countries—                     and Human Services shall conduct or support
                                             following:                                                (i) to support and legitimize the National           research and surveillance with respect to
                                             SEC. 1064. RESEARCH ENDOWMENTS AT BOTH                  Unity Government of the Republic of the                non-opioid methods of pain management, in-
                                                         CURRENT AND FORMER CENTERS                  Union of Myanmar, The Civil Disobedience               cluding non-pharmaceutical remedies for
                                                         OF EXCELLENCE.                              Movement in Myanmar, and other entities                pain and integrative medicine solutions.
                                               Paragraph (1) (beginning with ‘‘(1) IN GEN-           promoting democracy in Burma, while si-                  (b) AUTHORIZATION OF APPROPRIATIONS.—
                                             ERAL’’) of section 464z–3(h) of the Public              multaneously denying legitimacy and re-                For purposes of conducting research under
                                             Health Service Act (42 U.S.C. 285t(h)) is               sources to the Myanmar’s military junta;               this section, there are authorized to be ap-
                                             amended to read as follows:                               (ii) to impose costs on Myanmar’s military           propriated such sums as may be necessary
                                               ‘‘(1) IN GENERAL.—The Director of the In-             junta, including—                                      for each of fiscal years 2022 through 2026.
                                             stitute may carry out a program to facilitate             (I) an assessment of the impact of existing
                                             minority health disparities research and                United States and international sanctions;               SA 4713. Mr. PADILLA submitted an
                                             other health disparities research by pro-               and                                                    amendment intended to be proposed to
                                             viding for research endowments—                           (II) a description of potential prospects for        amendment SA 3867 submitted by Mr.
                                               ‘‘(A) at current or former centers of excel-          additional sanctions;                                  REED and intended to be proposed to
                                             lence under section 736; and                              (iii) to secure the restoration of democ-
                                                                                                     racy, the establishment of inclusive and rep-
                                                                                                                                                            the bill H.R. 4350, to authorize appro-
                                               ‘‘(B) at current or former centers of excel-
                                             lence under section 464z–4.’’.                          resentative civilian government, with a re-            priations for fiscal year 2022 for mili-
                                                                                                     formed military reflecting the diversity of            tary activities of the Department of
                                               SA 4711. Mr. MCCONNELL (for him-                      Burma and under civilian control, and the              Defense, for military construction, and
                                             self, Mr. DURBIN, Mr. YOUNG, Mr.                        enactment of constitutional, political, and            for defense activities of the Depart-
                                             GRASSLEY, Mr. GRAHAM, Mr. HAGERTY,                      economic reform in Burma;                              ment of Energy, to prescribe military
                                             and Mr. CARDIN) submitted an amend-                       (iv) to secure the unconditional release of          personnel strengths for such fiscal
                                             ment intended to be proposed to                         all political prisoners in Burma;
                                                                                                                                                            year, and for other purposes; which was
                                                                                                       (v) to promote genuine national reconcili-
                                             amendment SA 3867 submitted by Mr.                                                                             ordered to lie on the table; as follows:
                                                                                                     ation among Burma’s diverse ethnic and reli-
                                             REED and intended to be proposed to                     gious groups;                                            At the end of subtitle F of title XII, add
                                             the bill H.R. 4350, to authorize appro-                   (vi) to ensure accountability for atrocities,        the following:
                                             priations for fiscal year 2022 for mili-                human rights violations, and crimes against            SEC. 1264. REPORT ON NAGORNO KARABAKH
                                             tary activities of the Department of                    humanity committed by Myanmar’s military                          CONFLICT.
                                             Defense, for military construction, and                 junta; and                                               (a) IN GENERAL.—Not later than 180 days
                                             for defense activities of the Depart-                     (vii) to avert a large-scale humanitarian            after the date of the enactment of this Act,
                                             ment of Energy, to prescribe military                   disaster;                                              the Secretary of State, in consultation with
                                                                                                       (C) an update on the current status of               the Secretary of Defense, shall submit to the
                                             personnel strengths for such fiscal
                                                                                                     United States assistance programs in Burma,            congressional defense committees, the Com-
                                             year, and for other purposes; which was                                                                        mittee on Foreign Affairs of the House of
                                                                                                     including—
                                             ordered to lie on the table; as follows:                  (i) humanitarian assistance for affected             Representatives, and the Committee on For-
                                               At the end of subtitle E of title XII, add            populations, including internally displaced            eign Relations of the Senate a report on the
                                             the following:                                          persons and efforts to mitigate humanitarian           2020 conflict in Nagorno Karabakh.
                                             SEC. 1253. SUPPORTING DEMOCRACY IN BURMA.               and health crises in neighboring countries                (b) ELEMENTS.—The report required by sub-
                                               (a) DEFINED TERM.—In this section, the                and among refugee populations;                         section (a) shall include the following:
                                             term ‘‘appropriate congressional commit-                  (ii) democracy assistance, including sup-               (1) An assessment of the use of weapon sys-
                                             tees’’ means—                                           port to the National Unity Government of               tems produced outside either country that
                                               (1) the Committee on Foreign Relations of             the Republic of the Union of Myanmar and               was a party to the 2020 conflict in Nagorno
                                             the Senate;                                             civil society groups in Burma;                         Karabakh that were employed in the con-
                                               (2) the Committee on Foreign Affairs of the             (iii) economic assistance; and                       flict, including a list of the origins of those
                                             House of Representatives;                                 (iv) global health assistance, including             weapon systems.
                                               (3) the Committee on Appropriations of the            COVID–19 relief; and                                      (2) An assessment of the use of white phos-
                                             Senate;                                                   (D) a description of the strategic interests         phorous or cluster bombs in the conflict.
                                               (4) the Committee on Appropriations of the            in Burma of the People’s Republic of China                (3) A description of the involvement of for-
                                             House of Representatives;                               and the Russian Federation, including—                 eign actors in the conflict, including a de-
                                               (5) the Committee on Armed Services of                  (i) access to natural resources and lines of         scription of the military activities, influence
                                             the Senate;                                             communications to sea routes; and                      operations, and diplomatic engagement by
                                               (6) the Committee on Armed Services of                  (ii) actions taken by such countries—                foreign countries before, during, and after
                                             the House of Representatives;                             (I) to support Myanmar’s military junta in           the conflict, as well as any effort by parties
                                               (7) the Committee on Banking, Housing,                order to preserve or promote such interests;           to the conflict or foreign actors to recruit or
                                             and Urban Affairs of the Senate; and                      (II) to undermine the sovereignty and ter-           employ foreign fighters during the conflict.
                                               (8) the Committee on Financial Services of            ritorial integrity of Burma; and                          (4) Any other matter the Secretary of
                                             the House of Representatives.                             (III) to promote ethnic conflict within              State considers important.
                                               (b) BRIEFING REQUIRED.—                               Burma.
                                               (1) IN GENERAL.—Not later than 60 days                  (c) CLASSIFICATION AND FORMAT.—The                     SA 4714. Mr. REED (for himself and
                                             after the date of the enactment of this Act,            briefing required under subsection (b)—                Mr. INHOFE) submitted an amendment
                                             the following officials shall jointly brief the           (1) shall be provided in an unclassified set-        intended to be proposed to amendment
                                             appropriate congressional committees re-                ting; and
                                             garding actions taken by the United States
                                                                                                                                                            SA 3867 submitted by Mr. REED and in-
                                                                                                       (2) may be accompanied by a separate clas-           tended to be proposed to the bill H.R.
                                             Government to further United States policy              sified briefing, as appropriate.
                                             and security objectives in Burma (officially                                                                   4350, to authorize appropriations for
                                             known as the ‘‘Republic of the Union of                   SA 4712. Mr. WHITEHOUSE (for him-                    fiscal year 2022 for military activities
                                             Myanmar’’):                                             self and Mr. PORTMAN) submitted an                     of the Department of Defense, for mili-
                                               (A) The Assistant Secretary of State for              amendment intended to be proposed to                   tary construction, and for defense ac-
                                             East Asian and Pacific Affairs.                         amendment SA 3867 submitted by Mr.                     tivities of the Department of Energy,




dlhill on DSK120RN23PROD with SENATE
                                               (B) The Counselor of the Department of                                                                       to    prescribe     military  personnel
                                                                                                     REED and intended to be proposed to
                                             State.
                                               (C) The Under Secretary of the Treasury               the bill H.R. 4350, to authorize appro-                strengths for such fiscal year, and for
                                             for Terrorism and Financial Intelligence.               priations for fiscal year 2022 for mili-               other purposes; which was ordered to
                                               (D) The Assistant to the Administrator for            tary activities of the Department of                   lie on the table; as follows:
                                             the Bureau for Conflict Prevention and Sta-             Defense, for military construction, and                  At the end of subtitle A of title V, add the
                                             bilization.                                             for defense activities of the Depart-                  following:




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                                             S8292                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                             SEC. 503. AUTHORITY TO VARY NUMBER OF                   priations for fiscal year 2022 for mili-               of the Higher Education Act of 1965 (20 U.S.C.
                                                        SPACE FORCE OFFICERS CONSID-                                                                        1067k(2)).
                                                        ERED FOR PROMOTION TO MAJOR                  tary activities of the Department of
                                                                                                     Defense, for military construction, and                   (6) MINORITY-SERVING INSTITUTION.—The
                                                        GENERAL.
                                                                                                                                                            term       ‘‘minority-serving     institution’’
                                               (a) IN GENERAL.—Notwithstanding section               for defense activities of the Depart-
                                                                                                                                                            means—
                                             616(d) of title 10, United States Code, the             ment of Energy, to prescribe military                     (A) a part B institution (as defined in sec-
                                             number of officers recommended for pro-                 personnel strengths for such fiscal                    tion 322 of the Higher Education Act of 1965
                                             motion by a selection board convened by the             year, and for other purposes; which was                (20 U.S.C. 1061));
                                             Secretary of the Air Force under section                ordered to lie on the table; as follows:                  (B) a Hispanic-serving institution (as de-
                                             611(a) of title 10, United States Code, to con-
                                                                                                       At the end of subtitle E of title III, add the       fined in section 502 of that Act (20 U.S.C.
                                             sider officers on the Space Force active duty
                                                                                                     following:                                             1101a));
                                             list for promotion to major general may not                                                                       (C) a Tribal College or University (as de-
                                             exceed the number equal to 95 percent of the            SEC. 376. ACCESS TO CATEGORY 3 SUBTERRA-
                                                                                                                NEAN TRAINING FACILITIES.                   fined in section 316 of that Act (20 U.S.C.
                                             total number of brigadier generals eligible
                                                                                                       (a) IN GENERAL.—The Secretary of Defense             1059c));
                                             for consideration by the board.                                                                                   (D) an Alaska Native-serving institution
                                               (b) TERMINATION.—The authority provided               may have access to a covered category 3 sub-
                                                                                                     terranean training facility on a continuing            (as defined in section 317(b) of that Act (20
                                             under subsection (a) shall terminate on De-
                                                                                                     basis, subject to the availability of appro-           U.S.C. 1059d(b)));
                                             cember 31, 2022.
                                                                                                     priations for such purpose.                               (E) a Native Hawaiian-serving institution
                                               SA 4715. Mr. ROUNDS (for Mr.                            (b) AUTHORITY TO ENTER INTO LEASE.—The               (as defined in section 317(b) of that Act (20
                                                                                                     Secretary may enter into a short-term lease            U.S.C. 1059d(b)));
                                             INHOFE) submitted an amendment in-                                                                                (F) a Predominantly Black Institution (as
                                                                                                     with a provider of a covered category 3 sub-
                                             tended to be proposed to amendment                      terranean training facility for purposes of            defined in section 318 of that Act (20 U.S.C.
                                             SA 3867 submitted by Mr. REED and in-                   subsection (a).                                        1059e));
                                             tended to be proposed to the bill H.R.                    (c) COVERED CATEGORY 3 SUBTERRANEAN                     (G) an Asian American and Native Amer-
                                             4350, to authorize appropriations for                   TRAINING FACILITY DEFINED.—In this section,            ican Pacific Islander-serving institution (as
                                             fiscal year 2022 for military activities                the term ‘‘covered category 3 subterranean             defined in section 320(b) of that Act (20
                                             of the Department of Defense, for mili-                 training facility’’ means a category 3 sub-            U.S.C. 1059g(b))); or
                                             tary construction, and for defense ac-                  terranean training facility that is—                      (H) a Native American-serving, nontribal
                                                                                                       (1) operational as of the date of the enact-         institution (as defined in section 319 of that
                                             tivities of the Department of Energy,                                                                          Act (20 U.S.C. 1059f)).
                                                                                                     ment of this Act; and
                                             to    prescribe     military  personnel                   (2) determined by the Secretary to be safe              (7) STEM.—The term ‘‘STEM’’ means
                                             strengths for such fiscal year, and for                 for use as of such date.                               science, technology, engineering, and mathe-
                                             other purposes; which was ordered to                                                                           matics, including computer science.
                                             lie on the table; as follows:                             SA 4717. Mr. BROWN submitted an                         (8) UNDERREPRESENTED FIELD.—The term
                                               At the end of subtitle G of title X, add the          amendment intended to be proposed to                   ‘‘underrepresented field’’ means a field in
                                             following:                                              amendment SA 3867 submitted by Mr.                     STEM in which the national rate of rep-
                                             SEC. 1064. EXPANSION OF PROPERTY OF DEPART-             REED and intended to be proposed to                    resentation of women among tenured, ten-
                                                          MENT OF DEFENSE NOT ELIGIBLE                                                                      ure-track faculty, or nonfaculty researchers
                                                                                                     the bill H.R. 4350, to authorize appro-
                                                          FOR SALE OR DONATION FOR LAW                                                                      at doctorate-granting institutions of higher
                                                          ENFORCEMENT    ACTIVITIES  AND             priations for fiscal year 2022 for mili-               education is less than 25 percent, according
                                                          STUDY ON USE OF SUCH AUTHORITY             tary activities of the Department of                   to the most recent data available from the
                                                          TO SELL OR DONATE PROPERTY.                Defense, for military construction, and                National Center for Science and Engineering
                                               (a) IN GENERAL.—Section 2576a(e) of title             for defense activities of the Depart-                  Statistics.
                                             10, United States Code, is amended by adding            ment of Energy, to prescribe military                     (9) UNDERREPRESENTED IN SCIENCE AND EN-
                                             at the end the following new paragraphs:                                                                       GINEERING.—The term ‘‘underrepresented in
                                                                                                     personnel strengths for such fiscal
                                               ‘‘(5) Explosives.                                                                                            science and engineering’’ means a minority
                                               ‘‘(6) Firearms of 50 cal mil or greater and           year, and for other purposes; which was
                                                                                                                                                            group whose number of scientists and engi-
                                             ammunition of 50 cal mil or greater.                    ordered to lie on the table; as follows:
                                                                                                                                                            neers, per 10,000 population of that group, is
                                               ‘‘(7) Asphyxiating gases, including those               At the appropriate place, insert the fol-            substantially below the comparable figure
                                             comprised of lachrymatory agents, and anal-             lowing:                                                for scientists and engineers who are white
                                             ogous liquids, materials, or devices.’’.                   TITLE ll—STEM RESEARCH GAINS                        and not of Hispanic origin, as determined by
                                               (b) STUDY.—                                           SEC. ll01. SHORT TITLE.                                the Secretary of Education under section
                                               (1) IN GENERAL.—The Director of the De-                 This title may be cited as the ‘‘Strength-           637.4(b) of title 34, Code of Federal Regula-
                                             fense Logistics Agency shall conduct a study                                                                   tions, or similar successor regulations.
                                                                                                     ening the STEM Research Workforce to Gen-
                                             on the use by the Department of Defense of              erate American Infrastructure for National             Subtitle A—Expanding Pipeline Programs to
                                             the authority under section 2576a of title 10,          Security Act of 2021’’ or the ‘‘STEM Re-                         Research Opportunities
                                             United States Code, and the administration              search GAINS Act of 2021’’.
                                             of such authority by the Law Enforcement                                                                       SEC.   ll11. RESEARCH AND DEVELOPMENT
                                                                                                     SEC. ll02. DEFINITIONS.
                                             Support Office of the Department.                                                                                          AREAS CRITICAL TO NATIONAL SE-
                                               (2) ELEMENTS.—The study required under                  In this title:                                                   CURITY.
                                             paragraph (1) shall include—                              (1) COVERED FIELD.—The term ‘‘covered
                                                                                                                                                              (a) COVERED FIELDS.—The President shall
                                               (A) an analysis of the degree to which per-           field’’ means a field in science, technology,
                                                                                                                                                            conduct a study to identify areas for re-
                                             sonal property transferred under section                engineering, or mathematics research or de-
                                                                                                                                                            search and development that are covered
                                             2576a of title 10, United States Code, has been         velopment that is determined to be—
                                                                                                                                                            fields.
                                             distributed equitably between larger, well-               (A) a subject area relating to the national
                                                                                                     security of the United States;                           (b) UPDATE.—Not less than once every 5
                                             resourced municipalities and units of gov-                                                                     years, the President shall reassess the cov-
                                             ernment and smaller, less well-resourced                  (B) a subject area relating to the United
                                                                                                     States’ ability to compete in an open, fair,           ered fields.
                                             municipalities and units of government; and
                                                                                                     and competitive international market and               SEC. ll12. INCREASING INVESTMENT IN UNDER-
                                               (B) an identification of potential modifica-                                                                             GRADUATE SCIENCE PIPELINES.
                                             tions to the authority under such section to            achieve economic growth; or
                                             ensure that property transferred under such               (C) a subject area that is in need of ex-              (a) IN GENERAL.—There are authorized to
                                             section is transferred in a manner that pro-            panded and strengthened academic pipelines             be appropriated to the National Science
                                             vides adequate opportunity for participation            to ensure a diverse workforce.                         Foundation for fiscal year 2022 and for each
                                             by smaller, less well-resourced municipali-               (2) DIRECTOR.—The term ‘‘Director’’ means            of the following 4 years, $750,000,000, which
                                             ties and units of government.                           the Director of the National Science Founda-           shall be used by the Director for the fol-
                                               (3) REPORT.—Not later than December 1,                tion.                                                  lowing National Science Foundation pro-
                                             2022, the Director of the Defense Logistics               (3) FEDERAL SCIENCE AGENCY.—The term                 grams:
                                             Agency shall submit to the congressional de-            ‘‘Federal science agency’’ has the meaning               (1) The Historically Black Colleges and
                                             fense committees a report on the results of             given the term in section 103(f) of the Amer-          Universities Undergraduate Program.
                                             the study conducted under paragraph (1).                ica COMPETES Reauthorization Act of 2010                 (2) The Louis Stokes Alliances for Minor-
                                                                                                     (42 U.S.C. 6623(f)).                                   ity Participation program.




dlhill on DSK120RN23PROD with SENATE
                                               SA 4716. Mr. HAGERTY (for himself                       (4) INSTITUTION OF HIGHER EDUCATION.—The               (3) The Research Experiences for Under-
                                                                                                     term ‘‘institution of higher education’’               graduates program.
                                             and Mrs. BLACKBURN) submitted an
                                                                                                     means an institution of higher education de-             (4) The Tribal Colleges and Universities
                                             amendment intended to be proposed to                    scribed in section 101 of the Higher Edu-              Program.
                                             amendment SA 3867 submitted by Mr.                      cation Act of 1965 (20 U.S.C. 1001).                     (5) The Improving Undergraduates STEM
                                             REED and intended to be proposed to                       (5) MINORITY.—The term ‘‘minority’’ has              Education: Hispanic-Serving Institutions
                                             the bill H.R. 4350, to authorize appro-                 the meaning given the term in section 365(2)           Program.




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8293
                                               (6) Other programs to broaden participa-                (7) an analysis of how to promote relation-            (3) the number of students that are award-
                                             tion in undergraduate STEM programs, as                 ships between institutions of higher edu-              ed grants to develop a diverse STEM work-
                                             determined by the Director.                             cation and high schools to enhance the pipe-           force, disaggregated by undergraduate popu-
                                               (b) SUPPLEMENT NOT SUPPLANT.—The                      line for high school students to under-                lation, public or private institution, and (in
                                             amounts used under subsection (a) shall sup-            graduate STEM opportunities in covered                 the case of a minority-serving institution)
                                             plement, and not supplant, any other                    fields and enhance the quality of high school          type of minority-serving institutions;
                                             amounts used by the National Science Foun-              teachers in STEM fields.                                 (4) an analysis of the recipients of scholar-
                                             dation for the programs described in such                 (b) REPORT TO CONGRESS.—Not later than 2             ships and fellowships awarded by institu-
                                             subsection.                                             years after the date of enactment of this              tions of higher education through the grad-
                                             SEC. ll14. BOLSTERING STEM PIPELINES STRA-              Act, and every 5 years thereafter, the Sub-            uate     research     fellowship     programs,
                                                        TEGIC PLAN.                                  committee on Federal Coordination in                   disaggregated by race; and
                                               (a) BROADENING PARTICIPATION STRATEGIC                Science, Technology, Engineering, and                    (5) the ratio of the number of individuals
                                             PLAN.—Not later than 1 year after the date              Mathematics Education of the Committee on              who participated in the assessment from the
                                             of enactment of this Act, the Subcommittee              Science, Technology, Engineering, and                  program to the number of students in the
                                             on Federal Coordination in Science, Tech-               Mathematics Education of the National                  program.
                                             nology, Engineering, and Mathematics Edu-               Science and Technology Council shall report              (b) VOLUNTARILY PROVIDED DATA.—For pur-
                                             cation (FC-STEM) of the Committee on                    to Congress on the implementation by Fed-              poses of subsection (a), the Director shall
                                             Science, Technology, Engineering, and                   eral science agencies of the strategic plan            base the assessments on, and make informa-
                                             Mathematics Education (CoSTEM) of the                   developed under this section.                          tion publicly available on, data voluntarily
                                             National Science and Technology Council
                                                                                                     SEC. ll15. RESEARCH PROGRAM CLEARING-                  provided by student applicants for the grad-
                                             shall submit to Congress a report containing                      HOUSE AND TECHNICAL ASSIST-                  uate research fellowship program involved.
                                             the subcommittee’s current strategic plan                         ANCE CENTER.                                   (c) REPORTS.—The Director shall prepare
                                             for Federal science agencies to increase the              (a) OPPORTUNITIES CLEARINGHOUSE.—The                 and submit to Congress, and make publicly
                                             capacity of STEM programs carried out by
                                                                                                     Subcommittee on Federal Coordination in                available, annual reports that show trends in
                                             Federal science agencies that are in effect as
                                                                                                     Science, Technology, Engineering, and                  how research fellowships and scholarships
                                             of the date of the report to increase the par-
                                                                                                     Mathematics Education of the Committee on              supported by the National Science Founda-
                                             ticipation of individuals who are underrep-
                                                                                                     Science, Technology, Engineering, and                  tion are awarded to individuals from under-
                                             resented in science and engineering, women
                                                                                                     Mathematics Education of the National                  represented groups, institutions of higher
                                             who are underrepresented in STEM fields,
                                                                                                     Science and Technology Council shall estab-            education, and entities from different geo-
                                             and low-income and first-generation college
                                                                                                     lish and maintain a public clearinghouse (in-          graphic areas, in order to better show trends
                                             students, in order to broaden participation
                                             in grants and programs carried out by the               cluding by maintaining a publicly available            in the participation of underrepresented
                                             Federal science agencies. The report shall in-          website) of all research programs sponsored            groups in such research fellowships and
                                             clude—                                                  by Federal science agencies that are avail-            scholarships.
                                               (1) a description of how the grants and pro-          able to individuals as undergraduate and                   Subtitle C—Strengthening the National
                                             grams that are carried out by the Federal               graduate students.                                              Security Research Workforce
                                                                                                       (b) BEST PRACTICES CLEARINGHOUSE.—The
                                             science agencies, as of the time of the report,                                                                SEC. ll31. EARLY CAREER FACULTY SUPPORTS.
                                                                                                     Director shall work with the Director of the
                                             are carried out in a manner that advances di-                                                                    (a) RISING FACULTY PROFESSIONAL AD-
                                                                                                     Institute of Education Sciences of the De-
                                             verse pipelines in STEM fields, and a descrip-                                                                 VANCEMENT PROGRAM.—
                                                                                                     partment of Education to maintain the What
                                             tion of how the Federal science agencies can                                                                     (1) ESTABLISHMENT OF PILOT PROGRAM.—Not
                                                                                                     Works Clearinghouse to collect, analyze,
                                             better advance such diverse pipelines;                                                                         later than 1 year after the date of enactment
                                                                                                     identify, disseminate, and make publicly
                                               (2) an analysis of the data collection that                                                                  of this Act, the Director shall select an orga-
                                                                                                     available information about best practices
                                             would allow for meaningful goal setting and                                                                    nization to establish a 5-year pilot
                                                                                                     for institutions of higher education to
                                             transparency relating to the Federal science                                                                   mentorship program to be known as ‘‘Rising
                                                                                                     strengthen the pipeline of individuals pur-
                                             agencies’ progress in broadening participa-                                                                    Faculty Professional Advancement Pro-
                                                                                                     suing careers in covered fields (particularly
                                             tion of individuals from groups that are                                                                       gram’’ (referred to in this section as the
                                                                                                     for minority students pursuing those ca-
                                             underrepresented in science and engineering                                                                    ‘‘program’’) in order to increase the diversity
                                                                                                     reers), and particularly information to help
                                             with respect to those grants and programs;                                                                     of faculty in STEM fields.
                                                                                                     address gaps identified in the publication en-
                                               (3) an analysis of how the Federal science                                                                      (2) PURPOSE.—The purpose of the Rising
                                                                                                     titled ‘‘Minority Serving Institutions: Amer-
                                             agencies can meet goals related to broad-                                                                      Faculty Professional Advancement Program
                                                                                                     ica’s Underutilized Resource for Strength-
                                             ening the participation of individuals from                                                                    shall be—
                                                                                                     ening the STEM Workforce’’, published in
                                             groups that are underrepresented in science                                                                       (A) to increase the number of doctoral-
                                                                                                     2019 by the National Academies of Sciences,
                                             and engineering by—                                                                                            level professionals from underrepresented
                                                                                                     Engineering, and Medicine.
                                               (A) creating or expanding funding opportu-                                                                   groups in STEM fields who transition into
                                                                                                       (c) TECHNICAL ASSISTANCE.—The Director
                                             nities;                                                                                                        faculty positions at institutions of higher
                                                                                                     shall fund the maintenance of existing (as of
                                               (B) modifying existing research and devel-                                                                   education; and
                                                                                                     the date of the funding) technical resource
                                             opment programs; and                                                                                              (B) to improve mentorship and training for
                                                                                                     centers to enable the centers to work with
                                               (C) establishing coordination between ex-                                                                    researchers who are navigating the transi-
                                                                                                     institutions of higher education seeking to
                                             isting programs carried out by the Federal                                                                     tion in the research pipeline to becoming
                                                                                                     implement strategies to—
                                             science agencies;                                                                                              faculty, which is a time when a significant
                                                                                                       (1) bolster and diversify the student body
                                               (4) a description of the ways that the Fed-                                                                  decrease in diversity often occurs.
                                                                                                     at the institution that pursue STEM fields;
                                             eral science agencies work with minority-                                                                         (b) PROGRAM PARTICIPANTS.—
                                                                                                       (2) support students underrepresented in
                                             serving institutions to—                                                                                          (1) ELIGIBILITY.—An individual shall be eli-
                                                                                                     science and engineering who are pursuing re-
                                               (A) enable those eligible institutions to                                                                    gible to participate in the program if the in-
                                                                                                     search-based STEM studies to help those stu-
                                             compete effectively for grants, contracts, or                                                                  dividual is a doctoral degree holding re-
                                                                                                     dents continue and complete those studies;
                                             cooperative agreements carried out by the                                                                      searcher in a post-doctoral research position
                                                                                                     or
                                             National Science Foundation;                                                                                   or early-career faculty (defined as a faculty
                                                                                                       (3) support other technical assistance ac-
                                               (B) encourage those eligible institutions to                                                                 researcher with a title of assistant professor
                                                                                                     tivities determined by the Director to be ap-
                                             participate in programs carried out by the                                                                     or other non-tenured equivalent).
                                                                                                     propriate.
                                             Federal science agencies; and                                                                                     (2) OUTREACH.—The organization shall con-
                                               (C) encourage students and faculty, par-                 Subtitle B—Increasing Transparency for              duct outreach to encourage participation in
                                             ticularly minority students and faculty and                          Graduate Education                        the program by individuals described in
                                             students and faculty in underrepresented                SEC. ll21. STRENGTHENING TRANSPARENCY.                 paragraph (1) who are from groups underrep-
                                             fields, at the eligible institution to apply for          (a) ASSESSMENTS.—The Director shall con-             resented in STEM fields, including—
                                             and successfully earn graduate and profes-              duct regular assessments of graduate re-                  (A) individuals from groups who are under-
                                             sional opportunities from programs sup-                 search fellowship programs carried out by              represented in science and engineering;
                                             ported by the Federal science agencies;                 the National Science Foundation and make                  (B) individuals holding doctoral degrees in
                                               (5) an analysis of the best ways to share             additional information publicly available              covered fields from or faculty positions at
                                             best practices for institutions of higher edu-          about those programs, including for each               minority-serving institutions;
                                             cation and Federal science agencies inter-              program—                                                  (C) individuals holding doctoral degrees in
                                             ested in supporting individuals from groups               (1) the number of applications received,             covered fields from institutions of higher




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                                             that are underrepresented in science and en-            disaggregated by undergraduate and grad-               education in the bottom 90 percent of re-
                                             gineering;                                              uate institution, race, gender, age, and eligi-        search and development expenditures, as
                                               (6) an analysis of how the Federal science            bility for a Federal Pell Grant;                       ranked by the National Center for Science
                                             agencies can work together to advance goals               (2) the number of applications approved,             and Engineering Statistics; and
                                             related to broadening the participation of in-          disaggregated by undergraduate and grad-                  (D) individuals who are women and who
                                             dividuals from groups that are underrep-                uate institution, race, gender, age, and eligi-        hold positions from underrepresented fields.
                                             resented in science and engineering; and                bility for a Federal Pell Grant;                          (c) ACTIVITIES.—




