Amendments to SA 3867 on H.R. 4350 — Congressional Record, Senate, November 17, 2021
Summary
This is S8352 of the Congressional Record, Senate, November 17, 2021, with interleaved columns of submitted amendments to H.R. 4350, the defense authorization bill for fiscal year 2022. The listed amendments, intended to be proposed to amendment SA 3867 submitted by Mr. Reed, include SA 4733 by Mr. Rubio and others, SA 4771 by Mr. Hickenlooper and others, SA 4774 by Mr. Inhofe, and SA 4775 by Mr. Reed. The printed text includes provisions on public-private talent exchange programs for quantum information sciences and technology research and on the establishment of a United States-Israel Artificial Intelligence Center by the Secretary of State.
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
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“Amendments to SA 3867 on H.R. 4350 — Congressional Record, Senate, November 17, 2021.”
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S8352 CONGRESSIONAL RECORD — SENATE November 17, 2021
amendment SA 3867 submitted by Mr. REED TEXT OF AMENDMENTS of the Department of Defense, for mili-
and intended to be proposed to the bill H.R. tary construction, and for defense ac-
4350, supra; which was ordered to lie on the SA 4733. Mr. RUBIO (for himself, Ms.
CANTWELL, Mrs. BLACKBURN, Ms. tivities of the Department of Energy,
table.
ROSEN, Ms. COLLINS, Ms. HASSAN, Mr. to prescribe military personnel
SA 4770. Ms. MURKOWSKI (for herself, Mr.
KING, and Mr. SULLIVAN) submitted an CRAPO, Mr. PETERS, and Mr. KING) sub- strengths for such fiscal year, and for
amendment intended to be proposed to mitted an amendment intended to be other purposes; which was ordered to
amendment SA 3867 submitted by Mr. REED proposed to amendment SA 3867 sub- lie on the table; as follows:
and intended to be proposed to the bill H.R. mitted by Mr. REED and intended to be At the appropriate place in title II, insert
4350, supra; which was ordered to lie on the proposed to the bill H.R. 4350, to au- the following:
table. SEC. 2ll. APPLICATION OF PUBLIC-PRIVATE
thorize appropriations for fiscal year TALENT EXCHANGE PROGRAMS IN
SA 4771. Mr. HICKENLOOPER (for himself,
2022 for military activities of the De- THE DEPARTMENT OF DEFENSE TO
Mr. CRAMER, Mr. KELLY, and Mr. MORAN)
submitted an amendment intended to be pro- partment of Defense, for military con- QUANTUM INFORMATION SCIENCES
struction, and for defense activities of AND TECHNOLOGY RESEARCH.
posed to amendment SA 3867 submitted by
the Department of Energy, to prescribe In carrying out section 1599g of title 10,
Mr. REED and intended to be proposed to the
military personnel strengths for such United States Code, the Secretary of Defense
bill H.R. 4350, supra; which was ordered to lie
may establish public-private exchange pro-
on the table. fiscal year, and for other purposes; grams, each with up to 10 program partici-
SA 4772. Mr. VAN HOLLEN (for himself which was ordered to lie on the table; pants, focused on private sector entities
and Mr. TILLIS) submitted an amendment in- as follows: working on quantum information sciences
tended to be proposed to amendment SA 3867
At the end of subtitle G of title XII, add and technology research applications.
submitted by Mr. REED and intended to be
the following: SEC. 2ll. BRIEFING ON SCIENCE, MATHE-
proposed to the bill H.R. 4350, supra; which MATICS, AND RESEARCH FOR
SECTION 1283. UNITED STATES–ISRAEL ARTIFI-
was ordered to lie on the table. CIAL INTELLIGENCE CENTER. TRANSFORMATION (SMART) DE-
SA 4773. Mr. MARKEY submitted an (a) SHORT TITLE.—This section may be FENSE EDUCATION PROGRAM.
amendment intended to be proposed to cited as the ‘‘United States-Israel Artificial Not later than three years after the date of
amendment SA 3867 submitted by Mr. REED Intelligence Center Act’’. the enactment of this Act, the Secretary of
and intended to be proposed to the bill H.R. (b) ESTABLISHMENT OF CENTER.—The Sec- Defense shall provide Congress with a brief-
4350, supra; which was ordered to lie on the retary of State, in consultation with the ing on participation and use of the program
table. Secretary of Commerce, the Director of the under section 2192a of title 10, United States
SA 4774. Mr. INHOFE submitted an amend- National Science Foundation, and the heads Code, as amended by this subsection, with a
ment intended to be proposed to amendment of other relevant Federal agencies, may es- particular focus on levels of interest from
SA 3867 submitted by Mr. REED and intended tablish the United States–Israel Artificial students engaged in studying quantum
to be proposed to the bill H.R. 4350, supra; Intelligence Center (referred to in this sec- fields.
which was ordered to lie on the table. tion as the ‘‘Center’’) in the United States. SEC. 2ll. IMPROVEMENTS TO DEFENSE QUAN-
SA 4775. Mr. REED submitted an amend- (c) PURPOSE.—The purpose of the Center TUM INFORMATION SCIENCE AND
ment intended to be proposed to amendment shall be to leverage the experience, knowl- TECHNOLOGY RESEARCH AND DE-
SA 3867 submitted by Mr. REED and intended VELOPMENT PROGRAM.
edge, and expertise of institutions of higher
to be proposed to the bill H.R. 4350, supra; education and private sector entities in the (a) FELLOWSHIP PROGRAM AUTHORIZED.—
which was ordered to lie on the table. United States and Israel to develop more ro- Section 234 of the John S. McCain National
SA 4776. Mr. PETERS (for himself, Mr. bust research and development cooperation Defense Authorization Act for Fiscal Year
PORTMAN, and Mr. GRASSLEY) submitted an in the areas of— 2019 (Public Law 115–232; 10 U.S.C. 2358 note)
amendment intended to be proposed to (1) machine learning; is amended—
amendment SA 3867 submitted by Mr. REED (2) image classification; (1) by redesignating subsection (f) as sub-
and intended to be proposed to the bill H.R. (3) object detection; section (g); and
4350, supra; which was ordered to lie on the (4) speech recognition; (2) by inserting after subsection (e) the fol-
table. (5) natural language processing; lowing new subsection (f):
(6) data labeling; ‘‘(f) FELLOWSHIPS.—
SA 4777. Mrs. FISCHER (for herself and Ms.
(7) computer vision; and ‘‘(1) PROGRAM AUTHORIZED.—In carrying
KLOBUCHAR) submitted an amendment in-
(8) model explainability and out the program required by subsection (a)
tended to be proposed to amendment SA 3867
interpretability. and subject to the availability of appropria-
submitted by Mr. REED and intended to be
(d) ARTIFICIAL INTELLIGENCE PRINCIPLES.— tions to carry out this subsection, the Sec-
proposed to the bill H.R. 4350, supra; which
In carrying out the purposes set forth in sub- retary may carry out a program of fellow-
was ordered to lie on the table.
section (c), the Center shall adhere to the ships in quantum information science and
SA 4778. Mr. BOOKER (for himself, Mr. technology research and development for in-
CORNYN, Mr. COONS, Mr. PORTMAN, Mr. GRA- principles for the use of artificial intel-
ligence in the Federal Government set forth dividuals who have a graduate or post-grad-
HAM, and Mr. CARPER) submitted an amend-
in section 3 of Executive Order 13960 (85 Fed. uate degree.
ment intended to be proposed to amendment ‘‘(2) EQUAL ACCESS.—In carrying out the
SA 3867 submitted by Mr. REED and intended Reg. 78939).
(e) INTERNATIONAL PARTNERSHIPS.— program under paragraph (1), the Secretary
to be proposed to the bill H.R. 4350, supra; may establish procedures to ensure that mi-
which was ordered to lie on the table. (1) IN GENERAL.—The Secretary of State
and the heads of other relevant Federal nority, geographically diverse, and economi-
SA 4779. Mr. PETERS (for himself, Mr. cally disadvantaged students have equal ac-
PORTMAN, and Mr. GRASSLEY) submitted an agencies, subject to the availability of ap-
propriations, may enter into cooperative cess to fellowship opportunities under such
amendment intended to be proposed to program.’’.
amendment SA 3867 submitted by Mr. REED agreements supporting and enhancing dia-
logue and planning involving international (b) MULTIDISCIPLINARY PARTNERSHIPS WITH
and intended to be proposed to the bill H.R. UNIVERSITIES.—Such section is further
4350, supra; which was ordered to lie on the partnerships between the Department of
State or such agencies and the Government amended—
table. (1) by redesignating subsection (g), as re-
of Israel and its ministries, offices, and insti-
SA 4780. Mr. PETERS (for himself, Mr. designated by subsection (a)(1), as subsection
tutions.
PORTMAN, and Mr. GRASSLEY) submitted an (h); and
(2) FEDERAL SHARE.—Not more than 50 per-
amendment intended to be proposed to (2) by inserting after subsection (f), as
cent of the costs of implementing the agree-
amendment SA 3867 submitted by Mr. REED added by subsection (a)(2), the following new
ments entered into pursuant to paragraph (1)
and intended to be proposed to the bill H.R. subsection (g):
may be paid by the United States Govern-
4350, supra; which was ordered to lie on the ‘‘(g) MULTIDISCIPLINARY PARTNERSHIPS
ment.
table. WITH UNIVERSITIES.—In carrying out the pro-
(f) AUTHORIZATION OF APPROPRIATIONS.—
SA 4781. Mr. RISCH submitted an amend- There is authorized to be appropriated for gram under subsection (a), the Secretary of
ment intended to be proposed to amendment the Center $10,000,000 for each of the fiscal Defense may develop partnerships with uni-
SA 3867 submitted by Mr. REED and intended years 2022 through 2026. versities to enable students to engage in
to be proposed to the bill H.R. 4350, supra; multidisciplinary courses of study.’’.
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---
which was ordered to lie on the table. SA 4734. Ms. HASSAN (for herself and (c) COMPTROLLER GENERAL OF THE UNITED
SA 4782. Mr. CORNYN (for himself, Mr. Mr. THUNE) submitted an amendment STATES ASSESSMENT OF PROGRAM.—
COONS, Mr. YOUNG, and Mr. LEAHY) sub- (1) ASSESSMENT AND BRIEFING.—Not later
intended to be proposed to amendment
mitted an amendment intended to be pro- than 180 days after the date of the enactment
posed to amendment SA 3867 submitted by SA 3867 submitted by Mr. REED and in- of this Act, the Comptroller General of the
Mr. REED and intended to be proposed to the tended to be proposed to the bill H.R. United States shall—
bill H.R. 4350, supra; which was ordered to lie 4350, to authorize appropriations for (A) commence an assessment of the pro-
on the table. fiscal year 2022 for military activities gram carried out under section 234 of the
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8353
John S. McCain National Defense Authoriza- rials to assist members of the armed forces ‘‘§ 1805. Definitions
tion Act for Fiscal Year 2019 (Public Law and civilian employees of the Department of ‘‘The following definitions apply in this
115–232; 10 U.S.C. 2358 note), as amended by Defense in identifying, preventing, respond- chapter:
this section, with consideration of the report ing to, reporting, and mitigating the risk of ‘‘(1) The term ‘Deputy Inspector General’
submitted under subsection (h) of such sec- extremist activities. means the Deputy Inspector General of the
tion (as redesignated by subsection (b)(2) of ‘‘(b) CONTENT.—The training and education Department of Defense for Diversity and In-
this section); and described in subsection (a) shall include spe- clusion and Supremacist, Extremist, and
(B) provide the congressional defense com- cific material for activities determined by Criminal Gang Activity established by Sec-
mittees a briefing on the preliminary find- the Senior Official for Countering Extre- tion 554 of the William M. (Mac) Thornberry
ings of the Comptroller General with respect mism as high risk for extremist activities, National Defense Authorization Act for Fis-
to such program. including recruitment activities and sepa- cal Year 2021 (Public Law 116–283).
(2) FINAL REPORT.—At a date agreed to by rating members of the armed forces. ‘‘(2) The term ‘extremist activities’ shall—
the Comptroller General and the congres- ‘‘(c) REQUIREMENTS.—The Secretary of De- ‘‘(A) have the meaning prescribed by the
sional defense committees at the briefing fense, in consultation with the Secretary of Secretary of Defense; and
provided pursuant to paragraph (1)(B), the Homeland Security, shall provide the train- ‘‘(B) include affiliation with (including
Comptroller General shall submit to the con- ing and education described in subsection membership in) an extremist organization.
gressional defense committees a final report (a)— ‘‘(3) The term ‘extremist insider threat’
with the findings of the Comptroller General ‘‘(1) to a member of the armed forces, civil- means a member of the armed forces or civil-
with respect to the assessment conducted ian employee of the Department of Defense, ian employee of the Department of Defense
under paragraph (1)(A). cadet at a military service academy, or an with access to government information, sys-
--- individual in a pre-commissioning program tems, or facilities, who—
SA 4735. Mr. WARNER submitted an no less than once a year; ‘‘(A) can use such access to do harm to the
amendment intended to be proposed to ‘‘(2) to a member of the armed forces whose security of the United States; and
discharge (regardless of character of dis-
amendment SA 3867 submitted by Mr. ‘‘(B) engages in extremist activities.
charge) or release from active duty is antici- ‘‘(4) The term ‘extremist organization’
REED and intended to be proposed to pated as of a specific date within the time
the bill H.R. 4350, to authorize appro- shall have the meaning prescribed by the
period specified under section 1142(a)(3) of Secretary of Defense.
priations for fiscal year 2022 for mili- this title; ‘‘(5) The term ‘principal’ means a member
tary activities of the Department of ‘‘(3) to a member of the armed forces per- of the armed forces or civilian employee of
Defense, for military construction, and forming recruitment activities within the 30 the Department of Defense who engages in
for defense activities of the Depart- days prior to commencing such activities; an extremist activity, or aids, abets, coun-
ment of Energy, to prescribe military and sels, commands, or procures its commis-
‘‘(4) additionally as determined by the Sec-
personnel strengths for such fiscal sion.’’; and
retary of Defense. (B) in chapter 39, by inserting after section
year, and for other purposes; which was
‘‘§ 1803. Data collection and analysis 985 the following new section:
ordered to lie on the table; as follows:
‘‘(a) IN GENERAL.—The Senior Official for ‘‘§ 986. Prohibition on extremist activities
At the end of subtitle E of title V, add the Countering Extremism, in consultation with
following: ‘‘(a) PROHIBITION.—An individual who en-
the Deputy Inspector General, shall establish
SEC. 576.
COUNTERING EXTREMISM IN THE gages in extremist activities may not serve
and maintain a database on extremist activi-
ARMED FORCES. as a member of the armed forces.
ties in the Department of Defense.
(a) COUNTERING EXTREMISM.— ‘‘(b) CONTENT.—The database established ‘‘(b) REGULATIONS.—The Secretary of De-
(1) IN GENERAL.—Title 10, United States under subsection (a) shall— fense shall prescribe regulations regarding
Code, is amended— ‘‘(1) include records on each allegation, in- the separation of a member of the armed
(A) in Part II of subtitle A, by adding at vestigation, disciplinary action, and separa- forces who engages in extremist activities.
the end the following new chapter: ‘‘(c) DISSEMINATION OF EXTREMIST CON-
tion related to extremist activities within
TENT.—The Secretary of Defense may use ex-
‘‘CHAPTER 89—COUNTERING EXTREMISM the Department of Defense;
tremist content knowingly shared, dissemi-
‘‘1801. Senior Official for Countering Extre- ‘‘(2) include, as appropriate, information
nated, or otherwise made available online
mism. related to extremist activities in the armed
(including on social media platforms and ac-
‘‘1802. Training and education. forces provided by or generated from infor-
counts) by an individual who serves in an
‘‘1803. Data collection and analysis. mation from a Federal law enforcement
armed force as cause for involuntary separa-
‘‘1804. Reporting requirements. agency; and
tion of such individual from an armed force.
‘‘1805. Definitions. ‘‘(3) any other requirements prescribed by
‘‘(d) DEFINITIONS.—In this section:
the Secretary of Defense, in consultation
‘‘§ 1801. Senior Official for Countering Extre- ‘‘(1) The term ‘extremist activities’ has the
with the Secretary of Homeland Security.
mism meaning given such term in section 1805 of
‘‘§ 1804. Reporting requirements this title.
‘‘(a) DESIGNATION.—The Secretary of De-
fense shall designate an Under Secretary of ‘‘(a) ANNUAL REPORT.—Not later than De- ‘‘(2) The term ‘extremist content’ means
Defense as the Senior Official for Countering cember 1 of each year, the Deputy Inspector content that expresses support for extremist
Extremism. General, through the Senior Official for activities (as that term is defined in section
‘‘(b) DUTIES.—The Senior Official shall— Countering Extremism and the Inspector 1805 of this title).’’.
‘‘(1) coordinate and facilitate programs, re- General, shall submit to Congress a report (2) CLERICAL AMENDMENTS.—
sources, and activities within the Depart- on the prevalence of extremist activities (A) PART II OF SUBTITLE A.—The table of
ment of Defense to counter extremist activi- within the Department of Defense. chapters for part II of subtitle A of title 10,
ties, to include screening of publicly avail- ‘‘(b) ELEMENTS.—The report required by United States Code, is amended by inserting
able information and Insider Threat Pro- subsection (a) shall include each of the fol- after the item relating to chapter 88 the fol-
grams; lowing elements: lowing new item:
‘‘(2) coordinate with Federal, State, and ‘‘(1) The number of extremist activity alle-
‘‘CHAPTER 89—COUNTERING EXTREMISM’’.
local enforcement organizations to counter gations, investigations, disciplinary actions,
and separations disaggregated data by the (B) CHAPTER 39.—The table of sections at
extremism within the Department of De- the beginning of chapter 39 is amended by in-
fense; armed force, race, gender, ethnicity, grade,
and rank of the principal. serting after the item relating to section 985
‘‘(3) coordinate with the Secretary of Vet- the following new item:
erans Affairs on addressing and preventing ‘‘(2) An analysis and assessment of trends
in the incidence and disposition of extremist ‘‘986. Prohibition on extremist activities.’’.
extremist activities following an individual’s
activities during the year covered by the re- (b) COORDINATION OF EFFORTS WITH INSPEC-
separation from the armed forces;
port. TOR GENERAL.—Section 554(a)(3) of the Wil-
‘‘(4) engage and interact with, and solicit
‘‘(3) Any other matters as determined by liam M. (Mac) Thornberry National Defense
recommendations from, outside experts on
the Senior Official for Countering Extre- Authorization Act for Fiscal Year 2021 (Pub-
extremist activities; and
mism. lic Law 116–283) is amended by adding at the
‘‘(5) perform any additional duties pre-
‘‘(c) PUBLICATION.—The Secretary of De- end the following new subparagraph:
scribed by the Secretary of Defense, in con-
fense shall— ‘‘(E) The Senior Official for Countering Ex-
SSpencer on DSK126QN23PROD with SENATE
sultation with the Secretary of Homeland
‘‘(1) publish on an appropriate publicly tremism.’’.
Security.
available website of the Department of De- (c) REGULATIONS.—Not later than 180 days
‘‘§ 1802. Training and education fense the reports required by subsection (a); after the date of the enactment of this Act,
‘‘(a) IN GENERAL.—The Secretary of each and the Secretary of Defense shall prescribe reg-
military department, in coordination with ‘‘(2) ensure that any data included with ulations under chapter 89 of title 10, United
the Senior Official for Countering Extre- each such report is made available in a ma- States Code (including definitions under sec-
mism, shall develop and implement training chine-readable format that is downloadable, tion 1805 of such title), as added by sub-
and education programs and related mate- searchable, and sortable. section (a).
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S8354 CONGRESSIONAL RECORD — SENATE November 17, 2021
(d) EFFECTIVE DATE.—The amendments the Secretary of Defense shall, in coordina- fense and the intelligence community that
made by this section shall take effect on the tion with the Director of National Intel- possess appropriate expertise, authorities,
day that the Secretary of Defense prescribes ligence, establish an office within an appro- accesses, data, systems, platforms, and capa-
regulations under subsection (c). priate component of the Department of De- bilities to rapidly respond to, and conduct
(e) PROGRESS REPORT.—Not later than 240 fense, or within a joint organization of the field investigations of, incidents involving
days after the date of the enactment of this Department of Defense and the Office of the unidentified aerial phenomena under the di-
Act, the Secretary of Defense shall submit to Director of National Intelligence, to as- rection of the Office.
the Committees on Armed Services of the sume— (2) PERSONNEL, EQUIPMENT, AND RE-
Senate and House of Representatives a re- (A) the duties of the Unidentified Aerial SOURCES.—The Secretary, in coordination
port on the status of the implementation of Phenomenon Task Force, as in effect on the with the Director, shall take such actions as
chapter 89 of title 10, United States Code, as day before the date of the enactment of this may be necessary to ensure that the des-
added by subsection (a)(1)(A), and the imple- Act; and ignated organization or organizations have
mentation of section 986 of such title, as (B) such other duties as are required by available adequate personnel with requisite
added by subsection (a)(1)(B). this section. expertise, equipment, transportation, and
(2) DESIGNATION.—The office established other resources necessary to respond rapidly
SA 4736. Mr. COTTON submitted an under paragraph (1) shall be known as the to incidents or patterns of observations of
amendment intended to be proposed to ‘‘Anomaly Surveillance and Resolution Of- unidentified aerial phenomena of which the
amendment SA 3867 submitted by Mr. fice’’ (in this section referred to as the ‘‘Of- Office becomes aware.
REED and intended to be proposed to fice’’). (e) UTILIZATION OF LINE ORGANIZATIONS FOR
the bill H.R. 4350, to authorize appro- (3) TERMINATION OR SUBORDINATION OF SCIENTIFIC, TECHNOLOGICAL, AND OPER-
PRIOR TASK FORCE.—Upon the establishment ATIONAL ANALYSES OF DATA ON UNIDENTIFIED
priations for fiscal year 2022 for mili- AERIAL PHENOMENA.—
of the Anomaly Surveillance and Resolution
tary activities of the Department of Office, the Secretary shall terminate the Un- (1) IN GENERAL.—The Secretary, in coordi-
Defense, for military construction, and identified Aerial Phenomenon Task Force or nation with the Director, shall designate one
for defense activities of the Depart- subordinate it to the Office. or more line organizations that will be pri-
ment of Energy, to prescribe military (b) FACILITATION OF REPORTING AND DATA marily responsible for scientific, technical,
personnel strengths for such fiscal SHARING.—The Director and the Secretary and operational analysis of data gathered by
year, and for other purposes; which was shall each, in coordination with each other, field investigations conducted under sub-
ordered to lie on the table; as follows: require that— section (d), or data from other sources, in-
(1) each element of the intelligence com- cluding testing of materials, medical studies,
At the appropriate place in title II, insert and development of theoretical models to
munity and the Department, with any data
the following: better understand and explain unidentified
that may be relevant to the investigation of
SEC. lll. UNDERWATER LAUNCH TESTING OF aerial phenomena.
unidentified aerial phenomena, make such
CONVENTIONAL PROMPT STRIKE
WEAPON SYSTEM. data available immediately to the Office; (2) AUTHORITY.—The Secretary and the Di-
and rector shall promulgate such directives as
(a) TESTING REQUIRED.—Not later than
(2) military and civilian personnel em- necessary to ensure that the designated line
September 30, 2024, the Secretary of the
ployed by or under contract to the Depart- organizations have authority to draw on spe-
Navy shall commence underwater launch
ment or an element of the intelligence com- cial expertise of persons outside the Federal
testing for the Conventional Prompt Strike
munity shall have access to procedures by Government with appropriate security clear-
weapon system to facilitate capability de-
which they shall report incidents or informa- ances.
ployment on a Virginia-class submarine be- (f) INTELLIGENCE COLLECTION AND ANALYSIS
fore September 30, 2027. tion, including adverse physiological effects,
involving or associated with unidentified PLAN.—
(b) ADDITIONAL FUNDING.—
aerial phenomena directly to the Office. (1) IN GENERAL.—The head of the Office
(1) IN GENERAL.—The amount authorized to
(c) DUTIES.—The duties of the Office estab- shall supervise the development and execu-
be appropriated for fiscal year 2022 by sec- tion of an intelligence collection and anal-
tion 201 for research, development, test, and lished under subsection (a) shall include the
following: ysis plan on behalf of the Secretary and the
evaluation is hereby increased by $50,000,000, Director to gain as much knowledge as pos-
with the amount of the increase to be avail- (1) Developing procedures to synchronize
and standardize the collection, reporting, sible regarding the technical and operational
able for New Design SSN (PE 0604558N). characteristics, origins, and intentions of
(2) AVAILABILITY.—Of the amount made and analysis of incidents, including adverse
physiological effects, regarding unidentified unidentified aerial phenomena, including the
available under paragraph (1), $50,000,000 development, acquisition, deployment, and
shall be available to accelerate Conventional aerial phenomena across the Department and
in consultation with the intelligence com- operation of technical collection capabilities
Prompt Strike weapon system integration necessary to detect, identify, and scientif-
on Virginia-class submarines. munity.
(2) Developing processes and procedures to ically characterize unidentified aerial phe-
(c) OFFSET.—The amount authorized to be
ensure that such incidents from each compo- nomena.
appropriated for fiscal year 2022 by section
nent of the Department and each element of (2) USE OF RESOURCES AND CAPABILITIES.—In
301 for operation and maintenance is hereby
the intelligence community are reported and developing the plan required by paragraph
decreased by $50,000,000 with the amount of
incorporated in a centralized repository. (1), the head of the Office shall consider and
the decrease to be taken from amounts avail-
(3) Establishing procedures to require the propose, as appropriate, the use of any re-
able as specified in the funding table in sec-
timely and consistent reporting of such inci- source, capability, asset, or process of the
tion 4301 for the Afghanistan Security Forces
dents. Department and the intelligence commu-
Fund, Afghan Air Force Sustainment.
(4) Evaluating links between unidentified nity.
aerial phenomena and adversarial foreign (g) SCIENCE PLAN.—The head of the Office
SA 4737. Mrs. GILLIBRAND (for her- shall supervise the development and execu-
self, Mr. RUBIO, Mr. HEINRICH, Mr. governments, other foreign governments, or
nonstate actors. tion of a science plan on behalf of the Sec-
BLUNT, and Mr. GRAHAM) submitted an retary and the Director to develop and test,
(5) Evaluating the threat that such inci-
amendment intended to be proposed to dents present to the United States.
as practicable, scientific theories to account
amendment SA 3867 submitted by Mr. for characteristics and performance of un-
(6) Consulting with other departments and
REED and intended to be proposed to identified aerial phenomena that exceed the
agencies of the Federal Government, as ap-
the bill H.R. 4350, to authorize appro- known state of the art in science or tech-
propriate, including the Federal Aviation
nology, including in the areas of propulsion,
priations for fiscal year 2022 for mili- Administration, the National Aeronautics aerodynamic control, signatures, structures,
tary activities of the Department of and Space Administration, the Department materials, sensors, countermeasures, weap-
Defense, for military construction, and of Homeland Security, the National Oceanic ons, electronics, and power generation, and
for defense activities of the Depart- and Atmospheric Administration, and the to provide the foundation for potential fu-
Department of Energy. ture investments to replicate any such ad-
ment of Energy, to prescribe military (7) Consulting with allies and partners of
personnel strengths for such fiscal vanced characteristics and performance.
the United States, as appropriate, to better (h) ASSIGNMENT OF PRIORITY.—The Direc-
year, and for other purposes; which was assess the nature and extent of unidentified tor, in consultation with, and with the rec-
ordered to lie on the table; as follows: aerial phenomena. ommendation of the Secretary, shall assign
SSpencer on DSK126QN23PROD with SENATE
At the appropriate place in title XV, insert (8) Preparing reports for Congress, in both an appropriate level of priority within the
the following: classified and unclassified form, as required National Intelligence Priorities Framework
SEC. lll. ESTABLISHMENT OF STRUCTURE by subsections (h) and (i). to the requirement to understand, charac-
AND AUTHORITIES TO ADDRESS UN- (d) EMPLOYMENT OF LINE ORGANIZATIONS terize, and respond to unidentified aerial
IDENTIFIED AERIAL PHENOMENA. FOR FIELD INVESTIGATIONS OF UNIDENTIFIED phenomena.
(a) ESTABLISHMENT OF ANOMALY SURVEIL- AERIAL PHENOMENA.— (i) AUTHORIZATION OF APPROPRIATIONS.—
LANCE AND RESOLUTION OFFICE.— (1) IN GENERAL.—The Secretary shall, in co- There is authorized to be appropriated such
(1) IN GENERAL.—Not later than 180 days ordination with the Director, designate line sums as may be necessary to carry out the
after the date of the enactment of this Act, organizations within the Department of De- work of the Office, including—
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8355
(1) general intelligence gathering and in- and not less frequently than semiannually (VIII) Two members selected from among
telligence analysis; and thereafter until December 31, 2026, the head individuals recommended by the President of
(2) strategic defense, space defense, defense of the Office shall provide the classified the American Institute of Astronautics and
of controlled air space, defense of ground, briefings on unidentified aerial phenomena Aeronautics.
air, or naval assets, and related purposes. to— (IX) Two members selected from among in-
(j) ANNUAL REPORT.— (A) the Committee on Armed Services and dividuals recommended by the Director of
(1) REQUIREMENT.—Not later than October the Select Committee on Intelligence of the the Optical Technology Center at Montana
31, 2022, and annually thereafter until Octo- Senate; and State University.
ber 31, 2026, the Secretary in consultation (B) the Committee on Armed Services and (X) One member selected from among indi-
with the Director, shall submit to the appro- the Permanent Select Committee on Intel- viduals recommended by the president of the
priate committees of Congress a report on ligence of the House of Representatives. American Society for Photogrammetry and
unidentified aerial phenomena. (2) FIRST BRIEFING.—The first briefing pro- Remote Sensing.
(2) ELEMENTS.—Each report under para- vided under paragraph (1) shall include all (ii) Up to five additional members, as the
graph (1) shall include, with respect to the incidents involving unidentified aerial phe- Secretary, in consultation with the Director,
year covered by the report, the following in- nomena that were reported to the Unidenti- considers appropriate, selected from among
formation: fied Aerial Phenomena Task Force or to the individuals with requisite expertise, at least
(A) An analysis of data and intelligence re- Office after June 24, 2021, regardless of the 3 of whom shall not be employees of any Fed-
ceived through reports of unidentified aerial date of occurrence of the incident. eral Government agency or Federal Govern-
phenomena. (3) SUBSEQUENT BRIEFINGS.—Each briefing ment contractor.
(B) An analysis of data relating to uniden- provided subsequent to the first briefing de- (B) No individual may be appointed to the
tified aerial phenomena collected through— scribed in paragraph (2) shall include, at a Committee under subparagraph (A) unless
(i) geospatial intelligence minimum, all events relating to unidentified the Secretary and the Directly jointly deter-
(ii) signals intelligence; aerial phenomena that occurred during the mine that the individual—
(iii) human intelligence; and previous 180 days, and events relating to un- (i) qualifies for a security clearance at the
(iv) measurement and signals intelligence. identified aerial phenomena that were not secret level or higher;
(C) The number of reported incidents of un- included in an earlier briefing due to delay (ii) possesses scientific, medical, or tech-
identified aerial phenomena over restricted in an incident reaching the reporting system nical expertise pertinent to some aspect of
air space of the United States. or other such factors. the investigation and analysis of unidenti-
(D) An analysis of such incidents identified (4) INSTANCES IN WHICH DATA WAS NOT fied aerial phenomena; and
under subparagraph (C). SHARED.—For each briefing period, the Chair- (iii) has previously conducted research or
(E) Identification of potential aerospace or man and Vice Chairman or Ranking Member writing that demonstrates scientific, techno-
other threats posed by unidentified aerial of the Committee on Armed Services and the logical, or operational knowledge regarding
phenomena to the national security of the Select Committee on Intelligence of the Sen- aspects of the subject matter, including pro-
United States. ate and the Committee on Armed Services pulsion, aerodynamic control, signatures,
(F) An assessment of any activity regard- and the Permanent Select Committee on In- structures, materials, sensors, counter-
ing unidentified aerial phenomena that can telligence of the House of Representatives measures, weapons, electronics, power gen-
be attributed to one or more adversarial for- shall receive an enumeration of any in- eration, field investigations, forensic exam-
eign governments. stances in which data related to unidentified ination of particular cases, analysis of open
(G) Identification of any incidents or pat- aerial phenomena was denied to the Office source and classified information regarding
terns regarding unidentified aerial phe- because of classification restrictions on that domestic and foreign research and com-
nomena that indicate a potential adversarial data or for any other reason. mentary, and historical information per-
foreign government may have achieved a (l) AERIAL AND TRANSMEDIUM PHENOMENA taining to unidentified aerial phenomena.
breakthrough aerospace capability. ADVISORY COMMITTEE.— (C) The Secretary and Director may termi-
(H) An update on the coordination by the (1) ESTABLISHMENT.—(A) Not later than Oc- nate the membership of any individual on
United States with allies and partners on ef- tober 1, 2022, the Secretary and the Director the Committee upon a finding by the Sec-
forts to track, understand, and address un- shall establish an advisory committee for retary and the Director jointly that the
identified aerial phenomena. the purpose of— member no longer meets the criteria speci-
(I) An update on any efforts to capture or (i) advising the Office in the execution of fied in this subsection.
exploit discovered unidentified aerial phe- the duties of the Office as provided by this (3) CHAIRPERSON.—The Secretary shall, in
nomena. subsection; and coordination with the Director, designate a
(J) An assessment of any health-related ef- (ii) advising the Secretary and the Director temporary Chairperson of the Committee,
fects for individuals who have encountered regarding the gathering and analysis of data, but at the earliest practicable date the Com-
unidentified aerial phenomena. and scientific research and development per- mittee shall elect a Chairperson from among
(K) The number of reported incidents, and taining to unidentified aerial phenomena. its members, who will serve a term of 2
descriptions thereof, of unidentified aerial (B) The advisory committee established years, and is eligible for re-election.
phenomena associated with military nuclear under subparagraph (A) shall be known as (4) EXPERT ASSISTANCE, ADVICE, AND REC-
assets, including strategic nuclear weapons the ‘‘Aerial and Transmedium Phenomena OMMENDATIONS.—(A) The Committee may,
and nuclear-powered ships and submarines. Advisory Committee’’ (in this subparagraph upon invitation of the head of the Office,
(L) In consultation with the Administrator the ‘‘Committee’’). provide expert assistance or advice to any
of the National Nuclear Security Adminis- (2) MEMBERSHIP.—(A) Subject to subpara- line organization designated to carry out
tration, the number of reported incidents, graph (B), the Committee shall be composed field investigations or data analysis as au-
and descriptions thereof, of unidentified aer- of members as follows: thorized by subsections (d) and (e).
ial phenomena associated with facilities or (i) 20 members selected by the Secretary as (B) The Committee, on its own initiative,
assets associated with the production, trans- follows: or at the request of the Director, the Sec-
portation, or storage of nuclear weapons or (I) Three members selected from among in- retary, or the head of the Office, may provide
components thereof. dividuals recommended by the Adminis- advice and recommendations regarding best
(M) In consultation with the Chairman of trator of the National Astronautics and practices with respect to the gathering and
the Nuclear Regulatory Commission, the Space Administration. analysis of data on unidentified aerial phe-
number of reported incidents, and descrip- (II) Two members selected from among in- nomena in general, or commentary regarding
tions thereof, of unidentified aerial phe- dividuals recommended by the Adminis- specific incidents, cases, or classes of uniden-
nomena or drones of unknown origin associ- trator of the Federal Aviation Administra- tified aerial phenomena.
ated with nuclear power generating stations, tion. (5) REPORT.—Not later than December 31,
nuclear fuel storage sites, or other sites or (III) Two members selected from among in- 2022, and not later than December 31 of each
facilities regulated by the Nuclear Regu- dividuals recommended by the President of year thereafter, the Committee shall submit
latory Commission. the National Academies of Sciences. a report summarizing its activities and rec-
(N) The names of the line organizations (IV) Two members selected from among in- ommendations to the following:
that have been designated to perform the dividuals recommended by the President of (A) The Secretary.
specific functions imposed by subsections (d) the National Academy of Engineering. (B) The Director.
and (e) of this section, and the specific func- (V) One member selected from among indi- (C) The head of the Office.
tions for which each such line organization viduals recommended by the President of the (D) The Committee on Armed Services and
SSpencer on DSK126QN23PROD with SENATE
has been assigned primary responsibility. National Academy of Medicine. the Select Committee on Intelligence of the
(3) FORM.— Each report submitted under (VI) Three members selected from among Senate.
paragraph (1) shall be submitted in unclassi- individuals recommended by the Director of (E) The Committee on Armed Services and
fied form, but may include a classified the Galileo Project at Harvard University. the Permanent Select Committee on Intel-
annex. (VII) Two members selected from among ligence of the House of Representatives.
(k) SEMIANNUAL BRIEFINGS.— individuals recommended by the Board of Di- (6) RELATION TO FACA.—For purposes of the
(1) IN GENERAL.—Not later than 90 days rectors of the Scientific Coalition for Un- Federal Advisory Committee Act (5 U.S.C.
after the date of the enactment of this Act identified Aerospace Phenomena Studies. App.), the Committee shall be considered an
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S8356 CONGRESSIONAL RECORD — SENATE November 17, 2021
advisory committee (as defined in section 3 (4) The United States has demonstrated its (19) The Hellenic Air Force plans to fully
of such Act, except as otherwise provided in support for the trilateral partnership of upgrade its fleet of F–16 jets to the F–16
the section or as jointly deemed warranted Greece, Israel, and Cyprus through joint en- Viper variant by 2027 and has expressed in-
by the Secretary and the Director under sec- gagement with Cyprus, Greece, Israel, and terest in participating in the F–35 Joint
tion 4(b)(3) of such Act. the United States in the ‘‘3+1’’ format. Strike Fighter program.
(7) TERMINATION OF COMMITTEE.—The Com- (5) The United States and Greece have held SEC. 1293. SENSE OF CONGRESS.
mittee shall terminate on the date that is Strategic Dialogue meetings in Athens, It is the sense of Congress that—
six years after the date of the establishment Washington D.C., and virtually, and have (1) Greece is a pillar of stability in the
of the Committee. committed to hold an upcoming Strategic Eastern Mediterranean region and the
(m) DEFINITIONS.—In this section: Dialogue session in 2021 in Washington, D.C. United States should remain committed to
(1) The term ‘‘appropriate committees of (6) In October 2019, the United States and supporting its security and prosperity;
Congress’’ means— Greece agreed to update the United States- (2) the 3+1 format of cooperation among
(A) the Committee on Armed Services, the Greece Mutual Defense Cooperation Agree- Cyprus, Greece, Israel, and the United States
Select Committee on Intelligence, the Com- ment, and the amended agreement officially has been a successful forum to cooperate on
mittee on Foreign Relations, and the Com- entered into force on February 13, 2020. energy issues and should be expanded to in-
mittee on Appropriations of the Senate; and clude other areas of common concern to the
(7) The amended Mutual Defense Coopera-
(B) the Committee on Armed Services, the members;
tion Agreement provides for increased joint
Permanent Select Committee on Intel- (3) the United States should increase and
United States-Greece and NATO activities at
ligence, the Committee on Foreign Affairs, deepen efforts to partner with and support
Greek military bases and facilities in
and the Committee on Appropriations of the the modernization of the Greek military;
House of Representatives. Larissa, Stefanovikio, Alexandroupolis, and
other parts of central and northern Greece, (4) it is in the interests of the United
(2) The term ‘‘intelligence community’’ States that Greece continue to transition its
has the meaning given such term in section and allows for infrastructure improvements
military equipment away from Russian-pro-
3 of the National Security Act of 1947 (50 at the United States Naval Support Activity
duced platforms and weapons systems
U.S.C. 3003). Souda Bay base on Crete.
through the European Recapitalization In-
(3) The term ‘‘transmedium objects or de- (8) In October 2020, Greek Foreign Minister
centive Program;
vices’’ means objects or devices that are ob- Nikos Dendias announced that Greece hopes
(5) the United States Government should
served to transition between space and the to further expand the Mutual Defense Co-
continue to deepen strong partnerships with
atmosphere, or between the atmosphere and operation Agreement with the United States.
the Greek military, especially in co-develop-
bodies of water, that are not immediately (9) The United States Naval Support Activ-
ment and co-production opportunities with
identifiable. ity Souda Bay serves as a critical naval lo-
the Greek Navy;
(4) The term ‘‘unidentified aerial phe- gistics hub for the United States Navy’s 6th
(6) the naval partnerships with Greece at
nomena’’ means— Fleet.
Souda Bay and Alexandroupolis are mutu-
(A) airborne objects that are not imme- (10) In June 2020, United States Ambas-
ally beneficial to the national security of the
diately identifiable; sador to Greece Geoffrey Pyatt characterized
United States and Greece;
(B) transmedium objects or devices; and the importance of Naval Support Activity
(7) the United States should, as appro-
(C) submerged objects or devices that are Souda Bay as ‘‘our most important platform
priate, support the sale of F–35 Joint Strike
not immediately identifiable and that dis- for the projection of American power into a
Fighters to Greece;
play behavior or performance characteristics strategically dynamic Eastern Mediterra-
(8) the United States Government should
suggesting that they may be related to the nean region. From Syria to Libya to the
continue to invest in International Military
subjects described in subparagraph (A) or chokepoint of the Black Sea, this is a criti-
Education and Training (IMET) programs in
(B). cally important asset for the United States,
Greece;
--- as our air force, naval, and other resources
(9) the United States Government should
SA 4738. Mr. MENENDEZ (for himself are applied to support our Alliance obliga-
support joint maritime security cooperation
and Mr. RUBIO) submitted an amend- tions and to help bring peace and stability.’’.
exercises with Cyprus, Greece, and Israel;
ment intended to be proposed to (11) The USS Hershel ‘‘Woody’’ Williams,
(10) in accordance with its legal authorities
the second of a new class of United States
amendment SA 3867 submitted by Mr. sea-basing ships, is now based out of Souda
and project selection criteria, the United
REED and intended to be proposed to States Development Finance Corporation
Bay, the first permanent United States naval
the bill H.R. 4350, to authorize appro- should consider supporting private invest-
deployment at the base.
priations for fiscal year 2022 for mili- ment in strategic infrastructure projects in
(12) The United States cooperates with the
tary activities of the Department of Greece, to include shipyards and ports that
Hellenic Armed Forces at facilities in
contribute to the security of the region and
Defense, for military construction, and Larissa, Stefanovikio, and Alexandroupolis,
Greece’s prosperity;
for defense activities of the Depart- where the United States Armed Forces con-
(11) the extension of the Mutual Defense
ment of Energy, to prescribe military duct training, refueling, temporary mainte-
Cooperation Agreement with Greece for a pe-
personnel strengths for such fiscal nance, storage, and emergency response.
riod of five years includes deepened partner-
year, and for other purposes; which was (13) The United States has conducted a
ships at Greek military facilities throughout
longstanding International Military Edu-
ordered to lie on the table; as follows: cation and Training (IMET) program with
the country and is a welcome development;
At the end of title XII, add the following: and
Greece, and the Government of Greece has
Subtitle H—U.S.-Greece Defense and (12) the United States Government should
committed to provide $3 for every dollar in-
Interparliamentary Partnership Act of 2021 establish the United States-Eastern Medi-
vested by the United States in the program.
terranean Energy Center as authorized in
SEC. 1291. SHORT TITLE. (14) Greece’s defense spending in 2020
the Eastern Mediterranean Energy and Secu-
This subtitle may be cited as the ‘‘U.S.- amounted to an estimated 2.68 percent of its
rity Partnership Act of 2019.
Greece Defense and Interparliamentary Part- gross domestic product (GDP), exceeding
SEC. 1294. FUNDING FOR EUROPEAN RECAPITAL-
nership Act of 2021’’. NATO’s 2 percent of GDP benchmark agreed IZATION INCENTIVE PROGRAM.
SEC. 1292. FINDINGS. to at the 2014 NATO Summit in Wales. (a) IN GENERAL.—To the maximum extent
Congress makes the following findings: (15) Greece is eligible for the delivery of ex- feasible, of the funds appropriated for the
(1) The United States and Greece are cess defense articles under section 516(c)(2) of European Recapitalization Incentive Pro-
strong allies in the North Atlantic Treaty the Foreign Assistance Act of 1961 (22 U.S.C. gram, $25,000,000 for each of fiscal years 2022
Organization (NATO) and have deepened 2321j(c)(2)). through 2026 should be considered for Greece
their defense relationship in recent years in (16) In September 2020, Greek Prime Min- as appropriate to assist the country in meet-
response to growing security challenges in ister Kyriakos Mitsotakis announced plans ing its defense needs and transitioning away
the Eastern Mediterranean region. to modernize all three branches of the Hel- from Russian-produced military equipment.
(2) Greece participates in several NATO lenic Armed Forces, which will strengthen (b) REPORT.—Not later than 180 days after
missions, including Operation Sea Guardian Greece’s military position in the Eastern the date of the enactment of this Act, the
in the Mediterranean and NATO’s mission in Mediterranean. Secretary of State shall submit to the appro-
Kosovo. (17) The modernization includes upgrades priate congressional committees a report
(3) The Eastern Mediterranean Security to the arms of all three branches, including that provides a full accounting of all funds
and Energy Partnership Act (title II of divi- new anti-tank weapons for the Hellenic distributed under the European Recapitaliza-
SSpencer on DSK126QN23PROD with SENATE
sion J of Public Law 116–94), authorized new Army, new heavy-duty torpedoes for the Hel- tion Incentive Program, including—
security assistance for Greece and Cyprus, lenic Navy, and new guided missiles for the (1) identification of each recipient country;
lifted the United States prohibition on arms Hellenic Air Force. (2) a description of how the funds were
transfers to Cyprus, and authorized the es- (18) The Hellenic Navy also plans to up- used; and
tablishment of a United States-Eastern Med- grade its four MEKO 200HN frigates and pur- (3) an accounting of remaining equipment
iterranean Energy Center to facilitate en- chase four new multirole frigates of an un- in recipient countries that was provided by
ergy cooperation among the United States, disclosed type, to be accompanied by 4 MH- the then-Soviet Union or Russian Federa-
Greece, Israel, and Cyprus. 60R anti-submarine helicopters. tion.
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8357
SEC. 1295. SENSE OF CONGRESS ON LOAN PRO- thorize appropriations for fiscal year by inserting ‘‘, preventable maternal mor-
GRAM. tality and severe maternal morbidity,’’ after
2022 for military activities of the De-
It is the sense of Congress that, as appro- ‘‘delivery’’.
priate, the United States Government should
partment of Defense, for military con-
(b) OFFICE OF WOMEN’S HEALTH.—Section
provide direct loans to Greece for the pro- struction, and for defense activities of 310A(b)(1) of the Public Health Service Act
curement of defense articles, defense serv- the Department of Energy, to prescribe (42 U.S.C. 242s(b)(1)) is amended by striking
ices, and design and construction services military personnel strengths for such ‘‘and sociocultural contexts,’’ and inserting
pursuant to the authority of section 23 of the fiscal year, and for other purposes; ‘‘sociocultural (including among American
Arms Export Control Act (22 U.S.C. 2763) to which was ordered to lie on the table; Indians, Native Hawaiians, and Alaska Na-
support the further development of Greece’s as follows: tives), and geographical contexts,’’.
military forces. (c) SAFE MOTHERHOOD.—Section 317K of the
At the appropriate place in title II, insert
SEC. 1296. TRANSFER OF F–35 JOINT STRIKE
the following: Public Health Service Act (42 U.S.C. 247b–12)
FIGHTER AIRCRAFT TO GREECE. is amended—
SEC. lll. ACQUISITION STRATEGY TO MOD-
The President is authorized to expedite de- ERNIZE AIR FORCE FIGHTER PRO- (1) in subsection (a)(2)(A), by inserting ‘‘,
livery of any future F–35 aircraft to Greece PULSION SYSTEM. including improving disaggregation of data
once Greece is prepared to move forward (a) IN GENERAL.—Not later than 14 days (in a manner consistent with applicable
with such a purchase on such terms and con- after the date on which the budget of the State and Federal privacy laws)’’ before the
ditions as the President may require. Such President for fiscal year 2023 is submitted to period; and
transfer shall be submitted to Congress pur- Congress pursuant to section 1105 of title 31, (2) in subsection (b)(2)—
suant to the certification requirements United States Code, the Under Secretary of (A) in subparagraph (L), by striking ‘‘and’’
under section 36 of the Arms Export Control Defense for Acquisition and Sustainment at the end;
Act (22 U.S.C. 2776). shall submit to the congressional defense (B) by redesignating subparagraph (M) as
SEC. 1297. IMET COOPERATION WITH GREECE. committees a report on the modernization of subparagraph (N); and
For each of fiscal years 2022 through 2026, the fighter propulsion system or the integra- (C) by inserting after subparagraph (L) the
$1,800,000 is authorized to be appropriated for tion of new technology, including the Adapt- following:
International Military Education and Train- ive Engine Transition Program propulsion ‘‘(M) an examination of the relationship
ing assistance for Greece, which may be system, into new fighters, including the between maternal health and obstetric serv-
made available for the following purposes: Joint Strike Fighter (JSF) and the Next ices in rural areas and outcomes in delivery
(1) Training of future leaders. Generation Air Dominance programs. and postpartum care; and’’.
(2) Fostering a better understanding of the (b) ELEMENTS.—The report required under (d) OFFICE OF RESEARCH ON WOMEN’S
United States. subsection (a) shall include the following: HEALTH.—Section 486(d)(4)(A)(iv) of the Pub-
(3) Establishing a rapport between the (1) A cost benefit analysis of— lic Health Service Act (42 U.S.C.
United States Armed Forces and Greece’s (A) integrating the Adaptive Engine Tran- 287d(d)(4)(A)(iv)) is amended by inserting ‘‘,
military to build partnerships for the future. sition Program propulsion system into each including preventable maternal mortality
(4) Enhancement of interoperability and of the Joint Strike Fighter aircraft variants; and severe maternal morbidity’’ before the
capabilities for joint operations. (B) modernizing or upgrading the existing semicolon.
(5) Focusing on professional military edu- F135 propulsion system on the Joint Strike SEC. 1072. RURAL OBSTETRIC NETWORK GRANTS.
cation, civilian control of the military, and Fighter variants; The Public Health Service Act is amended
protection of human rights. (C) future associated infrastructure and by inserting after section 330A–1 of such Act
SEC. 1298. CYPRUS, GREECE, ISRAEL, AND THE sustainment costs of the modernized engine; (42 U.S.C. 254c–1a) the following:
UNITED STATES 3+1 INTER- (D) cost savings associated with variant ‘‘SEC. 330A–2. RURAL OBSTETRIC NETWORK
PARLIAMENTARY GROUP. and Partner commonality; and GRANTS.
(a) ESTABLISHMENT.—There is established a (E) assess all activities and costs to ret- ‘‘(a) PROGRAM ESTABLISHED.—The Sec-
group, to be known as the ‘‘Cyprus, Greece, rofit and sustain all Joint Strike Fighter retary shall award grants or cooperative
Israel, and the United States 3+1 Inter- with a modernized propulsion system. agreements to eligible entities to establish
parliamentary Group’’, to serve as a legisla- (2) An implementation plan to implement collaborative improvement and innovation
tive component to the 3+1 process launched such strategy. networks (referred to in this section as ‘rural
in Jerusalem in March 2019. (3) A cost benefit analysis of— obstetric networks’) to improve maternal
(b) MEMBERSHIP.—The Cyprus, Greece, (A) integrating Adaptive Engine Transi- and infant health outcomes and reduce pre-
Israel, and the United States 3+1 Inter- tion Program technology into Next Genera- ventable maternal mortality and severe ma-
parliamentary Group shall include a group of tion Air Dominance programs; and ternal morbidity by improving maternity
not more than 6 United States Senators, to (B) modernizing or upgrading the existing care and access to care in rural areas, fron-
be known as the ‘‘United States group’’, who F135 propulsion systems into the Next Gen- tier areas, maternity care health profes-
shall be appointed jointly by the majority eration Air Dominance programs. sional target areas, or jurisdictions of Indian
leader and the minority leader of the Senate. (4) A schedule annotating pertinent mile- Tribes and Tribal organizations.
(c) MEETINGS.—Not less frequently than stones and yearly fiscal resource require- ‘‘(b) USE OF FUNDS.—Grants or cooperative
once each year, the United States group ments for the implementation of a modern- agreements awarded pursuant to this section
shall meet with members of the 3+1 group to ized F135 propulsion system. shall be used for the establishment or con-
discuss issues on the agenda of the 3+1 delib- (5) A schedule of milestones and yearly fi- tinuation of collaborative improvement and
erations of the Governments of Greece, nancial resource requirements for the imple- innovation networks to improve maternal
Israel, Cyprus, and the United States to in- mentation of the Adaptive Engine Transition and infant health outcomes and reduce pre-
clude maritime security, defense coopera- Program. ventable maternal mortality and severe ma-
tion, energy initiatives, and countering ma-
ternal morbidity by improving prenatal care,
lign influence efforts by the People’s Repub- SA 4740. Ms. SMITH (for herself and labor care, birthing, and postpartum care
lic of China and the Russian Federation. Ms. MURKOWSKI) submitted an amend- services in rural areas. Rural obstetric net-
(d) TERMINATION.—The Cyprus, Greece,
Israel, and the United States 3+1 Inter- ment intended to be proposed to works established in accordance with this
amendment SA 3867 submitted by Mr. section may—
parliamentary Group shall terminate 4 years
REED and intended to be proposed to ‘‘(1) develop a network to improve coordi-
after the date of the enactment of this Act.
nation and increase access to maternal
SEC. 1299. APPROPRIATE CONGRESSIONAL COM- the bill H.R. 4350, to authorize appro-
health care and assist pregnant women in
MITTEES. priations for fiscal year 2022 for mili- the areas described in subsection (a) with ac-
In this subtitle, the term ‘‘appropriate con- tary activities of the Department of cessing and utilizing prenatal care, labor
gressional committees’’ means— Defense, for military construction, and care, birthing, and postpartum care services
(1) the Committee on Foreign Relations, for defense activities of the Depart- to improve outcomes in birth and maternal
the Committee on Armed Services, and the
Committee on Appropriations of the Senate;
ment of Energy, to prescribe military mortality and morbidity;
personnel strengths for such fiscal ‘‘(2) identify and implement evidence-based
and
year, and for other purposes; which was and sustainable delivery models for pro-
(2) the Committee on Foreign Affairs, the
viding prenatal care, labor care, birthing,
Committee on Armed Services, and the Com- ordered to lie on the table; as follows:
and postpartum care services, including
SSpencer on DSK126QN23PROD with SENATE
mittee on Appropriations of the House of At the end of title X, add the following: home visiting programs and culturally ap-
Representatives. Subtitle H—Rural Maternal and Obstetric propriate care models that reduce health dis-
Modernization of Services parities;
SA 4739. Mr. BLUMENTHAL sub-
SEC. 1071. IMPROVING RURAL MATERNAL AND ‘‘(3) develop a model for maternal health
mitted an amendment intended to be OBSTETRIC CARE DATA. care collaboration between health care set-
proposed to amendment SA 3867 sub- (a) MATERNAL MORTALITY AND MORBIDITY tings to improve access to care in areas de-
mitted by Mr. REED and intended to be ACTIVITIES.—Section 301(e) of the Public scribed in subsection (a), which may include
proposed to the bill H.R. 4350, to au- Health Service Act (42 U.S.C. 241) is amended the use of telehealth;
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S8358 CONGRESSIONAL RECORD — SENATE November 17, 2021
‘‘(4) provide training for professionals in reduce preventable maternal mortality and military activities of the Department
health care settings that do not have spe- severe maternal morbidity by improving pre- of Defense, for military construction,
cialty maternity care; natal care, labor care, birthing, and and for defense activities of the De-
‘‘(5) collaborate with academic institutions postpartum care in rural community-based
partment of Energy, to prescribe mili-
that can provide regional expertise and help settings; and
identify barriers to providing maternal ‘‘(2) developing recommendations for such
tary personnel strengths for such fiscal
health care, including strategies for address- training programs. year, and for other purposes; which was
ing such barriers; and ‘‘(b) APPLICATION.—To be eligible to re- ordered to lie on the table; as follows:
‘‘(6) assess and address disparities in infant ceive a grant under subsection (a), an entity At the end of subtitle G of title X, add the
and maternal health outcomes, including shall submit to the Secretary an application following:
among racial and ethnic minority popu- at such time, in such manner, and con- SEC. 1064. ENHANCED AUTHORITY TO SHARE IN-
lations and underserved populations in such taining such information as the Secretary FORMATION WITH RESPECT TO MER-
areas described in subsection (a). may require. CHANDISE SUSPECTED OF VIO-
‘‘(c) ACTIVITIES.— LATING INTELLECTUAL PROPERTY
‘‘(c) DEFINITIONS.—In this section:
RIGHTS.
