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/
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8381
(iii) how the implementation of the pro- amendment SA 3867 submitted by Mr. (1) IN GENERAL.—Section 957 of the Na-
posed plan will be evaluated and assessed. REED and intended to be proposed to tional Defense Authorization Act for Fiscal
(4) PROGRAM COMPONENTS.— the bill H.R. 4350, to authorize appro- Year 2020 (10 U.S.C. 9016 note) is amended—
(A) STRATEGIC AREAS OF SCIENTIFIC RE- (A) in subsection (a), by striking ‘‘Effec-
priations for fiscal year 2022 for mili-
SEARCH.—In consultation with the Defense tive’’ and inserting ‘‘Not later than’’; and
Science Board, the Secretary, or the Sec- tary activities of the Department of (B) in subsection (b)—
retary’s designee, shall establish annually a Defense, for military construction, and (i) in paragraph (1), by striking ‘‘Effective
list of key areas of research for which appli- for defense activities of the Depart- as of’’ and inserting ‘‘Not later than’’; and
cants can seek funding. ment of Energy, to prescribe military (ii) in paragraph (2), by striking ‘‘as of Oc-
(B) USE OF FUNDS.—An institution that re- personnel strengths for such fiscal tober 1, 2022’’ and inserting ‘‘as described in
ceives a grant under this section shall use year, and for other purposes; which was paragraph (1)’’.
the grant funds to support research activi- (2) CONFORMING AMENDMENT.—Section
ordered to lie on the table; as follows:
ties, including— 9016(b)(6)(vi) of title 10, United States Code,
At the appropriate place in title III, insert
(i) faculty professional development; as amended by section 1505(b), is further
the following:
(ii) stipends for undergraduate and grad- amended by striking ‘‘Effective as of’’ and
SEC. 3ll. REQUIREMENTS RELATING TO JOINT
uate students and post-doctoral scholars; inserting ‘‘Not later than’’.
USE AGREEMENTS.
(iii) laboratory equipment and instrumen- (3) TECHNICAL CORRECTION.—Section
(a) PROHIBITION.—The Secretary of a mili-
tation; and 957(b)(1) of the National Defense Authoriza-
tary department may not enter into or mod-
(iv) other activities necessary to build re- tion Act for Fiscal Year 2020 (10 U.S.C. 9016
ify a joint use agreement with a non-Depart-
search capacity. note) is amended by striking ‘‘section
ment of Defense organization that is not
(C) RESEARCH ASSESSMENT.— 1832(b)’’ and inserting ‘‘section 956(b)’’.
beneficial to the Department of Defense.
(i) IN GENERAL.—An institution that sub-
(b) NOTICE AND WAIT REQUIREMENT.—
mits a proposal for a grant under this sec-
(1) IN GENERAL.—The Secretary of a mili- SA 4776. Mr. PETERS (for himself,
tion shall submit with their proposal a plan Mr. PORTMAN, and Mr. GRASSLEY) sub-
tary department may not enter into a joint
that describes the institution’s plan to mitted an amendment intended to be
use agreement with a non-Department of De-
achieve very high research activity status, proposed to amendment SA 3867 sub-
fense organization until 180 days after certi-
including making investments with institu-
tional and non-Federal funds, to achieve that
fying to the congressional defense commit- mitted by Mr. REED and intended to be
tees that the agreement will benefit the op- proposed to the bill H.R. 4350, to au-
status within a decade of the grant award, to
erations and readiness of the military instal- thorize appropriations for fiscal year
the extent practicable.
lation concerned or the Department overall.
(ii) UPDATED PLAN.—An institution that re- 2022 for military activities of the De-
(2) ELEMENTS.—A certification required by
ceives a grant under this section shall sub-
paragraph (1) shall include the following ele- partment of Defense, for military con-
mit to the Secretary an updated plan de- struction, and for defense activities of
ments:
scribed in clause (i) not less than once every the Department of Energy, to prescribe
(A) A determination that the operations
3 years, which shall be based on a self-assess- military personnel strengths for such
and readiness of the military installation
ment of progress in achieving very high re-
search activity status.
concerned will benefit as a result of the fiscal year, and for other purposes;
agreement. which was ordered to lie on the table;
(D) TRANSITION ELIGIBILITY.—The Sec-
(B) A description of the effect of the agree- as follows:
retary may consider creating pathways for
ment on the installation and the Depart-
new historically Black colleges or univer- At the end, add the following:
ment.
sities to enter into the program under this DIVISION E—INSPECTOR GENERAL INDE-
(C) A description of the benefit of the
section as participating institutions achieve PENDENCE AND EMPOWERMENT ACT
agreement to outside agencies.
very high research activity status. OF 2021
(D) A description of alternative options to
SA 4773. Mr. MARKEY submitted an the agreement that were investigated. SEC. 5101. SHORT TITLE.