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                                             S8294                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                               (1) IN GENERAL.—Not later than 1 year after             (C) Information relating to the advance-             student enrollment consists of students from
                                             the date of enactment of this Act, the orga-            ments and investments necessary to elevate             ethnic groups that are underrepresented in
                                             nization shall establish program activities             a minority institution or a consortium of              the fields of science and engineering.
                                             including—                                              minority institutions to the research capac-             (5) The term ‘‘Secretary’’ means the Sec-
                                               (A) training for Rising Faculty and men-              ity of a University Affiliated Research Cen-           retary of Defense.
                                             tors;                                                   ter.                                                     (6) The term ‘‘University Affiliated Re-
                                               (B) a program curriculum; and                           (D) Recommendations relating to actions              search Center’’ means a research organiza-
                                               (C) support for existing (as of the date of           that may be taken by the Department, Con-              tion within an institution of higher edu-
                                             provision of the support) mentoring pro-                gress, and minority institutions to establish          cation that—
                                             grams for mentor engagement.                            the Consortium within 10 years.                          (A) provides or maintains Department es-
                                               (2) COLLABORATIVE RESEARCH.—The organi-                 (3) PUBLICLY AVAILABLE.—The Plan shall be            sential engineering, research, or develop-
                                             zation shall encourage program mentors to               posted on a publicly available website of the          ment capabilities; and
                                             network and enter into collaboration on re-             Department.                                              (B) receives sole source contract funding
                                             search projects with Rising Faculty and                   (b) NAMING OF THE CONSORTIUM.—With re-               from the Department pursuant to section
                                             other mentors within the program.                       spect to the naming of the Consortium, the             2304(c)(3)(B) of title 10, United States Code.
                                               (3) SURVEY.—Following the first year of               Secretary shall—                                       SEC. lll. SUBCONTRACT REQUIREMENTS FOR
                                             program enrollment, and on an annual basis                (1) establish a process to solicit and review                   MINORITY INSTITUTIONS.
                                             during the program, the organization shall—             proposals of names from—                                 (a) IN GENERAL.—Section 2304 of title 10,
                                               (A) conduct a survey of Rising Faculty and              (A) minority institutions;                           United States Code, is amended by adding at
                                             mentors to determine best practices and out-              (B) nonprofit institutions that advocate on          the end the following new subsection:
                                             comes achieved;                                         behalf of minority institutions; and                     ‘‘(m)(1) The head of an agency shall require
                                               (B) conduct a survey to collect information             (C) members of the public;                           that a contract awarded to an educational
                                             about the demographics of the Rising Fac-                 (2) develop a list of all names received pur-        institution pursuant to subsection (c)(3)(B)
                                             ulty and mentors; and                                   suant to paragraph (1);                                includes a requirement to subcontract with
                                               (C) conduct additional surveys or other                 (3) provide opportunity for public comment           one or more minority institutions for a total
                                             analyses of Rising Faculty who completed                on the names included on such list; and                amount of not less than 5 percent of the
                                             the program to assess career progression for              (4) choose a name from such list to name             amount awarded in the contract.
                                             not more than 5 years following the comple-             the Consortium.                                          ‘‘(2) For the purposes of this subsection, a
                                             tion of the program by Rising Faculty.                    (c) GRANT PROGRAM FOR LEADING MINORITY               minority institution means—
                                               (d) ASSESSMENT OF THE PILOT PROGRAM AND               INSTITUTIONS.—                                           ‘‘(A) a part B institution (as that term is
                                             RECOMMENDATIONS.—Not later than 180 days                  (1) IN GENERAL.—The Secretary may estab-             defined in section 322(2) of the Higher Edu-
                                             after the conclusion of the pilot program,              lish a program to award grants, on a com-              cation Act of 1965 (20 U.S.C. 1061(2))); or
                                             the Director shall provide a report to the ap-          petitive basis, to leading minority institu-
                                                                                                                                                              ‘‘(B) any other institution of higher edu-
                                             propriate committees of Congress with re-               tions for the purposes described in paragraph
                                                                                                                                                            cation (as that term is defined in section 101
                                             spect to the pilot program, which shall in-             (2).
                                                                                                                                                            of such Act (20 U.S.C. 1001)) at which not less
                                             clude—                                                    (2) PURPOSES.—The purposes described in
                                                                                                                                                            than 50 percent of the total student enroll-
                                               (1) a description and evaluation of the sta-          this paragraph are the following:
                                                                                                                                                            ment consists of students from ethnic groups
                                             tus and effectiveness of the program, includ-             (A) Establishing a legal entity for the pur-
                                                                                                                                                            that are underrepresented in the fields of
                                             ing a summary of survey data collected;                 pose of entering into research contracts or
                                                                                                                                                            science and engineering.’’.
                                               (2) an assessment of the success and utility          agreements with the Federal Government or                (b) EFFECTIVE DATE.—The amendments
                                             of the pilot program in meeting the purposes            the Consortium.                                        made by subsection (a) shall—
                                             of this section;                                          (B) Developing the capability to bid on                (1) take effect on October 1, 2026; and
                                               (3) a summary and analysis of the types               Federal Government or Consortium con-                    (2) apply with respect to funds that are
                                             and frequency of activities and policies de-            tracts.                                                awarded by the Department of Defense on or
                                             veloped and carried out under the pilot pro-              (C) Requesting technical assistance from             after such date.
                                             gram; and                                               the Federal Government or a private entity
                                                                                                                                                            SEC. lll. FUNDING FOR APPLIED AND AD-
                                               (4) a recommendation about continuing the             with respect to contracting with the Federal                      VANCED TECHNOLOGY DEVELOP-
                                             program on a pilot or permanent basis.                  Government or the Consortium.                                     MENT AT HISTORICALLY BLACK
                                                                   ---                                 (D) Recruiting and retaining research fac-                      COLLEGES AND UNIVERSITIES AND
                                               SA 4718. Mr. BROWN (for himself and                   ulty.                                                             MINORITY INSTITUTIONS.
                                             Mr. WARNER) submitted an amendment                        (E) Advancing research capabilities relat-             (a) ADDITIONAL FUNDING.—
                                             intended to be proposed to amendment                    ing to the national security of the United               (1) APPLIED RESEARCH.—(A) The amount
                                             SA 3867 submitted by Mr. REED and in-                   States.                                                authorized to be appropriated for fiscal year
                                             tended to be proposed to the bill H.R.                    (F) Any other matter determined appro-               2022 by section 201 for research, development,
                                             4350, to authorize appropriations for                   priate by the Secretary.                               test, and evaluation is hereby increased by
                                             fiscal year 2022 for military activities                  (3) APPLICATION.—To be eligible to receive           $30,000,000, with the amount of the increase
                                                                                                     a grant under this section, a leading minor-           to be available for Advancement of S&T Pri-
                                             of the Department of Defense, for mili-
                                                                                                     ity institution shall submit to the Secretary          orities (PE 0602251D8Z).
                                             tary construction, and for defense ac-                  an application therefor in such form, and                (B) The amount available under subpara-
                                             tivities of the Department of Energy,                   containing such information, as the Sec-               graph (A) shall be available for minority in-
                                             to    prescribe     military  personnel                 retary may require.                                    stitutions.
                                             strengths for such fiscal year, and for                   (4) PREFERENCE.—In awarding grants pur-                (2) ADVANCED TECHNOLOGY DEVELOPMENT.—
                                             other purposes; which was ordered to                    suant to paragraph (1), the Secretary shall            (A) The amount authorized to be appro-
                                             lie on the table; as follows:                           give preference to a leading minority insti-           priated for fiscal year 2022 by section 201 for
                                               At the appropriate place, insert the fol-             tution with a R1 or R2 status on the Car-              research, development, test, and evaluation
                                             lowing:                                                 negie Classification of Institutions of Higher         is hereby increased by $15,000,000, with the
                                             SEC. lll. MINORITY INSTITUTE FOR DEFENSE                Education.                                             amount of the increase to be available for
                                                         RESEARCH.                                     (d) DEFINITIONS.—In this section:                    Advanced Research High speed flight experi-
                                               (a) PLAN TO ESTABLISH MINORITY INSTITUTE                (1) The term ‘‘Department’’ means the De-            ment testing (PE 0603180C).
                                             FOR DEFENSE RESEARCH.—                                  partment of Defense.                                     (B) The amount available under subpara-
                                               (1) IN GENERAL.—Not later than 1 year after             (2) The term ‘‘leading minority institu-             graph (A) shall be available for minority in-
                                             the date of the enactment of this section, the          tion’’ means a minority institution identi-            stitutions.
                                             Secretary shall submit to the congressional             fied (pursuant to the assessment required                (b) OFFSET.—The amount authorized to be
                                             defense committees a plan (in this section              under subsection (a)(2)(B)) as being in the            appropriated for fiscal year 2022 by section
                                             referred to as the ‘‘Plan’’) for the establish-         top 20 percent of all such institutions with           301 for operation and maintenance is hereby
                                             ment of the Minority Institute for Defense              respect to providing essential engineering,            decreased by $45,000,000, with the amount of
                                             Research (in this section referred to as the            research, or development capability.                   the decrease to be taken from amounts avail-
                                             ‘‘Consortium’’).                                          (3) The term ‘‘institution of higher edu-            able as specified in the funding table in sec-
                                               (2) ELEMENTS.—The Plan shall include the              cation’’ has the meaning given such term in            tion 4301 for the Afghanistan Security Forces
                                             following:                                              section 101 of the Higher Education Act of             Fund, Afghan Air Force Sustainment.
                                               (A) Information relating to the projected             1965 (20 U.S.C. 1001).                                   (c) DEFINITION OF MINORITY INSTITUTION.—




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                                             needs of the Department for the next twenty               (4) The term ‘‘minority institution’’                In this section, the term ‘‘minority institu-
                                             years with respect to essential engineering,            means—                                                 tion’’ means—
                                             research, or development capability.                      (A) a part B institution (as such term is de-          (1) a part B institution (as such term is de-
                                               (B) An assessment relating to the engineer-           fined in section 322 of the Higher Education           fined in section 322 of the Higher Education
                                             ing, research, and development capability of            Act of 1965 (20 U.S.C. 1061)); or                      Act of 1965 (20 U.S.C. 1061)); or
                                             each minority institution to identify each                (B) any institution of higher education at             (2) any institution of higher education at
                                             leading minority institution.                           which not less than 50 percent of the total            which not less than 50 percent of the total




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                      S8295
                                             student enrollment consists of students from            ment SA 3867 proposed by Mr. REED to                               Subtitle H—Maternal Health
                                             ethnic groups that are underrepresented in              the bill H.R. 4350, to authorize appro-                 SEC. 1071. INNOVATION FOR MATERNAL HEALTH.
                                             the fields of science and engineering.                  priations for fiscal year 2022 for mili-                  Title III of the Public Health Service Act
                                                                                                     tary activities of the Department of                    (42 U.S.C. 241 et seq.) is amended by inserting
                                               SA 4719. Mr. BROWN (for himself and
                                                                                                     Defense, for military construction, and                 after section 330N of such Act, the following:
                                             Mr. CASEY) submitted an amendment
                                                                                                     for defense activities of the Depart-                   ‘‘SEC.    330O. INNOVATION    FOR    MATERNAL
                                             intended to be proposed to amendment                                                                                          HEALTH.
                                                                                                     ment of Energy, to prescribe military
                                             SA 3867 submitted by Mr. REED and in-
                                                                                                     personnel strengths for such fiscal                       ‘‘(a) IN GENERAL.—The Secretary, in con-
                                             tended to be proposed to the bill H.R.                                                                          sultation with experts representing a variety
                                                                                                     year, and for other purposes; which was
                                             4350, to authorize appropriations for                                                                           of clinical specialties, State, Tribal, or local
                                                                                                     ordered to lie on the table; as follows:
                                             fiscal year 2022 for military activities                                                                        public health officials, researchers, epi-
                                             of the Department of Defense, for mili-                   In lieu of the matter proposed to be in-              demiologists, statisticians, and community
                                             tary construction, and for defense ac-                  serted, insert the following:                           organizations, shall establish or continue a
                                             tivities of the Department of Energy,                   SEC. 1516. MODIFICATION TO ESTIMATE OF DAM-             program to award competitive grants to eli-
                                             to    prescribe     military  personnel                             AGES FROM FEDERAL COMMUNICA-                gible entities for the purpose of—
                                                                                                                 TIONS COMMISSION ORDER 20–48.                 ‘‘(1) identifying, developing, or dissemi-
                                             strengths for such fiscal year, and for
                                                                                                                                                             nating best practices to improve maternal
                                             other purposes; which was ordered to                      Section 1664 of the William M. (Mac)
                                                                                                                                                             health care quality and outcomes, improve
                                             lie on the table; as follows:                           Thornberry National Defense Authorization
                                                                                                                                                             maternal and infant health, and eliminate
                                               At the appropriate place, insert the fol-             Act for Fiscal Year 2021 (Public Law 116–283)
                                                                                                                                                             preventable maternal mortality and severe
                                             lowing:                                                 is amended—
                                                                                                                                                             maternal morbidity, which may include—
                                                                                                       (1) in subsection (a), in the matter pre-
                                             SEC. llll. PROTECTIONS FOR OBLIGORS AND                                                                           ‘‘(A) information on evidence-based prac-
                                                       COSIGNERS IN CASE OF DEATH OR
                                                                                                     ceding paragraph (1), by inserting ‘‘or any
                                                                                                                                                             tices to improve the quality and safety of
                                                       TOTAL    AND  PERMANENT   DIS-                subsequent fiscal year’’ after ‘‘fiscal year
                                                                                                                                                             maternal health care in hospitals and other
                                                       ABILITY.                                      2021’’; and
                                                                                                                                                             health care settings of a State or health care
                                               (a) IN GENERAL.—Section 140(g) of the                   (2) by adding at the end the following new
                                                                                                                                                             system by addressing topics commonly asso-
                                             Truth in Lending Act (15 U.S.C. 1650(g)) is             subsections:
                                                                                                                                                             ciated with health complications or risks re-
                                             amended—                                                  ‘‘(d) DISTRIBUTION OF ESTIMATE.—As soon               lated to prenatal care, labor care, birthing,
                                               (1) in paragraph (2)—                                 as practicable after submitting an estimate             and postpartum care;
                                               (A) in the heading, by striking ‘‘IN CASE OF          as described in paragraph (1) of subsection               ‘‘(B) best practices for improving maternal
                                             DEATH OF BORROWER’’; an                                 (a) and making the certification described in           health care based on data findings and re-
                                               (B) by striking ‘‘death’’ each place the              paragraph (2) of such subsection, the Sec-              views conducted by a State maternal mor-
                                             term appears and inserting ‘‘death or total             retary shall make such estimate available to            tality review committee that address topics
                                             and permanent disability’’;                             any licensee operating under the Order and              of relevance to common complications or
                                               (2) by adding at the end the following:               Authorization described in such subsection.             health risks related to prenatal care, labor
                                               ‘‘(3) DISCHARGE IN CASE OF DEATH OR TOTAL               ‘‘(e) AUTHORITY OF SECRETARY OF DEFENSE               care, birthing, and postpartum care; and
                                             AND PERMANENT DISABILITY OF BORROWER.—                                                                            ‘‘(C) information on addressing deter-
                                                                                                     TO SEEK RECOVERY OF COSTS.—The Secretary
                                             The holder of a private education loan shall,           may work directly with any licensee (or any             minants of health that impact maternal
                                             when notified of the death or total and per-            future assignee, successor, or purchaser) af-           health outcomes for women before, during,
                                             manent disability of a student obligor, dis-            fected by the Order and Authorization de-               and after pregnancy;
                                             charge the liability of the student obligor on          scribed in subsection (a) to seek recovery of             ‘‘(2) collaborating with State maternal
                                             the loan and may not, after such notifica-              costs incurred by the Department as a result            mortality review committees to identify
                                             tion—                                                   of the effect of such order and authorization.          issues for the development and implementa-
                                               ‘‘(A) attempt to collect on the outstanding                                                                   tion of evidence-based practices to improve
                                             liability of the student obligor; and                     ‘‘(f) REIMBURSEMENT.—
                                                                                                                                                             maternal health outcomes and reduce pre-
                                               ‘‘(B) in the case of total and permanent                ‘‘(1) IN GENERAL.—The Secretary shall es-
                                                                                                                                                             ventable maternal mortality and severe ma-
                                             disability, monitor the disability status of            tablish and facilitate a process for any li-
                                                                                                                                                             ternal morbidity, consistent with section
                                             the student obligor at any point after the              censee (or any future assignee, successor, or
                                                                                                                                                             317K;
                                             date of discharge.                                      purchaser) subject to the Order and Author-
                                                                                                                                                               ‘‘(3) providing technical assistance and
                                               ‘‘(4) PRIVATE DISCHARGE IN CASES OF CER-              ization described in subsection (a) to provide
                                                                                                                                                             supporting the implementation of best prac-
                                             TAIN DISCHARGE FOR DEATH OR DISABILITY.—                reimbursement to the Department, only to
                                                                                                                                                             tices identified in paragraph (1) to entities
                                             The holder of a private education loan shall,           the extent provided in appropriation Acts,
                                                                                                                                                             providing health care services to pregnant
                                             when notified of the discharge of liability of          for the covered costs and eligible reimburs-
                                                                                                                                                             and postpartum women; and
                                             a student obligor on a loan described under             able costs submitted and certified to the con-
                                                                                                                                                               ‘‘(4) identifying, developing, and evalu-
                                             section 108(f)(5)(A) of the Internal Revenue            gressional defense committees under such
                                                                                                                                                             ating new models of care that improve ma-
                                             Code of 1986, discharge any liability of the            subsection.
                                                                                                                                                             ternal and infant health outcomes, which
                                             student obligor (and any cosigner) on any                 ‘‘(2) USE OF FUNDS.—The Secretary shall
                                                                                                                                                             may include the integration of community-
                                             private education loan which the private                use any funds received under this subsection,
                                                                                                                                                             based services and clinical care.
                                             education loan holder holds and may not,                to the extent and in such amounts as are
                                                                                                     provided in advance in appropriation Acts,                ‘‘(b) ELIGIBLE ENTITIES.—To be eligible for
                                             after such notification—                                                                                        a grant under subsection (a), an entity
                                               ‘‘(A) attempt to collect on the outstanding           for covered costs described in subsection (b)
                                                                                                     and the range of eligible reimbursable costs            shall—
                                             liability of the student obligor; and                                                                             ‘‘(1) submit to the Secretary an application
                                               ‘‘(B) in the case of total and permanent              identified under subsection (a)(1).
                                                                                                       ‘‘(3) REPORT.—Not later than 90 days after            at such time, in such manner, and con-
                                             disability, monitor the disability status of                                                                    taining such information as the Secretary
                                             the student obligor at any point after the              the date on which the Secretary establishes
                                                                                                     the process required by paragraph (1), the              may require; and
                                             date of discharge.                                                                                                ‘‘(2) demonstrate in such application that
                                               ‘‘(5) DEFINITION.—In this subsection, the             Secretary shall submit to the congressional
                                                                                                     defense committees a report on such                     the entity is capable of carrying out data-
                                             term ‘total and permanent disability’ has                                                                       driven maternal safety and quality improve-
                                             the meaning given the term ‘totally and per-            process.’’.
                                                                                                                                                             ment initiatives in the areas of obstetrics
                                             manently disabled’ in section 685.102(b) of                                                                     and gynecology or maternal health.
                                             title 34, Code of Federal Regulations.’’.                 SA 4721. Mr. WARNOCK submitted an                       ‘‘(c) REPORT.—Not later than September 30,
                                               (b) RULEMAKING.—The Director of the Bu-                                                                       2024, and every 2 years thereafter, the Sec-
                                             reau of Consumer Financial Protection may               amendment intended to be proposed to
                                                                                                     amendment SA 3867 submitted by Mr.                      retary shall submit a report to Congress on
                                             promulgate regulations to implement the                                                                         the practices described in paragraphs (1) and
                                             amendments made by subsection (a) as the                REED and intended to be proposed to
                                                                                                                                                             (2) of subsection (a). Such report shall in-
                                             Director determines appropriate.                        the bill H.R. 4350, to authorize appro-                 clude a description of the extent to which
                                               (c) EFFECTIVE DATE.—The amendments                    priations for fiscal year 2022 for mili-                such practices reduced preventable maternal
                                             made by this section shall take effect on the           tary activities of the Department of                    mortality and severe maternal morbidity,
                                             date that is 1 year after the date of enact-            Defense, for military construction, and                 and whether such practices improved mater-
                                             ment of this Act.




dlhill on DSK120RN23PROD with SENATE
                                                                                                     for defense activities of the Depart-                   nal and infant health. The Secretary shall
                                                                                                     ment of Energy, to prescribe military                   disseminate information on such practices,
                                               SA 4720. Mr. ROUNDS (for Mr.                                                                                  as appropriate.
                                             INHOFE) submitted an amendment in-                      personnel strengths for such fiscal
                                                                                                     year, and for other purposes; which was                   ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
                                             tended to be proposed to amendment                                                                              To carry out this section, there are author-
                                             SA 4431 submitted by Mr. INHOFE and                     ordered to lie on the table; as follows:
                                                                                                                                                             ized to be appropriated $9,000,000 for each of
                                             intended to be proposed to the amend-                        At the end of title X, add the following:          fiscal years 2022 through 2026.’’.




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                                             S8296                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                             SEC. 1072. TRAINING FOR HEALTH CARE PRO-                ing patients and families, to identify, de-              ‘‘(ii) shall consider health disparities re-
                                                         VIDERS.                                     velop, or disseminate best practices to im-            lated to maternal mortality and severe ma-
                                               Title VII of the Public Health Service Act            prove perinatal care and outcomes; and                 ternal morbidity, including such disparities
                                             is amended by striking section 763 (42 U.S.C.              ‘‘(III) employ strategies that provide op-          associated with racial and ethnic minority
                                             294p) and inserting the following:                      portunities for health care professionals and          populations.
                                             ‘‘SEC. 763. TRAINING FOR HEALTH CARE PRO-               clinical teams to collaborate across health              ‘‘(C) EVALUATION.—The Secretary shall re-
                                                          VIDERS.                                    care settings and disciplines, including pri-          quire grantees to evaluate the outcomes of
                                                ‘‘(a) GRANT PROGRAM.—The Secretary shall             mary care and mental health, as appropriate,           the programs supported under the grant.
                                             establish a program to award grants to ac-              to improve maternal and infant health out-               ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
                                             credited schools of allopathic medicine, os-            comes, which may include the use of data to            There are authorized to be appropriated to
                                             teopathic medicine, and nursing, and other              provide timely feedback across hospital and            carry out this section $10,000,000 for each of
                                             health professional training programs for the           clinical teams to inform responses, and to             fiscal years 2022 through 2026.’’.
                                             training of health care professionals to im-            provide support and training to hospital and             (b) REPORT ON GRANT OUTCOMES AND DIS-
                                             prove the provision of prenatal care, labor             clinical teams for quality improvement, as             SEMINATION OF BEST PRACTICES.—
                                             care, birthing, and postpartum care for ra-             appropriate.                                             (1) REPORT.—Not later than February 1,
                                             cial and ethnic minority populations, includ-              ‘‘(ii) To be eligible for a grant under clause      2026, the Secretary of Health and Human
                                             ing with respect to perceptions and biases              (i), an entity shall submit to the Secretary           Services shall submit to the Committee on
                                             that may affect the approach to, and provi-             an application in such form and manner and             Health, Education, Labor, and Pensions of
                                             sion of, care.                                          containing such information as the Sec-                the Senate and the Committee on Energy
                                               ‘‘(b) ELIGIBILITY.—To be eligible for a grant         retary may require.’’.                                 and Commerce of the House of Representa-
                                             under subsection (a), an entity described in               (b) REPORT TO CONGRESS.—Not later than              tives a report that describes—
                                             such subsection shall submit to the Sec-                September 30, 2025, the Secretary of Health              (A) the outcomes of the activities sup-
                                             retary an application at such time, in such             and Human Services shall submit to Con-                ported by the grants awarded under the
                                             manner, and containing such information as              gress a report regarding the activities con-           amendments made by this section on mater-
                                             the Secretary may require.                              ducted by recipients of grants under sub-              nal and child health;
                                               ‘‘(c) REPORTING REQUIREMENTS.—                        section (a)(2)(E) of section 317K of the Public          (B) best practices and models of care used
                                               ‘‘(1) PERIODIC GRANTEE REPORTS.—Each en-              Health Service Act (42 U.S.C. 247b–12).                by recipients of grants under such amend-
                                             tity awarded a grant under this section shall           SEC. 1075. INTEGRATED SERVICES FOR PREG-               ments; and
                                             periodically submit to the Secretary a report                       NANT AND POSTPARTUM WOMEN.                   (C) obstacles identified by recipients of
                                             on the status of activities conducted using               (a) GRANTS.—Title III of the Public Health           grants under such amendments, and strate-
                                             the grant, including a description of the im-           Service Act (42 U.S.C. 241 et seq.) is amended         gies used by such recipients to deliver care,
                                             pact of such training on patient outcomes, as           by inserting after section 330O of such Act,           improve maternal and child health, and re-
                                             applicable.                                             as added by section 1071, the following:               duce health disparities.
                                               ‘‘(2) REPORT TO CONGRESS.—Not later than              ‘‘SEC. 330P. INTEGRATED SERVICES FOR PREG-               (2) DISSEMINATION OF BEST PRACTICES.—Not
                                             September 30, 2025, the Secretary shall sub-                         NANT AND POSTPARTUM WOMEN.                later than August 1, 2026, the Secretary of
                                             mit a report to Congress on the activities                 ‘‘(a) IN GENERAL.—The Secretary may                 Health and Human Services shall dissemi-
                                             conducted using grants under subsection (a)             award grants for the purpose of establishing           nate information on best practices and mod-
                                             and any best practices identified and dis-              or operating evidence-based or innovative,             els of care used by recipients of grants under
                                             seminated under subsection (d).                         evidence-informed programs to deliver inte-            the amendments made by this section (in-
                                               ‘‘(d) BEST PRACTICES.—The Secretary may               grated health care services to pregnant and            cluding best practices and models of care re-
                                             identify and disseminate best practices for             postpartum women to optimize the health of             lating to the reduction of health disparities,
                                             the training described in subsection (a).               women and their infants, including to reduce           including such disparities associated with ra-
                                               ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—               adverse maternal health outcomes, preg-                cial and ethnic minority populations, in
                                             To carry out this section, there are author-            nancy-related deaths, and related health dis-          rates of maternal mortality and severe ma-
                                             ized to be appropriated $5,000,000 for each of          parities (including such disparities associ-           ternal morbidity) to relevant stakeholders,
                                             fiscal years 2022 through 2026.’’.                      ated with racial and ethnic minority popu-             which may include health providers, medical
                                             SEC. 1073. STUDY ON IMPROVING TRAINING FOR              lations), and, as appropriate, by addressing           schools, nursing schools, relevant State,
                                                          HEALTH CARE PROVIDERS.                     issues researched under subsection (b)(2) of           Tribal, and local agencies, and the general
                                               Not later than 2 years after date of enact-           section 317K.                                          public.
                                             ment of this Act, the Secretary of Health                 ‘‘(b) INTEGRATED SERVICES FOR PREGNANT               SEC. 1076. MATERNAL VACCINATION AWARENESS.
                                             and Human Services shall, through a con-                AND POSTPARTUM WOMEN.—                                   In carrying out the public awareness ini-
                                             tract with an independent research organiza-              ‘‘(1) ELIGIBILITY.—To be eligible to receive         tiative related to vaccinations pursuant to
                                             tion, conduct a study and make rec-                     a grant under subsection (a), a State, Indian          section 313 of the Public Health Service Act
                                             ommendations for accredited schools of                  Tribe, or Tribal organization (as such terms           (42 U.S.C. 245), the Secretary of Health and
                                             allopathic medicine, osteopathic medicine,              are defined in section 4 of the Indian Self-De-        Human Services shall take into consider-
                                             and nursing, and other health professional              termination and Education Assistance Act)              ation the importance of increasing aware-
                                             training programs on best practices related             shall work with relevant stakeholders that             ness and knowledge of the safety and effec-
                                             to training to improve the provision of pre-            coordinate care to develop and carry out the           tiveness of vaccines to prevent disease in
                                             natal care, labor care, birthing, and                   program, including—                                    pregnant and postpartum women and in in-
                                             postpartum care for racial and ethnic minor-              ‘‘(A) State, Tribal, and local agencies re-          fants and the need to improve vaccination
                                             ity populations, including with respect to              sponsible for Medicaid, public health, social          rates in communities and populations with
                                             perceptions and biases that may affect the              services, mental health, and substance use             low rates of vaccination.
                                             approach to, and provision of, care.                    disorder treatment and services;                                          ---
                                             SEC.      1074.   PERINATAL        QUALITY                ‘‘(B) health care providers who serve preg-            SA 4722. Mr. SANDERS submitted an
                                                        COLLABORATIVES.                              nant and postpartum women; and                         amendment intended to be proposed to
                                               (a) IN GENERAL.—Section 317K(a)(2) of the               ‘‘(C) community-based health organiza-               amendment SA 3867 submitted by Mr.
                                             Public Health Service Act (42 U.S.C. 247b–              tions and health workers, including pro-               REED and intended to be proposed to
                                             12(a)(2)) is amended by adding at the end the           viders of home visiting services and individ-
                                                                                                                                                            the bill H.R. 4350, to authorize appro-
                                             following:                                              uals representing communities with dis-
                                               ‘‘(E)(i) The Secretary, acting through the            proportionately high rates of maternal mor-            priations for fiscal year 2022 for mili-
                                             Director of the Centers for Disease Control             tality and severe maternal morbidity, and              tary activities of the Department of
                                             and Prevention and in coordination with                 including those representing racial and eth-           Defense, for military construction, and
                                             other offices and agencies, as appropriate,             nic minority populations.                              for defense activities of the Depart-
                                             shall establish or continue a competitive                 ‘‘(2) TERMS.—                                        ment of Energy, to prescribe military
                                             grant program for the establishment or sup-               ‘‘(A) PERIOD.—A grant awarded under sub-             personnel strengths for such fiscal
                                             port of perinatal quality collaboratives to             section (a) shall be made for a period of 5            year, and for other purposes; which was
                                             improve perinatal care and perinatal health             years. Any supplemental award made to a
                                                                                                                                                            ordered to lie on the table; as follows:
                                             outcomes for pregnant and postpartum                    grantee under subsection (a) may be made
                                             women and their infants. A State, Indian                for a period of less than 5 years.                       At the appropriate place, insert the fol-
                                             Tribe, or Tribal organization may use funds               ‘‘(B) PRIORITIES.—In awarding grants under           lowing:




dlhill on DSK120RN23PROD with SENATE
                                             received through such grant to—                         subsection (a), the Secretary shall—                   SEC. lll. IMPROVEMENTS TO CHIPS.
                                               ‘‘(I) support the use of evidence-based or              ‘‘(i) give priority to States, Indian Tribes,          Section 9902 of the William M. (Mac)
                                             evidence-informed practices to improve out-             and Tribal organizations that have the high-           Thornberry National Defense Authorization
                                             comes for maternal and infant health;                   est rates of maternal mortality and severe             Act for Fiscal Year 2021 (15 U.S.C. 4652) is
                                               ‘‘(II) work with clinical teams; experts;             maternal morbidity relative to other such              amended—
                                             State, local, and, as appropriate, Tribal pub-          States, Indian Tribes, or Tribal organiza-               (1) by redesignating subsection (c) as sub-
                                             lic health officials; and stakeholders, includ-         tions, respectively; and                               section (d); and




