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Home Source documents Congressional Record, Senate, November 17, 2021 — Amendments to H.R. 4350

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

Summary

Page S8392 of the Senate section of the Congressional Record for November 17, 2021, headed as amendments to H.R. 4350, in interleaved columns. Amendment text requires a thorough review of efforts to support and process evacuees from Afghanistan and the Afghanistan special immigrant visa program, covering the number of special immigrant visa applications received, approved and denied by fiscal year and the number issued compared with those available under law. A vetting provision looks at whether an evacuee has valid identification documentation and whether any Government database contains derogatory information about the evacuee, and text refers to the Convention on Consular Relations.

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Cite this document

“Congressional Record, Senate, November 17, 2021 — Amendments to H.R. 4350.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-11-17-crec-2021-11-17-pt1-pgs8392-801c6a67e1/, SHA-256 5d1d3f880a5fcf8d6b08c73682a1128f29370ce9b4b74fc9a7719eed1c8f524f.

Full text

                                               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




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




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                                               November 17, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8393
                                                 (1) in section 3(b)—                                    ‘‘(II) includes the Inspector General of an            ‘‘(ii) in the communication, the covered of-
                                                 (A) by inserting ‘‘(1)(A)’’ after ‘‘(b)’’;            establishment, the Inspector General of the            ficial includes a report on the determination
                                                 (B) in paragraph (1), as so designated—               Intelligence Community, the Inspector Gen-             described in clause (i), which shall include—
                                                 (i) in subparagraph (A), as so designated, in         eral of the Central Intelligence Agency, the             ‘‘(I) a specification of which clause of sec-
                                               the second sentence—                                    Special Inspector General for Afghanistan              tion 6329b(b)(2)(A) of title 5, United States
                                                 (I) by striking ‘‘reasons’’ and inserting the         Reconstruction, the Special Inspector Gen-             Code, the covered official has determined ap-
                                               following: ‘‘substantive rationale, including           eral for the Troubled Asset Relief Program,            plies under clause (i) of this subparagraph;
                                               detailed and case-specific reasons,’’; and              and the Special Inspector General for Pan-               ‘‘(II) the substantive rationale, including
                                                 (II) by inserting ‘‘(including to the appro-          demic Recovery; and                                    detailed and case-specific reasons, for the de-
                                               priate congressional committees)’’ after                  ‘‘(ii) a reference to the removal or transfer        termination made under clause (i);
                                               ‘‘Houses of Congress’’; and                             of an Inspector General under paragraph (1),             ‘‘(III) an identification of each entity that
                                                 (ii) by adding at the end the following:              or to the written communication described              is conducting, or that conducted, any in-
                                                 ‘‘(B) If there is an open or completed in-            in that paragraph, shall be considered to be—          quiry upon which the determination under
                                               quiry into an Inspector General that relates              ‘‘(I) in the case of the Inspector General of        clause (i) was made; and
                                               to the removal or transfer of the Inspector             the Intelligence Community, a reference to               ‘‘(IV) in the case of an inquiry described in
                                               General under subparagraph (A), the written             section 103H(c)(4) of the National Security            subclause (III) that is completed, the find-
                                               communication required under that subpara-              Act of 1947 (50 U.S.C. 3033(c)(4));                    ings made during that inquiry.
                                               graph shall—                                              ‘‘(II) in the case of the Inspector General of         ‘‘(C) A covered official may not place an
                                                 ‘‘(i) identify each entity that is con-               the Central Intelligence Agency, a reference           Inspector General on non-duty status during
                                               ducting, or that conducted, the inquiry; and            to section 17(b)(6) of the Central Intelligence        the 30-day period preceding the date on
                                                 ‘‘(ii) in the case of a completed inquiry,            Agency Act of 1949 (50 U.S.C. 3517(b)(6));             which the Inspector General is removed or
                                               contain the findings made during the in-                  ‘‘(III) in the case of the Special Inspector         transferred under paragraph (2)(A) unless the
                                               quiry.’’; and                                           General for Afghanistan Reconstruction, a              covered official—
                                                 (C) by adding at the end the following:                                                                        ‘‘(i) has made a determination that the
                                                                                                       reference to section 1229(c)(6) of the National
                                                 ‘‘(2)(A) Subject to the other provisions of                                                                  continued presence of the Inspector General