(E) Any other elements the Secretary con- This division may be cited as the ‘‘Inspec-
amendment intended to be proposed to
siders relevant. tor General Independence and Empowerment
amendment SA 3867 submitted by Mr.
Act of 2021’’.
REED and intended to be proposed to SA 4775. Mr. REED submitted an
the bill H.R. 4350, to authorize appro- TITLE LI—INSPECTOR GENERAL
amendment intended to be proposed to INDEPENDENCE
priations for fiscal year 2022 for mili- amendment SA 3867 submitted by Mr.
tary activities of the Department of SEC. 5111. SHORT TITLE.
REED and intended to be proposed to
Defense, for military construction, and This title may be cited as the ‘‘Securing
the bill H.R. 4350, to authorize appro- Inspector General Independence Act of 2021’’.
for defense activities of the Depart- priations for fiscal year 2022 for mili-
ment of Energy, to prescribe military SEC. 5112. REMOVAL OR TRANSFER OF INSPEC-
tary activities of the Department of TORS GENERAL; PLACEMENT ON
personnel strengths for such fiscal Defense, for military construction, and NON-DUTY STATUS.
year, and for other purposes; which was for defense activities of the Depart- (a) IN GENERAL.—The Inspector General
ordered to lie on the table; as follows: ment of Energy, to prescribe military Act of 1978 (5 U.S.C. App.) is amended—
At the end of subtitle B of title III, add the personnel strengths for such fiscal (1) in section 3(b)—
following: (A) by inserting ‘‘(1)(A)’’ after ‘‘(b)’’;
year, and for other purposes; which was
SEC. 318. DEPARTMENT OF DEFENSE PLAN TO (B) in paragraph (1), as so designated—
MEET SCIENCE-BASED EMISSIONS ordered to lie on the table; as follows: (i) in subparagraph (A), as so designated, in
TARGETS. Strike section 1508 and insert the fol- the second sentence—
(a) PLAN REQUIRED.—Not later than Sep- lowing: (I) by striking ‘‘reasons’’ and inserting the
tember 30, 2022, the Secretary of Defense SEC. 1508. MODIFICATIONS TO EFFECTIVE DATES following: ‘‘substantive rationale, including
shall submit to Congress a plan to reduce the RELATING TO THE ASSISTANT SEC- detailed and case-specific reasons,’’; and
greenhouse gas emissions of the Department RETARY OF THE AIR FORCE FOR
(II) by inserting ‘‘(including to the appro-
of Defense, including functions of the De- SPACE ACQUISITION AND INTEGRA-
TION AND THE SERVICE ACQUISI- priate congressional committees)’’ after
partment that are performed by contractors, ‘‘Houses of Congress’’; and
in line with science-based emissions targets. TION EXECUTIVE OF THE DEPART-
MENT OF THE AIR FORCE FOR (ii) by adding at the end the following:
(b) UPDATES.—Not later than one year
SPACE SYSTEMS AND PROGRAMS. ‘‘(B) If there is an open or completed in-
after the submittal of the plan under sub-
section (a), and annually thereafter, the Sec- (a) MODIFICATION TO EFFECTIVE DATE OF quiry into an Inspector General that relates
retary shall submit to Congress a report on TRANSFER OF ACQUISITION PROJECTS FOR to the removal or transfer of the Inspector
the progress of the Department toward meet- SPACE SYSTEMS AND PROGRAMS.—Section General under subparagraph (A), the written
ing the science-based emissions targets in 956(b)(3) of the National Defense Authoriza- communication required under that subpara-
such plan. tion Act for Fiscal Year 2020 (Public Law graph shall—
(c) SCIENCE-BASED EMISSIONS TARGET DE- 116–92; 133 Stat. 1566; 10 U.S.C. 9016 note), as ‘‘(i) identify each entity that is con-
FINED.—In this section, the term ‘‘science- amended by section 1507(c), is further amend- ducting, or that conducted, the inquiry; and
ed— ‘‘(ii) in the case of a completed inquiry,
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based emissions target’’ means a reduction
in greenhouse gas emissions consistent with (1) by striking ‘‘Effective’’ and inserting contain the findings made during the in-
preventing an increase in global average ‘‘Not later than’’; and quiry.’’; and
temperature of greater than or equal to 1.5 (2) by striking ‘‘as of September 30, 2022’’ (C) by adding at the end the following:
degrees Celsius compared to pre-industrial and inserting ‘‘at the time of such transfer’’. ‘‘(2)(A) Subject to the other provisions of
levels. (b) MODIFICATIONS TO EFFECTIVE DATES FOR this paragraph, only the President may place
SERVICE ACQUISITION EXECUTIVE OF THE DE- an Inspector General on non-duty status.