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8297
                                               (2) by inserting after subsection (b) the fol-          At the appropriate place, insert the fol-              (e) AUTHORITY TO USE FUND AMOUNTS; PRO-
                                             lowing:                                                 lowing:                                                CEEDS OF SALE.—
                                               ‘‘(c) CONDITIONS OF RECEIPT.—                         SEC. lllll. CONGRESSIONAL GOLD MEDAL.                    (1) AUTHORITY TO USE FUND AMOUNTS.—
                                               ‘‘(1) REQUIRED AGREEMENT.—A covered en-                 (a) FINDINGS.—Congress finds the fol-                There is authorized to be charged against the
                                             tity to which the Secretary awards Federal              lowing:                                                United States Mint Public Enterprise Fund
                                             financial assistance under this section shall             (1) At 9:44 a.m., on August 26, 2021, the Pen-       such amounts as may be necessary to pay for
                                             enter into an agreement that specifies that,            tagon confirmed that one explosion occurred            the costs of the medals struck pursuant to
                                             during the 5-year period immediately fol-               at the Hamid Karzai International Airport.             this section.
                                             lowing the award of the Federal financial as-             (2) The explosion was confirmed to be a                (2) PROCEEDS OF SALE.—The amounts re-
                                             sistance—                                               suicide bombing by ISIS–K terrorist group.             ceived from the sale of duplicate bronze med-
                                               ‘‘(A) the covered entity will not—                      (3) Estimates as high as 200 deaths were re-         als authorized under subsection (c) shall be
                                               ‘‘(i) repurchase an equity security that is           ported, including 13 service members of the            deposited into the United States Mint Public
                                             listed on a national securities exchange of             United States, as well as hundreds more                Enterprise Fund.
                                             the covered entity or any parent company of             wounded.
                                             the covered entity, except to the extent re-              (4) The attack on Thursday, August 26, 2021            SA 4724. Mr. KING (for himself, Mr.
                                             quired under a contractual obligation that is           at the Hamid Karzai International Airport in           ROUNDS, Mr. SASSE, Ms. ROSEN, Ms.
                                             in effect as of the date of enactment of this           Kabul, Afghanistan, killed 13 United States            HASSAN, and Mr. OSSOFF) submitted an
                                             subsection;                                             service members, making it the deadliest               amendment intended to be proposed to
                                               ‘‘(ii) outsource or offshore jobs to a loca-          single day of the war for the United States in
                                             tion outside of the United States; or
                                                                                                                                                            amendment SA 3867 submitted by Mr.
                                                                                                     more than a decade.
                                               ‘‘(iii) abrogate existing collective bar-               (5) The American service members went
                                                                                                                                                            REED and intended to be proposed to
                                             gaining agreements; and                                 above and beyond the call of duty to protect           the bill H.R. 4350, to authorize appro-
                                               ‘‘(B) the covered entity will remain neutral          citizens of the United States and our allies           priations for fiscal year 2022 for mili-
                                             in any union organizing effort.                         to ensure they are brought to safety in an             tary activities of the Department of
                                               ‘‘(2) FINANCIAL PROTECTION OF GOVERN-                 extremely dangerous situation as the                   Defense, for military construction, and
                                             MENT.—                                                  Taliban regained control over Afghanistan.             for defense activities of the Depart-
                                               ‘‘(A) IN GENERAL.—The Secretary may not                 (6) The American service members exem-               ment of Energy, to prescribe military
                                             award Federal financial assistance to a cov-            plified extreme bravery and valor against              personnel strengths for such fiscal
                                             ered entity under this section, unless—                 armed enemy combatants.
                                               ‘‘(i)(I) the covered entity has issued securi-                                                               year, and for other purposes; which was
                                                                                                       (7) The American service members dedi-
                                             ties that are traded on a national securities           cated their lives and their heroism deserves
                                                                                                                                                            ordered to lie on the table; as follows:
                                             exchange; and                                           great honor.                                             At the end of subtitle G of title X, add the
                                               ‘‘(II) the Secretary of the Treasury re-                (8) Maxton Soviak, Kareem Nikoui, David              following:
                                             ceives a warrant or equity interest in the              Espinoza, Rylee McCollum, Jared Schmitz,               SEC. 1064. REPORT ON CYBERSECURITY CERTIFI-
                                             covered entity; or                                                                                                         CATIONS AND LABELING.
                                                                                                     Hunter Lopez, Taylor Hoover, Daegan Wil-
                                               ‘‘(ii) in the case of any covered entity              liam-Tyeler Page, Nicole Gee, Humberto                   Not later than October 1, 2022, the National
                                             other than a covered entity described in                Sanchez, Dylan Merola, Johanny Rosario                 Cyber Director, in consultation with the Di-
                                             clause (i), the Secretary of the Treasury re-                                                                  rector of the National Institute of Standards
                                                                                                     Pichardo, and Ryan Knauss have been identi-
                                             ceives, in the discretion of the Secretary of                                                                  and Technology, the Chairman of the Fed-
                                                                                                     fied as the 13 service members who died from
                                             the Treasury—                                                                                                  eral Trade Commission, and the Director of
                                                                                                     the blast while stationed at Hamid Karzai
                                               ‘‘(I) a warrant or equity interest in the                                                                    the Cybersecurity and Infrastructure Secu-
                                                                                                     International Airport.
                                             covered entity; or                                                                                             rity Agency, shall submit to the Committee
                                                                                                       (b) CONGRESSIONAL GOLD MEDAL.—
                                               ‘‘(II) a senior debt instrument issued by                                                                    on Homeland Security and Governmental Af-
                                                                                                       (1)    PRESENTATIONS      AUTHORIZED.—The
                                             the covered entity.                                                                                            fairs and the Committee on Commerce,
                                                                                                     Speaker of the House of Representatives and
                                               ‘‘(B) TERMS AND CONDITIONS.—The terms                                                                        Science, and Transportation of the Senate
                                                                                                     the President pro tempore of the Senate
                                             and conditions of any warrant, equity inter-                                                                   and the Committee on Homeland Security
                                                                                                     shall make appropriate arrangements for the
                                             est, or senior debt instrument received under                                                                  and the Committee on Science, Space, and
                                                                                                     posthumous presentation, on behalf of Con-
                                             subparagraph (A) shall be set by the Sec-                                                                      Technology of the House of Representatives
                                                                                                     gress, of a single gold medal of appropriate
                                             retary and shall meet the following require-                                                                   a report that—
                                                                                                     design in commemoration of the 13 service
                                             ments:                                                                                                           (1) identifies and assesses existing efforts
                                                                                                     members who perished as a result of the at-
                                               ‘‘(i) PURPOSES.—Such terms and conditions                                                                    by the Federal Government to create, admin-
                                                                                                     tack in Afghanistan, on August 26, 2021.
                                             shall be designed to provide for a reasonable                                                                  ister, or otherwise support the use of certifi-
                                                                                                       (2) DESIGN AND STRIKING.—For purposes of
                                             participation by the Secretary of Commerce,                                                                    cations or labels to communicate the secu-
                                                                                                     the presentation referred to in paragraph (1),
                                             for the benefit of taxpayers, in equity appre-                                                                 rity or security characteristics of informa-
                                                                                                     the Secretary of the Treasury (referred to in
                                             ciation in the case of a warrant or other eq-                                                                  tion technology or operational technology
                                                                                                     this section as the ‘‘Secretary’’) shall strike
                                             uity interest, or a reasonable interest rate                                                                   products and services; and
                                                                                                     a gold medal with suitable emblems, devices,
                                             premium, in the case of a debt instrument.                                                                       (2) assesses the viability of and need for a
                                                                                                     and inscriptions, to be determined by the
                                               ‘‘(ii) AUTHORITY TO SELL, EXERCISE, OR SUR-                                                                  new program at the Department of Home-
                                                                                                     Secretary.
                                             RENDER.—For the primary benefit of tax-                                                                        land Security, or at other Federal agencies
                                                                                                       (3) SMITHSONIAN INSTITUTION.—
                                             payers, the Secretary may sell, exercise, or                                                                   as appropriate, to better address information
                                                                                                       (A) IN GENERAL.—Following the award of
                                             surrender a warrant or any senior debt in-                                                                     technology and operational technology prod-
                                                                                                     the gold medal under paragraph (1), the gold
                                             strument received under this subparagraph.                                                                     uct and service security certification and la-
                                                                                                     medal shall be given to the Smithsonian In-
                                             The Secretary shall not exercise voting                                                                        beling efforts across the Federal Government
                                                                                                     stitution, where it shall be available for dis-
                                             power with respect to any shares of common                                                                     and between the Federal Government and
                                                                                                     play as appropriate and made available for
                                             stock acquired under this subparagraph.                                                                        the private sector.
                                                                                                     research.
                                               ‘‘(iii) SUFFICIENCY.—If the Secretary deter-
                                                                                                       (B) SENSE OF CONGRESS.—It is the sense of              SA 4725. Ms. CORTEZ MASTO (for
                                             mines that a covered entity cannot feasibly
                                                                                                     Congress that the Smithsonian Institution              herself and Mr. KAINE) submitted an
                                             issue warrants or other equity interests as
                                                                                                     shall make the gold medal received under
                                             required by this subparagraph, the Secretary
                                                                                                     paragraph (1) available for display outside of
                                                                                                                                                            amendment intended to be proposed to
                                             may accept a senior debt instrument in an                                                                      amendment SA 3867 submitted by Mr.
                                                                                                     the District of Columbia at times, particu-
                                             amount and on such terms as the Secretary                                                                      REED and intended to be proposed to
                                                                                                     larly at other locations associated with the
                                             determines appropriate.’’.                                                                                     the bill H.R. 4350, to authorize appro-
                                                                                                     13 service members who perished in Afghani-
                                               SA 4723. Mr. DAINES (for himself                      stan on August 26, 2021.                               priations for fiscal year 2022 for mili-
                                                                                                       (c) DUPLICATE MEDALS.—The Secretary                  tary activities of the Department of
                                             and Ms. WARREN) submitted an amend-                     may strike and sell duplicates in bronze of
                                             ment intended to be proposed to                                                                                Defense, for military construction, and
                                                                                                     the gold medal struck pursuant to sub-
                                             amendment SA 3867 submitted by Mr.                                                                             for defense activities of the Depart-
                                                                                                     section (b) at a price sufficient to cover the
                                             REED and intended to be proposed to                     cost thereof, including labor, materials, dies,        ment of Energy, to prescribe military
                                             the bill H.R. 4350, to authorize appro-                 use of machinery, and overhead expenses.               personnel strengths for such fiscal
                                             priations for fiscal year 2022 for mili-                  (d) STATUS OF MEDALS.—                               year, and for other purposes; which was
                                             tary activities of the Department of                      (1) NATIONAL MEDALS.—The medal struck                ordered to lie on the table; as follows:




dlhill on DSK120RN23PROD with SENATE
                                                                                                     pursuant to this section is a national medal             At the appropriate place, insert the fol-
                                             Defense, for military construction, and
                                                                                                     for purposes of chapter 51 of title 31, United         lowing:
                                             for defense activities of the Depart-                   States Code.                                           SEC. llll. IMPROVING IRAQ & AFGHANISTAN
                                             ment of Energy, to prescribe military                     (2) NUMISMATIC ITEMS.—For purposes of                          SERVICE GRANT AND CHILDREN OF
                                             personnel strengths for such fiscal                     section 5134 of title 31, United States Code,                    FALLEN HEROES GRANT.
                                             year, and for other purposes; which was                 all medals struck under this section shall be            (a) TECHNICAL AMENDMENT RELATING TO
                                             ordered to lie on the table; as follows:                considered to be numismatic items.                     IRAQ AND AFGHANISTAN SERVICE GRANT AND




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                                             S8298                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                             CHILDREN OF FALLEN HEROES GRANT.—Part A                 given such term in section 1016(e) of the Crit-        the Senate, and the Committee on Homeland
                                             of title IV of the Higher Education Act of              ical Infrastructure Protection Act of 2001 (42         Security of the House of Representatives a
                                             1965 (20 U.S.C. 1070 et seq.), as amended by            U.S.C. 5195c(e)).                                      report on the risks identified by the process
                                             section 703 of the FAFSA Simplification Act               (2) CYBERSECURITY RISK.—The term ‘‘cyber-            established under subparagraph (A)—
                                             (title VII of division FF of Public Law 116–            security risk’’ has the meaning given such               ‘‘(i) not later than 1 year after the date of
                                             260), is amended—                                       term in section 2209 of the Homeland Secu-             enactment of this section; and
                                                (1) in section 401—                                  rity Act of 2002 (6 U.S.C. 659).                         ‘‘(ii) not later than 1 year after the date on
                                                (A) in subsection (c)—                                 (3) DEPARTMENT.—The term ‘‘Department’’              which the Secretary submits a periodic eval-
                                                (i) in paragraph (2)—                                means the Department of Homeland Secu-                 uation described in section 9002(b)(2) of title
                                                (I) by striking subparagraph (A); and                rity.                                                  XC of division H of the William M. (Mac)
                                                (II) by redesignating subparagraphs (B) and            (4) SECRETARY.—The term ‘‘Secretary’’                Thornberry National Defense Authorization
                                             (C) as subparagraphs (A) and (B), respec-               means the Secretary of Homeland Security.              Act for Fiscal Year 2021 (Public Law 116–283).
                                             tively;                                                 TITLE LI—INVESTING IN CYBER RESIL-                       ‘‘(2) NATIONAL CRITICAL INFRASTRUCTURE
                                                (ii) in paragraph (3)(A), by striking                  IENCY IN CRITICAL INFRASTRUCTURE                     RESILIENCE STRATEGY.—
                                             ‘‘(2)(B)(i)’’ and inserting ‘‘(2)(A)(i)’’;                                                                       ‘‘(A) IN GENERAL.—Not later than 1 year
                                                                                                     SEC. 5101. NATIONAL RISK MANAGEMENT CYCLE.
                                                (iii) by redesignating paragraph (5) as para-                                                               after the date on which the Secretary deliv-
                                                                                                       (a) AMENDMENTS.—Subtitle A of title XXII
                                             graph (7); and                                                                                                 ers each report required under paragraph (1),
                                                                                                     of the Homeland Security Act of 2002 (6
                                                (iv) by inserting after paragraph (4) the fol-                                                              the President shall deliver to majority and
                                                                                                     U.S.C. 651 et seq.) is amended—
                                             lowing:                                                                                                        minority leaders of the Senate, the Speaker
                                                                                                        (1) in section 2202(c) (6 U.S.C. 652(c))—
                                                ‘‘(5) PREVENTION OF DOUBLE BENEFITS.—No                                                                     and minority leader of the House of Rep-
                                                                                                        (A) in paragraph (11), by striking ‘‘and’’ at
                                             eligible student described in paragraph (2)                                                                    resentatives, the Committee on Homeland
                                                                                                     the end;
                                             may concurrently receive a grant under both                                                                    Security and Governmental Affairs of the
                                                                                                        (B) in the first paragraph designated as
                                             this subsection and subsection (b).                                                                            Senate, and the Committee on Homeland Se-
                                                                                                     paragraph (12), relating to the Cybersecurity
                                                ‘‘(6) TERMS AND CONDITIONS.—The Sec-                                                                        curity of the House of Representatives a na-
                                                                                                     State Coordinator—
                                             retary shall award grants under this sub-                                                                      tional critical infrastructure resilience
                                                                                                        (i) by striking ‘‘section 2215’’ and inserting
                                             section in the same manner and with the                                                                        strategy designed to address the risks identi-
                                                                                                     ‘‘section 2217’’; and
                                             same terms and conditions, including the                                                                       fied by the Secretary.
                                                                                                        (ii) by striking ‘‘and’’ at the end; and
                                             length of the period of eligibility, as the Sec-                                                                 ‘‘(B) ELEMENTS.—Each strategy delivered
                                                                                                        (C) by redesignating the second and third
                                             retary awards Federal Pell Grants under sub-                                                                   under subparagraph (A) shall—
                                                                                                     paragraphs designated as paragraph (12) as
                                             section (b), except that—                                                                                        ‘‘(i) identify, assess, and prioritize areas of
                                                                                                     paragraphs (13) and (14), respectively;
                                                ‘‘(A) the award rules and determination of                                                                  risk to critical infrastructure that would
                                                                                                        (2) by redesignating section 2217 (6 U.S.C.
                                             need applicable to the calculation of Federal                                                                  compromise or disrupt national critical
                                                                                                     665f) as section 2220;
                                             Pell Grants under subsection (b)(1) shall not                                                                  functions impacting national security, eco-
                                                                                                        (3) by redesignating section 2216 (6 U.S.C.
                                             apply to grants made under this subsection;                                                                    nomic security, or public health and safety;
                                                                                                     665e) as section 2219;
                                             and                                                                                                              ‘‘(ii) assess the implementation of the pre-
                                                                                                        (4) by redesignating the fourth section 2215
                                                ‘‘(B) the maximum period determined                                                                         vious national critical infrastructure resil-
                                                                                                     (relating to Sector Risk Management Agen-
                                             under subsection (d)(5) shall be determined                                                                    ience strategy, as applicable;
                                                                                                     cies) (6 U.S.C. 665d) as section 2218;
                                             by including all grants made under this sec-                                                                     ‘‘(iii) identify and outline current and pro-
                                                                                                        (5) by redesignating the third section 2215
                                             tion received by the eligible student and all                                                                  posed national-level actions, programs, and
                                                                                                     (relating to the Cybersecurity State Coordi-
                                             grants so received under subpart 10 before                                                                     efforts to be taken to address the risks iden-
                                                                                                     nator) (6 U.S.C. 665c) as section 2217;
                                             the effective date of this subsection.’’; and                                                                  tified;
                                                                                                        (6) by redesignating the second section 2215
                                                (2) by striking section 420R (20 U.S.C.                                                                       ‘‘(iv) identify the Federal departments or
                                                                                                     (relating to the Joint Cyber Planning Office)
                                             1070h).                                                                                                        agencies responsible for leading each na-
                                                (b) EFFECTIVE DATE.—The amendments                   (6 U.S.C. 665b) as section 2216; and
                                                                                                        (7) by adding at the end the following:             tional-level action, program, or effort and
                                             made by subsection (a) shall take effect as if                                                                 the relevant critical infrastructure sectors
                                             included in section 703 of the FAFSA Sim-               ‘‘SEC.  2220A. NATIONAL RISK MANAGEMENT
                                                                                                                  CYCLE.                                    for each; and
                                             plification Act (title VII of division FF of                                                                     ‘‘(v) request any additional authorities
                                             Public Law 116–260) and subject to the effec-             ‘‘(a) NATIONAL CRITICAL FUNCTIONS DE-
                                                                                                     FINED.—In this section, the term ‘national             necessary to successfully execute the strat-
                                             tive date of section 701(b) of such Act.                                                                       egy.
                                                (c) TRANSITION.—The Secretary shall take             critical functions’ means the functions of
                                                                                                     government and the private sector so vital               ‘‘(C) FORM.—Each strategy delivered under
                                             such steps as are necessary to transition
                                                                                                     to the United States that their disruption,            subparagraph (A) shall be unclassified, but
                                             from the Iraq and Afghanistan Service Grant
                                                                                                     corruption, or dysfunction would have a de-            may contain a classified annex.
                                             program under subpart 10 of part A of title
                                                                                                     bilitating effect on security, national eco-             ‘‘(3) CONGRESSIONAL BRIEFING.—Not later
                                             IV of the Higher Education Act of 1965 (20
                                             U.S.C. 1070h), as in effect on the day before           nomic security, national public health or              than 1 year after the date on which the
                                             the effective date of this section, and the             safety, or any combination thereof.                    President delivers a strategy under this sec-
                                             provision of Federal Pell Grants under sec-               ‘‘(b) NATIONAL RISK MANAGEMENT CYCLE.—               tion, and every year thereafter, the Sec-
                                             tion 401(c) of the Higher Education Act of                ‘‘(1) RISK IDENTIFICATION AND ASSESS-                retary, in coordination with Sector Risk
                                             1965 (20 U.S.C. 1070a(c)), as amended by the            MENT.—                                                 Management Agencies, shall brief the appro-
                                             FAFSA Simplification Act and this Act.                    ‘‘(A) IN GENERAL.—The Secretary, acting              priate committees of Congress on—
                                                                   ---                               through the Director, shall establish a recur-           ‘‘(A) the national risk management cycle
                                               SA 4726. Mr. KING (for himself, Mr.                   ring process by which to identify, assess, and         activities undertaken pursuant to the strat-
                                             ROUNDS, Mr. SASSE, Ms. ROSEN, Ms.                       prioritize risks to critical infrastructure,           egy; and
                                             HASSAN, and Mr. OSSOFF) submitted an                    considering both cyber and physical threats,             ‘‘(B) the amounts and timeline for funding
                                                                                                     the associated likelihoods, vulnerabilities,           that the Secretary has determined would be
                                             amendment intended to be proposed to
                                                                                                     and consequences, and the resources nec-               necessary to address risks and successfully
                                             amendment SA 3867 submitted by Mr.                                                                             execute the full range of activities proposed
                                                                                                     essary to address them.
                                             REED and intended to be proposed to                                                                            by the strategy.’’.
                                                                                                       ‘‘(B) CONSULTATION.—In establishing the
                                             the bill H.R. 4350, to authorize appro-                 process required under subparagraph (A), the             (b) TECHNICAL AND CONFORMING AMEND-
                                             priations for fiscal year 2022 for mili-                Secretary shall consult with, and request              MENTS.—
                                             tary activities of the Department of                    and collect information to support analysis              (1) TABLE OF CONTENTS.—The table of con-
                                             Defense, for military construction, and                 from, Sector Risk Management Agencies,                 tents in section 1(b) of the Homeland Secu-
                                             for defense activities of the Depart-                   critical infrastructure owners and operators,          rity Act of 2002 (Public Law 107–296; 116 Stat.
                                             ment of Energy, to prescribe military                   the Assistant to the President for National            2135) is amended by striking the item relat-
                                                                                                     Security Affairs, the Assistant to the Presi-          ing to section 2214 and all that follows
                                             personnel strengths for such fiscal                                                                            through the item relating to section 2217 and
                                             year, and for other purposes; which was                 dent for Homeland Security, and the Na-
                                                                                                     tional Cyber Director.                                 inserting the following:
                                             ordered to lie on the table; as follows:
                                                                                                       ‘‘(C) PUBLICATION.—Not later than 180 days           ‘‘Sec. 2214. National Asset Database.
                                              At the end, add the following:                         after the date of enactment of this section,           ‘‘Sec. 2215. Duties and authorities relating
                                             DIVISION E—DEFENSE OF UNITED STATES                     the Secretary shall publish in the Federal                             to .gov internet domain.
                                                         INFRASTRUCTURE                              Register procedures for the process estab-             ‘‘Sec. 2216. Joint Cyber Planning Office.




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                                             SEC. 5001. SHORT TITLE.                                 lished under subparagraph (A), subject to              ‘‘Sec. 2217. Cybersecurity State Coordinator.
                                               This division may be cited as the ‘‘Defense           any redactions the Secretary determines are            ‘‘Sec. 2218. Sector Risk Management Agen-
                                             of United States Infrastructure Act of 2021’’.          necessary to protect classified or other sen-                          cies.
                                             SEC. 5002. DEFINITIONS.                                 sitive information.                                    ‘‘Sec. 2219. Cybersecurity Advisory Com-
                                                In this division:                                      ‘‘(D) REPORT.—The Secretary shall submit                             mittee.
                                                (1) CRITICAL INFRASTRUCTURE.—The term                to the President, the Committee on Home-               ‘‘Sec. 2220. Cybersecurity      education    and
                                             ‘‘critical infrastructure’’ has the meaning             land Security and Governmental Affairs of                              training programs.




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8299
                                             ‘‘Sec. 2220A. National     risk   management              (2) enable cross-correlation of data on cy-            (vii) deploy analytic tools across classifica-
                                                            cycle.’’.                                bersecurity risks and cybersecurity threats            tion levels to leverage all relevant data sets,
                                               (2) ADDITIONAL TECHNICAL AMENDMENT.—                  at the speed and scale necessary for rapid de-         as appropriate;
                                               (A) AMENDMENT.—Section 904(b)(1) of the               tection and identification;                              (viii) identify tools and analytical software
                                             DOTGOV Act of 2020 (title IX of division U of             (3) facilitate a comprehensive under-                that can be applied and shared to manipu-
                                             Public Law 116–260) is amended, in the mat-             standing of cybersecurity risks and cyberse-           late, transform, and display data and other
                                             ter preceding subparagraph (A), by striking             curity threats; and                                    identified needs; and
                                             ‘‘Homeland Security Act’’ and inserting                   (4) facilitate collaborative analysis be-              (ix) anticipate the integration of new tech-
                                             ‘‘Homeland Security Act of 2002’’.                      tween the Federal Government and public                nologies and data streams, including data
                                               (B) EFFECTIVE DATE.—The amendment                     and private sector critical infrastructure en-         from government-sponsored network sensors
                                             made by subparagraph (A) shall take effect              tities and information and analysis organiza-          or network-monitoring programs deployed in
                                             as if enacted as part of the DOTGOV Act of              tions.                                                 support of non-Federal entities.
                                             2020 (title IX of division U of Public Law 116–           (c) IMPLEMENTATION OF INFORMATION COL-                 (3) ANNUAL REPORT REQUIREMENT ON THE IM-
                                             260).                                                   LABORATION ENVIRONMENT.—
                                                                                                                                                            PLEMENTATION, EXECUTION, AND EFFECTIVE-
                                             TITLE LII—IMPROVING THE ABILITY OF                        (1) EVALUATION.—Not later than 180 days
                                                                                                                                                            NESS OF THE PROGRAM.—Not later than 1 year
                                                                                                     after the date of enactment of this Act, the
                                               THE FEDERAL GOVERNMENT TO ASSIST                                                                             after the date of enactment of this Act, and
                                                                                                     Secretary, acting through the Director of
                                               IN ENHANCING CRITICAL INFRASTRUC-                                                                            every year thereafter until the date that is 1
                                                                                                     the Cybersecurity and Infrastructure Secu-
                                               TURE CYBER RESILIENCE                                                                                        year after the program under this section
                                                                                                     rity Agency, and in coordination with the
                                             SEC. 5201. INSTITUTE A 5-YEAR TERM FOR THE                                                                     terminates under subsection (g), the Sec-
                                                                                                     Secretary of Defense, the Director of Na-
                                                         DIRECTOR OF THE CYBERSECURITY
                                                                                                     tional Intelligence, and the Attorney Gen-             retary shall submit to the Committee on
                                                         AND INFRASTRUCTURE SECURITY                                                                        Homeland Security and Governmental Af-
                                                         AGENCY.                                     eral, shall—
                                                                                                       (A) identify, inventory, and evaluate exist-         fairs, the Committee on the Judiciary, the
                                               (a) IN GENERAL.—Subsection (b)(1) of sec-                                                                    Committee on Armed Services, and the Se-
                                             tion 2202 of the Homeland Security Act of               ing Federal sources of classified and unclas-
                                                                                                     sified information on cybersecurity threats;           lect Committee on Intelligence of the Senate
                                             2002 (6 U.S.C. 652), is amended by inserting                                                                   and the Committee on Homeland Security,
                                             ‘‘The term of office of an individual serving             (B) evaluate current programs, applica-
                                                                                                     tions, or platforms intended to detect, iden-          the Committee on the Judiciary, the Com-
                                             as Director shall be 5 years.’’ after ‘‘who                                                                    mittee on Armed Services, and the Perma-
                                             shall report to the Secretary.’’.                       tify, analyze, and monitor cybersecurity
                                                                                                     risks and cybersecurity threats;                       nent Select Committee on Intelligence of the
                                               (b) TRANSITION RULES.—The amendment
                                             made by subsection (a) shall take effect on               (C) consult with public and private sector           House of Representatives a report that de-
                                             the first appointment of an individual to the           critical infrastructure entities to identify           tails—
                                             position of Director of the Cybersecurity and           public and private critical infrastructure               (A) Federal Government participation in
                                             Infrastructure Security Agency, by and with             cyber threat capabilities, needs, and gaps;            the environment, including the Federal enti-
                                             the advice and consent of the Senate, that is           and                                                    ties participating in the environment and
                                             made on or after the date of enactment of                 (D) identify existing tools, capabilities,           the volume of information shared by Federal
                                             this Act.                                               and systems that may be adapted to achieve             entities into the environment;
                                             SEC. 5202. CYBER THREAT INFORMATION COL-                the purposes of the environment in order to              (B) non-Federal entities’ participation in
                                                         LABORATION ENVIRONMENT PRO-                 maximize return on investment and mini-                the environment, including the non-Federal
                                                         GRAM.                                       mize cost.                                             entities participating in the environment
                                               (a) DEFINITIONS.—In this section:                       (2) IMPLEMENTATION.—                                 and the volume of information shared by
                                               (1) CRITICAL INFRASTRUCTURE INFORMA-                    (A) IN GENERAL.—Not later than 1 year                non-Federal entities into the environment;
                                             TION.—The term ‘‘critical infrastructure in-            after completing the evaluation required                 (C) the impact of the environment on posi-
                                             formation’’ has the meaning given such term             under paragraph (1)(B), the Secretary, acting          tive security outcomes for the Federal Gov-
                                             in section 2222 of the Homeland Security Act            through the Director of the Cybersecurity              ernment and non-Federal entities;
                                             of 2002 (6 U.S.C. 671).                                 and Infrastructure Security Agency, and in               (D) barriers identified to fully realizing the
                                                (2) CYBER THREAT INDICATOR.—The term                 consultation with the Secretary of Defense,            benefit of the environment both for the Fed-
                                             ‘‘cyber threat indicator’’ has the meaning              the Director of National Intelligence, and             eral Government and non-Federal entities;
                                             given such term in section 102 of the Cyber-            the Attorney General, shall begin implemen-              (E) additional authorities or resources nec-
                                             security Act of 2015 (6 U.S.C. 1501).                   tation of the environment to enable partici-           essary to successfully execute the environ-
                                                (3) CYBERSECURITY THREAT.—The term ‘‘cy-             pants in the environment to develop and run            ment; and
                                             bersecurity threat’’ has the meaning given              analytic tools referred to in subsection (b) on          (F) identified shortcomings or risks to data
                                             such term in section 102 of the Cybersecurity           specified data sets for the purpose of identi-         security and privacy, and the steps necessary
                                             Act of 2015 (6 U.S.C. 1501).                            fying, mitigating, and preventing malicious            to improve the mitigation of the short-
                                                (4) ENVIRONMENT.—The term ‘‘environ-                 cyber activity that is a threat to public and          comings or risks.
                                             ment’’ means the information collaboration              private critical infrastructure.
                                                                                                       (B) REQUIREMENTS.—The environment and                  (d) CYBER THREAT DATA INTEROPERABILITY
                                             environment established under subsection
                                             (b).                                                    the use of analytic tools referred to in sub-          REQUIREMENTS.—
                                                (5) INFORMATION SHARING AND ANALYSIS OR-             section (b) shall—                                       (1) ESTABLISHMENT.—The Secretary, in co-
                                             GANIZATION.—The term ‘‘information sharing                (i) operate in a manner consistent with rel-         ordination with the Secretary of Defense,
                                             and analysis organization’’ has the meaning             evant privacy, civil rights, and civil liberties       the Director of National Intelligence, and
                                             given such term in section 2222 of the Home-            policies and protections, including such poli-         the Attorney General, shall identify or es-
                                             land Security Act of 2002 (6 U.S.C. 671).               cies and protections established pursuant to           tablish data interoperability requirements
                                                (6) NON-FEDERAL ENTITY.—The term ‘‘non-              section 1016 of the Intelligence Reform and            for non-Federal entities to participate in the
                                             Federal entity’’ has the meaning given such             Terrorism Prevention Act of 2004 (6 U.S.C.             environment.
                                             term in section 102 of the Cybersecurity Act            485);                                                    (2) DATA STREAMS.—The Secretary, in co-
                                             of 2015 (6 U.S.C. 1501).                                  (ii) account for appropriate data interoper-         ordination with the heads of appropriate de-
                                                (b) PROGRAM.—The Secretary, in consulta-             ability requirements;                                  partments and agencies, shall identify, des-
                                             tion with the Secretary of Defense, the Di-               (iii) enable integration of current applica-         ignate, and periodically update programs
                                             rector of National Intelligence, and the At-            tions, platforms, data, and information, in-           that shall participate in or be interoperable
                                             torney General, shall carry out a program               cluding classified information, in a manner            with the environment, which may include—
                                             under which the Secretary shall develop an              that supports the voluntary integration of               (A) network-monitoring and intrusion de-
                                             information collaboration environment con-              unclassified and classified information on             tection programs;
                                             sisting of a digital environment containing             cybersecurity     risks   and    cybersecurity           (B) cyber threat indicator sharing pro-
                                             technical tools for information analytics and           threats;                                               grams;
                                             a portal through which relevant parties may               (iv) incorporate tools to manage access to             (C) certain government-sponsored network
                                             submit and automate information inputs and              classified and unclassified data, as appro-            sensors or network-monitoring programs;
                                             access the environment in order to enable               priate;                                                  (D) incident response and cybersecurity
                                             interoperable data flow that enable Federal               (v) ensure accessibility by entities the Sec-        technical assistance programs; or
                                             and non-Federal entities to identify, miti-             retary, in consultation with the Secretary of            (E) malware forensics and reverse-engi-
                                             gate, and prevent malicious cyber activity              Defense, the Director of National Intel-               neering programs.
                                             to—                                                     ligence, and the Attorney General, deter-                (3) DATA GOVERNANCE.—The Secretary, in




dlhill on DSK120RN23PROD with SENATE
                                                (1) provide limited access to appropriate            mines appropriate;                                     coordination with the Secretary of Defense,
                                             and operationally relevant data from unclas-              (vi) allow for access by critical infrastruc-        the Director of National Intelligence, and
                                             sified and classified intelligence about cyber-         ture stakeholders and other private sector             the Attorney General, shall establish proce-
                                             security risks and cybersecurity threats, as            partners, at the discretion of the Secretary,          dures and data governance structures, as
                                             well as malware forensics and data from net-            in consultation with the Secretary of De-              necessary, to protect data shared in the envi-
                                             work sensor programs, on a platform that                fense, the Director of National Intelligence,          ronment, comply with Federal regulations
                                             enables query and analysis;                             and the Attorney General;                              and statutes, and respect existing consent