                                               this paragraph, only the President may place            Defense Authorization Act for Fiscal Year
                                                                                                       2008 (Public Law 110–181; 122 Stat. 378);              in the workplace poses a threat described in
                                               an Inspector General on non-duty status.                                                                       any of clauses (i) through (iv) of section
                                                 ‘‘(B) If the President places an Inspector              ‘‘(IV) in the case of the Special Inspector
                                                                                                       General for the Troubled Asset Relief Pro-             6329b(b)(2)(A) of title 5, United States Code;
                                               General on non-duty status, the President
                                                                                                       gram, a reference to section 121(b)(4) of the          and
                                               shall communicate in writing the sub-
                                                                                                       Emergency Economic Stabilization Act of                  ‘‘(ii) not later than the date on which the
                                               stantive rationale, including detailed and
                                               case-specific reasons, for the change in sta-           2008 (12 U.S.C. 5231(b)(4)); and                       change in status takes effect, submits to
                                               tus to both Houses of Congress (including to              ‘‘(V) in the case of the Special Inspector           both Houses of Congress (including to the ap-
                                               the appropriate congressional committees)               General for Pandemic Recovery, a reference             propriate congressional committees) a writ-
                                               not later than 15 days before the date on               to section 4018(b)(3) of the CARES Act (15             ten communication that contains the infor-
                                               which the change in status takes effect, ex-            U.S.C. 9053(b)(3)).’’; and                             mation required under subparagraph (B), in-
                                               cept that the President may submit that                   (2) in section 8G(e)—                                cluding the report required under clause (ii)
                                               communication not later than the date on                  (A) in paragraph (1), by inserting ‘‘or place-       of that subparagraph.
                                               which the change in status takes effect if—             ment on non-duty status’’ after ‘‘a removal’’;           ‘‘(D) Nothing in this paragraph may be
                                                 ‘‘(i) the President has made a determina-               (B) in paragraph (2)—                                construed to limit or otherwise modify—
                                               tion that the continued presence of the In-               (i) by inserting ‘‘(A)’’ after ‘‘(2)’’;                ‘‘(i) any statutory protection that is af-
                                               spector General in the workplace poses a                  (ii) in subparagraph (A), as so designated,          forded to an Inspector General; or
                                               threat described in any of clauses (i) through          in the first sentence—                                   ‘‘(ii) any other action that a covered offi-
                                               (iv) of section 6329b(b)(2)(A) of title 5, United         (I) by striking ‘‘reasons’’ and inserting the        cial may take under law with respect to an
                                               States Code; and                                        following: ‘‘substantive rationale, including          Inspector General.’’.
                                                 ‘‘(ii) in the communication, the President                                                                     (b) TECHNICAL AND CONFORMING AMEND-
                                                                                                       detailed and case-specific reasons,’’; and
                                                                                                                                                              MENT.—Section 12(3) of the Inspector General
                                               includes a report on the determination de-                (II) by inserting ‘‘(including to the appro-
                                               scribed in clause (i), which shall include—                                                                    Act of 1978 (5 U.S.C. App.) is amended by in-
                                                                                                       priate congressional committees)’’ after
                                                                                                                                                              serting ‘‘except as otherwise expressly pro-
                                                 ‘‘(I) a specification of which clause of sec-         ‘‘Houses of Congress’’; and
                                                                                                                                                              vided,’’ before ‘‘the term’’.
                                               tion 6329b(b)(2)(A) of title 5, United States             (iii) by adding at the end the following:
                                                                                                                                                              SEC. 5113. VACANCY IN POSITION OF INSPECTOR
                                               Code, the President has determined applies
                                                                                                         ‘‘(B) If there is an open or completed in-                       GENERAL.
                                               under clause (i) of this subparagraph;
                                                                                                       quiry into an Inspector General that relates             (a) IN GENERAL.—Section 3 of the Inspector
