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Congressional Record, Senate, November 17, 2021, Page S8390

Summary

A page of the Congressional Record, Senate, dated November 17, 2021, at page S8390, carrying amendment text to H.R. 4350. One part is a Division E on Inspectors General, with a title on testimonial subpoena authority for Inspectors General and a short title citing the IG Testimonial Subpoena Authority. Another part sets up a task force on global biosecurity and zoonotic disease prevention, listing agencies including the United States Agency for International Development, the Fish and Wildlife Service, FEMA and Customs and Border Protection, with appointments within 30 days and terms of 2 years.

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“Congressional Record, Senate, November 17, 2021, Page S8390.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-11-17-crec-2021-11-17-pt1-pgs8390-d5250f34d1/, SHA-256 7fa730f03994fce77244b6005a20fb74cff77b75771f71f2b1e84fac5b1c72f4.

Full text

                                               S8390                                             CONGRESSIONAL RECORD — SENATE                                                   November 17, 2021
                                               for global biosecurity and zoonotic disease                (x) The United States Agency for Inter-             partment of Defense, for military con-
                                               prevention and response that leverages ex-              national Development.                                  struction, and for defense activities of
                                               pertise in public health, consumer education               (xi) The United States Fish and Wildlife            the Department of Energy, to prescribe
                                               and communication, behavior change, wild-               Service.                                               military personnel strengths for such
                                               life health, wildlife conservation, livestock              (xii) The Department of Homeland Secu-
                                               production, veterinary health, food safety,             rity, FEMA.
                                                                                                                                                              fiscal year, and for other purposes;
                                               sustainable forest management, community-                  (xiii) United States Customs and Border             which was ordered to lie on the table;
                                               based conservation, rural food security, and            Protection.                                            as follows:
                                               indigenous rights to coordinate zoonotic dis-              (2) TIMING OF APPOINTMENTS.—Appoint-                  At the end, add the following:
                                               ease surveillance internationally, including            ments to the Task Force shall be made not                 DIVISION E—INSPECTORS GENERAL
                                               support for One Health institutions around              later than 30 days after the date of the enact-        SEC. 5101. SHORT TITLE.
                                               the world that can prevent and provide early            ment of this Act.                                        This division may be cited as the ‘‘Afghan-
                                               detection of zoonotic outbreaks; and                       (3) TERMS.—                                         istan Vetting Review, the IG Testimonial
                                                  (3) expand the scope of the implementation              (A) IN GENERAL.—Each member shall be ap-            Subpoena Authority, and Inspector General
                                               of the White House’s Global Health Security             pointed for a term of 2 years.                         Access Act of 2021’’.
                                               Strategy to more robustly support the pre-                 (B) VACANCIES.—Any member appointed to                  TITLE LI—TESTIMONIAL SUBPOENA
                                               vention of zoonotic spillover and respond to            fill a vacancy occurring before the expira-             AUTHORITY FOR INSPECTORS GENERAL
                                               zoonotic disease investigations and out-                tion of the term for which the member’s
                                               breaks by establishing a 10-year strategy                                                                      SEC. 5111. SHORT TITLE.
                                                                                                       predecessor was appointed shall be appointed
                                               with specific Federal Government domestic                                                                       This title may be cited as the ‘‘IG Testi-
                                                                                                       only for the remainder of that term. A mem-
                                               and international goals, priorities, and                                                                       monial Subpoena Authority Act’’.
                                                                                                       ber may serve after the expiration of that
                                               timelines for action, including to—                                                                            SEC. 5112. ADDITIONAL AUTHORITY PROVISIONS
                                                                                                       term until a successor has been appointed.                         FOR INSPECTORS GENERAL.
                                                  (A) recommend policy actions and mecha-                 (d) MEETING.—
                                               nisms in developing countries to reduce the                                                                      The Inspector General Act of 1978 (5 U.S.C.
                                                                                                          (1) INITIAL MEETING.—The Task Force shall
                                               risk of zoonotic spillover and zoonotic dis-                                                                   App.) is amended—
                                                                                                       hold its initial meeting not later than 45
                                               ease emergence and transmission, including                                                                       (1) by inserting after section 6 the fol-
                                                                                                       days after the final appointment of all mem-
                                               in support of those activities described in                                                                    lowing:
                                                                                                       bers under subsection (c)(2).
                                               section 1077;                                                                                                  ‘‘SEC. 6A. ADDITIONAL AUTHORITY.