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                                             S8300                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                             agreements with private sector critical in-             pay under paragraph (2) an allowance under             tary activities of the Department of
                                             frastructure entities that apply to critical            section 5941 of title 5, United States Code, on        Defense, for military construction, and
                                             infrastructure information.                             the same basis and to the same extent as if            for defense activities of the Depart-
                                               (4) RULE OF CONSTRUCTION.—Nothing in this             the employee was an employee covered by
                                                                                                                                                            ment of Energy, to prescribe military
                                             subsection shall change existing ownership              such section, including eligibility condi-
                                             or protection of, or policies and processes for         tions, allowance rates, and all other terms            personnel strengths for such fiscal
                                             access to, agency data.                                 and conditions in law or regulation.                   year, and for other purposes; which was
                                               (e) NATIONAL SECURITY SYSTEMS.—Nothing                                                                       ordered to lie on the table; as follows:
                                             in this section shall apply to national secu-             SA 4727. Mr. SULLIVAN submitted                        At the end of subtitle E of title V, add the
                                             rity systems, as defined in section 3552 of             an amendment intended to be proposed                   following:
                                             title 44, United States Code, or to cybersecu-          to amendment SA 3867 submitted by                      SEC.   576.
                                                                                                                                                                      COUNTERING EXTREMISM IN THE
                                             rity threat intelligence related to such sys-           Mr. REED and intended to be proposed                              ARMED FORCES.
                                             tems, without the consent of the relevant               to the bill H.R. 4350, to authorize ap-                  (a) COUNTERING EXTREMISM.—
                                             element of the intelligence community, as                                                                        (1) IN GENERAL.—Title 10, United States
                                             defined in section 3 of the National Security
                                                                                                     propriations for fiscal year 2022 for
                                                                                                                                                            Code, is amended—
                                             Act of 1947 (50 U.S.C. 3003).                           military activities of the Department
                                                                                                                                                               (A) in Part II of subtitle A, by adding at
                                               (f) PROTECTION OF INTELLIGENCE SOURCES                of Defense, for military construction,                 the end the following new chapter:
                                             AND METHODS.—The Director of National In-               and for defense activities of the De-
                                                                                                                                                             ‘‘CHAPTER 89—COUNTERING EXTREMISM
                                             telligence shall ensure that any information            partment of Energy, to prescribe mili-
                                             sharing conducted under this section shall                                                                     ‘‘1801. Senior Official for Countering Extre-
                                                                                                     tary personnel strengths for such fiscal                               mism.
                                             protect intelligence sources and methods                year, and for other purposes; which was
                                             from unauthorized disclosure in accordance                                                                     ‘‘1802. Training and education.
                                                                                                     ordered to lie on the table; as follows:               ‘‘1803. Data collection and analysis.
                                             with section 102A(i) of the National Security
                                                                                                       At the end of subtitle E of title XII, add           ‘‘1804. Reporting requirements.
                                             Act (50 U.S.C. 3024(i)).
                                                                                                     the following:                                         ‘‘1805. Definitions.
                                               (g) DURATION.—The program under this
                                                                                                     SEC. 1253. DISCLOSURES REQUIRED BY UNITED              ‘‘§ 1801. Senior Official for Countering Extre-
                                             section shall terminate on the date that is 5
                                                                                                                 STATES FINANCIAL INSTITUTIONS                 mism
                                             years after the date of enactment of this                           INVESTING IN PEOPLE’S REPUBLIC
                                             Act.                                                                OF CHINA.                                     ‘‘(a) DESIGNATION.—The Secretary of De-
                                                TITLE LIII—ENABLING THE NATIONAL                       (a) IN GENERAL.—The Secretary of Defense             fense shall designate an Under Secretary of
                                                           CYBER DIRECTOR                            shall—                                                 Defense as the Senior Official for Countering
                                                                                                       (1) require any United States financial in-          Extremism.
                                             SEC. 5401. ESTABLISHMENT OF HIRING AUTHORI-
                                                          TIES FOR THE OFFICE OF THE NA-             stitution that makes an investment de-                    ‘‘(b) DUTIES.—The Senior Official shall—
                                                          TIONAL CYBER DIRECTOR.                     scribed subsection (b) to disclose the amount             ‘‘(1) coordinate and facilitate programs, re-
                                               (a) DEFINITIONS.—In this section:                     and purpose, and potential impacts on the              sources, and activities within the Depart-
                                               (1) DIRECTOR.—The term ‘‘Director’’ means             national defense, of such investments to the           ment of Defense to counter extremist activi-
                                             the National Cyber Director.                            Secretary on an annual basis; and                      ties, to include screening of publicly avail-
                                               (2) EXCEPTED SERVICE.—The term ‘‘ex-                    (2) make such disclosures available to the           able information and Insider Threat Pro-
                                             cepted service’’ has the meaning given such             public.                                                grams;
                                             term in section 2103 of title 5, United States            (b) INVESTMENTS DESCRIBED.—An invest-                   ‘‘(2) coordinate with Federal, State, and
                                             Code.                                                   ment described in this subsection is a mone-           local enforcement organizations to counter
                                               (3) OFFICE.—The term ‘‘Office’’ means the             tary investment, in an amount that exceeds             extremism within the Department of De-
                                             Office of the National Cyber Director.                  a threshold to be determined by the Sec-               fense;
                                               (4) QUALIFIED POSITION.—The term ‘‘quali-             retary, directly or indirectly—                           ‘‘(3) coordinate with the Secretary of Vet-
                                             fied position’’ means a position identified by            (1) to—                                              erans Affairs on addressing and preventing
                                             the Director under subsection (b)(1)(A), in               (A) the People’s Republic of China;                  extremist activities following an individual’s
                                             which the individual occupying such position              (B) an entity owned or controlled by the             separation from the armed forces;
                                             performs, manages, or supervises functions              Chinese Communist Party; or                               ‘‘(4) engage and interact with, and solicit
                                             that execute the responsibilities of the Of-              (C) the People’s Liberation Army; or                 recommendations from, outside experts on
                                             fice.                                                     (2) for the benefit of any key industrial            extremist activities; and
                                               (b) HIRING PLAN.—The Director shall, for              sector sponsored by the Chinese Communist                 ‘‘(5) perform any additional duties pre-
                                             purposes of carrying out the functions of the           Party.                                                 scribed by the Secretary of Defense, in con-
                                             Office—                                                   (c) CONSOLIDATED REPORT.—Not less fre-               sultation with the Secretary of Homeland
                                               (1) craft an implementation plan for posi-            quently than annually, the Secretary shall             Security.
                                             tions in the excepted service in the Office,            compile the disclosures submitted under sub-           ‘‘§ 1802. Training and education
                                             which shall propose—                                    section (a) and submit that compilation and               ‘‘(a) IN GENERAL.—The Secretary of each
                                               (A) qualified positions in the Office, as the         a summary of those disclosures to the con-             military department, in coordination with
                                             Director determines necessary to carry out              gressional defense committees.                         the Senior Official for Countering Extre-
                                             the responsibilities of the Office; and                   (d) REGULATIONS.—The Secretary shall pre-            mism, shall develop and implement training
                                               (B) subject to the requirements of para-              scribe such regulations as are necessary to            and education programs and related mate-
                                             graph (2), rates of compensation for an indi-           carry out this section, which may include—             rials to assist members of the armed forces
                                             vidual serving in a qualified position;                   (1) requirements for documents and infor-            and civilian employees of the Department of
                                               (2) propose rates of basic pay for qualified          mation to be submitted with disclosures re-            Defense in identifying, preventing, respond-
                                             positions, which shall—                                 quired under subsection (a); and                       ing to, reporting, and mitigating the risk of
                                               (A) be determined in relation to the rates              (2) procedures for the determining the               extremist activities.
                                             of pay provided for employees in comparable             amount under subsection (b).                              ‘‘(b) CONTENT.—The training and education
                                                                                                       (e) DEFINITIONS.—In this section:
                                             positions in the Office, in which the em-                                                                      described in subsection (a) shall include spe-
                                                                                                       (1) FINANCIAL INSTITUTION.—The term ‘‘fi-
                                             ployee occupying the comparable position                                                                       cific material for activities determined by
                                                                                                     nancial institution’’—
                                             performs, manages, or supervises functions                                                                     the Senior Official for Countering Extre-
                                                                                                       (A) has the meaning given that term in
                                             that execute the mission of the Office; and                                                                    mism as high risk for extremist activities,
                                                                                                     section 5312 of title 31, United States Code;
                                               (B) subject to the same limitations on                                                                       including recruitment activities and sepa-
                                                                                                     and
                                             maximum rates of pay and consistent with                                                                       rating members of the armed forces.
                                                                                                       (B) includes a private equity company,
                                             section 5341 of title 5, United States Code,                                                                      ‘‘(c) REQUIREMENTS.—The Secretary of De-
                                                                                                     venture capital company, or hedge fund.
                                             adopt such provisions of that title to provide                                                                 fense, in consultation with the Secretary of
                                                                                                       (2) UNITED STATES FINANCIAL INSTITUTION.—
                                             for prevailing rate systems of basic pay and                                                                   Homeland Security, shall provide the train-
                                                                                                     The term ‘‘United States financial institu-
                                             apply those provisions to qualified positions                                                                  ing and education described in subsection
                                                                                                     tion’’ means a financial institution orga-
                                             for employees in or under which the Office                                                                     (a)—
                                                                                                     nized under the laws of the United States or
                                             may employ individuals described by section                                                                       ‘‘(1) to a member of the armed forces, civil-
                                                                                                     of any jurisdiction within the United States,
                                             5342(a)(2)(A) of such title; and                                                                               ian employee of the Department of Defense,
                                                                                                     including a foreign branch of such an institu-
                                               (3) craft proposals to provide—                                                                              cadet at a military service academy, or an
                                                                                                     tion.
                                               (A) employees in qualified positions com-                                                                    individual in a pre-commissioning program




dlhill on DSK120RN23PROD with SENATE
                                             pensation (in addition to basic pay), includ-             SA 4728. Mr. WARNER submitted an                     no less than once a year;
                                             ing benefits, incentives, and allowances, con-                                                                    ‘‘(2) to a member of the armed forces whose
                                                                                                     amendment intended to be proposed to
                                             sistent with, and not in excess of the level                                                                   discharge (regardless of character of dis-
                                             authorized for, comparable positions author-            amendment SA 3867 submitted by Mr.                     charge) or release from active duty is antici-
                                             ized by title 5, United States Code; and                REED and intended to be proposed to                    pated as of a specific date within the time
                                               (B) employees in a qualified position for             the bill H.R. 4350, to authorize appro-                period specified under section 1142(a)(3) of
                                             which the Director proposes a rate of basic             priations for fiscal year 2022 for mili-               this title;




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                      S8301
                                                ‘‘(3) to a member of the armed forces per-              ‘‘(b) REGULATIONS.—The Secretary of De-             63(a)(2), by inserting ‘‘India,’’ before ‘‘or New
                                             forming recruitment activities within the 30            fense shall prescribe regulations regarding            Zealand’’ each place it appears;
                                             days prior to commencing such activities;               the separation of a member of the armed                  (2) in section 3(b)(2), by inserting ‘‘the Gov-
                                             and                                                     forces who engages in extremist activities.            ernment of India,’’ before ‘‘or the Govern-
                                                ‘‘(4) additionally as determined by the Sec-            ‘‘(c) DISSEMINATION OF EXTREMIST CON-               ment of New Zealand’’; and
                                             retary of Defense.                                      TENT.—The Secretary of Defense may use ex-               (3) in sections 21(h)(1)(A) and 21(h)(2), by
                                             ‘‘§ 1803. Data collection and analysis                  tremist content knowingly shared, dissemi-             inserting ‘‘India,’’ before ‘‘or Israel’’ each
                                                ‘‘(a) IN GENERAL.—The Senior Official for            nated, or otherwise made available online              place it appears.
                                             Countering Extremism shall establish and                (including on social media platforms and ac-
                                             maintain a database on extremist activities             counts) by an individual who serves in an                SA 4730. Mr. MENENDEZ (for himself
                                             in the Department of Defense.                           armed force as cause for involuntary separa-           and Mr. RISCH) submitted an amend-
                                                ‘‘(b) CONTENT.—The database established              tion of such individual from an armed force.           ment intended to be proposed to
                                             under subsection (a) shall—                                ‘‘(d) DEFINITIONS.—In this section:                 amendment SA 3867 submitted by Mr.
                                                ‘‘(1) include records on each allegation, in-           ‘‘(1) The term ‘extremist activities’ has the       REED and intended to be proposed to
                                             vestigation, disciplinary action, and separa-           meaning given such term in section 1805 of
                                                                                                     this title.
                                                                                                                                                            the bill H.R. 4350, to authorize appro-
                                             tion related to extremist activities within
                                             the Department of Defense;                                 ‘‘(2) The term ‘extremist content’ means            priations for fiscal year 2022 for mili-
                                                ‘‘(2) include, as appropriate, information           content that expresses support for extremist           tary activities of the Department of
                                             related to extremist activities in the armed            activities (as that term is defined in section         Defense, for military construction, and
                                             forces provided by or generated from infor-             1805 of this title).’’.                                for defense activities of the Depart-
                                             mation from a Federal law enforcement                      (2) CLERICAL AMENDMENTS.—                           ment of Energy, to prescribe military
                                             agency; and                                                (A) PART II OF SUBTITLE A.—The table of             personnel strengths for such fiscal
                                                ‘‘(3) any other requirements prescribed by           chapters for part II of subtitle A of title 10,        year, and for other purposes; which was
                                             the Secretary of Defense, in consultation               United States Code, is amended by inserting
                                             with the Secretary of Homeland Security.                after the item relating to chapter 88 the fol-
                                                                                                                                                            ordered to lie on the table; as follows:
                                             ‘‘§ 1804. Reporting requirements                        lowing new item:                                         At the end, add the following:
                                                ‘‘(a) ANNUAL REPORT.—Not later than De-                  ‘‘CHAPTER 89—COUNTERING EXTREMISM’’.                  DIVISION E—DEPARTMENT OF STATE
                                             cember 1 of each year, the Senior Official for                                                                        AUTHORIZATION ACT OF 2021
                                                                                                        (B) CHAPTER 39.—The table of sections at
                                             Countering Extremism shall submit to Con-                                                                      SEC. 5001. SHORT TITLE.
                                                                                                     the beginning of chapter 39 is amended by in-
                                             gress a report on the prevalence of extremist                                                                   This division may be cited as the ‘‘Depart-
                                                                                                     serting after the item relating to section 985
                                             activities within the Department of Defense.                                                                   ment of State Authorization Act of 2021’’.
                                                                                                     the following new item:
                                                ‘‘(b) ELEMENTS.—The report required by                                                                      SEC. 5002. DEFINITIONS.
                                             subsection (a) shall include each of the fol-           ‘‘986. Prohibition on extremist activities.’’.           In this division:
                                             lowing elements:                                           (b) COORDINATION OF EFFORTS WITH INSPEC-              (1) APPROPRIATE CONGRESSIONAL COMMIT-
                                                ‘‘(1) The number of extremist activity alle-         TOR GENERAL.—Section 554(a)(3) of the Wil-
                                                                                                                                                            TEES.—The term ‘‘ ‘appropriate congressional
                                             gations, investigations, disciplinary actions,          liam M. (Mac) Thornberry National Defense              committees’ ’’ means the Committee on For-
                                             and separations disaggregated data by the               Authorization Act for Fiscal Year 2021 (Pub-           eign Relations of the Senate and the Com-
                                             armed force, race, gender, ethnicity, grade,            lic Law 116–283) is amended by adding at the           mittee on Foreign Affairs of the House of
                                             and rank of the principal.                              end the following new subparagraph:                    Representatives.
                                                ‘‘(2) An analysis and assessment of trends              ‘‘(E) The Senior Official for Countering Ex-          (2) DEPARTMENT.—If not otherwise speci-
                                             in the incidence and disposition of extremist           tremism.’’.                                            fied, the term ‘‘ ‘Department’ ’’ means the
                                             activities during the year covered by the re-              (c) REGULATIONS.—Not later than 180 days            Department of State.
                                             port.                                                   after the date of the enactment of this Act,             (3) SECRETARY.—If not otherwise specified,
                                                ‘‘(3) Any other matters as determined by             the Secretary of Defense shall prescribe reg-          the term ‘‘ ‘Secretary’ ’’ means the Secretary
                                             the Senior Official for Countering Extre-               ulations under chapter 89 of title 10, United          of State.
                                             mism.                                                   States Code (including definitions under sec-
                                                                                                     tion 1805 of such title), as added by sub-             TITLE I—ORGANIZATION AND OPER-
                                                ‘‘(c) PUBLICATION.—The Secretary of De-                                                                      ATIONS OF THE DEPARTMENT OF STATE
                                             fense shall—                                            section (a).
                                                                                                        (d) EFFECTIVE DATE.—The amendments                  SEC. 5101. SENSE OF CONGRESS ON IMPORTANCE
                                                ‘‘(1) publish on an appropriate publicly
                                                                                                     made by this section shall take effect on the                       OF DEPARTMENT OF STATE’S WORK.
                                             available website of the Department of De-
                                                                                                     day that the Secretary of Defense prescribes             It is the sense of Congress that—
                                             fense the reports required by subsection (a);
                                                                                                     regulations under subsection (c).                        (1) United States global engagement is key
                                             and
                                                                                                        (e) PROGRESS REPORT.—Not later than 240             to a stable and prosperous world;
                                                ‘‘(2) ensure that any data included with
                                                                                                     days after the date of the enactment of this             (2) United States leadership is indispen-
                                             each such report is made available in a ma-
                                                                                                     Act, the Secretary of Defense shall submit to          sable in light of the many complex and inter-
                                             chine-readable format that is downloadable,
                                                                                                     the Committees on Armed Services of the                connected threats facing the United States
                                             searchable, and sortable.
                                                                                                     Senate and House of Representatives a re-              and the world;
                                             ‘‘§ 1805. Definitions                                                                                            (3) diplomacy and development are critical
                                                                                                     port on the status of the implementation of
                                                ‘‘The following definitions apply in this                                                                   tools of national power, and full deployment
                                                                                                     chapter 89 of title 10, United States Code, as
                                             chapter:                                                                                                       of these tools is vital to United States na-
                                                                                                     added by subsection (a)(1)(A), and the imple-
                                                ‘‘(1) The term ‘extremist activities’ shall—                                                                tional security;
                                                                                                     mentation of section 986 of such title, as
                                                ‘‘(A) have the meaning prescribed by the                                                                      (4) challenges such as the global refugee
                                                                                                     added by subsection (a)(1)(B).
                                             Secretary of Defense; and                                                                                      and migration crises, terrorism, historic
                                                ‘‘(B) include membership in an extremist                                                                    famine and food insecurity, and fragile or re-
                                             organization.
                                                                                                       SA 4729. Mr. WARNER submitted an
                                                                                                     amendment intended to be proposed to                   pressive societies cannot be addressed with-
                                                ‘‘(2) The term ‘extremist insider threat’                                                                   out sustained and robust United States dip-
                                             means a member of the armed forces or civil-            amendment SA 3867 submitted by Mr.                     lomatic and development leadership;
                                             ian employee of the Department of Defense               REED and intended to be proposed to                      (5) the United States Government must use
                                             with access to government information, sys-             the bill H.R. 4350, to authorize appro-                all of the instruments of national security
                                             tems, or facilities, who—                               priations for fiscal year 2022 for mili-               and foreign policy at its disposal to protect
                                                ‘‘(A) can use such access to do harm to the          tary activities of the Department of                   United States citizens, promote United
                                             security of the United States; and                      Defense, for military construction, and                States interests and values, and support
                                                ‘‘(B) engages in extremist activities.                                                                      global stability and prosperity;
                                                ‘‘(3) The term ‘extremist organization’
                                                                                                     for defense activities of the Depart-
                                                                                                     ment of Energy, to prescribe military                    (6) United States security and prosperity
                                             shall have the meaning prescribed by the                                                                       depend on having partners and allies that
                                             Secretary of Defense.                                   personnel strengths for such fiscal                    share our interests and values, and these
                                                ‘‘(4) The term ‘principal’ means a member            year, and for other purposes; which was                partnerships are nurtured and our shared in-
                                             of the armed forces or civilian employee of             ordered to lie on the table; as follows:               terests and values are promoted through
                                             the Department of Defense who engages in                  At the end of subtitle E of title XII, add           United States diplomatic engagement, secu-
                                             an extremist activity, or aids, abets, coun-            the following:                                         rity cooperation, economic statecraft, and
                                             sels, commands, or procures its commis-                 SEC. 1253. ELIGIBILITY FOR FOREIGN MILITARY            assistance that helps further economic de-




dlhill on DSK120RN23PROD with SENATE
                                             sion.’’; and                                                        SALES AND EXPORT STATUS UNDER              velopment, good governance, including the
                                                (B) in chapter 39, by inserting after section                    ARMS EXPORT CONTROL ACT.                   rule of law and democratic institutions, and
                                             985 the following new section:                            The Arms Export Control Act (22 U.S.C.               the development of shared responses to nat-
                                             ‘‘§ 986. Prohibition on extremist activities            2751 et seq.) is amended—                              ural and humanitarian disasters;
                                                ‘‘(a) PROHIBITION.—An individual who en-               (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i),             (7) as the United States Government agen-
                                             gages in extremist activities may not serve             3(d)(5), 21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6),    cies primarily charged with conducting di-
                                             as a member of the armed forces.                        36(c)(2)(A), 36(c)(5), 36(d)(2)(A), 62(c)(1), and      plomacy and development, the Department




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                                             S8302                                             CONGRESSIONAL RECORD — SENATE                                                      November 16, 2021
                                             and the United States Agency for Inter-                   ‘‘(iv) Ensuring the inclusion of human                SEC. 5103. BUREAU OF CONSULAR AFFAIRS; BU-
                                             national Development (USAID) require sus-               rights and women’s participation issues in                          REAU OF POPULATION, REFUGEES,
                                                                                                                                                                         AND MIGRATION.
                                             tained and robust funding to carry out this             law enforcement programs, in consultation
                                             important work, which is essential to our                                                                         Section 1 of the State Department Basic
                                                                                                     with the Assistant Secretary for Democracy,
                                             ability to project United States leadership                                                                     Authorities Act of 1956 (22 U.S.C. 2651a) is
                                                                                                     Human Rights, and Labor, and other senior
                                             and values and to advance United States in-                                                                     amended—
                                                                                                     officials in regional and thematic bureaus                (1) by redesignating subsection (g) as sub-
                                             terests around the world;                               and offices.
                                               (8) the work of the Department and USAID                                                                      section (j); and
                                                                                                       ‘‘(v) Combating, in conjunction with other              (2) by inserting after subsection (f) the fol-
                                             makes the United States and the world safer             relevant bureaus of the Department of State
                                             and more prosperous by alleviating global                                                                       lowing new subsections:
                                                                                                     and other United States Government agen-                  ‘‘(g) BUREAU OF CONSULAR AFFAIRS.—There
                                             poverty and hunger, fighting HIV/AIDS and
                                                                                                     cies, all forms of transnational organized              is in the Department of State the Bureau of
                                             other infectious diseases, strengthening alli-
                                                                                                     crime, including human trafficking, illicit             Consular Affairs, which shall be headed by
                                             ances, expanding educational opportunities
                                             for women and girls, promoting good govern-             trafficking in arms, wildlife, and cultural             the Assistant Secretary of State for Con-
                                             ance and democracy, supporting anti-corrup-             property, migrant smuggling, corruption,                sular Affairs.
                                                                                                     money laundering, the illicit smuggling of                ‘‘(h) BUREAU OF POPULATION, REFUGEES,
                                             tion efforts, driving economic development
                                                                                                     bulk cash, the licit use of financial systems           AND MIGRATION.—There is in the Department
                                             and trade, preventing armed conflicts and
                                                                                                     for malign purposes, and other new and                  of State the Bureau of Population, Refugees,
                                             humanitarian crises, and creating American
                                                                                                     emerging forms of crime.                                and Migration, which shall be headed by the
                                             jobs and export opportunities;
                                                                                                       ‘‘(vi) Identifying and responding to global           Assistant Secretary of State for Population,
                                               (9) the Department and USAID are vital
                                                                                                                                                             Refugees, and Migration.’’.
                                             national security agencies, whose work is               corruption, including strengthening the ca-
                                                                                                                                                             SEC.   5104.   OFFICE OF INTERNATIONAL      DIS-
                                             critical to the projection of United States             pacity of foreign government institutions re-                          ABILITY RIGHTS.
                                             power and leadership worldwide, and without             sponsible for addressing financial crimes and             (a) ESTABLISHMENT.—There should be es-
                                             which Americans would be less safe, United              engaging with multilateral organizations re-            tablished in the Department of State an Of-
                                             States economic power would be diminished,              sponsible for monitoring and supporting for-            fice of International Disability Rights (re-
                                             and global stability and prosperity would               eign governments’ anti-corruption efforts.              ferred to in this section as the ‘‘Office’’).
                                             suffer;                                                   ‘‘(C) ADDITIONAL DUTIES.—In addition to                 (b) DUTIES.—The Office should—
                                               (10) investing in diplomacy and develop-              the responsibilities specified in subparagraph            (1) seek to ensure that all United States
                                             ment before conflicts break out saves Amer-             (B), the Assistant Secretary for Inter-                 foreign operations are accessible to, and in-
                                             ican lives while also being cost-effective; and         national Narcotics and Law Enforcement Af-              clusive of, persons with disabilities;
                                               (11) the contributions of personnel working                                                                     (2) promote the human rights and full par-
                                                                                                     fairs shall also—
                                             at the Department and USAID are extraor-                                                                        ticipation in international development ac-
                                                                                                       ‘‘(i) carry out timely and substantive con-
                                             dinarily valuable and allow the United                                                                          tivities of all persons with disabilities;
                                                                                                     sultation with chiefs of mission and, as ap-
                                             States to maintain its leadership around the                                                                      (3) promote disability inclusive practices
                                             world.                                                  propriate, the heads of other United States
                                                                                                     Government agencies to ensure effective co-             and the training of Department of State staff
                                             SEC. 5102. ASSISTANT SECRETARY FOR INTER-                                                                       on soliciting quality programs that are fully
                                                         NATIONAL NARCOTICS AND LAW EN-
                                                                                                     ordination of all international narcotics and
                                                                                                     law enforcement programs carried out over-              inclusive of people with disabilities;
                                                         FORCEMENT AFFAIRS.
                                                                                                     seas by the Department and such other agen-               (4) represent the United States in diplo-
                                               (a) IN GENERAL.—Section 1(c) of the State                                                                     matic and multilateral fora on matters rel-
                                             Department Basic Authorities Act of 1956 (22            cies;
                                                                                                                                                             evant to the rights of persons with disabil-
                                             U.S.C. 2651a(c)) is amended—                              ‘‘(ii) coordinate with the Office of National
                                                                                                                                                             ities, and work to raise the profile of dis-
                                               (1) by redesignating paragraphs (3) and (4)           Drug Control Policy to ensure lessons                   ability across a broader range of organiza-
                                             as paragraphs (4) and (5); and                          learned from other United States Govern-                tions contributing to international develop-
                                               (2) by inserting after paragraph (2) the fol-         ment agencies are available to the Bureau of            ment efforts;
                                             lowing new paragraph:                                   International Narcotics and Law Enforce-                  (5) conduct regular consultation with civil
                                               ‘‘(3) ASSISTANT SECRETARY FOR INTER-                  ment Affairs of the Department;                         society organizations working to advance
                                             NATIONAL NARCOTICS AND LAW ENFORCEMENT                    ‘‘(iii) develop standard requirements for             international disability rights and empower
                                             AFFAIRS.—                                               monitoring and evaluation of Bureau pro-                persons with disabilities internationally;
                                               ‘‘(A) IN GENERAL.—There is authorized to              grams, including metrics for success that do              (6) consult with other relevant offices at
                                             be in the Department of State an Assistant              not rely solely on the amounts of illegal               the Department that are responsible for
                                             Secretary for International Narcotics and               drugs that are produced or seized;                      drafting     annual     reports    documenting
                                             Law Enforcement Affairs, who shall be re-                 ‘‘(iv) in coordination with the Secretary of          progress on human rights, including, wher-
                                             sponsible to the Secretary of State for all             State, annually certify in writing to the               ever applicable, references to instances of
                                             matters, programs, and related activities               Committee on Foreign Relations of the Sen-              discrimination, prejudice, or abuses of per-
                                             pertaining to international narcotics, anti-            ate that United States and the Committee                sons with disabilities;
                                             crime, and law enforcement affairs in the               on Foreign Affairs of the House of Represent-             (7) advise the Bureau of Human Resources
                                             conduct of foreign policy by the Department,            atives enforcement personnel posted abroad              or its equivalent within the Department re-
                                             including, as appropriate, leading the coordi-          whose activities are funded to any extent by            garding the hiring and recruitment and over-
                                             nation of programs carried out by United                the Bureau of International Narcotics and               seas practices of civil service employees and
                                             States Government agencies abroad, and                  Law Enforcement Affairs are complying with              Foreign Service officers with disabilities and
                                             such other related duties as the Secretary              section 207 of the Foreign Service Act of 1980          their family members with chronic medical
                                             may from time to time designate.                                                                                conditions or disabilities; and
                                                                                                     (22 U.S.C. 3927); and
                                               ‘‘(B) AREAS OF RESPONSIBILITY.—The As-                                                                          (8) carry out such other relevant duties as
                                                                                                       ‘‘(v) carry out such other relevant duties
                                             sistant Secretary for International Narcotics                                                                   the Secretary of State may assign.
                                                                                                     as the Secretary may assign.
                                             and Law Enforcement Affairs shall maintain                                                                        (c) SUPERVISION.—The Office may be head-
                                             continuous observation and coordination of                ‘‘(D) RULE OF CONSTRUCTION.—Nothing in
                                                                                                                                                             ed by—
                                             all matters pertaining to international nar-            this paragraph may be construed to limit or
                                                                                                                                                               (1) a senior advisor to the appropriate As-
                                             cotics, anti-crime, and law enforcement af-             impair the authority or responsibility of any           sistant Secretary of State; or
                                             fairs in the conduct of foreign policy, includ-         other Federal agency with respect to law en-              (2) an officer exercising significant author-
                                             ing programs carried out by other United                forcement, domestic security operations, or             ity who reports to the President or Sec-
                                             States Government agencies when such pro-               intelligence activities as defined in Execu-            retary of State, appointed by and with the
                                             grams pertain to the following matters:                 tive Order 12333.’’.                                    advice and consent of the Senate.
                                               ‘‘(i) Combating international narcotics                    (b)   MODIFICATION      OF   ANNUAL       INTER-     (d) CONSULTATION.—The Secretary of State
                                             production and trafficking.                             NATIONAL NARCOTICS CONTROL STRATEGY RE-                 should direct Ambassadors at Large, Rep-
                                               ‘‘(ii) Strengthening foreign justice sys-             PORT.—Subsection    (a) of section 489 of the           resentatives, Special Envoys, and coordina-
                                             tems, including judicial and prosecutorial                                                                      tors working on human rights to consult
                                                                                                     Foreign Assistance Act of 1961 (22 U.S.C.
                                             capacity, appeals systems, law enforcement                                                                      with the Office to promote the human rights
                                             agencies, prison systems, and the sharing of            2291h) is amended by inserting after para-              and full participation in international devel-
                                             recovered assets.                                       graph (9) the following new paragraph:                  opment activities of all persons with disabil-
                                               ‘‘(iii) Training and equipping foreign po-              ‘‘(10) A separate section that contains an            ities.




dlhill on DSK120RN23PROD with SENATE
                                             lice, border control, other government offi-            identification of all United States Govern-             SEC. 5105. SPECIAL APPOINTMENT AUTHORITY.
                                             cials, and other civilian law enforcement au-           ment-supported units funded by the Bureau                 Section 1 of the State Department Basic
                                             thorities for anti-crime purposes, including            of International Narcotics and Law Enforce-             Authorities Act of 1956 (22 U.S.C. 2651a), as
                                             ensuring that no foreign security unit or               ment Affairs and any Bureau-funded oper-                amended by section 5103 of this Act, is fur-
                                             member of such unit shall receive such as-              ations by such units in which United States             ther amended by inserting after subsection
                                             sistance from the United States Government              law enforcement personnel have been phys-               (h) the following new subsection:
                                             absent appropriate vetting.                             ically present.’’.                                        ‘‘(i) SPECIAL APPOINTMENTS.—