                                                 ‘‘(II) the substantive rationale, including
                                                                                                       to the removal or transfer of the Inspector            General Act of 1978 (5 U.S.C. App.) is amend-
                                               detailed and case-specific reasons, for the de-
                                                                                                       General under subparagraph (A), the written            ed by adding at the end the following:
                                               termination made under clause (i);                                                                               ‘‘(h)(1) In this subsection—
                                                 ‘‘(III) an identification of each entity that         communication required under that subpara-
                                                                                                       graph shall—                                             ‘‘(A) the term ‘first assistant to the posi-
                                               is conducting, or that conducted, any in-                                                                      tion of Inspector General’ means, with re-
                                               quiry upon which the determination under                  ‘‘(i) identify each entity that is con-
                                                                                                       ducting, or that conducted, the inquiry; and           spect to an Office of Inspector General—
                                               clause (i) was made; and
                                                                                                         ‘‘(ii) in the case of a completed inquiry,             ‘‘(i) an individual who, as of the day before
                                                 ‘‘(IV) in the case of an inquiry described in
                                                                                                       contain the findings made during the in-               the date on which the Inspector General dies,
                                               subclause (III) that is completed, the find-
                                                                                                       quiry.’’; and                                          resigns, or otherwise becomes unable to per-
                                               ings made during that inquiry.
                                                 ‘‘(C) The President may not place an In-                (C) by adding at the end the following:              form the functions and duties of that posi-
                                               spector General on non-duty status during                                                                      tion—
                                                                                                         ‘‘(3)(A) Subject to the other provisions of            ‘‘(I) is serving in a position in that Office;
                                               the 30-day period preceding the date on                 this paragraph, only the head of the applica-
                                               which the Inspector General is removed or                                                                      and
                                                                                                       ble designated Federal entity (referred to in            ‘‘(II) has been designated in writing by the
                                               transferred under paragraph (1)(A) unless the           this paragraph as the ‘covered official’) may
                                               President—                                                                                                     Inspector General, through an order of suc-
                                                                                                       place an Inspector General on non-duty sta-            cession or otherwise, as the first assistant to
                                                 ‘‘(i) has made a determination that the               tus.
                                               continued presence of the Inspector General                                                                    the position of Inspector General; or
                                               in the workplace poses a threat described in              ‘‘(B) If a covered official places an Inspec-          ‘‘(ii) if the Inspector General has not made
                                               any of clauses (i) through (iv) of section              tor General on non-duty status, the covered            a designation described in clause (i)(II)—
                                               6329b(b)(2)(A) of title 5, United States Code;          official shall communicate in writing the                ‘‘(I) the Principal Deputy Inspector Gen-
                                               and                                                     substantive rationale, including detailed and          eral of that Office, as of the day before the
                                                 ‘‘(ii) not later than the date on which the           case-specific reasons, for the change in sta-          date on which the Inspector General dies, re-
                                               change in status takes effect, submits to               tus to both Houses of Congress (including to           signs, or otherwise becomes unable to per-
                                               both Houses of Congress (including to the ap-           the appropriate congressional committees)              form the functions and duties of that posi-
                                               propriate congressional committees) a writ-             not later than 15 days before the date on              tion; or
                                               ten communication that contains the infor-              which the change in status takes effect, ex-             ‘‘(II) if there is no Principal Deputy Inspec-
                                               mation required under subparagraph (B), in-             cept that the covered official may submit              tor General of that Office, the Deputy In-
                                                                                                       that communication not later than the date             spector General of that Office, as of the day