‘‘(1) ELIGIBLE ENTITIES.—The term ‘eligible ‘‘(1) TRAINING FOR HEALTH CARE PROFES-
SIONALS.— A recipient of a grant under sub-
Section 628A of the Tariff Act of 1930 (19
entities’ means entities providing prenatal
section (a)— U.S.C. 1628a) is amended—
care, labor care, birthing, and postpartum
‘‘(A) shall use the grant funds to plan, de- (1) in subsection (a), by striking paragraph
care services in rural areas, frontier areas, or
velop, and operate a training program to pro- (1) and inserting the following:
medically underserved areas, or to medically
vide prenatal care, labor care, birthing, and ‘‘(1) shall provide to the person informa-
underserved populations or Indian Tribes or
postpartum care in rural areas; and tion that appears on the merchandise, in-
Tribal organizations.
‘‘(B) may use the grant funds to provide cluding—
‘‘(2) FRONTIER AREA.—The term ‘frontier
additional support for the administration of ‘‘(A) its packaging, materials, and con-
area’ means a frontier county, as defined in
the program or to meet the costs of projects tainers, including labels; and
section 1886(d)(3)(E)(iii)(III) of the Social Se-
to establish, maintain, or improve faculty ‘‘(B) its packing materials and containers,
curity Act.
development, or departments, divisions, or including labels; and’’; and
‘‘(3) INDIAN TRIBES; TRIBAL ORGANIZATION.—
other units necessary to implement such (2) in subsection (b)—
The terms ‘Indian Tribe’ and ‘Tribal organi-
training. (A) in paragraph (3), by striking ‘‘; and’’
zation’ have the meanings given the terms
‘‘(2) TRAINING PROGRAM REQUIREMENTS.— and inserting a semicolon;
‘Indian tribe’ and ‘tribal organization’ in sec-
The recipient of a grant under subsection (a) (B) in paragraph (4), by striking the period
tion 4 of the Indian Self-Determination and
shall ensure that training programs carried at the end and inserting ‘‘; and’’; and
Education Assistance Act.
out under the grant are evidence-based and (C) by adding at the end the following:
‘‘(4) MATERNITY CARE HEALTH PROFESSIONAL
address improving prenatal care, labor care, ‘‘(5) any other party with an interest in the
TARGET AREA.—The term ‘maternity care
birthing, and postpartum care in rural areas, merchandise, as determined appropriate by
health professional target area’ has the
and such programs may include training on the Commissioner.’’.
meaning described in section 332(k)(2).
‘‘(d) REPORT TO CONGRESS.—Not later than topics such as—
SA 4742. Mr. BRAUN submitted an
September 30, 2025, the Secretary shall sub- ‘‘(A) maternal mental health, including
perinatal depression and anxiety; amendment intended to be proposed by
mit to Congress a report on activities sup-
ported by grants awarded under this section, ‘‘(B) substance use disorders; him to the bill H.R. 4350, to authorize
including— ‘‘(C) social determinants of health that af- appropriations for fiscal year 2022 for
‘‘(1) a description of activities conducted fect individuals living in rural areas; and military activities of the Department
pursuant to paragraphs (1) through (6) of sub- ‘‘(D) improving the provision of prenatal of Defense, for military construction,
section (b); and care, labor care, birthing, and postpartum and for defense activities of the De-
‘‘(2) an analysis of the effects of rural ob- care for racial and ethnic minority popu- partment of Energy, to prescribe mili-
stetric networks on improving maternal and lations, including with respect to percep- tary personnel strengths for such fiscal
infant health outcomes. tions and biases that may affect the ap-
year, and for other purposes; which was
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— proach to, and provision of, care.
‘‘(d) EVALUATION AND REPORT.— ordered to lie on the table; as follows:
There are authorized to be appropriated to
carry out this section $3,000,000 for each of ‘‘(1) EVALUATION.— At the end of subtitle G of title X, add the
fiscal years 2022 through 2026.’’. ‘‘(A) IN GENERAL.—The Secretary shall following:
evaluate the outcomes of the demonstration SEC. 1064. SENSE OF CONGRESS REGARDING CRI-
SEC. 1073. TELEHEALTH NETWORK AND TELE- SIS AT THE SOUTHWEST LAND BOR-
HEALTH RESOURCE CENTERS program under this section.
DER.
GRANT PROGRAMS. ‘‘(B) DATA SUBMISSION.—Recipients of a
grant under subsection (a) shall submit to (a) FINDINGS.—Congress makes the fol-
Section 330I of the Public Health Service lowing findings:
Act (42 U.S.C. 254c–14) is amended— the Secretary performance metrics and other
related data in order to evaluate the pro- (1) During fiscal year 2021, there were more
(1) in subsection (f)(3), by adding at the end than 1,600,000 illegal crossings across the
the following: gram for the report described in paragraph
(2). southwest land border of the United States.
‘‘(M) Providers of prenatal, labor care, (2) The 213,593 migrant encounters along
birthing, and postpartum care services, in- ‘‘(2) REPORT TO CONGRESS.—Not later than
January 1, 2025, the Secretary shall submit the southwest border in July 2021 was a 21-
cluding hospitals that operate obstetric care year high.
units.’’; and to Congress a report that includes—
‘‘(A) an analysis of the effects of the dem- (3) During October 2021, U.S. Customs and
(2) in subsection (h)(1)(B), by striking ‘‘or Border Protection intercepted 33,500 pounds
prenatal care for high-risk pregnancies’’ and onstration program under this section on the
quality, quantity, and distribution of mater- of drugs along the southwest border.
inserting ‘‘prenatal care, labor care, birthing (4) Noncitizens with criminal convictions
care, or postpartum care’’. nal health care services, including prenatal
care, labor care, birthing, and postpartum are routinely encountered at ports of entry
SEC. 1074. RURAL MATERNAL AND OBSTETRIC and between ports of entry along the south-
CARE TRAINING DEMONSTRATION. care services, and the demographics of the
recipients of those services; west border.
Subpart 1 of part E of title VII of the Pub- (5) Some of the inadmissible individuals
lic Health Service Act (42 U.S.C. 294n et seq.) ‘‘(B) an analysis of maternal and infant
health outcomes (including quality of care, encountered along the southwest border are
is amended by adding at the end the fol- known or suspected terrorists.
lowing: morbidity, and mortality) before and after
implementation of the program in the com- (6) Transnational criminal organizations
‘‘SEC. 764. RURAL MATERNAL AND OBSTETRIC routinely move illicit drugs, counterfeit
CARE TRAINING DEMONSTRATION. munities served by entities participating in
the demonstration; and products, and trafficked humans across the
‘‘(a) IN GENERAL.—The Secretary shall southwest border.
‘‘(C) recommendations on whether the
award grants to accredited schools of (b) SENSE OF CONGRESS.—It is the sense of
demonstration program should be continued.
allopathic medicine, osteopathic medicine, Congress that—
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
and nursing, and other appropriate health (1) the current level of illegal crossings and
There are authorized to be appropriated to
professional training programs, to establish trafficking on the southwest land border of
carry out this section $5,000,000 for each of
a training demonstration program to sup- the United States represents a crisis and a
SSpencer on DSK126QN23PROD with SENATE
fiscal years 2022 through 2026.’’.
port— national security threat;
‘‘(1) training for physicians, medical resi- SA 4741. Mr. GRASSLEY submitted (2) the Department of Defense has rightly
dents, fellows, nurse practitioners, physician contributed personnel to aid the efforts of
an amendment intended to be proposed
assistants, nurses, certified nurse midwives, the United States Government to address the
relevant home visiting workforce profes- to amendment SA 3867 submitted by crisis and national security threat at the
sionals and paraprofessionals, or other pro- Mr. REED and intended to be proposed southwest border;
fessionals who meet relevant State training to the bill H.R. 4350, to authorize ap- (3) the National Guard and active duty
and licensing requirements, as applicable, to propriations for fiscal year 2022 for members of the United States Armed Forces
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8359
are to be commended for their hard work and (13) Any other matters the Secretary de- (8) Recommendations for talent programs
dedication in their response to the crisis termines appropriate. to grow United States talent in key critical
along the southwest border; and (b) BRIEFINGS.—Not later than 180 days and emerging technologies and enhance the
(4) border security is a matter of national after the date of the enactment of this Act, ability of the Federal Government to recruit
security and the failure to address the crisis and on a biannual basis thereafter until De- and retain individuals with critical skills
along the southwest border introduces sig- cember 31, 2026, the Secretary of Defense into Federal service.
nificant risk to the people of the United shall provide to the appropriate congres- (9) Methods to foster the development of
States. sional committees a briefing on the matters international partnerships to reinforce do-
specified in subsection (a). mestic policy actions, build new markets,
(c) FORM.—The reports and briefings under engage in collaborative research, and create
SA 4743. Mr. BENNET (for himself this section may be submitted in either un-
and Ms. COLLINS) submitted an amend- an international environment that reflects
classified or classified form, as determined United States values and protects United
ment intended to be proposed to appropriate by the Secretary.
States interests.
amendment SA 3867 submitted by Mr. (d) APPROPRIATE CONGRESSIONAL COMMIT-
(10) A technology annex, which may be
REED and intended to be proposed to TEES DEFINED.—In this section, the term
‘‘appropriate congressional committees’’ classified, to establish an integrated and en-
the bill H.R. 4350, to authorize appro- during approach to the identification,
means—
priations for fiscal year 2022 for mili- (1) the Committee on Armed Services, the prioritization, development, and fielding of
tary activities of the Department of Select Committee on Intelligence, and the emerging technologies.
Defense, for military construction, and Committee on Appropriations of the Senate; (11) Such other information as may be nec-
for defense activities of the Depart- and essary to help inform Congress on matters
ment of Energy, to prescribe military (2) the Committee on Armed Services, the relating to the technology strategy of the
Permanent Select Committee on Intel- United States and related implications for
personnel strengths for such fiscal United States national security.
year, and for other purposes; which was ligence, and the Committee on Appropria-
tions of the House of Representatives.
ordered to lie on the table; as follows: SA 4745. Mr. GRASSLEY (for himself
At the appropriate place, insert the fol- SA 4744. Mr. BENNET (for himself and Mr. WARNOCK) submitted an
lowing: and Mr. SASSE) submitted an amend- amendment intended to be proposed to
SEC. 1216. REPORTS AND BRIEFINGS REGARDING ment intended to be proposed to amendment SA 3867 submitted by Mr.
OVERSIGHT OF AFGHANISTAN. amendment SA 3867 submitted by Mr. REED and intended to be proposed to
(a) REPORTS.—Not later than 180 days after REED and intended to be proposed to the bill H.R. 4350, to authorize appro-
the date of the enactment of this Act, and the bill H.R. 4350, to authorize appro- priations for fiscal year 2022 for mili-
annually thereafter until December 31, 2026, tary activities of the Department of
priations for fiscal year 2022 for mili-
the Secretary of Defense, in coordination
tary activities of the Department of Defense, for military construction, and
with the Director of National Intelligence,
shall submit to the appropriate congres- Defense, for military construction, and for defense activities of the Depart-
sional committees a report on Afghanistan. for defense activities of the Depart- ment of Energy, to prescribe military
The report shall address, with respect to Af- ment of Energy, to prescribe military personnel strengths for such fiscal
ghanistan, the following matters: personnel strengths for such fiscal year, and for other purposes; which was
(1) An assessment of the terrorist threat to year, and for other purposes; which was ordered to lie on the table; as follows:
the United States posed by terrorist organi- ordered to lie on the table; as follows: At the appropriate place, insert the fol-
zations in Afghanistan. At the appropriate place in title X, insert lowing:
(2) A description of the intelligence collec- the following: SEC. lllll. WHISTLEBLOWER INCENTIVES
tion posture on terrorist organizations in Af- SEC. lll. NATIONAL TECHNOLOGY STRATEGY. AND PROTECTIONS.
ghanistan, including al-Qaeda and ISIS-K. (a) IN GENERAL.—Each year, the President Section 5323 of title 31, United States Code,
(3) A description of the intelligence collec- shall submit to Congress a comprehensive re- as amended by section 6314 of the Anti-
tion posture on the Taliban defense and secu- port on the technology strategy of the Money Laundering Act of 2020 (division F of
rity forces. United States designed to maintain United Public Law 116–283) is amended by striking
(4) An assessment of the status of any mili- States leadership in critical and emerging subsection (b) and inserting the following:
tary cooperation between the Taliban and technologies essential to United States na- ‘‘(b) AWARDS.—
China, Russia, or Iran. tional security and economic prosperity. ‘‘(1) IN GENERAL.—In any covered judicial
(5) An assessment of changes in the ability (b) ELEMENTS.—Each National Technology or administrative action, or related action,
of al-Qaeda and ISIS-K to conduct operations Strategy developed and submitted under sub- the Secretary, under regulations prescribed
outside of Afghanistan against the United section (a) shall contain at least the fol- by the Secretary, in consultation with the
States and United States allies. lowing elements: Attorney General and subject to subsection
(6) A current assessment of counterter- (1) An assessment of the efforts of the (c), shall pay an award or awards to 1 or
rorism capabilities of the United States to United States Government to preserve more whistleblowers who voluntarily pro-
remove the terrorist threat in Afghanistan. United States leadership in key emerging vided original information to the employer
(7) An assessment of counterterrorism ca- technologies and prevent United States stra- of the individual, the Secretary, or the At-
pabilities of United States allies and part- tegic competitors from leveraging advanced torney General, as applicable, that led to the
ners in Afghanistan and their willingness to technologies to gain strategic military or successful enforcement of the covered judi-
participate in counterterrorism operations. economic advantages over the United States. cial or administrative action, or related ac-
(8) The location of such counterterrorism (2) A review of existing United States Gov- tion, in an aggregate amount equal to—
capabilities, to include the current locations ernment technology policy, including long- ‘‘(A) not less than 10 percent, in total, of
of the forces and any plans to adjust such lo- range goals. what has been collected of the monetary
cations. (3) An analysis of technology trends and sanctions imposed in the action or related
(9) Any plans to expand or adjust such assessment of the relative competitiveness actions; and
counterterrorism capabilities in the future of United States technology sectors in rela- ‘‘(B) not more than 30 percent, in total, of
to account for evolving terrorist threats in tion to strategic competitors. what has been collected of the monetary
Afghanistan. (4) Identification of sectors critical for the sanctions imposed in the action or related
(10) An assessment of the quantity and long-term resilience of United States innova- actions.
types of United States military equipment tion leadership across design, manufac- ‘‘(2) PAYMENT OF AWARDS.—Any amount
remaining in Afghanistan, including an indi- turing, supply chains, and markets. paid under paragraph (1) shall be paid from
cation of whether the Secretary plans to (5) Recommendations for domestic policy the Fund established under paragraph (3).
leave, recover, or destroy such equipment. incentives to sustain an innovation economy ‘‘(3) SOURCE OF AWARDS.—
(11) Contingency plans for the retrieval or and develop specific, high-cost sectors nec- ‘‘(A) IN GENERAL.—There shall be estab-
hostage rescue of United States citizens and essary for long-term national security ends. lished in the Treasury of the United States a
legal permanent residents located in Afghan- (6) Recommendations for policies to pro- revolving fund to be known as the Financial
istan. tect United States and leadership of allies of Integrity Fund (referred to in this subsection
(12) Contingency plans related to the con- the United States in critical areas through as the ‘Fund’).
SSpencer on DSK126QN23PROD with SENATE
tinued evacuation of Afghans who hold spe- targeted export controls, investment screen- ‘‘(B) USE OF FUND.—The Fund shall be
cial immigrant visa status under section 602 ing, and counterintelligence activities. available to the Secretary, without further
of the Afghan Allies Protection Act of 2009 (7) Identification of priority domestic re- appropriation or fiscal year limitations, only
(title VI of division F of Public Law 110–8; 8 search and development areas critical to na- for the payment of awards to whistleblowers
U.S.C. 1101 note) or who have filed a petition tional security and necessary to sustain as provided in subsection (b).
for such status, following the withdraw of United States leadership, and directing fund- ‘‘(C) RESTRICTIONS ON USE OF FUND.—The
the United States Armed Forces from Af- ing to fill gaps in basic and applied research Fund shall not be available to pay any per-
ghanistan. where the private sector does not focus. sonnel or administrative expenses.
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S8360 CONGRESSIONAL RECORD — SENATE November 17, 2021
‘‘(4) DEPOSITS AND CREDITS.— (1) A strategy to target, disrupt and de- and for defense activities of the De-
‘‘(A) IN GENERAL.—There shall be deposited grade networks that directly and indirectly partment of Energy, to prescribe mili-
into or credited to the Fund an amount support the narcotics infrastructure of the tary personnel strengths for such fiscal
equal to— Assad regime, particularly through diplo-
year, and for other purposes; which was
‘‘(i) any monetary sanction collected by matic and intelligence support to law en-
the Secretary or Attorney General in any ju- forcement investigations and to build ordered to lie on the table; as follows:
dicial or administrative action under this counter-narcotics capacity to partner coun- At the end of subtitle C of title XII, add
title unless the balance of the Fund at the tries through assistance and training to law the following:
time the monetary judgement is collected enforcement services in countries, other SEC. 1224. PROHIBITION ON TRANSFERS TO IRAN.
exceeds $300,000,000; and than Syria, that are receiving or transiting None of the amounts authorized to be ap-
‘‘(ii) all income from investments made large quantities of Captagon. propriated by this Act or otherwise made
under paragraph (5). (2) A description of the countries receiving available to the Department of Defense may
‘‘(B) ADDITIONAL AMOUNTS.—If the amounts or transiting large shipments of Captagon be made available to transfer or facilitate a
deposited into or credited to the Fund under and an assessment of the counter-narcotics transfer of pallets of currency, currency, or
subparagraph (A) are not sufficient to satisfy capacity of those countries to interdict or other items of value to the Government of
an award made under this subsection, there disrupt the smuggling of Captagon, including Iran, any subsidiary of such Government, or
shall be deposited into or credited to the an assessment of current United States as- any agent or instrumentality of Iran.
Fund an amount equal to the unsatisfied sistance and training programs to build such
portion of the award from any monetary capacity in those countries. SA 4749. Mr. MARSHALL submitted
sanction collected by the Secretary of the (3) The use of sanctions authorities, includ- an amendment intended to be proposed
Treasury or Attorney General in the covered ing the Caesar Syria Civilian Protection Act to amendment SA 3867 submitted by
judicial or administrative action on which of 2019 (22 U.S.C. 8791 note), and associated Mr. REED and intended to be proposed
the award is based. actions to target individuals and entities di- to the bill H.R. 4350, to authorize ap-
‘‘(5) INVESTMENTS.— rectly or indirectly associated with the nar-
‘‘(A) AMOUNTS IN FUND MAY BE INVESTED.— cotics infrastructure of the Assad regime.
propriations for fiscal year 2022 for
The Secretary of the Treasury may invest (4) The use of global diplomatic engage- military activities of the Department
the portion of the Fund that is not required ments associated with the economic pressure of Defense, for military construction,
to meet the current needs of the Fund. campaign against the Assad regime to target and for defense activities of the De-
‘‘(B) ELIGIBLE INVESTMENTS.—Investments its narcotics infrastructure. partment of Energy, to prescribe mili-
shall be made by the Secretary of the Treas- (5) Leveraging multilateral institutions tary personnel strengths for such fiscal
ury in obligations of the United States or ob- and cooperation with international partners year, and for other purposes; which was
ligations that are guaranteed as to principal to disrupt the narcotics infrastructure of the ordered to lie on the table; as follows:
and interest by the United States, with ma- Assad regime.
turities suitable to the needs of the Fund as (6) Mobilizing a public communications At the end of subtitle C of title XII, add
determined by the Secretary. campaign to increase awareness of the ex- the following:
‘‘(C) INTEREST AND PROCEEDS CREDITED.— tent of the connection of the Assad regime to SEC. 1224.
REPORT ON IRANIAN TERRORIST
PROXIES.
The interest on, and the proceeds from the illicit narcotics trade.
sale or redemption of, any obligations held (c) FORM OF REPORT.—The report required (a) IN GENERAL.—Not later than 180 days
in the Fund shall be credited to, and form a under subsection (b) shall be submitted in an after the date of the enactment of this Act,
part of, the Fund.’’. unclassified form, but may contain a classi- the Secretary of Defense shall submit to the
fied annex. Committees on Armed Services of the House
SA 4746. Mr. MARSHALL submitted (d) APPROPRIATE CONGRESSIONAL COMMIT- of Representatives and the Senate a report
TEES.—In this section, the term ‘‘appropriate that includes a detailed description of—
an amendment intended to be proposed
congressional committees’’ means— (1) improvements to the military capabili-
to amendment SA 3867 submitted by ties of Iran-backed militias, including Leba-
(1) the congressional defense committees;
Mr. REED and intended to be proposed nese Hezbollah, Asa’ib ahl al-Haq, Harakat
(2) the Committee on the Judiciary, the
to the bill H.R. 4350, to authorize ap- Committee on Foreign Affairs, and the Com- Hezbollah al-Nujaba, Kata’ib Sayyid al-
propriations for fiscal year 2022 for mittee on Financial Services øof the House Shuhada, Kata’ib al-Imam Ali, Kata’ib
military activities of the Department of Representatives¿; and Hezbollah, the Badr Organization, the
of Defense, for military construction, (3) the Committee on the Judiciary, the Fatemiyoun, the Zainabiyoun, Hamas, Pales-
and for defense activities of the De- Committee on Foreign Relations, and the tinian Islamic Jihad (PIJ), the Popular
Committee on Banking, Housing, and Urban Front for the Liberation of Palestine
partment of Energy, to prescribe mili-
Affairs of the Senate. (PFLP), and Ansar Allah (also known as the
tary personnel strengths for such fiscal Houthis); and
year, and for other purposes; which was SA 4747. Mr. MARSHALL submitted (2) the direct or indirect impact that the
ordered to lie on the table; as follows: an amendment intended to be proposed suspension, issuance, or revocation of any
At the end of subtitle B of title X, add the to amendment SA 3867 submitted by waiver, license, or suspension of economic
following: sanctions on Iran may have on such capabili-
Mr. REED and intended to be proposed ties.
SEC. 1013. INTERAGENCY STRATEGY TO DISRUPT
AND DISMANTLE NARCOTICS PRO-
to the bill H.R. 4350, to authorize ap- (b) FORM.—The report required under sub-
DUCTION AND TRAFFICKING AND propriations for fiscal year 2022 for section (a) shall be submitted in unclassified
AFFILIATED NETWORKS LINKED TO military activities of the Department form but may contain a classified annex.
THE REGIME OF BASHAR AL-ASSAD of Defense, for military construction,
IN SYRIA. SA 4750. Mr. MARSHALL submitted
and for defense activities of the De-
(a) SENSE OF CONGRESS.—It is the sense of an amendment intended to be proposed
Congress that— partment of Energy, to prescribe mili-
tary personnel strengths for such fiscal to amendment SA 3867 submitted by
(1) the captagon trade linked to the regime
of Bashar al-Assad in Syria is a year, and for other purposes; which was Mr. REED and intended to be proposed
transnational security threat; and ordered to lie on the table; as follows: to the bill H.R. 4350, to authorize ap-
(2) the United States should develop and At the end of subtitle C of title XII, add propriations for fiscal year 2022 for
implement an interagency strategy to deny, the following: military activities of the Department
degrade, and dismantle Assad-linked nar- SEC. 1224. PROHIBITION OF TRANSFERS TO BADR of Defense, for military construction,
cotics production and trafficking networks. ORGANIZATION. and for defense activities of the De-
(b) REPORT AND STRATEGY REQUIRED.—Not None of the amounts authorized to be ap- partment of Energy, to prescribe mili-
later than 180 days after the date of the en- propriated by this Act or otherwise made
actment of this Act, the Secretary of De-
tary personnel strengths for such fiscal
available to the Department of Defense may
fense, the Secretary of State, the Secretary year, and for other purposes; which was
be made available, directly or indirectly, to
of the Treasury, the Administrator of the the Badr Organization. ordered to lie on the table; as follows:
Drug Enforcement Administration, the Di- At the end of subtitle C of title XII, add
rector of National Intelligence, and the SA 4748. Mr. MARSHALL submitted the following:
SSpencer on DSK126QN23PROD with SENATE
heads of other appropriate Federal agencies an amendment intended to be proposed SEC. 1224. REPORT ON IRAN-CHINA AND IRAN-
shall jointly submit to the appropriate con- RUSSIA MILITARY TIES.
to amendment SA 3867 submitted by
gressional committees a report containing a (a) IN GENERAL.—Not later than 180 days
Mr. REED and intended to be proposed
strategy to disrupt and dismantle narcotics after the date of the enactment of this Act,
production and trafficking and affiliated net- to the bill H.R. 4350, to authorize ap- the Secretary of Defense shall submit to the
works linked to the regime of Bashar al- propriations for fiscal year 2022 for Committees on Armed Services of the House
Assad in Syria. The strategy shall include military activities of the Department of Representatives and the Senate a report
each of the following: of Defense, for military construction, that includes—
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8361
(1) a detailed assessment of military ties nents that could affect the performance of cess to special activity airspace used by the
between Iran and China or the Russian Fed- the weapon. Department of Defense for test and training.
eration since the expiration of United Na- (b) MARKET SURVEY AND QUALIFICATION AC- (2) TESTING OF SPECIAL ACTIVITY AIRSPACE
tions Security Resolution 2231 in October TIVITIES.— SCHEDULING AND MANAGEMENT.—Under the
2020, including in the form of joint drills, (1) INITIAL MARKET SURVEY.—Not later than pilot program established under paragraph
weapons transfers, military visits, illicit one year after the date on which a decision (1), the Administrator and the Secretary
procurement activities, and other sources of is made to enter into full-rate production for shall jointly test not fewer than three areas
Chinese or Russian material support for Ira- the next generation squad weapon, the Sec- of episodic or permanent special activity air-
nian military capabilities, to include a de- retary of the Army shall conduct a market space designated by the Federal Aviation Ad-
tailed description of any arms purchases and survey to identify accessories for the weap- ministration for use by the Department of
the total value of each such purchase; on, including magazines and other compo- Defense, of which—
(2) a detailed assessment of the direct or nents that could affect the performance of (A) at least one shall be over coastal
indirect impact that the suspension, the weapon. waters of the United States;
issuance, or revocation of any waiver, li- (2) QUALIFICATION ACTIVITIES.—After com- (B) at least two shall be over land of the
cense, or suspension of economic sanctions pleting the market survey under paragraph United States;
on Iran may have on the use or effectiveness (1), the Secretary of the Army shall compete, (C) access to airspace available for test and
of such tools; and select, procure, and conduct tests of acces- training is increased to accommodate dy-
(3) a description of any actions taken pur- sories described in that paragraph to qualify namic scheduling of airspace to more effi-
suant to Executive Order No. 13949, dated those accessories for purchase and use. A de- ciently and realistically provide test and
September 21, 2020 (relating to blocking cision to qualify an accessory described in training capabilities to Department of De-
property of certain persons with respect to paragraph (1) shall be based on established fense aircrews; and
the conventional arms activities of Iran). technical standards for operational safety (D) any increase in access to airspace made
(b) FORM.—The report required under sub- and weapon effectiveness. available for test and training shall not con-
section (a) shall be submitted in unclassified (c) INFORMATION TO CONGRESS.—Not later flict with the safe management of the na-
form but may contain a classified annex. than 180 days after the date of the enactment tional airspace system or the safety of all
of this Act, the Secretary of the Army shall stakeholders of the national airspace sys-
SA 4751. Mr. MARSHALL submitted provide to the congressional defense commit- tem.
an amendment intended to be proposed tees a briefing or a report on— (c) REPORT BY THE ADMINISTRATOR.—
to amendment SA 3867 submitted by (1) the strategy developed and imple- (1) IN GENERAL.—Not less than two years
mented by the Secretary under subsection after the date of the establishment of the
Mr. REED and intended to be proposed
(a); and pilot program under subsection (b)(1), the
to the bill H.R. 4350, to authorize ap- (2) the results of the market survey and Administrator shall submit to the appro-
propriations for fiscal year 2022 for qualification activities under subsection (b). priate committees of Congress a report on
military activities of the Department the interim findings of the Administrator
of Defense, for military construction, SA 4753. Mr. THUNE submitted an with respect to the pilot program.
and for defense activities of the De- amendment intended to be proposed by (2) ELEMENTS.—The report submitted under
partment of Energy, to prescribe mili- him to the bill H.R. 4350, to authorize paragraph (1) shall include the following:
tary personnel strengths for such fiscal appropriations for fiscal year 2022 for (A) An analysis of how the pilot program
established under subsection (b)(1) affected
year, and for other purposes; which was military activities of the Department access to special activity airspace by non-
ordered to lie on the table; as follows: of Defense, for military construction, military users of the national airspace sys-
At the end of subtitle C of title XII, add and for defense activities of the De- tem.
the following: partment of Energy, to prescribe mili- (B) An analysis of whether the dynamic
SEC. 1224. REPORT ON IRANIAN DEFENSE BUDG- tary personnel strengths for such fiscal management of special activity airspace con-
ET. ducted for the pilot program established
year, and for other purposes; which was
(a) IN GENERAL.—Not later than 180 days ordered to lie on the table; as follows: under subsection (b)(1) contributed to more
after the date of the enactment of this Act, efficient use of the national airspace system
the Secretary of Defense shall submit to the At the appropriate place in title X, insert
by all stakeholders.
Committees on Armed Services of the House the following: (d) REPORT BY THE SECRETARY.—Not less
of Representatives and the Senate a report SEC. lll. DEVELOPMENT AND TESTING OF DY- than two years after the date of the estab-
NAMIC SCHEDULING AND MANAGE-
that includes a detailed assessment of the lishment of the pilot program under sub-
MENT OF SPECIAL ACTIVITY AIR-
size of Iran’s defense budget expressed in SPACE.
section (b)(1), the Secretary shall submit to
United States dollars, disaggregated by ex- the appropriate committees of Congress a re-
(a) SENSE OF CONGRESS ON SPECIAL ACTIV-
penditures related to the Islamic Revolu- port on the interim findings of the Secretary
ITY AIRSPACE SCHEDULING AND MANAGE-
tionary Guard Corps, the Quds Force, the with respect to the pilot program. Such re-
MENT.—It is the sense of Congress that—
Artesh, and the Basij. port shall include an analysis of how the
(1) where it does not conflict with safety,
(b) FORM.—The report required under sub- pilot program affected military test and
dynamic scheduling and management of spe- training.
section (a) shall be submitted in unclassified
cial activity airspace (also referred to as (e) DEFINITIONS.—In this section:
form but may contain a classified annex.
‘‘dynamic airspace’’) is expected to optimize (1) The term ‘‘appropriate committees of
the use of the national airspace system for Congress’’ means—
SA 4752. Mr. BARRASSO submitted all stakeholders; and
an amendment intended to be proposed (A) the Committee on Commerce, Science,
(2) the Administrator of the Federal Avia- and Transportation and the Committee on
to amendment SA 3867 submitted by tion Administration and the Secretary of De- Armed Services of the Senate; and
Mr. REED and intended to be proposed fense should take such actions as may be (B) the Committee on Transportation and
to the bill H.R. 4350, to authorize ap- necessary to support ongoing efforts to de- Infrastructure, the Committee on Science,
propriations for fiscal year 2022 for velop dynamic scheduling and management Space, and Technology, and the Committee
military activities of the Department of special activity airspace, including— on Armed Services of the House of Rep-
of Defense, for military construction, (A) the continuation of formal partner- resentatives.
ships between the Federal Aviation Adminis- (2) The term ‘‘special activity airspace’’
and for defense activities of the De- tration and the Department of Defense that
partment of Energy, to prescribe mili- means the following airspace with defined di-
focus on special activity airspace, future air- mensions within the National Airspace Sys-
tary personnel strengths for such fiscal space needs, and joint solutions; and tem wherein limitations may be imposed
year, and for other purposes; which was (B) maturing research within their feder- upon aircraft operations:
ordered to lie on the table; as follows: ally funded research and development cen- (A) Restricted areas.
At the appropriate place, insert the fol- ters, Federal partner agencies, and the avia- (B) Military operations areas.
lowing: tion community. (C) Air Traffic Control assigned airspace.
SEC. ll. STRATEGY, MARKET SURVEY, AND
(b) PILOT PROGRAM.— (D) Warning areas.
QUALIFICATION ACTIVITIES FOR (1) PILOT PROGRAM REQUIRED.—Not later
than 90 days after the date of the enactment SA 4754. Ms. BALDWIN submitted an
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PROCUREMENT OF ACCESSORIES
FOR THE NEXT GENERATION SQUAD of this Act, the Administrator of the Federal amendment intended to be proposed to
WEAPON OF THE ARMY. Aviation Administration, in coordination amendment SA 3867 submitted by Mr.
(a) STRATEGY REQUIRED.—The Secretary of with the Secretary of Defense, shall estab-
the Army shall develop and implement a lish a pilot program on developing and test-
REED and intended to be proposed to
strategy to identify, test, qualify, and pro- ing dynamic management of special activity the bill H.R. 4350, to authorize appro-
cure, on a competitive basis, accessories for airspace in order to accommodate emerging priations for fiscal year 2022 for mili-
the next generation squad weapon of the military training requirements through tary activities of the Department of
Army, including magazines and other compo- flexible scheduling, along with increasing ac- Defense, for military construction, and
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S8362 CONGRESSIONAL RECORD — SENATE November 17, 2021
for defense activities of the Depart- ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(B) a major disaster declared under sec-
ment of Energy, to prescribe military TEES.—The term ‘appropriate congressional tion 401 of the Robert T. Stafford Disaster
personnel strengths for such fiscal committees’ means— Relief and Emergency Assistance Act (42
‘‘(A) the Committee on Finance, the Com- U.S.C. 5170).
year, and for other purposes; which was mittee on Armed Services, the Committee on ‘‘(7) CRITICAL INFRASTRUCTURE.—The term
ordered to lie on the table; as follows: Banking, Housing, and Urban Affairs, the ‘critical infrastructure’ means systems and
At the end of subtitle G of title X, add the Committee on Commerce, Science, and assets, whether physical or virtual, so vital
following: Transportation, the Committee on Health, to the United States that the incapacity or
SEC. 1064. COMMON CARRIER OBLIGATIONS. Education, Labor, and Pensions, and the destruction of such systems and assets would
(a) IN GENERAL.—Section 11101(a) of title Committee on Homeland Security and Gov- have a debilitating impact on national secu-
49, United States Code, is amended by insert- ernmental Affairs of the Senate; and rity, national economic security, national
ing ‘‘, to the extent necessary for the effi- ‘‘(B) the Committee on Ways and Means, public health or safety, or any combination
cient and reliable transportation based on the Committee on Armed Services, the Com- of those matters.
the shipper’s reasonable service require- mittee on Education and Labor, the Com- ‘‘(8) ENTITY OF CONCERN.—The term ‘entity
ments,’’ after ‘‘the transportation or serv- mittee on Financial Services, the Committee of concern’ means an entity—
ice’’. on Homeland Security, and the Committee ‘‘(A) the ultimate parent entity of which is
(b) RULEMAKING.— on Transportation and Infrastructure of the domiciled in a country of concern; or
(1) IN GENERAL.—Not later than 90 days House of Representatives. ‘‘(B) that is directly or indirectly con-
after the date of the enactment of this Act, ‘‘(2) COMMITTEE.—The term ‘Committee’ trolled by, owned by, or subject to the influ-
the Surface Transportation Board shall ini- means the Committee on National Critical ence of a foreign person that has a substan-
tiate a rulemaking to provide standards or Capabilities established under section 1002. tial nexus with a country of concern.
guidance to implement the amendment made ‘‘(3) CONTROL.—The term ‘control’ means ‘‘(9) FOREIGN ENTITY.—
under subsection (a). the power, direct or indirect, whether exer- ‘‘(A) IN GENERAL.—Except as provided by
(2) METRICS AND MINIMUM STANDARDS.—The cised or not exercised, to determine, direct, subparagraph (B), the term ‘foreign entity’
rule promulgated pursuant to paragraph (1) or decide important matters affecting an en- means any branch, partnership, group or
shall include metrics and minimum stand- tity, subject to regulations prescribed by the sub-group, association, estate, trust, cor-
ards for measuring the performance and Committee. poration or division of a corporation, or or-
service quality of rail carriers operating as ‘‘(4) COUNTRY OF CONCERN.—The term ganization organized under the laws of a for-
common carriers under section 11101 of title ‘country of concern’— eign country if—
49, United States Code. ‘‘(A) has the meaning given the term ‘for- ‘‘(i) its principal place of business is out-
(3) CONSIDERATIONS.—In developing the eign adversary’ in section 8(c)(2) of the Se- side the United States; or
metrics and minimum standards referred to cure and Trusted Communications Networks ‘‘(ii) its equity securities are primarily
in paragraph (2), the Board shall consider— Act of 2019 (47 U.S.C. 1607(c)(2)); and traded on one or more foreign exchanges.
(A) all of the requirements for operating as ‘‘(B) may include a nonmarket economy ‘‘(B) EXCEPTION.—The term ‘foreign entity’
a common carrier under section 11101 of title country (as defined in section 771(18) of the does not include any entity described in sub-
49, United States Code, including the re- Tariff Act of 1930 (19 U.S.C. 1677(18))) identi- paragraph (A) that can demonstrate that a
quirements described in sections 11101(a) and fied by the Committee for purposes of this majority of the equity interest in such enti-
10702(2) of such title; paragraph by regulation. ty is ultimately owned by nationals of the
(B) the impacts of reductions in service ‘‘(5) COVERED TRANSACTION.— United States.
and employment levels on the provision of ‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(10) FOREIGN PERSON.—The term ‘foreign
reasonable service; vided, the term ‘covered transaction’ means person’ means—
(C) whether reductions in the availability any of the following transactions, proposed ‘‘(A) any foreign national, foreign govern-
of equipment, the maintenance of equip- or pending on or after the date of the enact- ment, or foreign entity;
ment, and infrastructure are dispropor- ment of this title: ‘‘(B) any entity over which control is exer-
tionate to any changes in demand for serv- ‘‘(i) Any transaction by a United States cised or exercisable by a foreign national,
ice; and business that— foreign government, or foreign entity; or
(D) whether surcharges or conditions are ‘‘(I) shifts or relocates to a country of con- ‘‘(C) any entity over which control is exer-
imposed as requirements for service when cern, or transfers to an entity of concern, the cised or exercisable by a person described in
the rail carrier could profitably provide serv- design, development, production, manufac- subparagraph (A) or (B).
ice under competitive rates. ture, fabrication, supply, servicing, testing, ‘‘(11) NATIONAL CRITICAL CAPABILITIES.—
(4) MULTI-FACTOR COMPLIANCE TEST.— management, operation, investment, owner- The term ‘national critical capabilities’, sub-
(A) DEVELOPMENT.—The Surface Transpor- ship, or any other essential elements involv- ject to regulations prescribed by the Com-
tation Board shall develop a multi-factor ing one or more national critical capabilities mittee—
test for determining a common carrier’s identified under subparagraph (B)(ii); or ‘‘(A) means systems and assets, whether
compliance with its obligations under sec- ‘‘(II) could result in an unacceptable risk physical or virtual, so vital to the United
tion 11101 of title 49, United States Code. to a national critical capability. States that the inability to develop such sys-
(B) USE OF TEST.—Upon the promulgation ‘‘(ii) Any other transaction, transfer, tems and assets or the incapacity or destruc-
of the final rule pursuant to this subsection, agreement, or arrangement, the structure of tion of such systems or assets would have a
the Surface Transportation Board shall which is designed or intended to evade or cir- debilitating impact on national security or
apply the test developed pursuant to sub- cumvent the application of this title, subject crisis preparedness; and
paragraph (A) in all of its informal and for- to regulations prescribed by the Committee. ‘‘(B) includes the following:
mal service complaint proceedings. ‘‘(B) REGULATIONS.— ‘‘(i) The production, in sufficient quan-
--- ‘‘(i) IN GENERAL.—The Committee shall tities, of any of the following articles:
SA 4755. Mr. CASEY (for himself, Mr. prescribe regulations further defining the ‘‘(I) Medical supplies, medicines, and per-
CORNYN, and Mr. RUBIO) submitted an term ‘covered transaction’ in accordance sonal protective equipment.
with subchapter II of chapter 5, and chapter ‘‘(II) Articles essential to the operation,
amendment intended to be proposed by
7, of title 5, United States Code (commonly manufacture, supply, service, or mainte-
him to the bill H.R. 4350, to authorize known as the ‘Administrative Procedure nance of critical infrastructure.
appropriations for fiscal year 2022 for Act’). ‘‘(III) Articles critical to infrastructure
military activities of the Department ‘‘(ii) IDENTIFICATION OF NATIONAL CRITICAL construction after a natural or manmade dis-
of Defense, for military construction, CAPABILITIES.—For purposes of subparagraph aster.
and for defense activities of the De- (A)(I), the regulations prescribed by the ‘‘(IV) Articles that are components of sys-
partment of Energy, to prescribe mili- Committee under clause (i) shall— tems critical to the operation of weapons
tary personnel strengths for such fiscal ‘‘(I) identify the national critical capabili- systems, intelligence collection systems, or
ties subject to that subparagraph based on items critical to the conduct of military or
year, and for other purposes; which was
criteria intended to limit application of that intelligence operations.
ordered to lie on the table; as follows: subparagraph to the subset of national crit- ‘‘(V) Any other articles identified in regu-
At the end of subtitle G of title X, add the ical capabilities that is likely to pose an un- lations prescribed under section 1007.
following: acceptable risk to the national security and ‘‘(ii) Supply chains for the production of
SEC. 1064. NATIONAL CRITICAL CAPABILITIES crisis preparedness of the United States; and articles described in clause (i).
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REVIEWS. ‘‘(II) enumerate, quantify, prioritize, and ‘‘(iii) Essential supply chains for the De-
(a) IN GENERAL.—The Trade Act of 1974 (19 set forth sufficient allowances of, specific partment of Defense.
U.S.C. 2101 et seq.) is amended by adding at types and examples of such capabilities. ‘‘(iv) Any other supply chains identified in
the end the following: ‘‘(6) CRISIS PREPAREDNESS.—The term ‘cri- regulations prescribed under section 1007.
‘‘TITLE X—NATIONAL CRITICAL sis preparedness’ means preparedness for— ‘‘(v) Services critical to the production of
CAPABILITIES REVIEWS ‘‘(A) a public health emergency declared articles described in clause (i) or a supply
‘‘SEC. 1001. DEFINITIONS. under section 319 of the Public Health Serv- chain described in clause (ii), (iii), or (iv).
‘‘In this title: ice Act (42 U.S.C. 247d); or ‘‘(vi) Medical services.
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8363
‘‘(vii) Services critical to the maintenance ‘‘(1) IN GENERAL.—The United States Trade divestment relief, in the district courts of
of critical infrastructure. Representative shall serve as the chairperson the United States, in order to implement and
‘‘(viii) Services critical to infrastructure of the Committee. enforce this section.
construction after a natural or manmade dis- ‘‘(2) CONSULTATIONS WITH SECRETARIES OF ‘‘(d) FINDINGS OF THE PRESIDENT.—The
aster. DEFENSE AND COMMERCE.—In carrying out the President may exercise the authority con-
‘‘(ix) Any other services identified in regu- duties of the chairperson of the Committee, ferred by subsection (a) to suspend or pro-
lations prescribed under section 1007. the United States Trade Representative shall hibit a covered transaction only if the Presi-
‘‘(12) NATIONAL SECURITY.—The term ‘na- consult with the Secretary of Defense and dent finds that—
tional security’ includes— the Secretary of Commerce. ‘‘(1) there is credible evidence that leads
‘‘(A) national security, as defined in sec- ‘‘(d) DESIGNATION OF OFFICIALS TO CARRY the President to believe that the transaction
tion 721(a) of the Defense Production Act of OUT DUTIES RELATED TO COMMITTEE.—The poses an unacceptable risk to one or more
1950 (50 U.S.C. 4565(a)); head of each agency represented on the Com- national critical capabilities; and
‘‘(B) national defense, as defined in section mittee shall designate an official, at or ‘‘(2) provisions of law (other than this sec-
702 of that Act (50 U.S.C. 4552); and equivalent to the level of Assistant Sec- tion) do not, in the judgment of the Presi-
‘‘(C) agricultural security and natural re- retary in the Department of the Treasury, dent, provide adequate and appropriate au-
sources security. who is appointed by the President, by and thority for the President to protect such ca-
‘‘(13) PARTY.—The term ‘party’, with re- with the advice and consent of the Senate, to pabilities.
spect to a transaction, has the meaning carry out such duties related to the Com- ‘‘(e) FACTORS TO BE CONSIDERED.—For pur-
given that term in regulations prescribed by mittee as the head of the agency may assign. poses of determining whether to take action
the Committee. ‘‘SEC. 1003. REVIEW OF COVERED TRANSACTIONS. under subsection (a), the President shall con-
‘‘(14) UNITED STATES.—The term ‘United ‘‘(a) MANDATORY NOTIFICATION.—A United sider, among other factors, each of the fac-
States’ means the several States, the Dis- States business that engages in a covered tors described in section 1005, as appropriate.
trict of Columbia, and any territory or pos- transaction shall submit a written notifica- ‘‘SEC. 1005. FACTORS TO BE CONSIDERED.
session of the United States. tion of the transaction to the Committee. ‘‘The Committee, in reviewing and making
‘‘(15) UNITED STATES BUSINESS.—The term ‘‘(b) REVIEW.— a determination with respect to a covered
‘United States business’ means a person en- ‘‘(1) IN GENERAL.—Not later than 60 days transaction under section 1003, and the
gaged in interstate commerce in the United after receiving written notification under President, in determining whether to take
States. subsection (a) of a covered transaction, the action under section 1004 with respect to a
‘‘SEC. 1002. COMMITTEE ON NATIONAL CRITICAL Committee may— covered transaction, shall consider any fac-
CAPABILITIES. ‘‘(A) review the transaction to determine if tors relating to national critical capabilities
‘‘(a) IN GENERAL.—There is established a the transaction is likely to result in an un- that the Committee or the President con-
committee, to be known as the ‘Committee acceptable risk to one or more national crit- siders relevant, including—
on National Critical Capabilities’, which ical capabilities, including by considering ‘‘(1) the long-term strategic economic, na-
shall carry out this title and such other as- factors specified in section 1005; and tional security, and crisis preparedness in-
signments as the President may designate. ‘‘(B) if the Committee determines under terests of the United States;
‘‘(b) MEMBERSHIP.— subparagraph (A) that the transaction poses ‘‘(2) the history of distortive or predatory
‘‘(1) IN GENERAL.—The Committee shall be a risk described in that subparagraph, make trade practices in each country in which a
comprised of the head, or a designee of the recommendations— foreign person that is a party to the trans-
head, of each of the following: ‘‘(i) to the President for appropriate action action is domiciled;
‘‘(A) The Office of the United States Trade that may be taken under this title or under ‘‘(3) control and beneficial ownership (as
Representative. other existing authorities to address or miti- determined in accordance with section 847 of
‘‘(B) The Department of Commerce. gate that risk; and the National Defense Authorization Act for
‘‘(C) The Office of Science and Technology ‘‘(ii) to Congress for the establishment or Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
Policy. expansion of Federal programs to support 2509 note)) of each foreign person that is a
‘‘(D) The Department of the Treasury. the production or supply of articles and serv- party to the transaction; and
‘‘(E) The Department of Homeland Secu- ices described in section 1001(a)(11)(B) in the ‘‘(4) impact on the domestic industry and
rity. United States. resulting resiliency, including the domestic
‘‘(F) The Department of Defense. ‘‘(2) UNILATERAL INITIATION OF REVIEW.— skills base, taking into consideration any
‘‘(G) The Department of State. The Committee may initiate a review under pattern of foreign investment in the domes-
‘‘(H) The Department of Justice. paragraph (1) of a covered transaction for tic industry.
‘‘(I) The Department of Energy. which written notification is not submitted ‘‘SEC. 1006. SUPPLY CHAIN SENSITIVITIES.
‘‘(J) The Department of Health and Human under subsection (a). ‘‘The Committee shall determine the sen-
Services. ‘‘(3) INITIATION OF REVIEW BY REQUEST FROM sitivities and risks for sourcing of articles
‘‘(K) The Department of Agriculture. CONGRESS.—The Committee shall initiate a described in section 1001(a)(11)(B)(i), in ac-
‘‘(L) The Department of Labor. review under paragraph (1) of a covered cordance with the following:
‘‘(M) Any other Federal agency the Presi- transaction if the chairperson and the rank- ‘‘(1) The sourcing of least concern shall be
dent determines appropriate, generally or on ing member of one of the appropriate con- articles the supply chains for which are
a case-by-case basis. gressional committees jointly request the housed in whole within countries that are al-
‘‘(2) EX OFFICIO MEMBERS.— Committee to review the transaction. lies of the United States.
‘‘(A) IN GENERAL.—In addition to the mem- ‘‘(c) TREATMENT OF BUSINESS CONFIDENTIAL ‘‘(2) The sourcing of greater concern shall
bers of the Committee specified in paragraph INFORMATION.—A United States business be articles the supply chains for which are
(1), the following shall, except as provided in shall submit each notification required by housed in part within countries of concern or
subparagraph (B), be nonvoting, ex officio subsection (a) to the Committee— from an entity of concern but for which sub-
members of the Committee: ‘‘(1) in a form that includes business con- stitute production is available from else-
‘‘(i) The Director of National Intelligence. fidential information; and where at required scale.
‘‘(ii) The Administrator of the Federal ‘‘(2) in a form that omits business con- ‘‘(3) The sourcing of greatest concern shall
Emergency Management Agency. fidential information and is appropriate for be articles the supply chains for which are
‘‘(iii) The Director of the National Insti- disclosure to the public. housed wholly or in part in countries of con-
tute of Standards and Technology. ‘‘SEC. 1004. ACTION BY THE PRESIDENT. cern or from an entity of concern and for
‘‘(iv) The Director of the Centers for Dis- ‘‘(a) IN GENERAL.—Subject to subsection which substitute production is unavailable
ease Control and Prevention. (d), the President may take such action for elsewhere at required scale.
‘‘(v) The Director of the National Institute such time as the President considers appro- ‘‘SEC. 1007. IDENTIFICATION OF ADDITIONAL NA-
of Allergy and Infectious Diseases. priate to address or mitigate any unaccept- TIONAL CRITICAL CAPABILITIES.
‘‘(vi) The Chairperson of the Federal Com- able risk posed by a covered transaction to ‘‘(a) IN GENERAL.—The Committee should
munications Commission. one or more national critical capabilities, in- prescribe regulations to identify additional
‘‘(vii) The Chairperson of the Securities cluding suspending or prohibiting the cov- articles, supply chains, and services to rec-
and Exchange Commission. ered transaction. ommend for inclusion in the definition of
‘‘(viii) The Chairperson of the Commodity ‘‘(b) ANNOUNCEMENT BY THE PRESIDENT.— ‘national critical capabilities’ under section
Futures Trading Commission. The President shall announce the decision on 1001(a)(11).
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‘‘(ix) The Administrator of the Federal whether or not to take action pursuant to ‘‘(b) REVIEW OF INDUSTRIES.—
Aviation Administration. subsection (a) with respect to a covered ‘‘(1) IN GENERAL.—In identifying under sub-
‘‘(B) DESIGNATION AS VOTING MEMBERS.— transaction not later than 15 days after the section (a) additional articles, supply chains,
The chairperson of the Committee may des- date on which the review of the transaction and services to recommend for inclusion in
ignate any of the officials specified in under section 1003 is completed. the definition of ‘national critical capabili-
clauses (ii) through (ix) of subparagraph (A) ‘‘(c) ENFORCEMENT.—The President may di- ties’ under section 1001(a)(11), the Committee
as voting members of the Committee. rect the Attorney General of the United should conduct a review of industries identi-
‘‘(c) CHAIRPERSON.— States to seek appropriate relief, including fied by Federal Emergency Management
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S8364 CONGRESSIONAL RECORD — SENATE November 17, 2021
Agency as carrying out emergency support of Commerce for Industry and Security, and ‘‘Sec. 1011. Multilateral engagement and co-
functions, including the following industries: the Committee on Foreign Investment in the ordination.
‘‘(A) Energy. United States to avoid duplication of effort. ‘‘Sec. 1012. Authorization of appropriations.
‘‘(B) Medical. ‘‘SEC. 1010. REQUIREMENTS RELATED TO GOV- ‘‘Sec. 1013. Rule of construction with respect
‘‘(C) Communications, including electronic ERNMENT PROCUREMENT. to free and fair commerce.’’.
and communications components. ‘‘(a) IN GENERAL.—Not later than 90 days ---
‘‘(D) Defense. after the date of the enactment of the Na- SA 4756. Mrs. SHAHEEN (for herself
‘‘(E) Transportation. tional Defense Authorization Act for Fiscal and Mr. PORTMAN) submitted an
‘‘(F) Aerospace, including space launch. Year 2022, the Federal Acquisition Regula- amendment intended to be proposed to
‘‘(G) Robotics. tion shall be revised to require each person amendment SA 3867 submitted by Mr.
‘‘(H) Artificial intelligence. that is a prospective contractor for an execu- REED and intended to be proposed to
‘‘(I) Semiconductors. tive agency to disclose the supply chains the the bill H.R. 4350, to authorize appro-
‘‘(J) Shipbuilding. person would use to carry out the contract priations for fiscal year 2022 for mili-
‘‘(K) Water, including water purification. and the extent to which the person would de- tary activities of the Department of
‘‘(2) QUANTIFICATION.—In conducting a re- pend on articles and services imported from
Defense, for military construction, and
view of industries under paragraph (1), the foreign countries, including the percentage
Committee should specify the quantity of ar- of such materials and services imported from for defense activities of the Depart-
ticles, supply chains, and services, and spe- countries of concern. ment of Energy, to prescribe military
cific types and examples of transactions, ‘‘(b) MATERIALITY.—The head of an execu- personnel strengths for such fiscal
from each industry sufficient to maintain tive agency shall consider the failure of a year, and for other purposes; which was
national critical capabilities. person to make the disclosures required by ordered to lie on the table; as follows:
‘‘SEC. 1008. REPORTING REQUIREMENTS. subsection (a) to be material determinants At the appropriate place, insert the fol-
‘‘(a) ANNUAL REPORT TO CONGRESS.— in awarding a contract to that person. lowing:
‘‘(1) IN GENERAL.—Not later than 90 days ‘‘(c) APPLICABILITY.—The revisions to the Subtitle ll—Combating Synthetic Drugs
after the date of the enactment of the Na- Federal Acquisition Regulation required
SEC. l01. SHORT TITLE.
tional Defense Authorization Act for Fiscal under subsection (a) shall apply with respect
to contracts for which solicitations are This subtitle may be cited as the ‘‘Fight-
Year 2022, and annually thereafter, the Com- ing Emerging Narcotics Through Additional
mittee shall submit to the appropriate con- issued on or after the date that is 90 days
Nations to Yield Lasting Results Act’’ or the
gressional committees a report— after the date of the enactment of the Na-
‘‘FENTANYL Results Act’’.