                                                                                                          (2) MEETINGS.—
                                                  (B) identify new mandates, authorities,                                                                        ‘‘(a) DEFINITIONS.—In this section—
                                                                                                          (A) IN GENERAL.—The Task Force shall
                                               and incentives needed to strengthen the                                                                          ‘‘(1) the term ‘Chairperson’ means the
                                                                                                       meet at the call of the Chairperson.
                                               global zoonotic disease plan under paragraph                                                                   Chairperson of the Council of the Inspectors
                                                                                                          (B) QUORUM.—Eight members of the Task
                                               (2);                                                    Force shall constitute a quorum, but a lesser          General on Integrity and Efficiency;
                                                  (C) define and list priority areas as coun-          number may hold hearings.                                ‘‘(2) the term ‘Inspector General’—
                                               tries or regions determined to be of high risk             (e) COMPENSATION.—                                    ‘‘(A) means an Inspector General of an es-
                                               for zoonotic disease emergence, as well as                 (1) PROHIBITION OF COMPENSATION.—Except             tablishment or a designated Federal entity
                                               based on, but not limited to, factors that in-          as provided in paragraph (2), members of the           (as defined in section 8G(a)); and
                                               clude wildlife biodiversity, livestock produc-          Task Force may not receive additional pay,               ‘‘(B) includes—
                                               tion, human population density, and active              allowances, or benefits by reason of their               ‘‘(i) the Inspector General of the Central
                                               drivers of disease emergence such as land use           service on the Task Force.                             Intelligence Agency established under sec-
                                               change, including forest degradation and                   (2) TRAVEL EXPENSES.—Each member shall              tion 17 of the Central Intelligence Agency
                                               loss, intensification of livestock production,          receive travel expenses, including per diem            Act of 1949 (50 U.S.C. 3517);
                                               and wildlife trade;                                     in lieu of subsistence, in accordance with ap-           ‘‘(ii) the Inspector General of the Intel-
                                                  (D) prioritize engagement in programs that           plicable provisions under subchapter I of              ligence Community established under sec-
                                               target tropical countries and regions experi-           chapter 57 of title 5, United States Code.             tion 103H of the National Security Act of 1947
                                               encing high rates of biodiversity loss, defor-             (f) REPORTS.—                                       (50 U.S.C. 3033);
                                               estation, forest degradation, and land con-                (1) REPORT TO TASK FORCE.—Not later than              ‘‘(iii) the Special Inspector General for Af-
                                               version and countries with significant mar-             6 months after the date of the enactment of            ghanistan Reconstruction established under
                                               kets for live wildlife for human consump-               this Act and annually thereafter, the Federal          section 1229 of the National Defense Author-
                                               tion; and                                               agencies listed in subsection (c) shall submit         ization Act for Fiscal Year 2008 (Public Law
                                                  (E) identify and recommend actions to ad-            a report to the Task Force containing a de-            110–181; 122 Stat. 379);
                                               dress existing gaps in efforts to prevent and           tailed statement with respect to the results             ‘‘(iv) the Special Inspector General for the
                                               respond to domestic zoonotic disease emer-              of any programming within their agencies               Troubled Asset Relief Plan established under
                                               gence and transmission.                                 that addresses the goals of zoonotic spillover         section 121 of the Emergency Economic Sta-
                                                  (c) MEMBERSHIP.—                                     and disease prevention.                                bilization Act of 2008 (12 U.S.C. 5231); and
                                                  (1) IN GENERAL.—The members of the Task                                                                       ‘‘(v) the Special Inspector General for Pan-
                                                                                                          (2) REPORT TO CONGRESS.—Not later than 1
                                               Force established pursuant to subsection (a)                                                                   demic Recovery established under section
                                                                                                       year after the date of the enactment of this
                                               shall be composed of representatives from                                                                      4018 of the CARES Act (15 U.S.C. 9053); and
                                                                                                       Act and annually thereafter, the Task Force
                                               each of the following agencies:                                                                                  ‘‘(3) the term ‘Subpoena Panel’ means the
                                                                                                       shall submit to the appropriate congres-
                                                  (A) One permanent Chairperson at the                                                                        panel to which requests for approval to issue
                                                                                                       sional committees and the National Security
                                               level of Deputy Assistant Secretary or above                                                                   a subpoena are submitted under subsection
                                                                                                       Advisor a report containing a detailed state-
                                               from the following agencies, to rotate every                                                                   (e).