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                                               cluding the report required under clause (ii)
                                               of that subparagraph.                                   on which the change in status takes effect             before the date on which the Inspector Gen-
                                                 ‘‘(D) For the purposes of this paragraph—             if—                                                    eral dies, resigns, or otherwise becomes un-
                                                 ‘‘(i) the term ‘Inspector General’—                     ‘‘(i) the covered official has made a deter-         able to perform the functions and duties of
                                                 ‘‘(I) means an Inspector General who was              mination that the continued presence of the            that position; and
                                               appointed by the President, without regard              Inspector General in the workplace poses a               ‘‘(B) the term ‘Inspector General’—
                                               to whether the Senate provided advice and               threat described in any of clauses (i) through           ‘‘(i) means an Inspector General who is ap-
                                               consent with respect to that appointment;               (iv) of section 6329b(b)(2)(A) of title 5, United      pointed by the President, by and with the ad-
                                               and                                                     States Code; and                                       vice and consent of the Senate; and




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                                               S8394                                             CONGRESSIONAL RECORD — SENATE                                                    November 17, 2021
                                                 ‘‘(ii) includes the Inspector General of an           acting capacity, subject to the time limita-           TITLE LII—PRESIDENTIAL EXPLANATION
                                               establishment, the Inspector General of the             tions of section 3346 of title 5, United States          OF FAILURE TO NOMINATE AN INSPEC-
                                               Intelligence Community, the Inspector Gen-              Code, if—                                                TOR GENERAL
                                               eral of the Central Intelligence Agency, the              ‘‘(i) that direction satisfies the require-          SEC. 5121. PRESIDENTIAL EXPLANATION OF FAIL-
                                               Special Inspector General for the Troubled              ments under clauses (ii), (iii), and (iv) of                        URE TO NOMINATE AN INSPECTOR
                                               Asset Relief Program, and the Special In-               paragraph (2)(C); and                                               GENERAL.
                                               spector General for Pandemic Recovery.                    ‘‘(ii) that officer or employee served in a            (a) IN GENERAL.—Subchapter III of chapter
                                                 ‘‘(2) If an Inspector General dies, resigns,          position in that Office of Inspector General           33 of title 5, United States Code, is amended
                                               or is otherwise unable to perform the func-             for not fewer than 90 of the 365 days pre-             by inserting after section 3349d the fol-
                                               tions and duties of the position—                       ceding the date on which the President                 lowing:
                                                 ‘‘(A) section 3345(a) of title 5, United States       makes that direction.                                  ‘‘§ 3349e. Presidential explanation of failure
                                               Code, and section 103(e) of the National Secu-                                                                    to nominate an inspector general
                                               rity Act of 1947 (50 U.S.C. 3025(e)) shall not            ‘‘(4) An individual may perform the func-
                                                                                                       tions and duties of an Inspector General tem-             ‘‘If the President fails to make a formal
                                               apply;                                                                                                         nomination for a vacant inspector general
                                                 ‘‘(B) subject to paragraph (4), the first as-         porarily and in an acting capacity under sub-
                                                                                                       paragraph (B) or (C) of paragraph (2), or              position that requires a formal nomination
                                               sistant to the position of Inspector General                                                                   by the President to be filled within the pe-
                                               shall perform the functions and duties of the           under paragraph (3), with respect to only 1
                                                                                                       Inspector General position at any given                riod beginning on the later of the date on
                                               Inspector General temporarily in an acting                                                                     which the vacancy occurred or on which a
                                               capacity subject to the time limitations of             time.
                                                                                                                                                              nomination is rejected, withdrawn, or re-
                                               section 3346 of title 5, United States Code;              ‘‘(5) If the President makes a direction             turned, and ending on the day that is 210
                                               and                                                     under paragraph (2)(C), during the 30-day pe-          days after that date, the President shall