SA 4774. Mr. INHOFE submitted an PARTMENT OF THE AIR FORCE FOR SPACE SYS- ‘‘(B) If the President places an Inspector
amendment intended to be proposed to TEMS AND PROGRAMS.— General on non-duty status, the President
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S8382 CONGRESSIONAL RECORD — SENATE November 17, 2021
shall communicate in writing the sub- gram, a reference to section 121(b)(4) of the both Houses of Congress (including to the ap-
stantive rationale, including detailed and Emergency Economic Stabilization Act of propriate congressional committees) a writ-
case-specific reasons, for the change in sta- 2008 (12 U.S.C. 5231(b)(4)); and ten communication that contains the infor-
tus to both Houses of Congress (including to ‘‘(V) in the case of the Special Inspector mation required under subparagraph (B), in-
the appropriate congressional committees) General for Pandemic Recovery, a reference cluding the report required under clause (ii)
not later than 15 days before the date on to section 4018(b)(3) of the CARES Act (15 of that subparagraph.
which the change in status takes effect, ex- U.S.C. 9053(b)(3)).’’; and ‘‘(D) Nothing in this paragraph may be
cept that the President may submit that (2) in section 8G(e)— construed to limit or otherwise modify—
communication not later than the date on (A) in paragraph (1), by inserting ‘‘or place- ‘‘(i) any statutory protection that is af-
which the change in status takes effect if— ment on non-duty status’’ after ‘‘a removal’’; forded to an Inspector General; or
‘‘(i) the President has made a determina- (B) in paragraph (2)— ‘‘(ii) any other action that a covered offi-
tion that the continued presence of the In- (i) by inserting ‘‘(A)’’ after ‘‘(2)’’; cial may take under law with respect to an
spector General in the workplace poses a (ii) in subparagraph (A), as so designated, Inspector General.’’.
threat described in any of clauses (i) through in the first sentence— (b) TECHNICAL AND CONFORMING AMEND-
(iv) of section 6329b(b)(2)(A) of title 5, United (I) by striking ‘‘reasons’’ and inserting the MENT.—Section 12(3) of the Inspector General
States Code; and following: ‘‘substantive rationale, including Act of 1978 (5 U.S.C. App.) is amended by in-
‘‘(ii) in the communication, the President detailed and case-specific reasons,’’; and serting ‘‘except as otherwise expressly pro-
includes a report on the determination de- (II) by inserting ‘‘(including to the appro- vided,’’ before ‘‘the term’’.
scribed in clause (i), which shall include— priate congressional committees)’’ after SEC. 5113. VACANCY IN POSITION OF INSPECTOR
‘‘(I) a specification of which clause of sec- ‘‘Houses of Congress’’; and GENERAL.
tion 6329b(b)(2)(A) of title 5, United States (iii) by adding at the end the following:
Code, the President has determined applies ‘‘(B) If there is an open or completed in- (a) IN GENERAL.—Section 3 of the Inspector
under clause (i) of this subparagraph; quiry into an Inspector General that relates General Act of 1978 (5 U.S.C. App.) is amend-
‘‘(II) the substantive rationale, including to the removal or transfer of the Inspector ed by adding at the end the following:
detailed and case-specific reasons, for the de- General under subparagraph (A), the written ‘‘(h)(1) In this subsection—
termination made under clause (i); communication required under that subpara- ‘‘(A) the term ‘first assistant to the posi-
‘‘(III) an identification of each entity that graph shall— tion of Inspector General’ means, with re-
is conducting, or that conducted, any in- ‘‘(i) identify each entity that is con- spect to an Office of Inspector General—
quiry upon which the determination under ducting, or that conducted, the inquiry; and ‘‘(i) an individual who, as of the day before
clause (i) was made; and ‘‘(ii) in the case of a completed inquiry, the date on which the Inspector General dies,
‘‘(IV) in the case of an inquiry described in contain the findings made during the in- resigns, or otherwise becomes unable to per-
subclause (III) that is completed, the find- quiry.’’; and form the functions and duties of that posi-
ings made during that inquiry. (C) by adding at the end the following: tion—
‘‘(C) The President may not place an In- ‘‘(3)(A) Subject to the other provisions of ‘‘(I) is serving in a position in that Office;
spector General on non-duty status during this paragraph, only the head of the applica- and
the 30-day period preceding the date on ble designated Federal entity (referred to in ‘‘(II) has been designated in writing by the
which the Inspector General is removed or this paragraph as the ‘covered official’) may Inspector General, through an order of suc-
transferred under paragraph (1)(A) unless the place an Inspector General on non-duty sta- cession or otherwise, as the first assistant to
President— tus. the position of Inspector General; or
‘‘(i) has made a determination that the ‘‘(B) If a covered official places an Inspec- ‘‘(ii) if the Inspector General has not made
continued presence of the Inspector General tor General on non-duty status, the covered a designation described in clause (i)(II)—
in the workplace poses a threat described in official shall communicate in writing the ‘‘(I) the Principal Deputy Inspector Gen-
any of clauses (i) through (iv) of section substantive rationale, including detailed and eral of that Office, as of the day before the
6329b(b)(2)(A) of title 5, United States Code; case-specific reasons, for the change in sta- date on which the Inspector General dies, re-
and tus to both Houses of Congress (including to signs, or otherwise becomes unable to per-
‘‘(ii) not later than the date on which the the appropriate congressional committees) form the functions and duties of that posi-