‘‘(A) on the determination under section tional Defense Authorization Act for Fiscal
SEC. l02. PRIORITIZATION OF EFFORTS OF THE
1006 with respect to sensitivities and risks Year 2022. DEPARTMENT OF STATE TO COMBAT
for sourcing of articles described in section ‘‘(d) DEFINITIONS.—In this section: INTERNATIONAL TRAFFICKING IN
1001(a)(11)(B)(i); ‘‘(1) EXECUTIVE AGENCY.—The term ‘execu- COVERED SYNTHETIC DRUGS.
‘‘(B) assessing whether identification of ad- tive agency’ has the meaning given that (a) IN GENERAL.—The Secretary of State
ditional national critical capabilities under term in section 133 of title 41, United States shall prioritize efforts of the Department of
section 1007 is necessary; and Code. State to combat international trafficking of
‘‘(C) describing, for the year preceding sub- ‘‘(2) FEDERAL ACQUISITION REGULATION.— covered synthetic drugs by carrying out pro-
mission of the report— The term ‘Federal Acquisition Regulation’ grams and activities to include the fol-
‘‘(i) the notifications received under sub- means the regulation issued pursuant to sec- lowing:
section (a) of section 1003 and reviews con- tion 1303(a)(1) of title 41, United States Code. (1) Supporting increased data collection by
ducted pursuant to such notifications; ‘‘SEC. 1011. MULTILATERAL ENGAGEMENT AND the United States and foreign countries
COORDINATION. through increased drug use surveys among
‘‘(ii) reviews initiated under paragraph (2)
‘‘The United States Trade Representa- populations, increased use of wastewater
or (3) of subsection (b) of that section;
tive— testing where appropriate, and multilateral
‘‘(iii) actions recommended by the Com-
‘‘(1) should, in coordination and consulta- sharing of that data.
mittee under subsection (b)(1)(B) of that sec-
tion with relevant Federal agencies, conduct (2) Engaging in increased consultation and
tion as a result of such reviews; and
multilateral engagement with the govern- partnership with international drug agen-
‘‘(iv) reviews during which the Committee
ments of countries that are allies of the cies, including the European Monitoring
determined no action was required; and
United States to secure coordination of pro- Centre for Drugs and Drug Addiction, regu-
‘‘(D) assessing the overall impact of such
tocols and procedures with respect to cov- latory agencies in foreign countries, and the
reviews on national critical capabilities.
ered transactions with countries of concern; United Nations Office on Drugs and Crime.
‘‘(2) FORM OF REPORT.—The report required
and (3) Carrying out programs to provide tech-
by paragraph (1) shall be submitted in un-
‘‘(2) upon adoption of protocols and proce- nical assistance and equipment, as appro-
classified form but may include a classified
dures described in paragraph (1), shall work priate, to strengthen the capacity of foreign
annex.
‘‘(b) USE OF DEFENSE PRODUCTION ACT OF with those governments to establish infor- law enforcement agencies with respect to
1950 AUTHORITIES.—Not later than 180 days mation sharing regimes. covered synthetic drugs, as required by sec-
after the date of the enactment of the Na- ‘‘SEC. 1012. AUTHORIZATION OF APPROPRIA- tion l03.
TIONS. (4) Carrying out exchange programs for
tional Defense Authorization Act for Fiscal
‘‘There are authorized to be appropriated governmental and nongovernmental per-
Year 2022, the Committee shall submit to
such sums as may be necessary to carry out sonnel in the United States and in foreign
Congress a report that includes recommenda-
this title, including to provide outreach to countries to provide educational and profes-
tions relating to use the authorities under
industry and persons affected by this title. sional development on demand reduction
title III of the Defense Production Act of 1950
‘‘SEC. 1013. RULE OF CONSTRUCTION WITH RE- matters relating to the illicit use of covered
(50 U.S.C. 4531 et seq.) to make investments
SPECT TO FREE AND FAIR COM- synthetic drugs and other drugs, as required
to enhance national critical capabilities and MERCE.
reduce dependency on materials and services by section l04.
‘‘Nothing in this title may be construed as (b) REPORT.—
imported from foreign countries. prohibiting or limiting the free and fair flow (1) IN GENERAL.—Not later than one year
‘‘SEC. 1009. REQUIREMENT FOR REGULATIONS. of commerce outside of the United States after the date of the enactment of this Act,
‘‘(a) IN GENERAL.—The Committee shall that does not pose an unacceptable risk to a the Secretary of State shall submit to the
prescribe regulations to carry out this title. national critical capability.’’. appropriate congressional committees a re-
‘‘(b) ELEMENTS.—Regulations prescribed to (b) CLERICAL AMENDMENT.—The table of port on the implementation of this section.
carry out this title shall— contents for the Trade Act of 1974 is amended (2) APPROPRIATE CONGRESSIONAL COMMIT-
‘‘(1) provide for the imposition of civil pen- by adding at the end the following: TEES DEFINED.—In this subsection, the term
alties for any violation of this title, includ- ‘‘TITLE X—NATIONAL CRITICAL ‘‘appropriate congressional committees’’
ing any mitigation agreement entered into, CAPABILITIES REVIEWS means—
conditions imposed, or order issued pursuant
‘‘Sec. 1001. Definitions. (A) the Committee on Foreign Relations
to this title; and
‘‘Sec. 1002. Committee on National Critical and the Committee on Appropriations of the
‘‘(2) include specific examples of the types
Capabilities. Senate; and
of— ‘‘Sec. 1003. Review of covered transactions. (B) the Committee on Foreign Affairs and
‘‘(A) the transactions that will be consid-
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‘‘Sec. 1004. Action by the President. the Committee on Appropriations of the
ered to be covered transactions; and ‘‘Sec. 1005. Factors to be considered. House of Representatives.
‘‘(B) the articles, supply chains, and serv- ‘‘Sec. 1006. Supply chain sensitivities. SEC. l03. PROGRAM TO PROVIDE ASSISTANCE
ices that will be considered to be national ‘‘Sec. 1007. Identification of additional na- TO BUILD THE CAPACITY OF FOR-
critical capabilities. tional critical capabilities. EIGN LAW ENFORCEMENT AGENCIES
‘‘(c) COORDINATION.—In prescribing regula- ‘‘Sec. 1008. Reporting requirements. WITH RESPECT TO COVERED SYN-
tions to carry out this title, the Committee ‘‘Sec. 1009. Requirement for regulations. THETIC DRUGS.
shall coordinate with the United States ‘‘Sec. 1010. Requirements related to govern- (a) IN GENERAL.—Notwithstanding section
Trade Representative, the Under Secretary ment procurement. 660 of the Foreign Assistance Act of 1961 (22
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8365
U.S.C. 2420), the Secretary of State shall es- ber of manufacturers and producers of such stances Act (21 U.S.C. 802(6))), including
tablish a program to provide assistance to drugs in such countries. fentanyl or a fentanyl analogue; or
strengthen the capacity of law enforcement ‘‘(ii) Information on any law enforcement (B) a new psychoactive substance.
agencies of the countries described in sub- assessments of the scale of illegal production (2) NEW PSYCHOACTIVE SUBSTANCE.—The
section (c) to help such agencies to identify, of such drugs, including a description of the term ‘‘new psychoactive substance’’ means a
track, and improve their forensics detection capacity of illegal laboratories to produce substance of abuse, or any preparation there-
capabilities with respect to covered syn- such drugs. of, that—
thetic drugs. ‘‘(iii) The types of inputs used and a de- (A) is not—
(b) PRIORITY.—The Secretary of State shall scription of the primary methods of syn- (i) included in any schedule as a controlled
prioritize technical assistance, and the pro- thesis employed by illegal producers of such substance under the Controlled Substances
vision of equipment, as appropriate, under drugs. Act (21 U.S.C. 801 et seq.); or
subsection (a) among those countries de- ‘‘(iv) An assessment of the policies of such (ii) controlled by the Single Convention on
scribed in subsection (c) in which such as- countries to regulate licit manufacture and Narcotic Drugs, done at New York March 30,
sistance and equipment would have the most interdict illicit manufacture, diversion, dis- 1961, or the Convention on Psychotropic Sub-
impact in reducing illicit use of covered syn- tribution, shipment, and trafficking of such stances, done at Vienna February 21, 1971;
thetic drugs in the United States. drugs and an assessment of the effectiveness (B) is new or has reemerged on the illicit
(c) COUNTRIES DESCRIBED.—The foreign of the policies’ implementation. market; and
countries described in this subsection are— ‘‘(B) NEW PSYCHOACTIVE SUBSTANCES.—In- (C) poses a threat to the public health and
(1) countries that are producers of covered formation on, to the extent practicable, any safety.
synthetic drugs; policies of responding to new psychoactive
(2) countries whose pharmaceutical and substances, to include the following:
‘‘(i) Which governments have articulated
SA 4757. Mr. BURR (for himself and
chemical industries are known to be ex-
ploited for development or procurement of policies on scheduling of such substances. Ms. KLOBUCHAR) submitted an amend-
precursors of covered synthetic drugs; or ‘‘(ii) Any data on impacts of such policies ment intended to be proposed to
(3) major drug-transit countries for cov- and other responses to such substances. amendment SA 3867 submitted by Mr.
ered synthetic drugs as defined by the Sec- ‘‘(iii) An assessment of any policies the REED and intended to be proposed to
retary of State. United States could adopt to improve its re- the bill H.R. 4350, to authorize appro-
(d) AUTHORIZATION OF APPROPRIATIONS.— sponse to new psychoactive substances. priations for fiscal year 2022 for mili-
There is authorized to be appropriated to the ‘‘(C) DEFINITIONS.—In this paragraph, the
terms ‘covered synthetic drug’ and ‘new
tary activities of the Department of
Secretary of State to carry out this section
$4,000,000 for each of the fiscal years 2022 psychoactive substance’ have the meaning Defense, for military construction, and
through 2026. Such amounts shall be in addi- given those terms in section l07 of the for defense activities of the Depart-
tion to amounts otherwise available for such FENTANYL Results Act.’’. ment of Energy, to prescribe military
purposes. (b) DEFINITION OF MAJOR ILLICIT DRUG PRO- personnel strengths for such fiscal
SEC. l04. EXCHANGE PROGRAM ON DEMAND RE- DUCING COUNTRY.—Section 481(e) of the For- year, and for other purposes; which was
DUCTION MATTERS RELATING TO IL- eign Assistance Act of 1961 (22 U.S.C. 2291(e))
ordered to lie on the table; as follows:
LICIT USE OF COVERED SYNTHETIC is amended—
DRUGS. (1) in paragraph (2)— At the appropriate place, insert the fol-
(a) IN GENERAL.—The Secretary of State (A) by striking ‘‘means a country in lowing:
shall establish or continue and strengthen, which—’’ and inserting the following: SEC. ølll¿. REVISION OF STANDARD OCCUPA-
as appropriate, an exchange program for gov- ‘‘means— TIONAL CLASSIFICATION SYSTEM.
ernmental and nongovernmental personnel ‘‘(A) a country in which—’’; The Director of the Office of Management
in the United States and in foreign countries (B) by redesignating subparagraphs (A), and Budget shall, not later than 30 days after
to provide educational and professional de- (B), and (C) as clauses (i), (ii), and (iii), re- the date of enactment of this Act, categorize
velopment on demand reduction matters re- spectively, and moving such clauses, as so public safety telecommunicators as a protec-
lating to the illicit use of covered synthetic redesignated, two ems to the right; tive service occupation under the Standard
drugs and other drugs. (C) in subparagraph (A)(iii), as redesig- Occupational Classification System.
(b) PROGRAM REQUIREMENTS.—The program nated by this paragraph, by striking the
required by subsection (a)— semicolon at the end and inserting ‘‘; or’’;
(1) shall be limited to individuals who have and SA 4758. Mr. MARSHALL submitted
expertise and experience in matters de- (D) by adding at the end the following new an amendment intended to be proposed
scribed in subsection (a); subparagraph: to amendment SA 3867 submitted by
(2) in the case of inbound exchanges, may ‘‘(B) a country which is a significant direct Mr. REED and intended to be proposed
be carried out as part of exchange programs source of covered synthetic drugs or psycho- to the bill H.R. 4350, to authorize ap-
and international visitor programs adminis- tropic drugs or other controlled substances propriations for fiscal year 2022 for
tered by the Bureau of Educational and Cul- significantly affecting the United States;’’;
military activities of the Department
tural Affairs of the Department of State, in- (2) by amending paragraph (5) to read as
follows: of Defense, for military construction,
cluding the International Visitor Leadership
Program, in coordination with the Bureau of ‘‘(5) the term ‘major drug-transit country’ and for defense activities of the De-
International Narcotics and Law Enforce- means a country through which are trans- partment of Energy, to prescribe mili-
ment Affairs; and ported covered synthetic drugs or psycho- tary personnel strengths for such fiscal
(3) shall include outbound exchanges for tropic drugs or other controlled substances year, and for other purposes; which was
governmental or nongovernmental personnel significantly affecting the United States;’’; ordered to lie on the table; as follows:
in the United States. (3) in paragraph (8), by striking the period
at the end and inserting ‘‘; and’’; and At the end of subtitle C of title XII, add
(c) AUTHORIZATION OF APPROPRIATIONS.—
(4) by adding at the end the following: the following:
There is authorized to be appropriated to the
Secretary of State to carry out this section ‘‘(9) the term ‘covered synthetic drug’ has SEC. 1224. REPORT ON IRANIAN MILITARY CAPA-
$1,000,000 for each of fiscal years 2022 through the meaning given that term in section l07 BILITIES.
2026. Such amounts shall be in addition to of the FENTANYL Results Act.’’. (a) IN GENERAL.—Not later than 180 days
amounts otherwise available for such pur- SEC. l06. SENSE OF CONGRESS. after the date of the enactment of this Act,
poses. It is the sense of Congress that— the Secretary of Defense shall submit to the
SEC. l05. AMENDMENTS TO INTERNATIONAL (1) the President should direct the United Committees on Armed Services of the House
NARCOTICS CONTROL PROGRAM. States Representative to the United Nations of Representatives and the Senate a report
(a) INTERNATIONAL NARCOTICS CONTROL to use the voice, vote, and influence of the that includes a detailed description of—
STRATEGY REPORT.—Section 489(a) of the United States at the United Nations to advo- (1) improvements to Iranian military capa-
Foreign Assistance Act of 1961 (22 U.S.C. cate for more transparent assessments of bilities in the preceding 180-day period, in-
2291h(a)) is amended by inserting after para- countries by the International Narcotics cluding capabilities of the Islamic Revolu-
graph (9) the following new paragraph: Control Board; and tionary Guard Corps, the Quds Force, the
‘‘(10) COVERED SYNTHETIC DRUGS AND NEW (2) bilateral, plurilateral, and multilateral Artesh, and the Basij, as well as those of its
PSYCHOACTIVE SUBSTANCES.— international cooperation is essential to terrorist proxies; and
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‘‘(A) COVERED SYNTHETIC DRUGS.—Informa- combating the trafficking of covered syn- (2) the direct or indirect impact that the
tion that contains an assessment of the thetic drugs. suspension, issuance, or revocation of any
countries significantly involved in the man- SEC. l07. DEFINITIONS. waiver, license, or suspension of economic
ufacture, production, transshipment, or traf- In this subtitle: sanctions on Iran may have on such capabili-
ficking of covered synthetic drugs, to in- (1) COVERED SYNTHETIC DRUG.—The term ties.
clude the following: ‘‘covered synthetic drug’’ means— (b) FORM.—The report required under sub-
‘‘(i) The scale of legal domestic production (A) a synthetic controlled substance (as de- section (a) shall be submitted in unclassified
and any available information on the num- fined in section 102(6) of the Controlled Sub- form but may contain a classified annex.
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S8366 CONGRESSIONAL RECORD — SENATE November 17, 2021
SA 4759. Mr. BROWN (for himself and ommendations to address those challenges, year, and for other purposes; which was
Mr. PORTMAN) submitted an amend- and create action plans to implement the ordered to lie on the table; as follows:
ment intended to be proposed to recommendations.
At the end of subtitle B of title III, add the
amendment SA 3867 submitted by Mr. SA 4761. Mr. WARNOCK (for himself following:
REED and intended to be proposed to and Mr. RUBIO) submitted an amend- SEC. 318. ANNUAL REPORT ON DEPLOYMENT OF
the bill H.R. 4350, to authorize appro- PHOTOVOLTAIC DEVICES BY DE-
ment intended to be proposed to PARTMENT OF DEFENSE.
priations for fiscal year 2022 for mili- amendment SA 3867 submitted by Mr. Section 2925 of title 10, United States Code,
tary activities of the Department of REED and intended to be proposed to is amended by adding at the end the fol-
Defense, for military construction, and the bill H.R. 4350, to authorize appro- lowing new subsection:
for defense activities of the Depart- priations for fiscal year 2022 for mili- ‘‘(c) ANNUAL REPORT RELATED TO DEPLOY-
ment of Energy, to prescribe military tary activities of the Department of MENT OF PHOTOVOLTAIC DEVICES.—(1) Simul-
personnel strengths for such fiscal Defense, for military construction, and taneous with the annual report required by
year, and for other purposes; which was subsection (a), the Secretary of Defense, act-
for defense activities of the Depart- ing through the Assistant Secretary of De-
ordered to lie on the table; as follows: ment of Energy, to prescribe military fense for Energy, Installations, and Environ-
At the appropriate place in title II , insert personnel strengths for such fiscal ment, shall submit to the congressional de-
the following: year, and for other purposes; which was fense committees a report on the deploy-
SEC. lll. IDENTIFICATION OF, AND PLAN TO
IMPROVE, HYPERSONICS FACILITIES
ordered to lie on the table; as follows: ment of photovoltaic devices supporting the
AND CAPABILITIES FOR CON- At the end of subtitle E of title III, add the Department of Defense.
DUCTING TEST AND EVALUATION OF following: ‘‘(2) The annual report under this sub-
HYPERSONICS TECHNOLOGIES. SEC. 376. REPORT ON INITIATIVES OF DEPART- section shall include the following:
(a) IDENTIFICATION REQUIRED.—Not later MENT OF DEFENSE TO SOURCE LO- ‘‘(A) A description of all photovoltaic de-
than 180 days after the date of the enactment CALLY AND REGIONALLY PRODUCED vices installed on property of the Depart-
of this Act, the Secretary of Defense shall— FOODS FOR INSTALLATIONS OF THE ment of Defense or in a facility owned by the
DEPARTMENT. Department of Defense, including the fol-
(1) identify each facility and capability of
the Major Range and Test Facility Base and (a) IN GENERAL.—Not later than one year lowing information:
facilities and capabilities of all Federal test after the date of the enactment of this Act, ‘‘(i) The location of each such device.
facilities, including test facilities of the Na- the Comptroller General of the United States ‘‘(ii) The year each such device was in-
tional Aeronautics and Space Administra- shall submit to the appropriate committees stalled.
tion, and private sector organizations that— of Congress a report detailing— ‘‘(iii) The power rating of each such device.
(A) are capable of conducting test and eval- (1) efforts by the Department of Defense to ‘‘(iv) The manufacturer of each such de-
uation of hypersonics technologies; or establish and strengthen ‘‘farm to base’’ ini- vice.
(B) provide other test and evaluation capa- tiatives to source locally and regionally pro- ‘‘(v) The country or countries where such
bilities to support the development of duced foods, including seafood, for consump- manufacturer and its affiliates are
hypersonics technologies; and tion or distribution at installations of the headquartered or conduct material oper-
(2) not later than one year after the date of Department; ations.
the enactment of this Act, provide to the (2) efforts by the Department to collabo- ‘‘(vi) The country in which each such de-
congressional defense committees a briefing rate with relevant Federal agencies, includ- vice was manufactured.
on a plan and schedule to improve the capa- ing the Department of Veterans Affairs, the ‘‘(B) A description of all photovoltaic de-
bilities described in paragraph (1), including Department of Agriculture, and the Depart- vices used to perform or support any non-ex-
a description of proposed organizational ment of Commerce, in efforts to procure lo- pired energy savings performance contract
changes, investments, policy changes, and cally and regionally produced foods; (including under section 801 of the National
other activities. (3) current procurement practices of the Energy Conservation Policy Act (42 U.S.C.
(b) MAJOR RANGE AND TEST FACILITY BASE Department of Defense regarding food for 8287)), utility service contract, land lease,
DEFINED.—In this section, the term ‘‘Major consumption or distribution on installations private housing contract, contract entered
Range and Test Facility Base’’ has the of the Department; into under section 2922a of this title, or other
meaning given that term in section 196(i) of (4) opportunities where procurement of lo- arrangement whereby an agency of the De-
title 10, United States Code. cally and regionally produced foods would be partment of Defense acquired for the use or
beneficial to members of the Armed Forces, benefit of the United States Government
SA 4760. Mr. OSSOFF submitted an their families, military readiness by improv- solar energy or solar energy attributes,
ing health outcomes, and farmers near in- which shall include the information set forth
amendment intended to be proposed to
stallations of the Department; under clauses (i) through (vi) of subpara-
amendment SA 3867 submitted by Mr. (5) barriers currently preventing the De- graph (A) with respect to each such device.
REED and intended to be proposed to partment from increasing procurement of lo- ‘‘(3) If multiple photovoltaic devices are
the bill H.R. 4350, to authorize appro- cally and regionally produced foods or pre- deployed at a single site, the description of
priations for fiscal year 2022 for mili- venting producers from partnering with photovoltaic devices required under subpara-
tary activities of the Department of nearby installations of the Department; and graph (A) or (B) of paragraph (2) may be ag-
Defense, for military construction, and (6) recommendations for how the Depart- gregated if such devices share in common the
for defense activities of the Depart- ment can improve procurement practices to manufacturer, the country or countries
increase offerings of locally and regionally where such manufacturer and its affiliates
ment of Energy, to prescribe military
produced foods. are headquartered or conduct material oper-
personnel strengths for such fiscal (b) APPROPRIATE COMMITTEES OF CONGRESS ations, and the country in which such de-
year, and for other purposes; which was DEFINED.—In this section, the term ‘‘appro- vices were manufactured.
ordered to lie on the table; as follows: priate committees of Congress’’ means— ‘‘(4) The annual report under this sub-
At the end of subtitle G of title X, add the (1) the Committee on Armed Services, the section shall include descriptions only of
following: Committee on Commerce, Science, and photovoltaic devices that are designed to be
SEC. ll. NATIONAL EQUAL PAY ENFORCEMENT Transportation, and the Committee on Agri- affixed to land or real property and shall not
TASK FORCE. culture, Nutrition, and Forestry of the Sen- include portable photovoltaic devices.’’.
(a) IN GENERAL.—There is established the ate; and
National Equal Pay Enforcement Task (2) the Committee on Armed Services, the SA 4763. Mr. CORNYN (for himself,
Force, consisting of representatives from the Committee on Natural Resources, and the
Mr. RUBIO, Mrs. HYDE-SMITH, and Mr.
Equal Employment Opportunity Commis- Committee on Agriculture of the House of
Representatives. BRAUN) submitted an amendment in-
sion, the Department of Justice, the Depart-
ment of Labor, and the Office of Personnel
tended to be proposed to amendment
Management. SA 4762. Mr. WARNOCK submitted an SA 3867 submitted by Mr. REED and in-
(b) MISSION.—In order to improve compli- amendment intended to be proposed to tended to be proposed to the bill H.R.
ance, public education, and enforcement of amendment SA 3867 submitted by Mr. 4350, to authorize appropriations for
equal pay laws, the National Equal Pay En- REED and intended to be proposed to fiscal year 2022 for military activities
SSpencer on DSK126QN23PROD with SENATE
forcement Task Force shall ensure that the the bill H.R. 4350, to authorize appro- of the Department of Defense, for mili-
agencies listed in subsection (a) are coordi- priations for fiscal year 2022 for mili- tary construction, and for defense ac-
nating efforts and limiting potential gaps in
tary activities of the Department of tivities of the Department of Energy,
enforcement.
(c) DUTIES.—The National Equal Pay En- Defense, for military construction, and to prescribe military personnel
forcement Task Force shall investigate chal- for defense activities of the Depart- strengths for such fiscal year, and for
lenges related to pay inequity pursuant to ment of Energy, to prescribe military other purposes; which was ordered to
its mission in subsection (b), advance rec- personnel strengths for such fiscal lie on the table; as follows:
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8367
At the appropriate place, insert the fol- (C) the Committee on Homeland Security (A) by redesignating paragraphs (1), (2), (3),
lowing: of the House of Representatives. (4), (5), (6), and (7) as paragraphs (2), (3), (4),
SEC. llll. TREATMENT OF EXEMPTIONS AND (4) DIRECTOR.—The term ‘‘Director’’ means (5), (6), (9), and (11), respectively;
RECORDKEEPING UNDER FARA. the Director of the Office of Management (B) by inserting before paragraph (2), as so
(a) LIMITATION ON EXEMPTIONS.—Section 3 and Budget. redesignated, the following:
of the Foreign Agents Registration Act of (5) INCIDENT.—The term ‘‘incident’’ has the ‘‘(1) The term ‘additional cybersecurity
1938, as amended (22 U.S.C. 613), is amended, meaning given the term in section 3552(b) of procedure’ means a process, procedure, or
in the matter preceding subsection (a), by in- title 44, United States Code. other activity that is established in excess of
serting ‘‘, except that the exemptions under (6) NATIONAL SECURITY SYSTEM.—The term the information security standards promul-
subsections (d)(1) and (h) shall not apply to ‘‘national security system’’ has the meaning gated under section 11331(b) of title 40 to in-
any agent of a foreign principal that is in- given the term in section 3552(b) of title 44, crease the security and reduce the cyberse-
cluded on the list maintained by the Assist- United States Code. curity risk of agency systems.’’;
ant Secretary of Commerce for Communica- (7) PENETRATION TEST.—The term ‘‘penetra- (C) by inserting after paragraph (6), as so
tions and Information under section 5’’ be- tion test’’ has the meaning given the term in redesignated, the following:
fore the colon. section 3552(b) of title 44, United States ‘‘(7) The term ‘high value asset’ means in-
(b) BOOKS AND RECORDS.—Section 5 of the Code, as amended by this division. formation or an information system that the
Foreign Agents Registration Act of 1938, as (8) THREAT HUNTING.—The term ‘‘threat head of an agency determines so critical to
amended (22 U.S.C. 615), is amended by add- hunting’’ means proactively and iteratively the agency that the loss or corruption of the
ing at the end the following: ‘‘The Assistant searching for threats to systems that evade information or the loss of access to the infor-
Secretary of Commerce for Communications detection by automated threat detection sys- mation system would have a serious impact
and Information shall establish a list of, and tems. on the ability of the agency to perform the
any relevant information relating to, each mission of the agency or conduct business.
agent of a foreign principal that is a foreign TITLE LI—UPDATES TO FISMA
‘‘(8) The term ‘major incident’ has the
adversary (as defined in section 8(c) of the SEC. 5121. TITLE 44 AMENDMENTS. meaning given the term in guidance issued
Secure and Trusted Communications Net- (a) SUBCHAPTER I AMENDMENTS.—Sub- by the Director under section 3598(a).’’;
works Act of 2019 (47 U.S.C. 1607(c))). The As- chapter I of chapter 35 of title 44, United (D) by inserting after paragraph (9), as so
sistant Secretary of Commerce for Commu- States Code, is amended— redesignated, the following:
nications and Information shall update and (1) in section 3504— ‘‘(10) The term ‘penetration test’ means a
maintain the list and any related informa- (A) in subsection (a)(1)(B)— specialized type of assessment that—
tion under this subsection as the Assistant (i) by striking clause (v) and inserting the ‘‘(A) is conducted on an information sys-
Secretary determines to be necessary and ap- following: tem or a component of an information sys-
propriate.’’. ‘‘(v) confidentiality, privacy, disclosure, tem; and
(c) NATIONAL TELECOMMUNICATIONS AND IN- and sharing of information;’’; ‘‘(B) emulates an attack or other exploi-
FORMATION ADMINISTRATION PROGRAM MODI- (ii) by redesignating clause (vi) as clause tation capability of a potential adversary,
FICATION.—Section 8(a)(2) of the Secure and (vii); and typically under specific constraints, in order
Trusted Communications Networks Act of (iii) by inserting after clause (v) the fol- to identify any vulnerabilities of an informa-
2019 (47 U.S.C. 1607(a)(2)) is amended— lowing: tion system or a component of an informa-
(1) in subparagraph (C)(ii), by striking ‘‘(vi) in consultation with the National tion system that could be exploited.’’; and
‘‘and’’ at the end; Cyber Director and the Director of the Cy- (E) by inserting after paragraph (11), as so
(2) in subparagraph (D), by striking the pe- bersecurity and Infrastructure Security redesignated, the following:
riod at the end and inserting ‘‘; and’’; and Agency, security of information; and’’; and ‘‘(12) The term ‘shared service’ means a
(3) by adding at the end the following: (B) in subsection (g), by striking paragraph centralized business or mission capability
‘‘(E) notwithstanding paragraph (3), peri- (1) and inserting the following: that is provided to multiple organizations
odically submit to the Attorney General a ‘‘(1) develop, and in consultation with the within an agency or to multiple agencies.’’.
list of, and any relevant information relating Director of the Cybersecurity and Infrastruc- (2) CONFORMING AMENDMENTS.—
to, each foreign adversary identified for pur- ture Security Agency and the National (A) HOMELAND SECURITY ACT OF 2002.—Sec-
poses of the program.’’. 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 4764. Mr. MENENDEZ (for himself lines on privacy, confidentiality, security, striking ‘‘section 3552(b)(5)’’ and inserting
and Mr. RISCH) submitted an amend- disclosure and sharing of information col- ‘‘section 3552(b)’’.
ment 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- (ii) SECTION 2223.—Section 2223(c)(3) of title
(i) in subparagraph (B)—
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
period at the end and inserting ‘‘; and’’; and 3552(b)’’.
ordered to lie on the table; as follows:
(iii) by adding at the end the following: (iv) SECTION 2339A.—Section 2339a(e)(5) of
At the end, add the following: title 10, United States Code, is amended by
‘‘(D) maintained on a continual basis
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
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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
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S8368 CONGRESSIONAL RECORD — SENATE November 17, 2021
for Fiscal Year 2011 (Public Law 111–383) is tor of the Cybersecurity and Infrastructure (H) by adding at the end the following:
amended— Security Agency, in consultation with the ‘‘(n) BINDING OPERATIONAL DIRECTIVES.—If
(i) in section 806(e)(5) (10 U.S.C. 2304 note), Director and the National Cyber Director’’; the Director of the Cybersecurity and Infra-
by striking ‘‘section 3542(b)’’ and inserting (iii) in paragraph (2)— structure Security Agency issues a binding
‘‘section 3552(b)’’; (I) in subparagraph (A), by inserting ‘‘and operational directive or an emergency direc-
(ii) in section 931(b)(3) (10 U.S.C. 2223 note), reporting requirements under subchapter IV tive under this section, not later than 2 days
by striking ‘‘section 3542(b)(2)’’ and inserting of this title’’ after ‘‘section 3556’’; and after the date on which the binding oper-
‘‘section 3552(b)’’; and (II) in subparagraph (D), by striking ‘‘the ational directive requires an agency to take
(iii) in section 932(b)(2) (10 U.S.C. 2224 Director or Secretary’’ and inserting ‘‘the an action, the Director of the Cybersecurity
note), by striking ‘‘section 3542(b)(2)’’ and in- Director of the Cybersecurity and Infrastruc- and Infrastructure Security Agency shall
serting ‘‘section 3552(b)’’. ture Security Agency’’; provide to the appropriate reporting entities
(G) E-GOVERNMENT ACT OF 2002.—Section (iv) in paragraph (5), by striking ‘‘coordi- the status of the implementation of the bind-
301(c)(1)(A) of the E-Government Act of 2002 nating’’ and inserting ‘‘leading the coordina- ing operational directive at the agency.’’;
(44 U.S.C. 3501 note) is amended by striking tion of’’; (3) in section 3554—
‘‘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),
3532(1)’’ and inserting ‘‘section 3552(b)’’; and by striking ‘‘each year’’ and inserting ‘‘each ‘‘(i) identify and document the high value
(II) in paragraph (5), by striking ‘‘section year during which agencies are required to assets of the agency using guidance from the
3532(b)(2)’’ and inserting ‘‘section 3552(b)’’. submit reports under section 3554(c)’’; Director;
(c) SUBCHAPTER II AMENDMENTS.—Sub- (ii) by striking paragraph (1); ‘‘(ii) evaluate the data assets inventoried
chapter II of chapter 35 of title 44, United (iii) by redesignating paragraphs (2), (3), under section 3511 for sensitivity to com-
States Code, is amended— and (4) as paragraphs (1), (2), and (3), respec- promises in confidentiality, integrity, and
(1) in section 3551— tively; availability;
(A) in paragraph (4), by striking ‘‘diagnose (iv) in paragraph (3), as so redesignated, by ‘‘(iii) identify agency systems that have
and improve’’ and inserting ‘‘integrate, de- striking ‘‘and’’ at the end; access to or hold the data assets inventoried
liver, diagnose, and improve’’; (v) by inserting after paragraph (3), as so under section 3511;
(B) in paragraph (5), by striking ‘‘and’’ at redesignated the following: ‘‘(iv) evaluate the threats facing agency
the end; ‘‘(4) a summary of each assessment of Fed- systems and data, including high value as-
(C) in paragraph (6), by striking the period eral risk posture performed under subsection sets, based on Federal and non-Federal cyber
at the end and inserting a semi colon; and (i);’’; and threat intelligence products, where avail-
(D) by adding at the end the following: (vi) in paragraph (5), by striking the period able;
‘‘(7) recognize that each agency has spe- at the end and inserting ‘‘; and’’; ‘‘(v) evaluate the vulnerability of agency
cific mission requirements and, at times, (E) by redesignating subsections (i), (j), systems and data, including high value as-
unique cybersecurity requirements to meet (k), and (l) as subsections (j), (k), (l), and (m) sets, including by analyzing—
the mission of the agency; respectively; ‘‘(I) the results of penetration testing per-
‘‘(8) recognize that each agency does not (F) by inserting after subsection (h) the formed by the Department of Homeland Se-
have the same resources to secure agency following: curity under section 3553(b)(9);
systems, and an agency should not be ex- ‘‘(i) FEDERAL RISK ASSESSMENTS.—On an ‘‘(II) the results of penetration testing per-
pected to have the capability to secure the ongoing and continuous basis, the Director formed under section 3559A;
systems of the agency from advanced adver- of the Cybersecurity and Infrastructure Se- ‘‘(III) information provided to the agency
saries alone; and curity Agency shall perform assessments of through the vulnerability disclosure pro-
‘‘(9) recognize that a holistic Federal cy- Federal risk posture using any available in- gram of the agency under section 3559B;
bersecurity model is necessary to account formation on the cybersecurity posture of ‘‘(IV) incidents; and
for differences between the missions and ca- agencies, and brief the Director and National ‘‘(V) any other vulnerability information
pabilities of agencies.’’; Cyber Director on the findings of those as- relating to agency systems that is known to
(2) in section 3553— sessments including— the agency;
(A) by striking the section heading and in- ‘‘(1) the status of agency cybersecurity re- ‘‘(vi) assess the impacts of potential agen-
serting ‘‘Authority and functions of the Di- medial actions described in section 3554(b)(7); cy incidents to agency systems, data, and op-
rector and the Director of the Cybersecurity ‘‘(2) any vulnerability information relating erations based on the evaluations described
and Infrastructure Security Agency’’. to the systems of an agency that is known by in clauses (ii) and (iv) and the agency sys-
(B) in subsection (a)— the agency; tems identified under clause (iii); and
(i) in paragraph (1), by inserting ‘‘, in con- ‘‘(3) analysis of incident information under ‘‘(vii) assess the consequences of potential
sultation with the Director of the Cybersecu- section 3597; incidents occurring on agency systems that
rity and Infrastructure Security Agency and ‘‘(4) evaluation of penetration testing per- would impact systems at other agencies, in-
the National Cyber Director,’’ before ‘‘over- formed under section 3559A; cluding due to interconnectivity between dif-
seeing’’; ‘‘(5) evaluation of vulnerability disclosure ferent agency systems or operational reli-
(ii) in paragraph (5), by striking ‘‘and’’ at program information under section 3559B; ance on the operations of the system or data
the end; and ‘‘(6) evaluation of agency threat hunting in the system;’’;
(iii) by adding at the end the following: results; (III) in subparagraph (B), as so redesig-
‘‘(8) promoting, in consultation with the ‘‘(7) evaluation of Federal and non-Federal nated, in the matter preceding clause (i), by
Director of the Cybersecurity and Infrastruc- cyber threat intelligence; striking ‘‘providing information’’ and insert-
ture Security Agency and the Director of the ‘‘(8) data on agency compliance with stand- ing ‘‘using information from the assessment
National Institute of Standards and Tech- ards issued under section 11331 of title 40; conducted under subparagraph (A), pro-
nology— ‘‘(9) agency system risk assessments per- viding, in consultation with the Director of
‘‘(A) the use of automation to improve formed under section 3554(a)(1)(A); and the Cybersecurity and Infrastructure Secu-
Federal cybersecurity and visibility with re- ‘‘(10) any other information the Director of rity Agency, information’’;
spect to the implementation of Federal cy- the Cybersecurity and Infrastructure Secu- (IV) in subparagraph (C), as so redesig-
bersecurity; and rity Agency determines relevant.’’; and nated—
‘‘(B) the use of presumption of compromise (G) in subsection (j), as so redesignated— (aa) in clause (ii) by inserting ‘‘binding’’
and least privilege principles to improve re- (i) by striking ‘‘regarding the specific’’ and before ‘‘operational’’; and
siliency and timely response actions to inci- inserting ‘‘that includes a summary of— (bb) in clause (vi), by striking ‘‘and’’ at the
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dents on Federal systems.’’; ‘‘(1) the specific’’; end; and
(C) in subsection (b)— (ii) in paragraph (1), as so designated, by (V) by adding at the end the following:
(i) by striking the subsection heading and striking the period at the end and inserting ‘‘(E) providing an update on the ongoing
inserting ‘‘CYBERSECURITY AND INFRASTRUC- ‘‘; and’’ and and continuous assessment performed under
TURE SECURITY AGENCY’’; (iii) by adding at the end the following: subparagraph (A)—
(ii) in the matter preceding paragraph (1), ‘‘(2) the trends identified in the Federal ‘‘(i) upon request, to the inspector general
by striking ‘‘The Secretary, in consultation risk assessment performed under subsection of the agency or the Comptroller General of
with the Director’’ and inserting ‘‘The Direc- (i).’’; and the United States; and
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8369
‘‘(ii) on a periodic basis, as determined by using guidelines and automated tools con- structure Security Agency, the majority and
guidance issued by the Director but not less sistent with standards and guidelines pro- minority leaders of the Senate, the Speaker
frequently than annually, to— mulgated under section 11331 of title 40, as and minority leader of the House of Rep-
‘‘(I) the Director; applicable;’’; resentatives, the Committee on Homeland
‘‘(II) the Director of the Cybersecurity and (ii) in paragraph (2)— Security and Governmental Affairs of the
Infrastructure Security Agency; and (I) by striking subparagraph (B) and insert- Senate, the Committee on Oversight and Re-
‘‘(III) the National Cyber Director; ing the following: form of the House of Representatives, the
‘‘(F) in consultation with the Director of ‘‘(B) comply with the risk-based cyber Committee on Homeland Security of the
the Cybersecurity and Infrastructure Secu- budget model developed pursuant to section House of Representatives, the Committee on
rity Agency and not less frequently than 3553(a)(7);’’; and Commerce, Science, and Transportation of
once every 3 years, performing an evaluation (II) in subparagraph (D)— the Senate, the Committee on Science,
of whether additional cybersecurity proce- (aa) by redesignating clauses (iii) and (iv) Space, and Technology of the House of Rep-
dures are appropriate for securing a system as clauses (iv) and (v), respectively; resentatives, the appropriate authorization
of, or under the supervision of, the agency, (bb) by inserting after clause (ii) the fol- and appropriations committees of Congress,
which shall— lowing: the National Cyber Director, and the Comp-
‘‘(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); (iii) in paragraph (5), as so redesignated, by
end; and (III) by inserting after clause (ii) the fol- inserting ‘‘including the reporting proce-
(cc) by adding at the end the following: lowing: dures established under section 11315(d) of
‘‘(v) ensure that— ‘‘(iii) performing the notifications and title 40 and subsection (a)(3)(A)(v) of this sec-
‘‘(I) senior agency information security of- other activities required under subchapter tion’’; and
ficers of component agencies carry out re- IV of this title; and’’; and (D) in subsection (d)(1), in the matter pre-
sponsibilities under this subchapter, as di- (IV) in clause (iv), as so redesignated— ceding subparagraph (A), by inserting ‘‘and
rected by the senior agency information se- (aa) in subclause (I), by striking ‘‘and rel- the Director of the Cybersecurity and Infra-
curity officer of the agency or an equivalent evant offices of inspectors general’’; structure Security Agency’’ after ‘‘the Direc-
official; and (bb) in subclause (II), by adding ‘‘and’’ at tor’’; and
‘‘(II) senior agency information security the end; (4) in section 3555—
officers of component agencies report to— (cc) by striking subclause (III); and (A) in the section heading, by striking ‘‘AN-
‘‘(aa) the senior information security offi- (dd) by redesignating subclause (IV) as sub- NUAL INDEPENDENT’’ and inserting ‘‘INDE-
cer of the agency or an equivalent official; clause (III); PENDENT’’;
and (C) in subsection (c)— (B) in subsection (a)—
‘‘(bb) the Chief Information Officer of the (i) by redesignating paragraph (2) as para- (i) in paragraph (1), by inserting ‘‘during
component agency or an equivalent offi- graph (5); which a report is required to be submitted
cial;’’; and (ii) by striking paragraph (1) and inserting under section 3553(c),’’ after ‘‘Each year’’;
(iv) in paragraph (5), by inserting ‘‘and the the following: (ii) in paragraph (2)(A), by inserting ‘‘, in-
Director of the Cybersecurity and Infrastruc- ‘‘(1) BIANNUAL REPORT.—Not later than 2
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cluding by penetration testing and analyzing
ture Security Agency’’ before ‘‘on the effec- years after the date of enactment of the Fed- the vulnerability disclosure program of the
tiveness’’; eral Information Security Modernization Act agency’’ after ‘‘information systems’’; and
(B) in subsection (b)— of 2021 and not less frequently than once (iii) by adding at the end the following:
(i) by striking paragraph (1) and inserting every 2 years thereafter, using the contin- ‘‘(3) An evaluation under this section may
the following: uous and ongoing agency system risk assess- include recommendations for improving the
‘‘(1) pursuant to subsection (a)(1)(A), per- ment under subsection (a)(1)(A), the head of cybersecurity posture of the agency.’’;
forming ongoing and continuous agency sys- each agency shall submit to the Director, (C) in subsection (b)(1), by striking ‘‘an-
tem risk assessments, which may include the Director of the Cybersecurity and Infra- nual’’;
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S8370 CONGRESSIONAL RECORD — SENATE November 17, 2021
(D) in subsection (e)(1), by inserting ‘‘dur- thereafter’’ and inserting ‘‘thereafter during information system used or operated by an
ing which a report is required to be sub- the years during which a report is required agency, a contractor, an awardee, or another
mitted under section 3553(c)’’ after ‘‘Each to be submitted under section 3553(c) of title organization on behalf of an agency.
year’’; 44, United States Code’’; and ‘‘(7) INTELLIGENCE COMMUNITY.—The term
(E) by striking subsection (f) and inserting (B) in paragraph (2)(B), in the matter pre- ‘intelligence community’ has the meaning
the following: ceding clause (i)— given the term in section 3 of the National
‘‘(f) PROTECTION OF INFORMATION.—(1) (i) by striking ‘‘annually thereafter’’ and Security Act of 1947 (50 U.S.C. 3003).
Agencies, evaluators, and other recipients of inserting ‘‘thereafter during the years during ‘‘(8) NATIONWIDE CONSUMER REPORTING
information that, if disclosed, may cause which a report is required to be submitted AGENCY.—The term ‘nationwide consumer re-
grave harm to the efforts of Federal informa- under section 3553(c) of title 44, United porting agency’ means a consumer reporting
tion security officers shall take appropriate States Code’’; and agency described in section 603(p) of the Fair
steps to ensure the protection of that infor- (ii) by striking ‘‘the report required under Credit Reporting Act (15 U.S.C. 1681a(p)).
mation, including safeguarding the informa- section 3553(c) of title 44, United States ‘‘(9) VULNERABILITY DISCLOSURE.—The term
tion from public disclosure. Code’’ and inserting ‘‘that report’’. ‘vulnerability disclosure’ means a vulner-
‘‘(2) The protections required under para- (3) NIST RESPONSIBILITIES.—Section ability identified under section 3559B.
graph (1) shall be commensurate with the 20(d)(3)(B) of the National Institute of Stand- ‘‘§ 3592. Notification of breach
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; ‘‘§ 3591. Definitions vidual potentially affected by the breach is
or
‘‘(a) IN GENERAL.—Except as provided in appropriate based on an assessment of the
‘‘(B) specific information system
subsection (b), the definitions under sections risk of harm to the individual that con-
vulnerabilities.’’;
3502 and 3552 shall apply to this subchapter. siders—
(F) in subsection (g)(2)— ‘‘(b) ADDITIONAL DEFINITIONS.—As used in ‘‘(A) the nature and sensitivity of the per-
(i) by striking ‘‘this subsection shall’’ and this subchapter: sonally identifiable information affected by
inserting ‘‘this subsection— ‘‘(1) APPROPRIATE REPORTING ENTITIES.— the breach;
‘‘(A) shall’’; The term ‘appropriate reporting entities’ ‘‘(B) the likelihood of access to and use of
(ii) in subparagraph (A), as so designated, means— the personally identifiable information af-
by striking the period at the end and insert- ‘‘(A) the majority and minority leaders of fected by the breach;
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.
‘‘3553. Authority and functions of the Direc- ‘‘(B) any person or business that collects or ‘‘(c) DELAY OF NOTIFICATION.—
tor and the Director of the Cy- maintains information, including personally ‘‘(1) IN GENERAL.—The Attorney General,
bersecurity and Infrastructure identifiable information, on behalf of an the Director of National Intelligence, or the
Security Agency.’’; and agency. Secretary of Homeland Security may delay a
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(B) by striking the item relating to section ‘‘(5) FEDERAL INFORMATION.—The term notification required under subsection (a) if
3555 and inserting the following: ‘Federal information’ means information the notification would—
‘‘3555. Independent evaluation.’’. created, collected, processed, maintained, ‘‘(A) impede a criminal investigation or a
(2) OMB REPORTS.—Section 226(c) of the Cy- disseminated, disclosed, or disposed of by or national security activity;
bersecurity Act of 2015 (6 U.S.C. 1524(c)) is for the Federal Government in any medium ‘‘(B) reveal sensitive sources and methods;
amended— or form. ‘‘(C) cause damage to national security; or
(A) in paragraph (1)(B), in the matter pre- ‘‘(6) FEDERAL INFORMATION SYSTEM.—The ‘‘(D) hamper security remediation actions.
ceding clause (i), by striking ‘‘annually term ‘Federal information system’ means an ‘‘(2) DOCUMENTATION.—
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8371
‘‘(A) IN GENERAL.—Any delay under para- ernmental Affairs of the Senate, the Com- the understanding of the agency of the scope,
graph (1) shall be reported in writing to the mittee on Oversight and Reform of the House scale, or consequence of a major incident for
Director, the Attorney General, the Director of Representatives, the Committee on Home- which an agency submitted a written report
of National Intelligence, the Secretary of land Security of the House of Representa- under subsection (a), the agency shall pro-
Homeland Security, the Director of the Cy- tives, and the appropriate authorization and vide an updated report to the appropriate re-
bersecurity and Infrastructure Security appropriations committees of Congress, tak- porting entities that includes information
Agency, and the head of the agency and the ing into account— relating to the change in understanding.
inspector general of the agency that experi- ‘‘(A) the information known at the time of ‘‘(d) ANNUAL REPORT.—Each agency shall
enced the breach. the report; submit as part of the annual report required
‘‘(B) CONTENTS.—A report required under ‘‘(B) the sensitivity of the details associ- under section 3554(c)(1) of this title a descrip-
subparagraph (A) shall include a written ated with the major incident; and tion of each major incident that occurred
statement from the entity that delayed the ‘‘(C) the classification level of the informa- during the 1-year period preceding the date
notification explaining the need for the tion contained in the report. on which the report is submitted.
delay. ‘‘(2) CONTENTS.—A report required under ‘‘(e) DELAY AND EXEMPTION REPORT.—
‘‘(C) FORM.—The report required under sub- paragraph (1) shall include, in a manner that ‘‘(1) IN GENERAL.—The Director shall sub-
paragraph (A) shall be unclassified but may excludes or otherwise reasonably protects mit to the appropriate notification entities
include a classified annex. personally identifiable information and to an annual report on all notification delays
‘‘(3) RENEWAL.—A delay under paragraph the extent permitted by applicable law, in- and exemptions granted pursuant to sub-
(1) shall be for a period of 60 days and may be cluding privacy and statistical laws— sections (c) and (d) of section 3592.
renewed. ‘‘(A) a summary of the information avail- ‘‘(2) COMPONENT OF OTHER REPORT.—The Di-
‘‘(d) UPDATE NOTIFICATION.—If an agency able about the major incident, including how rector may submit the report required under
determines there is a significant change in the major incident occurred, information in- paragraph (1) as a component of the annual
the reasonable basis to conclude that a dicating that the major incident may be a report submitted under section 3597(b).
breach occurred, a significant change to the breach, and information relating to the ‘‘(f) REPORT DELIVERY.—Any written report
determination made under subsection (a)(1), major incident as a breach, based on infor- required to be submitted under this section
or that it is necessary to update the details mation available to agency officials as of the may be submitted in a paper or electronic
of the information provided to impacted in- date on which the agency submits the report; format.
dividuals as described in subsection (b), the ‘‘(B) if applicable, a description and any as- ‘‘(g) THREAT BRIEFING.—
agency shall as expeditiously as practicable sociated documentation of any cir- ‘‘(1) IN GENERAL.—Not later than 7 days
and without unreasonable delay, and in any cumstances necessitating a delay in or ex- after the date on which an agency has a rea-
case not later than 30 days after such a de- emption to notification to individuals poten- sonable basis to conclude that a major inci-
termination, notify each individual who re- tially affected by the major incident under dent occurred, the head of the agency, joint-
ceived a notification pursuant to subsection subsection (c) or (e) of section 3592; and ly with the National Cyber Director and any
(a) of those changes. ‘‘(C) if applicable, an assessment of the im- other Federal entity determined appropriate
‘‘(e) EXEMPTION FROM NOTIFICATION.— pacts to the agency, the Federal Govern- by the National Cyber Director, shall provide
‘‘(1) IN GENERAL.—The head of an agency, ment, or the security of the United States, a briefing to the congressional committees
in consultation with the inspector general of based on information available to agency of- described in subsection (a)(1) on the threat
the agency, may request an exemption from ficials on the date on which the agency sub- causing the major incident.
the Director from complying with the notifi- mits the report. ‘‘(2) COMPONENTS.—The briefing required
cation requirements under subsection (a) if ‘‘(b) SUPPLEMENTAL REPORT.—Within a rea- under paragraph (1)—
the information affected by the breach is de- sonable amount of time, but not later than ‘‘(A) shall, to the greatest extent prac-
termined by an independent evaluation to be 30 days after the date on which an agency ticable, include an unclassified component;
unreadable, including, as appropriate, in- submits a written report under subsection and
stances in which the information is— (a), the head of the agency shall provide to ‘‘(B) may include a classified component.
‘‘(A) encrypted; and the appropriate reporting entities written ‘‘(h) RULE OF CONSTRUCTION.—Nothing in
updates on the major incident and, to the ex- this section shall be construed to limit—
‘‘(B) determined by the Director of the Cy-
tent practicable, provide a briefing to the ‘‘(1) the ability of an agency to provide ad-
bersecurity and Infrastructure Security
congressional committees described in sub- ditional reports or briefings to Congress; or
Agency to be of sufficiently low risk of expo-
section (a)(1), including summaries of—
sure. ‘‘(2) Congress from requesting additional
‘‘(1) vulnerabilities, means by which the
‘‘(2) APPROVAL.—The Director shall deter- information from agencies through reports,
major incident occurred, and impacts to the
mine whether to grant an exemption re- briefings, or other means.
agency relating to the major incident;
quested under paragraph (1) in consultation ‘‘§ 3594. Government information sharing and
‘‘(2) any risk assessment and subsequent
with— incident response
risk-based security implementation of the
‘‘(A) the Director of the Cybersecurity and ‘‘(a) IN GENERAL.—
affected information system before the date
Infrastructure Security Agency; and ‘‘(1) INCIDENT REPORTING.—The head of each
on which the major incident occurred;
‘‘(B) the Attorney General. agency shall provide any information relat-
‘‘(3) the status of compliance of the af-
‘‘(3) DOCUMENTATION.—Any exemption ing to any incident, whether the information
fected information system with applicable
granted by the Director under paragraph (1) is obtained by the Federal Government di-
security requirements at the time of the
shall be reported in writing to the head of rectly or indirectly, to the Cybersecurity
major incident;
the agency and the inspector general of the and Infrastructure Security Agency and the
‘‘(4) an estimate of the number of individ-
agency that experienced the breach and the Office of Management and Budget.
uals potentially affected by the major inci-
Director of the Cybersecurity and Infrastruc- ‘‘(2) CONTENTS.—A provision of information
dent based on information available to agen-
ture Security Agency. relating to an incident made by the head of
cy officials as of the date on which the agen-
‘‘(f) RULE OF CONSTRUCTION.—Nothing in an agency under paragraph (1) shall—
cy provides the update;
this section shall be construed to limit— ‘‘(A) include detailed information about
‘‘(5) an assessment of the risk of harm to
‘‘(1) the Director from issuing guidance re- the safeguards that were in place when the
individuals potentially affected by the major
lating to notifications or the head of an incident occurred;
incident based on information available to
agency from notifying individuals poten- ‘‘(B) whether the agency implemented the
agency officials as of the date on which the
tially affected by breaches that are not de- safeguards described in subparagraph (A)
agency provides the update;
termined to be major incidents; or correctly;
‘‘(6) an update to the assessment of the
‘‘(2) the Director from issuing guidance re- ‘‘(C) in order to protect against a similar
risk to agency operations, or to impacts on
lating to notifications of major incidents or incident, identify—
other agency or non-Federal entity oper-
the head of an agency from providing more ‘‘(i) how the safeguards described in sub-
ations, affected by the major incident based
information than described in subsection (b) paragraph (A) should be implemented dif-
on information available to agency officials
when notifying individuals potentially af- ferently; and
as of the date on which the agency provides
fected by breaches. ‘‘(ii) additional necessary safeguards; and
the update; and
‘‘§ 3593. Congressional and Executive Branch ‘‘(7) the detection, response, and remedi- ‘‘(D) include information to aid in incident
reports ation actions of the agency, including any response, such as—
‘‘(a) INITIAL REPORT.— ‘‘(i) a description of the affected systems or
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support provided by the Cybersecurity and
‘‘(1) IN GENERAL.—Not later than 72 hours Infrastructure Security Agency under sec- networks;
after an agency has a reasonable basis to tion 3594(d) and status updates on the notifi- ‘‘(ii) the estimated dates of when the inci-
conclude that a major incident occurred, the cation process described in section 3592(a), dent occurred; and
head of the agency impacted by the major in- including any delay or exemption described ‘‘(iii) information that could reasonably
cident shall submit to the appropriate re- in subsection (c) or (e), respectively, of sec- help identify the party that conducted the
porting entities a written report and, to the tion 3592, if applicable. incident.
extent practicable, provide a briefing to the ‘‘(c) UPDATE REPORT.—If the agency deter- ‘‘(3) INFORMATION SHARING.—To the great-
Committee on Homeland Security and Gov- mines that there is any significant change in est extent practicable, the Director of the
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S8372 CONGRESSIONAL RECORD — SENATE November 17, 2021
Cybersecurity and Infrastructure Security Information Security Modernization Act of ‘‘(1) a summary of causes of incidents from
Agency shall share information relating to 2021. across the Federal Government that cat-
an incident with any agencies that may be ‘‘§ 3596. Training egorizes those incidents as incidents or
impacted by the incident. ‘‘(a) COVERED INDIVIDUAL DEFINED.—In this major incidents;
‘‘(4) NATIONAL SECURITY SYSTEMS.—Each section, the term ‘covered individual’ means ‘‘(2) the quantitative and qualitative anal-
agency operating or exercising control of a an individual who obtains access to Federal yses of incidents developed under subsection
national security system shall share infor- information or Federal information systems (a)(1) on an agency-by-agency basis and com-
mation about incidents that occur on na- because of the status of the individual as an prehensively across the Federal Government,
tional security systems with the Director of employee, contractor, awardee, volunteer, or including—
the Cybersecurity and Infrastructure Secu- intern of an agency. ‘‘(A) a specific analysis of breaches; and
rity Agency to the extent consistent with ‘‘(b) REQUIREMENT.—The head of each agen- ‘‘(B) an analysis of the Federal Govern-
standards and guidelines for national secu- cy shall develop training for covered individ- ment’s performance against the metrics es-
rity systems issued in accordance with law uals on how to identify and respond to an in- tablished under section 224(c) of the Cyberse-
and as directed by the President. cident, including— curity Act of 2015 (6 U.S.C. 1522(c)); and
‘‘(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 Agency during the year in which the report
‘‘(a) ANALYSIS OF FEDERAL INCIDENTS.—
a national security system, regardless of is submitted.