                                                 ‘‘(C) notwithstanding subparagraph (B),               riod preceding the date on which the direc-            communicate, within 30 days after the end of
                                               and subject to paragraphs (4) and (5), the              tion of the President takes effect, the func-          such period and not later than June 1 of each
                                               President (and only the President) may di-              tions and duties of the position of the appli-         year thereafter, to the appropriate congres-
                                               rect an officer or employee of any Office of            cable Inspector General shall be performed             sional committees, as defined in section 12 of
                                               an Inspector General to perform the func-               by—                                                    the Inspector General Act of 1978 (5 U.S.C.
                                               tions and duties of the Inspector General                 ‘‘(A) the first assistant to the position of         App.)—
                                               temporarily in an acting capacity subject to            Inspector General; or                                     ‘‘(1) the reasons why the President has not
                                               the time limitations of section 3346 of title 5,          ‘‘(B) the individual performing those func-          yet made a formal nomination; and
                                               United States Code, only if—                            tions and duties temporarily in an acting ca-             ‘‘(2) a target date for making a formal
                                                 ‘‘(i) during the 365-day period preceding the         pacity, as of the date on which the President          nomination.’’.
                                               date of death, resignation, or beginning of             issues that direction, if that individual is an           (b) TECHNICAL AND CONFORMING AMEND-
                                               inability to serve of the Inspector General,            individual other than the first assistant to           MENT.—The table of sections for subchapter
                                               the officer or employee served in a position            the position of Inspector General.’’.                  III of chapter 33 of title 5, United States
                                               in an Office of an Inspector General for not              (b) RULE OF CONSTRUCTION.—Nothing in the             Code, is amended by inserting after the item
                                               less than 90 days, except that—                         amendment made by subsection (a) may be                relating to section 3349d the following:
                                                 ‘‘(I) the requirement under this clause               construed to limit the applicability of sec-           ‘‘3349e. Presidential explanation of failure to
                                               shall not apply if the officer is an Inspector          tions 3345 through 3349d of title 5, United                            nominate an Inspector Gen-
                                               General; and                                            States Code (commonly known as the ‘‘Fed-                              eral.’’.
                                                 ‘‘(II) for the purposes of this subparagraph,         eral Vacancies Reform Act of 1998’’), other               (c) EFFECTIVE DATE.—The amendment
                                               performing the functions and duties of an In-           than with respect to section 3345(a) of that           made by subsection (a) shall take effect—
                                               spector General temporarily in an acting ca-            title.                                                    (1) on the date of enactment of this Act
                                               pacity does not qualify as service in a posi-                                                                  with respect to any vacancy first occurring
                                               tion in an Office of an Inspector General;                (c) EFFECTIVE DATE.—                                 on or after that date; and
                                                 ‘‘(ii) the rate of pay for the position of the          (1) DEFINITION.—In this subsection, the                 (2) on the day that is 210 days after the
                                               officer or employee described in clause (i) is          term ‘‘Inspector General’’ has the meaning             date of enactment of this Act with respect to
                                               equal to or greater than the minimum rate               given the term in subsection (h)(1)(B) of sec-         any vacancy that occurred before the date of
                                               of pay payable for a position at GS–15 of the           tion 3 of the Inspector General Act of 1978 (5         enactment of this Act.
                                               General Schedule;                                       U.S.C. App.), as added by subsection (a) of
                                                                                                                                                              TITLE LIII—INTEGRITY COMMITTEE OF
                                                 ‘‘(iii) the officer or employee has dem-              this section.
                                                                                                                                                                 THE COUNCIL OF INSPECTORS GEN-
                                               onstrated ability in accounting, auditing, fi-            (2) APPLICABILITY.—
                                                                                                                                                                 ERAL ON INTEGRITY AND EFFICIENCY
                                               nancial analysis, law, management analysis,               (A) IN GENERAL.—Except as provided in
                                                                                                                                                                 TRANSPARENCY
                                               public administration, or investigations; and           subparagraph (B), this section, and the