                                                                                                       ment of the recommendations of the Council
                                               2 years in an order to be determined by the                                                                      ‘‘(b) TESTIMONIAL SUBPOENA AUTHORITY.—
                                                                                                       pursuant to subsection (b).
                                               Administrator:                                             (g) FACA.—Section 14(a)(2)(B) of the Fed-             ‘‘(1) IN GENERAL.—In addition to the au-
                                                  (i) The Department of Agriculture or the             eral Advisory Committee Act shall not apply            thority otherwise provided by this Act and
                                               Animal and Plant Health Inspection Service.             to the Task Force. This task force shall be            in accordance with the requirements of this
                                                  (ii) The Department of Health and Human              authorized for 7 years after the date of the           section, each Inspector General, in carrying
                                               Services or the Centers for Disease Control             enactment of this Act and up to an addi-               out the provisions of this Act or the provi-
                                               and Prevention.                                         tional 2 years at the discretion of the Task           sions of the authorizing statute of the In-
                                                  (iii) The Department of the Interior or the          Force Chair.                                           spector General, as applicable, is authorized
                                               United States Fish and Wildlife Service.                SEC. 1081. RESERVATION OF RIGHTS.                      to require by subpoena the attendance and
                                                  (iv) The Department of State.                          Nothing in this subtitle shall restrict or           testimony of witnesses as necessary in the
                                                  (v) The United States Agency for Inter-              otherwise prohibit—                                    performance of an audit, inspection, evalua-
                                               national Development.                                     (1) legal and regulated hunting, fishing, or         tion, or investigation, which subpoena, in
                                                  (vi) The National Security Council.                  trapping activities for subsistence, sport, or         the case of contumacy or refusal to obey,
                                                  (B) At least 13 additional members, with at          recreation; or                                         shall be enforceable by order of any appro-
                                               least 1 from each of the following agencies:              (2) the lawful domestic and international            priate United States district court.
                                                  (i) The Centers for Disease Control and              transport of legally harvested fish or wildlife          ‘‘(2) PROHIBITION.—An Inspector General
                                               Prevention.                                             trophies.                                              may not require by subpoena the attendance
                                                  (ii) The Department of Agriculture.                                        ---                              and testimony of a Federal employee or em-
                                                  (iii) The Department of Defense.                       SA 4779. Mr. PETERS (for himself,                    ployee of a designated Federal entity, but




SSpencer on DSK126QN23PROD with SENATE
                                                  (iv) The Department of State.                        Mr. PORTMAN, and Mr. GRASSLEY) sub-                    may use other authorized procedures.
                                                  (v) The Environmental Protection Agency.             mitted an amendment intended to be                       ‘‘(3) DETERMINATION BY INSPECTOR GEN-
                                                  (vi) The National Science Foundation.                                                                       ERAL.—The determination of whether a mat-
                                                                                                       proposed to amendment SA 3867 sub-
                                                  (vii) The National Institutes of Health.                                                                    ter constitutes an audit, inspection, evalua-
                                                  (viii) The National Institute of Standards           mitted by Mr. REED and intended to be                  tion, or investigation shall be at the discre-
                                               and Technology.                                         proposed to the bill H.R. 4350, to au-                 tion of the applicable Inspector General.
                                                  (ix) The Office of Science and Technology            thorize appropriations for fiscal year                   ‘‘(c) LIMITATION ON DELEGATION.—The au-
                                               Policy.                                                 2022 for military activities of the De-                thority to issue a subpoena under subsection




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                                               November 17, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                      S8391
                                               (b) may only be delegated to an official per-             ‘‘(2) TIME TO RESPOND.—                              other matter the Council determines nec-
                                               forming the functions and duties of an In-                ‘‘(A) IN GENERAL.—Except as provided in              essary to carry out this section.
                                               spector General when the Inspector General              subparagraph (B), the Subpoena Panel shall               ‘‘(h) APPLICABILITY.—The provisions of this
                                               position is vacant or when the Inspector                approve or deny a request for approval to              section shall not affect the exercise of au-
                                               General is unable to perform the functions              issue a subpoena submitted under paragraph             thority by an Inspector General of testi-
                                               and duties of the Office of the Inspector Gen-          (1) not later than 10 days after the submis-           monial subpoena authority established under
                                               eral.                                                   sion of the request.                                   another provision of law.