‘‘(1) QUANTITATIVE AND QUALITATIVE ANAL-
‘‘(d) INFORMATION PROVIDED BY AGENCIES.—
delays from notification granted for a major YSES.—The Director of the Cybersecurity and
‘‘(1) IN GENERAL.—The analysis required
incident, shall coordinate with the Cyberse- Infrastructure Security Agency shall de- under subsection (a) and each report sub-
curity and Infrastructure Security Agency velop, in consultation with the Director and mitted under subsection (b) shall use infor-
regarding— the National Cyber Director, and perform mation provided by agencies under section
‘‘(1) incident response and recovery; and continuous monitoring and quantitative and 3594(a).
‘‘(2) recommendations for mitigating fu- qualitative analyses of incidents at agencies, ‘‘(2) NONCOMPLIANCE REPORTS.—
ture incidents. including major incidents, including— ‘‘(A) IN GENERAL.—Subject to subparagraph
‘‘§ 3595. Responsibilities of contractors and ‘‘(A) the causes of incidents, including— (B), during any year during which the head
awardees ‘‘(i) attacker tactics, techniques, and pro- of an agency does not provide data for an in-
cedures; and cident to the Cybersecurity and Infrastruc-
‘‘(a) NOTIFICATION.—
‘‘(ii) system vulnerabilities, including zero ture Security Agency in accordance with
‘‘(1) IN GENERAL.—Unless otherwise speci-
days, unpatched systems, and information section 3594(a), the head of the agency, in co-
fied in a contract, grant, cooperative agree-
system misconfigurations;
ment, or an other transaction agreement, ordination with the Director of the Cyberse-
‘‘(B) the scope and scale of incidents at
any contractor or awardee of an agency shall curity and Infrastructure Security Agency
agencies;
report to the agency within the same and the Director, shall submit to the appro-
‘‘(C) cross Federal Government root causes
amount of time such agency is required to priate reporting entities a report that in-
of incidents at agencies;
report an incident to the Cybersecurity and cludes—
‘‘(D) agency incident response, recovery,
Infrastructure Security Agency, if the con- ‘‘(i) data for the incident; and
and remediation actions and the effective-
tractor or awardee has a reasonable basis to ‘‘(ii) the information described in sub-
ness of those actions, as applicable;
conclude that— section (b) with respect to the agency.
‘‘(E) lessons learned and recommendations
‘‘(A) an incident or breach has occurred ‘‘(B) EXCEPTION FOR NATIONAL SECURITY
in responding to, recovering from, remedi-
with respect to Federal information col- SYSTEMS.—The head of an agency that owns
ating, and mitigating future incidents; and
lected, used, or maintained by the contractor ‘‘(F) trends in cross-Federal Government or exercises control of a national security
or awardee in connection with the contract, cybersecurity and incident response capabili- system shall not include data for an incident
grant, cooperative agreement, or other ties using the metrics established under sec- that occurs on a national security system in
transaction agreement of the contractor or tion 224(c) of the Cybersecurity Act of 2015 (6 any report submitted under subparagraph
awardee; U.S.C. 1522(c)). (A).
‘‘(B) an incident or breach has occurred ‘‘(2) AUTOMATED ANALYSIS.—The analyses ‘‘(3) NATIONAL SECURITY SYSTEM REPORTS.—
with respect to a Federal information sys- developed under paragraph (1) shall, to the ‘‘(A) IN GENERAL.—Annually, the head of an
tem used or operated by the contractor or greatest extent practicable, use machine agency that operates or exercises control of
awardee in connection with the contract, readable data, automation, and machine a national security system shall submit a re-
grant, cooperative agreement, or other learning processes. port that includes the information described
transaction agreement of the contractor or ‘‘(3) SHARING OF DATA AND ANALYSIS.— in subsection (b) with respect to the agency
awardee; or ‘‘(A) IN GENERAL.—The Director shall share to the extent that the submission is con-
‘‘(C) the contractor or awardee has re- on an ongoing basis the analyses required sistent with standards and guidelines for na-
ceived information from the agency that the under this subsection with agencies and the tional security systems issued in accordance
contractor or awardee is not authorized to National Cyber Director to— with law and as directed by the President
receive in connection with the contract, ‘‘(i) improve the understanding of cyberse- to—
grant, cooperative agreement, or other curity risk of agencies; and ‘‘(i) the majority and minority leaders of
transaction agreement of the contractor or ‘‘(ii) support the cybersecurity improve- the Senate,
awardee. ment efforts of agencies. ‘‘(ii) the Speaker and minority leader of
‘‘(2) PROCEDURES.— ‘‘(B) FORMAT.—In carrying out subpara- the House of Representatives;
‘‘(A) MAJOR INCIDENT.—Following a report graph (A), the Director shall share the anal- ‘‘(iii) the Committee on Homeland Secu-
of a breach or major incident by a contractor yses— rity and Governmental Affairs of the Senate;
or awardee under paragraph (1), the agency, ‘‘(i) in human-readable written products; ‘‘(iv) the Select Committee on Intelligence
in consultation with the contractor or and of the Senate;
awardee, shall carry out the requirements ‘‘(ii) to the greatest extent practicable, in ‘‘(v) the Committee on Armed Services of
under sections 3592, 3593, and 3594 with re- machine-readable formats in order to enable the Senate;
spect to the major incident. automated intake and use by agencies. ‘‘(vi) the Committee on Appropriations of
‘‘(B) INCIDENT.—Following a report of an the Senate;
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‘‘(b) ANNUAL REPORT ON FEDERAL INCI-
incident by a contractor or awardee under DENTS.—Not later than 2 years after the date ‘‘(vii) the Committee on Oversight and Re-
paragraph (1), an agency, in consultation of enactment of this section, and not less fre- form of the House of Representatives;
with the contractor or awardee, shall carry quently than annually thereafter, the Direc- ‘‘(viii) the Committee on Homeland Secu-
out the requirements under section 3594 with tor of the Cybersecurity and Infrastructure rity of the House of Representatives;
respect to the incident. Security Agency, in consultation with the ‘‘(ix) the Permanent Select Committee on
‘‘(b) EFFECTIVE DATE.—This section shall Director and other Federal agencies as ap- Intelligence of the House of Representatives;
apply on and after the date that is 1 year propriate, shall submit to the appropriate ‘‘(x) the Committee on Armed Services of
after the date of enactment of the Federal notification entities a report that includes— the House of Representatives; and
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8373
‘‘(xi) the Committee on Appropriations of the Director of the Cybersecurity and Infra- (2) in section 1078—
the House of Representatives. structure Security Agency; (A) by striking subsection (a) and inserting
‘‘(B) CLASSIFIED FORM.—A report required ‘‘(B) is an incident described in paragraph the following:
under subparagraph (A) may be submitted in (1)(A), the head of the agency shall consult ‘‘(a) DEFINITIONS.—In this section:
a classified form. with the National Cyber Director; and ‘‘(1) AGENCY.—The term ‘agency’ has the
‘‘(e) REQUIREMENT FOR COMPILING INFORMA- ‘‘(C) is an incident described in subpara- meaning given the term in section 551 of
TION.—In publishing the public report re- graph (C) or (D) of paragraph (1), the head of title 5, United States Code.
quired under subsection (c), the Director of the agency shall consult with— ‘‘(2) HIGH VALUE ASSET.—The term ‘high
the Cybersecurity and Infrastructure Secu- ‘‘(i) the Privacy and Civil Liberties Over- value asset’ has the meaning given the term
rity Agency shall sufficiently compile infor- sight Board; and in section 3552 of title 44, United States
mation such that no specific incident of an ‘‘(ii) the Chair of the Federal Trade Com- Code.’’;
agency can be identified, except with the mission. (B) in subsection (b), by adding at the end
concurrence of the Director of the Office of ‘‘(c) SIGNIFICANT NUMBER OF INDIVIDUALS.— the following:
Management and Budget and in consultation In determining what constitutes a signifi- ‘‘(8) PROPOSAL EVALUATION.—The Director
with the impacted agency. cant number of individuals under subsection shall—
‘‘§ 3598. Major incident definition (b)(1)(D), the Director— ‘‘(A) give consideration for the use of
‘‘(1) may determine a threshold for a min- amounts in the Fund to improve the security
‘‘(a) IN GENERAL.—Not later than 180 days of high value assets; and
imum number of individuals that constitutes
after the date of enactment of the Federal ‘‘(B) require that any proposal for the use
a significant amount; and
Information Security Modernization Act of of amounts in the Fund includes a cybersecu-
‘‘(2) may not determine a threshold de-
2021, the Director, in coordination with the rity plan, including a supply chain risk man-
scribed in paragraph (1) that exceeds 5,000 in-
Director of the Cybersecurity and Infrastruc- agement plan, to be reviewed by the member
dividuals.
ture Security Agency and the National of the Technology Modernization Board de-
‘‘(d) EVALUATION AND UPDATES.—Not later
Cyber Director, shall develop and promul- than 2 years after the date of enactment of scribed in subsection (c)(5)(C).’’; and
gate guidance on the definition of the term the Federal Information Security Moderniza- (C) in subsection (c)—
‘major incident’ for the purposes of sub- tion Act of 2021, and not less frequently than (i) in paragraph (2)(A)(i), by inserting ‘‘, in-
chapter II and this subchapter. every 2 years thereafter, the Director shall cluding a consideration of the impact on
‘‘(b) REQUIREMENTS.—With respect to the high value assets’’ after ‘‘operational risks’’;
submit to the Committee on Homeland Secu-
guidance issued under subsection (a), the def- (ii) in paragraph (5)—
rity and Governmental Affairs of the Senate
inition of the term ‘major incident’ shall— (I) in subparagraph (A), by striking ‘‘and’’
and the Committee on Oversight and Reform
‘‘(1) include, with respect to any informa- at the end;
of the House of Representatives an evalua-
tion collected or maintained by or on behalf (II) in subparagraph (B), by striking the pe-
tion, which shall include—
of an agency or an information system used riod at the end and inserting ‘‘and’’; and
‘‘(1) an update, if necessary, to the guid-
or operated by an agency or by a contractor (III) by adding at the end the following:
ance issued under subsection (a);
of an agency or another organization on be- ‘‘(C) a senior official from the Cybersecu-
‘‘(2) the definition of the term ‘major inci-
half of an agency— rity and Infrastructure Security Agency of
dent’ included in the guidance issued under
‘‘(A) any incident the head of the agency the Department of Homeland Security, ap-
subsection (a); and
determines is likely to have an impact on— pointed by the Director.’’; and
‘‘(3) an explanation of, and the analysis
‘‘(i) the national security, homeland secu- (iii) in paragraph (6)(A), by striking ‘‘shall
that led to, the definition described in para-
rity, or economic security of the United be—’’ and all that follows through ‘‘4 em-
graph (2).’’.
States; or ployees’’ and inserting ‘‘shall be 4 employ-
(2) CLERICAL AMENDMENT.—The table of
‘‘(ii) the civil liberties or public health and ees’’.
sections for chapter 35 of title 44, United
safety of the people of the United States; (b) SUBCHAPTER I.—Subchapter I of subtitle
States Code, is amended by adding at the end
‘‘(B) any incident the head of the agency III of title 40, United States Code, is amend-
the following:
determines likely to result in an inability ed—
for the agency, a component of the agency, ‘‘SUBCHAPTER IV—FEDERAL SYSTEM INCIDENT (1) in section 11302—
RESPONSE
or the Federal Government, to provide 1 or (A) in subsection (b), by striking ‘‘use, se-
more critical services; ‘‘3591. Definitions. curity, and disposal of’’ and inserting ‘‘use,
‘‘(C) any incident that the head of an agen- ‘‘3592. Notification of breach. and disposal of, and, in consultation with the
cy, in consultation with a senior privacy of- ‘‘3593. Congressional and Executive Branch Director of the Cybersecurity and Infrastruc-
ficer of the agency, determines is likely to reports. ture Security Agency and the National
‘‘3594. Government information sharing and
have a significant privacy impact on 1 or Cyber Director, promote and improve the se-
incident response.
more individual; ‘‘3595. Responsibilities of contractors and curity of,’’;
‘‘(D) any incident that the head of the awardees. (B) in subsection (c)—
agency, in consultation with a senior privacy ‘‘3596. Training. (i) in paragraph (3)—
official of the agency, determines is likely to ‘‘3597. Analysis and report on Federal inci- (I) in subparagraph (A)—
have a substantial privacy impact on a sig- dents. (aa) by striking ‘‘including data’’ and in-
nificant number of individuals; ‘‘3598. Major incident definition.’’. serting ‘‘which shall—
‘‘(E) any incident the head of the agency SEC. 5122. AMENDMENTS TO SUBTITLE III OF ‘‘(i) include data’’;
determines impacts the operations of a high TITLE 40. (bb) in clause (i), as so designated, by
value asset owned or operated by the agency; (a) MODERNIZING GOVERNMENT TECH- striking ‘‘, and performance’’ and inserting
‘‘(F) any incident involving the exposure of NOLOGY.—Subtitle G of title X of Division A ‘‘security, and performance; and’’; and
sensitive agency information to a foreign en- of the National Defense Authorization Act (cc) by adding at the end the following:
tity, such as the communications of the head for Fiscal Year 2018 (40 U.S.C. 11301 note) is ‘‘(ii) specifically denote cybersecurity
of the agency, the head of a component of amended— funding under the risk-based cyber budget
the agency, or the direct reports of the head (1) in section 1077(b)— model developed pursuant to section
of the agency or the head of a component of (A) in paragraph (5)(A), by inserting ‘‘im- 3553(a)(7) of title 44.’’; and
the agency; and proving the cybersecurity of systems and’’ (II) in subparagraph (B), adding at the end
‘‘(G) any other type of incident determined before ‘‘cost savings activities’’; and the following:
appropriate by the Director; (B) in paragraph (7)— ‘‘(iii) The Director shall provide to the Na-
‘‘(2) stipulate that the National Cyber Di- (i) in the paragraph heading, by striking tional Cyber Director any cybersecurity
rector shall declare a major incident at each ‘‘CIO’’ and inserting ‘‘CIO’’; funding information described in subpara-
agency impacted by an incident if the Direc- (ii) by striking ‘‘In evaluating projects’’ graph (A)(ii) that is provided to the Director
tor of the Cybersecurity and Infrastructure and inserting the following: under clause (ii) of this subparagraph.’’; and
Security Agency determines that an inci- ‘‘(A) CONSIDERATION OF GUIDANCE.—In eval- (ii) in paragraph (4)(B), in the matter pre-
dent— uating projects’’; ceding clause (i), by inserting ‘‘not later
‘‘(A) occurs at not less than 2 agencies; and (iii) in subparagraph (A), as so designated, than 30 days after the date on which the re-
‘‘(B) is enabled by— by striking ‘‘under section 1094(b)(1)’’ and in- view under subparagraph (A) is completed,’’
‘‘(i) a common technical root cause, such serting ‘‘by the Director’’; and before ‘‘the Administrator’’;
as a supply chain compromise, a common (iv) by adding at the end the following: (C) in subsection (f)—
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software or hardware vulnerability; or ‘‘(B) CONSULTATION.—In using funds under (i) by striking ‘‘heads of executive agencies
‘‘(ii) the related activities of a common paragraph (3)(A), the Chief Information Offi- to develop’’ and inserting ‘‘heads of execu-
threat actor; and cer of the covered agency shall consult with tive agencies to—
‘‘(3) stipulate that, in determining whether the necessary stakeholders to ensure the ‘‘(1) develop’’;
an incident constitutes a major incident be- project appropriately addresses cybersecu- (ii) in paragraph (1), as so designated, by
cause that incident— rity risks, including the Director of the Cy- striking the period at the end and inserting
‘‘(A) is any incident described in paragraph bersecurity and Infrastructure Security ‘‘; and’’; and
(1), the head of an agency shall consult with Agency, as appropriate.’’; and (iii) by adding at the end the following:
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S8374 CONGRESSIONAL RECORD — SENATE November 17, 2021
‘‘(2) consult with the Director of the Cyber- ‘‘(i) penetration testing performed under ‘‘(B) the cybersecurity risk mitigation, or
security and Infrastructure Security Agency section 3559A of title 44; and other cybersecurity benefit, offered by each
for the development and use of supply chain ‘‘(ii) information from the vulnerability guidance or policy document described in
security best practices.’’; and disclosure program established under section subparagraph (A); and
(D) in subsection (h), by inserting ‘‘, in- 3559B of title 44; ‘‘(C) a summary of the guidance or policy
cluding cybersecurity performances,’’ after ‘‘(E) agency threat hunting results under to which changes were determined appro-
‘‘the performances’’; and section 5145 of the Federal Information Secu- priate during the review and what the
(2) in section 11303(b)— rity Modernization Act of 2021; changes are anticipated to include.
(A) in paragraph (2)(B)— ‘‘(F) Federal and non-Federal cyber threat ‘‘(4) CONGRESSIONAL BRIEFING.—Not later
(i) in clause (i), by striking ‘‘or’’ at the intelligence; than 30 days after the date on which a review
end; ‘‘(G) data on compliance with standards is completed under paragraph (1), the Direc-
(ii) in clause (ii), by adding ‘‘or’’ at the issued under this section; tor shall provide to the Committee on Home-
end; and ‘‘(H) agency system risk assessments per- land Security and Governmental Affairs of
(iii) by adding at the end the following: formed under section 3554(a)(1)(A) of title 44; the Senate and the Committee on Oversight
‘‘(iii) whether the function should be per- and and Reform of the House of Representatives
formed by a shared service offered by an- ‘‘(I) any other information determined rel- a briefing on the review.
other executive agency;’’; and evant by the head of the agency.’’; ‘‘(f) AUTOMATED STANDARD IMPLEMENTA-
(B) in paragraph (5)(B)(i), by inserting ‘‘, (4) in subsection (d)(2)— TION VERIFICATION.—When the Director of
while taking into account the risk-based (A) in the paragraph heading, by striking the National Institute of Standards and
cyber budget model developed pursuant to ‘‘NOTICE AND COMMENT’’ and inserting ‘‘CON- Technology issues a proposed standard pur-
section 3553(a)(7) of title 44’’ after ‘‘title 31’’. SULTATION, NOTICE, AND COMMENT’’; suant to paragraphs (2) and (3) of section
(c) SUBCHAPTER II.—Subchapter II of sub- (B) by inserting ‘‘promulgate,’’ before ‘‘sig- 20(a) of the National Institute of Standards
title III of title 40, United States Code, is nificantly modify’’; and and Technology Act (15 U.S.C. 278g–3(a)), the
amended— (C) by striking ‘‘shall be made after the Director of the National Institute of Stand-
(1) in section 11312(a), by inserting ‘‘, in- public is given an opportunity to comment ards and Technology shall consider devel-
cluding security risks’’ after ‘‘managing the on the Director’s proposed decision.’’ and in- oping and, if appropriate and practical, de-
risks’’; serting ‘‘shall be made— velop, in consultation with the Director of
(2) in section 11313(1), by striking ‘‘effi- ‘‘(A) for a decision to significantly modify the Cybersecurity and Infrastructure Secu-
ciency and effectiveness’’ and inserting ‘‘effi- rity Agency, specifications to enable the
or not promulgate such a proposed standard,
ciency, security, and effectiveness’’; automated verification of the implementa-
after the public is given an opportunity to
(3) in section 11315, by adding at the end tion of the controls within the standard.’’.
comment on the Director’s proposed deci-
the following: SEC. 5123. ACTIONS TO ENHANCE FEDERAL INCI-
sion; DENT RESPONSE.
‘‘(d) COMPONENT AGENCY CHIEF INFORMA- ‘‘(B) in consultation with the Chief Infor-
TION OFFICERS.—The Chief Information Offi- (a) RESPONSIBILITIES OF THE CYBERSECU-
mation Officers Council, the Director of the RITY AND INFRASTRUCTURE SECURITY AGEN-
cer or an equivalent official of a component
Cybersecurity and Infrastructure Security CY.—
agency shall report to—
Agency, the National Cyber Director, the (1) IN GENERAL.—Not later than 180 days
‘‘(1) the Chief Information Officer des-
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
and the Council of the Inspectors General on Director of the Cybersecurity and Infrastruc-
an equivalent official of the agency of which
Integrity and Efficiency; ture Security Agency shall—
the component agency is a component; and
‘‘(C) considering the Federal risk assess- (A) develop a plan for the development of
‘‘(2) the head of the component agency.’’;
ments performed under section 3553(i) of title the analysis required under section 3597(a) of
(4) in section 11317, by inserting ‘‘secu-
44; and title 44, United States Code, as added by this
rity,’’ before ‘‘or schedule’’; and
‘‘(D) considering the extent to which the division, and the report required under sub-
(5) in section 11319(b)(1), in the paragraph
proposed standard reduces risk relative to section (b) of that section that includes—
heading, by striking ‘‘CIOS’’ and inserting
the cost of implementation of the stand- (i) a description of any challenges the Di-
‘‘CHIEF INFORMATION OFFICERS’’.
(d) SUBCHAPTER III.—Section 11331 of title ard.’’; and rector anticipates encountering; and
40, United States Code, is amended— (5) by adding at the end the following: (ii) the use of automation and machine-
(1) in subsection (a), by striking ‘‘section ‘‘(e) REVIEW OF OFFICE OF MANAGEMENT readable formats for collecting, compiling,
3532(b)(1)’’ and inserting ‘‘section 3552(b)’’; AND BUDGET GUIDANCE AND POLICY.— monitoring, and analyzing data; and
(2) in subsection (b)(1)(A), by striking ‘‘the ‘‘(1) CONDUCT OF REVIEW.— (B) provide to the appropriate congres-
Secretary of Homeland Security’’ and insert- ‘‘(A) IN GENERAL.—Not less frequently than sional committees a briefing on the plan de-
ing ‘‘the Director of the Cybersecurity and once every 3 years, the Director of the Office veloped under subparagraph (A).
Infrastructure Security Agency’’; of Management and Budget, in consultation (2) BRIEFING.—Not later than 1 year after
(3) by striking subsection (c) and inserting with the Chief Information Officers Council, the date of enactment of this Act, the Direc-
the following: the Director of the Cybersecurity and Infra- tor of the Cybersecurity and Infrastructure
‘‘(c) APPLICATION OF MORE STRINGENT structure Security Agency, the National Security Agency shall provide to the appro-
STANDARDS.— Cyber Director, the Comptroller General of priate congressional committees a briefing
‘‘(1) IN GENERAL.—The head of an agency the United States, and the Council of the In- on—
shall— spectors General on Integrity and Efficiency (A) the execution of the plan required
‘‘(A) evaluate, in consultation with the shall review the efficacy of the guidance and under paragraph (1)(A); and
senior agency information security officers, policy promulgated by the Director in reduc- (B) the development of the report required
the need to employ standards for cost-effec- ing cybersecurity risks, including an assess- under section 3597(b) of title 44, United
tive, risk-based information security for all ment of the requirements for agencies to re- States Code, as added by this division.
systems, operations, and assets within or port information to the Director, and deter- (b) RESPONSIBILITIES OF THE DIRECTOR OF
under the supervision of the agency that are mine whether any changes to that guidance THE OFFICE OF MANAGEMENT AND BUDGET.—
more stringent than the standards promul- or policy is appropriate. (1) FISMA.—Section 2 of the Federal Infor-
gated by the Director under this section, if ‘‘(B) FEDERAL RISK ASSESSMENTS.—In con- mation Security Modernization Act of 2014
such standards contain, at a minimum, the ducting the review described in subparagraph (44 U.S.C. 3554 note) is amended—
provisions of those applicable standards (A), the Director shall consider the Federal (A) by striking subsection (b); and
made compulsory and binding by the Direc- risk assessments performed under section (B) by redesignating subsections (c)
tor; and 3553(i) of title 44. through (f) as subsections (b) through (e), re-
‘‘(B) to the greatest extent practicable and ‘‘(2) UPDATED GUIDANCE.—Not later than 90 spectively.
if the head of the agency determines that the days after the date on which a review is com- (2) INCIDENT DATA SHARING.—
standards described in subparagraph (A) are pleted under paragraph (1), the Director of (A) IN GENERAL.—The Director shall de-
necessary, employ those standards. the Office of Management and Budget shall velop guidance, to be updated not less fre-
‘‘(2) EVALUATION OF MORE STRINGENT STAND- issue updated guidance or policy to agencies quently than once every 2 years, on the con-
ARDS.—In evaluating the need to employ determined appropriate by the Director, tent, timeliness, and format of the informa-
more stringent standards under paragraph based on the results of the review. tion provided by agencies under section
(1), the head of an agency shall consider ‘‘(3) PUBLIC REPORT.—Not later than 30 3594(a) of title 44, United States Code, as
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available risk information, such as— days after the date on which a review is com- added by this division.
‘‘(A) the status of cybersecurity remedial pleted under paragraph (1), the Director of (B) REQUIREMENTS.—The guidance devel-
actions of the agency; the Office of Management and Budget shall oped under subparagraph (A) shall—
‘‘(B) any vulnerability information relat- make publicly available a report that in- (i) prioritize the availability of data nec-
ing to agency systems that is known to the cludes— essary to understand and analyze—
agency; ‘‘(A) an overview of the guidance and pol- (I) the causes of incidents;
‘‘(C) incident information of the agency; icy promulgated under this section that is (II) the scope and scale of incidents within
‘‘(D) information from— currently in effect; the environments and systems of an agency;
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8375
(III) a root cause analysis of incidents SEC. 5124. ADDITIONAL GUIDANCE TO AGENCIES and other risks associated with the use of ap-
that— ON FISMA UPDATES. plications on mobile devices.
(aa) are common across the Federal Gov- Not later than 1 year after the date of en- (c) INFORMATION SHARING.—The Director,
ernment; or actment of this Act, the Director, in coordi- in coordination with the Director of the Cy-
(bb) have a Government-wide impact; nation with the Director of the Cybersecu- bersecurity and Infrastructure Security
(IV) agency response, recovery, and reme- rity and Infrastructure Security Agency, Agency, shall issue guidance to agencies for
diation actions and the effectiveness of those shall issue guidance for agencies on— sharing the inventory of the agency required
actions; and (1) performing the ongoing and continuous under subsection (b)(1) with the Director of
(V) the impact of incidents; agency system risk assessment required the Cybersecurity and Infrastructure Secu-
(ii) enable the efficient development of— under section 3554(a)(1)(A) of title 44, United rity Agency, using automation and machine-
(I) lessons learned and recommendations in States Code, as amended by this division; readable data to the greatest extent prac-
responding to, recovering from, remediating, (2) implementing additional cybersecurity ticable.
and mitigating future incidents; and procedures, which shall include resources for (d) BRIEFING.—Not later than 60 days after
(II) the report on Federal incidents re- shared services; the date on which the Director issues guid-
quired under section 3597(b) of title 44, (3) establishing a process for providing the ance under subsection (a)(2), the Director, in
United States Code, as added by this divi- status of each remedial action under section coordination with the Director of the Cyber-
sion; 3554(b)(7) of title 44, United States Code, as security and Infrastructure Security Agency,
(iii) include requirements for the timeli- amended by this division, to the Director shall provide to the appropriate congres-
ness of data production; and and the Cybersecurity and Infrastructure Se- sional committees a briefing on the guid-
(iv) include requirements for using auto- curity Agency using automation and ma- ance.
mation and machine-readable data for data chine-readable data, as practicable, which SEC. 5142. DATA AND LOGGING RETENTION FOR
sharing and availability. shall include— INCIDENT RESPONSE.
(3) GUIDANCE ON RESPONDING TO INFORMA- (A) specific guidance for the use of auto- (a) RECOMMENDATIONS.—Not later than 2
TION REQUESTS.—Not later than 1 year after mation and machine-readable data; and years after the date of enactment of this
the date of enactment of this Act, the Direc- (B) templates for providing the status of Act, and not less frequently than every 2
tor shall develop guidance for agencies to the remedial action; years thereafter, the Director of the Cyberse-
implement the requirement under section (4) interpreting the definition of ‘‘high curity and Infrastructure Security Agency,
3594(c) of title 44, United States Code, as value asset’’ under section 3552 of title 44, in consultation with the Attorney General,
added by this division, to provide informa- United States Code, as amended by this divi- shall submit to the Director recommenda-
tion to other agencies experiencing inci- sion; and tions on requirements for logging events on
dents. (5) a requirement to coordinate with in- agency systems and retaining other relevant
(4) STANDARD GUIDANCE AND TEMPLATES.— spectors general of agencies to ensure con- data within the systems and networks of an
Not later than 1 year after the date of enact- sistent understanding and application of agency.
ment of this Act, the Director, in consulta- agency policies for the purpose of evalua- (b) CONTENTS.—The recommendations pro-
tion with the Director of the Cybersecurity tions by inspectors general. vided under subsection (a) shall include—
and Infrastructure Security Agency, shall SEC. 5125. AGENCY REQUIREMENTS TO NOTIFY (1) the types of logs to be maintained;
develop guidance and templates, to be re- PRIVATE SECTOR ENTITIES IM- (2) the time periods to retain the logs and
viewed and, if necessary, updated not less PACTED BY INCIDENTS.
other relevant data;
frequently than once every 2 years, for use (a) DEFINITIONS.—In this section: (3) the time periods for agencies to enable
by Federal agencies in the activities re- (1) REPORTING ENTITY.—The term ‘‘report- recommended logging and security require-
quired under sections 3592, 3593, and 3596 of ing entity’’ means private organization or
title 44, United States Code, as added by this ments;
governmental unit that is required by stat- (4) how to ensure the confidentiality, in-
division. ute or regulation to submit sensitive infor-
(5) CONTRACTOR AND AWARDEE GUIDANCE.— tegrity, and availability of logs;
mation to an agency. (5) requirements to ensure that, upon re-
(A) IN GENERAL.—Not later than 1 year (2) SENSITIVE INFORMATION.—The term
after the date of enactment of this Act, the quest, in a manner that excludes or other-
‘‘sensitive information’’ has the meaning wise reasonably protects personally identifi-
Director, in coordination with the Secretary given the term by the Director in guidance
of Homeland Security, the Secretary of De- able information, and to the extent per-
issued under subsection (b). mitted by applicable law (including privacy
fense, the Administrator of General Services, (b) GUIDANCE ON NOTIFICATION OF REPORT-
and the heads of other agencies determined and statistical laws), agencies provide logs
ING ENTITIES.—Not later than 180 days after to—
appropriate by the Director, shall issue guid- the date of enactment of this Act, the Direc-
ance to Federal agencies on how to (A) the Director of the Cybersecurity and
tor shall issue guidance requiring the head of Infrastructure Security Agency for a cyber-
deconflict, to the greatest extent prac- each agency to notify a reporting entity of
ticable, existing regulations, policies, and security purpose; and
an incident that is likely to substantially af- (B) the Federal Bureau of Investigation to
procedures relating to the responsibilities of fect—
contractors and awardees established under investigate potential criminal activity; and
(1) the confidentiality or integrity of sen- (6) requirements to ensure that, subject to
section 3595 of title 44, United States Code, sitive information submitted by the report-
as added by this division. compliance with statistical laws and other
ing entity to the agency pursuant to a statu- relevant data protection requirements, the
(B) EXISTING PROCESSES.—To the greatest tory or regulatory requirement; or
extent practicable, the guidance issued under highest level security operations center of
(2) the agency information system or sys- each agency has visibility into all agency
subparagraph (A) shall allow contractors and tems used in the transmission or storage of
awardees to use existing processes for noti- logs.
the sensitive information described in para- (c) GUIDANCE.—Not later than 90 days after
fying Federal agencies of incidents involving graph (1).
information of the Federal Government. receiving the recommendations submitted
TITLE LII—IMPROVING FEDERAL under subsection (a), the Director, in con-
(6) UPDATED BRIEFINGS.—Not less fre-
CYBERSECURITY sultation with the Director of the Cybersecu-
quently than once every 2 years, the Direc-
tor shall provide to the appropriate congres- SEC. 5141. MOBILE SECURITY STANDARDS. rity and Infrastructure Security Agency and
sional committees an update on the guidance (a) IN GENERAL.—Not later than 1 year the Attorney General, shall, as determined
and templates developed under paragraphs after the date of enactment of this Act, the to be appropriate by the Director, update
(2) through (4). Director shall— guidance to agencies regarding requirements
(c) UPDATE TO THE PRIVACY ACT OF 1974.— (1) evaluate mobile application security for logging, log retention, log management,
Section 552a(b) of title 5, United States Code guidance promulgated by the Director; and sharing of log data with other appropriate
(commonly known as the ‘‘Privacy Act of (2) issue guidance to secure mobile devices, agencies, or any other logging activity deter-
1974’’) is amended— including for mobile applications, for every mined to be appropriate by the Director.
(1) in paragraph (11), by striking ‘‘or’’ at agency. SEC. 5143. CISA AGENCY ADVISORS.
the end; (b) CONTENTS.—The guidance issued under (a) IN GENERAL.—Not later than 120 days
(2) in paragraph (12), by striking the period subsection (a)(2) shall include— after the date of enactment of this Act, the
at the end and inserting ‘‘; or’’; and (1) a requirement, pursuant to section Director of the Cybersecurity and Infrastruc-
(3) by adding at the end the following: 3506(b)(4) of title 44, United States Code, for ture Security Agency shall assign not less
‘‘(13) to another agency in furtherance of a every agency to maintain a continuous in- than 1 cybersecurity professional employed
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response to an incident (as defined in section ventory of every— by the Cybersecurity and Infrastructure Se-
3552 of title 44) and pursuant to the informa- (A) mobile device operated by or on behalf curity Agency to be the Cybersecurity and
tion sharing requirements in section 3594 of of the agency; and Infrastructure Security Agency advisor to
title 44 if the head of the requesting agency (B) vulnerability identified by the agency the senior agency information security offi-
has made a written request to the agency associated with a mobile device; and cer of each agency.
that maintains the record specifying the par- (2) a requirement for every agency to per- (b) QUALIFICATIONS.—Each advisor assigned
ticular portion desired and the activity for form continuous evaluation of the under subsection (a) shall have knowledge
which the record is sought.’’. vulnerabilities described in paragraph (1)(B) of—
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S8376 CONGRESSIONAL RECORD — SENATE November 17, 2021
(1) cybersecurity threats facing agencies, rector and the Director of the Cybersecurity SEC. 5145. ONGOING THREAT HUNTING PRO-
including any specific threats to the as- and Infrastructure Security Agency. GRAM.
signed agency; ‘‘(d) RESPONSIBILITIES OF CISA.—The Di- (a) THREAT HUNTING PROGRAM.—
(2) performing risk assessments of agency rector of the Cybersecurity and Infrastruc- (1) IN GENERAL.—Not later than 540 days
systems; and ture Security Agency shall— after the date of enactment of this Act, the
(3) other Federal cybersecurity initiatives. ‘‘(1) establish a process to assess the per- Director of the Cybersecurity and Infrastruc-
(c) DUTIES.—The duties of each advisor as- formance of penetration testing by both Fed- ture Security Agency shall establish a pro-
signed under subsection (a) shall include— eral and non-Federal entities that estab- gram to provide ongoing, hypothesis-driven
(1) providing ongoing assistance and ad- lishes minimum quality controls for penetra- threat-hunting services on the network of
vice, as requested, to the agency Chief Infor- tion testing; each agency.
mation Officer; ‘‘(2) develop operational guidance for insti- (2) PLAN.—Not later than 180 days after the
(2) serving as an incident response point of tuting penetration testing programs at agen- date of enactment of this Act, the Director
contact between the assigned agency and the cies; of the Cybersecurity and Infrastructure Se-
Cybersecurity and Infrastructure Security ‘‘(3) develop and maintain a centralized ca- curity Agency shall develop a plan to estab-
Agency; and pability to offer penetration testing as a lish the program required under paragraph
(3) familiarizing themselves with agency service to Federal and non-Federal entities; (1) that describes how the Director of the Cy-
systems, processes, and procedures to better and bersecurity and Infrastructure Security
facilitate support to the agency in respond- ‘‘(4) provide guidance to agencies on the Agency plans to—
ing to incidents. best use of penetration testing resources. (A) determine the method for collecting,
(d) LIMITATION.—An advisor assigned under ‘‘(e) RESPONSIBILITIES OF OMB.—The Direc- storing, accessing, and analyzing appropriate
subsection (a) shall not be a contractor. tor, in coordination with the Director of the agency data;
(e) MULTIPLE ASSIGNMENTS.—One indi- Cybersecurity and Infrastructure Security (B) provide on-premises support to agen-
vidual advisor may be assigned to multiple Agency, shall— cies;
agency Chief Information Officers under sub- ‘‘(1) not less frequently than annually, in- (C) staff threat hunting services;
section (a). ventory all Federal penetration testing as- (D) allocate available human and financial
SEC. 5144. FEDERAL PENETRATION TESTING POL- sets; and resources to implement the plan; and
ICY. ‘‘(2) develop and maintain a standardized (E) provide input to the heads of agencies
(a) IN GENERAL.—Subchapter II of chapter process for the use of penetration testing. on the use of—
35 of title 44, United States Code, is amended ‘‘(f) PRIORITIZATION OF PENETRATION TEST- (i) more stringent standards under section
by adding at the end the following: ING RESOURCES.—
11331(c)(1) of title 40, United States Code; and
‘‘(1) IN GENERAL.—The Director, in coordi- (ii) additional cybersecurity procedures
‘‘§ 3559A. Federal penetration testing
nation with the Director of the Cybersecu- under section 3554 of title 44, United States
‘‘(a) DEFINITIONS.—In this section: rity and Infrastructure Security Agency,
‘‘(1) AGENCY OPERATIONAL PLAN.—The term Code.
shall develop a framework for prioritizing
‘agency operational plan’ means a plan of an (b) REPORTS.—The Director of the Cyberse-
Federal penetration testing resources among
agency for the use of penetration testing. curity and Infrastructure Security Agency
agencies.
‘‘(2) RULES OF ENGAGEMENT.—The term shall submit to the appropriate congres-
‘‘(2) CONSIDERATIONS.—In developing the
‘rules of engagement’ means a set of rules es- sional committees—
framework under this subsection, the Direc-
tablished by an agency for the use of pene- (1) not later than 30 days after the date on
tor shall consider—
tration testing. which the Director of the Cybersecurity and
‘‘(A) agency system risk assessments per-
‘‘(b) GUIDANCE.— Infrastructure Security Agency completes
formed under section 3554(a)(1)(A);
‘‘(1) IN GENERAL.—The Director shall issue the plan required under subsection (a)(2), a
‘‘(B) the Federal risk assessment per-
guidance that— report on the plan to provide threat hunting
formed under section 3553(i);
‘‘(A) requires agencies to use, when and services to agencies;
‘‘(C) the analysis of Federal incident data
where appropriate, penetration testing on (2) not less than 30 days before the date on
performed under section 3597; and
agency systems; and which the Director of the Cybersecurity and
‘‘(D) any other information determined ap-
‘‘(B) requires agencies to develop an agen- Infrastructure Security Agency begins pro-
propriate by the Director or the Director of
cy operational plan and rules of engagement viding threat hunting services under the pro-
the Cybersecurity and Infrastructure Secu-
that meet the requirements under subsection gram under subsection (a)(1), a report pro-
rity Agency.
(c). ‘‘(g) EXCEPTION FOR NATIONAL SECURITY viding any updates to the plan developed
‘‘(2) PENETRATION TESTING GUIDANCE.—The SYSTEMS.—The guidance issued under sub- under subsection (a)(2); and
guidance issued under this section shall— section (b) shall not apply to national secu- (3) not later than 1 year after the date on
‘‘(A) permit an agency to use, for the pur- rity systems. which the Director of the Cybersecurity and
pose of performing penetration testing— ‘‘(h) DELEGATION OF AUTHORITY FOR CER- Infrastructure Security Agency begins pro-
‘‘(i) a shared service of the agency or an- TAIN SYSTEMS.—The authorities of the Direc- viding threat hunting services to agencies
other agency; or tor described in subsection (b) shall be dele- other than the Cybersecurity and Infrastruc-
‘‘(ii) an external entity, such as a vendor; gated— ture Security Agency, a report describing
and ‘‘(1) to the Secretary of Defense in the case lessons learned from providing those serv-
‘‘(B) require agencies to provide the rules of systems described in section 3553(e)(2); and ices.
of engagement and results of penetration ‘‘(2) to the Director of National Intel- SEC. 5146. CODIFYING VULNERABILITY DISCLO-
testing to the Director and the Director of ligence in the case of systems described in SURE PROGRAMS.
the Cybersecurity and Infrastructure Secu- 3553(e)(3).’’. (a) IN GENERAL.—Chapter 35 of title 44,
rity Agency, without regard to the status of (b) DEADLINE FOR GUIDANCE.—Not later United States Code, is amended by inserting
the entity that performs the penetration than 180 days after the date of enactment of after section 3559A, as added by section 5144
testing. this Act, the Director shall issue the guid- of this division, the following:
‘‘(c) AGENCY PLANS AND RULES OF ENGAGE- ance required under section 3559A(b) of title
‘‘§ 3559B. Federal vulnerability disclosure
MENT.—The agency operational plan and 44, United States Code, as added by sub-
programs
rules of engagement of an agency shall— section (a).
‘‘(1) require the agency to— (c) CLERICAL AMENDMENT.—The table of ‘‘(a) DEFINITIONS.—In this section:
‘‘(A) perform penetration testing on the sections for chapter 35 of title 44, United ‘‘(1) REPORT.—The term ‘report’ means a
high value assets of the agency; or States Code, is amended by adding after the vulnerability disclosure made to an agency
‘‘(B) coordinate with the Director of the item relating to section 3559 the following: by a reporter.
Cybersecurity and Infrastructure Security ‘‘3559A. Federal penetration testing.’’. ‘‘(2) REPORTER.—The term ‘reporter’ means
Agency to ensure that penetration testing is (d) PENETRATION TESTING BY THE SEC- an individual that submits a vulnerability
being performed; RETARY OF HOMELAND SECURITY.—Section report pursuant to the vulnerability disclo-
‘‘(2) establish guidelines for avoiding, as a 3553(b) of title 44, United States Code, as sure process of an agency.
result of penetration testing— amended by section 5121, is further amend- ‘‘(b) RESPONSIBILITIES OF OMB.—
‘‘(A) adverse impacts to the operations of ed— ‘‘(1) LIMITATION ON LEGAL ACTION.—The Di-
the agency; (1) in paragraph (8)(B), by striking ‘‘and’’ rector, in consultation with the Attorney
‘‘(B) adverse impacts to operational envi- at the end; General, shall issue guidance to agencies to
SSpencer on DSK126QN23PROD with SENATE
ronments and systems of the agency; and (2) by redesignating paragraph (9) as para- not recommend or pursue legal action
‘‘(C) inappropriate access to data; graph (10); and against a reporter or an individual that con-
‘‘(3) require the results of penetration test- (3) by inserting after paragraph (8) the fol- ducts a security research activity that the
ing to include feedback to improve the cy- lowing: head of the agency determines—
bersecurity of the agency; and ‘‘(9) performing penetration testing with or ‘‘(A) represents a good faith effort to fol-
‘‘(4) include mechanisms for providing con- without advance notice to, or authorization low the vulnerability disclosure policy of the
sistently formatted, and, if applicable, auto- from, agencies, to identify vulnerabilities agency developed under subsection (d)(2);
mated and machine-readable, data to the Di- within Federal information systems; and’’. and
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8377
‘‘(B) is authorized under the vulnerability ‘‘(D) be mature in scope, to cover all Fed- achieving requirements issued by the Direc-
disclosure policy of the agency developed eral information systems used or operated by tor;
under subsection (d)(2). that agency or on behalf of that agency. (2) an identification of activities that have
‘‘(2) SHARING INFORMATION WITH CISA.—The ‘‘(3) IDENTIFIED VULNERABILITIES.—The not yet been completed and that would have
Director, in coordination with the Director head of each agency shall incorporate any the most immediate security impact; and
of the Cybersecurity and Infrastructure Se- vulnerabilities reported under paragraph (2) (3) a schedule to implement any planned
curity Agency and in consultation with the into the vulnerability management process activities.
National Cyber Director, shall issue guid- of the agency in order to track and reme- SEC. 5148. AUTOMATION REPORTS.
ance to agencies on sharing relevant infor- diate the vulnerability. (a) OMB REPORT.—Not later than 180 days
mation in a consistent, automated, and ma- ‘‘(e) PAPERWORK REDUCTION ACT EXEMP- after the date of enactment of this Act, the
chine readable manner with the Cybersecu- TION.—The requirements of subchapter I Director shall submit to the appropriate con-
rity and Infrastructure Security Agency, in- (commonly known as the ‘Paperwork Reduc- gressional committees a report on the use of
cluding— tion Act’) shall not apply to a vulnerability automation under paragraphs (1), (5)(C) and
‘‘(A) any valid or credible reports of newly disclosure program established under this (8)(B) of section 3554(b) of title 44, United
discovered or not publicly known section. States Code.
vulnerabilities (including misconfigurations) ‘‘(f) CONGRESSIONAL REPORTING.—Not later
(b) GAO REPORT.—Not later than 1 year
on Federal information systems that use than 90 days after the date of enactment of
after the date of enactment of this Act, the
commercial software or services; the Federal Information Security Moderniza-
Comptroller General of the United States
‘‘(B) information relating to vulnerability tion Act of 2021, and annually thereafter for
shall perform a study on the use of automa-
disclosure, coordination, or remediation ac- a 3-year period, the Director shall provide to
tion and machine readable data across the
tivities of an agency, particularly as those the Committee on Homeland Security and
Federal Government for cybersecurity pur-
activities relate to outside organizations— Governmental Affairs of the Senate and the
poses, including the automated updating of
‘‘(i) with which the head of the agency be- Committee on Oversight and Reform of the
cybersecurity tools, sensors, or processes by
lieves the Director of the Cybersecurity and House of Representatives a briefing on the
agencies.
Infrastructure Security Agency can assist; status of the use of vulnerability disclosure
SEC. 5149. EXTENSION OF FEDERAL ACQUISITION
or policies under this section at agencies, in-
SECURITY COUNCIL.
‘‘(ii) about which the head of the agency cluding, with respect to the guidance issued
believes the Director of the Cybersecurity Section 1328 of title 41, United States Code,
under subsection (b)(3), an identification of
and Infrastructure Security Agency should is amended by striking ‘‘the date that’’ and
the agencies that are compliant and not
know; and all that follows and inserting ‘‘December 31,
compliant.
‘‘(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-
ERAL ON INTEGRITY AND EFFI-
helpful or necessary to involve the Cyberse- Cybersecurity and Infrastructure Security
CIENCY DASHBOARD.
curity and Infrastructure Security Agency. Agency under this section shall not apply to
‘‘(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 subparagraph (C); and
tor of the Cybersecurity and Infrastructure 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- following:
‘‘(1) provide support to agencies with re- 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).’’. information security recommendations iden-
ments of this section; (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 quired by section 3555(a) of title 44, United
mechanisms determined appropriate to offer 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 SEC. 5151. QUANTITATIVE CYBERSECURITY
quirements of this section; and section 204, the following: METRICS.
‘‘(3) upon a request by an agency, assist the ‘‘3559B. Federal vulnerability disclosure pro- (a) DEFINITION OF COVERED METRICS.—In
agency in the disclosure to vendors of newly grams.’’. this section, the term ‘‘covered metrics’’
identified vulnerabilities in vendor products SEC. 5147. IMPLEMENTING PRESUMPTION OF means the metrics established, reviewed, and
and services. COMPROMISE AND LEAST PRIVI- updated under section 224(c) of the Cyberse-
‘‘(d) RESPONSIBILITIES OF AGENCIES.— LEGE PRINCIPLES. curity Act of 2015 (6 U.S.C. 1522(c)).
‘‘(1) PUBLIC INFORMATION.—The head of (a) GUIDANCE.—Not later than 1 year after (b) UPDATING AND ESTABLISHING METRICS.—
each agency shall make publicly available, the date of enactment of this Act, the Direc- Not later than 1 year after the date of enact-
with respect to each internet domain under tor shall provide an update to the appro- ment of this Act, the Director of the Cyber-
the control of the agency that is not a na- priate congressional committees on progress security and Infrastructure Security Agency,
tional security system— in increasing the internal defenses of agency in coordination with the Director, shall—
‘‘(A) an appropriate security contact; and systems, including— (1) evaluate any covered metrics estab-
‘‘(B) the component of the agency that is (1) shifting away from ‘‘trusted networks’’ lished as of the date of enactment of this
responsible for the internet accessible serv- to implement security controls based on a Act; and
ices offered at the domain. presumption of compromise; (2) as appropriate and pursuant to section
‘‘(2) VULNERABILITY DISCLOSURE POLICY.— (2) implementing principles of least privi- 224(c) of the Cybersecurity Act of 2015 (6
The head of each agency shall develop and lege in administering information security U.S.C. 1522(c))—
make publicly available a vulnerability dis- programs; (A) update the covered metrics; and
closure policy for the agency, which shall— (3) limiting the ability of entities that (B) establish new covered metrics.
‘‘(A) describe— cause incidents to move laterally through or (c) IMPLEMENTATION.—
‘‘(i) the scope of the systems of the agency between agency systems; (1) IN GENERAL.—Not later than 540 days
included in the vulnerability disclosure pol- (4) identifying incidents quickly; after the date of enactment of this Act, the
icy; (5) isolating and removing unauthorized Director, in coordination with the Director
‘‘(ii) the type of information system test- entities from agency systems quickly; of the Cybersecurity and Infrastructure Se-
ing that is authorized by the agency; (6) otherwise increasing the resource costs curity Agency, shall promulgate guidance
‘‘(iii) the type of information system test- for entities that cause incidents to be suc- that requires each agency to use covered
ing that is not authorized by the agency; and cessful; and metrics to track trends in the cybersecurity
‘‘(iv) the disclosure policy of the agency for (7) a summary of the agency progress re- and incident response capabilities of the
sensitive information; ports required under subsection (b). agency.
‘‘(B) with respect to a report to an agency, (b) AGENCY PROGRESS REPORTS.—Not later (2) PERFORMANCE DEMONSTRATION.—The
describe— than 1 year after the date of enactment of guidance issued under paragraph (1) and any
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‘‘(i) how the reporter should submit the re- this Act, the head of each agency shall sub- subsequent guidance shall require agencies
port; and mit to the Director a progress report on im- to share with the Director of the Cybersecu-
‘‘(ii) if the report is not anonymous, when plementing an information security program rity and Infrastructure Security Agency
the reporter should anticipate an acknowl- based on the presumption of compromise and data demonstrating the performance of the
edgment of receipt of the report by the agen- least privilege principles, which shall in- agency using the covered metrics included in
cy; clude— the guidance.
‘‘(C) include any other relevant informa- (1) a description of any steps the agency (3) PENETRATION TESTS.—On not less than 2
tion; and has completed, including progress toward occasions during the 2-year period following
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S8378 CONGRESSIONAL RECORD — SENATE November 17, 2021
the date on which guidance is promulgated and control physical equipment and proc- (1) IN GENERAL.—Not later than 2 years
under paragraph (1), the Director shall en- esses of the Federal agency. after the date on which the model developed
sure that not less than 3 agencies are sub- (5) RISK-BASED BUDGET.—The term ‘‘risk- under subsection (a) is published, the head of
jected to substantially similar penetration based budget’’ means a budget— each covered agency shall use the model to
tests, as determined by the Director, in co- (A) developed by identifying and develop the annual cybersecurity and infor-
ordination with the Director of the Cyberse- prioritizing cybersecurity risks and mation technology budget requests of the
curity and Infrastructure Security Agency, vulnerabilities, including impact on agency agency.
in order to validate the utility of the covered operations in the case of a cyber attack, (2) AGENCY PERFORMANCE PLANS.—Section
metrics. through analysis of cyber threat intel- 3554(d)(2) of title 44, United States Code, is
(4) ANALYSIS CAPACITY.—The Director of ligence, incident data, and tactics, tech- amended by inserting ‘‘and the risk-based
the Cybersecurity and Infrastructure Secu- niques, procedures, and capabilities of cyber budget model required under section
rity Agency shall develop a capability that threats; and 3553(a)(7)’’ after ‘‘paragraph (1)’’.
allows for the analysis of the covered (B) that allocates resources based on the
metrics, including cross-agency performance risks identified and prioritized under sub- (c) VERIFICATION.—
of agency cybersecurity and incident re- paragraph (A). (1) IN GENERAL.—Section 1105(a)(35)(A)(i) of
sponse capability trends. title 31, United States Code, is amended—
SEC. 5162. ESTABLISHMENT OF RISK-BASED
(d) CONGRESSIONAL REPORTS.— BUDGET MODEL. (A) in the matter preceding subclause (I),
(1) UTILITY OF METRICS.—Not later than 1 by striking ‘‘by agency, and by initiative
(a) IN GENERAL.—
year after the date of enactment of this Act, area (as determined by the administration)’’
(1) MODEL.—Not later than 1 year after the
the Director of the Cybersecurity and Infra- and inserting ‘‘and by agency’’;
first publication of the budget submitted by
structure Security Agency shall submit to (B) in subclause (III), by striking ‘‘and’’ at
the President under section 1105 of title 31,
the appropriate congressional committees a the end; and
report on the utility of the covered metrics. United States Code, following the date of en-
actment of this Act, the Director, in con- (C) by adding at the end the following:
(2) USE OF METRICS.—Not later than 180 ‘‘(V) a validation that the budgets sub-
days after the date on which the Director sultation with the Director of the Cybersecu-
rity and Infrastructure Security Agency and mitted were developed using a risk-based
promulgates guidance under subsection methodology; and
(c)(1), the Director shall submit to the appro- the National Cyber Director and in coordina-
tion with the Director of the National Insti- ‘‘(VI) a report on the progress of each agen-
priate congressional committees a report on
tute of Standards and Technology, shall de- cy on closing recommendations identified
the results of the use of the covered metrics
velop a standard model for creating a risk- under the independent evaluation required
by agencies.
(e) CYBERSECURITY ACT OF 2015 UPDATES.— based budget for cybersecurity spending. by section 3555(a)(1) of title 44.’’.
Section 224 of the Cybersecurity Act of 2015 (2) RESPONSIBILITY OF DIRECTOR.—Section (2) EFFECTIVE DATE.—The amendments
(6 U.S.C. 1522) is amended— 3553(a) of title 44, United States Code, as made by paragraph (1) shall take effect on
(1) by striking subsection (c) and inserting amended by section 5121 of this division, is the date that is 2 years after the date on
the following: further amended by inserting after para- which the model developed under subsection
‘‘(c) IMPROVED METRICS.— graph (6) the following: (a) is published.