change in status takes effect, submits to not later than 15 days before the date on tion; or
both Houses of Congress (including to the ap- which the change in status takes effect, ex- ‘‘(II) if there is no Principal Deputy Inspec-
cept that the covered official may submit tor General of that Office, the Deputy In-
propriate congressional committees) a writ-
that communication not later than the date spector General of that Office, as of the day
ten communication that contains the infor-
on which the change in status takes effect before the date on which the Inspector Gen-
mation required under subparagraph (B), in-
if— eral dies, resigns, or otherwise becomes un-
cluding the report required under clause (ii)
‘‘(i) the covered official has made a deter- able to perform the functions and duties of
of that subparagraph.
mination that the continued presence of the that position; and
‘‘(D) For the purposes of this paragraph—
Inspector General in the workplace poses a
‘‘(i) the term ‘Inspector General’— ‘‘(B) the term ‘Inspector General’—
threat described in any of clauses (i) through
‘‘(I) means an Inspector General who was ‘‘(i) means an Inspector General who is ap-
(iv) of section 6329b(b)(2)(A) of title 5, United
appointed by the President, without regard pointed by the President, by and with the ad-
States Code; and
to whether the Senate provided advice and vice and consent of the Senate; and
‘‘(ii) in the communication, the covered of-
consent with respect to that appointment; ‘‘(ii) includes the Inspector General of an
ficial includes a report on the determination
and establishment, the Inspector General of the
described in clause (i), which shall include—
‘‘(II) includes the Inspector General of an Intelligence Community, the Inspector Gen-
‘‘(I) a specification of which clause of sec-
establishment, the Inspector General of the eral of the Central Intelligence Agency, the
tion 6329b(b)(2)(A) of title 5, United States
Intelligence Community, the Inspector Gen- Special Inspector General for the Troubled
Code, the covered official has determined ap-
eral of the Central Intelligence Agency, the plies under clause (i) of this subparagraph; Asset Relief Program, and the Special In-
Special Inspector General for Afghanistan ‘‘(II) the substantive rationale, including spector General for Pandemic Recovery.
Reconstruction, the Special Inspector Gen- detailed and case-specific reasons, for the de- ‘‘(2) If an Inspector General dies, resigns,
eral for the Troubled Asset Relief Program, termination made under clause (i); or is otherwise unable to perform the func-
and the Special Inspector General for Pan- ‘‘(III) an identification of each entity that tions and duties of the position—
demic Recovery; and is conducting, or that conducted, any in- ‘‘(A) section 3345(a) of title 5, United States
‘‘(ii) a reference to the removal or transfer quiry upon which the determination under Code, and section 103(e) of the National Secu-
of an Inspector General under paragraph (1), clause (i) was made; and rity Act of 1947 (50 U.S.C. 3025(e)) shall not
or to the written communication described ‘‘(IV) in the case of an inquiry described in apply;
in that paragraph, shall be considered to be— subclause (III) that is completed, the find- ‘‘(B) subject to paragraph (4), the first as-
‘‘(I) in the case of the Inspector General of ings made during that inquiry. sistant to the position of Inspector General
the Intelligence Community, a reference to ‘‘(C) A covered official may not place an shall perform the functions and duties of the
section 103H(c)(4) of the National Security Inspector General on non-duty status during Inspector General temporarily in an acting
Act of 1947 (50 U.S.C. 3033(c)(4)); the 30-day period preceding the date on capacity subject to the time limitations of
‘‘(II) in the case of the Inspector General of which the Inspector General is removed or section 3346 of title 5, United States Code;
the Central Intelligence Agency, a reference transferred under paragraph (2)(A) unless the and
to section 17(b)(6) of the Central Intelligence covered official— ‘‘(C) notwithstanding subparagraph (B),
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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
SSpencer on DSK126QN23PROD with SENATE
sional committees, as defined in section 12 of
tions and duties of the position of the appli- the Inspector General Act of 1978 (5 U.S.C. May 31, 2022, and every 6 months thereafter,
cable Inspector General shall be performed App.)— the Council shall submit to Congress and the
by— ‘‘(1) the reasons why the President has not President a report on the activities of the In-
‘‘(A) the first assistant to the position of yet made a formal nomination; and tegrity Committee during the immediately
Inspector General; or ‘‘(2) a target date for making a formal preceding 6-month periods ending March 31
‘‘(B) the individual performing those func- nomination.’’. and September 30, which shall include the
tions and duties temporarily in an acting ca- (b) TECHNICAL AND CONFORMING AMEND- following with respect to allegations of
pacity, as of the date on which the President MENT.—The table of sections for subchapter wrongdoing that are made against Inspectors
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S8384 CONGRESSIONAL RECORD — SENATE November 17, 2021
General and staff members of the various Of- serious or flagrant problems, abuses, or defi- TITLE LV—COUNCIL OF THE INSPECTORS
fices of Inspector General described in para- ciencies were alleged. GENERAL ON INTEGRITY AND EFFI-
graph (4)(C): ‘‘(2) REPORT TO PRESIDENT, CONGRESS, AND CIENCY REPORT ON EXPENDITURES
‘‘(A) An overview and analysis of the alle- THE ESTABLISHMENT.—Not later than 7 days SEC. 5151. CIGIE REPORT ON EXPENDITURES.