                                                  ‘‘(d) NOTICE TO ATTORNEY GENERAL.—                     ‘‘(B) ADDITIONAL INFORMATION FOR PANEL.—               ‘‘(i) TERMINATION.—The authorities pro-
                                                  ‘‘(1) IN GENERAL.—Not less than 10 days be-          If the Subpoena Panel determines that addi-            vided under subsection (b) shall terminate on
                                               fore submitting a request for approval to               tional information is necessary to approve or          January 1, 2027, provided that this subsection
                                               issue a subpoena to the Subpoena Panel                  deny a request for approval to issue a sub-            shall not affect the enforceability of a sub-
                                               under subsection (e), an Inspector General              poena submitted by an Inspector General                poena issued on or before December 31,
                                               shall—                                                                                                         2026.’’;
                                                                                                       under paragraph (1), the Subpoena Panel
                                                  ‘‘(A) notify the Attorney General of the                                                                      (2) in section 5(a), as amended by section
                                                                                                       shall—
                                               plan of the Inspector General to issue the                                                                     903 of this Act—
                                                                                                         ‘‘(i) request that information; and
                                               subpoena; and                                                                                                    (A) in paragraph (16)(B), as so redesignated,
                                                                                                         ‘‘(ii) approve or deny the request for ap-
                                                  ‘‘(B) take into consideration any informa-                                                                  by striking the period at the end and insert-
                                                                                                       proval submitted by the Inspector General
                                               tion provided by the Attorney General relat-                                                                   ing ‘‘; and’’; and
                                                                                                       not later than 20 days after the Subpoena
                                               ing to the subpoena.                                                                                             (B) by adding at the end the following:
                                                                                                       Panel submits the request for information
                                                  ‘‘(2) RULE OF CONSTRUCTION.—Nothing in                                                                        ‘‘(17) a description of the use of subpoenas
                                                                                                       under clause (i).
                                               this subsection may be construed to prevent                                                                    for the attendance and testimony of certain
                                                                                                         ‘‘(3) APPROVAL BY PANEL.—If all members
                                               an Inspector General from submitting to the                                                                    witnesses authorized under section 6A.’’; and
                                                                                                       of the Subpoena Panel unanimously approve
                                               Subpoena Panel under subsection (e) a re-                                                                        (3) in section 8G(g)(1), by inserting ‘‘6A,’’
                                                                                                       a request for approval to issue a subpoena
                                               quest for approval to issue a subpoena if 10                                                                   before ‘‘and 7’’.
                                                                                                       submitted by an Inspector General under
                                               or more days have elapsed since the date on                                                                    SEC. 5113. REVIEW BY THE COMPTROLLER GEN-
                                                                                                       paragraph (1), the Inspector General may
                                               which the Inspector General submits to the                                                                                 ERAL.
                                                                                                       issue the subpoena.
                                               Attorney General the notification required                                                                       Not later than January 1, 2026, the Comp-
                                                                                                         ‘‘(4) NOTICE TO COUNCIL AND ATTORNEY GEN-
                                               under paragraph (1)(A) with respect to that                                                                    troller General of the United States shall
                                                                                                       ERAL.—Upon issuance of a subpoena by an In-
                                               subpoena.                                                                                                      submit to the appropriate congressional
                                                  ‘‘(e) PANEL REVIEW BEFORE ISSUANCE.—                 spector General under subsection (b), the In-          committees a report reviewing the use of tes-
                                                  ‘‘(1) APPROVAL REQUIRED.—                            spector General shall provide contempora-              timonial subpoena authority, which shall in-
                                                  ‘‘(A) REQUEST FOR APPROVAL BY SUBPOENA               neous notice of such issuance to the Chair-            clude—
                                               PANEL.—Before the issuance of a subpoena                person or a designee of the Chairperson and              (1) a summary of the information included
                                               described in subsection (b), an Inspector Gen-          to the Attorney General.                               in the semiannual reports to Congress under
                                               eral shall submit to a panel a request for ap-            ‘‘(f) SEMIANNUAL REPORTING.—On or before             section 6A(f) of the Inspector General Act of