‘‘(1) IN GENERAL.—The Director of the Cy- ‘‘(7) developing a standard risk-based budg- (d) REPORTS.—
bersecurity and Infrastructure Security et model to inform Federal agency cyberse- (1) INDEPENDENT EVALUATION.—Section
Agency, in coordination with the Director, curity budget development; and’’. 3555(a)(2) of title 44, United States Code, is
shall establish, review, and update metrics (3) CONTENTS OF MODEL.—The model re- amended—
to measure the cybersecurity and incident quired to be developed under paragraph (1) (A) in subparagraph (B), by striking ‘‘and’’
response capabilities of agencies in accord- shall— at the end;
ance with the responsibilities of agencies (A) consider Federal and non-Federal cyber (B) in subparagraph (C), by striking the pe-
under section 3554 of title 44, United States threat intelligence products, where avail- riod at the end and inserting ‘‘; and’’; and
Code. able, to identify threats, vulnerabilities, and (C) by adding at the end the following:
‘‘(2) QUALITIES.—With respect to the risks;
‘‘(D) an assessment of how the agency im-
metrics established, reviewed, and updated (B) consider the impact of agency oper-
plemented the risk-based budget model re-
under paragraph (1)— ations of compromise of systems, including
‘‘(A) not less than 2 of the metrics shall be quired under section 3553(a)(7) and an evalua-
the interconnectivity to other agency sys-
time-based, such as a metric of— tion of whether the model mitigates agency
tems and the operations of other agencies;
‘‘(i) the amount of time it takes for an cyber vulnerabilities.’’.
(C) indicate where resources should be allo-
agency to detect an incident; and (2) ASSESSMENT.—Section 3553(c) of title 44,
cated to have the greatest impact on miti-
‘‘(ii) the amount of time that passes be- United States Code, as amended by section
gating current and future threats and cur-
tween— 5121, is further amended by inserting after
rent and future cybersecurity capabilities;
‘‘(I) the detection of an incident and the re- paragraph (5) the following:
(D) be used to inform acquisition and
mediation of the incident; and ‘‘(6) an assessment of—
sustainment of—
‘‘(II) the remediation of an incident and (i) information technology and cybersecu- ‘‘(A) Federal agency implementation of the
the recovery from the incident; and rity tools; model required under subsection (a)(7);
‘‘(B) the metrics may include other meas- (ii) information technology and cybersecu- ‘‘(B) how cyber vulnerabilities of Federal
urable outcomes.’’; rity architectures; agencies changed from the previous year;
(2) by striking subsection (e); and (iii) information technology and cyberse- and
(3) by redesignating subsection (f) as sub- curity personnel; and ‘‘(C) whether the model mitigates the
section (e). (iv) cybersecurity and information tech- cyber vulnerabilities of the Federal Govern-
TITLE LIII—RISK-BASED BUDGET MODEL nology concepts of operations; and ment.’’.
SEC. 5161. DEFINITIONS. (E) be used to evaluate and inform Govern- (e) GAO REPORT.—Not later than 3 years
In this title: ment-wide cybersecurity programs of the De- after the date on which the first budget of
(1) APPROPRIATE CONGRESSIONAL COMMIT- partment of Homeland Security. the President is submitted to Congress con-
TEES.—The term ‘‘appropriate congressional (4) REQUIRED UPDATES.—Not less frequently taining the validation required under section
committees’’ means— than once every 3 years, the Director shall
1105(a)(35)(A)(i)(V) of title 31, United States
(A) the Committee on Homeland Security review, and update as necessary, the model
Code, as amended by subsection (c), the
and Governmental Affairs and the Com- required to be developed under this sub-
mittee on Appropriations of the Senate; and section. Comptroller General of the United States
(B) the Committee on Homeland Security (5) PUBLICATION.—The Director shall pub- shall submit to the appropriate congres-
and the Committee on Appropriations of the lish the model required to be developed sional committees a report that includes—
House of Representatives. under this subsection, and any updates nec- (1) an evaluation of the success of covered
(2) COVERED AGENCY.—The term ‘‘covered essary under paragraph (4), on the public agencies in developing risk-based budgets;
agency’’ has the meaning given the term website of the Office of Management and (2) an evaluation of the success of covered
‘‘executive agency’’ in section 133 of title 41, Budget. agencies in implementing risk-based budg-
United States Code. (6) REPORTS.—Not later than 1 year after ets;
(3) DIRECTOR.—The term ‘‘Director’’ means the date of enactment of this Act, and annu- (3) an evaluation of whether the risk-based
SSpencer on DSK126QN23PROD with SENATE
the Director of the Office of Management ally thereafter for each of the 2 following fis- budgets developed by covered agencies miti-
and Budget. cal years or until the date on which the gate cyber vulnerability, including the ex-
(4) INFORMATION TECHNOLOGY.—The term model required to be developed under this tent to which the risk-based budgets inform
‘‘information technology’’— subsection is completed, whichever is sooner, Federal Government-wide cybersecurity pro-
(A) has the meaning given the term in sec- the Director shall submit a report to Con- grams; and
tion 11101 of title 40, United States Code; and gress on the development of the model. (4) any other information relating to risk-
(B) includes the hardware and software (b) REQUIRED USE OF RISK-BASED BUDGET based budgets the Comptroller General de-
systems of a Federal agency that monitor MODEL.— termines appropriate.
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8379
TITLE LIV—PILOT PROGRAMS TO ‘‘(15) KEY TECHNOLOGY FOCUS AREA IMPACT- SEC. l. CHILD CARE RESOURCE GUIDE.
ENHANCE FEDERAL CYBERSECURITY ING NATIONAL SECURITY.—The term ‘key tech- The Small Business Act (15 U.S.C. 631 et
SEC. 5181. ACTIVE CYBER DEFENSIVE STUDY. nology focus area impacting national secu- seq.) is amended—
rity’ means an area involving— (1) by redesignating section 49 as section
(a) DEFINITION.—In this section, the term
‘‘(A) semiconductors; 50; and
‘‘active defense technique’’—
‘‘(B) artificial intelligence, machine learn- (2) by inserting after section 48 the fol-
(1) means an action taken on the systems
ing, autonomy, and related advances; lowing new section:
of an entity to increase the security of infor-
‘‘(C) high performance computing and ad- ‘‘SEC. 49. CHILD CARE RESOURCE GUIDE.
mation on the network of an agency by mis-
leading an adversary; and vanced computer hardware and software; ‘‘(a) IN GENERAL.—Not later than 1 year
‘‘(D) quantum information science and after the date of the enactment of this sec-
(2) includes a honeypot, deception, or pur-
technology; tion and not less frequently than every 5
posefully feeding false or misleading data to
‘‘(E) robotics, automation, and advanced years thereafter, the Administrator shall
an adversary when the adversary is on the
manufacturing; publish or update a resource guide, applica-
systems of the entity.
‘‘(F) natural and anthropogenic disaster ble to various business models as determined
(b) STUDY.—Not later than 180 days after
prevention or mitigation; by the Administrator, for small business
the date of enactment of this Act, the Direc- concerns operating as child care providers.
tor of the Cybersecurity and Infrastructure ‘‘(G) advanced communications technology
and immersive technology; ‘‘(b) GUIDANCE ON SMALL BUSINESS CONCERN
Security Agency, in coordination with the MATTERS.—The resource guide required
Director, shall perform a study on the use of ‘‘(H) biotechnology, medical technology,
genomics, and synthetic biology; under subsection (a) shall include guidance
active defense techniques to enhance the se- for such small business concerns related to—
curity of agencies, which shall include— ‘‘(I) data storage, data management, dis-
‘‘(1) operations (including marketing and
(1) a review of legal restrictions on the use tributed ledger technologies, and cybersecu-
management planning);
of different active cyber defense techniques rity, including biometrics;
‘‘(2) finances (including financial planning,
in Federal environments, in consultation ‘‘(J) advanced energy and industrial effi-
financing, payroll, and insurance);
with the Department of Justice; ciency technologies, such as batteries and
‘‘(3) compliance with relevant laws (includ-
(2) an evaluation of— advanced nuclear technologies, including but
ing the Internal Revenue Code of 1986 and
(A) the efficacy of a selection of active de- not limited to for the purposes of electric
this Act);
fense techniques determined by the Director generation (consistent with section 15 of the
‘‘(4) training and safety (including equip-
of the Cybersecurity and Infrastructure Se- National Science Foundation Act of 1950 (42
ment and materials);
curity Agency; and U.S.C. 1874)); and
‘‘(5) quality (including eligibility for fund-
(B) factors that impact the efficacy of the ‘‘(K) advanced materials science, including
ing under the Child Care and Development
active defense techniques evaluated under composites and 2D materials.’’.
Block Grant Act of 1990 (42 U.S.C. 9857 et
subparagraph (A); seq.) as an eligible child care provider); and
(3) recommendations on safeguards and SA 4766. Mr. HAGERTY submitted an ‘‘(6) any other matters the Administrator
procedures that shall be established to re- amendment intended to be proposed to determines appropriate.
quire that active defense techniques are ade- amendment SA 3867 submitted by Mr. ‘‘(c) CONSULTATION REQUIRED.—Before pub-
quately coordinated to ensure that active de- REED and intended to be proposed to lication or update of the resource guide re-
fense techniques do not impede threat re- the bill H.R. 4350, to authorize appro- quired under subsection (a), the Adminis-
sponse efforts, criminal investigations, and trator shall consult with the following:
national security activities, including intel-
priations for fiscal year 2022 for mili-
‘‘(1) The Secretary of Health and Human
ligence collection; and tary activities of the Department of Services.
Defense, for military construction, and ‘‘(2) Representatives from lead agencies
SA 4765. Mr. HAGERTY (for himself, for defense activities of the Depart- designated under section 658D of the Child
Mr. KING, and Mr. PORTMAN) submitted ment of Energy, to prescribe military Care and Development Block Grant Act of
an amendment intended to be proposed personnel strengths for such fiscal 1990 (42 U.S.C. 9858b).
to amendment SA 3867 submitted by year, and for other purposes; which was ‘‘(3) Representatives from local or regional
Mr. REED and intended to be proposed ordered to lie on the table; as follows: child care resource and referral organiza-
tions described in section 658E(c)(3)(B)(iii)(I)
to the bill H.R. 4350, to authorize ap- At the end of subtitle G of title X, add the of the Child Care and Development Block
propriations for fiscal year 2022 for following: Grant Act of 1990 (42 U.S.C.
military activities of the Department SEC. 1064. GUIDANCE ON FOREIGN TRANSPOR- 9858c(c)(3)(B)(iii)(I)).
of Defense, for military construction, TATION NETWORK COMPANIES. ‘‘(4) Any other relevant entities as deter-
and for defense activities of the De- Not later than 90 days after the date of the mined by the Administrator.
partment of Energy, to prescribe mili- enactment of this Act, the Secretary of De- ‘‘(d) PUBLICATION AND DISSEMINATION RE-
fense, in consultation with the Secretary of QUIRED.—
tary personnel strengths for such fiscal
State and the Director of National Intel- ‘‘(1) PUBLICATION.—The Administrator
year, and for other purposes; which was ligence, shall assess the security shall publish the resource guide required
ordered to lie on the table; as follows: vulnerabilities associated with the use mem- under subsection (a) in English and in the 10
At the end of subtitle B of title II, add the bers of the Armed Forces and Department of most commonly spoken languages, other
following: Defense civilian personnel of foreign trans- than English, in the United States, which
SEC. 2ll. COVERED PROJECTS UNDER TITLE portation network companies and provide shall include Mandarin, Cantonese, Japa-
XLI OF THE FAST ACT. guidance on the appropriate use of such com- nese, and Korean. The Administrator shall
Section 41001 of the FAST Act (42 U.S.C. panies. The assessment shall include a re- make each translation of the resource guide
4370m) is amended— view of the data privacy and national secu- available on a publicly accessible website of
(1) in paragraph (6)(A)— rity risks inherent to third-party transpor- the Administration.
(A) in the matter preceding clause (i), by tation operators with ties to foreign govern- ‘‘(2) DISTRIBUTION.—
inserting ‘‘key technology focus areas im- ment agencies that provide transportation ‘‘(A) ADMINISTRATOR.—The Administrator
pacting national security,’’ after services to members of the Armed Forces, in- shall distribute the resource guide required
‘‘broadband,’’; cluding the exposure of trip and route details under subsection (a) to offices within the Ad-
(B) in clause (iii)(III), by striking ‘‘or’’ at and personally identifiable information. ministration, including district offices, and
the end; to the persons consulted under subsection
(C) in clause (iv)(II), by striking the period SA 4767. Ms. DUCKWORTH submitted (c).
at the end and inserting ‘‘; or’’; and an amendment intended to be proposed ‘‘(B) OTHER ENTITIES.—Women’s business
(D) by adding at the end the following: to amendment SA 3867 submitted by centers (as described under section 29), small
‘‘(v)(I) is of substantial national impor- business development centers, chapters of
tance and complexity, as determined by the
Mr. REED and intended to be proposed the Service Corps of Retired Executives (es-
Executive Director; and to the bill H.R. 4350, to authorize ap- tablished under section 8(b)(1)(B)), and Vet-
‘‘(II)(aa) is subject to NEPA; propriations for fiscal year 2022 for eran Business Outreach Centers (as described
‘‘(bb) requires the preparation of an envi- military activities of the Department under section 32) shall distribute to small
ronmental document; or of Defense, for military construction, business concerns operating as child care
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‘‘(cc) requires an authorization or environ- and for defense activities of the De- providers, sole proprietors operating as child
mental review that involves 2 or more agen- partment of Energy, to prescribe mili- care providers, and child care providers that
cies.’’; tary personnel strengths for such fiscal have limited administrative capacity, as de-
(2) by redesignating paragraphs (15) termined by the Administrator—
through (18) as paragraphs (16) through (19),
year, and for other purposes; which was ‘‘(i) the resource guide required under sub-
respectively; and ordered to lie on the table; as follows: section (a); and
(3) by inserting after paragraph (14) the fol- At the appropriate place, insert the fol- ‘‘(ii) other resources available that the Ad-
lowing: lowing: ministrator determines to be relevant.’’.
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S8380 CONGRESSIONAL RECORD — SENATE November 17, 2021
SA 4768. Mr. CRAMER (for himself, (5) Options for scholarships and internships At the appropriate place, insert the fol-
Ms. HIRONO, Mr. WICKER, and Mr. to grow a cyber and software engineering lowing:
BLUMENTHAL) submitted an amendment workforce pipeline. SEC. llll. HIGH RESEARCH ACTIVITY STATUS
HBCU PILOT PROGRAM.
intended to be proposed to amendment
SA 4770. Ms. MURKOWSKI (for her- (a) PURPOSES.—The purposes of the pro-
SA 3867 submitted by Mr. REED and in- gram established under this section shall
self, Mr. KING, and Mr. SULLIVAN) sub-
tended to be proposed to the bill H.R. be—
mitted an amendment intended to be
4350, to authorize appropriations for (1) to enable high research activity status
proposed to amendment SA 3867 sub-
fiscal year 2022 for military activities historically Black colleges and universities
of the Department of Defense, for mili- mitted by Mr. REED and intended to be to achieve very high research activity sta-
tary construction, and for defense ac- proposed to the bill H.R. 4350, to au- tus; and
tivities of the Department of Energy, thorize appropriations for fiscal year (2) to increase the national number of Afri-
to prescribe military personnel 2022 for military activities of the De- can-American undergraduate and graduate
partment of Defense, for military con- students with degrees in science, technology,
strengths for such fiscal year, and for engineering, and mathematics.
other purposes; which was ordered to struction, and for defense activities of
(b) DEFINITIONS.—
lie on the table; as follows: the Department of Energy, to prescribe (1) SECRETARY.—The term ‘‘Secretary’’
At the end of subtitle E of title III, add the military personnel strengths for such means the Secretary of Defense.
following: fiscal year, and for other purposes; (2) HIGH RESEARCH ACTIVITY STATUS.—The
SEC. 376. INCREASE IN FUNDING FOR PROCURE- which was ordered to lie on the table; term ‘‘high research activity status’’ means
MENT AND CERTAIN OPERATION as follows: such status, as classified by the Carnegie
AND MAINTENANCE ACCOUNTS. Classification of Institutions of Higher Edu-
At the appropriate place, insert the fol-
(a) ADDITIONAL FUNDING.— lowing: cation.
(1) PROCUREMENT.—The amount authorized (3) HISTORICALLY BLACK COLLEGE OR UNI-
SEC. lll. MODIFICATION TO REGIONAL CEN-
to be appropriated for fiscal year 2022 by sec- TERS FOR SECURITY STUDIES. VERSITY.—The term ‘‘historically Black col-
tion 101 for procurement is hereby increased (a) IN GENERAL.—Section 342(b)(2) of title lege or university’’ has the meaning given
by $10,000,000. 10, United States Code, is amended by adding the term ‘‘part B institution’’ under section
(2) OPERATION AND MAINTENANCE.—The at the end the following new subparagraph:
322 of the Higher Education Act of 1965 (20
amount authorized to be appropriated for fis- U.S.C. 1061).
‘‘(F) The Ted Stevens Center for Arctic Se-
cal year 2022 by section 301 for operation and (4) VERY HIGH RESEARCH ACTIVITY STATUS.—
curity Studies, established in 2021 and lo-
maintenance is hereby increased by The term ‘‘very high research activity sta-
cated in Anchorage, Alaska.’’.
$40,000,000. tus’’ means such status, as classified by the
(b) ACCEPTANCE OF GIFTS AND DONATIONS.—
(b) OFFSET.—The amount authorized to be Carnegie Classification of Institutions of
Section 2611(a)(2) of title 10, United States
appropriated for fiscal year 2022 by section Higher Education.
Code, is amended by adding at the end the
301 for operation and maintenance is hereby (c) VERY HIGH RESEARCH ACTIVITY STATUS
following new subparagraph: HISTORICALLY BLACK COLLEGES OR UNIVER-
decreased by $50,000,000, with the amount of
‘‘(F) The Ted Stevens Center for Arctic Se- SITIES PROGRAM.—
the reduction to be derived from Army Oper-
curity Studies, established in 2021 and lo- (1) PROGRAM.—The Secretary is authorized
ation and Maintenance, Afghanistan Secu-
rity Forces Fund, Afghan National Army, cated in Anchorage, Alaska.’’. to establish and carry out, using funds made
Sustainment, line 010 of the table in section available for research activities across the
4301.
SA 4771. Mr. HICKENLOOPER (for Office of the Undersecretary of Defense for
himself, Mr. CRAMER, Mr. KELLY, and Research and Engineering, a pilot program
SA 4769. Mr. WARNOCK submitted an Mr. MORAN) submitted an amendment to award grants in focused areas of scientific
amendment intended to be proposed to intended to be proposed to amendment research on a competitive, merit-reviewed
amendment SA 3867 submitted by Mr. SA 3867 submitted by Mr. REED and in- basis to grow high research activity status
REED and intended to be proposed to tended to be proposed to the bill H.R. (R2) historically Black colleges and univer-
the bill H.R. 4350, to authorize appro- 4350, to authorize appropriations for sities to achieve very high research activity
status (R1), while increasing the national
priations for fiscal year 2022 for mili- fiscal year 2022 for military activities
number of African-American undergraduate,
tary activities of the Department of of the Department of Defense, for mili- graduate, and post-doctoral students with
Defense, for military construction, and tary construction, and for defense ac- degrees in science, technology, engineering,
for defense activities of the Depart- tivities of the Department of Energy, and mathematics. The Secretary may expand
ment of Energy, to prescribe military to prescribe military personnel the program to other historically Black col-
personnel strengths for such fiscal strengths for such fiscal year, and for leges or universities beyond those histori-
year, and for other purposes; which was other purposes; which was ordered to cally Black colleges or universities classified
ordered to lie on the table; as follows: lie on the table; as follows: as high research activity status if the Sec-
At the appropriate place in title XVI, in- retary determines that the program can sup-
At the end of subtitle A of title XV, add
sert the following: port such an expansion.
the following:
SEC. lll. REPORT ON PATHWAYS FOR CYBER
(2) GRANTS.—In carrying out the program,
SEC. 1516. SENSE OF SENATE ON ANTI-SATELLITE
AND SOFTWARE ENGINEERING the Secretary shall award grants for key
MISSILE TEST OF RUSSIAN FEDERA-
WORKFORCE GROWTH. TION. areas of scientific research on a competitive,
(a) REPORT REQUIRED.—Not later than one It is the sense of the Senate that— merit-reviewed basis to historically Black
year after the date of the enactment of this (1) the reckless anti-satellite missile test colleges or universities that are classified as
Act, the Secretary of Defense shall submit to of the Russian Federation on November 15, high research activity status institutions at
Congress a report on pathways for cyber and 2021, and the threat the resulting orbital de- the time of application for such a grant.
software engineering workforce growth. bris poses to satellites, ongoing and future (3) APPLICATION.—
(b) MATTERS COVERED.—The report re- space missions, and the safety of United (A) IN GENERAL.—To be eligible to receive a
quired by subsection (a) shall cover the fol- States astronauts at the International Space grant under this section, a historically Black
lowing: Station, are to be condemned; and college or university described in paragraph
(1) Any current Department of Defense hir- (2) support for responsible norms of behav- (2) shall submit an application to the Sec-
ing practices or restrictions that constrain ior in space should be reaffirmed. retary at such time, in such manner, and
workforce growth or retention. containing such information and assurances
(2) Areas where partnership with State and SA 4772. Mr. VAN HOLLEN (for him- as the Secretary may require.
local educational agencies focused on ele- (B) CONTENTS.—The application described
self and Mr. TILLIS) submitted an
mentary or secondary education can boost in subparagraph (A) shall include, at a min-
workforce in an area, especially in rural amendment intended to be proposed to imum, a description of—
schools and schools that receive funds under amendment SA 3867 submitted by Mr. (i) a plan for increasing the level of re-
part A of title I of the Elementary and Sec- REED and intended to be proposed to search activity and achieving very high re-
ondary Education Act of 1965 (20 U.S.C. 6301 the bill H.R. 4350, to authorize appro- search activity status classification within
et seq.). priations for fiscal year 2022 for mili- 10 years of the grant award, including meas-
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(3) Incentive and policy options to bring tary activities of the Department of urable milestones such as growth in research
qualified individuals to the regions where Defense, for military construction, and expenditures, number of research doctoral
the jobs are currently. degrees awarded, number of research-focused
for defense activities of the Depart-
(4) Authorities and programs at the De- faculty, and other relevant factors;
partment of Labor that could be used to edu- ment of Energy, to prescribe military (ii) how the institution of higher education
cate, retrain, or incentivize individuals to personnel strengths for such fiscal will sustain the increased level of research
pursue these fields in cyber and software en- year, and for other purposes; which was activity beyond the duration of the award;
gineering. ordered to lie on the table; as follows: and
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8381
(iii) how the implementation of the pro- amendment SA 3867 submitted by Mr. (1) IN GENERAL.—Section 957 of the Na-
posed plan will be evaluated and assessed. REED and intended to be proposed to tional Defense Authorization Act for Fiscal
(4) PROGRAM COMPONENTS.— the bill H.R. 4350, to authorize appro- Year 2020 (10 U.S.C. 9016 note) is amended—
(A) STRATEGIC AREAS OF SCIENTIFIC RE- (A) in subsection (a), by striking ‘‘Effec-
priations for fiscal year 2022 for mili-
SEARCH.—In consultation with the Defense tive’’ and inserting ‘‘Not later than’’; and
Science Board, the Secretary, or the Sec- tary activities of the Department of (B) in subsection (b)—
retary’s designee, shall establish annually a Defense, for military construction, and (i) in paragraph (1), by striking ‘‘Effective
list of key areas of research for which appli- for defense activities of the Depart- as of’’ and inserting ‘‘Not later than’’; and
cants can seek funding. ment of Energy, to prescribe military (ii) in paragraph (2), by striking ‘‘as of Oc-
(B) USE OF FUNDS.—An institution that re- personnel strengths for such fiscal tober 1, 2022’’ and inserting ‘‘as described in
ceives a grant under this section shall use year, and for other purposes; which was paragraph (1)’’.
the grant funds to support research activi- (2) CONFORMING AMENDMENT.—Section
ordered to lie on the table; as follows:
ties, including— 9016(b)(6)(vi) of title 10, United States Code,
At the appropriate place in title III, insert
(i) faculty professional development; as amended by section 1505(b), is further
the following:
(ii) stipends for undergraduate and grad- amended by striking ‘‘Effective as of’’ and
SEC. 3ll. REQUIREMENTS RELATING TO JOINT
uate students and post-doctoral scholars; inserting ‘‘Not later than’’.
USE AGREEMENTS.
(iii) laboratory equipment and instrumen- (3) TECHNICAL CORRECTION.—Section
(a) PROHIBITION.—The Secretary of a mili-
tation; and 957(b)(1) of the National Defense Authoriza-
tary department may not enter into or mod-
(iv) other activities necessary to build re- tion Act for Fiscal Year 2020 (10 U.S.C. 9016
ify a joint use agreement with a non-Depart-
search capacity. note) is amended by striking ‘‘section
ment of Defense organization that is not
(C) RESEARCH ASSESSMENT.— 1832(b)’’ and inserting ‘‘section 956(b)’’.
beneficial to the Department of Defense.
(i) IN GENERAL.—An institution that sub-
(b) NOTICE AND WAIT REQUIREMENT.—
mits a proposal for a grant under this sec-
(1) IN GENERAL.—The Secretary of a mili- SA 4776. Mr. PETERS (for himself,
tion shall submit with their proposal a plan Mr. PORTMAN, and Mr. GRASSLEY) sub-
tary department may not enter into a joint
that describes the institution’s plan to mitted an amendment intended to be
use agreement with a non-Department of De-
achieve very high research activity status, proposed to amendment SA 3867 sub-
fense organization until 180 days after certi-
including making investments with institu-
tional and non-Federal funds, to achieve that
fying to the congressional defense commit- mitted by Mr. REED and intended to be
tees that the agreement will benefit the op- proposed to the bill H.R. 4350, to au-
status within a decade of the grant award, to
erations and readiness of the military instal- thorize appropriations for fiscal year
the extent practicable.
lation concerned or the Department overall.
(ii) UPDATED PLAN.—An institution that re- 2022 for military activities of the De-
(2) ELEMENTS.—A certification required by
ceives a grant under this section shall sub-
paragraph (1) shall include the following ele- partment of Defense, for military con-
mit to the Secretary an updated plan de- struction, and for defense activities of
ments:
scribed in clause (i) not less than once every the Department of Energy, to prescribe
(A) A determination that the operations
3 years, which shall be based on a self-assess- military personnel strengths for such
and readiness of the military installation
ment of progress in achieving very high re-
search activity status.
concerned will benefit as a result of the fiscal year, and for other purposes;
agreement. which was ordered to lie on the table;
(D) TRANSITION ELIGIBILITY.—The Sec-
(B) A description of the effect of the agree- as follows:
retary may consider creating pathways for
ment on the installation and the Depart-
new historically Black colleges or univer- At the end, add the following:
ment.
sities to enter into the program under this DIVISION E—INSPECTOR GENERAL INDE-
(C) A description of the benefit of the
section as participating institutions achieve PENDENCE AND EMPOWERMENT ACT
agreement to outside agencies.
very high research activity status. OF 2021
(D) A description of alternative options to
SA 4773. Mr. MARKEY submitted an the agreement that were investigated. SEC. 5101. SHORT TITLE.
(E) Any other elements the Secretary con- This division may be cited as the ‘‘Inspec-
amendment intended to be proposed to
siders relevant. tor General Independence and Empowerment
amendment SA 3867 submitted by Mr.
Act of 2021’’.
REED and intended to be proposed to SA 4775. Mr. REED submitted an
the bill H.R. 4350, to authorize appro- TITLE LI—INSPECTOR GENERAL
amendment intended to be proposed to INDEPENDENCE
priations for fiscal year 2022 for mili- amendment SA 3867 submitted by Mr.
tary activities of the Department of SEC. 5111. SHORT TITLE.
REED and intended to be proposed to
Defense, for military construction, and This title may be cited as the ‘‘Securing
the bill H.R. 4350, to authorize appro- Inspector General Independence Act of 2021’’.
for defense activities of the Depart- priations for fiscal year 2022 for mili-
ment of Energy, to prescribe military SEC. 5112. REMOVAL OR TRANSFER OF INSPEC-
tary activities of the Department of TORS GENERAL; PLACEMENT ON
personnel strengths for such fiscal Defense, for military construction, and NON-DUTY STATUS.
year, and for other purposes; which was for defense activities of the Depart- (a) IN GENERAL.—The Inspector General
ordered to lie on the table; as follows: ment of Energy, to prescribe military Act of 1978 (5 U.S.C. App.) is amended—
At the end of subtitle B of title III, add the personnel strengths for such fiscal (1) in section 3(b)—
following: (A) by inserting ‘‘(1)(A)’’ after ‘‘(b)’’;
year, and for other purposes; which was
SEC. 318. DEPARTMENT OF DEFENSE PLAN TO (B) in paragraph (1), as so designated—
MEET SCIENCE-BASED EMISSIONS ordered to lie on the table; as follows: (i) in subparagraph (A), as so designated, in
TARGETS. Strike section 1508 and insert the fol- the second sentence—
(a) PLAN REQUIRED.—Not later than Sep- lowing: (I) by striking ‘‘reasons’’ and inserting the
tember 30, 2022, the Secretary of Defense SEC. 1508. MODIFICATIONS TO EFFECTIVE DATES following: ‘‘substantive rationale, including
shall submit to Congress a plan to reduce the RELATING TO THE ASSISTANT SEC- detailed and case-specific reasons,’’; and
greenhouse gas emissions of the Department RETARY OF THE AIR FORCE FOR
(II) by inserting ‘‘(including to the appro-
of Defense, including functions of the De- SPACE ACQUISITION AND INTEGRA-
TION AND THE SERVICE ACQUISI- priate congressional committees)’’ after
partment that are performed by contractors, ‘‘Houses of Congress’’; and
in line with science-based emissions targets. TION EXECUTIVE OF THE DEPART-
MENT OF THE AIR FORCE FOR (ii) by adding at the end the following:
(b) UPDATES.—Not later than one year
SPACE SYSTEMS AND PROGRAMS. ‘‘(B) If there is an open or completed in-
after the submittal of the plan under sub-
section (a), and annually thereafter, the Sec- (a) MODIFICATION TO EFFECTIVE DATE OF quiry into an Inspector General that relates
retary shall submit to Congress a report on TRANSFER OF ACQUISITION PROJECTS FOR to the removal or transfer of the Inspector
the progress of the Department toward meet- SPACE SYSTEMS AND PROGRAMS.—Section General under subparagraph (A), the written
ing the science-based emissions targets in 956(b)(3) of the National Defense Authoriza- communication required under that subpara-
such plan. tion Act for Fiscal Year 2020 (Public Law graph shall—
(c) SCIENCE-BASED EMISSIONS TARGET DE- 116–92; 133 Stat. 1566; 10 U.S.C. 9016 note), as ‘‘(i) identify each entity that is con-
FINED.—In this section, the term ‘‘science- amended by section 1507(c), is further amend- ducting, or that conducted, the inquiry; and
ed— ‘‘(ii) in the case of a completed inquiry,
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based emissions target’’ means a reduction
in greenhouse gas emissions consistent with (1) by striking ‘‘Effective’’ and inserting contain the findings made during the in-
preventing an increase in global average ‘‘Not later than’’; and quiry.’’; and
temperature of greater than or equal to 1.5 (2) by striking ‘‘as of September 30, 2022’’ (C) by adding at the end the following:
degrees Celsius compared to pre-industrial and inserting ‘‘at the time of such transfer’’. ‘‘(2)(A) Subject to the other provisions of
levels. (b) MODIFICATIONS TO EFFECTIVE DATES FOR this paragraph, only the President may place
SERVICE ACQUISITION EXECUTIVE OF THE DE- an Inspector General on non-duty status.
SA 4774. Mr. INHOFE submitted an PARTMENT OF THE AIR FORCE FOR SPACE SYS- ‘‘(B) If the President places an Inspector
amendment intended to be proposed to TEMS AND PROGRAMS.— General on non-duty status, the President
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S8382 CONGRESSIONAL RECORD — SENATE November 17, 2021
shall communicate in writing the sub- gram, a reference to section 121(b)(4) of the both Houses of Congress (including to the ap-
stantive rationale, including detailed and Emergency Economic Stabilization Act of propriate congressional committees) a writ-
case-specific reasons, for the change in sta- 2008 (12 U.S.C. 5231(b)(4)); and ten communication that contains the infor-
tus to both Houses of Congress (including to ‘‘(V) in the case of the Special Inspector mation required under subparagraph (B), in-
the appropriate congressional committees) General for Pandemic Recovery, a reference cluding the report required under clause (ii)
not later than 15 days before the date on to section 4018(b)(3) of the CARES Act (15 of that subparagraph.
which the change in status takes effect, ex- U.S.C. 9053(b)(3)).’’; and ‘‘(D) Nothing in this paragraph may be
cept that the President may submit that (2) in section 8G(e)— construed to limit or otherwise modify—
communication not later than the date on (A) in paragraph (1), by inserting ‘‘or place- ‘‘(i) any statutory protection that is af-
which the change in status takes effect if— ment on non-duty status’’ after ‘‘a removal’’; forded to an Inspector General; or
‘‘(i) the President has made a determina- (B) in paragraph (2)— ‘‘(ii) any other action that a covered offi-
tion that the continued presence of the In- (i) by inserting ‘‘(A)’’ after ‘‘(2)’’; cial may take under law with respect to an
spector General in the workplace poses a (ii) in subparagraph (A), as so designated, Inspector General.’’.
threat described in any of clauses (i) through in the first sentence— (b) TECHNICAL AND CONFORMING AMEND-
(iv) of section 6329b(b)(2)(A) of title 5, United (I) by striking ‘‘reasons’’ and inserting the MENT.—Section 12(3) of the Inspector General
States Code; and following: ‘‘substantive rationale, including Act of 1978 (5 U.S.C. App.) is amended by in-
‘‘(ii) in the communication, the President detailed and case-specific reasons,’’; and serting ‘‘except as otherwise expressly pro-
includes a report on the determination de- (II) by inserting ‘‘(including to the appro- vided,’’ before ‘‘the term’’.
scribed in clause (i), which shall include— priate congressional committees)’’ after SEC. 5113. VACANCY IN POSITION OF INSPECTOR
‘‘(I) a specification of which clause of sec- ‘‘Houses of Congress’’; and GENERAL.
tion 6329b(b)(2)(A) of title 5, United States (iii) by adding at the end the following:
Code, the President has determined applies ‘‘(B) If there is an open or completed in- (a) IN GENERAL.—Section 3 of the Inspector
under clause (i) of this subparagraph; quiry into an Inspector General that relates General Act of 1978 (5 U.S.C. App.) is amend-
‘‘(II) the substantive rationale, including to the removal or transfer of the Inspector ed by adding at the end the following:
detailed and case-specific reasons, for the de- General under subparagraph (A), the written ‘‘(h)(1) In this subsection—
termination made under clause (i); communication required under that subpara- ‘‘(A) the term ‘first assistant to the posi-
‘‘(III) an identification of each entity that graph shall— tion of Inspector General’ means, with re-
is conducting, or that conducted, any in- ‘‘(i) identify each entity that is con- spect to an Office of Inspector General—
quiry upon which the determination under ducting, or that conducted, the inquiry; and ‘‘(i) an individual who, as of the day before
clause (i) was made; and ‘‘(ii) in the case of a completed inquiry, the date on which the Inspector General dies,
‘‘(IV) in the case of an inquiry described in contain the findings made during the in- resigns, or otherwise becomes unable to per-
subclause (III) that is completed, the find- quiry.’’; and form the functions and duties of that posi-
ings made during that inquiry. (C) by adding at the end the following: tion—
‘‘(C) The President may not place an In- ‘‘(3)(A) Subject to the other provisions of ‘‘(I) is serving in a position in that Office;
spector General on non-duty status during this paragraph, only the head of the applica- and
the 30-day period preceding the date on ble designated Federal entity (referred to in ‘‘(II) has been designated in writing by the
which the Inspector General is removed or this paragraph as the ‘covered official’) may Inspector General, through an order of suc-
transferred under paragraph (1)(A) unless the place an Inspector General on non-duty sta- cession or otherwise, as the first assistant to
President— tus. the position of Inspector General; or
‘‘(i) has made a determination that the ‘‘(B) If a covered official places an Inspec- ‘‘(ii) if the Inspector General has not made
continued presence of the Inspector General tor General on non-duty status, the covered a designation described in clause (i)(II)—
in the workplace poses a threat described in official shall communicate in writing the ‘‘(I) the Principal Deputy Inspector Gen-
any of clauses (i) through (iv) of section substantive rationale, including detailed and eral of that Office, as of the day before the
6329b(b)(2)(A) of title 5, United States Code; case-specific reasons, for the change in sta- date on which the Inspector General dies, re-
and tus to both Houses of Congress (including to signs, or otherwise becomes unable to per-
‘‘(ii) not later than the date on which the the appropriate congressional committees) form the functions and duties of that posi-
change in status takes effect, submits to not later than 15 days before the date on tion; or
both Houses of Congress (including to the ap- which the change in status takes effect, ex- ‘‘(II) if there is no Principal Deputy Inspec-
cept that the covered official may submit tor General of that Office, the Deputy In-
propriate congressional committees) a writ-
that communication not later than the date spector General of that Office, as of the day
ten communication that contains the infor-
on which the change in status takes effect before the date on which the Inspector Gen-
mation required under subparagraph (B), in-
if— eral dies, resigns, or otherwise becomes un-
cluding the report required under clause (ii)
‘‘(i) the covered official has made a deter- able to perform the functions and duties of
of that subparagraph.
mination that the continued presence of the that position; and
‘‘(D) For the purposes of this paragraph—
Inspector General in the workplace poses a
‘‘(i) the term ‘Inspector General’— ‘‘(B) the term ‘Inspector General’—
threat described in any of clauses (i) through
‘‘(I) means an Inspector General who was ‘‘(i) means an Inspector General who is ap-
(iv) of section 6329b(b)(2)(A) of title 5, United
appointed by the President, without regard pointed by the President, by and with the ad-
States Code; and
to whether the Senate provided advice and vice and consent of the Senate; and
‘‘(ii) in the communication, the covered of-
consent with respect to that appointment; ‘‘(ii) includes the Inspector General of an
ficial includes a report on the determination
and establishment, the Inspector General of the
described in clause (i), which shall include—
‘‘(II) includes the Inspector General of an Intelligence Community, the Inspector Gen-
‘‘(I) a specification of which clause of sec-
establishment, the Inspector General of the eral of the Central Intelligence Agency, the
tion 6329b(b)(2)(A) of title 5, United States
Intelligence Community, the Inspector Gen- Special Inspector General for the Troubled
Code, the covered official has determined ap-
eral of the Central Intelligence Agency, the plies under clause (i) of this subparagraph; Asset Relief Program, and the Special In-
Special Inspector General for Afghanistan ‘‘(II) the substantive rationale, including spector General for Pandemic Recovery.
Reconstruction, the Special Inspector Gen- detailed and case-specific reasons, for the de- ‘‘(2) If an Inspector General dies, resigns,
eral for the Troubled Asset Relief Program, termination made under clause (i); or is otherwise unable to perform the func-
and the Special Inspector General for Pan- ‘‘(III) an identification of each entity that tions and duties of the position—
demic Recovery; and is conducting, or that conducted, any in- ‘‘(A) section 3345(a) of title 5, United States
‘‘(ii) a reference to the removal or transfer quiry upon which the determination under Code, and section 103(e) of the National Secu-
of an Inspector General under paragraph (1), clause (i) was made; and rity Act of 1947 (50 U.S.C. 3025(e)) shall not
or to the written communication described ‘‘(IV) in the case of an inquiry described in apply;
in that paragraph, shall be considered to be— subclause (III) that is completed, the find- ‘‘(B) subject to paragraph (4), the first as-
‘‘(I) in the case of the Inspector General of ings made during that inquiry. sistant to the position of Inspector General
the Intelligence Community, a reference to ‘‘(C) A covered official may not place an shall perform the functions and duties of the
section 103H(c)(4) of the National Security Inspector General on non-duty status during Inspector General temporarily in an acting
Act of 1947 (50 U.S.C. 3033(c)(4)); the 30-day period preceding the date on capacity subject to the time limitations of
‘‘(II) in the case of the Inspector General of which the Inspector General is removed or section 3346 of title 5, United States Code;
the Central Intelligence Agency, a reference transferred under paragraph (2)(A) unless the and
to section 17(b)(6) of the Central Intelligence covered official— ‘‘(C) notwithstanding subparagraph (B),
SSpencer on DSK126QN23PROD with SENATE
Agency Act of 1949 (50 U.S.C. 3517(b)(6)); ‘‘(i) has made a determination that the and subject to paragraphs (4) and (5), the
‘‘(III) in the case of the Special Inspector continued presence of the Inspector General President (and only the President) may di-
General for Afghanistan Reconstruction, a in the workplace poses a threat described in rect an officer or employee of any Office of
reference to section 1229(c)(6) of the National any of clauses (i) through (iv) of section an Inspector General to perform the func-
Defense Authorization Act for Fiscal Year 6329b(b)(2)(A) of title 5, United States Code; tions and duties of the Inspector General
2008 (Public Law 110–181; 122 Stat. 378); and temporarily in an acting capacity subject to
‘‘(IV) in the case of the Special Inspector ‘‘(ii) not later than the date on which the the time limitations of section 3346 of title 5,
General for the Troubled Asset Relief Pro- change in status takes effect, submits to United States Code, only if—
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8383
‘‘(i) during the 365-day period preceding the issues that direction, if that individual is an III of chapter 33 of title 5, United States
date of death, resignation, or beginning of individual other than the first assistant to Code, is amended by inserting after the item
inability to serve of the Inspector General, the position of Inspector General.’’. relating to section 3349d the following:
the officer or employee served in a position (b) RULE OF CONSTRUCTION.—Nothing in the ‘‘3349e. Presidential explanation of failure to
in an Office of an Inspector General for not amendment made by subsection (a) may be nominate an Inspector Gen-
less than 90 days, except that— construed to limit the applicability of sec- eral.’’.
‘‘(I) the requirement under this clause tions 3345 through 3349d of title 5, United (c) EFFECTIVE DATE.—The amendment
shall not apply if the officer is an Inspector States Code (commonly known as the ‘‘Fed- made by subsection (a) shall take effect—
General; and eral Vacancies Reform Act of 1998’’), other (1) on the date of enactment of this Act
‘‘(II) for the purposes of this subparagraph, than with respect to section 3345(a) of that with respect to any vacancy first occurring
performing the functions and duties of an In- title. on or after that date; and
spector General temporarily in an acting ca- (c) EFFECTIVE DATE.—
(2) on the day that is 210 days after the
pacity does not qualify as service in a posi- (1) DEFINITION.—In this subsection, the
date of enactment of this Act with respect to
tion in an Office of an Inspector General; term ‘‘Inspector General’’ has the meaning
any vacancy that occurred before the date of
‘‘(ii) the rate of pay for the position of the given the term in subsection (h)(1)(B) of sec-
enactment of this Act.
officer or employee described in clause (i) is tion 3 of the Inspector General Act of 1978 (5
U.S.C. App.), as added by subsection (a) of TITLE LIII—INTEGRITY COMMITTEE OF
equal to or greater than the minimum rate THE COUNCIL OF INSPECTORS GEN-
of pay payable for a position at GS–15 of the this section.
(2) APPLICABILITY.— ERAL ON INTEGRITY AND EFFICIENCY
General Schedule; TRANSPARENCY
‘‘(iii) the officer or employee has dem- (A) IN GENERAL.—Except as provided in
subparagraph (B), this section, and the SEC. 5131. SHORT TITLE.
onstrated ability in accounting, auditing, fi-
amendments made by this section, shall take This title may be cited as the ‘‘Integrity
nancial analysis, law, management analysis,
effect on the date of enactment of this Act. Committee Transparency Act of 2021’’.
public administration, or investigations; and
‘‘(iv) not later than 30 days before the date (B) EXISTING VACANCIES.—If, as of the date SEC. 5132. ADDITIONAL INFORMATION TO BE IN-
of enactment of this Act, an individual is CLUDED IN REQUESTS AND RE-
on which the direction takes effect, the PORTS TO CONGRESS.
President communicates in writing to both performing the functions and duties of an In-
spector General temporarily in an acting ca- Section 11(d) of the Inspector General Act
Houses of Congress (including to the appro- of 1978 (5 U.S.C. App.) is amended—
priate congressional committees) the sub- pacity, this section, and the amendments
made by this section, shall take effect with (1) in paragraph (5)(B)(ii), by striking the
stantive rationale, including the detailed period at the end and inserting ‘‘, the length
and case-specific reasons, for such direction, respect to that Inspector General position on
the date that is 30 days after the date of en- of time the Integrity Committee has been
including the reason for the direction that evaluating the allegation of wrongdoing, and
someone other than the individual who is actment of this Act.
SEC. 5114.
OFFICE OF INSPECTOR GENERAL a description of any previous written notice
performing the functions and duties of the provided under this clause with respect to
WHISTLEBLOWER COMPLAINTS.
Inspector General temporarily in an acting the allegation of wrongdoing, including the
(a) WHISTLEBLOWER PROTECTION COORDI-
capacity (as of the date on which the Presi- description provided for why additional time
NATOR.—Section 3(d)(1)(C) of the Inspector
dent issues that direction) perform those was needed.’’; and
General Act of 1978 (5 U.S.C. App.) is amend-
functions and duties temporarily in an act- (2) in paragraph (8)(A)(ii), by inserting ‘‘or
ed—
ing capacity. corrective action’’ after ‘‘disciplinary ac-
‘‘(3) Notwithstanding section 3345(a) of (1) in clause (i), in the matter preceding
subclause (I), by inserting ‘‘, including em- tion’’.
title 5, United States Code, section 103(e) of
the National Security Act of 1947 (50 U.S.C. ployees of that Office of Inspector General’’ SEC. 5133. AVAILABILITY OF INFORMATION TO
after ‘‘employees’’; and CONGRESS ON CERTAIN ALLEGA-
3025(e)), and subparagraphs (B) and (C) of TIONS OF WRONGDOING CLOSED
paragraph (2), and subject to paragraph (4), (2) in clause (iii), by inserting ‘‘(including
WITHOUT REFERRAL.
during any period in which an Inspector Gen- the Integrity Committee of that Council)’’
after ‘‘and Efficiency’’. Section 11(d)(5)(B) of the Inspector General
eral is on non-duty status— Act of 1978 (5 U.S.C. App.) is amended by add-
‘‘(A) the first assistant to the position of (b) COUNCIL OF THE INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY.—Section ing at the end the following:
Inspector General shall perform the func- ‘‘(iii) AVAILABILITY OF INFORMATION TO CON-
tions and duties of the position temporarily 11(c)(5)(B) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by striking ‘‘, GRESS ON CERTAIN ALLEGATIONS OF WRONG-
in an acting capacity subject to the time DOING CLOSED WITHOUT REFERRAL.—
allegations of reprisal,’’ and inserting the
limitations of section 3346 of title 5, United ‘‘(I) IN GENERAL.—With respect to an alle-
following: ‘‘and allegations of reprisal (in-
States Code; and gation of wrongdoing made by a member of
cluding the timely and appropriate handling
‘‘(B) if the first assistant described in sub- Congress that is closed by the Integrity
and consideration of protected disclosures
paragraph (A) dies, resigns, or becomes oth- Committee without referral to the Chair-
and allegations of reprisal that are internal
erwise unable to perform those functions and person of the Integrity Committee to ini-
to an Office of Inspector General)’’.
duties, the President (and only the Presi- tiate an investigation, the Chairperson of
dent) may direct an officer or employee in TITLE LII—PRESIDENTIAL EXPLANATION
OF FAILURE TO NOMINATE AN INSPEC- the Integrity Committee shall, not later
that Office of Inspector General to perform than 60 days after closing the allegation of
those functions and duties temporarily in an TOR GENERAL
SEC. 5121. PRESIDENTIAL EXPLANATION OF FAIL- wrongdoing, provide a written description of
acting capacity, subject to the time limita- the nature of the allegation of wrongdoing
URE TO NOMINATE AN INSPECTOR
tions of section 3346 of title 5, United States and how the Integrity Committee evaluated
GENERAL.
Code, if— the allegation of wrongdoing to—
(a) IN GENERAL.—Subchapter III of chapter
‘‘(i) that direction satisfies the require- ‘‘(aa) the Chair and Ranking Minority
33 of title 5, United States Code, is amended
ments under clauses (ii), (iii), and (iv) of Member of the Committee on Homeland Se-
by inserting after section 3349d the fol-
paragraph (2)(C); and curity and Governmental Affairs of the Sen-
lowing:
‘‘(ii) that officer or employee served in a ate; and
position in that Office of Inspector General ‘‘§ 3349e. Presidential explanation of failure
to nominate an inspector general ‘‘(bb) the Chair and Ranking Minority
for not fewer than 90 of the 365 days pre- Member of the Committee on Oversight and
ceding the date on which the President ‘‘If the President fails to make a formal
nomination for a vacant inspector general Reform of the House of Representatives.
makes that direction. ‘‘(II) REQUIREMENT TO FORWARD.—The
‘‘(4) An individual may perform the func- position that requires a formal nomination
by the President to be filled within the pe- Chairperson of the Integrity Committee
tions and duties of an Inspector General tem-
riod beginning on the later of the date on shall forward any written description or up-
porarily and in an acting capacity under sub-
which the vacancy occurred or on which a date provided under this clause to the mem-
paragraph (B) or (C) of paragraph (2), or
under paragraph (3), with respect to only 1 nomination is rejected, withdrawn, or re- bers of the Integrity Committee and to the
Inspector General position at any given turned, and ending on the day that is 210 Chairperson of the Council.’’.
time. days after that date, the President shall SEC. 5134. SEMIANNUAL REPORT.
‘‘(5) If the President makes a direction communicate, within 30 days after the end of Section 11(d)(9) of the Inspector General
under paragraph (2)(C), during the 30-day pe- such period and not later than June 1 of each Act of 1978 (5 U.S.C. App.) is amended to read
riod preceding the date on which the direc- year thereafter, to the appropriate congres- as follows:
tion of the President takes effect, the func- ‘‘(9) SEMIANNUAL REPORT.—On or before
SSpencer on DSK126QN23PROD with SENATE
sional committees, as defined in section 12 of
tions and duties of the position of the appli- the Inspector General Act of 1978 (5 U.S.C. May 31, 2022, and every 6 months thereafter,
cable Inspector General shall be performed App.)— the Council shall submit to Congress and the
by— ‘‘(1) the reasons why the President has not President a report on the activities of the In-
‘‘(A) the first assistant to the position of yet made a formal nomination; and tegrity Committee during the immediately
Inspector General; or ‘‘(2) a target date for making a formal preceding 6-month periods ending March 31
‘‘(B) the individual performing those func- nomination.’’. and September 30, which shall include the
tions and duties temporarily in an acting ca- (b) TECHNICAL AND CONFORMING AMEND- following with respect to allegations of
pacity, as of the date on which the President MENT.—The table of sections for subchapter wrongdoing that are made against Inspectors
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S8384 CONGRESSIONAL RECORD — SENATE November 17, 2021
General and staff members of the various Of- serious or flagrant problems, abuses, or defi- TITLE LV—COUNCIL OF THE INSPECTORS
fices of Inspector General described in para- ciencies were alleged. GENERAL ON INTEGRITY AND EFFI-
graph (4)(C): ‘‘(2) REPORT TO PRESIDENT, CONGRESS, AND CIENCY REPORT ON EXPENDITURES
‘‘(A) An overview and analysis of the alle- THE ESTABLISHMENT.—Not later than 7 days SEC. 5151. CIGIE REPORT ON EXPENDITURES.
gations of wrongdoing disposed of by the In- after the date on which an Inspector General Section 11(c)(3) of the Inspector General
tegrity Committee, including— receives a report submitted under paragraph Act of 1978 (5 U.S.C. App.) is amended by add-
‘‘(i) analysis of the positions held by indi- (1), the Inspector General shall submit to the ing at the end the following:
viduals against whom allegations were made, President, the appropriate congressional ‘‘(D) REPORT ON EXPENDITURES.—Not later
including the duties affiliated with such po- committees, and the head of the establish- than November 30 of each year, the Chair-
sitions; ment— person shall submit to the appropriate com-
‘‘(ii) analysis of the categories or types of ‘‘(A) the report received under paragraph mittees or subcommittees of Congress, in-
the allegations of wrongdoing; and (1); and cluding the Committee on Appropriations of
‘‘(iii) a summary of disposition of all the ‘‘(B) a report by the Inspector General con- the Senate and the Committee on Appropria-
allegations. taining any comments the Inspector General tions of the House of Representatives, a re-
‘‘(B) The number of allegations received by determines appropriate.’’. port on the expenditures of the Council for
the Integrity Committee. the preceding fiscal year, including from di-
SEC. 5136. REQUIREMENT TO REPORT FINAL DIS-
‘‘(C) The number of allegations referred to POSITION TO CONGRESS. rect appropriations to the Council, inter-
the Department of Justice or the Office of agency funding pursuant to subparagraph
Special Counsel, including the number of al- Section 11(d)(8)(B) of the Inspector General (A), a revolving fund pursuant to subpara-
legations referred for criminal investigation. Act of 1978 (5 U.S.C. App.) is amended by in- graph (B), or any other source.’’.
‘‘(D) The number of allegations referred to serting ‘‘and the appropriate congressional
the Chairperson of the Integrity Committee TITLE LVI—NOTICE OF REFUSAL TO
committees’’ after ‘‘Integrity Committee’’.
for investigation, a general description of PROVIDE INSPECTORS GENERAL ACCESS
the status of such investigations, and a sum- SEC. 5137. INVESTIGATIONS OF OFFICES OF IN- SEC. 5161. NOTICE OF REFUSAL TO PROVIDE IN-
SPECTORS GENERAL OF ESTABLISH- FORMATION OR ASSISTANCE TO IN-
mary of the findings of investigations com- MENTS BY THE INTEGRITY COM- SPECTORS GENERAL.
pleted. MITTEE.
‘‘(E) An overview and analysis of allega- Section 6(c) of the Inspector General Act of
tions of wrongdoing received by the Integ- Section 11(d)(7)(B)(i)(V) of the Inspector 1978 (5 U.S.C. App.) is amended by adding at
rity Committee during any previous report- General Act of 1978 (5 U.S.C. App.) is amend- the end the following:
ing period, but remained pending during ed by inserting ‘‘, and that an investigation ‘‘(3) If the information or assistance that is
some part of the six months covered by the of an Office of Inspector General of an estab- the subject of a report under paragraph (2) is
report, including— lishment is conducted by another Office of not provided to the Inspector General by the
‘‘(i) analysis of the positions held by indi- Inspector General of an establishment’’ after date that is 30 days after the report is made,
viduals against whom allegations were made, the Inspector General shall submit a notice
‘‘size’’.
including the duties affiliated with such po- that the information or assistance requested
sitions; TITLE LIV—NOTICE OF ONGOING INVES- has not been provided by the head of the es-
‘‘(ii) analysis of the categories or types of TIGATIONS WHEN THERE IS A CHANGE tablishment involved or the head of the Fed-
the allegations of wrongdoing; and IN STATUS OF INSPECTOR GENERAL eral agency involved, as applicable, to the
‘‘(iii) a summary of disposition of all the appropriate congressional committees.’’.