gations of wrongdoing disposed of by the In- after the date on which an Inspector General Section 11(c)(3) of the Inspector General
tegrity Committee, including— receives a report submitted under paragraph Act of 1978 (5 U.S.C. App.) is amended by add-
‘‘(i) analysis of the positions held by indi- (1), the Inspector General shall submit to the ing at the end the following:
viduals against whom allegations were made, President, the appropriate congressional ‘‘(D) REPORT ON EXPENDITURES.—Not later
including the duties affiliated with such po- committees, and the head of the establish- than November 30 of each year, the Chair-
sitions; ment— person shall submit to the appropriate com-
‘‘(ii) analysis of the categories or types of ‘‘(A) the report received under paragraph mittees or subcommittees of Congress, in-
the allegations of wrongdoing; and (1); and cluding the Committee on Appropriations of
‘‘(iii) a summary of disposition of all the ‘‘(B) a report by the Inspector General con- the Senate and the Committee on Appropria-
allegations. taining any comments the Inspector General tions of the House of Representatives, a re-
‘‘(B) The number of allegations received by determines appropriate.’’. port on the expenditures of the Council for
the Integrity Committee. the preceding fiscal year, including from di-
SEC. 5136. REQUIREMENT TO REPORT FINAL DIS-
‘‘(C) The number of allegations referred to POSITION TO CONGRESS. rect appropriations to the Council, inter-
the Department of Justice or the Office of agency funding pursuant to subparagraph
Special Counsel, including the number of al- Section 11(d)(8)(B) of the Inspector General (A), a revolving fund pursuant to subpara-
legations referred for criminal investigation. Act of 1978 (5 U.S.C. App.) is amended by in- graph (B), or any other source.’’.
‘‘(D) The number of allegations referred to serting ‘‘and the appropriate congressional
the Chairperson of the Integrity Committee TITLE LVI—NOTICE OF REFUSAL TO
committees’’ after ‘‘Integrity Committee’’.
for investigation, a general description of PROVIDE INSPECTORS GENERAL ACCESS
the status of such investigations, and a sum- SEC. 5137. INVESTIGATIONS OF OFFICES OF IN- SEC. 5161. NOTICE OF REFUSAL TO PROVIDE IN-
SPECTORS GENERAL OF ESTABLISH- FORMATION OR ASSISTANCE TO IN-
mary of the findings of investigations com- MENTS BY THE INTEGRITY COM- SPECTORS GENERAL.
pleted. MITTEE.
‘‘(E) An overview and analysis of allega- Section 6(c) of the Inspector General Act of
tions of wrongdoing received by the Integ- Section 11(d)(7)(B)(i)(V) of the Inspector 1978 (5 U.S.C. App.) is amended by adding at
rity Committee during any previous report- General Act of 1978 (5 U.S.C. App.) is amend- the end the following:
ing period, but remained pending during ed by inserting ‘‘, and that an investigation ‘‘(3) If the information or assistance that is
some part of the six months covered by the of an Office of Inspector General of an estab- the subject of a report under paragraph (2) is
report, including— lishment is conducted by another Office of not provided to the Inspector General by the
‘‘(i) analysis of the positions held by indi- Inspector General of an establishment’’ after date that is 30 days after the report is made,
viduals against whom allegations were made, the Inspector General shall submit a notice
‘‘size’’.
including the duties affiliated with such po- that the information or assistance requested
sitions; TITLE LIV—NOTICE OF ONGOING INVES- has not been provided by the head of the es-
‘‘(ii) analysis of the categories or types of TIGATIONS WHEN THERE IS A CHANGE tablishment involved or the head of the Fed-
the allegations of wrongdoing; and IN STATUS OF INSPECTOR GENERAL eral agency involved, as applicable, to the
‘‘(iii) a summary of disposition of all the appropriate congressional committees.’’.
