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Amendments Submitted to H.R. 4350, November 17, 2021 — Congressional Record, Senate

Summary

Congressional Record, Senate, November 17, 2021, pages S8381 and S8382, listing amendments submitted to the bill authorizing fiscal year 2022 military activities of the Department of Defense. Mr. Peters, for himself, Mr. Portman, and Mr. Grassley, submitted SA 4776, which adds a division titled the Inspector General Independence and Empowerment Act of 2021. Mr. Markey submitted SA 4773, Mr. Inhofe submitted SA 4774, and Mr. Reed submitted SA 4775. The proposed text includes requirements relating to joint use agreements, a plan to meet science-based emissions targets, and provisions on placing an Inspector General on non-duty status.

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“Amendments Submitted to H.R. 4350, November 17, 2021 — Congressional Record, Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-11-17-crec-2021-11-17-pt1-pgs8381-4-018a4ce077/, SHA-256 6216556940f02cbf011e2ef0e4f930e21ff555433b0252f32505c9f7a484c3b3.

Full text

                                               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),




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                                               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




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                                                                                                       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




SSpencer on DSK126QN23PROD with SENATE
                                               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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