SEC. 5141. NOTICE OF ONGOING INVESTIGATIONS
allegations. WHEN THERE IS A CHANGE IN STA-
TITLE LVII—TRAINING RESOURCES FOR
‘‘(F) The number and category or type of TUS OF INSPECTOR GENERAL. INSPECTORS GENERAL AND OTHER
pending investigations. MATTERS
‘‘(G) For each allegation received— Section 5 of the Inspector General Act of SEC. 5171. TRAINING RESOURCES FOR INSPEC-
‘‘(i) the date on which the investigation 1978 (5 U.S.C. App.) is amended by inserting TORS GENERAL.
was opened; after subsection (e), as added by section 5135 Section 11(c)(1) of the Inspector General
‘‘(ii) the date on which the allegation was of this division, the following: Act of 1978 (5 U.S.C. App.) is amended—
disposed of, as applicable; and ‘‘(f) Not later than 15 days after an Inspec- (1) by redesignating subparagraphs (E)
‘‘(iii) the case number associated with the tor General is removed, placed on paid or un- through (I) as subparagraphs (F) through (J),
allegation. respectively; and
paid non-duty status, or transferred to an-
‘‘(H) The nature and number of allegations (2) by inserting after subparagraph (D) the
other position or location within an estab-
to the Integrity Committee closed without following:
referral, including the justification for why lishment, the officer or employee performing
‘‘(E) support the professional development
each allegation was closed without referral. the functions and duties of the Inspector
of Inspectors General, including by providing
‘‘(I) A brief description of any difficulty General temporarily in an acting capacity
training opportunities on the duties, respon-
encountered by the Integrity Committee shall submit to the Committee on Homeland sibilities, and authorities under this Act and
when receiving, evaluating, investigating, or Security and Governmental Affairs of the on topics relevant to Inspectors General and
referring for investigation an allegation re- Senate and the Committee on Oversight and the work of Inspectors General, as identified
ceived by the Integrity Committee, includ- Reform of the House of Representatives in- by Inspectors General and the Council.’’.
ing a brief description of— formation regarding work being conducted SEC. 5172. DEFINITION OF APPROPRIATE CON-
‘‘(i) any attempt to prevent or hinder an by the Office as of the date on which the In- GRESSIONAL COMMITTEES.
investigation; or spector General was removed, placed on paid The Inspector General Act of 1978 (5 U.S.C.
‘‘(ii) concerns about the integrity or oper- or unpaid non-duty status, or transferred, App.) is amended—
ations at an Office of Inspector General. which shall include— (1) in section 5—
‘‘(J) Other matters that the Council con- ‘‘(1) for each investigation— (A) in subsection (b), in the matter pre-
siders appropriate.’’. ‘‘(A) the type of alleged offense; ceding paragraph (1), by striking ‘‘commit-
SEC. 5135. ADDITIONAL REPORTS. ‘‘(B) the fiscal quarter in which the Office tees or subcommittees of the Congress’’ and
Section 5 of the Inspector General Act of initiated the investigation; inserting ‘‘congressional committees’’; and
1978 (5 U.S.C. App.) is amended— ‘‘(C) the relevant Federal agency, includ- (B) in subsection (d), by striking ‘‘commit-
(1) by redesignating subsections (e) and (f) ing the relevant component of that Federal tees or subcommittees of Congress’’ and in-
as subsections (g) and (h), respectively; and agency for any Federal agency listed in sec- serting ‘‘congressional committees’’;
(2) by inserting after subsection (d) the fol- tion 901(b) of title 31, United States Code, (2) in section 6(h)(4)—
lowing: under investigation or affiliated with the in- (A) in subparagraph (B), by striking ‘‘Gov-
‘‘(e) ADDITIONAL REPORTS.— dividual or entity under investigation; and ernment’’; and
‘‘(1) REPORT TO INSPECTOR GENERAL.—The ‘‘(D) whether the investigation is adminis- (B) by amending subparagraph (C) to read
Chairperson of the Integrity Committee of trative, civil, criminal, or a combination as follows:
the Council of the Inspectors General on In- thereof, if known; and ‘‘(C) Any other relevant congressional
tegrity and Efficiency shall, immediately ‘‘(2) for any work not described in para- committee or subcommittee of jurisdic-
whenever the Chairperson of the Integrity graph (1)— tion.’’;
Committee becomes aware of particularly se- ‘‘(A) a description of the subject matter (3) in section 8—
SSpencer on DSK126QN23PROD with SENATE
rious or flagrant problems, abuses, or defi- and scope; (A) in subsection (b)—
ciencies relating to the administration of ‘‘(B) the relevant agency, including the rel- (i) in paragraph (3), by striking ‘‘the Com-
programs and operations of an Office of In- evant component of that Federal agency, mittees on Armed Services and Govern-
spector General for which the Integrity Com- under review; mental Affairs of the Senate and the Com-
mittee may receive, review, and refer for in- ‘‘(C) the date on which the Office initiated mittee on Armed Services and the Com-
vestigation allegations of wrongdoing under the work; and mittee on Government Reform and Oversight
section 11(d), submit a report to the Inspec- ‘‘(D) the expected time frame for comple- of the House of Representatives and to other
tor General who leads the Office at which the tion.’’. appropriate committees or subcommittees of
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8385
the Congress’’ and inserting ‘‘the appropriate and inserting ‘‘the appropriate congressional (ii) by redesignating paragraphs (13)
congressional committees, including the committees’’; and through (22) as paragraphs (7) through (16),
Committee on Armed Services of the Senate (ii) by striking subparagraph (C); respectively;
and the Committee on Armed Services of the (7) in section 8I— (iii) by amending paragraph (13), as so re-
House of Representatives’’; and (A) in subsection (a)(3), in the matter pre- designated, to read as follows:
(ii) in paragraph (4), by striking ‘‘and to ceding subparagraph (A), by striking ‘‘com- ‘‘(13) a report on each investigation con-
other appropriate committees or subcommit- mittees and subcommittees of Congress’’ and ducted by the Office where allegations of
tees’’; and inserting ‘‘congressional committees’’; and misconduct were substantiated, including
(B) in subsection (f)— (B) in subsection (d), by striking ‘‘commit- the name of the senior Government em-
(i) in paragraph (1), by striking ‘‘the Com- tees and subcommittees of Congress’’ each ployee, if already made public by the Office,
mittees on Armed Services and on Homeland place it appears and inserting ‘‘congressional and a detailed description of—
Security and Governmental Affairs of the committees’’; ‘‘(A) the facts and circumstances of the in-
Senate and the Committees on Armed Serv- (8) in section 8N(b), by striking ‘‘commit- vestigation; and
ices and on Oversight and Government Re- tees of Congress’’ and inserting ‘‘congres- ‘‘(B) the status and disposition of the mat-
form of the House of Representatives and to sional committees’’; ter, including—
other appropriate committees or subcommit- (9) in section 11— ‘‘(i) if the matter was referred to the De-
tees of Congress’’ and inserting ‘‘the appro- (A) in subsection (b)(3)(B)(viii)— partment of Justice, the date of the referral;
priate congressional committees, including (i) by striking subclauses (III) and (IV); and
the Committee on Armed Services of the (ii) in subclause (I), by adding ‘‘and’’ at the ‘‘(ii) if the Department of Justice declined
Senate and the Committee on Armed Serv- end; and the referral, the date of the declination;’’;
ices of the House of Representatives’’; and (iii) by amending subclause (II) to read as and
(ii) in paragraph (2), by striking ‘‘commit- follows: (iv) in paragraph (15), as so redesignated,
tees or subcommittees of the Congress’’ and ‘‘(II) the appropriate congressional com- by striking subparagraphs (A) and (B) and in-
inserting ‘‘congressional committees’’; mittees.’’; and serting the following:
(4) in section 8D— (B) in subsection (d)(8)(A)(iii), by striking ‘‘(A) any attempt by the establishment to
(A) in subsection (a)(3), by striking ‘‘Com- ‘‘to the’’ and all that follows through ‘‘juris- interfere with the independence of the Office,
mittees on Governmental Affairs and Fi- diction’’ and inserting ‘‘to the appropriate including—
nance of the Senate and the Committees on congressional committees’’; and ‘‘(i) with budget constraints designed to
Government Operations and Ways and Means (10) in section 12— limit the capabilities of the Office; and
of the House of Representatives, and to other (A) in paragraph (4), by striking ‘‘and’’ at ‘‘(ii) incidents where the establishment has
appropriate committees or subcommittees of the end; resisted or objected to oversight activities of
the Congress’’ and inserting ‘‘appropriate (B) in paragraph (5), by striking the period the Office or restricted or significantly de-
congressional committees, including the at the end and inserting ‘‘; and’’; and layed access to information, including the
Committee on Finance of the Senate and the (C) by adding at the end the following: justification of the establishment for such
Committee on Ways and Means of the House ‘‘(6) the term ‘appropriate congressional action; and
of Representatives’’; and ‘‘(B) a summary of each report made to the
committees’ means—
(B) in subsection (g)— head of the establishment under section
‘‘(A) the Committee on Homeland Security
(i) in paragraph (1)— 6(c)(2) during the reporting period;’’; and
and Governmental Affairs of the Senate;
(I) by striking ‘‘committees or subcommit- (B) in subsection (b)—
‘‘(B) the Committee on Oversight and Re-
tees of the Congress’’ and inserting ‘‘congres- (i) by striking paragraphs (2) and (3) and
form of the House of Representatives; and
sional committees’’; and inserting the following:
‘‘(C) any other relevant congressional com-
(II) by striking ‘‘Committees on Govern- ‘‘(2) where final action on audit, inspec-
mittee or subcommittee of jurisdiction.’’.
mental Affairs and Finance of the Senate tion, and evaluation reports had not been
and the Committees on Government Reform SEC. 5173. SEMIANNUAL REPORTS. taken before the commencement of the re-
and Oversight and Ways and Means of the The Inspector General Act of 1978 (5 U.S.C. porting period, statistical tables showing—
House of Representatives’’ and inserting App.) is amended— ‘‘(A) with respect to management deci-
‘‘Committee on Finance of the Senate and (1) in section 4(a)(2)— sions—
the Committee on Ways and Means of the (A) by inserting ‘‘, including’’ after ‘‘to ‘‘(i) for each report, whether a manage-
House of Representatives’’; and make recommendations’’; and ment decision was made during the reporting
(ii) in paragraph (2), by striking ‘‘commit- (B) by inserting a comma after ‘‘section period;
tees or subcommittees of Congress’’ and in- 5(a)’’; ‘‘(ii) if a management decision was made
serting ‘‘congressional committees’’; (2) in section 5— during the reporting period, the dollar value
(5) in section 8E— (A) in subsection (a)— of disallowed costs and funds to be put to
(A) in subsection (a)(3), by striking ‘‘Com- (i) by striking paragraphs (1) through (12) better use as agreed to in the management
mittees on Governmental Affairs and Judici- and inserting the following: decision; and
ary of the Senate and the Committees on ‘‘(1) a description of significant problems, ‘‘(iii) total number of reports where a man-
Government Operations and Judiciary of the abuses, and deficiencies relating to the ad- agement decision was made during the re-
House of Representatives, and to other ap- ministration of programs and operations of porting period and the total corresponding
propriate committees or subcommittees of the establishment and associated reports and dollar value of disallowed costs and funds to
the Congress’’ and inserting ‘‘appropriate recommendations for corrective action made be put to better use as agreed to in the man-
congressional committees, including the by the Office; agement decision; and
Committee on the Judiciary of the Senate ‘‘(2) an identification of each recommenda- ‘‘(B) with respect to final actions—
and the Committee on the Judiciary of the tion made before the reporting period, for ‘‘(i) whether, if a management decision was
House of Representatives’’; and which corrective action has not been com- made before the end of the reporting period,
(B) in subsection (c)— pleted, including the potential costs savings final action was taken during the reporting
(i) by striking ‘‘committees or subcommit- associated with the recommendation; period;
tees of the Congress’’ and inserting ‘‘congres- ‘‘(3) a summary of significant investiga- ‘‘(ii) if final action was taken, the dollar
sional committees’’; and tions closed during the reporting period; value of—
(ii) by striking ‘‘Committees on the Judici- ‘‘(4) an identification of the total number ‘‘(I) disallowed costs that were recovered
ary and Governmental Affairs of the Senate of convictions during the reporting period re- by management through collection, offset,
and the Committees on the Judiciary and sulting from investigations; property in lieu of cash, or otherwise;
Government Operations of the House of Rep- ‘‘(5) information regarding each audit, in- ‘‘(II) disallowed costs that were written off
resentatives’’ and inserting ‘‘Committee on spection, or evaluation report issued during by management;
the Judiciary of the Senate and the Com- the reporting period, including— ‘‘(III) disallowed costs and funds to be put
mittee on the Judiciary of the House of Rep- ‘‘(A) a listing of each audit, inspection, or to better use not yet recovered or written off
resentatives’’; evaluation; by management;
(6) in section 8G— ‘‘(B) if applicable, the total dollar value of ‘‘(IV) recommendations that were com-
(A) in subsection (d)(2)(E), in the matter questioned costs (including a separate cat- pleted; and
preceding clause (i), by inserting ‘‘the appro- egory for the dollar value of unsupported ‘‘(V) recommendations that management
priate congressional committees, including’’ costs) and the dollar value of recommenda- has subsequently concluded should not or
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after ‘‘are’’; and tions that funds be put to better use, includ- could not be implemented or completed; and
(B) in subsection (f)(3)— ing whether a management decision had been ‘‘(iii) total number of reports where final
(i) in subparagraph (A)(iii), by striking made by the end of the reporting period; action was not taken and total number of re-
‘‘Committee on Governmental Affairs of the ‘‘(6) information regarding any manage- ports where final action was taken, including
Senate and the Committee on Government ment decision made during the reporting pe- the total corresponding dollar value of dis-
Reform and Oversight of the House of Rep- riod with respect to any audit, inspection, or allowed costs and funds to be put to better
resentatives, and to other appropriate com- evaluation issued during a previous report- use as agreed to in the management deci-
mittees or subcommittees of the Congress’’ ing period;’’; sions;’’;
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S8386 CONGRESSIONAL RECORD — SENATE November 17, 2021
(ii) by redesignating paragraph (4) as para- formation or assistance sought by an Inspec- (C) by adding at the end the following:
graph (3); tor General during the creation of the audit, ‘‘(F) applications that incorporate distance
(iii) in paragraph (3), as so redesignated, by evaluation, inspection, or non-investigative learning tools and approaches.’’;
striking ‘‘subsection (a)(20)(A)’’ and insert- report. (2) in subsection (e)(3)—
ing ‘‘subsection (a)(14)(A)’’; and ‘‘(C) An Inspector General shall review any (A) in subparagraph (C), by striking ‘‘and’’
(iv) by striking paragraph (5) and inserting written response received under subpara- after the semicolon;
the following: graph (A) for the purpose of preventing the (B) in subparagraph (D), by striking the pe-
‘‘(4) a statement explaining why final ac- improper disclosure of classified information riod at the end and inserting ‘‘; and’’; and
tion has not been taken with respect to each or other non-public information, consistent (C) by adding at the end the following:
audit, inspection, and evaluation report in with applicable laws, rules, and regulations, ‘‘(E) applications that incorporate distance
which a management decision has been made and, if necessary, redact such information.’’. learning tools and approaches.’’; and
but final action has not yet been taken, ex- (b) RETROACTIVE APPLICABILITY.—During (3) in subsection (j)(1), by inserting ‘‘agri-
the 30-day period beginning on the date of cultural,’’ after ‘‘commercial,’’.
cept that such statement—
enactment of this Act— (e) GAO REVIEW.—Not later than 18 months
‘‘(A) may exclude reports if—
(1) the amendment made by subsection (a) after the date of enactment of this section,
‘‘(i) a management decision was made
shall apply upon the request of a non-govern- the Comptroller General of the United States
within the preceding year; or
mental organization or business entity shall provide—
‘‘(ii) the report is under formal administra-
named in an audit, evaluation, inspection, or (1) a technology assessment of precision
tive or judicial appeal or management of the
other non-investigative report prepared on agriculture technologies, such as the exist-
establishment has agreed to pursue a legisla-
or after January 1, 2019; and ing use of—
tive solution; and
(2) any written response submitted under (A) sensors, scanners, radio-frequency iden-
‘‘(B) shall identify the number of reports in
clause (iii) of section 5(g)(6)(A) of the Inspec- tification, and related technologies that can
each category so excluded.’’;
tor General Act of 1978 (5 U.S.C. App.), as monitor soil properties, irrigation condi-
(C) by redesignating subsection (h), as so
added by subsection (a), with respect to such tions, and plant physiology;
redesignated by section 5135 of this division,
an audit, evaluation, inspection, or other (B) sensors, scanners, radio-frequency iden-
as subsection (i); and
non-investigative report shall attach to the tification, and related technologies that can
(D) by inserting after subsection (g), as so
original report in the manner described in monitor livestock activity and health;
redesignated by section 5135 of this division,
that clause. (C) network connectivity and wireless
the following:
‘‘(h) If an Office has published any portion communications that can securely support
SA 4777. Mrs. FISCHER (for herself digital agriculture technologies in rural and
of the report or information required under
subsection (a) to the website of the Office or and Ms. KLOBUCHAR) submitted an remote areas;
on oversight.gov, the Office may elect to pro- amendment intended to be proposed to (D) aerial imagery generated by satellites
vide links to the relevant webpage or website amendment SA 3867 submitted by Mr. or unmanned aerial vehicles;
in the report of the Office under subsection REED and intended to be proposed to (E) ground-based robotics;
(a) in lieu of including the information in the bill H.R. 4350, to authorize appro- (F) control systems design and
that report.’’. connectivity, such as smart irrigation con-
priations for fiscal year 2022 for mili- trol systems; and
SEC. 5174. SUBMISSION OF REPORTS THAT SPE- tary activities of the Department of
CIFICALLY IDENTIFY NON-GOVERN- (G) data management software and ad-
MENTAL ORGANIZATIONS OR BUSI-
Defense, for military construction, and vanced analytics that can assist decision
NESS ENTITIES. for defense activities of the Depart- making and improve agricultural outcomes;
(a) IN GENERAL.—Section 5(g) of the Inspec- ment of Energy, to prescribe military and
tor General Act of 1978 (5 U.S.C. App.), as so personnel strengths for such fiscal (2) a review of Federal programs that pro-
redesignated by section 5135 of this division, year, and for other purposes; which was vide support for precision agriculture re-
is amended by adding at the end the fol- ordered to lie on the table; as follows: search, development, adoption, education, or
lowing: training, in existence on the date of enact-
At the appropriate place in title X, insert
‘‘(6)(A) Except as provided in subparagraph ment of this section.
the following:
(B), if an audit, evaluation, inspection, or
SEC. llll. ADVANCING IOT FOR PRECISION SA 4778. Mr. BOOKER (for himself,
other non-investigative report prepared by AGRICULTURE.
an Inspector General specifically identifies a
(a) SHORT TITLE.—This section may be
Mr. CORNYN, Mr. COONS, Mr. PORTMAN,
specific non-governmental organization or Mr. GRAHAM, and Mr. CARPER) sub-
cited as the ‘‘Advancing IoT for Precision
business entity, whether or not the non-gov- Agriculture Act of 2021’’. mitted an amendment intended to be
ernmental organization or business entity is (b) PURPOSE.—It is the purpose of this sec- proposed to amendment SA 3867 sub-
the subject of that audit, evaluation, inspec- tion to promote scientific research and de- mitted by Mr. REED and intended to be
tion, or non-investigative report— velopment opportunities for connected tech- proposed to the bill H.R. 4350, to au-
‘‘(i) the Inspector General shall notify the nologies that advance precision agriculture
non-governmental organization or business thorize appropriations for fiscal year
capabilities. 2022 for military activities of the De-
entity; (c) NATIONAL SCIENCE FOUNDATION DIREC-
‘‘(ii) the non-governmental organization or TIVE ON AGRICULTURAL SENSOR RESEARCH.—
partment of Defense, for military con-
business entity shall have— In awarding grants under its applicable sen- struction, and for defense activities of
‘‘(I) 30 days to review the audit, evalua- sor systems and networked systems pro- the Department of Energy, to prescribe
tion, inspection, or non-investigative report grams, and in coordination with the Depart- military personnel strengths for such
beginning on the date of publication of the ment of Agriculture, the Director of the Na- fiscal year, and for other purposes;
audit, evaluation, inspection, or non-inves- tional Science Foundation shall include in which was ordered to lie on the table;
tigative report; and consideration of portfolio balance research as follows:
‘‘(II) the opportunity to submit a written and development on sensor connectivity in
At the end of title X, add the following:
response for the purpose of clarifying or pro- environments of intermittent connectivity
viding additional context as it directly re- and intermittent computation— Subtitle H—Preventing Future Pandemics
lates to each instance wherein an audit, (1) to improve the reliable use of advance SEC. 1071. SHORT TITLE.
evaluation, inspection, or non-investigative sensing systems in rural and agricultural This subtitle may be cited as the ‘‘Pre-
report specifically identifies that non-gov- areas; and venting Future Pandemics Act of 2021’’.
ernmental organization or business entity; (2) that considers— SEC. 1072. DEFINITIONS.
and (A) direct gateway access for locally stored In this subtitle:
‘‘(iii) if a written response is submitted data; (1) WILDLIFE MARKET.—The term ‘‘wildlife
under clause (ii)(II) within the 30-day period (B) attenuation of signal transmission; market’’—
described in clause (ii)(I)— (C) loss of signal transmission; and (A) means a commercial market or sub-
‘‘(I) the written response shall be attached (D) at-scale performance for wireless section of a commercial market—
to the audit, evaluation, inspection, or non- power. (i) where live mammalian or avian wildlife
investigative report; and (d) UPDATING CONSIDERATIONS FOR PRECI- is held, slaughtered, or sold for human con-
‘‘(II) in every instance where the report SION AGRICULTURE TECHNOLOGY WITHIN THE sumption as food or medicine whether the
may appear on the public-facing website of NSF ADVANCED TECHNICAL EDUCATION PRO- animals originated in the wild or in a captive
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the Inspector General, the website shall be GRAM.—Section 3 of the Scientific and Ad- environment; and
updated in order to access a version of the vanced-Technology Act of 1992 (42 U.S.C. (ii) that delivers a product in communities
audit, evaluation, inspection, or non-inves- 1862i) is amended— where alternative nutritional or protein
tigative report that includes the written re- (1) in subsection (d)(2)— sources are readily available and affordable;
sponse. (A) in subparagraph (D), by striking ‘‘and’’ and
‘‘(B) Subparagraph (A) shall not apply with after the semicolon; (B) does not include—
respect to a non-governmental organization (B) in subparagraph (E), by striking the pe- (i) markets in areas where no other prac-
or business entity that refused to provide in- riod at the end and inserting ‘‘; and’’; and tical alternative sources of protein or meat
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8387
exists, such as wildlife markets in rural nities that currently rely upon the human nous peoples and local communities, particu-
areas on which indigenous people and rural use of wildlife as food or medicine for sub- larly in countries with tropical forest
local communities rely to feed themselves sistence, while ensuring that existing nat- hotspots for emerging diseases; and
and their families; and ural habitats are not fragmented, degraded, (D) strengthen public health capacity, par-
(ii) dead wild game and fish processors. or destroyed and that human pressure on ticularly in countries where there is a high
(2) COMMERCIAL TRADE IN LIVE WILDLIFE.— natural habitats is not increased by this risk of emerging zoonotic viruses and other
The term ‘‘commercial trade in live wild- process. infectious diseases;
life’’— (b) REPORT.—Not later than 1 year after (3) respect the rights and needs of indige-
(A) means commercial trade in live wildlife the date of the agreement under subsection nous peoples and local communities depend-
for human consumption as food or medicine; (a), the Secretaries described in such sub- ent on such wildlife for nutritional needs and
and section shall submit a report on the findings food security; and
(B) does not include— of the study described in such subsection (4) facilitate international cooperation by
(i) fish; to— working with international partners through
(ii) invertebrates; (1) the appropriate congressional commit- intergovernmental, international, and non-
(iii) amphibians and reptiles; and tees; governmental organizations such as the
(iv) the meat of ruminant game species— (2) the Committee on Health, Education, United Nations to—
(I) traded in markets in countries with ef- Labor, and Pensions and the Committee on (A) lead a resolution at the United Nations
fective implementation and enforcement of Agriculture, Nutrition, and Forestry of the Security Council or General Assembly and
scientifically based, nationally implemented Senate; and World Health Assembly outlining the danger
policies and legislation for processing, trans- (3) the Committee on Energy and Com- to human and animal health from emerging
port, trade, and marketing; and merce and the Committee on Agriculture of zoonotic infectious diseases, with rec-
(II) sold after being slaughtered and proc- the House of Representatives. ommendations for implementing the closure
essed under sanitary conditions. (c) AUTHORIZATION OF APPROPRIATIONS..— of wildlife markets and prevention of the
(3) ONE HEALTH.—The term ‘‘One Health’’ There is authorized to be appropriated such commercial trade in live wildlife for human
means a collaborative, multi-sectoral, and sums as are necessary for the development of consumption, except where the consumption
transdisciplinary approach working at the the study described in this section. of wildlife is necessary for local food secu-
local, regional, national, and global levels SEC. 1074. DETERMINATION OF RISK. rity or where such actions would signifi-
with the goal of achieving optimal health Not later than 90 days after the completion cantly disrupt a readily available and irre-
outcomes that recognizes the interconnec- of the study in section 1073, the Director of placeable food supply;
tion between— the Centers for Disease Control and Preven- (B) raise awareness and build stakeholder
(A) people, animals, both wild and domes- tion, in coordination with the heads of other engagement networks, including civil soci-
tic, and plants; and relevant departments and agencies, includ- ety, the private sector, and local and re-
(B) the environment shared by such people, ing the Department of Agriculture, the De- gional governments on the dangerous poten-
animals, and plants. partment of the Interior, and the United tial of wildlife markets as a source of
(4) APPROPRIATE CONGRESSIONAL COMMIT- States Agency for International Develop- zoonotic diseases and reduce demand for the
TEES.—The term ‘‘appropriate congressional ment, and after consideration of such study consumption of wildlife through evidence-
committees’’ means— after public notice and comment, shall pub- based behavior change programs, while en-
(A) the Committee on Foreign Relations of licly release a list of taxa that the Director, suring that existing wildlife habitat is not
the Senate; taking into account other risk factors exam- encroached upon or destroyed as part of this
(B) the Committee on Appropriations of ined in the study, determines present a high process;
the Senate; risk of contributing to the spillover of (C) encourage and support alternative
(C) the Committee on Foreign Affairs of zoonotic pathogens capable of causing forms of sustainable food production, farm-
the House of Representatives; and pandemics. The list shall be reviewed annu- ing, and shifts to sustainable sources of pro-
(D) the Committee on Appropriations of ally and updated as necessary by the Direc- tein and nutrition instead of terrestrial wild-
the House of Representatives. tor, following additional public notice and life, where able and appropriate, and reduce
SEC. 1073. STUDY ON RISK OF WILDLIFE MAR- comment. consumer demand for terrestrial and fresh-
KETS ON THE EMERGENCE OF SEC. 1075. SENSE OF CONGRESS. water wildlife through enhanced local and
NOVEL VIRAL PATHOGENS. national food systems, especially in areas
It is the sense of Congress that global in-
(a) STUDY.—Not later than 30 days after where wildlife markets play a significant
stitutions, including the Food and Agri-
the date of the enactment of this Act, the role in meeting subsistence needs while en-
Secretary of State, in consultation with the culture Organization of the United Nations
(FAO), the World Organisation for Animal suring that existing wildlife habitat is not
Administrator of the United States Agency encroached upon or destroyed as part of this
for International Development, the Sec- Health (OIE), the World Health Organization
(WHO), and the United Nations Environment process; and
retary of Health and Human Services, the (D) strive to increase biosecurity and hygi-
Secretary of the Interior, and the Secretary Programme (UNEP), together with leading
intergovernmental and nongovernmental or- enic standards implemented in farms, gath-
of Agriculture shall enter into an agreement ering centers, transport, and market systems
with the National Academies of Sciences, ganizations, veterinary and medical colleges,
the Department of State, and the United around the globe, especially those special-
Engineering, and Medicine to evaluate the izing in the provision of products intended
risk wildlife markets pose to human health States Agency for International Develop-
ment (USAID), should promote the paradigm for human consumption.
through the emergence or reemergence of
of One Health as an effective and integrated SEC. 1077. PREVENTION OF FUTURE ZOONOTIC
pathogens and activities to reduce the risk SPILLOVER EVENTS.
of zoonotic spillover. The study shall evalu- way to address the complexity of emerging
(a) IN GENERAL.—The Secretary of State
ate— disease threats, and should support improved
and the Administrator of the United States
(1) the impact of physical proximity to and community health, biodiversity conserva-
Agency for International Development, in
the role of human use of terrestrial wildlife tion, forest conservation and management,
consultation with the Director of the United
for food or medicine on the emergence or re- sustainable agriculture, and safety of live-
States Fish and Wildlife Service, the Sec-
emergence of pathogens, including novel stock, domestic animals, and wildlife in de- retary of Agriculture, the Director of the
pathogens; veloping countries, particularly in tropical Centers for Disease Control and Prevention,
(2) the conditions at live wildlife markets landscapes where there is an elevated risk of and the heads of other relevant departments
and within the associated supply chain that zoonotic disease spill over. and agencies, shall work with foreign gov-
elevate risk factors leading to such emer- SEC. 1076. STATEMENT OF POLICY. ernments, multilateral entities, intergovern-
gence, reemergence, or transmission of It is the policy of the United States to— mental organizations, international part-
pathogens, including sanitary conditions and (1) support the availability of scalable and ners, private sector partners, and nongovern-
the physical proximity of animals; sustainable alternative sources of protein mental organizations to carry out activities
(3) animal taxa that present a high risk of and nutrition for local communities, where supporting the following objectives, recog-
contributing to zoonotic spillover and the as- appropriate, in order to minimize human re- nizing that multiple interventions will like-
sociated risk factors that increase the emer- liance on the commercial trade in live wild- ly be necessary to make an impact, and that
gence, reemergence, or transmission of life for human consumption; interventions will need to be tailored to the
pathogens; (2) support foreign governments to— situation to—
(4) emerging pathogen risk reduction (A) reduce commercial trade in live wild- (1) immediately close wildlife markets
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measures and control options across wildlife life for human consumption; which contain taxa listed pursuant to sec-
markets and the associated supply chain; (B) transition from the commercial trade tion 1074 and uncontrolled, unsanitary, or il-
and in live wildlife for human consumption to licit wildlife markets and prevent associated
(5) the methods by which the United States sustainably produced alternate protein and commercial trade in live wildlife, placing a
might work with international partners to nutritional sources; priority focus on countries with significant
effectively promote diversified, culturally (C) establish and effectively manage and markets for live wildlife for human con-
appropriate alternative sources of nutritious protect natural habitat, including protected sumption, high-volume commercial trade
food, protein, and related income in commu- and conserved areas and the lands of Indige- and associated markets, trade in and across
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S8388 CONGRESSIONAL RECORD — SENATE November 17, 2021
urban centers, and trade for luxury consump- (9) ensure that the rights of Indigenous live wildlife to supply the commercial trade
tion or where there is no dietary necessity— Peoples and local communities are respected in live wildlife for human consumption.
(A) through existing treaties, conventions, and their authority to exercise these rights (c) UNITED STATES AGENCY FOR INTER-
and agreements; is protected;
NATIONAL DEVELOPMENT.—
(B) by amending existing protocols or (10) strengthen global capacity for preven-
agreements; tion, prediction, and detection of novel and (1) SUSTAINABLE FOOD SYSTEMS FUNDING.—
(C) by pursuing new protocols; or existing zoonoses with pandemic potential, (A) AUTHORIZATION OF APPROPRIATIONS.—In
(D) by other means of international coordi- including the support of innovative tech- addition to any other amounts provided for
nation; nologies in coordination with the United such purposes, there is authorized to be ap-
(2) improve regulatory oversight and re- States Agency for International Develop- propriated such sums as necessary for each
duce commercial trade in live wildlife and ment, the Centers for Disease Control and fiscal year from 2021 through 2030 to the
eliminate practices identified to contribute Prevention, and other relevant departments United States Agency for International De-
to zoonotic spillover and emerging patho- and agencies; and velopment to reduce demand for consump-
gens; (11) support the development of One Health tion of wildlife from wildlife markets and
(3) prevent commercial trade in live wild- systems at the local, regional, national, and support shifts to diversified alternative and
life through programs that combat wildlife global levels in coordination with the United sustainably produced sources of nutritious
trafficking and poaching, including by— States Agency for International Develop- food and protein in communities that rely
(A) providing assistance to improve law en- ment, the Centers for Disease Control and upon the consumption of wildlife for food se-
forcement; Prevention, and other relevant departments curity, while ensuring that existing wildlife
(B) detecting and deterring the illegal im- and agencies, particularly in emerging infec- habitat is not encroached upon or destroyed
port, transit, sale, and export of wildlife; tious disease hotspots, through a collabo- as part of this process, using a multisectoral
(C) strengthening such programs to assist rative, multisectoral, and transdisciplinary approach and including support for dem-
countries through legal reform; approach that recognizes the interconnec- onstration programs.
(D) improving information sharing and en- tions among people, animals, plants, and (B) ACTIVITIES.—The Bureau for Develop-
hancing capabilities of participating foreign their shared environment to achieve equi-
governments; ment, Democracy and Innovation (DDI), the
table and sustainable health outcomes. Bureau for Resilience and Food Security
(E) supporting efforts to change behavior
and reduce demand for such wildlife prod- (b) ACTIVITIES.— (RFS), and the Bureau for Global Health
ucts; (1) GLOBAL COOPERATION.—The United (GH) of the United States Agency for Inter-
(F) leveraging United States private sector States Government, working through the national Development shall, in partnership
technologies and expertise to scale and en- United Nations and its components, as well with United States and international insti-
hance enforcement responses to detect and as international organization such as tutions of higher education and nongovern-
prevent such trade; and Interpol, the Food and Agriculture Organiza- mental organizations, co-develop approaches
(G) strengthening collaboration with key tion of the United Nations, and the World focused on safe, sustainable food systems
private sector entities in the transportation Organisation for Animal Health, and in fur- that support and incentivize the replacement
industry to prevent and report the transport therance of the policies described in section of terrestrial wildlife in diets, while ensuring
of such wildlife and wildlife products; 1076, shall—
that existing wildlife habitat is not en-
(4) leverage strong United States bilateral (A) collaborate with other member states,
croached upon or destroyed as part of this
relationships to support new and existing issue declarations, statements, and commu-
process.
inter-Ministerial collaborations or Task niques urging countries to close wildlife
(2) ADDRESSING THREATS AND CAUSES OF
Forces that can serve as regional One Health markets, and prevent commercial trade in
ZOONOTIC DISEASE OUTBREAKS.—The Adminis-
models; live wildlife for human consumption; and
(B) urge increased enforcement of existing trator of the United States Agency for Inter-
(5) build local agricultural and food safety
laws to end wildlife trafficking. national Development, in consultation with
capacity by leveraging expertise from the
(2) INTERNATIONAL COALITIONS.—The Sec- the Secretary of the Interior, shall increase
United States Department of Agriculture
retary of State shall seek to build new, and activities in United States Agency for Inter-
(USDA) and institutions of higher education
with agricultural or natural resource exper- support existing, international coalitions fo- national Development programs related to
tise; cused on closing wildlife markets and pre- conserving biodiversity, combating wildlife
(6) work through international organiza- venting commercial trade in live wildlife for trafficking, sustainable landscapes, global
tions to develop a set of objective risk-based human consumption, with a focus on the fol- health, food security, and resilience in order
metrics that provide a cross-country com- lowing efforts: to address the threats and causes of zoonotic
parable measure of the level of risk posed by (A) Providing assistance and advice to disease outbreaks, including through—
wildlife trade and marketing and can be used other governments in the adoption of legisla- (A) education;
to track progress nations make in reducing tion and regulations to close wildlife mar- (B) capacity building;
risks, identify where resources should be fo- kets and associated trade over such time- (C) strengthening human, livestock, and
cused, and potentially leverage a peer influ- frame and in such manner as to minimize the wildlife health monitoring systems of patho-
ence effect; increase of wildlife trafficking and poaching. gens of zoonotic origin to support early de-
(7) prevent the degradation and fragmenta- (B) Creating economic and enforcement tection and reporting of novel and known
tion of forests and other intact ecosystems pressure for the immediate shut down of pathogens for emergence of zoonotic disease
to minimize interactions between wildlife wildlife markets which contain taxa listed and strengthening cross-sectoral collabora-
and human and livestock populations that pursuant to section 1074 and uncontrolled, tion to align risk reduction approaches in
could contribute to spillover events and unsanitary, or illicit wildlife markets and consultation with the Director of the Cen-
zoonotic disease transmission, including by their supply chains to prevent their oper- ters for Disease Control and the Secretary of
providing assistance or supporting policies ation. Health and Human Services;
to, for example— (C) Providing assistance and guidance to
(D) improved domestic and wild animal
(A) conserve, protect, and restore the in- other governments on measures to prohibit
disease monitoring and control at production
tegrity of such ecosystems; the import, export, and domestic commercial
and market levels;
(B) support the rights and needs of Indige- trade in live wildlife for the purpose of
(E) development of alternative livelihood
nous People and local communities and their human consumption.
opportunities where possible;
ability to continue their effective steward- (D) Implementing risk reduction interven-
ship of their traditional lands and terri- tions and control options to address zoonotic (F) preventing degradation and fragmenta-
tories; spillover along the supply chain for the wild- tion of forests and other intact ecosystems
(C) support the establishment and effective life market system. and restoring the integrity of such eco-
management of protected areas, prioritizing (E) Engaging and receiving guidance from systems, particularly in tropical countries,
highly intact areas; and key stakeholders at the ministerial, local to prevent the creation of new pathways for
(D) prevent activities that result in the de- government, and civil society level, includ- zoonotic pathogen transmission that arise
struction, degradation, fragmentation, or ing Indigenous Peoples, in countries that from interactions among wildlife, humans,
conversion of intact forests and other intact will be impacted by this subtitle and where and livestock populations;
ecosystems and biodiversity strongholds, in- wildlife markets and associated wildlife (G) minimizing interactions between do-
cluding by governments, private sector enti- trade are the predominant source of meat or mestic livestock and wild animals in mar-
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ties, and multilateral development financial protein, in order to mitigate the impact of kets and captive production;
institutions; any international efforts on food security, (H) supporting shifts from wildlife markets
(8) offer appropriate alternative livelihood nutrition, local customs, conservation meth- to diversified, safe, affordable, and accessible
and worker training programs and enterprise ods, or cultural norms. alternative sources of protein and nutrition
development to wildlife traders, wildlife (F) Promoting private sector engagement through enhanced local and national food
breeders, and local communities whose mem- and public-private partnerships with indus- systems while ensuring that existing wildlife
bers are engaged in the commercial trade in try groups (such as the transportation indus- habitat is not encroached upon or destroyed
live wildlife for human consumption; try) to address transport and movement of as part of this process;
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8389
(I) improving community health, forest (IV) the impact and effectiveness of inter- not more than $100,000, imprisoned for not
management practices, and safety of live- national cooperation on preventing the im- more than 5 years, or both.
stock production in tropical landscapes, par- port, export, and domestic commercial trade ‘‘(2) MULTIPLE VIOLATIONS.—Each violation
ticularly in hotspots for zoonotic spillover in live wildlife for the purpose of human use of subsection (b) shall constitute a separate
and emerging infectious diseases; as food or medicine, while accounting for the offense.
(J) preventing degradation and fragmenta- differentiated needs of vulnerable popu- ‘‘(3) VENUE.—A violation of subsection (b)
tion of forests and other intact ecosystems, lations who depend upon such wildlife as a may be prosecuted in the judicial district in
particularly in tropical countries, to mini- predominant source of meat or protein; and which the violation first occurred and any
mize interactions between wildlife, human, (ii) identifying— judicial district in which the defendant sold
and livestock populations that could con- (I) foreign countries that continue to en- the live wild animal.
tribute to spillover events and zoonotic dis- able the operation of wildlife markets as de- ‘‘(d) ENFORCEMENT.—The provisions of this
ease transmission, including by providing as- fined by this subtitle and the associated section, and any regulations issued pursuant
sistance or supporting policies to— trade of wildlife products for human use as thereto, shall be enforced by the Secretary of
(i) conserve, protect, and restore the integ- food or medicine that feeds such markets; the Interior. The Secretary of the Interior
rity of such ecosystems; and (II) foreign governments, networks, or in- may utilize by agreement, with or without
(ii) support the rights of Indigenous People dividuals who aid and abet or otherwise fa- reimbursement, the personnel, services,
and local communities and their ability to cilitate illicit wildlife trafficking; and equipment, and facilities of any other Fed-
continue their effective stewardship of their (III) recommendations for incentivizing or eral agency or any State agency or Indian
intact traditional lands and territories; and enforcing compliance with laws and policies Tribe for purposes of enforcing this sec-
(K) supporting development and use of to close wildlife markets that contain taxa tion.’’.
multi-data sourced predictive models and de- listed pursuant to section 1074 and uncon- (2) CONFORMING AMENDMENT.—The table of
cisionmaking tools to identify areas of high- trolled, unsanitary, or illicit wildlife mar- sections for chapter 3 of title 18, United
est probability of zoonotic spillover and to kets and end the associated commercial States Code, is amended by inserting after
determine cost-effective monitoring and trade in live wildlife for human use as food the item relating to section 43 the following:
mitigation approaches; and or medicine, which may include visa restric- ‘‘44. Prohibition of import, export, and sale
(L) other relevant activities described in tions and other diplomatic or economic of certain live wild animals for
section 1076 that are within the mandate of tools. human consumption.’’.
the United States Agency for International (B) FORM.—The report required under this (b) FUNDING.—There is authorized to be ap-
Development. paragraph shall be submitted in unclassified propriated to carry out section 44 of title 18,
(3) IMMEDIATE RELIEF FUNDING TO STABILIZE form, but may include a classified annex. United States Code, as added by subsection
PROTECTED AREAS.—The Administrator of the
(2) UNITED STATES AGENCY FOR INTER- (a)—
NATIONAL DEVELOPMENT.—Not later than 180 (1) $25,000,000 for each of fiscal years 2021
United States Agency for International De-
velopment and the Secretary of State are au- days after the date of the enactment of this through 2030 for the United States Fish and
thorized to administer immediate relief Act, the Administrator of the United States Wildlife Service; and
funding to stabilize protected areas and con- Agency for International Development shall (2) $10,000, 000 for each of fiscal years 2021
submit to the appropriate congressional through 2030 for the Department of Justice.
servancies.
committees a report— SEC. 1079. LAW ENFORCEMENT ATTACHÉ DE-
(d) STAFFING REQUIREMENTS.—The Admin- (A) describing the actions taken pursuant PLOYMENT.
istrator of the United States Agency for to this subtitle; (a) IN GENERAL.—Beginning in fiscal year
International Development, in collaboration (B) describing the impact and effectiveness 2021, the Secretary of the Interior, acting
with the United States Fish and Wildlife of key strategies for reducing demand for through the Director of the United States
Service, the United States Department of consumption of such wildlife and associated Fish and Wildlife Service, in consultation
Agriculture Animal and Plant Health Inspec- wildlife markets; with the Secretary of State, shall require the
tion Service, the Centers for Disease Control (C) summarizing additional personnel hired Chief of Law Enforcement of the United
and Prevention, and other Federal entities with funding authorized under this subtitle, States Fish and Wildlife Service to hire,
as appropriate, is authorized to hire addi- including the number hired in each bureau; train, and deploy not fewer than 50 new
tional personnel— and United States Fish and Wildlife Service law
(1) to undertake programs aimed at reduc- (D) describing partnerships developed with enforcement attachés, and appropriate addi-
ing the risks of endemic and emerging infec- other institutions of higher learning and tional support staff, at one or more United
tious diseases and exposure to antimicrobial nongovernmental organizations. States embassies, consulates, commands, or
resistant pathogens; SEC. 1078. PROHIBITION OF IMPORT, EXPORT, other facilities—
(2) to provide administrative support and AND SALE OF CERTAIN LIVE WILD (1) in one or more countries designated as
resources to ensure effective and efficient co- ANIMALS FOR HUMAN CONSUMP- a focus country or a country of concern in
ordination of funding opportunities and shar- TION.
the most recent report submitted under sec-
ing of expertise from relevant United States (a) PROHIBITION.—
tion 201 of the Eliminate, Neutralize, and
Agency for International Development bu- (1) IN GENERAL.—Chapter 3 of title 18,
Disrupt Wildlife Trafficking Act of 2016 (16
reaus and programs, including emerging pan- United States Code, is amended by inserting
U.S.C. 7621); and
demic threats; after section 43 the following:
(2) in such additional countries or regions,
(3) to award funding to on-the-ground ‘‘SEC. 44. PROHIBITION OF IMPORT, EXPORT, AND
SALE OF CERTAIN LIVE WILD ANI-
as determined by the Secretary of Interior,
projects; that are known or suspected to be a source of
MALS FOR HUMAN CONSUMPTION.
(4) to provide project oversight to ensure illegal trade of species listed—
accountability and transparency in all ‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the phrase ‘human consumption’ shall (A) as threatened species or endangered
phases of the award process; and species under the Endangered Species Act of
(5) to undertake additional activities under include all consumption as food or medicine
except consumption that is incidental to 1973 (16 U.S.C. 1531 et seq.); or
this subtitle. (B) under appendix I of the Convention on
legal and regulated hunting, fishing, or trap-
(e) REPORTING REQUIREMENTS.— International Trade in Endangered Species
ping activities for subsistence, sport, or
(1) UNITED STATES DEPARTMENT OF STATE.— of Wild Fauna and Flora, done at Wash-
recreation;
(A) IN GENERAL.—Not later than 180 days ‘‘(2) the term ‘live wild animal’ means a ington March 3, 1973 (27 UST 1087; TIAS 8249).
after the date of the enactment of this Act, live wild mammal, bird, reptile, or amphib- (b) FUNDING.—There is authorized to be ap-
and annually thereafter until 2030, the Sec- ian, whether or not bred, hatched, or born in propriated to carry out this section
retary of State and the Administrator of the captivity with the exception of ruminants; $150,000,000 for each of fiscal years 2021
United States Agency for International De- and through 2030.
velopment shall submit to the appropriate ‘‘(3) the term ‘wild’ has the meaning given SEC. 1080. ONE HEALTH TASK FORCE.
congressional committees a report— that term in section 42. (a) ESTABLISHMENT.—There is established a
(i) describing— ‘‘(b) PROHIBITIONS.—It shall be unlawful for task force to be known as the ‘‘One Health
(I) the actions taken pursuant to this sub- any person— Task Force’’.
title, including through the application of ‘‘(1) to import or export any live wild ani- (b) DUTIES OF TASK FORCE.—The duties of
findings and recommendations generated mal for human consumption as food or medi- the Task Force shall be to—
from the study required by section 1073 and cine; (1) ensure an integrated approach across
the provision of United States technical as- the Federal Government and globally to the
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‘‘(2) to sell for human consumption as food
sistance; or medicine a live wild animal, including prevention of, early detection of, prepared-
(II) the impact and effectiveness of inter- through sale or purchase at a live animal ness for, and response to zoonotic spillover
national cooperation on shutting down wild- market; or and the outbreak and transmission of
life markets; ‘‘(3) to attempt to commit any act de- zoonotic diseases that may pose a threat to
(III) the impact and effectiveness of inter- scribed in paragraph (1) or (2). public health security;
national cooperation on disrupting, deter- ‘‘(c) PENALTIES.— (2) not later than 1 year after the date of
ring, and ultimately ending wildlife traf- ‘‘(1) IN GENERAL.—Any person who know- the enactment of this Act, develop and pub-
ficking; and ingly violates subsection (b) shall be fined lish, on a publicly accessible website, a plan
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S8390 CONGRESSIONAL RECORD — SENATE November 17, 2021
for global biosecurity and zoonotic disease (x) The United States Agency for Inter- partment of Defense, for military con-
prevention and response that leverages ex- national Development. struction, and for defense activities of
pertise in public health, consumer education (xi) The United States Fish and Wildlife the Department of Energy, to prescribe
and communication, behavior change, wild- Service. military personnel strengths for such
life health, wildlife conservation, livestock (xii) The Department of Homeland Secu-
production, veterinary health, food safety, rity, FEMA.
fiscal year, and for other purposes;
sustainable forest management, community- (xiii) United States Customs and Border which was ordered to lie on the table;
based conservation, rural food security, and Protection. as follows:
indigenous rights to coordinate zoonotic dis- (2) TIMING OF APPOINTMENTS.—Appoint- At the end, add the following:
ease surveillance internationally, including ments to the Task Force shall be made not DIVISION E—INSPECTORS GENERAL
support for One Health institutions around later than 30 days after the date of the enact- SEC. 5101. SHORT TITLE.
the world that can prevent and provide early ment of this Act. This division may be cited as the ‘‘Afghan-
detection of zoonotic outbreaks; and (3) TERMS.— istan Vetting Review, the IG Testimonial
(3) expand the scope of the implementation (A) IN GENERAL.—Each member shall be ap- Subpoena Authority, and Inspector General
of the White House’s Global Health Security pointed for a term of 2 years. Access Act of 2021’’.
Strategy to more robustly support the pre- (B) VACANCIES.—Any member appointed to TITLE LI—TESTIMONIAL SUBPOENA
vention of zoonotic spillover and respond to fill a vacancy occurring before the expira- AUTHORITY FOR INSPECTORS GENERAL
zoonotic disease investigations and out- tion of the term for which the member’s
breaks by establishing a 10-year strategy SEC. 5111. SHORT TITLE.
predecessor was appointed shall be appointed
with specific Federal Government domestic This title may be cited as the ‘‘IG Testi-
only for the remainder of that term. A mem-
and international goals, priorities, and monial Subpoena Authority Act’’.
ber may serve after the expiration of that
timelines for action, including to— SEC. 5112. ADDITIONAL AUTHORITY PROVISIONS
term until a successor has been appointed. FOR INSPECTORS GENERAL.
(A) recommend policy actions and mecha- (d) MEETING.—
nisms in developing countries to reduce the The Inspector General Act of 1978 (5 U.S.C.
(1) INITIAL MEETING.—The Task Force shall
risk of zoonotic spillover and zoonotic dis- App.) is amended—
hold its initial meeting not later than 45
ease emergence and transmission, including (1) by inserting after section 6 the fol-
days after the final appointment of all mem-
in support of those activities described in lowing:
bers under subsection (c)(2).
section 1077; ‘‘SEC. 6A. ADDITIONAL AUTHORITY.
(2) MEETINGS.—
(B) identify new mandates, authorities, ‘‘(a) DEFINITIONS.—In this section—
(A) IN GENERAL.—The Task Force shall
and incentives needed to strengthen the ‘‘(1) the term ‘Chairperson’ means the
meet at the call of the Chairperson.
global zoonotic disease plan under paragraph Chairperson of the Council of the Inspectors
(B) QUORUM.—Eight members of the Task
(2); Force shall constitute a quorum, but a lesser General on Integrity and Efficiency;
(C) define and list priority areas as coun- number may hold hearings. ‘‘(2) the term ‘Inspector General’—
tries or regions determined to be of high risk (e) COMPENSATION.— ‘‘(A) means an Inspector General of an es-
for zoonotic disease emergence, as well as (1) PROHIBITION OF COMPENSATION.—Except tablishment or a designated Federal entity
based on, but not limited to, factors that in- as provided in paragraph (2), members of the (as defined in section 8G(a)); and
clude wildlife biodiversity, livestock produc- Task Force may not receive additional pay, ‘‘(B) includes—
tion, human population density, and active allowances, or benefits by reason of their ‘‘(i) the Inspector General of the Central
drivers of disease emergence such as land use service on the Task Force. Intelligence Agency established under sec-
change, including forest degradation and (2) TRAVEL EXPENSES.—Each member shall tion 17 of the Central Intelligence Agency
loss, intensification of livestock production, receive travel expenses, including per diem Act of 1949 (50 U.S.C. 3517);
and wildlife trade; in lieu of subsistence, in accordance with ap- ‘‘(ii) the Inspector General of the Intel-
(D) prioritize engagement in programs that plicable provisions under subchapter I of ligence Community established under sec-
target tropical countries and regions experi- chapter 57 of title 5, United States Code. tion 103H of the National Security Act of 1947
encing high rates of biodiversity loss, defor- (f) REPORTS.— (50 U.S.C. 3033);
estation, forest degradation, and land con- (1) REPORT TO TASK FORCE.—Not later than ‘‘(iii) the Special Inspector General for Af-
version and countries with significant mar- 6 months after the date of the enactment of ghanistan Reconstruction established under
kets for live wildlife for human consump- this Act and annually thereafter, the Federal section 1229 of the National Defense Author-
tion; and agencies listed in subsection (c) shall submit ization Act for Fiscal Year 2008 (Public Law
(E) identify and recommend actions to ad- a report to the Task Force containing a de- 110–181; 122 Stat. 379);
dress existing gaps in efforts to prevent and tailed statement with respect to the results ‘‘(iv) the Special Inspector General for the
respond to domestic zoonotic disease emer- of any programming within their agencies Troubled Asset Relief Plan established under
gence and transmission. that addresses the goals of zoonotic spillover section 121 of the Emergency Economic Sta-
(c) MEMBERSHIP.— and disease prevention. bilization Act of 2008 (12 U.S.C. 5231); and
(1) IN GENERAL.—The members of the Task ‘‘(v) the Special Inspector General for Pan-
(2) REPORT TO CONGRESS.—Not later than 1
Force established pursuant to subsection (a) demic Recovery established under section
year after the date of the enactment of this
shall be composed of representatives from 4018 of the CARES Act (15 U.S.C. 9053); and
Act and annually thereafter, the Task Force
each of the following agencies: ‘‘(3) the term ‘Subpoena Panel’ means the
shall submit to the appropriate congres-
(A) One permanent Chairperson at the panel to which requests for approval to issue
sional committees and the National Security
level of Deputy Assistant Secretary or above a subpoena are submitted under subsection
Advisor a report containing a detailed state-
from the following agencies, to rotate every (e).
ment of the recommendations of the Council
2 years in an order to be determined by the ‘‘(b) TESTIMONIAL SUBPOENA AUTHORITY.—
pursuant to subsection (b).
Administrator: (g) FACA.—Section 14(a)(2)(B) of the Fed- ‘‘(1) IN GENERAL.—In addition to the au-
(i) The Department of Agriculture or the eral Advisory Committee Act shall not apply thority otherwise provided by this Act and
Animal and Plant Health Inspection Service. to the Task Force. This task force shall be in accordance with the requirements of this
(ii) The Department of Health and Human authorized for 7 years after the date of the section, each Inspector General, in carrying
Services or the Centers for Disease Control enactment of this Act and up to an addi- out the provisions of this Act or the provi-
and Prevention. tional 2 years at the discretion of the Task sions of the authorizing statute of the In-
(iii) The Department of the Interior or the Force Chair. spector General, as applicable, is authorized
United States Fish and Wildlife Service. SEC. 1081. RESERVATION OF RIGHTS. to require by subpoena the attendance and
(iv) The Department of State. Nothing in this subtitle shall restrict or testimony of witnesses as necessary in the
(v) The United States Agency for Inter- otherwise prohibit— performance of an audit, inspection, evalua-
national Development. (1) legal and regulated hunting, fishing, or tion, or investigation, which subpoena, in
(vi) The National Security Council. trapping activities for subsistence, sport, or the case of contumacy or refusal to obey,
(B) At least 13 additional members, with at recreation; or shall be enforceable by order of any appro-
least 1 from each of the following agencies: (2) the lawful domestic and international priate United States district court.
(i) The Centers for Disease Control and transport of legally harvested fish or wildlife ‘‘(2) PROHIBITION.—An Inspector General
Prevention. trophies. may not require by subpoena the attendance
(ii) The Department of Agriculture. --- and testimony of a Federal employee or em-
(iii) The Department of Defense. SA 4779. Mr. PETERS (for himself, ployee of a designated Federal entity, but
SSpencer on DSK126QN23PROD with SENATE
(iv) The Department of State. Mr. PORTMAN, and Mr. GRASSLEY) sub- may use other authorized procedures.
(v) The Environmental Protection Agency. mitted an amendment intended to be ‘‘(3) DETERMINATION BY INSPECTOR GEN-
(vi) The National Science Foundation. ERAL.—The determination of whether a mat-
proposed to amendment SA 3867 sub-
(vii) The National Institutes of Health. ter constitutes an audit, inspection, evalua-
(viii) The National Institute of Standards mitted by Mr. REED and intended to be tion, or investigation shall be at the discre-
and Technology. proposed to the bill H.R. 4350, to au- tion of the applicable Inspector General.