SEC. 5141. NOTICE OF ONGOING INVESTIGATIONS
allegations. WHEN THERE IS A CHANGE IN STA-
TITLE LVII—TRAINING RESOURCES FOR
‘‘(F) The number and category or type of TUS OF INSPECTOR GENERAL. INSPECTORS GENERAL AND OTHER
pending investigations. MATTERS
‘‘(G) For each allegation received— Section 5 of the Inspector General Act of SEC. 5171. TRAINING RESOURCES FOR INSPEC-
‘‘(i) the date on which the investigation 1978 (5 U.S.C. App.) is amended by inserting TORS GENERAL.
was opened; after subsection (e), as added by section 5135 Section 11(c)(1) of the Inspector General
‘‘(ii) the date on which the allegation was of this division, the following: Act of 1978 (5 U.S.C. App.) is amended—
disposed of, as applicable; and ‘‘(f) Not later than 15 days after an Inspec- (1) by redesignating subparagraphs (E)
‘‘(iii) the case number associated with the tor General is removed, placed on paid or un- through (I) as subparagraphs (F) through (J),
allegation. respectively; and
paid non-duty status, or transferred to an-
‘‘(H) The nature and number of allegations (2) by inserting after subparagraph (D) the
other position or location within an estab-
to the Integrity Committee closed without following:
referral, including the justification for why lishment, the officer or employee performing
‘‘(E) support the professional development
each allegation was closed without referral. the functions and duties of the Inspector
of Inspectors General, including by providing
‘‘(I) A brief description of any difficulty General temporarily in an acting capacity
training opportunities on the duties, respon-
encountered by the Integrity Committee shall submit to the Committee on Homeland sibilities, and authorities under this Act and
when receiving, evaluating, investigating, or Security and Governmental Affairs of the on topics relevant to Inspectors General and
referring for investigation an allegation re- Senate and the Committee on Oversight and the work of Inspectors General, as identified
ceived by the Integrity Committee, includ- Reform of the House of Representatives in- by Inspectors General and the Council.’’.
ing a brief description of— formation regarding work being conducted SEC. 5172. DEFINITION OF APPROPRIATE CON-
‘‘(i) any attempt to prevent or hinder an by the Office as of the date on which the In- GRESSIONAL COMMITTEES.
investigation; or spector General was removed, placed on paid The Inspector General Act of 1978 (5 U.S.C.
‘‘(ii) concerns about the integrity or oper- or unpaid non-duty status, or transferred, App.) is amended—
ations at an Office of Inspector General. which shall include— (1) in section 5—
‘‘(J) Other matters that the Council con- ‘‘(1) for each investigation— (A) in subsection (b), in the matter pre-
siders appropriate.’’. ‘‘(A) the type of alleged offense; ceding paragraph (1), by striking ‘‘commit-
SEC. 5135. ADDITIONAL REPORTS. ‘‘(B) the fiscal quarter in which the Office tees or subcommittees of the Congress’’ and
Section 5 of the Inspector General Act of initiated the investigation; inserting ‘‘congressional committees’’; and
1978 (5 U.S.C. App.) is amended— ‘‘(C) the relevant Federal agency, includ- (B) in subsection (d), by striking ‘‘commit-
(1) by redesignating subsections (e) and (f) ing the relevant component of that Federal tees or subcommittees of Congress’’ and in-
as subsections (g) and (h), respectively; and agency for any Federal agency listed in sec- serting ‘‘congressional committees’’;
(2) by inserting after subsection (d) the fol- tion 901(b) of title 31, United States Code, (2) in section 6(h)(4)—
lowing: under investigation or affiliated with the in- (A) in subparagraph (B), by striking ‘‘Gov-
‘‘(e) ADDITIONAL REPORTS.— dividual or entity under investigation; and ernment’’; and
‘‘(1) REPORT TO INSPECTOR GENERAL.—The ‘‘(D) whether the investigation is adminis- (B) by amending subparagraph (C) to read
Chairperson of the Integrity Committee of trative, civil, criminal, or a combination as follows:
the Council of the Inspectors General on In- thereof, if known; and ‘‘(C) Any other relevant congressional
tegrity and Efficiency shall, immediately ‘‘(2) for any work not described in para- committee or subcommittee of jurisdic-
whenever the Chairperson of the Integrity graph (1)— tion.’’;
Committee becomes aware of particularly se- ‘‘(A) a description of the subject matter (3) in section 8—
SSpencer on DSK126QN23PROD with SENATE
rious or flagrant problems, abuses, or defi- and scope; (A) in subsection (b)—
ciencies relating to the administration of ‘‘(B) the relevant agency, including the rel- (i) in paragraph (3), by striking ‘‘the Com-
programs and operations of an Office of In- evant component of that Federal agency, mittees on Armed Services and Govern-
spector General for which the Integrity Com- under review; mental Affairs of the Senate and the Com-
mittee may receive, review, and refer for in- ‘‘(C) the date on which the Office initiated mittee on Armed Services and the Com-