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                      S8303
                                               ‘‘(1) POSITIONS EXERCISING SIGNIFICANT AU-            tification on the necessity of such extension,         priate congressional committees a report
                                             THORITY.—The President may, by and with                 including the dates with respect to which              that lists all of the Government Account-
                                             the advice and consent of the Senate, ap-               such title will continue to be held and the            ability Office’s recommendations relating to
                                             point an individual as a Special Envoy, Spe-            justification for not submitting such title to         the Department that have not been fully im-
                                             cial Representative, Special Coordinator,               the Senate as a nomination for advice and              plemented.
                                             Special Negotiator, Envoy, Representative,              consent.                                                 (b) COMPTROLLER GENERAL REPORT.—Not
                                             Coordinator, Special Advisor, or other posi-              ‘‘(5) EXEMPTION.—Paragraphs (1) through              later than 30 days after the Secretary sub-
                                             tion performing a similar function, regard-             (4) shall not apply to a Special Envoy, Spe-           mits the report under subsection (a), the
                                             less of title, at the Department of State ex-           cial Representative, Special Coordinator,              Comptroller General of the United States
                                             ercising significant authority pursuant to              Special Negotiator, Envoy, Representative,             shall submit to the appropriate congres-
                                             the laws of the United States. Except as pro-           Coordinator, Special Advisor, or other per-            sional committees a report that identifies
                                             vided in paragraph (3) or in clause 3, section          son performing a similar function, regardless          any discrepancies between the list of rec-
                                             2, article II of the Constitution (relating to          of title, at the Department of State if the po-        ommendations included in such report and
                                             recess appointments), an individual may not             sition is expressly mandated by statute.               the Government Accountability Office’s list
                                             be designated as a Special Envoy, Special                 ‘‘(6) EFFECTIVE DATE.—This subsection                of outstanding recommendations for the De-
                                             Representative, Special Coordinator, Special            shall apply to appointments made on or after           partment.
                                             Negotiator, Envoy, Representative, Coordi-              January 3, 2023.’’.                                      (c) IMPLEMENTATION REPORT.—
                                             nator, Special Advisor, or other position per-          SEC. 5106. REPEAL OF AUTHORITY FOR SPECIAL               (1) IN GENERAL.—Not later than 120 days
                                             forming a similar function, regardless of                           REPRESENTATIVE AND POLICY CO-              after the date of the submission of the Comp-
                                             title, at the Department exercising signifi-                        ORDINATOR FOR BURMA.                       troller General’s report under subsection (b),
                                             cant authority pursuant to the laws of the                Section 7 of the Tom Lantos Block Bur-               the Secretary shall submit to the appro-
                                             United States without the advice and con-               mese Jade (Junta’s Anti-Democratic Efforts)            priate congressional committees a report
                                             sent of the Senate.                                     Act of 2008 (Public Law 110–286; 50 U.S.C. 1701        that describes the implementation status of
                                               ‘‘(2) POSITIONS NOT EXERCISING SIGNIFICANT            note) relating to the establishment of a Spe-          each recommendation from the Government
                                             AUTHORITY.—The President or Secretary of                cial Representative and Policy Coordinator             Accountability Office included in the report
                                             State may appoint any Special Envoy, Spe-               for Burma) is hereby repealed.                         submitted under subsection (a).
                                             cial Representative, Special Coordinator,               SEC. 5107. ANTI-PIRACY INFORMATION SHARING.              (2) JUSTIFICATION.—The report under para-
                                             Special Negotiator, Special Envoy, Rep-                   The Secretary is authorized to provide for           graph (1) shall include—
                                             resentative, Coordinator, Special Advisor, or                                                                    (A) a detailed justification for each deci-
                                                                                                     the participation by the United States in the
                                             other position performing a similar function,                                                                  sion not to fully implement a recommenda-
                                                                                                     Information Sharing Centre located in
                                             regardless of title, at the Department of                                                                      tion or to implement a recommendation in a
                                                                                                     Singapore, as established by the Regional
                                             State not exercising significant authority                                                                     different manner than specified by the Gov-
                                                                                                     Cooperation Agreement on Combating Pi-
                                             pursuant to the laws of the United States                                                                      ernment Accountability Office;
                                                                                                     racy and Armed Robbery against Ships in
                                             without the advice and consent of the Sen-                                                                       (B) a timeline for the full implementation
                                                                                                     Asia (ReCAAP).
                                             ate, if the President or Secretary, not later                                                                  of any recommendation the Secretary has
                                                                                                     SEC. 5108. IMPORTANCE OF FOREIGN AFFAIRS
                                             than 15 days before the appointment of a per-                                                                  decided to adopt, but has not yet fully imple-
                                                                                                                 TRAINING TO NATIONAL SECURITY.
                                             son to such a position, submits to the appro-                                                                  mented; and
                                             priate congressional committees a notifica-               It is the sense of Congress that—
                                                                                                       (1) the Department is a crucial national se-           (C) an explanation for any discrepancies
                                             tion that includes the following:                                                                              included in the Comptroller General report
                                               ‘‘(A) A certification that the position does          curity agency, whose employees, both For-
                                                                                                     eign and Civil Service, require the best pos-          submitted under subsection (b).
                                             not require the exercise of significant au-                                                                      (d) FORM.—The information required in
                                             thority pursuant to the laws of the United              sible training at every stage of their careers
                                                                                                     to prepare them to promote and defend                  each report under this section shall be sub-
                                             States.                                                                                                        mitted in unclassified form, to the maximum
                                               ‘‘(B) A description of the duties and pur-            United States national interests and the
                                                                                                     health and safety of United States citizens            extent practicable, but may be included in a
                                             pose of the position.                                                                                          classified annex to the extent necessary.
                                               ‘‘(C) The rationale for giving the specific           abroad;
                                                                                                       (2) the Secretary should explore estab-              SEC. 5111. EXTENSION OF PERIOD FOR REIM-
                                             title and function to the position.                                                                                        BURSEMENT OF FISHERMEN FOR
                                               ‘‘(3) LIMITED EXCEPTION FOR TEMPORARY AP-             lishing a ‘‘training float’’ requiring that a                      COSTS INCURRED FROM THE ILLE-
                                             POINTMENTS EXERCISING SIGNIFICANT AUTHOR-               certain percentage of the Foreign Service                          GAL SEIZURE AND DETENTION OF
                                             ITY.—The President may maintain or estab-               shall be in long-term training at any given                        U.S.-FLAG FISHING VESSELS BY FOR-
                                             lish a position with the title of Special               time;                                                              EIGN GOVERNMENTS.
                                             Envoy, Special Representative, Special Coor-              (3) the Department’s Foreign Service Insti-            (a) IN GENERAL.—Subsection (e) of section
                                             dinator, Special Negotiator, Envoy, Rep-                tute should seek to substantially increase its         7 of the Fishermen’s Protective Act of 1967
                                             resentative, Coordinator, Special Advisor, or           educational and training offerings to Depart-          (22 U.S.C. 1977) is amended to read as follows:
                                             other position performing a similar function,           ment personnel, including developing new                 ‘‘(e) AMOUNTS.—Payments may be made
                                             regardless of title, at the Department of               and innovative educational and training                under this section only to such extent and in
                                             State exercising significant authority pursu-           courses, methods, programs, and opportuni-             such amounts as are provided in advance in
                                             ant to the laws of the United States for not            ties; and                                              appropriation Acts.’’.
                                             longer than 180 days if the Secretary of                  (4) consistent with existing Department                (b) RETROACTIVE APPLICABILITY.—
                                             State, not later than 15 days after the ap-             gift acceptance authority and other applica-             (1) EFFECTIVE DATE.—The amendment
                                             pointment of a person to such a position, or            ble laws, the Department and Foreign Serv-             made by subsection (a) shall take effect on
                                             30 days after the date of the enactment of              ice Institute may accept funds and other re-           the date of the enactment of this Act and
                                             this subsection, whichever is earlier, submits          sources from foundations, not-for-profit cor-          apply as if the date specified in subsection
                                             to the Committee on Foreign Relations of                porations, and other appropriate sources to            (e) of section 7 of the Fishermen’s Protective
                                             the Senate and the Committee on Foreign                 help the Department and the Institute ac-              Act of 1967, as in effect on the day before the
                                             Affairs of the House of Representatives a no-           complish the goals specified in paragraph (3).         date of the enactment of this Act, were the
                                             tification that includes the following:                 SEC. 5109. CLASSIFICATION AND ASSIGNMENT OF            day after such date of enactment.
                                               ‘‘(A) The necessity for conferring such title                      FOREIGN SERVICE OFFICERS.                   (2) AGREEMENTS AND PAYMENTS.—The Sec-
                                             and function.                                             The Foreign Service Act of 1980 is amend-            retary is authorized to—
                                               ‘‘(B) The dates during which such title and           ed—                                                      (A) enter into agreements pursuant to sec-
                                             function will be held.                                    (1) in section 501 (22 U.S.C. 3981), by insert-      tion 7 of the Fishermen’s Protective Act of
                                               ‘‘(C) The justification for not submitting            ing ‘‘If a position designated under this sec-         1967 for any claims to which such section
                                             the proposed conferral of such title and func-          tion is unfilled for more than 365 calendar            would otherwise apply but for the date speci-
                                             tion to the Senate as a nomination for ad-              days, such position may be filled, as appro-           fied in subsection (e) of such section, as in ef-
                                             vice and consent to appointment.                        priate, on a temporary basis, in accordance            fect on the day before the date of the enact-
                                               ‘‘(D) All relevant information concerning             with section 309.’’ after ‘‘Positions des-             ment of this Act; and
                                             any potential conflict of interest which the            ignated under this section are excepted from             (B) make payments in accordance with
                                             proposed recipient of such title and function           the competitive service.’’; and                        agreements entered into pursuant to such
                                             may have with regard to the appointment.                  (2) in paragraph (2) of section 502(a) (22           section if any such payments have not been
                                               ‘‘(4) RENEWAL OF TEMPORARY APPOINT-                   U.S.C. 3982(a)), by inserting ‘‘, or domesti-          made as a result of the expiration of the date
                                             MENT.—The President may renew for one pe-               cally, in a position working on issues relat-          specified in such section, as in effect on the




dlhill on DSK120RN23PROD with SENATE
                                             riod not to exceed 180 days any position                ing to a particular country or geographic              day before the date of the enactment of this
                                             maintained or established under paragraph               area,’’ after ‘‘geographic area’’.                     Act.
                                             (3) if the President, not later than 15 days be-        SEC. 5110. REPORTING ON IMPLEMENTATION OF              SEC. 5112. ART IN EMBASSIES.
                                             fore issuing such renewal, submits to the                           GAO RECOMMENDATIONS.                         (a) IN GENERAL.—No funds are authorized
                                             Committee on Foreign Relations of the Sen-                (a) INITIAL REPORT.—Not later than 120               to be appropriated for the purchase of any
                                             ate and the Committee on Foreign Affairs of             days after the date of the enactment of this           piece of art for the purposes of installation
                                             the House of Representatives a detailed jus-            Act, the Secretary shall submit to the appro-          or display in any embassy, consulate, or




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                                             S8304                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                             other foreign mission of the United States if              (2) For each such report, a citation to the         section and every 180 days thereafter until
                                             the purchase price of such piece of art is in           provision of law under which the report is re-         the date that is 4 years after such date of en-
                                             excess of $50,000, unless such purchase is sub-         quired to be submitted.                                actment, the Secretary shall submit to the
                                             ject to prior consultation with, and the reg-              (3) The reporting frequency of each such            appropriate congressional committees and
                                             ular notification procedures of, the appro-             report.                                                the Committees on Appropriations of the
                                             priate congressional committees.                           (4) The estimated cost of each report, to in-       Senate and the House of Representatives a
                                                (b) REPORT.—Not later than 90 days after             clude personnel time costs.                            comprehensive report regarding all ongoing
                                             the date of the enactment of this Act, the                 (d) COVERED REPORTS.—A report described             overseas capital construction projects and
                                             Secretary shall submit to the appropriate               in this subsection is a recurring report that          major embassy security upgrade projects.
                                             congressional committees and the Commit-                is required to be submitted to Congress by               ‘‘(b) CONTENTS.—Each report required
                                             tees on Appropriations of the Senate and the            the Department of State or the United                  under subsection (a) shall include the fol-
                                             House of Representatives a report on the                States Agency for International Develop-               lowing with respect to each ongoing overseas
                                             costs of the Art in Embassies Program for               ment, or by any officer, official, component,          capital construction project and major em-
                                             each of fiscal years 2012, 2013, and 2014.              or element of each entity.                             bassy security upgrade project:
                                                (c) SUNSET.—This section shall terminate                (e) APPROPRIATE CONGRESSIONAL COMMIT-                 ‘‘(1) The initial cost estimate as specified
                                             on the date that is 2 years after the date of           TEES DEFINED.—In this section, the term                in the proposed allocation of capital con-
                                             the enactment of this Act.                              ‘‘appropriate    congressional    committees’’         struction and maintenance funds required by
                                                (d) DEFINITION.—In this section, the term            means the Committee on Foreign Relations               the Committees on Appropriations for Acts
                                             ‘‘art’’ includes paintings, sculptures, photo-          of the Senate and the Committee on Foreign             making appropriations for the Department
                                             graphs, industrial design, and craft art.               Affairs of the House of Representatives and            of State, foreign operations, and related pro-
                                             SEC. 5113. AMENDMENT OR REPEAL OF REPORT-               the Committees on Appropriations of the                grams.
                                                         ING REQUIREMENTS.                                                                                    ‘‘(2) The current cost estimate.
                                                                                                     Senate and the House of Representatives.
                                               (a) BURMA.—                                                                                                    ‘‘(3) The value of each request for equitable
                                                                                                          TITLE II—EMBASSY CONSTRUCTION
                                               (1) IN GENERAL.—Section 570 of Public Law                                                                    adjustment received by the Department to
                                             104–208 is amended—                                     SEC. 5201. EMBASSY SECURITY, CONSTRUCTION,
                                                                                                                 AND MAINTENANCE.
                                                                                                                                                            date.
                                                (A) by amending subsection (c) to read as                                                                     ‘‘(4) The value of each certified claim re-
                                             follows:                                                  For ‘‘Embassy Security, Construction, and
                                                                                                                                                            ceived by the Department to date.
                                                ‘‘(c) MULTILATERAL STRATEGY.—The Presi-              Maintenance’’, there is authorized to be ap-
                                                                                                                                                              ‘‘(5) The value of any usage of the project’s
                                             dent shall develop, in coordination with                propriated $1,975,449,000 for fiscal year 2022.
                                                                                                                                                            contingency fund to date and the value of
                                             likeminded countries, a comprehensive, mul-             SEC. 5202. STANDARD DESIGN IN CAPITAL CON-
                                                                                                                                                            the remainder of the project’s contingency
                                             tilateral strategy to—                                              STRUCTION.
                                                                                                                                                            fund.
                                                ‘‘(1) assist Burma in addressing corrosive             (a) SENSE OF CONGRESS.—It is the sense of
                                                                                                                                                              ‘‘(6) An enumerated list of each request for
                                             malign influence of the People’s Republic of            Congress that the Department’s Bureau of
                                                                                                                                                            adjustment and certified claim that remains
                                             China; and                                              Overseas Building Operations (OBO) or suc-
                                                                                                                                                            outstanding or unresolved.
                                                ‘‘(2) support a return to democratic govern-         cessor office should give appropriate consid-
                                                                                                                                                              ‘‘(7) An enumerated list of each request for
                                             ance, and support constitutional, economic,             eration to standardization in construction,
                                                                                                                                                            equitable adjustment and certified claim
                                             and security sector reforms in Burma de-                in which each new United States embassy
                                                                                                                                                            that has been fully adjudicated or that the
                                             signed to—                                              and consulate starts with a standard design
                                                                                                                                                            Department has settled, and the final dollar
                                                ‘‘(A) advance democratic development and             and keeps customization to a minimum.
                                                                                                                                                            amount of each adjudication or settlement.
                                             improve human rights practices and the                     (b) CONSULTATION.—The Secretary shall
                                                                                                                                                              ‘‘(8) The date of estimated completion
                                             quality of life; and                                    carry out any new United States embassy
                                                                                                                                                            specified in the proposed allocation of cap-
                                                ‘‘(B) promote genuine national reconcili-            compound or new consulate compound
                                                                                                                                                            ital construction and maintenance funds re-
                                             ation.’’; and                                           project that utilizes a non-standard design,
                                                                                                                                                            quired by the Committees on Appropriations
                                                (B) in subsection (d)—                               including those projects that are in the de-
                                                                                                                                                            not later than 45 days after the date of the
                                                (i) in the matter preceding paragraph (1),           sign or pre-design phase as of the date of the
                                                                                                                                                            enactment of an Act making appropriations
                                             by striking ‘‘six months’’ and inserting                enactment of this Act, only in consultation
                                                                                                                                                            for the Department of State, foreign oper-
                                             ‘‘year’’;                                               with the appropriate congressional commit-
                                                                                                                                                            ations, and related programs.
                                                (ii) by redesignating paragraph (3) as para-         tees. The Secretary shall provide the appro-
                                                                                                                                                              ‘‘(9) The current date of estimated comple-
                                             graph (7); and                                          priate congressional committees, for each
                                                                                                                                                            tion.’’.
                                                (iii) by inserting after paragraph (2) the           such project, the following documentation:
                                                                                                                                                            SEC. 5204. CONTRACTOR PERFORMANCE INFOR-
                                             following new paragraphs:                                  (1) A comparison of the estimated full                          MATION.
                                                ‘‘(3) improvements in human rights prac-             lifecycle costs of the project to the esti-              (a) DEADLINE FOR COMPLETION.—The Sec-
                                             tices;                                                  mated full lifecycle costs of such project if it       retary shall complete all contractor per-
                                                ‘‘(4) progress toward broad-based and inclu-         were to use a standard design.                         formance evaluations outstanding as of the
                                             sive economic growth; and                                  (2) A comparison of the estimated comple-           date of the enactment of this Act required by
                                                ‘‘(5) progress toward genuine national rec-          tion date of such project to the estimated             subpart 42.15 of the Federal Acquisition Reg-
                                             onciliation.’’.                                         completion date of such project if it were to          ulation for those contractors engaged in con-
                                                (2) EFFECTIVE DATE.—The amendments                   use a standard design.                                 struction of new embassy or new consulate
                                             made by paragraph (1) shall take effect on                 (3) A comparison of the security of the             compounds by April 1, 2022.
                                             the date of the enactment of this Act and               completed project to the security of such                (b) PRIORITIZATION SYSTEM.—
                                             apply with respect to the first report re-              completed project if it were to use a stand-             (1) IN GENERAL.—Not later than 90 days
                                             quired under subsection (d) of section 570 of           ard design.                                            after the date of the enactment of this Act,
                                             Public Law 104–208 that is required after the              (4) A justification for the Secretary’s selec-      the Secretary shall develop a prioritization
                                             date of the enactment of this Act.                      tion of a non-standard design over a standard          system for clearing the current backlog of
                                                (b) REPEALS.—The following provisions of             design for such project.                               required evaluations referred to in sub-
                                             law are hereby repealed:                                   (5) A written explanation if any of the doc-        section (a).
                                                (1) Subsection (b) of section 804 of Public          umentation necessary to support the com-                 (2) ELEMENTS.—The system required under
                                             Law 101–246.                                            parisons and justification, as the case may            paragraph (1) should prioritize the evalua-
                                                (2) Section 6 of Public Law 104–45.                  be, described in paragraphs (1) through (4)            tions as follows:
                                                (3) Subsection (c) of section 702 of Public          cannot be provided.                                      (A) Project completion evaluations should
                                             Law 96–465 (22 U.S.C. 4022).                               (c) SUNSET.—The consultation requirement            be prioritized over annual evaluations.
                                                (4) Section 404 of the Arms Control and              under subsection (b) shall expire on the date            (B) Evaluations for relatively large con-
                                             Disarmament Act (22 U.S.C. 2593b).                      that is 4 years after the date of the enact-           tracts should have priority.
                                                (5) Section 5 of Public Law 94–304 (22 U.S.C.        ment of this Act.                                        (C) Evaluations that would be particularly
                                             3005).                                                  SEC.   5203.    CAPITAL CONSTRUCTION         TRANS-    informative for the awarding of government
                                                (6) Subsection (b) of section 502 of the                            PARENCY.                                contracts should have priority.
                                             International Security and Development Co-                Section 118 of the Department of State Au-             (c) BRIEFING.—Not later than 90 days after
                                             operation Act of 1985 (22 U.S.C. 2349aa–7).             thorities Act, Fiscal Year 2017 (22 U.S.C. 304)        the date of the enactment of this Act, the
                                                (c) REPORT TO CONGRESS.—Not later than               is amended—                                            Secretary of State shall brief the appro-
                                             180 days after the date of the enactment of               (1) in the section heading , by striking ‘‘AN-       priate congressional committees on the De-
                                             this Act, the Secretary of State and the Ad-            NUAL REPORT ON EMBASSY CONSTRUCTION                    partment’s plan for completing all evalua-




dlhill on DSK120RN23PROD with SENATE
                                             ministrator of the United States Agency for             COSTS’’ and inserting ‘‘BIANNUAL REPORT ON             tions by April 1, 2022, in accordance with sub-
                                             International Development shall submit to               OVERSEAS CAPITAL CONSTRUCTION PROJECTS’’;              section (a) and the prioritization system de-
                                             the appropriate congressional committees a              and                                                    veloped pursuant to subsection (b).
                                             report that includes each of the following:               (2) by striking subsections (a) and (b) and            (d) SENSE OF CONGRESS.—It is the sense of
                                                (1) A list of all reports described in sub-          inserting the following new subsections:               Congress that—
                                             section (d) required to be submitted by their             ‘‘(a) IN GENERAL.—Not later than 180 days              (1) contractors deciding whether to bid on
                                             respective agency.                                      after the date of the enactment of this sub-           Department contracts would benefit from




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                      S8305
                                             greater understanding of the Department as              ical diplomatic presence and with which the             (c) REPORTING AND BRIEFING REQUIRE-
                                             a client; and                                           United States maintains diplomatic rela-               MENTS.—The Secretary shall provide to the
                                               (2) the Department should develop a forum             tions. Such report, which may include a clas-          appropriate congressional committees upon
                                             where contractors can comment on the De-                sified annex, shall include the following:             request—
                                             partment’s project management perform-                    (A) A description of the extent to which               (1) a description of each risk management
                                             ance.                                                   each small diplomatic post furthers the na-            study referred to in subsection (a)(2) and a
                                             SEC. 5205. GROWTH PROJECTIONS FOR NEW EM-               tional interest of the United States.                  table detailing which recommendations re-
                                                         BASSIES AND CONSULATES.                       (B) A description of how each small diplo-           lated to each such study were accepted and
                                               (a) IN GENERAL.—For each new United                   matic post provides American Citizen Serv-             which were rejected; and
                                             States embassy compound (NEC) and new                   ices, including data on specific services pro-           (2) a report or briefing detailing the ration-
                                             consulate compound project (NCC) in or not              vided and the number of Americans receiving            ale for not implementing any such rec-
                                             yet in the design phase as of the date of the           services over the previous year.                       ommendations that may otherwise yield sig-
                                             enactment of this Act, the Department shall               (C) A description of whether each small              nificant cost savings to the Department if
                                             project growth over the estimated life of the           diplomatic post meets current security re-             implemented.
                                             facility using all available and relevant data,         quirements.                                            SEC. 5208. BUSINESS VOLUME.
                                             including the following:                                  (D) A description of the full financial cost           Section 402(c)(2)(E) of the Omnibus Diplo-
                                               (1) Relevant historical trends for Depart-            of maintaining each small diplomatic post.             matic Security and Antiterrorism Act of 1986
                                             ment personnel and personnel from other                   (E) Input from the relevant chiefs of mis-           (22 U.S.C. 4852(c)(2)(E)) is amended by strik-
                                             agencies represented at the NEC or NCC that             sion on any unique operational or policy               ing ‘‘in 3 years’’ and inserting ‘‘cumulatively
                                             is to be constructed.                                   value the small diplomatic post provides.              over 3 years’’.
                                               (2) An analysis of the tradeoffs between                (F) A recommendation of whether any                  SEC. 5209. EMBASSY SECURITY REQUESTS AND
                                             risk and the needs of United States Govern-             small diplomatic posts should be closed.                           DEFICIENCIES.
                                             ment policy conducted as part of the most                 (3) UPDATED INFORMATION.—The annual up-                The Secretary of State shall provide to the
                                             recent Vital Presence Validation Process, if            dates of each of the plans developed pursuant          appropriate congressional committees, the
                                             applicable.                                             to paragraph (1) shall highlight any changes           Committee on Armed Services of the House
                                               (3) Reasonable assumptions about the stra-            from the previous year’s plan to the ordering          of Representatives, and the Committee on
                                             tegic importance of the NEC or NCC, as the              of construction and maintenance projects.              Armed Services of the Senate upon request
                                             case may be, over the life of the building at             (b) REPORTING REQUIREMENTS.—                         information on physical security deficiencies
                                                                                                       (1) SUBMISSION OF PLANS TO CONGRESS.—Not             at United States diplomatic posts, including
                                             issue.
                                                                                                     later than 60 days after the completion of             relating to the following:
                                               (4) Any other data that would be helpful in
                                                                                                     each plan required under subsection (a), the             (1) Requests made over the previous year
                                             projecting the future growth of NEC or NCC.
                                                                                                     Secretary shall submit the plans to the ap-            by United States diplomatic posts for secu-
                                               (b) OTHER FEDERAL AGENCIES.—The head of
                                                                                                     propriate congressional committees and the             rity upgrades.
                                             each Federal agency represented at a United
                                                                                                     Committees on Appropriations of the Senate               (2) Significant security deficiencies at
                                             States embassy or consulate shall provide to
                                                                                                     and the House of Representatives.                      United States diplomatic posts that are not
                                             the Secretary, upon request, growth projec-
                                                                                                       (2) REFERENCE IN BUDGET JUSTIFICATION MA-            operating out of a new embassy compound or
                                             tions for the personnel of each such agency
                                                                                                     TERIALS.—In the budget justification mate-
                                                                                                                                                            new consulate compound.
                                             over the estimated life of each embassy or
                                                                                                                                                            SEC. 5210. OVERSEAS SECURITY BRIEFINGS.
                                             consulate, as the case may be.                          rials submitted to the appropriate congres-
                                               (c) BASIS FOR ESTIMATES.—The Department               sional committees in support of the Depart-              Not later than one year after the date of
                                             shall base its growth assumption for all                ment’s budget for any fiscal year (as sub-             the enactment of this Act, the Secretary of
                                                                                                     mitted with the budget of the President                State shall revise the Foreign Affairs Man-
                                             NECs and NCCs on the estimates required
                                                                                                                                                            ual to stipulate that information on the cur-
                                             under subsections (a) and (b).                          under section 1105(a) of title 31, United
                                                                                                                                                            rent threat environment shall be provided to
                                               (d)   CONGRESSIONAL      NOTIFICATION.—Any            States Code), the plans required under sub-
                                                                                                                                                            all United States Government employees
                                             congressional notification of site selection            section (a) shall be referenced to justify
                                                                                                                                                            under chief of mission authority traveling to
                                             for a NEC or NCC submitted after the date of            funding requested for building and mainte-
                                                                                                                                                            a foreign country on official business. To the
                                             the enactment of this Act shall include the             nance projects overseas.                               extent practicable, such material shall be
                                             growth assumption used pursuant to sub-                   (3) FORM OF REPORT.—Each report required             provided to such employees prior to their ar-
                                             section (c).                                            under paragraph (1) shall be submitted in un-          rival at a United States diplomatic post or
                                             SEC. 5206. LONG-RANGE PLANNING PROCESS.                 classified form but may include a classified           as soon as possible thereafter.
                                               (a) PLANS REQUIRED.—                                  annex.                                                 SEC. 5211. CONTRACTING METHODS IN CAPITAL
                                               (1) IN GENERAL.—Not later than 180 days                 (c) SMALL DIPLOMATIC POST DEFINED.—In                            CONSTRUCTION.
                                             after the date of the enactment of this Act,            this section, the term ‘‘small diplomatic                (a) DELIVERY.—Unless the Secretary of
                                             and annually thereafter for the next five               post’’ means any United States embassy or              State notifies the appropriate congressional
                                             years as the Secretary of State considers ap-           consulate that has employed five or fewer              committees that the use of the design-build
                                             propriate, the Secretary shall develop—                 United States Government employees or con-             project delivery method would not be appro-
                                               (A) a comprehensive 6-year plan docu-                 tractors on average over the 36 months prior           priate, the Secretary shall make use of such
                                             menting the Department’s overseas building              to the date of the enactment of this Act.              method at United States diplomatic posts
                                             program for the replacement of overseas dip-            SEC. 5207. VALUE ENGINEERING AND RISK AS-              that have not yet received design or capital
                                             lomatic posts taking into account security                          SESSMENT.                                  construction contracts as of the date of the
                                             factors under the Secure Embassy Construc-                (a) FINDINGS.—Congress makes the fol-                enactment of this Act.
                                             tion and Counterterrorism Act of 1999 and               lowing findings:                                         (b) NOTIFICATION.—Before executing a con-
                                             other relevant statutes and regulations, as               (1) Federal departments and agencies are             tract for a delivery method other than de-
                                             well as occupational safety and health fac-             required to use value engineering (VE) as a            sign-build in accordance with subsection (a),
                                             tors pursuant to the Occupational Safety                management tool, where appropriate, to re-             the Secretary of State shall notify the ap-
                                             and Health Act of 1970 and other relevant               duce program and acquisition costs pursuant            propriate congressional committees in writ-
                                             statutes and regulations, including environ-            to OMB Circular A–131, Value Engineering,              ing of the decision, including the reasons
                                             mental factors such as indoor air quality               dated December 31, 2013.                               therefor. The notification required by this
                                             that impact employee health and safety; and               (2) OBO has a Policy Directive and Stand-            subsection may be included in any other re-
                                                                                                     ard Operation Procedure, dated May 24, 2017,           port regarding a new United States diplo-
                                               (B) a comprehensive 6-year plan detailing
                                                                                                                                                            matic post that is required to be submitted
                                             the Department’s long-term planning for the             on conducting risk management studies on
                                                                                                                                                            to the appropriate congressional commit-
                                             maintenance and sustainment of completed                all international construction projects.
                                                                                                                                                            tees.
                                             diplomatic posts, which takes into account                (b) NOTIFICATION REQUIREMENTS.—                        (c) PERFORMANCE EVALUATION.—Not later
                                             security factors under the Secure Embassy                 (1) SUBMISSION TO AUTHORIZING COMMIT-                than 180 days after the date of the enactment
                                             Construction and Counterterrorism Act of                TEES.—Any operating plan that includes the             of this Act, the Secretary of State shall re-
                                             1999 and other relevant statutes and regula-            allocation of capital construction and main-           port to the appropriate congressional com-
                                             tions, as well as occupational safety and               tenance funds shall be submitted to the Com-           mittees regarding performance evaluation
                                             health factors pursuant to the Occupational             mittee on Foreign Relations of the Senate              measures in accordance with GAO’s ‘‘Stand-
                                             Safety and Health Act of 1970 and other rel-            and the Committee on Foreign Affairs of the            ards for Internal Control in the Federal Gov-
                                             evant statutes and regulations, including en-           House of Representatives.                              ernment’’ that will be applicable to design
                                             vironmental factors such as indoor air qual-              (2) REQUIREMENT TO CONFIRM COMPLETION                and construction, lifecycle cost, and building




dlhill on DSK120RN23PROD with SENATE
                                             ity that impact employee health and safety.             OF VALUE ENGINEERING AND RISK ASSESSMENT               maintenance programs of the Bureau of
                                               (2) INITIAL REPORT.—The first plan devel-             STUDIES.—The notifications required under              Overseas Building Operations of the Depart-
                                             oped pursuant to paragraph (1)(A) shall also            paragraph (1) shall include confirmation that          ment.
                                             include a one-time status report on existing            the Department has completed the requisite             SEC.   5212.   COMPETITION   IN   EMBASSY   CON-
                                             small diplomatic posts and a strategy for es-           VE and risk management process described                              STRUCTION.
                                             tablishing a physical diplomatic presence in            in subsection (a), or applicable successor               Not later than 45 days after the date of the
                                             countries in which there is no current phys-            process.                                               enactment of this Act, the Secretary of