(ix) The Office of Science and Technology thorize appropriations for fiscal year ‘‘(c) LIMITATION ON DELEGATION.—The au-
Policy. 2022 for military activities of the De- thority to issue a subpoena under subsection
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8391
(b) may only be delegated to an official per- ‘‘(2) TIME TO RESPOND.— other matter the Council determines nec-
forming the functions and duties of an In- ‘‘(A) IN GENERAL.—Except as provided in essary to carry out this section.
spector General when the Inspector General subparagraph (B), the Subpoena Panel shall ‘‘(h) APPLICABILITY.—The provisions of this
position is vacant or when the Inspector approve or deny a request for approval to section shall not affect the exercise of au-
General is unable to perform the functions issue a subpoena submitted under paragraph thority by an Inspector General of testi-
and duties of the Office of the Inspector Gen- (1) not later than 10 days after the submis- monial subpoena authority established under
eral. sion of the request. another provision of law.
‘‘(d) NOTICE TO ATTORNEY GENERAL.— ‘‘(B) ADDITIONAL INFORMATION FOR PANEL.— ‘‘(i) TERMINATION.—The authorities pro-
‘‘(1) IN GENERAL.—Not less than 10 days be- If the Subpoena Panel determines that addi- vided under subsection (b) shall terminate on
fore submitting a request for approval to tional information is necessary to approve or January 1, 2027, provided that this subsection
issue a subpoena to the Subpoena Panel deny a request for approval to issue a sub- shall not affect the enforceability of a sub-
under subsection (e), an Inspector General poena submitted by an Inspector General poena issued on or before December 31,
shall— 2026.’’;
under paragraph (1), the Subpoena Panel
‘‘(A) notify the Attorney General of the (2) in section 5(a), as amended by section
shall—
plan of the Inspector General to issue the 903 of this Act—
‘‘(i) request that information; and
subpoena; and (A) in paragraph (16)(B), as so redesignated,
‘‘(ii) approve or deny the request for ap-
‘‘(B) take into consideration any informa- by striking the period at the end and insert-
proval submitted by the Inspector General
tion provided by the Attorney General relat- ing ‘‘; and’’; and
not later than 20 days after the Subpoena
ing to the subpoena. (B) by adding at the end the following:
Panel submits the request for information
‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘(17) a description of the use of subpoenas
under clause (i).
this subsection may be construed to prevent for the attendance and testimony of certain
‘‘(3) APPROVAL BY PANEL.—If all members
an Inspector General from submitting to the witnesses authorized under section 6A.’’; and
of the Subpoena Panel unanimously approve
Subpoena Panel under subsection (e) a re- (3) in section 8G(g)(1), by inserting ‘‘6A,’’
a request for approval to issue a subpoena
quest for approval to issue a subpoena if 10 before ‘‘and 7’’.
submitted by an Inspector General under
or more days have elapsed since the date on SEC. 5113. REVIEW BY THE COMPTROLLER GEN-
paragraph (1), the Inspector General may
which the Inspector General submits to the ERAL.
issue the subpoena.
Attorney General the notification required Not later than January 1, 2026, the Comp-
‘‘(4) NOTICE TO COUNCIL AND ATTORNEY GEN-
under paragraph (1)(A) with respect to that troller General of the United States shall
ERAL.—Upon issuance of a subpoena by an In-
subpoena. submit to the appropriate congressional
‘‘(e) PANEL REVIEW BEFORE ISSUANCE.— spector General under subsection (b), the In- committees a report reviewing the use of tes-
‘‘(1) APPROVAL REQUIRED.— spector General shall provide contempora- timonial subpoena authority, which shall in-
‘‘(A) REQUEST FOR APPROVAL BY SUBPOENA neous notice of such issuance to the Chair- clude—
PANEL.—Before the issuance of a subpoena person or a designee of the Chairperson and (1) a summary of the information included
described in subsection (b), an Inspector Gen- to the Attorney General. in the semiannual reports to Congress under
eral shall submit to a panel a request for ap- ‘‘(f) SEMIANNUAL REPORTING.—On or before section 6A(f) of the Inspector General Act of
proval to issue the subpoena, which shall in- May 31, 2022, and every 6 months thereafter, 1978 (5 U.S.C. App.), as added by this title, in-
clude a determination by the Inspector Gen- the Council of the Inspectors General on In- cluding an analysis of any patterns and
eral that— tegrity and Efficiency shall submit to the trends identified in the use of the authority
‘‘(i) the testimony is likely to be reason- Committee on Homeland Security and Gov- during the reporting period;
ably relevant to the audit, inspection, eval- ernmental Affairs of the Senate, the Com- (2) a review of subpoenas issued by inspec-
uation, or investigation for which the sub- mittee on Oversight and Reform of the House tors general on and after the date of enact-
poena is sought; and of Representatives, and the Comptroller Gen- ment of this Act to evaluate compliance
‘‘(ii) the information to be sought cannot eral of the United States a report on the use with this Act by the respective inspector
be reasonably obtained through other means. of subpoenas described in subsection (b) in general, the Subpoena Panel, and the Coun-
‘‘(B) COMPOSITION OF SUBPOENA PANEL.— any audit, inspection, evaluation, or inves- cil of the Inspectors General on Integrity
‘‘(i) IN GENERAL.—Subject to clauses (ii) tigation that concluded during the imme- and Efficiency; and
and (iii), a Subpoena Panel shall be com- diately preceding 6-month periods ending (3) any additional analysis, evaluation, or
prised of 3 inspectors general appointed by March 31 and September 30, which shall in- recommendation based on observations or in-
the President and confirmed by the Senate, clude— formation gathered by the Comptroller Gen-
who shall be randomly drawn by the Chair- ‘‘(1) a list of each Inspector General that eral of the United States during the course
person or a designee of the Chairperson from has submitted a request for approval of a of the review.
a pool of all such inspectors general. subpoena to the Subpoena Panel; TITLE LII—INVESTIGATIONS OF
‘‘(ii) CLASSIFIED INFORMATION.—If consider- ‘‘(2) for each applicable Inspector General, DEPARTMENT OF JUSTICE PERSONNEL
ation of a request for a subpoena submitted the number of subpoenas submitted to the
SEC. 5121. SHORT TITLE.
under subparagraph (A) would require access Subpoena Panel, approved by the Subpoena
This title may be cited as the ‘‘Inspector
to classified information, the Chairperson or Panel, and disapproved by the Subpoena
General Access Act of 2021’’.
a designee of the Chairperson may limit the Panel;
SEC. 5122. INVESTIGATIONS OF DEPARTMENT OF
pool of inspectors general described in clause ‘‘(3) for each subpoena submitted to the JUSTICE PERSONNEL.
(i) to appropriately cleared inspectors gen- Subpoena Panel for approval—
Section 8E of the Inspector General Act of
eral. ‘‘(A) an anonymized description of the indi- 1978 (5 U.S.C. App.) is amended—
‘‘(iii) CONFIRMATION OF AVAILABILITY.—If an vidual or organization to whom the subpoena (1) in subsection (b)—
inspector general drawn from the pool de- was directed; (A) in paragraph (2), by striking ‘‘and para-
scribed in clause (i) does not confirm their ‘‘(B) the date on which the subpoena re- graph (3)’’;
availability to serve on the Subpoena Panel quest was sent to the Attorney General, the (B) by striking paragraph (3);
within 24 hours of receiving a notification date on which the Attorney General re- (C) by redesignating paragraphs (4) and (5)
from the Chairperson or a designee of the sponded, and whether the Attorney General as paragraphs (3) and (4), respectively; and
Chairperson regarding selection for the Sub- provided information regarding the subpoena (D) in paragraph (4), as redesignated, by
poena Panel, the Chairperson or a designee request, including whether the Attorney striking ‘‘paragraph (4)’’ and inserting
of the Chairperson may randomly draw a General opposed issuance of the proposed ‘‘paragraph (3)’’; and
new inspector general from the pool to serve subpoena; (2) in subsection (d), by striking ‘‘, except
on the Subpoena Panel. ‘‘(C) the members of the Subpoena Panel with respect to allegations described in sub-
‘‘(C) CONTENTS OF REQUEST.—The request considering the subpoena; section (b)(3),’’.
described in subparagraph (A) shall include ‘‘(D) the date on which the subpoena re-
quest was sent to the Subpoena Panel, the TITLE LIII—REVIEW RELATING TO AF-
any information provided by the Attorney
date on which the Subpoena Panel approved GHANISTAN RESETTLEMENT AND SPE-
General related to the subpoena, which the
or disapproved the subpoena request, and the CIAL IMMIGRANT VISA PROGRAM
Attorney General requests that the Sub-
decision of the Subpoena Panel; and SEC. 5131. REVIEW RELATING TO VETTING, PROC-
poena Panel consider.
ESSING, AND RESETTLEMENT OF
‘‘(D) PROTECTION FROM DISCLOSURE.— ‘‘(E) the date on which the subpoena was
EVACUEES FROM AFGHANISTAN
‘‘(i) IN GENERAL.—The information con- issued, if approved; and AND THE AFGHANISTAN SPECIAL IM-
tained in a request submitted by an Inspec- ‘‘(4) any other information the Council of
SSpencer on DSK126QN23PROD with SENATE
MIGRANT VISA PROGRAM.
tor General under subparagraph (A) and the the Inspectors General on Integrity and Effi- (a) IN GENERAL.—In accordance with the
identification of a witness shall be protected ciency considers appropriate to include. Inspector General Act of 1978 (5 U.S.C. App.),
from disclosure to the extent permitted by ‘‘(g) TRAINING AND STANDARDS.—The Coun- the Inspector General of the Department of
law. cil of the Inspectors General on Integrity Homeland Security, jointly with the Inspec-
‘‘(ii) REQUEST FOR DISCLOSURE.—Any re- and Efficiency, in consultation with the At- tor General of the Department of State, and
quest for disclosure of the information de- torney General, shall promulgate standards in coordination with any appropriate inspec-
scribed in clause (i) shall be submitted to the and provide training relating to the issuance tor general established by that Act or sec-
Inspector General requesting the subpoena. of subpoenas, conflicts of interest, and any tion 103H of the National Security Act of 1947
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S8392 CONGRESSIONAL RECORD — SENATE November 17, 2021
(50 U.S.C. 3033), shall conduct a thorough re- (B) the number of such special immigrant (ii) whether the evacuee has a valid identi-
view of efforts to support and process evac- visa applications received, approved, and de- fication documentation; and
uees from Afghanistan and the Afghanistan nied, disaggregated by fiscal year; (iii) whether any database of the United
special immigrant visa program. (C) the number of such special immigrant States Government contains derogatory in-
(b) ELEMENTS.—The review required by visas issued, as compared to the number formation about the evacuee.
subsection (a) shall include an assessment of available under law, disaggregated by fiscal (C) VET; VETTING.—The term ‘‘vet’’ and
the systems, staffing, policies, and programs year; ‘‘vetting’’, with respect to an evacuee, means
used— (D) an assessment of the average length of the process by which a Federal official inter-
(1) to the screen and vet such evacuees, in- time taken to process an application for such views the evacuee to determine whether the
cluding— a special immigrant visa, beginning on the evacuee is who they purport to be, including
(A) an assessment of whether personnel date of submission of the application and whether the evacuee poses a national secu-
conducting such screening and vetting were ending on the date of final disposition, rity risk.
appropriately authorized and provided with disaggregated by fiscal year; (d) DISCHARGE OF RESPONSIBILITIES.—The
training, including training in the detection (E) an accounting of the number of applica- Inspector General of the Department of
of fraudulent personal identification docu- tions for such special immigrant visas that Homeland Security and the Inspector Gen-
ments; remained pending at the end of each fiscal eral of the Department of State shall dis-
(B) an analysis of the degree to which such year; charge the responsibilities under this section
screening and vetting deviated from United (F) an accounting of the number of inter- in a manner consistent with the authorities
States law, regulations, policy, and best views of applicants for such special immi- and requirements of the Inspector General
practices relating to— grant visas conducted during each fiscal Act of 1978 (5 U.S.C. App.) and the authori-
(i) the screening and vetting of parolees, year; ties and requirements applicable to the In-
refugees, and applicants for United States (G) the number of noncitizens who were ad- spector General of the Department of Home-
visas that have been in use at any time since mitted to the United States pursuant to such land Security and the Inspector General of
January 1, 2016, particularly for individuals a special immigrant visa during each fiscal the Department of State under that Act.
from countries with active terrorist organi- year; (e) COORDINATION.—Upon request of an In-
zations; and (H) an assessment of the extent to which spector General for information or assist-
(ii) the screening and vetting of parolees, each participating department or agency of ance under subsection (a), the head of any
refugees, and applicants for United States the United States Government, including the Federal agency involved shall, insofar as is
visas pursuant to any mass evacuation effort Department of State and the Department of practicable and not in contravention of any
since 1975, particularly for individuals from Homeland Security, adjusted processing existing statutory restriction or regulation
countries with active terrorist organiza- practices and procedures for such special im- of the Federal agency from which the infor-
tions; migrant visas so as to vet applicants and ex- mation is requested, furnish to such Inspec-
(C) an identification of any risk to the na- pand processing capacity since the February tor General, or to an authorized designee,
tional security of the United States posed by 29, 2020, Doha Agreement between the United such information or assistance.
States and the Taliban; (f) RULE OF CONSTRUCTION.—Nothing in this
any such deviations;
(I) a list of specific steps, if any, taken be- section shall be construed to limit the abil-
(D) an analysis of the processes used for
tween February 29, 2020, and August 31, 2021— ity of the Inspector General of the Depart-
evacuees traveling without personal identi-
(i) to streamline the processing of applica- ment of Homeland Security or the Inspector
fication records, including the creation or
tions for such special immigrant visas; and General of the Department of State to enter
provision of any new identification records
(ii) to address longstanding bureaucratic into agreements to conduct joint audits, in-
to such evacuees; and
hurdles while improving security protocols; spections, or investigations in the exercise of
(E) an analysis of the degree to which such
(J) a description of the degree to which the the oversight responsibilities of the Inspec-
screening and vetting process was capable of
Secretary of State implemented rec- tor General of the Department of Homeland
detecting—
ommendations made by the Department of Security and the Inspector General of the
(i) instances of human trafficking and do-
State Office of Inspector General in its June Department of State, in accordance with the
mestic abuse;
2020 reports on Review of the Afghan Special Inspector General Act of 1978 (5 U.S.C. App.),
(ii) evacuees who are unaccompanied mi-
Immigrant Visa Program (AUD-MERO-20-35) with respect to oversight of the evacuation
nors; and
and Management Assistance Report: Quar- from Afghanistan, the selection, vetting, and
(iii) evacuees with a spouse that is a
terly Reporting on Afghan Special Immi- processing of applicants for special immi-
minor;
grant Visa Program Needs Improvement grant visas and asylum, and any resettle-
(2) to admit and process such evacuees at
(AUD-MERO-20-34); ment in the United States of such evacuees.
United States ports of entry;
(3) to temporarily house such evacuees (K) an assessment of the extent to which ---
challenges in verifying applicants’ employ- SA 4780. Mr. PETERS (for himself,
prior to resettlement;
(4) to account for the total number of indi- ment with the Department of Defense con- Mr. PORTMAN, and Mr. GRASSLEY) sub-
vidual evacuated from Afghanistan in 2021 tributed to delays in the processing of such mitted an amendment intended to be
with support of the United States Govern- special immigrant visas, and an accounting proposed to amendment SA 3867 sub-
ment, disaggregated by— of the specific steps taken since February 29, mitted by Mr. REED and intended to be
(A) country of origin; 2020, to address issues surrounding employ- proposed to the bill H.R. 4350, to au-
(B) age; ment verification; and thorize appropriations for fiscal year
(C) gender; (L) recommendations to strengthen and
streamline such special immigrant visa proc-
2022 for military activities of the De-
(D) eligibility for special immigrant visas partment of Defense, for military con-
under the Afghan Allies Protection Act of ess going forward.
2009 (8 U.S.C. 1101 note; Public Law 111–8) or (c) INTERIM REPORTING.—
struction, and for defense activities of
section 1059 of the National Defense Author- (1) IN GENERAL.—Not later than 180 days the Department of Energy, to prescribe
ization Act for Fiscal Year 2006 (8 U.S.C. 1101 after the date of the enactment of this Act, military personnel strengths for such
note; Public Law 109–163) at the time of evac- the Inspector General of the Department of fiscal year, and for other purposes;
uation; Homeland Security and the Inspector Gen- which was ordered to lie on the table;
(E) eligibility for employment-based non- eral of the Department of State shall submit as follows:
immigrant visas at the time of evacuation; to the appropriate congressional committees At the end, add the following:
and not fewer than one interim report on the re-
DIVISION E—INSPECTOR GENERAL INDE-
(F) familial relationship to evacuees who view conducted under this section.
PENDENCE AND EMPOWERMENT ACT
are eligible for visas described in subpara- (2) FORM.—Any report submitted under
OF 2021
graphs (D) and (E); and paragraph (1) shall be submitted in unclassi-
(5) to provide eligible individuals with spe- fied form, but may include a classified SEC. 5101. SHORT TITLE.
cial immigrant visas under the Afghan Allies annex. This division may be cited as the ‘‘Inspec-
Protection Act of 2009 (8 U.S.C. 1101 note; (3) DEFINITIONS.—In this subsection: tor General Independence and Empowerment
Public Law 111–8) and section 1059 of the Na- (A) APPROPRIATE CONGRESSIONAL COMMIT- Act of 2021’’.
tional Defense Authorization Act for Fiscal TEES.—The term ‘‘appropriate congressional TITLE LI—INSPECTOR GENERAL
Year 2006 (8 U.S.C. 1101 note; Public Law 109– committees’’ has the meaning given the INDEPENDENCE
SSpencer on DSK126QN23PROD with SENATE
163) since the date of the enactment of the term in section 12 of the Inspector General SEC. 5111. SHORT TITLE.
Afghan Allies Protection Act of 2009 (8 U.S.C. Act of 1978 (5 U.S.C. App.), as amended by This title may be cited as the ‘‘Securing
1101 note; Public Law 111–8), including— this Act. Inspector General Independence Act of 2021’’.
(A) a detailed step-by-step description of (B) SCREEN; SCREENING.—The terms SEC. 5112. REMOVAL OR TRANSFER OF INSPEC-
the application process for such special im- ‘‘screen’’ and ‘‘screening’’, with respect to an TORS GENERAL; PLACEMENT ON
migrant visas, including the number of days evacuee, mean the process by which a Fed- NON-DUTY STATUS.
allotted by the United States Government eral official determines— (a) IN GENERAL.—The Inspector General
for the completion of each step; (i) the identity of the evacuee; Act of 1978 (5 U.S.C. App.) is amended—
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8393
(1) in section 3(b)— ‘‘(II) includes the Inspector General of an ‘‘(ii) in the communication, the covered of-
(A) by inserting ‘‘(1)(A)’’ after ‘‘(b)’’; establishment, the Inspector General of the ficial includes a report on the determination
(B) in paragraph (1), as so designated— Intelligence Community, the Inspector Gen- described in clause (i), which shall include—
(i) in subparagraph (A), as so designated, in eral of the Central Intelligence Agency, the ‘‘(I) a specification of which clause of sec-
the second sentence— Special Inspector General for Afghanistan tion 6329b(b)(2)(A) of title 5, United States
(I) by striking ‘‘reasons’’ and inserting the Reconstruction, the Special Inspector Gen- Code, the covered official has determined ap-
following: ‘‘substantive rationale, including eral for the Troubled Asset Relief Program, plies under clause (i) of this subparagraph;
detailed and case-specific reasons,’’; and and the Special Inspector General for Pan- ‘‘(II) the substantive rationale, including
(II) by inserting ‘‘(including to the appro- demic Recovery; and detailed and case-specific reasons, for the de-
priate congressional committees)’’ after ‘‘(ii) a reference to the removal or transfer termination made under clause (i);
‘‘Houses of Congress’’; and of an Inspector General under paragraph (1), ‘‘(III) an identification of each entity that
(ii) by adding at the end the following: or to the written communication described is conducting, or that conducted, any in-
‘‘(B) If there is an open or completed in- in that paragraph, shall be considered to be— quiry upon which the determination under
quiry into an Inspector General that relates ‘‘(I) in the case of the Inspector General of clause (i) was made; and
to the removal or transfer of the Inspector the Intelligence Community, a reference to ‘‘(IV) in the case of an inquiry described in
General under subparagraph (A), the written section 103H(c)(4) of the National Security subclause (III) that is completed, the find-
communication required under that subpara- Act of 1947 (50 U.S.C. 3033(c)(4)); ings made during that inquiry.
graph shall— ‘‘(II) in the case of the Inspector General of ‘‘(C) A covered official may not place an
‘‘(i) identify each entity that is con- the Central Intelligence Agency, a reference Inspector General on non-duty status during
ducting, or that conducted, the inquiry; and to section 17(b)(6) of the Central Intelligence the 30-day period preceding the date on
‘‘(ii) in the case of a completed inquiry, Agency Act of 1949 (50 U.S.C. 3517(b)(6)); which the Inspector General is removed or
contain the findings made during the in- ‘‘(III) in the case of the Special Inspector transferred under paragraph (2)(A) unless the
quiry.’’; and General for Afghanistan Reconstruction, a covered official—
(C) by adding at the end the following: ‘‘(i) has made a determination that the
reference to section 1229(c)(6) of the National
‘‘(2)(A) Subject to the other provisions of continued presence of the Inspector General
this paragraph, only the President may place Defense Authorization Act for Fiscal Year
2008 (Public Law 110–181; 122 Stat. 378); in the workplace poses a threat described in
an Inspector General on non-duty status. any of clauses (i) through (iv) of section
‘‘(B) If the President places an Inspector ‘‘(IV) in the case of the Special Inspector
General for the Troubled Asset Relief Pro- 6329b(b)(2)(A) of title 5, United States Code;
General on non-duty status, the President
gram, a reference to section 121(b)(4) of the and
shall communicate in writing the sub-
Emergency Economic Stabilization Act of ‘‘(ii) not later than the date on which the
stantive rationale, including detailed and
case-specific reasons, for the change in sta- 2008 (12 U.S.C. 5231(b)(4)); and change in status takes effect, submits to
tus to both Houses of Congress (including to ‘‘(V) in the case of the Special Inspector both Houses of Congress (including to the ap-
the appropriate congressional committees) General for Pandemic Recovery, a reference propriate congressional committees) a writ-
not later than 15 days before the date on to section 4018(b)(3) of the CARES Act (15 ten communication that contains the infor-
which the change in status takes effect, ex- U.S.C. 9053(b)(3)).’’; and mation required under subparagraph (B), in-
cept that the President may submit that (2) in section 8G(e)— cluding the report required under clause (ii)
communication not later than the date on (A) in paragraph (1), by inserting ‘‘or place- of that subparagraph.
which the change in status takes effect if— ment on non-duty status’’ after ‘‘a removal’’; ‘‘(D) Nothing in this paragraph may be
‘‘(i) the President has made a determina- (B) in paragraph (2)— construed to limit or otherwise modify—
tion that the continued presence of the In- (i) by inserting ‘‘(A)’’ after ‘‘(2)’’; ‘‘(i) any statutory protection that is af-
spector General in the workplace poses a (ii) in subparagraph (A), as so designated, forded to an Inspector General; or
threat described in any of clauses (i) through in the first sentence— ‘‘(ii) any other action that a covered offi-
(iv) of section 6329b(b)(2)(A) of title 5, United (I) by striking ‘‘reasons’’ and inserting the cial may take under law with respect to an
States Code; and following: ‘‘substantive rationale, including Inspector General.’’.
‘‘(ii) in the communication, the President (b) TECHNICAL AND CONFORMING AMEND-
detailed and case-specific reasons,’’; and
MENT.—Section 12(3) of the Inspector General
includes a report on the determination de- (II) by inserting ‘‘(including to the appro-
scribed in clause (i), which shall include— Act of 1978 (5 U.S.C. App.) is amended by in-
priate congressional committees)’’ after
serting ‘‘except as otherwise expressly pro-
‘‘(I) a specification of which clause of sec- ‘‘Houses of Congress’’; and
vided,’’ before ‘‘the term’’.
tion 6329b(b)(2)(A) of title 5, United States (iii) by adding at the end the following:
SEC. 5113. VACANCY IN POSITION OF INSPECTOR
Code, the President has determined applies
‘‘(B) If there is an open or completed in- GENERAL.
under clause (i) of this subparagraph;
quiry into an Inspector General that relates (a) IN GENERAL.—Section 3 of the Inspector
‘‘(II) the substantive rationale, including
to the removal or transfer of the Inspector General Act of 1978 (5 U.S.C. App.) is amend-
detailed and case-specific reasons, for the de-
General under subparagraph (A), the written ed by adding at the end the following:
termination made under clause (i); ‘‘(h)(1) In this subsection—
‘‘(III) an identification of each entity that communication required under that subpara-
graph shall— ‘‘(A) the term ‘first assistant to the posi-
is conducting, or that conducted, any in- tion of Inspector General’ means, with re-
quiry upon which the determination under ‘‘(i) identify each entity that is con-
ducting, or that conducted, the inquiry; and spect to an Office of Inspector General—
clause (i) was made; and
‘‘(ii) in the case of a completed inquiry, ‘‘(i) an individual who, as of the day before
‘‘(IV) in the case of an inquiry described in
contain the findings made during the in- the date on which the Inspector General dies,
subclause (III) that is completed, the find-
quiry.’’; and resigns, or otherwise becomes unable to per-
ings made during that inquiry.
‘‘(C) The President may not place an In- (C) by adding at the end the following: form the functions and duties of that posi-
spector General on non-duty status during tion—
‘‘(3)(A) Subject to the other provisions of ‘‘(I) is serving in a position in that Office;
the 30-day period preceding the date on this paragraph, only the head of the applica-
which the Inspector General is removed or and
ble designated Federal entity (referred to in ‘‘(II) has been designated in writing by the
transferred under paragraph (1)(A) unless the this paragraph as the ‘covered official’) may
President— Inspector General, through an order of suc-
place an Inspector General on non-duty sta- cession or otherwise, as the first assistant to
‘‘(i) has made a determination that the tus.
continued presence of the Inspector General the position of Inspector General; or
in the workplace poses a threat described in ‘‘(B) If a covered official places an Inspec- ‘‘(ii) if the Inspector General has not made
any of clauses (i) through (iv) of section tor General on non-duty status, the covered a designation described in clause (i)(II)—
6329b(b)(2)(A) of title 5, United States Code; official shall communicate in writing the ‘‘(I) the Principal Deputy Inspector Gen-
and substantive rationale, including detailed and eral of that Office, as of the day before the
‘‘(ii) not later than the date on which the case-specific reasons, for the change in sta- date on which the Inspector General dies, re-
change in status takes effect, submits to tus to both Houses of Congress (including to signs, or otherwise becomes unable to per-
both Houses of Congress (including to the ap- the appropriate congressional committees) form the functions and duties of that posi-
propriate congressional committees) a writ- not later than 15 days before the date on tion; or
ten communication that contains the infor- which the change in status takes effect, ex- ‘‘(II) if there is no Principal Deputy Inspec-
mation required under subparagraph (B), in- cept that the covered official may submit tor General of that Office, the Deputy In-
that communication not later than the date spector General of that Office, as of the day
SSpencer on DSK126QN23PROD with SENATE
cluding the report required under clause (ii)
of that subparagraph. on which the change in status takes effect before the date on which the Inspector Gen-
‘‘(D) For the purposes of this paragraph— if— eral dies, resigns, or otherwise becomes un-
‘‘(i) the term ‘Inspector General’— ‘‘(i) the covered official has made a deter- able to perform the functions and duties of
‘‘(I) means an Inspector General who was mination that the continued presence of the that position; and
appointed by the President, without regard Inspector General in the workplace poses a ‘‘(B) the term ‘Inspector General’—
to whether the Senate provided advice and threat described in any of clauses (i) through ‘‘(i) means an Inspector General who is ap-
consent with respect to that appointment; (iv) of section 6329b(b)(2)(A) of title 5, United pointed by the President, by and with the ad-
and States Code; and vice and consent of the Senate; and
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S8394 CONGRESSIONAL RECORD — SENATE November 17, 2021
‘‘(ii) includes the Inspector General of an acting capacity, subject to the time limita- TITLE LII—PRESIDENTIAL EXPLANATION
establishment, the Inspector General of the tions of section 3346 of title 5, United States OF FAILURE TO NOMINATE AN INSPEC-
Intelligence Community, the Inspector Gen- Code, if— TOR GENERAL
eral of the Central Intelligence Agency, the ‘‘(i) that direction satisfies the require- SEC. 5121. PRESIDENTIAL EXPLANATION OF FAIL-
Special Inspector General for the Troubled ments under clauses (ii), (iii), and (iv) of URE TO NOMINATE AN INSPECTOR
Asset Relief Program, and the Special In- paragraph (2)(C); and GENERAL.
spector General for Pandemic Recovery. ‘‘(ii) that officer or employee served in a (a) IN GENERAL.—Subchapter III of chapter
‘‘(2) If an Inspector General dies, resigns, position in that Office of Inspector General 33 of title 5, United States Code, is amended
or is otherwise unable to perform the func- for not fewer than 90 of the 365 days pre- by inserting after section 3349d the fol-
tions and duties of the position— ceding the date on which the President lowing:
‘‘(A) section 3345(a) of title 5, United States makes that direction. ‘‘§ 3349e. Presidential explanation of failure
Code, and section 103(e) of the National Secu- to nominate an inspector general
rity Act of 1947 (50 U.S.C. 3025(e)) shall not ‘‘(4) An individual may perform the func-
tions and duties of an Inspector General tem- ‘‘If the President fails to make a formal
apply; nomination for a vacant inspector general
‘‘(B) subject to paragraph (4), the first as- porarily and in an acting capacity under sub-
paragraph (B) or (C) of paragraph (2), or position that requires a formal nomination
sistant to the position of Inspector General by the President to be filled within the pe-
shall perform the functions and duties of the under paragraph (3), with respect to only 1
Inspector General position at any given riod beginning on the later of the date on
Inspector General temporarily in an acting which the vacancy occurred or on which a
capacity subject to the time limitations of time.
nomination is rejected, withdrawn, or re-
section 3346 of title 5, United States Code; ‘‘(5) If the President makes a direction turned, and ending on the day that is 210
and under paragraph (2)(C), during the 30-day pe- days after that date, the President shall
‘‘(C) notwithstanding subparagraph (B), riod preceding the date on which the direc- communicate, within 30 days after the end of
and subject to paragraphs (4) and (5), the tion of the President takes effect, the func- such period and not later than June 1 of each
President (and only the President) may di- tions and duties of the position of the appli- year thereafter, to the appropriate congres-
rect an officer or employee of any Office of cable Inspector General shall be performed sional committees, as defined in section 12 of
an Inspector General to perform the func- by— the Inspector General Act of 1978 (5 U.S.C.
tions and duties of the Inspector General ‘‘(A) the first assistant to the position of App.)—
temporarily in an acting capacity subject to Inspector General; or ‘‘(1) the reasons why the President has not
the time limitations of section 3346 of title 5, ‘‘(B) the individual performing those func- yet made a formal nomination; and
United States Code, only if— tions and duties temporarily in an acting ca- ‘‘(2) a target date for making a formal
‘‘(i) during the 365-day period preceding the pacity, as of the date on which the President nomination.’’.
date of death, resignation, or beginning of issues that direction, if that individual is an (b) TECHNICAL AND CONFORMING AMEND-
inability to serve of the Inspector General, individual other than the first assistant to MENT.—The table of sections for subchapter
the officer or employee served in a position the position of Inspector General.’’. III of chapter 33 of title 5, United States
in an Office of an Inspector General for not (b) RULE OF CONSTRUCTION.—Nothing in the Code, is amended by inserting after the item
less than 90 days, except that— amendment made by subsection (a) may be relating to section 3349d the following:
‘‘(I) the requirement under this clause construed to limit the applicability of sec- ‘‘3349e. Presidential explanation of failure to
shall not apply if the officer is an Inspector tions 3345 through 3349d of title 5, United nominate an Inspector Gen-
General; and States Code (commonly known as the ‘‘Fed- eral.’’.
‘‘(II) for the purposes of this subparagraph, eral Vacancies Reform Act of 1998’’), other (c) EFFECTIVE DATE.—The amendment
performing the functions and duties of an In- than with respect to section 3345(a) of that made by subsection (a) shall take effect—
spector General temporarily in an acting ca- title. (1) on the date of enactment of this Act
pacity does not qualify as service in a posi- with respect to any vacancy first occurring
tion in an Office of an Inspector General; (c) EFFECTIVE DATE.— on or after that date; and
‘‘(ii) the rate of pay for the position of the (1) DEFINITION.—In this subsection, the (2) on the day that is 210 days after the
officer or employee described in clause (i) is term ‘‘Inspector General’’ has the meaning date of enactment of this Act with respect to
equal to or greater than the minimum rate given the term in subsection (h)(1)(B) of sec- any vacancy that occurred before the date of
of pay payable for a position at GS–15 of the tion 3 of the Inspector General Act of 1978 (5 enactment of this Act.
General Schedule; U.S.C. App.), as added by subsection (a) of
TITLE LIII—INTEGRITY COMMITTEE OF
‘‘(iii) the officer or employee has dem- this section.
THE COUNCIL OF INSPECTORS GEN-
onstrated ability in accounting, auditing, fi- (2) APPLICABILITY.—
ERAL ON INTEGRITY AND EFFICIENCY
nancial analysis, law, management analysis, (A) IN GENERAL.—Except as provided in
TRANSPARENCY
public administration, or investigations; and subparagraph (B), this section, and the
SEC. 5131. SHORT TITLE.
‘‘(iv) not later than 30 days before the date amendments made by this section, shall take
effect on the date of enactment of this Act. This title may be cited as the ‘‘Integrity
on which the direction takes effect, the Committee Transparency Act of 2021’’.
President communicates in writing to both (B) EXISTING VACANCIES.—If, as of the date
of enactment of this Act, an individual is SEC. 5132. ADDITIONAL INFORMATION TO BE IN-
Houses of Congress (including to the appro- CLUDED IN REQUESTS AND RE-
priate congressional committees) the sub- performing the functions and duties of an In- PORTS TO CONGRESS.
stantive rationale, including the detailed spector General temporarily in an acting ca- Section 11(d) of the Inspector General Act
and case-specific reasons, for such direction, pacity, this section, and the amendments of 1978 (5 U.S.C. App.) is amended—
including the reason for the direction that made by this section, shall take effect with (1) in paragraph (5)(B)(ii), by striking the
someone other than the individual who is respect to that Inspector General position on period at the end and inserting ‘‘, the length
performing the functions and duties of the the date that is 30 days after the date of en- of time the Integrity Committee has been
Inspector General temporarily in an acting actment of this Act. evaluating the allegation of wrongdoing, and
capacity (as of the date on which the Presi- SEC. 5114. OFFICE OF INSPECTOR GENERAL a description of any previous written notice
dent issues that direction) perform those WHISTLEBLOWER COMPLAINTS. provided under this clause with respect to
functions and duties temporarily in an act- the allegation of wrongdoing, including the
(a) WHISTLEBLOWER PROTECTION COORDI-
ing capacity. description provided for why additional time
NATOR.—Section 3(d)(1)(C) of the Inspector
‘‘(3) Notwithstanding section 3345(a) of was needed.’’; and
title 5, United States Code, section 103(e) of General Act of 1978 (5 U.S.C. App.) is amend-
ed— (2) in paragraph (8)(A)(ii), by inserting ‘‘or
the National Security Act of 1947 (50 U.S.C. corrective action’’ after ‘‘disciplinary ac-
3025(e)), and subparagraphs (B) and (C) of (1) in clause (i), in the matter preceding
subclause (I), by inserting ‘‘, including em- tion’’.
paragraph (2), and subject to paragraph (4), SEC. 5133. AVAILABILITY OF INFORMATION TO
during any period in which an Inspector Gen- ployees of that Office of Inspector General’’
CONGRESS ON CERTAIN ALLEGA-
eral is on non-duty status— after ‘‘employees’’; and
TIONS OF WRONGDOING CLOSED
‘‘(A) the first assistant to the position of (2) in clause (iii), by inserting ‘‘(including WITHOUT REFERRAL.
Inspector General shall perform the func- the Integrity Committee of that Council)’’ Section 11(d)(5)(B) of the Inspector General
tions and duties of the position temporarily after ‘‘and Efficiency’’. Act of 1978 (5 U.S.C. App.) is amended by add-
in an acting capacity subject to the time (b) COUNCIL OF THE INSPECTORS GENERAL ON ing at the end the following:
limitations of section 3346 of title 5, United INTEGRITY AND EFFICIENCY.—Section ‘‘(iii) AVAILABILITY OF INFORMATION TO CON-
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States Code; and 11(c)(5)(B) of the Inspector General Act of GRESS ON CERTAIN ALLEGATIONS OF WRONG-
‘‘(B) if the first assistant described in sub- 1978 (5 U.S.C. App.) is amended by striking ‘‘, DOING CLOSED WITHOUT REFERRAL.—
paragraph (A) dies, resigns, or becomes oth- allegations of reprisal,’’ and inserting the ‘‘(I) IN GENERAL.—With respect to an alle-
erwise unable to perform those functions and following: ‘‘and allegations of reprisal (in- gation of wrongdoing made by a member of
duties, the President (and only the Presi- cluding the timely and appropriate handling Congress that is closed by the Integrity
dent) may direct an officer or employee in and consideration of protected disclosures Committee without referral to the Chair-
that Office of Inspector General to perform and allegations of reprisal that are internal person of the Integrity Committee to ini-
those functions and duties temporarily in an to an Office of Inspector General)’’. tiate an investigation, the Chairperson of
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8395
the Integrity Committee shall, not later when receiving, evaluating, investigating, or tion 17 of the Central Intelligence Agency
than 60 days after closing the allegation of referring for investigation an allegation re- Act of 1949 (50 U.S.C. 3517);
wrongdoing, provide a written description of ceived by the Integrity Committee, includ- ‘‘(ii) the Inspector General of the Intel-
the nature of the allegation of wrongdoing ing a brief description of— ligence Community established under sec-
and how the Integrity Committee evaluated ‘‘(i) any attempt to prevent or hinder an tion 103H of the National Security Act of 1947
the allegation of wrongdoing to— investigation; or (50 U.S.C. 3033);
‘‘(aa) the Chair and Ranking Minority ‘‘(ii) concerns about the integrity or oper- ‘‘(iii) the Special Inspector General for Af-
Member of the Committee on Homeland Se- ations at an Office of Inspector General. ghanistan Reconstruction established under
curity and Governmental Affairs of the Sen- ‘‘(J) Other matters that the Council con- section 1229 of the National Defense Author-
ate; and siders appropriate.’’. ization Act for Fiscal Year 2008 (Public Law
‘‘(bb) the Chair and Ranking Minority SEC. 5135. ADDITIONAL REPORTS. 110–181; 122 Stat. 379);
Member of the Committee on Oversight and Section 5 of the Inspector General Act of ‘‘(iv) the Special Inspector General for the
Reform of the House of Representatives. 1978 (5 U.S.C. App.) is amended— Troubled Asset Relief Plan established under
‘‘(II) REQUIREMENT TO FORWARD.—The (1) by redesignating subsections (e) and (f) section 121 of the Emergency Economic Sta-
Chairperson of the Integrity Committee as subsections (g) and (h), respectively; and bilization Act of 2008 (12 U.S.C. 5231); and
shall forward any written description or up- (2) by inserting after subsection (d) the fol- ‘‘(v) the Special Inspector General for Pan-
date provided under this clause to the mem- lowing: demic Recovery established under section
bers of the Integrity Committee and to the ‘‘(e) ADDITIONAL REPORTS.— 4018 of the CARES Act (15 U.S.C. 9053); and
Chairperson of the Council.’’. ‘‘(1) REPORT TO INSPECTOR GENERAL.—The ‘‘(3) the term ‘Subpoena Panel’ means the
SEC. 5134. SEMIANNUAL REPORT. Chairperson of the Integrity Committee of panel to which requests for approval to issue
Section 11(d)(9) of the Inspector General the Council of the Inspectors General on In- a subpoena are submitted under subsection
Act of 1978 (5 U.S.C. App.) is amended to read tegrity and Efficiency shall, immediately (e).
as follows: whenever the Chairperson of the Integrity ‘‘(b) TESTIMONIAL SUBPOENA AUTHORITY.—
‘‘(9) SEMIANNUAL REPORT.—On or before Committee becomes aware of particularly se- ‘‘(1) IN GENERAL.—In addition to the au-
May 31, 2022, and every 6 months thereafter, rious or flagrant problems, abuses, or defi- thority otherwise provided by this Act and
the Council shall submit to Congress and the ciencies relating to the administration of in accordance with the requirements of this
President a report on the activities of the In- programs and operations of an Office of In- section, each Inspector General, in carrying
tegrity Committee during the immediately spector General for which the Integrity Com- out the provisions of this Act or the provi-
preceding 6-month periods ending March 31 mittee may receive, review, and refer for in- sions of the authorizing statute of the In-
and September 30, which shall include the vestigation allegations of wrongdoing under spector General, as applicable, is authorized
following with respect to allegations of section 11(d), submit a report to the Inspec- to require by subpoena the attendance and
wrongdoing that are made against Inspectors tor General who leads the Office at which the testimony of witnesses as necessary in the
General and staff members of the various Of- serious or flagrant problems, abuses, or defi- performance of an audit, inspection, evalua-
fices of Inspector General described in para- ciencies were alleged. tion, or investigation, which subpoena, in
graph (4)(C): ‘‘(2) REPORT TO PRESIDENT, CONGRESS, AND the case of contumacy or refusal to obey,
‘‘(A) An overview and analysis of the alle- THE ESTABLISHMENT.—Not later than 7 days shall be enforceable by order of any appro-
gations of wrongdoing disposed of by the In- after the date on which an Inspector General priate United States district court.
tegrity Committee, including— receives a report submitted under paragraph ‘‘(2) PROHIBITION.—An Inspector General
‘‘(i) analysis of the positions held by indi- (1), the Inspector General shall submit to the may not require by subpoena the attendance
viduals against whom allegations were made, President, the appropriate congressional and testimony of a Federal employee or em-
including the duties affiliated with such po- committees, and the head of the establish- ployee of a designated Federal entity, but
sitions; ment— may use other authorized procedures.
‘‘(ii) analysis of the categories or types of ‘‘(A) the report received under paragraph ‘‘(3) DETERMINATION BY INSPECTOR GEN-
the allegations of wrongdoing; and (1); and ERAL.—The determination of whether a mat-
‘‘(iii) a summary of disposition of all the ‘‘(B) a report by the Inspector General con- ter constitutes an audit, inspection, evalua-
allegations. taining any comments the Inspector General tion, or investigation shall be at the discre-
‘‘(B) The number of allegations received by determines appropriate.’’. tion of the applicable Inspector General.
the Integrity Committee. SEC. 5136. REQUIREMENT TO REPORT FINAL DIS- ‘‘(c) LIMITATION ON DELEGATION.—The au-
‘‘(C) The number of allegations referred to POSITION TO CONGRESS. thority to issue a subpoena under subsection
the Department of Justice or the Office of Section 11(d)(8)(B) of the Inspector General (b) may only be delegated to an official per-
Special Counsel, including the number of al- Act of 1978 (5 U.S.C. App.) is amended by in- forming the functions and duties of an In-
legations referred for criminal investigation. serting ‘‘and the appropriate congressional spector General when the Inspector General
‘‘(D) The number of allegations referred to committees’’ after ‘‘Integrity Committee’’. position is vacant or when the Inspector
the Chairperson of the Integrity Committee SEC. 5137. INVESTIGATIONS OF OFFICES OF IN- General is unable to perform the functions
for investigation, a general description of SPECTORS GENERAL OF ESTABLISH- and duties of the Office of the Inspector Gen-
MENTS BY THE INTEGRITY COM- eral.
the status of such investigations, and a sum- MITTEE.
mary of the findings of investigations com- ‘‘(d) NOTICE TO ATTORNEY GENERAL.—
Section 11(d)(7)(B)(i)(V) of the Inspector
pleted. ‘‘(1) IN GENERAL.—Not less than 10 days be-
General Act of 1978 (5 U.S.C. App.) is amend-
‘‘(E) An overview and analysis of allega- fore submitting a request for approval to
ed by inserting ‘‘, and that an investigation
tions of wrongdoing received by the Integ- issue a subpoena to the Subpoena Panel
of an Office of Inspector General of an estab-
rity Committee during any previous report- under subsection (e), an Inspector General
lishment is conducted by another Office of
ing period, but remained pending during shall—
Inspector General of an establishment’’ after
some part of the six months covered by the ‘‘(A) notify the Attorney General of the
‘‘size’’.
report, including— plan of the Inspector General to issue the
‘‘(i) analysis of the positions held by indi- TITLE LIV—TESTIMONIAL SUBPOENA subpoena; and
viduals against whom allegations were made, AUTHORITY FOR INSPECTORS GENERAL ‘‘(B) take into consideration any informa-
including the duties affiliated with such po- SEC. 5141. SHORT TITLE. tion provided by the Attorney General relat-
sitions; This title may be cited as the ‘‘IG Testi- ing to the subpoena.
‘‘(ii) analysis of the categories or types of monial Subpoena Authority Act’’. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in
the allegations of wrongdoing; and SEC. 5142. ADDITIONAL AUTHORITY PROVISIONS this subsection may be construed to prevent
‘‘(iii) a summary of disposition of all the FOR INSPECTORS GENERAL. an Inspector General from submitting to the
allegations. The Inspector General Act of 1978 (5 U.S.C. Subpoena Panel under subsection (e) a re-
‘‘(F) The number and category or type of App.) is amended— quest for approval to issue a subpoena if 10
pending investigations. (1) by inserting after section 6 the fol- or more days have elapsed since the date on
‘‘(G) For each allegation received— lowing: which the Inspector General submits to the
‘‘(i) the date on which the investigation ‘‘SEC. 6A. ADDITIONAL AUTHORITY. Attorney General the notification required
was opened; ‘‘(a) DEFINITIONS.—In this section— under paragraph (1)(A) with respect to that
‘‘(ii) the date on which the allegation was ‘‘(1) the term ‘Chairperson’ means the subpoena.
disposed of, as applicable; and Chairperson of the Council of the Inspectors ‘‘(e) PANEL REVIEW BEFORE ISSUANCE.—
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‘‘(iii) the case number associated with the General on Integrity and Efficiency; ‘‘(1) APPROVAL REQUIRED.—
allegation. ‘‘(2) the term ‘Inspector General’— ‘‘(A) REQUEST FOR APPROVAL BY SUBPOENA
‘‘(H) The nature and number of allegations ‘‘(A) means an Inspector General of an es- PANEL.—Before the issuance of a subpoena
to the Integrity Committee closed without tablishment or a designated Federal entity described in subsection (b), an Inspector Gen-
referral, including the justification for why (as defined in section 8G(a)); and eral shall submit to a panel a request for ap-
each allegation was closed without referral. ‘‘(B) includes— proval to issue the subpoena, which shall in-
‘‘(I) A brief description of any difficulty ‘‘(i) the Inspector General of the Central clude a determination by the Inspector Gen-
encountered by the Integrity Committee Intelligence Agency established under sec- eral that—
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S8396 CONGRESSIONAL RECORD — SENATE November 17, 2021
‘‘(i) the testimony is likely to be reason- ernmental Affairs of the Senate, the Com- (2) a review of subpoenas issued by inspec-
ably relevant to the audit, inspection, eval- mittee on Oversight and Reform of the House tors general on and after the date of enact-
uation, or investigation for which the sub- of Representatives, and the Comptroller Gen- ment of this Act to evaluate compliance
poena is sought; and eral of the United States a report on the use with this Act by the respective inspector
‘‘(ii) the information to be sought cannot of subpoenas described in subsection (b) in general, the Subpoena Panel, and the Coun-
be reasonably obtained through other means. any audit, inspection, evaluation, or inves- cil of the Inspectors General on Integrity
‘‘(B) COMPOSITION OF SUBPOENA PANEL.— tigation that concluded during the imme- and Efficiency; and
‘‘(i) IN GENERAL.—Subject to clauses (ii) diately preceding 6-month periods ending (3) any additional analysis, evaluation, or
and (iii), a Subpoena Panel shall be com- March 31 and September 30, which shall in- recommendation based on observations or in-
prised of 3 inspectors general appointed by clude— formation gathered by the Comptroller Gen-
the President and confirmed by the Senate, ‘‘(1) a list of each Inspector General that eral of the United States during the course
who shall be randomly drawn by the Chair- has submitted a request for approval of a of the review.
person or a designee of the Chairperson from subpoena to the Subpoena Panel;
a pool of all such inspectors general. ‘‘(2) for each applicable Inspector General, TITLE LV—INVESTIGATIONS OF
‘‘(ii) CLASSIFIED INFORMATION.—If consider- the number of subpoenas submitted to the DEPARTMENT OF JUSTICE PERSONNEL
ation of a request for a subpoena submitted Subpoena Panel, approved by the Subpoena SEC. 5151. SHORT TITLE.
under subparagraph (A) would require access Panel, and disapproved by the Subpoena
to classified information, the Chairperson or Panel; This title may be cited as the ‘‘Inspector
a designee of the Chairperson may limit the ‘‘(3) for each subpoena submitted to the General Access Act of 2021’’.
pool of inspectors general described in clause Subpoena Panel for approval— SEC. 5152. INVESTIGATIONS OF DEPARTMENT OF
(i) to appropriately cleared inspectors gen- ‘‘(A) an anonymized description of the indi- JUSTICE PERSONNEL.
eral. vidual or organization to whom the subpoena
‘‘(iii) CONFIRMATION OF AVAILABILITY.—If an was directed; Section 8E of the Inspector General Act of
inspector general drawn from the pool de- ‘‘(B) the date on which the subpoena re- 1978 (5 U.S.C. App.) is amended—
scribed in clause (i) does not confirm their quest was sent to the Attorney General, the (1) in subsection (b)—
availability to serve on the Subpoena Panel date on which the Attorney General re- (A) in paragraph (2), by striking ‘‘and para-
within 24 hours of receiving a notification sponded, and whether the Attorney General graph (3)’’;
from the Chairperson or a designee of the provided information regarding the subpoena (B) by striking paragraph (3);
Chairperson regarding selection for the Sub- request, including whether the Attorney (C) by redesignating paragraphs (4) and (5)
poena Panel, the Chairperson or a designee General opposed issuance of the proposed as paragraphs (3) and (4), respectively; and
of the Chairperson may randomly draw a subpoena; (D) in paragraph (4), as redesignated, by
new inspector general from the pool to serve ‘‘(C) the members of the Subpoena Panel striking ‘‘paragraph (4)’’ and inserting
on the Subpoena Panel. considering the subpoena; ‘‘paragraph (3)’’; and
‘‘(C) CONTENTS OF REQUEST.—The request ‘‘(D) the date on which the subpoena re- (2) in subsection (d), by striking ‘‘, except
described in subparagraph (A) shall include quest was sent to the Subpoena Panel, the with respect to allegations described in sub-
any information provided by the Attorney date on which the Subpoena Panel approved section (b)(3),’’.
General related to the subpoena, which the or disapproved the subpoena request, and the
Attorney General requests that the Sub- TITLE LVI—NOTICE OF ONGOING INVES-
decision of the Subpoena Panel; and TIGATIONS WHEN THERE IS A CHANGE
poena Panel consider. ‘‘(E) the date on which the subpoena was
‘‘(D) PROTECTION FROM DISCLOSURE.— IN STATUS OF INSPECTOR GENERAL
issued, if approved; and
‘‘(i) IN GENERAL.—The information con- ‘‘(4) any other information the Council of SEC. 5161. NOTICE OF ONGOING INVESTIGATIONS
tained in a request submitted by an Inspec- the Inspectors General on Integrity and Effi- WHEN THERE IS A CHANGE IN STA-
tor General under subparagraph (A) and the ciency considers appropriate to include.
TUS OF INSPECTOR GENERAL.
identification of a witness shall be protected ‘‘(g) TRAINING AND STANDARDS.—The Coun- Section 5 of the Inspector General Act of
from disclosure to the extent permitted by cil of the Inspectors General on Integrity 1978 (5 U.S.C. App.) is amended by inserting
law. and Efficiency, in consultation with the At- after subsection (e), as added by section 5135
‘‘(ii) REQUEST FOR DISCLOSURE.—Any re- torney General, shall promulgate standards of this division, the following:
quest for disclosure of the information de- and provide training relating to the issuance
scribed in clause (i) shall be submitted to the ‘‘(f) Not later than 15 days after an Inspec-
of subpoenas, conflicts of interest, and any
Inspector General requesting the subpoena. tor General is removed, placed on paid or un-
other matter the Council determines nec-
‘‘(2) TIME TO RESPOND.— paid non-duty status, or transferred to an-
essary to carry out this section.
‘‘(A) IN GENERAL.—Except as provided in ‘‘(h) APPLICABILITY.—The provisions of this other position or location within an estab-
subparagraph (B), the Subpoena Panel shall section shall not affect the exercise of au- lishment, the officer or employee performing
approve or deny a request for approval to thority by an Inspector General of testi- the functions and duties of the Inspector
issue a subpoena submitted under paragraph monial subpoena authority established under General temporarily in an acting capacity
(1) not later than 10 days after the submis- another provision of law. shall submit to the Committee on Homeland
sion of the request. ‘‘(i) TERMINATION.—The authorities pro- Security and Governmental Affairs of the
‘‘(B) ADDITIONAL INFORMATION FOR PANEL.— vided under subsection (b) shall terminate on Senate and the Committee on Oversight and
If the Subpoena Panel determines that addi- January 1, 2027, provided that this subsection Reform of the House of Representatives in-
tional information is necessary to approve or shall not affect the enforceability of a sub- formation regarding work being conducted
deny a request for approval to issue a sub- poena issued on or before December 31, by the Office as of the date on which the In-
poena submitted by an Inspector General 2026.’’; spector General was removed, placed on paid
under paragraph (1), the Subpoena Panel (2) in section 5(a), as amended by section or unpaid non-duty status, or transferred,
shall— 903 of this Act— which shall include—
‘‘(i) request that information; and (A) in paragraph (16)(B), as so redesignated, ‘‘(1) for each investigation—
‘‘(ii) approve or deny the request for ap- by striking the period at the end and insert- ‘‘(A) the type of alleged offense;
proval submitted by the Inspector General ing ‘‘; and’’; and ‘‘(B) the fiscal quarter in which the Office
not later than 20 days after the Subpoena (B) by adding at the end the following: initiated the investigation;
Panel submits the request for information ‘‘(17) a description of the use of subpoenas ‘‘(C) the relevant Federal agency, includ-
under clause (i). for the attendance and testimony of certain ing the relevant component of that Federal
‘‘(3) APPROVAL BY PANEL.—If all members witnesses authorized under section 6A.’’; and agency for any Federal agency listed in sec-
of the Subpoena Panel unanimously approve (3) in section 8G(g)(1), by inserting ‘‘6A,’’ tion 901(b) of title 31, United States Code,
a request for approval to issue a subpoena before ‘‘and 7’’. under investigation or affiliated with the in-
submitted by an Inspector General under SEC. 5143. REVIEW BY THE COMPTROLLER GEN- dividual or entity under investigation; and
paragraph (1), the Inspector General may ERAL. ‘‘(D) whether the investigation is adminis-
issue the subpoena. Not later than January 1, 2026, the Comp- trative, civil, criminal, or a combination
‘‘(4) NOTICE TO COUNCIL AND ATTORNEY GEN- troller General of the United States shall thereof, if known; and
ERAL.—Upon issuance of a subpoena by an In- submit to the appropriate congressional ‘‘(2) for any work not described in para-
spector General under subsection (b), the In- committees a report reviewing the use of tes- graph (1)—
timonial subpoena authority, which shall in- ‘‘(A) a description of the subject matter
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spector General shall provide contempora-
neous notice of such issuance to the Chair- clude— and scope;
person or a designee of the Chairperson and (1) a summary of the information included ‘‘(B) the relevant agency, including the rel-
to the Attorney General. in the semiannual reports to Congress under evant component of that Federal agency,
‘‘(f) SEMIANNUAL REPORTING.—On or before section 6A(f) of the Inspector General Act of under review;
May 31, 2022, and every 6 months thereafter, 1978 (5 U.S.C. App.), as added by this title, in- ‘‘(C) the date on which the Office initiated
the Council of the Inspectors General on In- cluding an analysis of any patterns and the work; and
tegrity and Efficiency shall submit to the trends identified in the use of the authority ‘‘(D) the expected time frame for comple-
Committee on Homeland Security and Gov- during the reporting period; tion.’’.