vestigation allegations of wrongdoing under the work; and mittee on Government Reform and Oversight
section 11(d), submit a report to the Inspec- ‘‘(D) the expected time frame for comple- of the House of Representatives and to other
tor General who leads the Office at which the tion.’’. appropriate committees or subcommittees of
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8385
the Congress’’ and inserting ‘‘the appropriate and inserting ‘‘the appropriate congressional (ii) by redesignating paragraphs (13)
congressional committees, including the committees’’; and through (22) as paragraphs (7) through (16),
Committee on Armed Services of the Senate (ii) by striking subparagraph (C); respectively;
and the Committee on Armed Services of the (7) in section 8I— (iii) by amending paragraph (13), as so re-
House of Representatives’’; and (A) in subsection (a)(3), in the matter pre- designated, to read as follows:
(ii) in paragraph (4), by striking ‘‘and to ceding subparagraph (A), by striking ‘‘com- ‘‘(13) a report on each investigation con-
other appropriate committees or subcommit- mittees and subcommittees of Congress’’ and ducted by the Office where allegations of
tees’’; and inserting ‘‘congressional committees’’; and misconduct were substantiated, including
(B) in subsection (f)— (B) in subsection (d), by striking ‘‘commit- the name of the senior Government em-
(i) in paragraph (1), by striking ‘‘the Com- tees and subcommittees of Congress’’ each ployee, if already made public by the Office,
mittees on Armed Services and on Homeland place it appears and inserting ‘‘congressional and a detailed description of—
Security and Governmental Affairs of the committees’’; ‘‘(A) the facts and circumstances of the in-
Senate and the Committees on Armed Serv- (8) in section 8N(b), by striking ‘‘commit- vestigation; and
ices and on Oversight and Government Re- tees of Congress’’ and inserting ‘‘congres- ‘‘(B) the status and disposition of the mat-
form of the House of Representatives and to sional committees’’; ter, including—
other appropriate committees or subcommit- (9) in section 11— ‘‘(i) if the matter was referred to the De-
tees of Congress’’ and inserting ‘‘the appro- (A) in subsection (b)(3)(B)(viii)— partment of Justice, the date of the referral;
priate congressional committees, including (i) by striking subclauses (III) and (IV); and
the Committee on Armed Services of the (ii) in subclause (I), by adding ‘‘and’’ at the ‘‘(ii) if the Department of Justice declined
Senate and the Committee on Armed Serv- end; and the referral, the date of the declination;’’;
ices of the House of Representatives’’; and (iii) by amending subclause (II) to read as and
(ii) in paragraph (2), by striking ‘‘commit- follows: (iv) in paragraph (15), as so redesignated,
tees or subcommittees of the Congress’’ and ‘‘(II) the appropriate congressional com- by striking subparagraphs (A) and (B) and in-
inserting ‘‘congressional committees’’; mittees.’’; and serting the following:
(4) in section 8D— (B) in subsection (d)(8)(A)(iii), by striking ‘‘(A) any attempt by the establishment to
(A) in subsection (a)(3), by striking ‘‘Com- ‘‘to the’’ and all that follows through ‘‘juris- interfere with the independence of the Office,
mittees on Governmental Affairs and Fi- diction’’ and inserting ‘‘to the appropriate including—
nance of the Senate and the Committees on congressional committees’’; and ‘‘(i) with budget constraints designed to
Government Operations and Ways and Means (10) in section 12— limit the capabilities of the Office; and
of the House of Representatives, and to other (A) in paragraph (4), by striking ‘‘and’’ at ‘‘(ii) incidents where the establishment has
appropriate committees or subcommittees of the end; resisted or objected to oversight activities of
the Congress’’ and inserting ‘‘appropriate (B) in paragraph (5), by striking the period the Office or restricted or significantly de-
congressional committees, including the at the end and inserting ‘‘; and’’; and layed access to information, including the
Committee on Finance of the Senate and the (C) by adding at the end the following: justification of the establishment for such
Committee on Ways and Means of the House ‘‘(6) the term ‘appropriate congressional action; and
of Representatives’’; and ‘‘(B) a summary of each report made to the
committees’ means—
(B) in subsection (g)— head of the establishment under section
‘‘(A) the Committee on Homeland Security
(i) in paragraph (1)— 6(c)(2) during the reporting period;’’; and
and Governmental Affairs of the Senate;
(I) by striking ‘‘committees or subcommit- (B) in subsection (b)—
‘‘(B) the Committee on Oversight and Re-
tees of the Congress’’ and inserting ‘‘congres- (i) by striking paragraphs (2) and (3) and
form of the House of Representatives; and
sional committees’’; and inserting the following:
‘‘(C) any other relevant congressional com-
(II) by striking ‘‘Committees on Govern- ‘‘(2) where final action on audit, inspec-
mittee or subcommittee of jurisdiction.’’.