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                                             S8306                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                             State shall submit to the appropriate con-              ing which allowances are shared or based on              ‘‘(3) MAXIMUM ANNUAL AMOUNT.—The total
                                             gressional committee and the Committees                 the same regulations;                                  amount of grants made pursuant to this sub-
                                             on Appropriations of the Senate and the                   (F) recommend options for restructuring              section may not exceed $500,000 in any fiscal
                                             House of Representatives a report detailing             allowances to improve the efficiency of the            year.’’.
                                             steps the Department of State is taking to              assignments system and better align FSO in-            SEC. 5304. TRAVEL FOR SEPARATED FAMILIES.
                                             expand the embassy construction contractor              centives with the needs of the Foreign Serv-             Section 901(15) of the Foreign Service Act
                                             base in order to increase competition and               ice, including any cost savings associated             of 1980 (22 U.S.C. 4081(15)) is amended—
                                             maximize value.                                         with such restructuring;                                 (1) in the matter preceding subparagraph
                                             SEC. 5213. STATEMENT OF POLICY.                           (G) recommend any statutory changes nec-             (A), by striking ‘‘1 round-trip per year for
                                               It is the policy of the United States that            essary to implement subparagraph (F), such             each child below age 21 of a member of the
                                             the Bureau of Overseas Building Operations              as consolidating existing legal authorities            Service assigned abroad’’ and inserting ‘‘in
                                             of the Department or its successor office               for the provision of hardship and danger pay;          the case of one or more children below age 21
                                             shall continue to balance functionality and             and                                                    of a member of the Service assigned abroad,
                                             security with accessibility, as defined by                (H) detail any effects of recommendations            1 round-trip per year’’;
                                             guidelines established by the United States             made pursuant to subparagraphs (F) and (G)               (2) in subparagraph (A)—
                                             Access Board in constructing embassies and              on other United States Government depart-                (A) by inserting ‘‘for each child’’ before ‘‘to
                                             consulates, and shall ensure compliance with            ments and agencies with civilian employees             visit the member abroad’’; and
                                             the Architectural Barriers Act of 1968 (42              permanently assigned or on temporary duty                (B) by striking ‘‘; or’’ and inserting a
                                             U.S.C. 4151 et seq.) to the fullest extent pos-         in foreign areas, following consultation with          comma;
                                             sible.                                                  such departments and agencies.                           (3) in subparagraph (B)—
                                                                                                       (b) BRIEFING REQUIREMENT.—Before initi-                (A) by inserting ‘‘for each child’’ before ‘‘to
                                             SEC. 5214. DEFINITIONS.
                                                                                                     ating the analysis required under subsection
                                               In this title:                                                                                               visit the other parent’’; and
                                                                                                     (a)(1), and not later than 60 days after the
                                               (1) DESIGN-BUILD.—The term ‘‘design-                                                                           (B) by inserting ‘‘or’’ after ‘‘resides,’’;
                                                                                                     date of the enactment of this Act, the Sec-
                                             build’’ means a method of project delivery in                                                                    (4) by inserting after subparagraph (B) the
                                                                                                     retary shall provide to the Committee on
                                             which one entity works under a single con-              Foreign Relations of the Senate and the                following new subparagraph:
                                             tract with the Department to provide design             Committee on Foreign Affairs in the House                ‘‘(C) for one of the child’s parents to visit
                                             and construction services.                              of Representatives a briefing on the imple-            the child or children abroad if the child or
                                               (2) NON-STANDARD DESIGN.—The term ‘‘non-              mentation of this section that includes the            children do not regularly reside with that
                                             standard design’’ means a design for a new              following:                                             parent and that parent is not receiving an
                                             embassy compound project or new consulate                 (1) The name of the federally funded re-             education allowance or educational travel
                                             compound project that does not utilize a                search and development center that will con-           allowance for the child or children under sec-
                                             standardized design for the structural, spa-            duct such analysis.                                    tion 5924(4) of title 5, United States Code,’’;
                                             tial, or security requirements of such em-                (2) The scope of such analysis and terms of          and
                                             bassy compound or consulate compound, as                reference for such analysis as specified be-             (5) in the matter following subparagraph
                                             the case may be.                                        tween the Department and such federally                (C), as added by paragraph (4) of this section,
                                                    TITLE III—PERSONNEL ISSUES                       funded research and development center.                by striking ‘‘a payment’’ and inserting ‘‘the
                                             SEC. 5301. DEFENSE BASE ACT INSURANCE WAIV-               (c) AVAILABILITY OF INFORMATION.—                    cost of round-trip travel’’.
                                                         ERS.                                          (1) IN GENERAL.—The Secretary shall make             SEC. 5305. HOME LEAVE TRAVEL FOR SEPARATED
                                               (a) APPLICATION FOR WAIVERS.—Not later                available to the federally-funded research                         FAMILIES.
                                             than 30 days after the date of the enactment            and development center carrying out the                  Section 903(b) of the Foreign Service Act of
                                             of this Act, the Secretary shall apply to the           analysis required under subsection (a)(1) all          1980 (22 U.S.C. 4083(b)) is amended by adding
                                             Department of Labor for a waiver from in-               necessary and relevant information to allow            at the end the following new sentence: ‘‘In
                                             surance requirements under the Defense                  such center to conduct such analysis in a              cases in which a member of the Service has
                                             Base Act (42 U.S.C. 1651 et seq.) for all coun-         quantitative and analytical manner, includ-            official orders to an unaccompanied post and
                                             tries with respect to which the requirement             ing historical data on the number of bids for          in which the family members of the member
                                             was waived prior to January 2017, and for               each foreign assignment and any survey data            reside apart from the member at authorized
                                             which there is not currently a waiver.                  collected by the Department from eligible              locations outside the United States, the
                                               (b) CERTIFICATION REQUIREMENT.—Not later              bidders on their bid decision-making.                  member may take the leave ordered under
                                             than 45 days after the date of the enactment              (2) COOPERATION.—The Secretary shall                 this section where that member’s family
                                             of this Act, the Secretary shall certify to the         work with the heads of other relevant United           members reside, notwithstanding section
                                             appropriate congressional committees that               States Government departments and agen-                6305 of title 5, United States Code.’’.
                                             the requirement in subsection (a) has been              cies to ensure such departments and agencies           SEC. 5306. SENSE OF CONGRESS REGARDING
                                             met.                                                    provide all necessary and relevant informa-                       CERTAIN FELLOWSHIP PROGRAMS.
                                             SEC. 5302. STUDY ON FOREIGN SERVICE ALLOW-              tion to the federally-funded research and de-            It is the sense of Congress that Depart-
                                                         ANCES.                                      velopment center carrying out the analysis             ment fellowships that promote the employ-
                                               (a) REPORT REQUIRED.—                                 required under subsection (a)(1).                      ment of candidates belonging to under-rep-
                                               (1) IN GENERAL.—Not later than one year                 (d) INTERIM REPORT TO CONGRESS.—The                  resented groups, including the Charles B.
                                             after date of the enactment of this Act, the            Secretary shall require that the chief execu-          Rangel International Affairs Graduate Fel-
                                             Secretary shall submit to the appropriate               tive officer of the federally-funded research          lowship Program, the Thomas R. Pickering
                                             congressional committees a report detailing             and development center that carries out the            Foreign Affairs Fellowship Program, and the
                                                                                                     analysis required under subsection (a)(1) sub-         Donald M. Payne International Development
                                             an empirical analysis on the effect of over-
                                                                                                     mit to the Committee on Foreign Relations              Fellowship Program, represent smart invest-
                                             seas allowances on the foreign assignment of
                                                                                                     of the Senate and the Committee on Foreign             ments vital for building a strong, capable,
                                             Foreign Service officers (FSOs), to be con-
                                                                                                     Affairs of the House of Representatives an             and representative national security work-
                                             ducted by a federally-funded research and de-
                                                                                                     interim report on such analysis not later              force.
                                             velopment center with appropriate expertise             than 180 days after the date of the enactment
                                             in labor economics and military compensa-                                                                      SEC. 5307. TECHNICAL CORRECTION.
                                                                                                     of this Act.
                                             tion.                                                                                                             Subparagraph (A) of section 601(c)(6) of the
                                                                                                     SEC. 5303. SCIENCE AND TECHNOLOGY FELLOW-
                                               (2) CONTENTS.—The analysis required under                         SHIPS.
                                                                                                                                                            Foreign Service Act of 1980 (22 U.S.C.
                                             paragraph (1) shall—                                      Section 504 of the Foreign Relations Au-             4001(c)(6)) is amended, in the matter pre-
                                               (A) identify all allowances paid to FSOs as-          thorization Act, Fiscal Year 1979 (22 U.S.C.           ceding clause (i), by—
                                             signed permanently or on temporary duty to              2656d) is amended by adding at the end the                (1) striking ‘‘promotion’’ and inserting
                                             foreign areas;                                          following new subsection:                              ‘‘promotion, on or after January 1, 2017,’’;
                                               (B) examine the efficiency of the Foreign               ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS              and
                                             Service bidding system in determining for-              RELATED TO SCIENCE AND TECHNOLOGY FEL-                    (2) striking ‘‘individual joining the Service
                                             eign assignments;                                       LOWSHIP PROGRAMS.—                                     on or after January 1, 2017,’’ and inserting
                                               (C) examine the factors that incentivize                ‘‘(1) IN GENERAL.—The Secretary is author-           ‘‘Foreign Service officer, appointed under
                                             FSOs to bid on particular assignments, in-              ized to make grants or enter into coopera-             section 302(a)(1), who has general responsi-
                                             cluding danger levels and hardship condi-               tive agreements related to Department of               bility for carrying out the functions of the
                                             tions;                                                  State science and technology fellowship pro-           Service’’.
                                               (D) examine the Department’s strategy and             grams, including for assistance in recruiting          SEC. 5308. FOREIGN SERVICE AWARDS.




dlhill on DSK120RN23PROD with SENATE
                                             process for incentivizing FSOs to bid on as-            fellows and the payment of stipends, travel,             (a) IN GENERAL.—Section 614 of the Foreign
                                             signments that are historically in lower de-            and other appropriate expenses to fellows.             Service Act of 1980 (22 U.S.C. 4013) is amend-
                                             mand, including with monetary compensa-                   ‘‘(2) EXCLUSION FROM CONSIDERATION AS                ed—
                                             tion, and whether monetary compensation is              COMPENSATION.—Stipends under paragraph                   (1) by amending the section heading to
                                             necessary for assignments in higher demand;             (1) shall not be considered compensation for           read as follows: ‘‘DEPARTMENT AWARDS’’; and
                                               (E) make any relevant comparisons to                  purposes of section 209 of title 18, United              (2) in the first sentence, by inserting ‘‘or
                                             military compensation and allowances, not-              States Code.                                           Civil Service’’ after ‘‘the Service’’.




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                      S8307
                                               (b) CONFORMING AMENDMENT.—The item re-                the appeal process it makes available to em-            the Secretary shall submit to the appro-
                                             lating to section 614 in the table of contents          ployees related to assignment preclusions               priate congressional committees and the
                                             of the Foreign Service Act of 1980 is amended           and restrictions.                                       Committees on Appropriations of the Senate
                                             to read as follows:                                       (b) APPEAL OF ASSIGNMENT RESTRICTION OR               and the House of Representatives a com-
                                             ‘‘Sec. 614. Department awards.’’.                       PRECLUSION.—Subsection (a) of section 414 of            prehensive 5-year strategic staffing plan for
                                             SEC. 5309. DIPLOMATIC PROGRAMS.                         the Department of State Authorities Act,                the Department that is aligned with and fur-
                                                                                                     Fiscal Year 2017 (22 U.S.C. 2734c(a)) is amend-         thers the objectives of the National Security
                                               (a) SENSE OF CONGRESS ON WORKFORCE RE-
                                                                                                     ed by adding at the end the following new               Strategy of the United States of America
                                             CRUITMENT.—It is the sense of Congress that
                                                                                                     sentences: ‘‘Such right and process shall en-           issued in December 2017, or any subsequent
                                             the Secretary should continue to hold entry-                                                                    strategy issued not later than 18 months
                                             level classes for Foreign Service officers and          sure that any employee subjected to an as-
                                                                                                     signment restriction or preclusion shall have           after the date of the enactment of this Act,
                                             specialists and continue to recruit civil serv-                                                                 which shall include the following:
                                             ants through programs such as the Presi-                the same appeal rights as provided by the
                                                                                                     Department regarding denial or revocation                 (1) A dataset displaying comprehensive
                                             dential Management Fellows Program and                                                                          workforce data, including all shortages in
                                             Pathways Internship Programs in a manner                of a security clearance. Any such appeal
                                                                                                     shall be resolved not later than 60 days after          bureaus described in GAO report GAO–19–220,
                                             and at a frequency consistent with prior                                                                        for all current and planned employees of the
                                             years and consistent with the need to main-             such appeal is filed.’’.
                                                                                                       (c) NOTICE AND CERTIFICATION.—Not later               Department, disaggregated by—
                                             tain a pool of experienced personnel effec-                                                                       (A) Foreign Service officer and Foreign
                                                                                                     than 90 days after the date of the enactment
                                             tively distributed across skill codes and                                                                       Service specialist rank;
                                                                                                     of this Act, the Secretary shall revise, and
                                             ranks. It is further the sense of Congress                                                                        (B) civil service job skill code, grade level,
                                                                                                     certify to the Committee on Foreign Rela-
                                             that absent continuous recruitment and                                                                          and bureau of assignment;
                                                                                                     tions of the Senate and the Committee on
                                             training of Foreign Service officers and civil                                                                    (C) contracted employees, including the
                                                                                                     Foreign Affairs of the House of Representa-
                                             servants, the Department will lack experi-                                                                      equivalent job skill code and bureau of as-
                                                                                                     tives regarding such revision, the Foreign
                                             enced, qualified personnel in the short, me-                                                                    signment; and
                                                                                                     Affairs Manual guidance regarding denial or
                                             dium, and long terms.                                                                                             (D) employees hired under schedule C of
                                                                                                     revocation of a security clearance to ex-
                                               (b) LIMITATION.—The Secretary should not
                                                                                                     pressly state that all review and appeal                subpart C of part 213 of title 5, Code of Fed-
                                             implement any reduction-in-force action
                                                                                                     rights relating thereto shall also apply to             eral Regulations, including the equivalent
                                             under section 3502 or 3595 of title 5, United
                                                                                                     any recommendation or decision to impose                grade and job skill code and bureau of as-
                                             States Code, or for any incentive payments
                                                                                                     an assignment restriction or preclusion to an           signment of such employee.
                                             for early separation or retirement under any
                                                                                                     employee.                                                 (2) Recommendations on the number of
                                             other provision of law unless—
                                                                                                     SEC. 5312. RECALL AND REEMPLOYMENT OF CA-               Foreign Service officers disaggregated by
                                               (1) the appropriate congressional commit-                         REER MEMBERS.                               service cone that should be posted at each
                                             tees are notified not less than 15 days in ad-
                                                                                                       (a) SENSE OF CONGRESS.—It is the sense of             United States diplomatic post and in the
                                             vance of such obligation or expenditure; and
                                                                                                     Congress that—                                          District of Columbia, with a detailed basis
                                               (2) the Secretary has provided to the ap-
                                                                                                         (1) career Department employees provide             for such recommendations.
                                             propriate congressional committees a de-
                                                                                                     invaluable service to the United States as                (3) Recommendations on the number of
                                             tailed report that describes the Depart-
                                                                                                     nonpartisan professionals who contribute                civil service officers that should be employed
                                             ment’s strategic staffing goals, including—
                                                                                                     subject matter expertise and professional               by the Department, with a detailed basis for
                                               (A) a justification that describes how any
                                                                                                     skills to the successful development and exe-           such recommendations.
                                             proposed workforce reduction enhances the                                                                         (b) MAINTENANCE.—The dataset required
                                                                                                     cution of United States foreign policy; and
                                             effectiveness of the Department;                                                                                under subsection (a)(1) shall be maintained
                                                                                                         (2) reemployment of skilled former mem-
                                               (B) a certification that such workforce re-                                                                   and updated on a regular basis.
                                                                                                     bers of the Foreign and civil service who
                                             duction is in the national interest of the                                                                        (c) CONSULTATION.—The Secretary shall
                                                                                                     have voluntarily separated from the Foreign
                                             United States;                                                                                                  lead the development of the plan required
                                                                                                     or civil service due to family reasons or to
                                               (C) a comprehensive strategic staffing plan                                                                   under subsection (a) but may consult or
                                                                                                     obtain professional skills outside govern-
                                             for the Department, including 5-year work-                                                                      partner with private sector entities with ex-
                                                                                                     ment is of benefit to the Department.
                                             force forecasting and a description of the an-              (b) NOTICE OF EMPLOYMENT OPPORTUNI-                 pertise in labor economics, management, or
                                             ticipated impact of any proposed workforce              TIES.—Title 5, United States Code, is amend-            human resources, as well as organizations fa-
                                             reduction; and                                          ed by inserting after chapter 102 the fol-              miliar with the demands and needs of the De-
                                               (D) a dataset displaying comprehensive                lowing new chapter:                                     partment’s workforce.
                                             workforce data for all current and planned                                                                        (d) REPORT.—Not later than 120 days after
                                                                                                       ‘‘CHAPTER 103—DEPARTMENT OF STATE
                                             employees of the Department, disaggregated                                                                      the date of the enactment of this Act, the
                                             by—                                                     ‘‘Sec.                                                  Secretary of State shall submit to the appro-
                                               (i) Foreign Service officer and Foreign               ‘‘10301. Notice of employment opportunities             priate congressional committees a report re-
                                             Service specialist rank;                                               for Department of State and              garding root causes of Foreign Service and
                                               (ii) civil service job skill code, grade level,                      USAID positions.                         civil service shortages, the effect of such
                                                                                                     ‘‘10302. Consulting services for the Depart-            shortages on national security objectives,
                                             and bureau of assignment;
                                                                                                                    ment of State.                           and the Department’s plan to implement rec-
                                               (iii) contracted employees, including the
                                             equivalent job skill code and bureau of as-             ‘‘§ 10301. Notice of employment opportunities           ommendations described in GAO–19–220.
                                             signment; and                                               for Department of State and USAID posi-             SEC. 5314. CONSULTING SERVICES.
                                               (iv) employees hired under schedule C of                  tions                                                  Chapter 103 of title 5, United States Code,
                                             subpart C of part 213 of title 5, Code of Fed-              ‘‘To ensure that individuals who have sepa-         as added by section 5312, is amended by add-
                                             eral Regulations, including their equivalent            rated from the Department of State or the               ing at the end the following:
                                             grade and job skill code and bureau of as-              United States Agency for International De-              ‘‘§ 10302. Consulting services for the Depart-
                                             signment.                                               velopment and who are eligible for re-                     ment of State
                                             SEC. 5310. SENSE OF CONGRESS REGARDING VET-             appointment are aware of such opportuni-                   ‘‘Any consulting service obtained by the
                                                          ERANS EMPLOYMENT AT THE DE-                ties, the Department of State and the United            Department of State through procurement
                                                          PARTMENT OF STATE.                         States Agency for International Develop-                contract pursuant to section 3109 of title 5,
                                               It is the sense of Congress that—                     ment shall publicize notice of all employ-              United States Code, shall be limited to those
                                               (1) the Department should continue to pro-            ment opportunities, including positions for             contracts with respect to which expenditures
                                             mote the employment of veterans, in accord-             which the relevant agency is accepting appli-           are a matter of public record and available
                                             ance with section 301 of the Foreign Service            cations from individuals within the agency’s            for public inspection, except if otherwise
                                             Act of 1980 (22 U.S.C. 3941), as amended by             workforce under merit promotion proce-                  provided under existing law, or under exist-
                                             section 5406 of this Act, including those vet-          dures, on publicly accessible sites, including          ing Executive order issued pursuant to exist-
                                             erans belonging to traditionally underrep-              www.usajobs.gov. If using merit promotion               ing law.’’.
                                             resented groups at the Department;                      procedures, the notice shall expressly state            SEC. 5315. INCENTIVES FOR CRITICAL POSTS.
                                               (2) veterans employed by the Department               that former employees eligible for reinstate-             Section 1115(d) of the Supplemental Appro-
                                             have made significant contributions to                  ment may apply.’’.                                      priations Act, 2009 (Public Law 111–32) is
                                             United States foreign policy in a variety of                (c) CLERICAL AMENDMENT.—The table of                amended by striking the last sentence.
                                             regional and global affairs bureaus and diplo-          chapters at the beginning of title 5, United            SEC. 5316. EXTENSION OF AUTHORITY FOR CER-
                                             matic posts overseas; and                               States Code, is amended by inserting after                          TAIN   ACCOUNTABILITY  REVIEW




dlhill on DSK120RN23PROD with SENATE
                                               (3) the Department should continue to en-             the item relating to chapter 102 the fol-                           BOARDS.
                                             courage veteran employment and facilitate               lowing:                                                   Section 301(a)(3) of the Omnibus Diplo-
                                             their participation in the workforce.                   ‘‘103. Department of State .................10301.’’.   matic Security and Antiterrorism Act of 1986
                                             SEC. 5311. EMPLOYEE ASSIGNMENT RESTRIC-                 SEC. 5313. STRATEGIC STAFFING PLAN FOR THE              (22 U.S.C. 4831(a)(3)) is amended—
                                                        TIONS AND PRECLUSIONS.                                   DEPARTMENT OF STATE.                          (1) in the heading, by striking ‘‘AFGHANI-
                                               (a) SENSE OF CONGRESS.—It is the sense of               (a) IN GENERAL.—Not later than 18 months              STAN AND’’ and inserting ‘‘AFGHANISTAN,
                                             Congress that the Department should expand              after the date of the enactment of this Act,            YEMEN, SYRIA, AND’’; and




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                                             S8308                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                               (2) in subparagraph (A)—                              onstrated job performance and qualifying ex-           TITLE IV—A DIVERSE WORKFORCE: RE-
                                               (A) in clause (i), by striking ‘‘Afghanistan          perience. With respect to each waiver grant-             CRUITMENT, RETENTION, AND PRO-
                                             or’’ and inserting ‘‘Afghanistan, Yemen,                ed under this subsection, the Secretary shall            MOTION
                                             Syria, or’’; and                                        set forth in a written document that is                SEC. 5401. DEFINITIONS.
                                               (B) in clause (ii), by striking ‘‘beginning on        transmitted to the Director of the Office of             In this title:
                                             October 1, 2005, and ending on September 30,            Personnel Management the rationale for the               (1) APPLICANT FLOW DATA.—The term ‘‘ap-
                                             2009’’ and inserting ‘‘beginning on October 1,          decision of the Secretary to waive such re-            plicant flow data’’ means data that tracks
                                             2020, and ending on September 30, 2022’’.               quirements.                                            the rate of applications for job positions
                                             SEC. 5317. FOREIGN SERVICE SUSPENSION WITH-             SEC. 5320. APPOINTMENT OF EMPLOYEES TO THE             among demographic categories.
                                                         OUT PAY.                                                 GLOBAL ENGAGEMENT CENTER.                   (2) DEMOGRAPHIC DATA.—The term ‘‘demo-
                                               Subsection (c) of section 610 of the Foreign                                                                 graphic data’’ means facts or statistics relat-
                                             Service Act of 1980 (22 U.S.C. 4010) is amend-            The Secretary may appoint, for a 3-year
                                                                                                     period that may be extended for up to an ad-           ing to the demographic categories specified
                                             ed—                                                                                                            in the Office of Management and Budget sta-
                                               (1) in paragraph (1), in the matter pre-              ditional 2 years, solely to carry out the func-
                                                                                                     tions of the Global Engagement Center, em-             tistical policy directive entitled ‘‘Standards
                                             ceding subparagraph (A), by striking ‘‘sus-                                                                    for Maintaining, Collecting, and Presenting
                                             pend’’ and inserting ‘‘indefinitely suspend             ployees of the Department without regard to
                                                                                                     the provisions of title 5, United States Code,         Federal Data on Race and Ethnicity’’ (81
                                             without duties’’;                                                                                              Fed. Reg. 67398).
                                               (2) by redesignating paragraph (5) as para-           governing appointment in the competitive
                                                                                                     service, and may fix the basic compensation              (3) DIVERSITY.—The term ‘‘diversity’’
                                             graph (7);                                                                                                     means those classes of persons protected
                                               (3) by inserting after paragraph (4) the fol-         of such employees without regard to chapter
                                                                                                     51 and subchapter III of chapter 53 of such            under the Civil Rights Act of 1964 (42 U.S.C.
                                             lowing new paragraphs:                                                                                         2000a et seq.) and the Americans with Dis-
                                               ‘‘(5) Any member of the Service suspended             title.
                                                                                                                                                            abilities Act of 1990 (42 U.S.C. 12101 et seq.).
                                             from duties under this subsection may be                SEC. 5321. EDUCATION ALLOWANCES DUE TO                   (4) WORKFORCE.—The term ‘‘workforce’’
                                             suspended without pay only after a final                           CORONAVIRUS.
                                                                                                                                                            means—
                                             written decision is provided to such member               (a) IN GENERAL.—The authority under sec-               (A) individuals serving in a position in the
                                             under paragraph (2).                                    tion 5924 of title 5, United States Code, may          civil service (as defined in section 2101 of
                                               ‘‘(6) If no final written decision under para-        be exercised by the Secretary of State and             title 5, United States Code);
                                             graph (2) has been provided within 1 calendar           the heads of other Federal agencies for edu-             (B) individuals who are members of the
                                             year of the date the suspension at issue was            cation allowances to employees who are in              Foreign Service (as defined in section 103 of
                                             proposed, not later than 30 days thereafter             the United States with assignment orders to            the Foreign Service Act of 1980 (22 U.S.C.
                                             the Secretary of State shall report to the              a foreign area and for whom service abroad             3902));
                                             Committee on Foreign Affairs of the House               has been interrupted or delayed because of               (C) all individuals serving under a personal
                                             of Representatives and the Committee on                 the coronavirus pandemic without regard to             services contract;
                                             Foreign Relations of the Senate in writing              the foreign area limitations referenced                  (D) all individuals serving under a Foreign
                                             regarding the specific reasons for such                 therein.                                               Service Limited appointment under section
                                             delay.’’; and                                             (b) TERMINATION.—The authority under                 309 of the Foreign Service Act of 1980; or
                                               (4) in paragraph (7), as so redesignated—             subsection shall expire on September 30, 2022.           (E) individuals other than Locally Em-
                                               (A) by striking ‘‘(7) In this subsection:’’;                                                                 ployed Staff working in the Department of
                                               (B) in subparagraph (A), by striking ‘‘(A)            SEC. 5322. COMPETITIVE STATUS FOR CERTAIN
                                                                                                                 EMPLOYEES HIRED BY INSPECTORS              State under any other authority.
                                             The term’’ and inserting the following:                                                                        SEC. 5402. EXIT INTERVIEWS FOR WORKFORCE.
                                                                                                                 GENERAL TO SUPPORT THE LEAD IG
                                               ‘‘(7) In this subsection, the term’’;                             MISSION.                                     (a) RETAINED MEMBERS.—The Director Gen-
                                               (C) by striking subparagraph (B) (relating
                                                                                                       Subparagraph (A) of section 8L(d)(5)(A) of           eral of the Foreign Service and the Director
                                             to the definition of ‘‘suspend’’ and ‘‘suspen-
                                                                                                     the Inspector General Act of 1978 (5 U.S.C.            of the Bureau of Human Resources or its
                                             sion’’); and
                                                                                                     App.) is amended by striking ‘‘a lead Inspec-          equivalent shall conduct periodic interviews
                                               (D) by redesignating clauses (i) and (ii) as
                                                                                                     tor General for’’ and inserting ‘‘any of the           with a representative and diverse cross-sec-
                                             subparagraphs (A) and (B), respectively; and
                                                                                                     Inspectors General specified in subsection (c)         tion of the workforce of the Department—
                                             moving such subparagraphs 2 ems to the left.
                                                                                                     for oversight of’’.                                      (1) to understand the reasons of individuals
                                             SEC. 5318. FOREIGN AFFAIRS MANUAL AND FOR-
                                                         EIGN     AFFAIRS    HANDBOOK
                                                                                                                                                            in such workforce for remaining in a position
                                                                                                     SEC. 5323. REPORT RELATING TO FOREIGN SERV-
                                                         CHANGES.                                                 ICE OFFICER TRAINING AND DEVEL-
                                                                                                                                                            in the Department; and
                                               (a) IN GENERAL.—Not later than 180 days                            OPMENT.                                     (2) to receive feedback on workplace poli-
                                             after the date of the enactment of this Act,                                                                   cies, professional development opportunities,
                                                                                                       (a) IN GENERAL.—Not later than 270 days              and other issues affecting the decision of in-
                                             and every 180 days thereafter for 5 years, the          after the date of the enactment of this Act,
                                             Secretary shall submit to the appropriate                                                                      dividuals in the workforce to remain in the
                                                                                                     the Secretary of State shall submit to the             Department.
                                             congressional committees a report detailing             appropriate committees of Congress a report
                                             all changes made to the Foreign Affairs Man-                                                                     (b) DEPARTING MEMBERS.—The Director
                                                                                                     certain fellowship or detail opportunities for         General of the Foreign Service and the Di-
                                             ual or the Foreign Affairs Handbook.                    Department of State Foreign Service per-
                                               (b) COVERED PERIODS.—The first report re-                                                                    rector of the Bureau of Human Resources or
                                                                                                     sonnel.                                                its equivalent shall provide an opportunity
                                             quired under subsection (a) shall cover the 5-
                                             year period preceding the submission of such              (b) ELEMENTS.—The report required by sub-            for an exit interview to each individual in
                                             report. Each subsequent report shall cover              section (a) shall include the following ele-           the workforce of the Department who sepa-
                                             the 180-day period preceding submission.                ments:                                                 rates from service with the Department to
                                               (c) CONTENTS.—Each report required under                (1) The number of Senior Foreign Service             better understand the reasons of such indi-
                                             subsection (a) shall contain the following:             Officer generalists who, as of the date of the         vidual for leaving such service.
                                               (1) The location within the Foreign Affairs           enactment of this Act, have done a tour of at            (c) USE OF ANALYSIS FROM INTERVIEWS.—
                                             Manual or the Foreign Affairs Handbook                  least one year in any of the agencies or con-          The Director General of the Foreign Service
                                             where a change has been made.                           gressional committees described in sub-                and the Director of the Bureau of Human Re-
                                               (2) The statutory basis for each such                 section (a).                                           sources or its equivalent shall analyze demo-
                                             change.                                                   (2) The total number of senior Foreign               graphic data and other information obtained
                                               (3) A side-by-side comparison of the For-             Service Officer generalists as of the date of          through interviews under subsections (a) and
                                             eign Affairs Manual or Foreign Affairs Hand-            the enactment of this Act.                             (b) to determine to what extent, if any, the
                                             book before and after such change.                        (3) The average number of Senior Foreign             diversity of those participating in such
                                               (4) A summary of such changes displayed               Service Officer generalists inducted annually          interviews impacts the results.
                                             in spreadsheet form.                                    during the 10 years preceding the date of the            (d) TRACKING DATA.—The Department
                                             SEC. 5319. WAIVER AUTHORITY FOR INDIVIDUAL              enactment of this Act.                                 shall—
                                                         OCCUPATIONAL REQUIREMENTS OF                  (4) The total number of Department advi-               (1) track demographic data relating to par-
                                                         CERTAIN POSITIONS.                          sors stationed in any of the agencies or con-          ticipants in professional development pro-
                                               The Secretary of State may waive any or               gressional offices described in subsection (a),        grams and the rate of placement into senior
                                             all of the individual occupational require-             including the agencies or offices in which             positions for participants in such programs;
                                             ments with respect to an employee or pro-               such advisors serve.                                     (2) annually evaluate such data—
                                             spective employee of the Department of                    (5) The total number of advisors from other            (A) to identify ways to improve outreach




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                                             State for a civilian position categorized               United States Government agencies sta-                 and recruitment for such programs, con-
                                             under the GS–0130 occupational series if the            tioned in the Department of State (excluding           sistent with merit system principles; and
                                             Secretary determines that the individual                defense attaches, senior defense officials, and          (B) to understand the extent to which par-
                                             possesses significant scientific, techno-               other Department of Defense personnel sta-             ticipation in any professional development
                                             logical, engineering, or mathematical exper-            tioned in United States missions abroad), the          program offered or sponsored by the Depart-
                                             tise that is integral to performing the duties          home agency of the advisor, and the offices            ment differs among the demographic cat-
                                             of the applicable position, based on dem-               in which such advisors serve.                          egories of the workforce; and