                                                                                                                                                              SEC. 5131. SHORT TITLE.
                                                 ‘‘(iv) not later than 30 days before the date         amendments made by this section, shall take
                                                                                                       effect on the date of enactment of this Act.            This title may be cited as the ‘‘Integrity
                                               on which the direction takes effect, the                                                                       Committee Transparency Act of 2021’’.
                                               President communicates in writing to both                 (B) EXISTING VACANCIES.—If, as of the date
                                                                                                       of enactment of this Act, an individual is             SEC. 5132. ADDITIONAL INFORMATION TO BE IN-
                                               Houses of Congress (including to the appro-                                                                                CLUDED IN REQUESTS AND RE-
                                               priate congressional committees) the sub-               performing the functions and duties of an In-                      PORTS TO CONGRESS.
                                               stantive rationale, including the detailed              spector General temporarily in an acting ca-             Section 11(d) of the Inspector General Act
                                               and case-specific reasons, for such direction,          pacity, this section, and the amendments               of 1978 (5 U.S.C. App.) is amended—
                                               including the reason for the direction that             made by this section, shall take effect with             (1) in paragraph (5)(B)(ii), by striking the
                                               someone other than the individual who is                respect to that Inspector General position on          period at the end and inserting ‘‘, the length
                                               performing the functions and duties of the              the date that is 30 days after the date of en-         of time the Integrity Committee has been
                                               Inspector General temporarily in an acting              actment of this Act.                                   evaluating the allegation of wrongdoing, and
                                               capacity (as of the date on which the Presi-            SEC.   5114.   OFFICE OF INSPECTOR GENERAL             a description of any previous written notice
                                               dent issues that direction) perform those                              WHISTLEBLOWER COMPLAINTS.               provided under this clause with respect to
                                               functions and duties temporarily in an act-                                                                    the allegation of wrongdoing, including the
                                                                                                         (a) WHISTLEBLOWER PROTECTION COORDI-
                                               ing capacity.                                                                                                  description provided for why additional time
                                                                                                       NATOR.—Section 3(d)(1)(C) of the Inspector
                                                 ‘‘(3) Notwithstanding section 3345(a) of                                                                     was needed.’’; and
                                               title 5, United States Code, section 103(e) of          General Act of 1978 (5 U.S.C. App.) is amend-
                                                                                                       ed—                                                      (2) in paragraph (8)(A)(ii), by inserting ‘‘or
                                               the National Security Act of 1947 (50 U.S.C.                                                                   corrective action’’ after ‘‘disciplinary ac-
                                               3025(e)), and subparagraphs (B) and (C) of                (1) in clause (i), in the matter preceding
                                                                                                       subclause (I), by inserting ‘‘, including em-          tion’’.
                                               paragraph (2), and subject to paragraph (4),                                                                   SEC. 5133. AVAILABILITY OF INFORMATION TO
                                               during any period in which an Inspector Gen-            ployees of that Office of Inspector General’’
                                                                                                                                                                          CONGRESS ON CERTAIN ALLEGA-
                                               eral is on non-duty status—                             after ‘‘employees’’; and
                                                                                                                                                                          TIONS OF WRONGDOING CLOSED
                                                 ‘‘(A) the first assistant to the position of            (2) in clause (iii), by inserting ‘‘(including                   WITHOUT REFERRAL.
                                               Inspector General shall perform the func-               the Integrity Committee of that Council)’’               Section 11(d)(5)(B) of the Inspector General
                                               tions and duties of the position temporarily            after ‘‘and Efficiency’’.                              Act of 1978 (5 U.S.C. App.) is amended by add-
                                               in an acting capacity subject to the time                 (b) COUNCIL OF THE INSPECTORS GENERAL ON             ing at the end the following:
                                               limitations of section 3346 of title 5, United          INTEGRITY        AND      EFFICIENCY.—Section            ‘‘(iii) AVAILABILITY OF INFORMATION TO CON-