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8397
TITLE LVII—COUNCIL OF THE INSPEC- the Congress’’ and inserting ‘‘the appropriate and inserting ‘‘the appropriate congressional
TORS GENERAL ON INTEGRITY AND EF- congressional committees, including the committees’’; and
FICIENCY REPORT ON EXPENDITURES Committee on Armed Services of the Senate (ii) by striking subparagraph (C);
SEC. 5171. CIGIE REPORT ON EXPENDITURES. and the Committee on Armed Services of the (7) in section 8I—
Section 11(c)(3) of the Inspector General House of Representatives’’; and (A) in subsection (a)(3), in the matter pre-
Act of 1978 (5 U.S.C. App.) is amended by add- (ii) in paragraph (4), by striking ‘‘and to ceding subparagraph (A), by striking ‘‘com-
ing at the end the following: other appropriate committees or subcommit- mittees and subcommittees of Congress’’ and
‘‘(D) REPORT ON EXPENDITURES.—Not later tees’’; and inserting ‘‘congressional committees’’; and
(B) in subsection (f)— (B) in subsection (d), by striking ‘‘commit-
than November 30 of each year, the Chair-
(i) in paragraph (1), by striking ‘‘the Com- tees and subcommittees of Congress’’ each
person shall submit to the appropriate com-
mittees on Armed Services and on Homeland place it appears and inserting ‘‘congressional
mittees or subcommittees of Congress, in-
Security and Governmental Affairs of the committees’’;
cluding the Committee on Appropriations of
Senate and the Committees on Armed Serv- (8) in section 8N(b), by striking ‘‘commit-
the Senate and the Committee on Appropria-
ices and on Oversight and Government Re- tees of Congress’’ and inserting ‘‘congres-
tions of the House of Representatives, a re-
form of the House of Representatives and to sional committees’’;
port on the expenditures of the Council for
other appropriate committees or subcommit- (9) in section 11—
the preceding fiscal year, including from di-
tees of Congress’’ and inserting ‘‘the appro- (A) in subsection (b)(3)(B)(viii)—
rect appropriations to the Council, inter-
priate congressional committees, including (i) by striking subclauses (III) and (IV);
agency funding pursuant to subparagraph the Committee on Armed Services of the
(A), a revolving fund pursuant to subpara- (ii) in subclause (I), by adding ‘‘and’’ at the
Senate and the Committee on Armed Serv- end; and
graph (B), or any other source.’’. ices of the House of Representatives’’; and (iii) by amending subclause (II) to read as
TITLE LVIII—NOTICE OF REFUSAL TO (ii) in paragraph (2), by striking ‘‘commit- follows:
PROVIDE INSPECTORS GENERAL ACCESS tees or subcommittees of the Congress’’ and ‘‘(II) the appropriate congressional com-
SEC. 5181. NOTICE OF REFUSAL TO PROVIDE IN- inserting ‘‘congressional committees’’; mittees.’’; and
FORMATION OR ASSISTANCE TO IN- (4) in section 8D— (B) in subsection (d)(8)(A)(iii), by striking
SPECTORS GENERAL. (A) in subsection (a)(3), by striking ‘‘Com- ‘‘to the’’ and all that follows through ‘‘juris-
Section 6(c) of the Inspector General Act of mittees on Governmental Affairs and Fi- diction’’ and inserting ‘‘to the appropriate
1978 (5 U.S.C. App.) is amended by adding at nance of the Senate and the Committees on congressional committees’’; and
the end the following: Government Operations and Ways and Means (10) in section 12—
‘‘(3) If the information or assistance that is of the House of Representatives, and to other (A) in paragraph (4), by striking ‘‘and’’ at
the subject of a report under paragraph (2) is appropriate committees or subcommittees of the end;
not provided to the Inspector General by the the Congress’’ and inserting ‘‘appropriate (B) in paragraph (5), by striking the period
date that is 30 days after the report is made, congressional committees, including the at the end and inserting ‘‘; and’’; and
the Inspector General shall submit a notice Committee on Finance of the Senate and the (C) by adding at the end the following:
that the information or assistance requested Committee on Ways and Means of the House ‘‘(6) the term ‘appropriate congressional
has not been provided by the head of the es- of Representatives’’; and
committees’ means—
tablishment involved or the head of the Fed- (B) in subsection (g)—
‘‘(A) the Committee on Homeland Security
eral agency involved, as applicable, to the (i) in paragraph (1)—
and Governmental Affairs of the Senate;
appropriate congressional committees.’’. (I) by striking ‘‘committees or subcommit-
‘‘(B) the Committee on Oversight and Re-
TITLE LIX—TRAINING RESOURCES FOR tees of the Congress’’ and inserting ‘‘congres-
form of the House of Representatives; and
INSPECTORS GENERAL AND OTHER sional committees’’; and
‘‘(C) any other relevant congressional com-
MATTERS (II) by striking ‘‘Committees on Govern-
mittee or subcommittee of jurisdiction.’’.
mental Affairs and Finance of the Senate
SEC. 5191. TRAINING RESOURCES FOR INSPEC- and the Committees on Government Reform SEC. 5193. SEMIANNUAL REPORTS.
TORS GENERAL. The Inspector General Act of 1978 (5 U.S.C.
and Oversight and Ways and Means of the
Section 11(c)(1) of the Inspector General House of Representatives’’ and inserting App.) is amended—
Act of 1978 (5 U.S.C. App.) is amended— ‘‘Committee on Finance of the Senate and (1) in section 4(a)(2)—
(1) by redesignating subparagraphs (E) the Committee on Ways and Means of the (A) by inserting ‘‘, including’’ after ‘‘to
through (I) as subparagraphs (F) through (J), House of Representatives’’; and make recommendations’’; and
respectively; and (ii) in paragraph (2), by striking ‘‘commit- (B) by inserting a comma after ‘‘section
(2) by inserting after subparagraph (D) the tees or subcommittees of Congress’’ and in- 5(a)’’;
following: serting ‘‘congressional committees’’; (2) in section 5—
‘‘(E) support the professional development (5) in section 8E— (A) in subsection (a)—
of Inspectors General, including by providing (A) in subsection (a)(3), by striking ‘‘Com- (i) by striking paragraphs (1) through (12)
training opportunities on the duties, respon- mittees on Governmental Affairs and Judici- and inserting the following:
sibilities, and authorities under this Act and ary of the Senate and the Committees on ‘‘(1) a description of significant problems,
on topics relevant to Inspectors General and Government Operations and Judiciary of the abuses, and deficiencies relating to the ad-
the work of Inspectors General, as identified House of Representatives, and to other ap- ministration of programs and operations of
by Inspectors General and the Council.’’. propriate committees or subcommittees of the establishment and associated reports and
SEC. 5192. DEFINITION OF APPROPRIATE CON- the Congress’’ and inserting ‘‘appropriate recommendations for corrective action made
GRESSIONAL COMMITTEES. congressional committees, including the by the Office;
The Inspector General Act of 1978 (5 U.S.C. Committee on the Judiciary of the Senate ‘‘(2) an identification of each recommenda-
App.) is amended— and the Committee on the Judiciary of the tion made before the reporting period, for
(1) in section 5— House of Representatives’’; and which corrective action has not been com-
(A) in subsection (b), in the matter pre- (B) in subsection (c)— pleted, including the potential costs savings
ceding paragraph (1), by striking ‘‘commit- (i) by striking ‘‘committees or subcommit- associated with the recommendation;
tees or subcommittees of the Congress’’ and tees of the Congress’’ and inserting ‘‘congres- ‘‘(3) a summary of significant investiga-
inserting ‘‘congressional committees’’; and sional committees’’; and tions closed during the reporting period;
(B) in subsection (d), by striking ‘‘commit- (ii) by striking ‘‘Committees on the Judici- ‘‘(4) an identification of the total number
tees or subcommittees of Congress’’ and in- ary and Governmental Affairs of the Senate of convictions during the reporting period re-
serting ‘‘congressional committees’’; and the Committees on the Judiciary and sulting from investigations;
(2) in section 6(h)(4)— Government Operations of the House of Rep- ‘‘(5) information regarding each audit, in-
(A) in subparagraph (B), by striking ‘‘Gov- resentatives’’ and inserting ‘‘Committee on spection, or evaluation report issued during
ernment’’; and the Judiciary of the Senate and the Com- the reporting period, including—
(B) by amending subparagraph (C) to read mittee on the Judiciary of the House of Rep- ‘‘(A) a listing of each audit, inspection, or
as follows: resentatives’’; evaluation;
‘‘(C) Any other relevant congressional (6) in section 8G— ‘‘(B) if applicable, the total dollar value of
committee or subcommittee of jurisdic- (A) in subsection (d)(2)(E), in the matter questioned costs (including a separate cat-
tion.’’; preceding clause (i), by inserting ‘‘the appro- egory for the dollar value of unsupported
(3) in section 8— priate congressional committees, including’’ costs) and the dollar value of recommenda-
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(A) in subsection (b)— after ‘‘are’’; and tions that funds be put to better use, includ-
(i) in paragraph (3), by striking ‘‘the Com- (B) in subsection (f)(3)— ing whether a management decision had been
mittees on Armed Services and Govern- (i) in subparagraph (A)(iii), by striking made by the end of the reporting period;
mental Affairs of the Senate and the Com- ‘‘Committee on Governmental Affairs of the ‘‘(6) information regarding any manage-
mittee on Armed Services and the Com- Senate and the Committee on Government ment decision made during the reporting pe-
mittee on Government Reform and Oversight Reform and Oversight of the House of Rep- riod with respect to any audit, inspection, or
of the House of Representatives and to other resentatives, and to other appropriate com- evaluation issued during a previous report-
appropriate committees or subcommittees of mittees or subcommittees of the Congress’’ ing period;’’;
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S8398 CONGRESSIONAL RECORD — SENATE November 17, 2021
(ii) by redesignating paragraphs (13) (ii) by redesignating paragraph (4) as para- tor General during the creation of the audit,
through (22) as paragraphs (7) through (16), graph (3); evaluation, inspection, or non-investigative
respectively; (iii) in paragraph (3), as so redesignated, by report.
(iii) by amending paragraph (13), as so re- striking ‘‘subsection (a)(20)(A)’’ and insert- ‘‘(C) An Inspector General shall review any
designated, to read as follows: ing ‘‘subsection (a)(14)(A)’’; and written response received under subpara-
‘‘(13) a report on each investigation con- (iv) by striking paragraph (5) and inserting graph (A) for the purpose of preventing the
ducted by the Office where allegations of the following: improper disclosure of classified information
misconduct were substantiated, including ‘‘(4) a statement explaining why final ac- or other non-public information, consistent
the name of the senior Government em- tion has not been taken with respect to each with applicable laws, rules, and regulations,
ployee, if already made public by the Office, audit, inspection, and evaluation report in and, if necessary, redact such information.’’.
and a detailed description of— which a management decision has been made (b) RETROACTIVE APPLICABILITY.—During
‘‘(A) the facts and circumstances of the in- but final action has not yet been taken, ex- the 30-day period beginning on the date of
vestigation; and enactment of this Act—
cept that such statement—
‘‘(B) the status and disposition of the mat- (1) the amendment made by subsection (a)
‘‘(A) may exclude reports if—
ter, including— shall apply upon the request of a non-govern-
‘‘(i) a management decision was made
‘‘(i) if the matter was referred to the De- mental organization or business entity
within the preceding year; or
partment of Justice, the date of the referral; named in an audit, evaluation, inspection, or
‘‘(ii) the report is under formal administra-
and other non-investigative report prepared on
tive or judicial appeal or management of the
‘‘(ii) if the Department of Justice declined or after January 1, 2019; and
establishment has agreed to pursue a legisla-
the referral, the date of the declination;’’; (2) any written response submitted under
tive solution; and
and clause (iii) of section 5(g)(6)(A)of the Inspec-
‘‘(B) shall identify the number of reports in tor General Act of 1978 (5 U.S.C. App.), as
(iv) in paragraph (15), as so redesignated, each category so excluded.’’;
by striking subparagraphs (A) and (B) and in- added by subsection (a), with respect to such
(C) by redesignating subsection (h), as so an audit, evaluation, inspection, or other
serting the following: redesignated by section 305, as subsection (i);
‘‘(A) any attempt by the establishment to non-investigative report shall attach to the
and original report in the manner described in
interfere with the independence of the Office, (D) by inserting after subsection (g), as so
including— that clause.
redesignated by section 305, the following: SEC. 5195. REVIEW RELATING TO VETTING, PROC-
‘‘(i) with budget constraints designed to ‘‘(h) If an Office has published any portion ESSING, AND RESETTLEMENT OF
limit the capabilities of the Office; and of the report or information required under EVACUEES FROM AFGHANISTAN
‘‘(ii) incidents where the establishment has subsection (a) to the website of the Office or AND THE AFGHANISTAN SPECIAL IM-
resisted or objected to oversight activities of on oversight.gov, the Office may elect to pro- MIGRANT VISA PROGRAM.
the Office or restricted or significantly de- vide links to the relevant webpage or website (a) IN GENERAL.—In accordance with the
layed access to information, including the in the report of the Office under subsection Inspector General Act of 1978 (5 U.S.C. App.),
justification of the establishment for such (a) in lieu of including the information in the Inspector General of the Department of
action; and that report.’’. Homeland Security, jointly with the Inspec-
‘‘(B) a summary of each report made to the SEC. 5194. SUBMISSION OF REPORTS THAT SPE- tor General of the Department of State, and
head of the establishment under section CIFICALLY IDENTIFY NON-GOVERN- in coordination with any appropriate inspec-
6(c)(2) during the reporting period;’’; and MENTAL ORGANIZATIONS OR BUSI- tor general established by that Act or sec-
(B) in subsection (b)— NESS ENTITIES. tion 103H of the National Security Act of 1947
(i) by striking paragraphs (2) and (3) and (a) IN GENERAL.—Section 5(g) of the Inspec- (50 U.S.C. 3033), shall conduct a thorough re-
inserting the following: tor General Act of 1978 (5 U.S.C. App.), as so view of efforts to support and process evac-
‘‘(2) where final action on audit, inspec- redesignated by section 5135 of this division, uees from Afghanistan and the Afghanistan
tion, and evaluation reports had not been is amended by adding at the end the fol- special immigrant visa program.
taken before the commencement of the re- lowing: (b) ELEMENTS.—The review required by
porting period, statistical tables showing— ‘‘(6)(A) Except as provided in subparagraph subsection (a) shall include an assessment of
‘‘(A) with respect to management deci- (B), if an audit, evaluation, inspection, or the systems, staffing, policies, and programs
sions— other non-investigative report prepared by used—
‘‘(i) for each report, whether a manage- an Inspector General specifically identifies a (1) to the screen and vet such evacuees, in-
ment decision was made during the reporting specific non-governmental organization or cluding—
period; business entity, whether or not the non-gov- (A) an assessment of whether personnel
‘‘(ii) if a management decision was made ernmental organization or business entity is conducting such screening and vetting were
during the reporting period, the dollar value the subject of that audit, evaluation, inspec- appropriately authorized and provided with
of disallowed costs and funds to be put to tion, or non-investigative report— training, including training in the detection
better use as agreed to in the management ‘‘(i) the Inspector General shall notify the of fraudulent personal identification docu-
decision; and non-governmental organization or business ments;
‘‘(iii) total number of reports where a man- entity; (B) an analysis of the degree to which such
agement decision was made during the re- ‘‘(ii) the non-governmental organization or screening and vetting deviated from United
porting period and the total corresponding business entity shall have— States law, regulations, policy, and best
dollar value of disallowed costs and funds to ‘‘(I) 30 days to review the audit, evalua- practices relating to—
be put to better use as agreed to in the man- tion, inspection, or non-investigative report (i) the screening and vetting of parolees,
agement decision; and beginning on the date of publication of the refugees, and applicants for United States
‘‘(B) with respect to final actions— audit, evaluation, inspection, or non-inves- visas that have been in use at any time since
‘‘(i) whether, if a management decision was tigative report; and January 1, 2016, particularly for individuals
made before the end of the reporting period, ‘‘(II) the opportunity to submit a written from countries with active terrorist organi-
final action was taken during the reporting response for the purpose of clarifying or pro- zations; and
period; viding additional context as it directly re- (ii) the screening and vetting of parolees,
‘‘(ii) if final action was taken, the dollar lates to each instance wherein an audit, refugees, and applicants for United States
value of— evaluation, inspection, or non-investigative visas pursuant to any mass evacuation effort
‘‘(I) disallowed costs that were recovered report specifically identifies that non-gov- since 1975, particularly for individuals from
by management through collection, offset, ernmental organization or business entity; countries with active terrorist organiza-
property in lieu of cash, or otherwise; and tions;
‘‘(II) disallowed costs that were written off ‘‘(iii) if a written response is submitted (C) an identification of any risk to the na-
by management; under clause (ii)(II) within the 30-day period tional security of the United States posed by
‘‘(III) disallowed costs and funds to be put described in clause (ii)(I)— any such deviations;
to better use not yet recovered or written off ‘‘(I) the written response shall be attached (D) an analysis of the processes used for
by management; to the audit, evaluation, inspection, or non- evacuees traveling without personal identi-
‘‘(IV) recommendations that were com- investigative report; and fication records, including the creation or
pleted; and ‘‘(II) in every instance where the report provision of any new identification records
‘‘(V) recommendations that management may appear on the public-facing website of to such evacuees; and
has subsequently concluded should not or the Inspector General, the website shall be (E) an analysis of the degree to which such
SSpencer on DSK126QN23PROD with SENATE
could not be implemented or completed; and updated in order to access a version of the screening and vetting process was capable of
‘‘(iii) total number of reports where final audit, evaluation, inspection, or non-inves- detecting—
action was not taken and total number of re- tigative report that includes the written re- (i) instances of human trafficking and do-
ports where final action was taken, including sponse. mestic abuse;
the total corresponding dollar value of dis- ‘‘(B) Subparagraph (A) shall not apply with (ii) evacuees who are unaccompanied mi-
allowed costs and funds to be put to better respect to a non-governmental organization nors; and
use as agreed to in the management deci- or business entity that refused to provide in- (iii) evacuees with a spouse that is a
sions;’’; formation or assistance sought by an Inspec- minor;
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8399
(2) to admit and process such evacuees at grant Visa Program Needs Improvement SA 4781. Mr. RISCH submitted an
United States ports of entry; (AUD-MERO-20-34); amendment intended to be proposed to
(3) to temporarily house such evacuees (K) an assessment of the extent to which amendment SA 3867 submitted by Mr.
prior to resettlement; challenges in verifying applicants’ employ-
ment with the Department of Defense con-
REED and intended to be proposed to
(4) to account for the total number of indi-
vidual evacuated from Afghanistan in 2021 tributed to delays in the processing of such the bill H.R. 4350, to authorize appro-
with support of the United States Govern- special immigrant visas, and an accounting priations for fiscal year 2022 for mili-
ment, disaggregated by— of the specific steps taken since February 29, tary activities of the Department of
(A) country of origin; 2020, to address issues surrounding employ- Defense, for military construction, and
(B) age; ment verification; and for defense activities of the Depart-
(C) gender; (L) recommendations to strengthen and ment of Energy, to prescribe military
(D) eligibility for special immigrant visas streamline such special immigrant visa proc- personnel strengths for such fiscal
under the Afghan Allies Protection Act of ess going forward.
(c) INTERIM REPORTING.— year, and for other purposes; which was
2009 (8 U.S.C. 1101 note; Public Law 111–8) or ordered to lie on the table; as follows:
(1) IN GENERAL.—Not later than 180 days
section 1059 of the National Defense Author-
after the date of the enactment of this Act, At the end of subtitle D of title XII, add
ization Act for Fiscal Year 2006 (8 U.S.C. 1101 the following:
the Inspector General of the Department of
note; Public Law 109–163) at the time of evac-
Homeland Security and the Inspector Gen- SEC. 1237. IMPOSITION OF SANCTIONS WITH RE-
uation; SPECT TO NORD STREAM 2.
eral of the Department of State shall submit
(E) eligibility for employment-based non- (a) IN GENERAL.—Not later than 15 days
to the appropriate congressional committees
immigrant visas at the time of evacuation; not fewer than one interim report on the re- after the date of the enactment of this Act,
and view conducted under this section. the President shall—
(F) familial relationship to evacuees who (2) FORM.—Any report submitted under (1) impose sanctions under subsection (b)
are eligible for visas described in subpara- paragraph (1) shall be submitted in unclassi- with respect to any corporate officer of an
graphs (D) and (E); and fied form, but may include a classified entity established for or responsible for the
(5) to provide eligible individuals with spe- annex. planning, construction, or operation of the
cial immigrant visas under the Afghan Allies (3) DEFINITIONS.—In this subsection: Nord Stream 2 pipeline or a successor entity;
Protection Act of 2009 (8 U.S.C. 1101 note; (A) APPROPRIATE CONGRESSIONAL COMMIT- and
Public Law 111–8) and section 1059 of the Na- TEES.—The term ‘‘appropriate congressional (2) impose sanctions under subsection (c)
tional Defense Authorization Act for Fiscal committees’’ has the meaning given the with respect to any entity described in para-
Year 2006 (8 U.S.C. 1101 note; Public Law 109– term in section 12 of the Inspector General graph (1).
163) since the date of the enactment of the Act of 1978 (5 U.S.C. App.), as amended by (b) INELIGIBILITY FOR VISAS, ADMISSION, OR
Afghan Allies Protection Act of 2009 (8 U.S.C. this Act. PAROLE OF IDENTIFIED PERSONS AND COR-
1101 note; Public Law 111–8), including— (B) SCREEN; SCREENING.—The terms PORATE OFFICERS.—
(A) a detailed step-by-step description of ‘‘screen’’ and ‘‘screening’’, with respect to an (1) IN GENERAL.—
the application process for such special im- evacuee, mean the process by which a Fed- (A) VISAS, ADMISSION, OR PAROLE.—An alien
migrant visas, including the number of days eral official determines— described in subsection (a)(1) is—
allotted by the United States Government (i) the identity of the evacuee; (i) inadmissible to the United States;
for the completion of each step; (ii) whether the evacuee has a valid identi- (ii) ineligible to receive a visa or other doc-
(B) the number of such special immigrant fication documentation; and umentation to enter the United States; and
visa applications received, approved, and de- (iii) whether any database of the United (iii) otherwise ineligible to be admitted or
nied, disaggregated by fiscal year; States Government contains derogatory in- paroled into the United States or to receive
(C) the number of such special immigrant formation about the evacuee. any other benefit under the Immigration and
visas issued, as compared to the number (C) VET; VETTING.—The term ‘‘vet’’ and Nationality Act (8 U.S.C. 1101 et seq.).
available under law, disaggregated by fiscal ‘‘vetting’’, with respect to an evacuee, means (B) CURRENT VISAS REVOKED.—
year; the process by which a Federal official inter- (i) IN GENERAL.—The visa or other entry
(D) an assessment of the average length of views the evacuee to determine whether the documentation of an alien described in sub-
time taken to process an application for such evacuee is who they purport to be, including section (a)(1) shall be revoked, regardless of
a special immigrant visa, beginning on the whether the evacuee poses a national secu- when such visa or other entry documenta-
date of submission of the application and rity risk. tion is or was issued.
ending on the date of final disposition, (d) DISCHARGE OF RESPONSIBILITIES.—The (ii) IMMEDIATE EFFECT.—A revocation
disaggregated by fiscal year; Inspector General of the Department of under clause (i) shall—
(E) an accounting of the number of applica- Homeland Security and the Inspector Gen- (I) take effect immediately; and
tions for such special immigrant visas that eral of the Department of State shall dis- (II) automatically cancel any other valid
remained pending at the end of each fiscal charge the responsibilities under this section visa or entry documentation that is in the
year; in a manner consistent with the authorities alien’s possession.
(F) an accounting of the number of inter- and requirements of the Inspector General (c) BLOCKING OF PROPERTY OF IDENTIFIED
views of applicants for such special immi- Act of 1978 (5 U.S.C. App.) and the authori- PERSONS.—The President shall exercise all
grant visas conducted during each fiscal ties and requirements applicable to the In- powers granted to the President by the
year; spector General of the Department of Home- International Emergency Economic Powers
(G) the number of noncitizens who were ad- land Security and the Inspector General of Act (50 U.S.C. 1701 et seq.) to the extent nec-
mitted to the United States pursuant to such the Department of State under that Act. essary to block and prohibit all transactions
a special immigrant visa during each fiscal (e) COORDINATION.—Upon request of an In- in all property and interests in property of
year; spector General for information or assist- an entity described in subsection (a)(1) if
(H) an assessment of the extent to which ance under subsection (a), the head of any such property and interests in property are
each participating department or agency of Federal agency involved shall, insofar as is
in the United States, come within the United
the United States Government, including the practicable and not in contravention of any
States, or are or come within the possession
Department of State and the Department of existing statutory restriction or regulation
or control of a United States person.
Homeland Security, adjusted processing of the Federal agency from which the infor- (d) EXCEPTIONS.—
mation is requested, furnish to such Inspec-
practices and procedures for such special im- (1) EXCEPTION FOR INTELLIGENCE, LAW EN-
tor General, or to an authorized designee,
migrant visas so as to vet applicants and ex- FORCEMENT, AND NATIONAL SECURITY ACTIVI-
such information or assistance.
pand processing capacity since the February TIES.—Sanctions under this section shall not
(f) RULE OF CONSTRUCTION.—Nothing in this
29, 2020, Doha Agreement between the United section shall be construed to limit the abil- apply to any authorized intelligence, law en-
States and the Taliban; ity of the Inspector General of the Depart- forcement, or national security activities of
(I) a list of specific steps, if any, taken be- ment of Homeland Security or the Inspector the United States.
tween February 29, 2020, and August 31, 2021— General of the Department of State to enter (2) EXCEPTION TO COMPLY WITH UNITED NA-
(i) to streamline the processing of applica- into agreements to conduct joint audits, in- TIONS HEADQUARTERS AGREEMENT.—Sanctions
tions for such special immigrant visas; and spections, or investigations in the exercise of under this section shall not apply with re-
(ii) to address longstanding bureaucratic the oversight responsibilities of the Inspec- spect to the admission of an alien to the
hurdles while improving security protocols; United States if the admission of the alien is
SSpencer on DSK126QN23PROD with SENATE
tor General of the Department of Homeland
(J) a description of the degree to which the Security and the Inspector General of the necessary to permit the United States to
Secretary of State implemented rec- Department of State, in accordance with the comply with the Agreement regarding the
ommendations made by the Department of Inspector General Act of 1978 (5 U.S.C. App.), Headquarters of the United Nations, signed
State Office of Inspector General in its June with respect to oversight of the evacuation at Lake Success June 26, 1947, and entered
2020 reports on Review of the Afghan Special from Afghanistan, the selection, vetting, and into force November 21, 1947, between the
Immigrant Visa Program (AUD-MERO-20-35) processing of applicants for special immi- United Nations and the United States, the
and Management Assistance Report: Quar- grant visas and asylum, and any resettle- Convention on Consular Relations, done at
terly Reporting on Afghan Special Immi- ment in the United States of such evacuees. Vienna April 24, 1963, and entered into force
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S8400 CONGRESSIONAL RECORD — SENATE November 17, 2021
March 19, 1967, or other applicable inter- SEC. 1239. APPLICATION OF CONGRESSIONAL RE- Joint Statement of the United States and
national obligations. VIEW UNDER COUNTERING AMER- Germany on support for Ukraine, European
ICA’S ADVERSARIES THROUGH
(3) EXCEPTION RELATING TO IMPORTATION OF energy security, and our climate goals, dated
SANCTIONS ACT TO TERMINATION
GOODS.— OR REMOVAL OF SANCTIONS. July 21, 2021; and
(A) IN GENERAL.—Notwithstanding any (a) IN GENERAL.—Section 216(a)(2)(B)(i) of (5) a description of the consultations with
other provision of this section, the authori- the Countering America’s Adversaries United States allies and partners in Europe,
ties and requirements to impose sanctions Through Sanctions Act (22 U.S.C. including Ukraine, Poland, and the countries
under this section shall not include the au- 9511(a)(2)(B)(i)) is amended— in Central and Eastern Europe most im-
thority or a requirement to impose sanctions (1) in subclause (II), by striking ‘‘; or’’ and pacted by the Nord Stream 2 pipeline con-
on the importation of goods. inserting a semicolon; cerning the matters agreed to as described in
(B) GOOD DEFINED.—In this paragraph, the (2) in subclause (III), by striking ‘‘; and’’ paragraph (4).
term ‘‘good’’ means any article, natural or and inserting a semicolon; and ---
man-made substance, material, supply or (3) by adding at the end the following: SA 4782. Mr. CORNYN (for himself,
manufactured product, including inspection ‘‘(IV) section 7503 of the Protecting Eu- Mr. COONS, Mr. YOUNG, and Mr. LEAHY)
and test equipment, and excluding technical rope’s Energy Security Act of 2019 (title submitted an amendment intended to
data. LXXV of Public Law 116–92; 22 U.S.C. 9526 be proposed to amendment SA 3867 sub-
(e) IMPLEMENTATION; PENALTIES.— note); or mitted by Mr. REED and intended to be
(1) IMPLEMENTATION.—The President may ‘‘(V) section 1237 of the National Defense proposed to the bill H.R. 4350, to au-
Authorization Act for Fiscal Year 2022; and’’. thorize appropriations for fiscal year
exercise all authorities provided to the
(b) INCLUSION OF ADDITIONAL MATTER IN
President under sections 203 and 205 of the CAATSA REPORT.—Each report submitted 2022 for military activities of the De-
International Emergency Economic Powers under section 216(a)(1) of the Countering partment of Defense, for military con-
Act (50 U.S.C. 1702 and 1704) to carry out this America’s Adversaries Through Sanctions struction, and for defense activities of
section. Act (22 U.S.C. 9511(a)(1)) with respect to the the Department of Energy, to prescribe
(2) PENALTIES.—A person that violates, at- waiver or termination of, or a licensing ac- military personnel strengths for such
tempts to violate, conspires to violate, or tion with respect to, sanctions under section fiscal year, and for other purposes;
causes a violation of this section or any reg- 1237 of this Act or section 7503 of the Pro-
ulation, license, or order issued to carry out which was ordered to lie on the table;
tecting Europe’s Energy Security Act of 2019
this section shall be subject to the penalties as follows:
(title LXXV of Public Law 116–92; 22 U.S.C.
set forth in subsections (b) and (c) of section 9526 note) shall include— At the end of subtitle G of title X, add the
206 of the International Emergency Eco- (1) an assessment of the security risks following:
nomic Powers Act (50 U.S.C. 1705) to the posed by Nord Stream 2, including— SEC. 1064. NATIONAL SECURITY EXCLUSION FOR
same extent as a person that commits an un- (A) the presence along Nord Stream 2 or ARTICLES OR COMPONENTS OF AR-
TICLES THAT CONTAIN, WERE PRO-
lawful act described in subsection (a) of that Nord Stream 1 infrastructure or pipeline cor- DUCED USING, BENEFIT FROM, OR
section. ridors of undersea surveillance systems and USE TRADE SECRETS MISAPPRO-
(f) SUNSET.—The authority to impose sanc- sensors, fiber optic terminals, or other sys- PRIATED OR ACQUIRED THROUGH
tems that are capable of conducting military IMPROPER MEANS BY A FOREIGN
tions under this section shall terminate on
or intelligence activities unrelated to civil- AGENT OR FOREIGN INSTRUMEN-
the date that is 5 years after the date of the TALITY.
ian energy transmission, including those de-
enactment of this Act. signed to enhance Russian Federation anti- (a) SHORT TITLE.—This section may be
(g) DEFINITIONS.—In this section: submarine warfare, surveillance, espionage, cited as the ‘‘Stopping and Excluding Com-
(1) ADMISSION; ADMITTED; ALIEN.—The or sabotage capabilities; mercial Ripoffs and Espionage with U.S.
terms ‘‘admission’’ , ‘‘admitted’’ , and (B) the use of Nord Stream-affiliated infra- Trade Secrets’’ or the ‘‘Secrets Act of 2021’’.
‘‘alien’’ have the meanings given those terms structure, equipment, personnel, vessels, fi- (b) NATIONAL SECURITY EXCLUSION.—Title
in section 101 of the Immigration and Na- nancing, or other assets— III of the Tariff Act of 1930 is amended by in-
tionality Act (8 U.S.C. 1101). (i) to facilitate, carry out, or conceal Rus- serting after section 341 (19 U.S.C. 1341) the
(2) APPROPRIATE CONGRESSIONAL COMMIT- sian Federation maritime surveillance, espi- following:
TEES AND LEADERSHIP.—The term ‘‘appro- onage, or sabotage activities; ‘‘SEC. 342. NATIONAL SECURITY EXCLUSION FOR
(ii) to justify the presence of Russian Fed- ARTICLES OR COMPONENTS OF AR-
priate congressional committees and leader- TICLES THAT CONTAIN, WERE PRO-
ship’’ means— eration naval vessels or military personnel
DUCED USING, BENEFIT FROM, OR
(A) the Committee on Foreign Relations, or equipment in international waters or near USE TRADE SECRETS MISAPPRO-
the Committee on Banking, Housing, and North Atlantic Treaty Organization or part- PRIATED OR ACQUIRED THROUGH
Urban Affairs, and the majority and minor- ner countries; IMPROPER MEANS BY A FOREIGN
ity leaders of the Senate; and (iii) to disrupt freedom of navigation; or AGENT OR FOREIGN INSTRUMEN-
(iv) to pressure or intimidate countries in TALITY.
(B) the Committee on Foreign Affairs, the
Committee on Financial Services, and the the Baltic Sea; ‘‘(a) IN GENERAL.—Upon a determination
(C) the involvement in the Nord Stream 2 under subsection (c)(1), and subject to the
Speaker, the majority leader, and the minor-
pipeline or its affiliated entities of current procedures required under subsection (d), the
ity leader of the House of Representatives.
or former Russian, Soviet, or Warsaw Pact Commission shall direct the exclusion from
(3) UNITED STATES PERSON.—The term
intelligence and military personnel and any the United States of, on the basis of national
‘‘United States person’’ means—
business dealings between Nord Stream 2 and security, imports of articles that contain,
(A) a United States citizen or an alien law-
entities affiliated with the intelligence or were produced using, benefit from, or use
fully admitted for permanent residence to defense sector of the Russian Federation; any trade secret acquired through improper
the United States; and means or misappropriation by a foreign
(B) an entity organized under the laws of (D) malign influence activities of the Gov- agent or foreign instrumentality (in this sec-
the United States or any jurisdiction within ernment of the Russian Federation, includ- tion referred to as a ‘covered article’).
the United States, including a foreign branch ing strategic corruption and efforts to influ- ‘‘(b) INTERAGENCY COMMITTEE ON TRADE SE-
of such an entity; or ence European decision-makers, supported or CRETS.—
(C) any person within the United States. financed through the Nord Stream 2 pipeline; ‘‘(1) IN GENERAL.—There is established an
SEC. 1238. REPEAL OF NATIONAL INTEREST (2) an assessment of whether the Russian Interagency Committee on Trade Secrets (in
WAIVER UNDER PROTECTING EU- Federation maintains gas transit through this section referred to as the ‘Committee’)
ROPE’S ENERGY SECURITY ACT OF Ukraine at levels consistent with the vol- to carry out the review and submission of al-
2019. umes set forth in the Ukraine-Russian Fed- legations under paragraph (5) and such other
eration gas transit agreement of December duties as the President may designate as
Section 7503 of the Protecting Europe’s En-
2019 and continues to pay the transit fees necessary to carry out this section.
ergy Security Act of 2019 (title LXXV of Pub- specified in that agreement; ‘‘(2) MEMBERSHIP.—
lic Law 116–92; 22 U.S.C. 9526 note) is amend- (3) an assessment of the status of negotia- ‘‘(A) IN GENERAL.—The Committee shall be
ed— tions between the Russian Federation and comprised of the following voting members
(1) in subsection (a)(1)(C), by striking ‘‘sub- Ukraine to secure an agreement to extend (or the designee of any such member):
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section (i)’’ and inserting ‘‘subsection (h)’’; gas transit through Ukraine beyond the expi- ‘‘(i) The Secretary of the Treasury.
(2) by striking subsection (f); ration of the agreement described in para- ‘‘(ii) The Secretary of Homeland Security.
(3) by redesignating subsections (g) graph (2); and ‘‘(iii) The Secretary of Commerce.
through (k) as subsections (f) through (j), re- (4) an assessment of whether the United ‘‘(iv) The Attorney General.
spectively; and States and Germany have agreed on a com- ‘‘(v) The Intellectual Property Enforce-
(4) in subsection (i), as redesignated by mon definition for energy ‘‘weaponization’’ ment Coordinator.
paragraph (3), by striking ‘‘subsection (h)’’ and the associated triggers for sanctions and ‘‘(vi) The United States Trade Representa-
and inserting ‘‘subsection (g)’’. other enforcement actions, pursuant to the tive.
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8401
‘‘(vii) The head of such other Federal agen- ‘‘(A) IN GENERAL.—The Commission, at its sisting in the action and coordinating activ-
cy or other executive office as the President sole discretion, may extend, modify, or ter- ity between the Committee and the Commis-
determines appropriate, generally or on a minate a determination under paragraph (1) sion.
case-by-case basis. for good cause and as necessary and appro- ‘‘(8) CONSULTATION.—
‘‘(B) DIRECTOR OF NATIONAL INTEL- priate, as determined by the Commission and ‘‘(A) IN GENERAL.—In conducting an action
LIGENCE.— based on the findings of the investigation under paragraphs (1) through (3), the Com-
‘‘(i) IN GENERAL.—The Director of National conducted under paragraph (2). mission shall consult with the heads of such
Intelligence shall serve as an ex officio, non- ‘‘(B) RECONSIDERATION.—The Commission other Federal agencies (or their designees) as
voting member of the Committee. shall reconsider any extension, modification, the Commission determines appropriate on
‘‘(ii) NOTICE.—The Director of National In- or termination under subparagraph (A) of a the basis of the facts and circumstances of
telligence shall be provided with all notices determination under paragraph (1) upon re- the action.
received by the Committee regarding allega- quest in writing from the Committee. ‘‘(B) COOPERATION.—The heads of Federal
tions under paragraph (5) but shall serve no ‘‘(4) CONSIDERATION.—In conducting a pre- agencies consulted under subparagraph (A)
policy role on the Committee other than to liminary review under paragraph (1) or an in- for an action, and the agency or agencies
provide analysis unless serving on the Com- vestigation under paragraph (2) with respect designated under paragraph (7)(A), shall co-
mittee under subparagraph (A)(vii). to an article, the Commission may consider operate with the Commission in conducting
‘‘(3) CHAIRPERSON.—The Attorney General the following: the action, including by—
shall serve as the chairperson of the Com- ‘‘(A) If the article contains, was produced ‘‘(i) producing documents and witnesses for
mittee. using, benefits from, or uses any trade secret testimony; and
‘‘(4) MEETINGS.—The Committee shall meet acquired through improper means or mis- ‘‘(ii) assisting with any complaint or re-
upon the direction of the President or upon appropriation by a foreign agent or foreign port or any analysis by the Committee.
the call of the chairperson, without regard to instrumentality. ‘‘(9) INTERACTION WITH INTELLIGENCE COM-
section 552b of title 5, United States Code (if ‘‘(B) The national security and policy in- MUNITY.—The Director of National Intel-
otherwise applicable). terests of the United States, as established ligence shall ensure that the intelligence
‘‘(5) UNFAIR TRADE PRACTICE REVIEW.—The by the Committee for purposes of this sec- community (as defined in section 3 of the Na-
Committee— tion. tional Security Act of 1947 (50 U.S.C. 3003))
‘‘(A) shall review upon complaint under ‘‘(5) DISCLOSURE OF CONFIDENTIAL INFORMA- remains engaged during the course of any ac-
oath by the owner of a trade secret or on its TION.— tion conducted under paragraphs (1) through
own initiative any allegations that an arti- ‘‘(A) IN GENERAL.—Information submitted (3).
cle imported or to be imported into the to the Commission or exchanged among the ‘‘(10) RULE OF CONSTRUCTION REGARDING
United States is a covered article; and interested persons in connection with a pre- SUBMISSION OF ADDITIONAL INFORMATION.—
‘‘(B) shall, if the Committee decides to pro- liminary review under paragraph (1) or an in- Nothing in this subsection shall be construed
ceed with those allegations, submit to the vestigation under paragraph (2), including by as prohibiting any interested person to an al-
Commission a report including those allega- the owner of the trade secret with respect to legation described in subsection (b)(5) from
tions. which the review or investigation is con- submitting additional information con-
‘‘(c) EX PARTE PRELIMINARY REVIEW, INVES- nected, may not be disclosed (except under a
cerning the allegation while an action under
TIGATION, AND DETERMINATION.— protective order issued under regulations of
‘‘(1) EX PARTE PRELIMINARY REVIEW.—Not paragraphs (1) through (3) with respect to
the Commission that authorizes limited dis-
later than 30 days after receipt of an allega- the allegation is ongoing.
closure of such information) to any person
tion contained in a report under subsection other than a person described in subpara- ‘‘(d) PROCEDURES FOR NATIONAL SECURITY
(b)(5)(B) with respect to an article imported graph (B). EXCLUSION.—
or to be imported into the United States, the ‘‘(B) EXCEPTION.—Notwithstanding the pro- ‘‘(1) IN GENERAL.—If the Commission deter-
Commission shall conduct a confidential, ex hibition under subparagraph (A), informa- mines under subsection (c)(1) that it is more
parte, preliminary review to determine tion described in that subparagraph may be likely than not that an article to be im-
whether the article is more likely than not a disclosed to— ported into the United States is a covered ar-
covered article. ‘‘(i) an officer or employee of the Commis- ticle, not later than 30 days after receipt of
‘‘(2) INVESTIGATION.— sion who is directly concerned with— the allegation described in that subsection
‘‘(A) IN GENERAL.—Not later than 150 days ‘‘(I) carrying out the preliminary review, with respect to that determination, the Com-
after an affirmative determination under investigation, or related proceeding in con- mission shall—
paragraph (1), the Commission shall conduct nection with which the information is sub- ‘‘(A) issue an order directing that the arti-
an ex parte investigation, which may include mitted; cle concerned be excluded from entry into
a hearing at the discretion of the Commis- ‘‘(II) the administration or enforcement of the United States under subsection (a); and
sion, to consider if that determination a national security exclusion order issued ‘‘(B) notify the President of that deter-
should be extended under paragraph (3). under subsection (d); mination.
‘‘(B) ANALYSIS BY DIRECTOR OF NATIONAL IN- ‘‘(III) a proceeding for the modification or ‘‘(2) PRESIDENTIAL REVIEW.—If, before the
TELLIGENCE.— rescission of a national security exclusion end of the 30-day period beginning on the day
‘‘(i) IN GENERAL.—As part of an investiga- order issued under subsection (d); or after the date on which the President is noti-
tion conducted under subparagraph (A) with ‘‘(IV) maintaining the administrative fied under paragraph (1)(B) of the determina-
respect to an allegation contained in a re- record of the preliminary review, investiga- tion of the Commission under subsection
port under subsection (b)(5)(B), the Director tion, or related proceeding; (c)(1), the President disapproves of that de-
of National Intelligence, at the request of ‘‘(ii) an officer or employee of the United termination and notifies the Commission of
the Commission, shall expeditiously carry States Government who is directly involved that disapproval, effective on the date of
out a thorough analysis of the allegation and in the review under subsection (d)(2); or that notice, that determination shall have
shall incorporate the views of appropriate in- ‘‘(iii) an officer or employee of U.S. Cus- no force or effect.
telligence agencies with respect to the alle- toms and Border Protection who is directly ‘‘(3) EXCLUSION OF COVERED ARTICLES.—
gation. involved in administering an exclusion from ‘‘(A) NOTIFICATION.—Upon expiration of the
‘‘(ii) TIMING.— entry under subsection (d) resulting from the 30-day period described in paragraph (2), or
‘‘(I) BEGINNING OF ANALYSIS.—The Director preliminary review, investigation, or related notification from the President of approval
of National Intelligence shall begin an anal- proceeding in connection with which the in- of the determination of the Commission
ysis under clause (i) of an allegation con- formation is submitted. under subsection (c)(1) before the expiration
tained in a report under subsection (b)(5)(B) ‘‘(6) PUBLICATION OF RESULTS.—Not later of that period, the Commission shall notify
before investigation by the Commission of than 30 days after a determination under the Secretary of the Treasury and the Sec-
the allegation under subparagraph (A), in ac- paragraph (1) or an extension under para- retary of Homeland Security of its action
cordance with applicable law. graph (3), the Commission shall publish no- under subsection (a) to direct the exclusion
‘‘(II) SUBMISSION OF ANALYSIS.—Not later tice of the determination or extension, as of covered articles from entry.
than 20 days after the date on which the the case may be, in the Federal Register. ‘‘(B) REFUSAL OF ENTRY.—Upon receipt of
Commission begins an investigation under ‘‘(7) DESIGNATION OF LEAD AGENCY FROM notice under subparagraph (A) regarding the
subparagraph (A), the Director of National COMMITTEE.— exclusion of covered articles from entry, the
Intelligence shall submit to the Commission ‘‘(A) IN GENERAL.—The Attorney General Secretary of the Treasury and the Secretary
the analysis requested under clause (i). shall designate, as appropriate, a Federal of Homeland Security shall refuse the entry
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‘‘(iii) SUPPLEMENTATION OR AMENDMENT.— agency or agencies represented on the Com- of those articles.
Any analysis submitted under clause (i) may mittee to be the lead agency or agencies on ‘‘(4) CONTINUATION IN EFFECT.—Any exclu-
be supplemented or amended as the Director behalf of the Committee for each action sion from entry of covered articles under
of National Intelligence considers necessary under paragraphs (1) through (3). subsection (a) shall continue in effect until
or appropriate or upon request by the Com- ‘‘(B) DUTIES.—The duties of the lead agen- the Commission—
mission for additional information. cy or agencies designated under subpara- ‘‘(A) determines that the conditions that
‘‘(3) EXTENSION, MODIFICATION, OR TERMI- graph (A), with respect to an action under led to such exclusion from entry do not
NATION.— paragraphs (1) through (3), shall include as- exist; and
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S8402 CONGRESSIONAL RECORD — SENATE November 17, 2021
‘‘(B) notifies the Secretary of the Treasury Code (commonly referred to as the ‘Freedom meet during the session of the Senate
and the Secretary of Homeland Security of of Information Act’), shall not apply to the on Wednesday, November 17, 2021, in
that determination. activities conducted under this section. executive session to vote on nomina-
‘‘(5) MODIFICATION OR RESCISSION.— ‘‘(h) APPLICABILITY TO CERTAIN INTEL-
‘‘(A) IN GENERAL.—An interested person LIGENCE ACTIVITIES.—Nothing in this section tions.
may petition the Commission for a modifica- shall apply to authorized intelligence activi- COMMITTEE ON COMMERCE, SCIENCE, AND
tion or rescission of an exclusion order ties of the United States. TRANSPORTATION
issued under subsection (a) with respect to ‘‘(i) RULE OF CONSTRUCTION.—Nothing in The Committee on Commerce,
covered articles only after an affirmative ex- this section shall be construed to require or Science, and Transportation is author-
tension of the order is issued under sub- permit the disclosure of classified informa-
tion or information relating to intelligence ized to meet during the session of the
section (c)(3) in accordance with the proce-
sources and methods to any party other than Senate on Wednesday, November 17,
dures under subsection (c)(2).
‘‘(B) REVISITATION OF EXCLUSION.—The an officer or employee of the United States 2021, at 10 a.m., in executive session.
Commission may modify or rescind an exclu- Government who has been appropriately COMMITTEE ON COMMERCE, SCIENCE, AND
sion order issued under subsection (a) at any cleared to receive that information. TRANSPORTATION
‘‘(j) REGULATIONS.—The Commission may
time at the discretion of the Commission.
prescribe such regulations as the Commis-
The Committee on Commerce,
‘‘(C) BURDEN OF PROOF.—The burden of Science, and Transportation is author-
proof in any proceeding before the Commis- sion considers necessary and appropriate to
carry out this section. ized to meet during the session of the
sion regarding a petition made by an inter-
ested person under subparagraph (A) shall be
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— Senate on Wednesday, November 17,
There are authorized to be appropriated such 2021, at 10:15 a.m., to conduct a hearing
on the interested person. sums as may be necessary to carry out this
‘‘(D) RELIEF.—A modification or rescission on nominations.
section.
for which a petition is made under subpara- ‘‘(l) DEFINITIONS.—In this section: COMMITTEE ON ENVIRONMENT AND PUBLIC
graph (A) may be granted by the Commis- ‘‘(1) ARTICLE.—The term ‘article’ includes WORKS
sion— any article or component of an article. The Committee on Environment and
‘‘(i) on the basis of new evidence or evi- ‘‘(2) FOREIGN AGENT; FOREIGN INSTRUMEN- Public Works is authorized to meet
dence that could not have been presented at TALITY; IMPROPER MEANS; MISAPPROPRIATION;
the prior proceeding; or
during the session of the Senate on
OWNER; TRADE SECRET.—The terms ‘foreign Wednesday, November 17, 2021, at 10
‘‘(ii) on grounds that would permit relief agent’, ‘foreign instrumentality’, ‘improper
from a judgment or order under the Federal a.m., to conduct a hearing on a nomi-
means’, ‘misappropriation’, ‘owner’, and
Rules of Civil Procedure. ‘trade secret’ have the meanings given those
nation.
‘‘(E) EVIDENTIARY STANDARD.—A modifica- terms in section 1839 of title 18, United COMMITTEE ON FINANCE
tion or rescission may be made under sub-
States Code. The Committee on Finance is author-
paragraph (A) if the Commission determines
‘‘(3) INTERESTED PERSON.—The term ‘inter- ized to meet during the session of the
that there has been a clear and convincing
ested person’, with respect to an allegation Senate on Wednesday, November 17,
showing to the Commission from an inter-
under subsection (b)(5), means a person 2021, at 9:30 a.m., to conduct a hearing
ested person that such a modification or re-
named in the allegation or otherwise identi-
scission should be made. on nominations.
fied by the Commission as having a material
‘‘(e) JUDICIAL REVIEW.— COMMITTEE ON FOREIGN RELATIONS
interest with respect to the allegation.’’.
‘‘(1) IN GENERAL.—Any person adversely af-
fected by a final modification or rescission
(c) CLERICAL AMENDMENT.—The table of The Committee on Foreign Relations
contents for the Tariff Act of 1930 is amended is authorized to meet during the ses-
determination by the Commission under sub- by inserting after the item relating to sec-
section (d)(5) may appeal such determination sion of the Senate on Wednesday, No-
tion 341 the following:
only— vember 17, 2021, at 10 a.m., to conduct
‘‘Sec. 342. National security exclusion for ar-
‘‘(A) in the United States Court of Appeals a hearing.
ticles or components of articles
for the Federal Circuit; and COMMITTEE ON INDIAN AFFAIRS
that contain, were produced
‘‘(B) not later than 60 days after that de-
using, benefit from, or use The Committee on Indian Affairs is
termination has become final.
trade secrets misappropriated authorized to meet during the session
‘‘(2) NO OTHER JUDICIAL REVIEW.—Except as
or acquired through improper of the Senate on Wednesday, November
authorized under paragraph (1), the deter-
means by a foreign agent or for- 17, 2021, at 2:30 p.m., to conduct a busi-
minations of the Commission under this sec-
eign instrumentality.’’.
tion and any exclusion from entry or deliv- (d) CONFORMING AMENDMENT.—Section ness meeting.
ery or demand for redelivery in connection 514(a)(4) of the Tariff Act of 1930 (19 U.S.C. COMMITTEE ON THE JUDICIARY
with the enforcement of an order by the 1514(a)(4)) is amended by striking ‘‘a deter- The Committee on the Judiciary is
Commission under this section may not be mination appealable under section 337 of this
reviewed by any court, including for con- authorized to meet during the session
Act’’ and inserting ‘‘in connection with the of the Senate on Wednesday, November
stitutional claims, whether by action in the enforcement of an order of the United States
nature of mandamus or otherwise. International Trade Commission issued 17, 2021, at 10 a.m., to conduct hearing
‘‘(3) PROCEDURES FOR REVIEW OF PRIVILEGED under section 337 or 342’’. on nominations.
INFORMATION.—If an appeal is brought under COMMITTEE ON SMALL BUSINESS AND
f
paragraph (1) and the administrative record ENTREPRENEURSHIP
contains classified or other information sub- AUTHORITY FOR COMMITTEES TO The Committee on Small Business
ject to privilege or protections under law, MEET
that information shall be submitted con- and Entrepreneurship is authorized to
fidentially to the court and the court shall Mrs. SHAHEEN. Mr. President, I meet during the session of the Senate
maintain that information under seal. have 14 requests for committees to on Wednesday, November 17, 2021, at
‘‘(4) APPLICABILITY OF USE OF INFORMATION meet during today’s session of the Sen- 2:30 p.m., to conduct a business meet-
PROVISIONS.—The use of information provi- ate. They have the approval of the Ma- ing.
sions of sections 106, 305, 405, and 706 of the jority and Minority Leaders. COMMITTEE ON VETERANS’ AFFAIRS
Foreign Intelligence Surveillance Act of 1978 Pursuant to rule XXVI, paragraph The Committee on Veterans’ Affairs
(50 U.S.C. 1806, 1825, 1845, and 1881e) shall not 5(a), of the Standing Rules of the Sen-
apply to an appeal under paragraph (1). is authorized to meet during the ses-
ate, the following committees are au-
‘‘(f) INAPPLICABILITY OF THE ADMINISTRA- sion of the Senate on Wednesday, No-
thorized to meet during today’s session
TIVE PROCEDURE ACT.— vember 17, 2021, at 3 p.m., to conduct a
‘‘(1) IN GENERAL.—The requirements of sub- of the Senate:
hearing.
chapter II of chapter 5 of title 5, United COMMITTEE AGRICULTURE, NUTRITION, AND
FORESTRY SELECT COMMITTEE ON INTELLIGENCE
States Code, shall not apply to—
‘‘(A) an action conducted by the Commis- The Committee on Agriculture, Nu- The Select Committee on Intel-
sion under paragraphs (1) through (3) of sub- trition, and Forestry is authorized to ligence is authorized to meet during
the session of the Senate on Wednes-
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section (c); or meet during the session of the Senate
‘‘(B) the procedures for exclusion under on Wednesday, November 17, 2021, at day, November 17, 2021, at 2 p.m., to
paragraphs (4) and (5) of subsection (d). 10:15 a.m., to conduct a hearing on conduct a closed briefing.
‘‘(2) ADJUDICATION.—Any adjudication
nominations. SUBCOMMITTEE ON GOVERNMENT OPERATIONS
under this section shall not be subject to the AND BORDER MANAGEMENT
COMMITTEE ON BANKING, HOUSING, AND URBAN
requirements of sections 554, 556, and 557 of
title 5, United States Code. AFFAIRS The Subcommittee on Government
‘‘(g) FREEDOM OF INFORMATION ACT EXCEP- The Committee on Banking, Housing, Operations and Border Management of
TION.—Section 552 of title 5, United States and Urban Affairs is authorized to the Committee on Homeland Security
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