                                               proval to issue the subpoena, which shall in-           May 31, 2022, and every 6 months thereafter,           1978 (5 U.S.C. App.), as added by this title, in-
                                               clude a determination by the Inspector Gen-             the Council of the Inspectors General on In-           cluding an analysis of any patterns and
                                               eral that—                                              tegrity and Efficiency shall submit to the             trends identified in the use of the authority
                                                  ‘‘(i) the testimony is likely to be reason-          Committee on Homeland Security and Gov-                during the reporting period;
                                               ably relevant to the audit, inspection, eval-           ernmental Affairs of the Senate, the Com-                (2) a review of subpoenas issued by inspec-
                                               uation, or investigation for which the sub-             mittee on Oversight and Reform of the House            tors general on and after the date of enact-
                                               poena is sought; and                                    of Representatives, and the Comptroller Gen-           ment of this Act to evaluate compliance
                                                  ‘‘(ii) the information to be sought cannot           eral of the United States a report on the use          with this Act by the respective inspector
                                               be reasonably obtained through other means.             of subpoenas described in subsection (b) in            general, the Subpoena Panel, and the Coun-
                                                  ‘‘(B) COMPOSITION OF SUBPOENA PANEL.—                any audit, inspection, evaluation, or inves-           cil of the Inspectors General on Integrity
                                                  ‘‘(i) IN GENERAL.—Subject to clauses (ii)            tigation that concluded during the imme-               and Efficiency; and
                                               and (iii), a Subpoena Panel shall be com-               diately preceding 6-month periods ending                 (3) any additional analysis, evaluation, or
                                               prised of 3 inspectors general appointed by             March 31 and September 30, which shall in-             recommendation based on observations or in-
                                               the President and confirmed by the Senate,              clude—                                                 formation gathered by the Comptroller Gen-
                                               who shall be randomly drawn by the Chair-                 ‘‘(1) a list of each Inspector General that          eral of the United States during the course
                                               person or a designee of the Chairperson from            has submitted a request for approval of a              of the review.
                                               a pool of all such inspectors general.                  subpoena to the Subpoena Panel;                               TITLE LII—INVESTIGATIONS OF
                                                  ‘‘(ii) CLASSIFIED INFORMATION.—If consider-            ‘‘(2) for each applicable Inspector General,           DEPARTMENT OF JUSTICE PERSONNEL
                                               ation of a request for a subpoena submitted             the number of subpoenas submitted to the
                                                                                                                                                              SEC. 5121. SHORT TITLE.
                                               under subparagraph (A) would require access             Subpoena Panel, approved by the Subpoena
                                                                                                                                                               This title may be cited as the ‘‘Inspector
                                               to classified information, the Chairperson or           Panel, and disapproved by the Subpoena
                                                                                                                                                              General Access Act of 2021’’.
                                               a designee of the Chairperson may limit the             Panel;
                                                                                                                                                              SEC. 5122. INVESTIGATIONS OF DEPARTMENT OF
                                               pool of inspectors general described in clause            ‘‘(3) for each subpoena submitted to the                          JUSTICE PERSONNEL.
                                               (i) to appropriately cleared inspectors gen-            Subpoena Panel for approval—
                                                                                                                                                                 Section 8E of the Inspector General Act of
                                               eral.                                                     ‘‘(A) an anonymized description of the indi-         1978 (5 U.S.C. App.) is amended—
                                                  ‘‘(iii) CONFIRMATION OF AVAILABILITY.—If an          vidual or organization to whom the subpoena               (1) in subsection (b)—
                                               inspector general drawn from the pool de-               was directed;                                             (A) in paragraph (2), by striking ‘‘and para-
                                               scribed in clause (i) does not confirm their              ‘‘(B) the date on which the subpoena re-             graph (3)’’;
                                               availability to serve on the Subpoena Panel             quest was sent to the Attorney General, the               (B) by striking paragraph (3);
                                               within 24 hours of receiving a notification             date on which the Attorney General re-                    (C) by redesignating paragraphs (4) and (5)
                                               from the Chairperson or a designee of the               sponded, and whether the Attorney General              as paragraphs (3) and (4), respectively; and
                                               Chairperson regarding selection for the Sub-            provided information regarding the subpoena               (D) in paragraph (4), as redesignated, by
                                               poena Panel, the Chairperson or a designee              request, including whether the Attorney                striking ‘‘paragraph (4)’’ and inserting
                                               of the Chairperson may randomly draw a                  General opposed issuance of the proposed               ‘‘paragraph (3)’’; and
                                               new inspector general from the pool to serve            subpoena;                                                 (2) in subsection (d), by striking ‘‘, except
                                               on the Subpoena Panel.                                    ‘‘(C) the members of the Subpoena Panel              with respect to allegations described in sub-
                                                  ‘‘(C) CONTENTS OF REQUEST.—The request               considering the subpoena;                              section (b)(3),’’.