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8309
                                               (3) actively encourage participation from a           forts of individuals in senior positions and             (b) FOREIGN SERVICE EXAMINATIONS.—Sec-
                                             range of demographic categories, especially             supervisors in the Department in fostering             tion 301(b) of the Foreign Service Act of 1980
                                             from categories with consistently low par-              an inclusive environment and cultivating               (22 U.S.C. 3941) is amended—
                                             ticipation, in such professional development            talent consistent with merit system prin-                (1) by striking ‘‘The Secretary’’ and insert-
                                             programs.                                               ciples, such as through participation in men-          ing: ‘‘(1) The Secretary’’; and
                                             SEC. 5403. RECRUITMENT AND RETENTION.                   toring programs or sponsorship initiatives,              (2) by adding at the end the following new
                                               (a) IN GENERAL.—The Secretary shall—                  recruitment events, and other similar oppor-           paragraph:
                                               (1) continue to seek a diverse and talented           tunities.                                                ‘‘(2) The Secretary shall ensure that the
                                             pool of applicants; and                                   (2) OUTREACH EVENTS.—The Secretary shall             Board of Examiners for the Foreign Service
                                               (2) instruct the Director General of the              create opportunities for individuals in senior         annually offers the oral assessment examina-
                                             Foreign Service and the Director of the Bu-             positions and supervisors in the Department            tions described in paragraph (1) in cities,
                                             reau of Human Resources of the Department               to participate in outreach events and to dis-          chosen on a rotating basis, located in at
                                             to have a recruitment plan of action for the            cuss issues relating to diversity and inclu-           least five cities in three different time zones
                                             recruitment of people belonging to tradition-           sion with the workforce on a regular basis,            across the United States.’’.
                                             ally under-represented groups, which should             including with employee resource groups.               SEC. 5407. PAYNE FELLOWSHIP AUTHORIZATION.
                                             include outreach at appropriate colleges,                 (b) EXTERNAL ADVISORY COMMITTEES AND                   (a) IN GENERAL.—Undergraduate and grad-
                                             universities, affinity groups, and profes-              BOARDS.—For each external advisory com-                uate components of the Donald M. Payne
                                             sional associations.                                    mittee or board to which individuals in sen-           International Development Fellowship Pro-
                                               (b) SCOPE.—The diversity recruitment ini-             ior positions in the Department appoint                gram may conduct outreach to attract out-
                                             tiatives described in subsection (a) shall in-          members, the Secretary is strongly encour-             standing students with an interest in pur-
                                             clude—                                                  aged by Congress to ensure such external ad-           suing a Foreign Service career who represent
                                               (1) recruiting at women’s colleges, histori-          visory committee or board is developed, re-            diverse ethnic and socioeconomic back-
                                                                                                     viewed, and carried out by qualified teams             grounds.
                                             cally Black colleges and universities, minor-
                                                                                                     that represent the diversity of the organiza-            (b) REVIEW OF PAST PROGRAMS.—The Sec-
                                             ity-serving institutions, and other institu-
                                                                                                     tion.                                                  retary shall review past programs designed
                                             tions serving a significant percentage of mi-
                                                                                                     SEC. 5405. PROFESSIONAL DEVELOPMENT OP-                to increase minority representation in inter-
                                             nority students;                                                   PORTUNITIES AND TOOLS.
                                               (2) placing job advertisements in news-                                                                      national affairs positions.
                                                                                                       (a) EXPAND PROVISION OF PROFESSIONAL DE-             SEC. 5408. VOLUNTARY PARTICIPATION.
                                             papers, magazines, and job sites oriented to-           VELOPMENT AND CAREER ADVANCEMENT OP-
                                             ward diverse groups;                                                                                             (a) IN GENERAL.—Nothing in this          title
                                                                                                     PORTUNITIES.—
                                               (3) sponsoring and recruiting at job fairs in                                                                should be construed so as to compel any em-
                                                                                                       (1) IN GENERAL.—The Secretary is author-
                                             urban and rural communities and land-grant                                                                     ployee to participate in the collection of the
                                                                                                     ized to expand professional development op-
                                             colleges or universities;                                                                                      data or divulge any personal information.
                                                                                                     portunities that support the mission needs of
                                               (4) providing opportunities through highly                                                                   Department employees shall be informed
                                                                                                     the Department, such as—
                                             respected, international leadership pro-                                                                       that their participation in the data collec-
                                                                                                       (A) academic programs;
                                             grams, that focus on diversity recruitment                                                                     tion contemplated by this title is voluntary.
                                                                                                       (B) private-public exchanges; and                      (b) PRIVACY PROTECTION.—Any data col-
                                             and retention;                                            (C) detail assignments to relevant posi-
                                               (5) expanding the use of paid internships;                                                                   lected under this title shall be subject to the
                                                                                                     tions in—                                              relevant privacy protection statutes and reg-
                                             and                                                       (i) private or international organizations;
                                               (6) cultivating partnerships with organiza-                                                                  ulations applicable to Federal employees.
                                                                                                       (ii) State, local, and Tribal governments;
                                             tions dedicated to the advancement of the                 (iii) other branches of the Federal Govern-              TITLE V—INFORMATION SECURITY
                                             profession of international affairs and na-             ment; or                                               SEC. 5501. DEFINITIONS.
                                             tional security to advance shared diversity               (iv) professional schools of international              In this title:
                                             goals.                                                  affairs.                                                  (1) INTELLIGENCE COMMUNITY.—The term
                                               (c) EXPAND TRAINING ON ANTI-HARASSMENT                  (2) TRAINING FOR SENIOR POSITIONS.—                  ‘‘intelligence community’’ has the meaning
                                             AND ANTI-DISCRIMINATION.—                                                                                      given such term in section 3(4) of the Na-
                                                                                                       (A) IN GENERAL.—The Secretary shall offer,
                                               (1) IN GENERAL.—The Secretary shall,                  or sponsor members of the workforce to par-            tional Security Act of 1947 (50 U.S.C. 3003(4)).
                                             through the Foreign Service Institute and               ticipate in, a Senior Executive Service can-              (2) RELEVANT CONGRESSIONAL COMMIT-
                                             other educational and training opportuni-               didate development program or other pro-               TEES.—The term ‘‘relevant congressional
                                             ties—                                                   gram that trains members on the skills re-             committees’’ means—
                                               (A) ensure the provision to all individuals           quired for appointment to senior positions in             (A) the appropriate congressional commit-
                                             in the workforce of training on anti-harass-            the Department.                                        tees;
                                             ment and anti-discrimination information                  (B) REQUIREMENTS.—In determining which                  (B) the Select Committee on Intelligence
                                             and policies, including in existing Foreign             members of the workforce are granted pro-              of the Senate; and
                                             Service Institute courses or modules                    fessional development or career advance-                  (C) the Permanent Select Committee on
                                             prioritized in the Department’s Diversity               ment opportunities under subparagraph (A),             Intelligence of the House of Representatives.
                                             and Inclusion Strategic Plan for 2016–2020 to           the Secretary shall—                                   SEC. 5502. LIST OF CERTAIN TELECOMMUNI-
                                             promote diversity in Bureau awards or miti-               (i) ensure any program offered or sponsored                     CATIONS PROVIDERS.
                                             gate unconscious bias;                                  by the Department under such subparagraph                (a) LIST OF COVERED CONTRACTORS.—Not
                                               (B) expand the provision of training on               comports with the requirements of subpart C            later than 30 days after the date of the enact-
                                             workplace rights and responsibilities to                of part 412 of title 5, Code of Federal Regula-        ment of this Act, the Secretary, in consulta-
                                             focus on anti-harassment and anti-discrimi-             tions, or any successor thereto, including             tion with the Director of National Intel-
                                             nation information and policies, including              merit staffing and assessment requirements;            ligence and other appropriate Federal agen-
                                             policies relating to sexual assault prevention            (ii) consider the number of expected vacan-          cies as determined jointly by the Secretary
                                             and response; and                                       cies in senior positions as a factor in deter-         and the Director of National Intelligence,
                                               (C) make such expanded training manda-                mining the number of candidates to select              shall develop or maintain, as the case may
                                             tory for—                                               for such programs;                                     be, and update as frequently as the Secretary
                                               (i) individuals in senior and supervisory po-           (iii) understand how participation in any            determines appropriate, a list of covered
                                             sitions;                                                program offered or sponsored by the Depart-            contractors with respect to which the De-
                                               (ii) individuals having responsibilities re-          ment under such subparagraph differs by                partment should seek to avoid entering into
                                             lated to recruitment, retention, or pro-                gender, race, national origin, disability sta-         contracts. Not later than 30 days after the
                                             motion of employees; and                                tus, or other demographic categories; and              initial development of the list under this
                                               (iii) any other individual determined by                (iv) actively encourage participation from           subsection, any update thereto, and annually
                                             the Department who needs such training                  a range of demographic categories, espe-               thereafter for 5 years after such initial 30
                                             based on analysis by the Department or OPM              cially from categories with consistently low           day period, the Secretary shall submit to the
                                             analysis.                                               participation.                                         appropriate congressional committees a copy
                                               (2) BEST PRACTICES.—The Department shall              SEC. 5406. EXAMINATION AND ORAL ASSESSMENT             of such list.
                                             give special attention to ensuring the con-                          FOR THE FOREIGN SERVICE.                    (b) COVERED CONTRACTOR DEFINED.—In this
                                             tinuous incorporation of research-based best              (a) SENSE OF CONGRESS.—It is the sense of            section, the term ‘‘covered contractor’’
                                             practices in training provided under this sub-          Congress that the Department should offer              means a provider of telecommunications,
                                             section.                                                both the Foreign Service written examina-              telecommunications equipment, or informa-




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                                             SEC. 5404. LEADERSHIP ENGAGEMENT AND AC-                tion and oral assessment in more locations             tion technology equipment, including hard-
                                                         COUNTABILITY.                               throughout the United States. Doing so                 ware, software, or services, that has know-
                                               (a) REWARD AND RECOGNIZE EFFORTS TO                   would ease the financial burden on potential           ingly assisted or facilitated a cyber attack
                                             PROMOTE DIVERSITY AND INCLUSION.—                       candidates who do not currently reside in              or conducted surveillance, including passive
                                               (1) IN GENERAL.—The Secretary shall im-               and must travel at their own expense to one            or active monitoring, carried out against—
                                             plement performance and advancement re-                 of the few locations where these assessments             (1) the United States by, or on behalf of,
                                             quirements that reward and recognize the ef-            are offered.                                           any government, or persons associated with




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                                             S8310                                             CONGRESSIONAL RECORD — SENATE                                                   November 16, 2021
                                             such government, listed as a cyber threat                 (B) routinely organize and oversee audi-               (e) LIMITED EXEMPTION RELATING TO THE
                                             actor in the intelligence community’s 2017              ence research, digital analytics, and impact           PRIVACY ACT.—
                                             assessment of worldwide threats to United               evaluations across all public diplomacy bu-              (1) IN GENERAL.—The Department shall
                                             States national security or any subsequent              reaus and offices of the Department;                   maintain, collect, use, and disseminate
                                             worldwide threat assessment of the intel-                 (C) support United States diplomatic posts’          records (as such term is defined in section
                                             ligence community; or                                   public affairs sections;                               552a(a)(4) of title 5, United States Code) for
                                               (2) individuals, including activists, journal-          (D) share appropriate public diplomacy re-           audience research, digital analytics, and im-
                                             ists, opposition politicians, or other individ-         search and evaluation information within               pact evaluation of communications related
                                             uals for the purposes of suppressing dissent            the Department and with other appropriate              to public diplomacy efforts intended for for-
                                             or intimidating critics, on behalf of a coun-           Federal departments and agencies;                      eign audiences.
                                             try included in the annual country reports                (E) regularly design and coordinate stand-             (2) CONDITIONS.—Audience research, digital
                                             on human rights practices of the Department             ardized research questions, methodologies,             analytics, and impact evaluations under
                                             for systematic acts of political repression,            and procedures to ensure that public diplo-            paragraph (1) shall be—
                                             including arbitrary arrest or detention, tor-           macy programs and activities across all pub-             (A) reasonably tailored to meet the pur-
                                             ture, extrajudicial or politically motivated            lic diplomacy bureaus and offices are de-              poses of this subsection; and
                                             killing, or other gross violations of human             signed to meet appropriate foreign policy ob-            (B) carried out with due regard for privacy
                                             rights.                                                 jectives; and                                          and civil liberties guidance and oversight.
                                             SEC. 5503. FOREIGN RELATIONS OF THE UNITED                (F) report biannually to the United States             (f) UNITED STATES ADVISORY COMMISSION ON
                                                         STATES (FRUS) SERIES AND DECLAS-            Advisory Commission on Public Diplomacy,               PUBLIC DIPLOMACY.—
                                                         SIFICATION.                                 through the Subcommittee on Research and                 (1) SUBCOMMITTEE FOR RESEARCH AND EVAL-
                                                The State Department Basic Authorities               Evaluation established pursuant to sub-                UATION.—The United States Advisory Com-
                                             Act of 1956 is amended—                                 section (f), regarding the research and eval-          mission on Public Diplomacy shall establish
                                                (1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)),     uation of all public diplomacy bureaus and             a Subcommittee on Research and Evaluation
                                             by striking ‘‘26’’ and inserting ‘‘20’’; and            offices.                                               to monitor and advise regarding audience re-
                                                (2) in section 404 (22 U.S.C. 4354)—                   (4) GUIDANCE AND TRAINING.—Not later than            search, digital analytics, and impact evalua-
                                                (A) in subsection (a)(1), by striking                1 year after the appointment of the Director           tions carried out by the Department and the
                                             ‘‘30’’and inserting ‘‘25’’; and                         pursuant to paragraph (1), the Director shall          United States Agency for Global Media.
                                                (B) in subsection (c)(1)(C), by striking ‘‘30’’      develop guidance and training, including                 (2) ANNUAL REPORT.—The Subcommittee on
                                             and inserting ‘‘25’’.                                   curriculum for use by the Foreign Service              Research and Evaluation established pursu-
                                                     TITLE VI—PUBLIC DIPLOMACY                       Institute, for all public diplomacy officers of        ant to paragraph (1) shall submit to the ap-
                                             SEC. 5601. SHORT TITLE.                                 the Department regarding the reading and               propriate congressional committees an an-
                                               This title may be cited as the ‘‘Public Di-           interpretation of public diplomacy program             nual report, in conjunction with the United
                                             plomacy Modernization Act of 2021’’.                    and activity evaluation findings to ensure             States Advisory Commission on Public Di-
                                                                                                     that such findings and related lessons                 plomacy’s Comprehensive Annual Report on
                                             SEC. 5602. AVOIDING DUPLICATION OF PRO-
                                                        GRAMS AND EFFORTS.                           learned are implemented in the planning and            the performance of the Department and the
                                               The Secretary shall—                                  evaluation of all public diplomacy programs            United States Agency for Global Media, de-
                                               (1) identify opportunities for greater effi-          and activities of the Department.                      scribing all actions taken by the Sub-
                                             ciency of operations, including through im-               (c) PRIORITIZING RESEARCH AND EVALUA-                committee pursuant to paragraph (1) and
                                             proved coordination of efforts across public            TION.—                                                 any findings made as a result of such ac-
                                             diplomacy bureaus and offices of the Depart-              (1) IN GENERAL.—The head of the Office of            tions.
                                                                                                     Policy, Planning, and Resources for Public             SEC. 5604. PERMANENT REAUTHORIZATION OF
                                             ment; and
                                                                                                     Diplomacy and Public Affairs of the Depart-                        THE UNITED STATES ADVISORY
                                               (2) maximize shared use of resources be-                                                                                 COMMISSION ON PUBLIC DIPLO-
                                             tween, and within, such public diplomacy bu-            ment shall ensure that research and evalua-                        MACY.
                                             reaus and offices in cases in which programs,           tion of public diplomacy and activities of the
                                                                                                                                                               Section 1334 of the Foreign Affairs Reform
                                             facilities, or administrative functions are             Department, as coordinated and overseen by
                                                                                                                                                            and Restructuring Act of 1998 (22 U.S.C. 6553)
                                             duplicative or substantially overlapping.               the Director pursuant to subsection (b), sup-
                                                                                                                                                            is amended—
                                             SEC. 5603. IMPROVING RESEARCH AND EVALUA-               ports strategic planning and resource alloca-
                                                                                                                                                               (1) in the section heading, by striking
                                                         TION OF PUBLIC DIPLOMACY.                   tion across all public diplomacy bureaus and
                                                                                                                                                            ‘‘SUNSET’’ and inserting ‘‘CONTINUATION’’; and
                                               (a) RESEARCH AND EVALUATION ACTIVI-                   offices of the Department.
                                                                                                                                                               (2) by striking ‘‘until October 1, 2021’’.
                                             TIES.—The Secretary, acting through the Di-               (2) ALLOCATION OF RESOURCES.—Amounts
                                                                                                                                                            SEC. 5605. STREAMLINING OF SUPPORT FUNC-
                                             rector of Research and Evaluation appointed             allocated for the purpose of research and                          TIONS.
                                             pursuant to subsection (b), shall—                      evaluation of public diplomacy programs and              (a) WORKING GROUP ESTABLISHED.—Not
                                               (1) conduct regular research and evaluation           activities of the Department pursuant to               later than 60 days after the date of the enact-
                                             of public diplomacy programs and activities             subsection (b) shall be made available to be           ment of this Act, the Secretary shall estab-
                                             of the Department, including through the                disbursed at the direction of the Director of          lish a working group to explore the possibili-
                                             routine use of audience research, digital ana-          Research and Evaluation among the research             ties    and     cost-benefit    analysis     of
                                             lytics, and impact evaluations, to plan and             and evaluation staff across all public diplo-          transitioning to a shared services model as
                                             execute such programs and activities; and               macy bureaus and offices of the Department.            such pertains to human resources, travel,
                                               (2) make available to Congress the findings             (3) SENSE OF CONGRESS.—It is the sense of            purchasing, budgetary planning, and all
                                             of the research and evaluations conducted               Congress that the Department should gradu-             other executive support functions for all bu-
                                             under paragraph (1).                                    ally increase its allocation of funds made             reaus of the Department that report to the
                                               (b) DIRECTOR OF RESEARCH AND EVALUA-                  available under the headings ‘‘Educational             Under Secretary for Public Diplomacy of the
                                             TION.—                                                  and Cultural Exchange Programs’’ and ‘‘Dip-            Department.
                                               (1) APPOINTMENT.—Not later than 90 days               lomatic Programs’’ for research and evalua-              (b) REPORT.—Not later than 180 days after
                                             after the date of the enactment of this Act,            tion of public diplomacy programs and ac-              the date of the enactment of this Act, the
                                             the Secretary shall appoint a Director of Re-           tivities of the Department pursuant to sub-            Secretary shall submit to the appropriate
                                             search and Evaluation (referred to in this              section (b) to a percentage of program funds           congressional committees a plan to imple-
                                             subsection as the ‘‘Director’’) in the Office of        that is commensurate with Federal Govern-              ment any such findings of the working group
                                             Policy, Planning, and Resources for Public              ment best practices.                                   established under subsection (a).
                                             Diplomacy and Public Affairs of the Depart-               (d) LIMITED EXEMPTION RELATING TO THE                SEC. 5606. GUIDANCE FOR CLOSURE OF PUBLIC
                                             ment.                                                   PAPERWORK REDUCTION ACT.—Chapter 35 of                             DIPLOMACY FACILITIES.
                                               (2) LIMITATION ON APPOINTMENT.—The ap-                title 44, United States Code (commonly                   (a) IN GENERAL.—Not later than 180 days
                                             pointment of the Director pursuant to para-             known as the ‘‘Paperwork Reduction Act’’)              after the date of the enactment of this Act,
                                             graph (1) shall not result in an increase in            shall not apply to the collection of informa-          the Secretary of State shall adopt, and in-
                                             the overall full-time equivalent positions              tion directed at any individuals conducted             clude in the Foreign Affairs Manual, guide-
                                             within the Department.                                  by, or on behalf of, the Department of State           lines to collect and utilize information from
                                               (3) RESPONSIBILITIES.—The Director shall—             for the purpose of audience research, moni-            each diplomatic post at which the construc-
                                               (A) coordinate and oversee the research               toring, and evaluations, and in connection             tion of a new embassy compound or new con-
                                             and evaluation of public diplomacy programs             with the Department’s activities conducted             sulate compound would result in the closure
                                             and activities of the Department in order               pursuant to any of the following:                      or co-location of an American Space, Amer-




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                                             to—                                                       (1) The Mutual Educational and Cultural              ican Center, American Corner, or any other
                                               (i) improve public diplomacy strategies               Exchange Act of 1961 (22 U.S.C. 2451 et seq.).         public diplomacy facility under the Secure
                                             and tactics; and                                          (2) Section 1287 of the National Defense Au-         Embassy Construction and Counterterrorism
                                               (ii) ensure that such programs and activi-            thorization Act for Fiscal Year 2017 (Public           Act of 1999 (22 U.S.C. 4865 et seq.).
                                             ties are increasing the knowledge, under-               Law 114–328; 22 U.S.C. 2656 note).                       (b) REQUIREMENTS.—The guidelines re-
                                             standing, and trust of the United States by               (3) The Foreign Assistance Act of 1961 (22           quired by subsection (a) shall include the fol-
                                             relevant target audiences;                              U.S.C. 2151 et seq.).                                  lowing:




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8311
                                               (1) Standardized notification to each chief           governance and combat public corruption                and sentences persons responsible for such
                                             of mission at a diplomatic post describing              could be enhanced.                                     acts over which it has jurisdiction, includ-
                                             the requirements of the Secure Embassy                  SEC. 5702. DEFINITIONS.                                ing, as appropriate, incarcerating individuals
                                             Construction and Counterterrorism Act of                   In this title:                                      convicted of such acts;
                                             1999 and the impact on the mission footprint               (1) CORRUPT ACTOR.—The term ‘‘corrupt                 (2) whether the government of the country
                                             of such requirements.                                   actor’’ means—                                         vigorously investigates, prosecutes, con-
                                               (2) An assessment and recommendations                    (A) any foreign person or entity that is a          victs, and sentences public officials who par-
                                             from each chief of mission of potential im-             government official or government entity re-           ticipate in or facilitate corruption, including
                                             pacts to public diplomacy programming at                sponsible for, or complicit in, an act of cor-         nationals of the country who are deployed in
                                             such diplomatic post if any public diplomacy            ruption; and                                           foreign military assignments, trade delega-
                                             facility referred to in subsection (a) is closed           (B) any company, in which a person or en-           tions abroad, or other similar missions, who
                                             or staff is co-located in accordance with such          tity described in subparagraph (A) has a sig-          engage in or facilitate significant corrup-
                                             Act.                                                    nificant stake, which is responsible for, or           tion;
                                               (3) A process by which assessments and                complicit in, an act of corruption.                      (3) whether the government of the country
                                             recommendations under paragraph (2) are                    (2) CORRUPTION.—The term ‘‘corruption’’             has adopted measures to prevent corruption,
                                             considered by the Secretary and the appro-              means the unlawful exercise of entrusted               such as measures to inform and educate the
                                             priate Under Secretaries and Assistant Sec-                                                                    public, including potential victims, about
                                                                                                     public power for private gain, including by
                                             retaries of the Department.                                                                                    the causes and consequences of corruption;
                                                                                                     bribery, nepotism, fraud, or embezzlement.
                                               (4) Notification to the appropriate congres-                                                                   (4) what steps the government of the coun-
                                                                                                        (3) SIGNIFICANT CORRUPTION.—The term
                                             sional committees, prior to the initiation of                                                                  try has taken to prohibit government offi-
                                                                                                     ‘‘significant corruption’’ means corruption
                                             a new embassy compound or new consulate                                                                        cials from participating in, facilitating, or
                                                                                                     committed at a high level of government
                                             compound design, of the intent to close any                                                                    condoning corruption, including the inves-
                                                                                                     that has some or all of the following charac-
                                             such public diplomacy facility or co-locate                                                                    tigation, prosecution, and conviction of such
                                                                                                     teristics:
                                             public diplomacy staff in accordance with                                                                      officials;
                                                                                                        (A) Illegitimately distorts major decision-
                                             such Act.                                                                                                        (5) the extent to which the country pro-
                                                                                                     making, such as policy or resource deter-
                                               (c) REPORT.—Not later than 1 year after                                                                      vides access, or, as appropriate, makes ade-
                                                                                                     minations, or other fundamental functions of           quate resources available, to civil society or-
                                             the date of the enactment of this Act, the              governance.
                                             Secretary shall submit to the appropriate                                                                      ganizations and other institutions to combat
                                                                                                        (B) Involves economically or socially               corruption,     including   reporting,    inves-
                                             congressional committees a report con-                  large-scale government activities.
                                             taining the guidelines required under sub-                                                                     tigating, and monitoring;
                                                                                                     SEC. 5703. PUBLICATION OF TIERED RANKING                 (6) whether an independent judiciary or ju-
                                             section (a) and any recommendations for any                         LIST.
                                             modifications to such guidelines.                                                                              dicial body in the country is responsible for,
                                                                                                       (a) IN GENERAL.—The Secretary of State               and effectively capable of, deciding corrup-
                                             SEC. 5607. DEFINITIONS.
                                                                                                     shall annually publish, on a publicly acces-           tion cases impartially, on the basis of facts
                                               In this title:
                                                                                                     sible website, a tiered ranking of all foreign         and in accordance with the law, without any
                                               (1) AUDIENCE RESEARCH.—The term ‘‘audi-
                                                                                                     countries.                                             improper restrictions, influences, induce-
                                             ence research’’ means research conducted at
                                                                                                       (b) TIER 1 COUNTRIES.—A country shall be             ments, pressures, threats, or interferences
                                             the outset of a public diplomacy program or
                                                                                                     ranked as a tier 1 country in the ranking              (direct or indirect);
                                             the outset of campaign planning and design
                                                                                                     published under subsection (a) if the govern-            (7) whether the government of the country
                                             regarding specific audience segments to un-
                                                                                                     ment of such country is complying with the             is assisting in international investigations of
                                             derstand the attitudes, interests, knowledge,
                                                                                                     minimum standards set forth in section 5704.           transnational corruption networks and in
                                             and behaviors of such audience segments.
                                                                                                       (c) TIER 2 COUNTRIES.—A country shall be             other cooperative efforts to combat signifi-
                                               (2) DIGITAL ANALYTICS.—The term ‘‘digital
                                                                                                     ranked as a tier 2 country in the ranking              cant corruption, including, as appropriate,
                                             analytics’’ means the analysis of qualitative
                                                                                                     published under subsection (a) if the govern-          cooperating with the governments of other
                                             and quantitative data, accumulated in dig-
                                                                                                     ment of such country is making efforts to              countries to extradite corrupt actors;
                                             ital format, to indicate the outputs and out-
                                                                                                     comply with the minimum standards set                    (8) whether the government of the country
                                             comes of a public diplomacy program or
                                                                                                     forth in section 5704, but is not achieving the        recognizes the rights of victims of corrup-
                                             campaign.
                                                                                                     requisite level of compliance to be ranked as          tion, ensures their access to justice, and
                                               (3) IMPACT EVALUATION.—The term ‘‘impact
                                                                                                     a tier 1 country.                                      takes steps to prevent victims from being
                                             evaluation’’ means an assessment of the
                                                                                                       (d) TIER 3 COUNTRIES.—A country shall be             further victimized or persecuted by corrupt
                                             changes in the audience targeted by a public
                                                                                                     ranked as a tier 3 country in the ranking              actors, government officials, or others;
                                             diplomacy program or campaign that can be
                                                                                                     published under subsection (a) if the govern-            (9) whether the government of the country
                                             attributed to such program or campaign.
                                                                                                     ment of such country is making de minimis              protects victims of corruption or whistle-
                                               (4) PUBLIC DIPLOMACY BUREAUS AND OF-
                                                                                                     or no efforts to comply with the minimum               blowers from reprisal due to such persons
                                             FICES.—The term ‘‘public diplomacy bureaus
                                                                                                     standards set forth in section 5704.                   having assisted in exposing corruption, and
                                             and offices’’ means, with respect to the De-
                                             partment, the following:                                SEC. 5704. MINIMUM STANDARDS FOR THE ELIMI-            refrains from other discriminatory treat-
                                                                                                                  NATION OF CORRUPTION AND AS-              ment of such persons;
                                               (A) The Bureau of Educational and Cul-                             SESSMENT OF EFFORTS TO COMBAT
                                             tural Affairs.                                                                                                   (10) whether the government of the coun-
                                                                                                                  CORRUPTION.
                                               (B) The Bureau of Global Public Affairs.                                                                     try is willing and able to recover and, as ap-
                                                                                                       (a) IN GENERAL.—The government of a                  propriate, return the proceeds of corruption;
                                               (C) The Office of Policy, Planning, and Re-           country is complying with the minimum
                                             sources for Public Diplomacy and Public Af-                                                                      (11) whether the government of the coun-
                                                                                                     standards for the elimination of corruption if         try is taking steps to implement financial
                                             fairs.                                                  the government—
                                               (D) The Global Engagement Center.                                                                            transparency measures in line with the Fi-
                                                                                                       (1) has enacted and implemented laws and             nancial Action Task Force recommenda-
                                               (E) The public diplomacy functions within             established government structures, policies,
                                             the regional and functional bureaus.                                                                           tions, including due diligence and beneficial
                                                                                                     and practices that prohibit corruption, in-            ownership transparency requirements;
                                                    TITLE VII—COMBATING PUBLIC                       cluding significant corruption;                          (12) whether the government of the coun-
                                                              CORRUPTION                               (2) enforces the laws described in para-             try is facilitating corruption in other coun-
                                             SEC. 5701. SENSE OF CONGRESS.                           graph (1) by punishing any person who is               tries in connection with state-directed in-
                                               It is the sense of Congress that—                     found, through a fair judicial process, to             vestment, loans or grants for major infra-
                                               (1) it is in the foreign policy interest of the       have violated such laws;                               structure, or other initiatives; and
                                             United States to help foreign countries pro-              (3) prescribes punishment for significant              (13) such other information relating to cor-
                                             mote good governance and combat public                  corruption that is commensurate with the               ruption as the Secretary of State considers
                                             corruption;                                             punishment prescribed for serious crimes;              appropriate.
                                               (2) multiple Federal departments and agen-            and                                                      (c) ASSESSING GOVERNMENT EFFORTS TO
                                             cies operate programs that promote good                   (4) is making serious and sustained efforts          COMBAT CORRUPTION IN RELATION TO REL-
                                             governance in foreign countries and enhance             to address corruption, including through pre-          EVANT INTERNATIONAL COMMITMENTS.—In de-
                                             such countries’ ability to combat public cor-           vention.                                               termining whether a government is making
                                             ruption; and                                              (b) FACTORS FOR ASSESSING GOVERNMENT                 serious and sustained efforts to address cor-
                                               (3) the Department of State should—                   EFFORTS TO COMBAT CORRUPTION.—In deter-                ruption, the Secretary of State shall con-
                                               (A) promote coordination among the Fed-               mining whether a government is making se-              sider the government of a country’s compli-




dlhill on DSK120RN23PROD with SENATE
                                             eral departments and agencies implementing              rious and sustained efforts to address corrup-         ance with the following, as relevant:
                                             programs to promote good governance and                 tion, the Secretary of State shall consider,             (1) The Inter-American Convention against
                                             combat public corruption in foreign coun-               to the extent relevant or appropriate, factors         Corruption of the Organization of American
                                             tries in order to improve effectiveness and             such as—                                               States, done at Caracas March 29, 1996.
                                             efficiency; and                                           (1) whether the government of the country              (2) The Convention on Combating Bribery
                                               (B) identify areas in which United States             has criminalized corruption, investigates and          of Foreign Public Officials in International
                                             efforts to help other countries promote good            prosecutes acts of corruption, and convicts            Business Transactions of the Organisation of




