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.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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
dlhill on DSK120RN23PROD with SENATE
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:
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.031 S16NOPT1
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-
dlhill on DSK120RN23PROD with SENATE
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.035 S16NOPT1
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-
dlhill on DSK120RN23PROD with SENATE
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:
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.036 S16NOPT1
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,
dlhill on DSK120RN23PROD with SENATE
(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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.036 S16NOPT1
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
dlhill on DSK120RN23PROD with SENATE
(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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.037 S16NOPT1
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).
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.034 S16NOPT1
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:
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.034 S16NOPT1
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
dlhill on DSK120RN23PROD with SENATE
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—
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.048 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.048 S16NOPT1
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.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.048 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.048 S16NOPT1
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.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.048 S16NOPT1
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—
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.048 S16NOPT1
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).
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.048 S16NOPT1
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.’’;
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.048 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.048 S16NOPT1
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—
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.045 S16NOPT1
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)
dlhill on DSK120RN23PROD with SENATE
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.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.045 S16NOPT1
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
dlhill on DSK120RN23PROD with SENATE
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.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.045 S16NOPT1
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-
dlhill on DSK120RN23PROD with SENATE
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.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.045 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.045 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.045 S16NOPT1
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-
dlhill on DSK120RN23PROD with SENATE
‘‘(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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.045 S16NOPT1
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.
dlhill on DSK120RN23PROD with SENATE
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.045 S16NOPT1
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-
dlhill on DSK120RN23PROD with SENATE
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—
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.045 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.045 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.045 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.045 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.043 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.043 S16NOPT1
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:
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.044 S16NOPT1
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.
dlhill on DSK120RN23PROD with SENATE
(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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.044 S16NOPT1
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.’’.
dlhill on DSK120RN23PROD with SENATE
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.041 S16NOPT1
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.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.041 S16NOPT1
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—
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.047 S16NOPT1
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.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.040 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.040 S16NOPT1
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:
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.061 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.061 S16NOPT1
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;
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.061 S16NOPT1
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,
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.058 S16NOPT1
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.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.058 S16NOPT1
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:
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.057 S16NOPT1
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.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.046 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.046 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.054 S16NOPT1
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:
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.054 S16NOPT1
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.
VerDate Sep 11 2014 05:16 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.053 S16NOPT1
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
dlhill on DSK120RN23PROD with SENATE
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.—
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.065 S16NOPT1
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.—
dlhill on DSK120RN23PROD with SENATE
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.065 S16NOPT1
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.’’.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.062 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.059 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.059 S16NOPT1
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.
dlhill on DSK120RN23PROD with SENATE
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.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0655 E:\CR\FM\A16NO6.060 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.056 S16NOPT1
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;
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.056 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.055 S16NOPT1
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.—
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1
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’’.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1
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
dlhill on DSK120RN23PROD with SENATE
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1
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-
dlhill on DSK120RN23PROD with SENATE
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1
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-
dlhill on DSK120RN23PROD with SENATE
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:
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1
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.’’.
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1
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
VerDate Sep 11 2014 03:29 Nov 17, 2021 Jkt 029060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A16NO6.063 S16NOPT1
File and source
- File
- CREC_crec-2021-11-16_crec-2021-11-16-pt1-pgs8245.pdf
- Size
- 1,128,552 bytes
- SHA-256
- a8c70b3cc33c7e6f7bc4ff5643a20d06abdda6d5475756503f6bf0b2481f6c29
- Original
- www.govinfo.gov