                                               described in subparagraph (A) shall include               ‘‘(D) the date on which the subpoena re-
                                                                                                       quest was sent to the Subpoena Panel, the              TITLE LIII—REVIEW RELATING TO AF-
                                               any information provided by the Attorney
                                                                                                       date on which the Subpoena Panel approved                 GHANISTAN RESETTLEMENT AND SPE-
                                               General related to the subpoena, which the
                                                                                                       or disapproved the subpoena request, and the              CIAL IMMIGRANT VISA PROGRAM
                                               Attorney General requests that the Sub-
                                                                                                       decision of the Subpoena Panel; and                    SEC. 5131. REVIEW RELATING TO VETTING, PROC-
                                               poena Panel consider.
                                                                                                                                                                           ESSING, AND RESETTLEMENT OF
                                                  ‘‘(D) PROTECTION FROM DISCLOSURE.—                     ‘‘(E) the date on which the subpoena was
                                                                                                                                                                           EVACUEES   FROM   AFGHANISTAN
                                                  ‘‘(i) IN GENERAL.—The information con-               issued, if approved; and                                            AND THE AFGHANISTAN SPECIAL IM-
                                               tained in a request submitted by an Inspec-               ‘‘(4) any other information the Council of




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                                           MIGRANT VISA PROGRAM.
                                               tor General under subparagraph (A) and the              the Inspectors General on Integrity and Effi-            (a) IN GENERAL.—In accordance with the
                                               identification of a witness shall be protected          ciency considers appropriate to include.               Inspector General Act of 1978 (5 U.S.C. App.),
                                               from disclosure to the extent permitted by                ‘‘(g) TRAINING AND STANDARDS.—The Coun-              the Inspector General of the Department of
                                               law.                                                    cil of the Inspectors General on Integrity             Homeland Security, jointly with the Inspec-
                                                  ‘‘(ii) REQUEST FOR DISCLOSURE.—Any re-               and Efficiency, in consultation with the At-           tor General of the Department of State, and
                                               quest for disclosure of the information de-             torney General, shall promulgate standards             in coordination with any appropriate inspec-
                                               scribed in clause (i) shall be submitted to the         and provide training relating to the issuance          tor general established by that Act or sec-
                                               Inspector General requesting the subpoena.              of subpoenas, conflicts of interest, and any           tion 103H of the National Security Act of 1947




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                                               S8392                                             CONGRESSIONAL RECORD — SENATE                                                   November 17, 2021
                                               (50 U.S.C. 3033), shall conduct a thorough re-             (B) the number of such special immigrant               (ii) whether the evacuee has a valid identi-
                                               view of efforts to support and process evac-            visa applications received, approved, and de-          fication documentation; and
                                               uees from Afghanistan and the Afghanistan               nied, disaggregated by fiscal year;                       (iii) whether any database of the United
                                               special immigrant visa program.                            (C) the number of such special immigrant            States Government contains derogatory in-
                                                 (b) ELEMENTS.—The review required by                  visas issued, as compared to the number                formation about the evacuee.
                                               subsection (a) shall include an assessment of           available under law, disaggregated by fiscal              (C) VET; VETTING.—The term ‘‘vet’’ and
                                               the systems, staffing, policies, and programs           year;                                                  ‘‘vetting’’, with respect to an evacuee, means
                                               used—                                                      (D) an assessment of the average length of          the process by which a Federal official inter-
                                                 (1) to the screen and vet such evacuees, in-          time taken to process an application for such          views the evacuee to determine whether the
                                               cluding—                                                a special immigrant visa, beginning on the             evacuee is who they purport to be, including
                                                 (A) an assessment of whether personnel                date of submission of the application and              whether the evacuee poses a national secu-
                                               conducting such screening and vetting were              ending on the date of final disposition,               rity risk.