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                                             S8312                                             CONGRESSIONAL RECORD — SENATE                                                    November 16, 2021
                                             Economic Co-operation and Development,                  shall be the chief of mission or the chief of          have engaged in, any of the activities de-
                                             done at Paris December 21, 1997 (commonly               mission’s designee.                                    scribed in subparagraph (A) or (B) related to
                                             referred to as the ‘‘Anti-Bribery Conven-                 (b) RESPONSIBILITIES.—Each anti-corrup-              the tenure of the leader or official; or
                                             tion’’).                                                tion point of contact designated under sub-              ‘‘(ii) an entity whose property and inter-
                                               (3) The United Nations Convention against             section (a) shall be responsible for enhancing         ests in property are blocked pursuant to this
                                             Transnational Organized Crime, done at New              coordination and promoting the implementa-             section as a result of activities related to the
                                             York November 15, 2000.                                 tion of a whole-of-government approach                 tenure of the leader or official;
                                               (4) The United Nations Convention against             among the relevant Federal departments and               ‘‘(D) has materially assisted, sponsored, or
                                             Corruption, done at New York October 31,                agencies undertaking efforts to—                       provided financial, material, or techno-
                                             2003.                                                     (1) promote good governance in foreign               logical support for, or goods or services to or
                                               (5) Such other treaties, agreements, and              countries; and                                         in support of—
                                             international standards as the Secretary of               (2) enhance the ability of such countries—             ‘‘(i) an activity described in subparagraph
                                             State considers appropriate.                              (A) to combat public corruption; and                 (A) or (B) that is conducted by a foreign per-
                                             SEC. 5705. IMPOSITION OF SANCTIONS UNDER                  (B) to develop and implement corruption              son;
                                                         GLOBAL    MAGNITSKY     HUMAN               risk assessment tools and mitigation strate-             ‘‘(ii) a person whose property and interests
                                                         RIGHTS ACCOUNTABILITY ACT.                  gies.                                                  in property are blocked pursuant to this sec-
                                               (a) IN GENERAL.—The Secretary of State,                 (c) TRAINING.—The Secretary of State shall           tion; or
                                             in coordination with the Secretary of the               implement appropriate training for anti-cor-             ‘‘(iii) an entity, including a government
                                             Treasury, should evaluate whether there are             ruption points of contact designated under             entity, that has engaged in, or whose mem-
                                             foreign persons engaged in significant cor-             subsection (a).                                        bers have engaged in, an activity described
                                             ruption for the purposes of potential imposi-           TITLE VIII—GLOBAL MAGNITSKY HUMAN                      in subparagraph (A) or (B) conducted by a
                                             tion    of    sanctions   under    the     Global         RIGHTS ACCOUNTABILITY REAUTHOR-                      foreign person; or
                                             Magnitsky Human Rights Accountability                     IZATION ACT                                            ‘‘(E) is owned or controlled by, or has acted
                                             Act (subtitle F of title XII of Public Law 114–
                                                                                                     SEC. 5801. SHORT TITLE.                                or been purported to act for or on behalf of,
                                             328; 22 U.S.C. 2656 note)—
                                                                                                      This title may be cited as the ‘‘Global               directly or indirectly, a person whose prop-
                                               (1) in all countries identified as tier 3 coun-
                                                                                                     Magnitsky Human Rights Accountability                  erty and interests in property are blocked
                                             tries under section 5703; or
                                                                                                     Reauthorization Act’’.                                 pursuant to this section; and
                                               (2) in relation to the planning or construc-
                                                                                                     SEC. 5802. MODIFICATIONS TO AND REAUTHOR-                ‘‘(2) any immediate family member of a
                                             tion or any operation of the Nord Stream 2
                                                                                                                 IZATION OF SANCTIONS WITH RE-              person described in paragraph (1).’’.
                                             pipeline.                                                           SPECT TO HUMAN RIGHTS VIOLA-
                                               (b) REPORT REQUIRED.—Not later than 180                                                                        (2) CONSIDERATION OF CERTAIN INFORMA-
                                                                                                                 TIONS.                                     TION.—Subsection (c)(2) of such section is
                                             days after publishing the list required by
                                                                                                       (a) DEFINITIONS.—Section 1262 of the Global          amended by inserting ‘‘corruption and’’ after
                                             section 5703(a) and annually thereafter, the
                                                                                                     Magnitsky Human Rights Accountability                  ‘‘monitor’’.
                                             Secretary of State shall submit to the com-
                                                                                                     Act (Subtitle F of title XII of Public Law               (3) REQUESTS BY CONGRESS.—Subsection (d)
                                             mittees specified in subsection (f) a report
                                                                                                     114–328; 22 U.S.C. 2656 note) is amended by            of such section is amended—
                                             that includes—
                                                                                                     striking paragraph (2) and inserting the fol-            (A) in paragraph (1)—
                                               (1) a list of foreign persons with respect to
                                                                                                     lowing:                                                  (i) in the matter preceding subparagraph
                                             which the President imposed sanctions pur-
                                                                                                       ‘‘(2) IMMEDIATE FAMILY MEMBER.—The term              (A), by striking ‘‘subsection (a)’’ and insert-
                                             suant to the evaluation under subsection (a);
                                                                                                     ‘immediate family member’, with respect to             ing ‘‘subsection (a)(1)’’; and
                                               (2) the dates on which such sanctions were
                                                                                                     a foreign person, means the spouse, parent,              (ii) in subparagraph (B)(i), by inserting ‘‘or
                                             imposed;
                                                                                                     sibling, or adult child of the person.’’.              an immediate family member of the person’’;
                                               (3) the reasons for imposing such sanc-
                                                                                                       (b) SENSE OF CONGRESS.—The Global                    and
                                             tions; and
                                                                                                     Magnitsky Human Rights Accountability                    (B) in paragraph (2)—
                                               (4) a list of all foreign persons found to
                                                                                                     Act (Subtitle F of title XII of Public Law               (i) in subparagraph (A)—
                                             have been engaged in significant corruption
                                                                                                     114–328; 22 U.S.C. 2656 note) is amended by in-          (I) in the subparagraph heading, by strik-
                                             in relation to the planning, construction, or
                                                                                                     serting after section 1262 the following new           ing ‘‘HUMAN RIGHTS VIOLATIONS’’ and insert-
                                             operation of the Nord Stream 2 pipeline.
                                                                                                     section:                                               ing ‘‘SERIOUS HUMAN RIGHTS ABUSE’’; and
                                               (c) FORM OF REPORT.—Each report required
                                             by subsection (b) shall be submitted in un-             ‘‘SEC. 1262A. SENSE OF CONGRESS.                         (II) by striking ‘‘described in paragraph (1)
                                             classified form but may include a classified              ‘‘It is the sense of Congress that the Presi-        or (2) of subsection (a)’’ and inserting ‘‘de-
                                             annex.                                                  dent should establish and regularize informa-          scribed in subsection (a)(1) relating to seri-
                                               (d) BRIEFING IN LIEU OF REPORT.—The Sec-              tion sharing and sanctions-related decision            ous human rights abuse’’; and
                                             retary of State, in coordination with the               making with like-minded governments pos-                 (ii) in subparagraph (B)—
                                             Secretary of the Treasury, may (except with             sessing human rights and anti-corruption                 (I) in the matter preceding clause (i), by
                                             respect to the list required by subsection              sanctions programs similar in nature to                striking ‘‘described in paragraph (3) or (4) of
                                             (b)(4)) provide a briefing to the committees            those authorized under this subtitle.’’.               subsection (a)’’ and inserting ‘‘described in
                                             specified in subsection (f) instead of submit-            (c) IMPOSITION OF SANCTIONS.—                        subsection (a)(1) relating to corruption or
                                             ting a written report required under sub-                 (1) IN GENERAL.—Subsection (a) of section            the transfer or facilitation of the transfer of
                                             section (b), if doing so would better serve ex-         1263 of the Global Magnitsky Human Rights              the proceeds of corruption’’; and
                                             isting United States anti-corruption efforts            Accountability Act (Subtitle F of title XII of           (II) by striking ‘‘ranking member of’’ and
                                             or the national interests of the Untied                 Public Law 114–328; 22 U.S.C. 2656 note) is            all that follows through the period at the
                                             States.                                                 amended to read as follows:                            end and inserting ‘‘ranking member of one of
                                               (e) TERMINATION OF REQUIREMENTS RELAT-                  ‘‘(a) IN GENERAL.—The President may im-              the appropriate congressional committees’’.
                                             ING TO NORD STREAM 2.—The requirements                  pose the sanctions described in subsection (b)           (4) TERMINATION OF SANCTIONS.—Subsection
                                             under subsections (a)(2) and (b)(4) shall ter-          with respect to—                                       (g) of such section is amended, in the matter
                                             minate on the date that is 5 years after the              ‘‘(1) any foreign person that the President          preceding paragraph (1), by inserting ‘‘and
                                             date of the enactment of this Act.                      determines, based on credible information—             the immediate family members of that per-
                                               (f) COMMITTEES SPECIFIED.—The commit-                   ‘‘(A) is responsible for or complicit in, or         son’’ after ‘‘a person’’.
                                             tees specified in this subsection are—                  has directly or indirectly engaged in, serious
                                                                                                     human rights abuse;                                      (d) REPORTS TO CONGRESS.—Section 1264(a)
                                               (1) the Committee on Foreign Relations,
                                             the Committee on Appropriations, the Com-                 ‘‘(B) is a current or former government of-          of the Global Magnitsky Human Rights Ac-
                                             mittee on Banking, Housing, and Urban Af-               ficial, or a person acting for or on behalf of         countability Act (Subtitle F of title XII of
                                             fairs, and the Committee on the Judiciary of            such an official, who is responsible for or            Public Law 114–328; 22 U.S.C. 2656 note) is
                                             the Senate; and                                         complicit in, or has directly or indirectly en-        amended—
                                               (2) the Committee on Foreign Affairs, the             gaged in—                                                (1) in paragraph (5), by striking ‘‘; and’’ and
                                             Committee on Appropriations, the Com-                     ‘‘(i) corruption, including—                         inserting a semicolon;
                                             mittee on Financial Services, and the Com-                ‘‘(I) the misappropriation of state assets;            (2) in paragraph (6), by striking the period
                                             mittee on the Judiciary of the House of Rep-              ‘‘(II) the expropriation of private assets for       at the end and inserting ‘‘; and’’; and
                                             resentatives.                                           personal gain;                                           (3) by adding at the end the following:
                                             SEC. 5706. DESIGNATION OF EMBASSY ANTI-COR-               ‘‘(III) corruption related to government               ‘‘(7) A description of additional steps taken
                                                         RUPTION POINTS OF CONTACT.                  contracts or the extraction of natural re-             by the President through diplomacy, inter-




dlhill on DSK120RN23PROD with SENATE
                                               (a) IN GENERAL.—The Secretary of State                sources; or                                            national engagement, and assistance to for-
                                             shall annually designate an anti-corruption               ‘‘(IV) bribery; or                                   eign or security sectors to address persistent
                                             point of contact at the United States diplo-              ‘‘(ii) the transfer or facilitation of the           underlying causes of serious human rights
                                             matic post to each country identified as tier           transfer of the proceeds of corruption;                abuse and corruption in each country in
                                             2 or tier 3 under section 5703, or which the              ‘‘(C) is or has been a leader or official of—        which foreign persons with respect to which
                                             Secretary otherwise determines is in need of              ‘‘(i) an entity, including a government en-          sanctions have been imposed under section
                                             such a point of contact. The point of contact           tity, that has engaged in, or whose members            1263 are located.’’.




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                                             November 16, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8313
                                               (e) REPEAL OF SUNSET.—Section 1265 of the             ment operations within the area of responsi-             At the appropriate place in title X, insert
                                             Global Magnitsky Human Rights Account-                  bility of the chief of mission, the Secretary          the following:
                                             ability Act (Subtitle F of title XII of Public          of State shall notify the Committee on For-            SEC. lll. DEVELOPMENT AND TESTING OF DY-
                                             Law 114–328; 22 U.S.C. 2656 note) is repealed.          eign Relations of the Senate and the Com-                         NAMIC SCHEDULING AND MANAGE-
                                                                                                     mittee on Foreign Affairs of the House of                         MENT OF SPECIAL ACTIVITY AIR-
                                                     TITLE IX—OTHER MATTERS
                                                                                                                                                                       SPACE.
                                             SEC. 5901. LIMITATION ON ASSISTANCE TO COUN-            Representatives of the provision of such con-
                                                                                                     currence.                                                (a) SENSE OF CONGRESS ON SPECIAL ACTIV-
                                                          TRIES IN DEFAULT.
                                                                                                                                                            ITY AIRSPACE SCHEDULING AND MANAGE-
                                                Section 620(q) of the Foreign Assistance               (b) QUARTERLY REVIEW, DETERMINATION,
                                                                                                                                                            MENT.—It is the sense of Congress that—
                                             Act of 1961 (22 U.S.C. 2370(q)) is amended—             AND BRIEFING REQUIRED.—Not less frequently
                                                                                                     than every 90 days, the Secretary of State                (1) where it does not conflict with safety,
                                                (1) by striking ‘‘No assistance’’ and insert-                                                               dynamic scheduling and management of spe-
                                             ing the following:                                      shall, in order to ensure support described in
                                                                                                                                                            cial activity airspace (also referred to as
                                                ‘‘(1) No assistance’’;                               subsection (a) continues to align with United
                                                                                                                                                            ‘‘dynamic airspace’’) is expected to optimize
                                                (2) by inserting ‘‘the government of’’ before        States foreign policy objectives and the ob-
                                                                                                                                                            the use of the national airspace system for
                                             ‘‘any country’’;                                        jectives of the Department of State—
                                                                                                                                                            all stakeholders; and
                                                (3) by inserting ‘‘the government of’’ before          (1) conduct a review of any concurrence de-
                                                                                                                                                               (2) the Administrator of the Federal Avia-
                                             ‘‘such country’’ each place it appears;                 scribed in subsection (a) in effect as of the
                                                                                                                                                            tion Administration and the Secretary of De-
                                                (4) by striking ‘‘determines’’ and all that          date of the review;
                                                                                                                                                            fense should take such actions as may be
                                             follows and inserting ‘‘determines, after con-            (2) based on the review, determine whether
                                                                                                                                                            necessary to support ongoing efforts to de-
                                             sultation with the Committee on Foreign Af-             to revoke any such concurrence pending fur-
                                                                                                                                                            velop dynamic scheduling and management
                                             fairs and the Committee on Appropriations               ther study and review; and
                                                                                                                                                            of special activity airspace, including—
                                             of the House of Representatives and the                   (3) brief the Committee on Foreign Rela-
                                                                                                                                                               (A) the continuation of formal partner-
                                             Committee on Foreign Relations and the                  tions of the Senate and the Committee on
                                                                                                                                                            ships between the Federal Aviation Adminis-
                                             Committee on Appropriations of the Senate,              Foreign Affairs of the House of Representa-
                                                                                                                                                            tration and the Department of Defense that
                                             that assistance for such country is in the na-          tives on the results of the review.
                                                                                                                                                            focus on special activity airspace, future air-
                                             tional interest of the United States.’’; and              (c) REVOCATION OF CONCURRENCE.—Based on
                                                                                                                                                            space needs, and joint solutions; and
                                                (5) by adding at the end the following new           the review conducted pursuant to subsection
                                                                                                                                                               (B) maturing research within their feder-
                                             paragraph:                                              (b), the Secretary may revoke any such con-
                                                                                                                                                            ally funded research and development cen-
                                                ‘‘(2) No assistance shall be furnished under         currence.
                                                                                                                                                            ters, Federal partner agencies, and the avia-
                                             this Act, the Peace Corps Act, the Millen-                (d) ANNUAL REPORT REQUIRED.—Not later
                                                                                                                                                            tion community.
                                             nium Challenge Act of 2003, the African De-             than January 31 of each year, the Secretary               (b) PILOT PROGRAM.—
                                             velopment Foundation Act, the BUILD Act                 of State shall submit to the Committee on                 (1) PILOT PROGRAM REQUIRED.—Not later
                                             of 2018, section 504 of the FREEDOM Support             Foreign Relations of the Senate and the                than 90 days after the date of the enactment
                                             Act, or section 23 of the Arms Export Control           Committee on Foreign Affairs of the House              of this Act, the Administrator of the Federal
                                             Act to the government of any country which              of Representatives a report that includes the          Aviation Administration, in coordination
                                             is in default during a period in excess of 1            following:                                             with the Secretary of Defense, shall estab-
                                             calendar year in payment to the United                    (1) A description of any support described           lish a pilot program on developing and test-
                                             States of principal or interest or any loan             in subsection (a) that was provided with the           ing dynamic management of special activity
                                             made to the government of such country by               concurrence of a chief of mission during the           airspace in order to accommodate emerging
                                             the United States unless the President deter-           calendar year preceding the calendar year in           military training requirements through
                                             mines, following consultation with the con-             which the report is submitted.                         flexible scheduling, along with increasing ac-
                                             gressional committees specified in paragraph              (2) An analysis of the effects of the support        cess to existing special activity airspace
                                             (1), that assistance for such country is in the         described in paragraph (1) on diplomatic               used by the Department of Defense for test
                                             national interest of the United States.’’.              lines of effort, including with respect to—            and training.
                                             SEC. 5902. SEAN AND DAVID GOLDMAN CHILD AB-               (A)     Nonproliferation,     Anti-terrorism,           (2) TESTING OF SPECIAL ACTIVITY AIRSPACE
                                                          DUCTION PREVENTION AND RETURN              Demining, and Related Programs (NADR)                  SCHEDULING AND MANAGEMENT.—Under the
                                                          ACT OF 2014 AMENDMENT.                     and associated Anti-Terrorism Assistance               pilot program established under paragraph
                                               Subsection (b) of section 101 of the Sean             (ATA) programs;                                        (1), the Administrator and the Secretary
                                             and David Goldman International Child Ab-                 (B) International Narcotics Control and              shall jointly test not fewer than three areas
                                             duction Prevention and Return Act of 2014               Law Enforcement (INCLE) programs; and                  of episodic or permanent special activity air-
                                             (22 U.S.C. 9111; Public Law 113–150) is amend-            (C) Foreign Military Sales (FMS), Foreign            space designated by the Federal Aviation Ad-
                                             ed—                                                     Military Financing (FMF), and associated               ministration for use by the Department of
                                               (1) in paragraph (2)—                                 training programs.                                     Defense, of which—
                                               (A) in subparagraph (A)—                              SEC.   5904.    REPORT ON EFFORTS OF THE                  (A) at least one shall be over coastal
                                               (i) by inserting ‘‘, respectively,’’ after ‘‘ac-                     CORONAVIRUS REPATRIATION TASK
                                                                                                                                                            waters of the United States;
                                             cess cases’’; and                                                      FORCE.
                                                                                                                                                               (B) at least two shall be over land of the
                                               (ii) by inserting ‘‘and the number of chil-             Not later than 90 days after the date of the         United States;
                                             dren involved’’ before the semicolon at the             enactment of this Act, the Secretary of                   (C) access to airspace available for test and
                                             end; and                                                State shall submit to the appropriate con-             training is increased to accommodate dy-
                                               (B) in subparagraph (D), by inserting ‘‘re-           gressional committees, the Committee on                namic scheduling of existing airspace to
                                             spectively, the number of children involved,’’          Armed Services of the House of Representa-             more efficiently and realistically provide
                                             after ‘‘access cases,’’;                                tives, and the Committee on Armed Services             test and training capabilities to Department
                                               (2) in paragraph (7), by inserting ‘‘, and            of the Senate a report evaluating the efforts          of Defense aircrews; and
                                             number of children involved in such cases’’             of the Coronavirus Repatriation Task Force                (D) any increase in access to airspace made
                                             before the semicolon at the end;                        of the Department of State to repatriate               available for test and training shall not con-
                                               (3) in paragraph (8), by striking ‘‘and’’             United States citizens and legal permanent             flict with the safe management of the na-
                                             after the semicolon at the end;                         residents in response to the 2020 coronavirus          tional airspace system or the safety of all
                                               (4) in paragraph (9), by striking the period          outbreak. The report shall identify—                   stakeholders of the national airspace sys-
                                             at the end and inserting ‘‘; and’’; and                   (1) the most significant impediments to re-          tem.
                                               (5) by adding at the end the following new            patriating such persons;                                  (c) REPORT BY THE ADMINISTRATOR.—
                                             paragraph:                                                (2) the lessons learned from such repatri-              (1) IN GENERAL.—Not less than two years
                                               ‘‘(10) the total number of pending cases the          ations; and                                            after the date of the establishment of the
                                             Department of State has assigned to case of-              (3) any changes planned to future repatri-           pilot program under subsection (b)(1), the
                                             ficers and number of children involved for              ation efforts of the Department of State to            Administrator shall submit to the appro-
                                             each country and as a total for all coun-               incorporate such lessons learned.                      priate committees of Congress a report on
                                             tries.’’.                                                                     ---                              the interim findings of the Administrator
                                             SEC. 5903. CONGRESSIONAL OVERSIGHT, QUAR-                 SA 4731. Mr. THUNE submitted an                      with respect to the pilot program.
                                                         TERLY REVIEW, AND AUTHORITY RE-             amendment intended to be proposed by                      (2) ELEMENTS.—The report submitted under
                                                         LATING TO CONCURRENCE PRO-
                                                         VIDED BY CHIEFS OF MISSION FOR              him to the bill H.R. 4350, to authorize                paragraph (1) shall include the following:
                                                         THE PROVISION OF SUPPORT RE-                appropriations for fiscal year 2022 for                   (A) An analysis of how the pilot program
                                                         LATING   TO   CERTAIN   UNITED              military activities of the Department                  established under subsection (b)(1) affected




dlhill on DSK120RN23PROD with SENATE
                                                         STATES GOVERNMENT OPERATIONS.
                                                                                                     of Defense, for military construction,                 access to special activity airspace by non-
                                               (a) NOTIFICATION REQUIRED.—Not later                                                                         military users of the national airspace sys-
                                                                                                     and for defense activities of the De-
                                             than 30 days after the date on which a chief                                                                   tem.
                                             of mission provides concurrence for the pro-            partment of Energy, to prescribe mili-                    (B) An analysis of whether the dynamic
                                             vision of United States Government support              tary personnel strengths for such fiscal               management of special activity airspace con-
                                             to entities or individuals engaged in facili-           year, and for other purposes; which was                ducted for the pilot program established
                                             tating or supporting United States Govern-              ordered to lie on the table; as follows:               under subsection (b)(1) contributed to more




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                                             S8314                                             CONGRESSIONAL RECORD — SENATE                                                  November 16, 2021
                                             efficient use of the national airspace system             ‘‘(B) that is required to file reports under         the session of the Senate on Tuesday,
                                             by all stakeholders.                                    section 15(d).                                         November 16, 2021, at 2:30 p.m., to con-
                                               (d) REPORT BY THE SECRETARY.—Not less                   ‘‘(b) REQUIREMENT TO ISSUE RULES.—Not                duct a closed briefing.
                                             than two years after the date of the estab-             later than 360 days after the date of enact-
                                             lishment of the pilot program under sub-                ment of this section, the Commission shall                               f
                                             section (b)(1), the Secretary shall submit to           issue final rules to require each reporting
                                             the appropriate committees of Congress a re-            company, in the annual report of the report-                    U.S. SUPREME COURT
                                             port on the interim findings of the Secretary           ing company submitted under section 13 or
                                             with respect to the pilot program. Such re-                                                                       Mr. WHITEHOUSE. Mr. President, I
                                                                                                     section 15(d) or in the annual proxy state-
                                             port shall include an analysis of how the               ment of the reporting company submitted                rise today for now the ninth time to
                                             pilot program affected military test and                under section 14(a)—                                   unmask the rightwing, dark money
                                             training.                                                 ‘‘(1) to disclose whether any member of the          scheme to capture our Supreme Court.
                                               (e) DEFINITIONS.—In this section:                     governing body, such as the board of direc-            I say ‘‘capture’’ in the sense of regu-
                                               (1) The term ‘‘appropriate committees of              tors or general partner, of the reporting              latory capture, an Agency capture—a
                                             Congress’’ means—                                       company has expertise or experience in cy-
                                               (A) the Committee on Commerce, Science,
                                                                                                                                                            well-known phenomenon.
                                                                                                     bersecurity and in such detail as necessary               Today, I turn to an important tool of
                                             and Transportation and the Committee on                 to fully describe the nature of the expertise
                                             Armed Services of the Senate; and                                                                              the scheme’s apparatus: the orches-
                                                                                                     or experience; and
                                               (B) the Committee on Transportation and                 ‘‘(2) if no member of the governing body of          trated amicus curiae brief.
                                             Infrastructure, the Committee on Science,               the reporting company has expertise or expe-              So, first things first, amicus—or
                                             Space, and Technology, and the Committee                rience in cybersecurity, to describe what              friend of the court—briefs are an im-
                                             on Armed Services of the House of Rep-                  other aspects of the reporting company’s cy-           portant instrument in our judicial sys-
                                             resentatives.                                           bersecurity were taken into account by any             tem. They help those who aren’t par-
                                               (2) The term ‘‘special activity airspace’’            person, such as an official serving on a nomi-
                                             means the following airspace with defined di-
                                                                                                                                                            ties to a case to share their expertise,
                                                                                                     nating committee, that is responsible for              insight, or advocacy with the Court. I
                                             mensions within the National Airspace Sys-              identifying and evaluating nominees for
                                             tem wherein limitations may be imposed                                                                         file them myself. ‘‘Friend of the court’’
                                                                                                     membership to the governing body.
                                             upon aircraft operations:                                 ‘‘(c) CYBERSECURITY EXPERTISE OR EXPERI-             briefs are necessary and useful, usu-
                                               (A) Restricted areas.                                 ENCE.—For purposes of subsection (b), the              ally.
                                               (B) Military operations areas.                        Commission, in consultation with NIST,                    However, in recent years, the Court
                                               (C) Air Traffic Control assigned airspace.            shall define what constitutes expertise or ex-         has had a lot more friends than it used
                                               (D) Warning areas.                                    perience in cybersecurity using commonly               to. Amici filed 781 briefs in the 2014 Su-
                                                                   ---                               defined roles, specialties, knowledge, skills,
                                               SA 4732. Mr. REED submitted an                                                                               preme Court term—a more than 800-
                                                                                                     and abilities, such as those provided in NIST          percent increase from the 1950s and a
                                             amendment intended to be proposed to                    Special Publication 800–181, entitled ‘Na-
                                             amendment SA 3867 submitted by Mr.                                                                             95-percent increase just from 1995. In
                                                                                                     tional Initiative for Cybersecurity Education
                                             REED and intended to be proposed to                     (NICE) Cybersecurity Workforce Frame-                  the 2010 term, 715 amicus briefs were
                                             the bill H.R. 4350, to authorize appro-                 work’, or any successor thereto.’’.                    filed in 78 cases. By 2019, that number
                                             priations for fiscal year 2022 for mili-                                 f
                                                                                                                                                            had swelled to 911 briefs in just 57
                                             tary activities of the Department of                                                                           cases. The average number of briefs per
                                             Defense, for military construction, and                  AUTHORITY FOR COMMITTEES TO                           argued case almost doubled—from 9 in
                                             for defense activities of the Depart-                                    MEET                                  2010 to 16 in 2019.
                                             ment of Energy, to prescribe military                     Mrs. MURRAY. Mr. President, I have                      There is another odd feature to this
                                             personnel strengths for such fiscal                     5 requests for committees to meet dur-                 uptick of amicus briefs. Most of the
                                             year, and for other purposes; which was                 ing today’s session of the Senate. They                time, you file an amicus brief when the
                                             ordered to lie on the table; as follows:                have the approval of the Majority and                  Justices have taken a case and are
                                               At the appropriate place, insert the fol-             Minority Leaders.                                      poised to actually decide the outcome
                                             lowing:                                                   Pursuant to rule XXVI, paragraph                     of that case, at the so-called merits
                                             SEC. lll. CYBERSECURITY TRANSPARENCY.                   5(a), of the Standing Rules of the Sen-                stage of the case, which makes sense
                                               The Securities Exchange Act of 1934 (15               ate, the following committees are au-                  because this is when the rulings actu-
                                             U.S.C. 78a et seq.) is amended by inserting             thorized to meet during today’s session                ally become law. But these days, more
                                             after section 14B (15 U.S.C. 78n–2) the fol-            of the Senate:                                         and more amici arrive when the Court
                                             lowing:                                                                                                        considers whether to take up the case,
                                             ‘‘SEC. 14C. CYBERSECURITY TRANSPARENCY.                       COMMITTEE ON ENERGY AND NATURAL
                                                ‘‘(a) DEFINITIONS.—In this section—                                   RESOURCES                             when the Justices are deciding whether
                                               ‘‘(1) the term ‘cybersecurity’ means any                Committee on Energy and Natural                      to grant certiorari, or cert. Between
                                             action, step, or measure to detect, prevent,            Resources is authorized to meet during                 1982 and 2014, the percentage of peti-
                                             deter, mitigate, or address any cybersecurity           the session of the Senate on Tuesday,                  tions with at least one cert-stage ami-
                                             threat or any potential cybersecurity threat;           November 16, 2021, at 10:00 a.m., to con-              cus more than doubled.
                                               ‘‘(2) the term ‘cybersecurity threat’—                duct a hearing.                                           Justices pay attention to amicus
                                               ‘‘(A) means an action, not protected by the                                                                  briefs. The Court cited amicus briefs
                                                                                                           COMMITTEE ON ENERGY AND NATURAL
                                             First Amendment to the Constitution of the                                                                     606 times in 417 opinions from 2008 to
                                                                                                                      RESOURCES
                                             United States, on or through an information
                                                                                                       The Committee on Energy and Nat-                     2013—far more than in the past. These
                                             system that may result in an unauthorized
                                             effort to adversely impact the security,                ural Resources is authorized to meet                   briefs don’t always add value, and top
                                             availability, confidentiality, or integrity of          during the session of the Senate on                    appellate judges are beginning to sound
                                             an information system or information that               Tuesday, November 16, 2021, at 10:00                   that alarm.
                                             is stored on, processed by, or transiting an            a.m., to conduct a business meeting.                      Seventh     Circuit  Judge     Michael
                                             information system; and                                                                                        Scudder said in 2020: ‘‘Too many ami-
                                                                                                                  COMMITTEE ON FINANCE
                                               ‘‘(B) does not include any action that sole-                                                                 cus briefs do not even pretend to offer
                                             ly involves a violation of a consumer term of             The Committee on Finance is author-
                                                                                                                                                            value and instead merely repeat . . . a
                                             service or a consumer licensing agreement;              ized to meet during the session of the
                                                                                                                                                            party’s position’’ and ‘‘serve only as a
                                               ‘‘(3) the term ‘information system’—                  Senate on Tuesday, November 16, 2021,
                                               ‘‘(A) has the meaning given the term in                                                                      show of hands on what interest groups
                                                                                                     at 10:15 a.m., to conduct a hearing on
                                             section 3502 of title 44, United States Code;                                                                  are rooting for what outcome.’’
                                                                                                     nominations.
                                             and                                                                                                               OK. So what does this have to do
                                                                                                               COMMITTEE ON THE JUDICIARY
                                               ‘‘(B) includes industrial control systems,                                                                   with the scheme?
                                             such as supervisory control and data acquisi-             The Committee on the Judiciary is                       Well, what happens if the Justices
                                             tion systems, distributed control systems,              authorized to meet during the session                  whom dark money forces ushered onto




dlhill on DSK120RN23PROD with SENATE
                                             and programmable logic controllers;                     of the Senate on Tuesday, November                     the Court are looking for that show of
                                               ‘‘(4) the term ‘NIST’ means the National              16, 2021, at 10:00 a.m., to conduct a                  hands?
                                             Institute of Standards and Technology; and              hearing.
                                               ‘‘(5) the term ‘reporting company’ means                                                                        I doubt it is just a coincidence that
                                             any company that is an issuer—                                SELECT COMMITTEE ON INTELLIGENCE                 the rightwing donor machine that set
                                               ‘‘(A) the securities of which are registered            The Select Committee on Intel-                       out to capture the Court has also
                                             under section 12; or                                    ligence is authorized to meet during                   kicked into gear flotillas of amici that



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