mental Affairs and Finance of the Senate tion, and evaluation reports had not been
and the Committees on Government Reform SEC. 5173. SEMIANNUAL REPORTS. taken before the commencement of the re-
and Oversight and Ways and Means of the The Inspector General Act of 1978 (5 U.S.C. porting period, statistical tables showing—
House of Representatives’’ and inserting App.) is amended— ‘‘(A) with respect to management deci-
‘‘Committee on Finance of the Senate and (1) in section 4(a)(2)— sions—
the Committee on Ways and Means of the (A) by inserting ‘‘, including’’ after ‘‘to ‘‘(i) for each report, whether a manage-
House of Representatives’’; and make recommendations’’; and ment decision was made during the reporting
(ii) in paragraph (2), by striking ‘‘commit- (B) by inserting a comma after ‘‘section period;
tees or subcommittees of Congress’’ and in- 5(a)’’; ‘‘(ii) if a management decision was made
serting ‘‘congressional committees’’; (2) in section 5— during the reporting period, the dollar value
(5) in section 8E— (A) in subsection (a)— of disallowed costs and funds to be put to
(A) in subsection (a)(3), by striking ‘‘Com- (i) by striking paragraphs (1) through (12) better use as agreed to in the management
mittees on Governmental Affairs and Judici- and inserting the following: decision; and
ary of the Senate and the Committees on ‘‘(1) a description of significant problems, ‘‘(iii) total number of reports where a man-
Government Operations and Judiciary of the abuses, and deficiencies relating to the ad- agement decision was made during the re-
House of Representatives, and to other ap- ministration of programs and operations of porting period and the total corresponding
propriate committees or subcommittees of the establishment and associated reports and dollar value of disallowed costs and funds to
the Congress’’ and inserting ‘‘appropriate recommendations for corrective action made be put to better use as agreed to in the man-
congressional committees, including the by the Office; agement decision; and
Committee on the Judiciary of the Senate ‘‘(2) an identification of each recommenda- ‘‘(B) with respect to final actions—
and the Committee on the Judiciary of the tion made before the reporting period, for ‘‘(i) whether, if a management decision was
House of Representatives’’; and which corrective action has not been com- made before the end of the reporting period,
(B) in subsection (c)— pleted, including the potential costs savings final action was taken during the reporting
(i) by striking ‘‘committees or subcommit- associated with the recommendation; period;
tees of the Congress’’ and inserting ‘‘congres- ‘‘(3) a summary of significant investiga- ‘‘(ii) if final action was taken, the dollar
sional committees’’; and tions closed during the reporting period; value of—
(ii) by striking ‘‘Committees on the Judici- ‘‘(4) an identification of the total number ‘‘(I) disallowed costs that were recovered
ary and Governmental Affairs of the Senate of convictions during the reporting period re- by management through collection, offset,
and the Committees on the Judiciary and sulting from investigations; property in lieu of cash, or otherwise;
Government Operations of the House of Rep- ‘‘(5) information regarding each audit, in- ‘‘(II) disallowed costs that were written off
resentatives’’ and inserting ‘‘Committee on spection, or evaluation report issued during by management;
the Judiciary of the Senate and the Com- the reporting period, including— ‘‘(III) disallowed costs and funds to be put
mittee on the Judiciary of the House of Rep- ‘‘(A) a listing of each audit, inspection, or to better use not yet recovered or written off
resentatives’’; evaluation; by management;
(6) in section 8G— ‘‘(B) if applicable, the total dollar value of ‘‘(IV) recommendations that were com-
(A) in subsection (d)(2)(E), in the matter questioned costs (including a separate cat- pleted; and
preceding clause (i), by inserting ‘‘the appro- egory for the dollar value of unsupported ‘‘(V) recommendations that management
priate congressional committees, including’’ costs) and the dollar value of recommenda- has subsequently concluded should not or
SSpencer on DSK126QN23PROD with SENATE
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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