                                               appropriately authorized and provided with              disaggregated by fiscal year;                             (d) DISCHARGE OF RESPONSIBILITIES.—The
                                               training, including training in the detection              (E) an accounting of the number of applica-         Inspector General of the Department of
                                               of fraudulent personal identification docu-             tions for such special immigrant visas that            Homeland Security and the Inspector Gen-
                                               ments;                                                  remained pending at the end of each fiscal             eral of the Department of State shall dis-
                                                 (B) an analysis of the degree to which such           year;                                                  charge the responsibilities under this section
                                               screening and vetting deviated from United                 (F) an accounting of the number of inter-           in a manner consistent with the authorities
                                               States law, regulations, policy, and best               views of applicants for such special immi-             and requirements of the Inspector General
                                               practices relating to—                                  grant visas conducted during each fiscal               Act of 1978 (5 U.S.C. App.) and the authori-
                                                 (i) the screening and vetting of parolees,            year;                                                  ties and requirements applicable to the In-
                                               refugees, and applicants for United States                 (G) the number of noncitizens who were ad-          spector General of the Department of Home-
                                               visas that have been in use at any time since           mitted to the United States pursuant to such           land Security and the Inspector General of
                                               January 1, 2016, particularly for individuals           a special immigrant visa during each fiscal            the Department of State under that Act.
                                               from countries with active terrorist organi-            year;                                                     (e) COORDINATION.—Upon request of an In-
                                               zations; and                                               (H) an assessment of the extent to which            spector General for information or assist-
                                                 (ii) the screening and vetting of parolees,           each participating department or agency of             ance under subsection (a), the head of any
                                               refugees, and applicants for United States              the United States Government, including the            Federal agency involved shall, insofar as is
                                               visas pursuant to any mass evacuation effort            Department of State and the Department of              practicable and not in contravention of any
                                               since 1975, particularly for individuals from           Homeland Security, adjusted processing                 existing statutory restriction or regulation
                                               countries with active terrorist organiza-               practices and procedures for such special im-          of the Federal agency from which the infor-
                                               tions;                                                  migrant visas so as to vet applicants and ex-          mation is requested, furnish to such Inspec-
                                                 (C) an identification of any risk to the na-          pand processing capacity since the February            tor General, or to an authorized designee,
                                               tional security of the United States posed by           29, 2020, Doha Agreement between the United            such information or assistance.
                                                                                                       States and the Taliban;                                   (f) RULE OF CONSTRUCTION.—Nothing in this
                                               any such deviations;
                                                                                                          (I) a list of specific steps, if any, taken be-     section shall be construed to limit the abil-
                                                 (D) an analysis of the processes used for
                                                                                                       tween February 29, 2020, and August 31, 2021—          ity of the Inspector General of the Depart-
                                               evacuees traveling without personal identi-
                                                                                                          (i) to streamline the processing of applica-        ment of Homeland Security or the Inspector
                                               fication records, including the creation or
                                                                                                       tions for such special immigrant visas; and            General of the Department of State to enter
                                               provision of any new identification records
                                                                                                          (ii) to address longstanding bureaucratic           into agreements to conduct joint audits, in-
                                               to such evacuees; and
                                                                                                       hurdles while improving security protocols;            spections, or investigations in the exercise of
                                                 (E) an analysis of the degree to which such
                                                                                                          (J) a description of the degree to which the        the oversight responsibilities of the Inspec-
                                               screening and vetting process was capable of
                                                                                                       Secretary of State implemented rec-                    tor General of the Department of Homeland
                                               detecting—
                                                                                                       ommendations made by the Department of                 Security and the Inspector General of the
                                                 (i) instances of human trafficking and do-
                                                                                                       State Office of Inspector General in its June          Department of State, in accordance with the
                                               mestic abuse;
                                                                                                       2020 reports on Review of the Afghan Special           Inspector General Act of 1978 (5 U.S.C. App.),
                                                 (ii) evacuees who are unaccompanied mi-
                                                                                                       Immigrant Visa Program (AUD-MERO-20-35)                with respect to oversight of the evacuation
                                               nors; and
                                                                                                       and Management Assistance Report: Quar-                from Afghanistan, the selection, vetting, and
                                                 (iii) evacuees with a spouse that is a
                                                                                                       terly Reporting on Afghan Special Immi-                processing of applicants for special immi-
                                               minor;
                                                                                                       grant Visa Program Needs Improvement                   grant visas and asylum, and any resettle-
                                                 (2) to admit and process such evacuees at
                                                                                                       (AUD-MERO-20-34);                                      ment in the United States of such evacuees.
                                               United States ports of entry;
                                                 (3) to temporarily house such evacuees                   (K) an assessment of the extent to which                                ---
                                                                                                       challenges in verifying applicants’ employ-              SA 4780. Mr. PETERS (for himself,
                                               prior to resettlement;
                                                 (4) to account for the total number of indi-          ment with the Department of Defense con-               Mr. PORTMAN, and Mr. GRASSLEY) sub-
                                               vidual evacuated from Afghanistan in 2021               tributed to delays in the processing of such           mitted an amendment intended to be
                                               with support of the United States Govern-               special immigrant visas, and an accounting             proposed to amendment SA 3867 sub-
                                               ment, disaggregated by—                                 of the specific steps taken since February 29,         mitted by Mr. REED and intended to be
                                                 (A) country of origin;                                2020, to address issues surrounding employ-            proposed to the bill H.R. 4350, to au-
                                                 (B) age;                                              ment verification; and                                 thorize appropriations for fiscal year
                                                 (C) gender;                                              (L) recommendations to strengthen and
                                                                                                       streamline such special immigrant visa proc-
                                                                                                                                                              2022 for military activities of the De-
                                                 (D) eligibility for special immigrant visas                                                                  partment of Defense, for military con-
                                               under the Afghan Allies Protection Act of               ess going forward.
                                               2009 (8 U.S.C. 1101 note; Public Law 111–8) or             (c) INTERIM REPORTING.—
                                                                                                                                                              struction, and for defense activities of
                                               section 1059 of the National Defense Author-               (1) IN GENERAL.—Not later than 180 days             the Department of Energy, to prescribe
                                               ization Act for Fiscal Year 2006 (8 U.S.C. 1101         after the date of the enactment of this Act,           military personnel strengths for such
                                               note; Public Law 109–163) at the time of evac-          the Inspector General of the Department of             fiscal year, and for other purposes;
                                               uation;                                                 Homeland Security and the Inspector Gen-               which was ordered to lie on the table;
                                                 (E) eligibility for employment-based non-             eral of the Department of State shall submit           as follows:
                                               immigrant visas at the time of evacuation;              to the appropriate congressional committees             At the end, add the following:
                                               and                                                     not fewer than one interim report on the re-
                                                                                                                                                              DIVISION E—INSPECTOR GENERAL INDE-
                                                 (F) familial relationship to evacuees who             view conducted under this section.
                                                                                                                                                               PENDENCE AND EMPOWERMENT ACT
                                               are eligible for visas described in subpara-               (2) FORM.—Any report submitted under
                                                                                                                                                               OF 2021
                                               graphs (D) and (E); and                                 paragraph (1) shall be submitted in unclassi-
                                                 (5) to provide eligible individuals with spe-         fied form, but may include a classified                SEC. 5101. SHORT TITLE.
                                               cial immigrant visas under the Afghan Allies            annex.                                                   This division may be cited as the ‘‘Inspec-
                                               Protection Act of 2009 (8 U.S.C. 1101 note;                (3) DEFINITIONS.—In this subsection:                tor General Independence and Empowerment
                                               Public Law 111–8) and section 1059 of the Na-              (A) APPROPRIATE CONGRESSIONAL COMMIT-               Act of 2021’’.
                                               tional Defense Authorization Act for Fiscal             TEES.—The term ‘‘appropriate congressional                  TITLE LI—INSPECTOR GENERAL
                                               Year 2006 (8 U.S.C. 1101 note; Public Law 109–          committees’’ has the meaning given the                                INDEPENDENCE




SSpencer on DSK126QN23PROD with SENATE
                                               163) since the date of the enactment of the             term in section 12 of the Inspector General            SEC. 5111. SHORT TITLE.
                                               Afghan Allies Protection Act of 2009 (8 U.S.C.          Act of 1978 (5 U.S.C. App.), as amended by               This title may be cited as the ‘‘Securing
                                               1101 note; Public Law 111–8), including—                this Act.                                              Inspector General Independence Act of 2021’’.
                                                 (A) a detailed step-by-step description of               (B)     SCREEN;     SCREENING.—The       terms      SEC. 5112. REMOVAL OR TRANSFER OF INSPEC-
                                               the application process for such special im-            ‘‘screen’’ and ‘‘screening’’, with respect to an                   TORS GENERAL; PLACEMENT ON
                                               migrant visas, including the number of days             evacuee, mean the process by which a Fed-                          NON-DUTY STATUS.
                                               allotted by the United States Government                eral official determines—                                (a) IN GENERAL.—The Inspector General
                                               for the completion of each step;                           (i) the identity of the evacuee;                    Act of 1978 (5 U.S.C. App.) is amended—




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