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                                               States Code; and                                        11(c)(5)(B) of the Inspector General Act of            GRESS ON CERTAIN ALLEGATIONS OF WRONG-
                                                 ‘‘(B) if the first assistant described in sub-        1978 (5 U.S.C. App.) is amended by striking ‘‘,        DOING CLOSED WITHOUT REFERRAL.—
                                               paragraph (A) dies, resigns, or becomes oth-            allegations of reprisal,’’ and inserting the             ‘‘(I) IN GENERAL.—With respect to an alle-
                                               erwise unable to perform those functions and            following: ‘‘and allegations of reprisal (in-          gation of wrongdoing made by a member of
                                               duties, the President (and only the Presi-              cluding the timely and appropriate handling            Congress that is closed by the Integrity
                                               dent) may direct an officer or employee in              and consideration of protected disclosures             Committee without referral to the Chair-
                                               that Office of Inspector General to perform             and allegations of reprisal that are internal          person of the Integrity Committee to ini-
                                               those functions and duties temporarily in an            to an Office of Inspector General)’’.                  tiate an investigation, the Chairperson of




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                                               November 17, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                     S8395
                                               the Integrity Committee shall, not later                when receiving, evaluating, investigating, or          tion 17 of the Central Intelligence Agency
                                               than 60 days after closing the allegation of            referring for investigation an allegation re-          Act of 1949 (50 U.S.C. 3517);
                                               wrongdoing, provide a written description of            ceived by the Integrity Committee, includ-               ‘‘(ii) the Inspector General of the Intel-
                                               the nature of the allegation of wrongdoing              ing a brief description of—                            ligence Community established under sec-
                                               and how the Integrity Committee evaluated                 ‘‘(i) any attempt to prevent or hinder an            tion 103H of the National Security Act of 1947
                                               the allegation of wrongdoing to—                        investigation; or                                      (50 U.S.C. 3033);
                                                 ‘‘(aa) the Chair and Ranking Minority                   ‘‘(ii) concerns about the integrity or oper-           ‘‘(iii) the Special Inspector General for Af-
                                               Member of the Committee on Homeland Se-                 ations at an Office of Inspector General.              ghanistan Reconstruction established under
                                               curity and Governmental Affairs of the Sen-               ‘‘(J) Other matters that the Council con-            section 1229 of the National Defense Author-
                                               ate; and                                                siders appropriate.’’.                                 ization Act for Fiscal Year 2008 (Public Law
                                                 ‘‘(bb) the Chair and Ranking Minority                 SEC. 5135. ADDITIONAL REPORTS.                         110–181; 122 Stat. 379);
                                               Member of the Committee on Oversight and                  Section 5 of the Inspector General Act of              ‘‘(iv) the Special Inspector General for the
                                               Reform of the House of Representatives.                 1978 (5 U.S.C. App.) is amended—                       Troubled Asset Relief Plan established under
                                                 ‘‘(II) REQUIREMENT TO FORWARD.—The                      (1) by redesignating subsections (e) and (f)         section 121 of the Emergency Economic Sta-
                                               Chairperson of the Integrity Committee                  as subsections (g) and (h), respectively; and          bilization Act of 2008 (12 U.S.C. 5231); and
                                               shall forward any written description or up-              (2) by inserting after subsection (d) the fol-         ‘‘(v) the Special Inspector General for Pan-
                                               date provided under this clause to the mem-             lowing:                                                demic Recovery established under section
                                               bers of the Integrity Committee and to the                ‘‘(e) ADDITIONAL REPORTS.—                           4018 of the CARES Act (15 U.S.C. 9053); and
                                               Chairperson of the Council.’’.                            ‘‘(1) REPORT TO INSPECTOR GENERAL.—The                 ‘‘(3) the term ‘Subpoena Panel’ means the
                                               SEC. 5134. SEMIANNUAL REPORT.                           Chairperson of the Integrity Committee of              panel to which requests for approval to issue
                                                 Section 11(d)(9) of the Inspector General             the Council of the Inspectors General on In-           a subpoena are submitted under subsection
                                               Act of 1978 (5 U.S.C. App.) is amended to read          tegrity and Efficiency shall, immediately              (e).
                                               as follows:                                             whenever the Chairperson of the Integrity                ‘‘(b) TESTIMONIAL SUBPOENA AUTHORITY.—
                                                 ‘‘(9) SEMIANNUAL REPORT.—On or before                 Committee becomes aware of particularly se-              ‘‘(1) IN GENERAL.—In addition to the au-
                                               May 31, 2022, and every 6 months thereafter,            rious or flagrant problems, abuses, or defi-           thority otherwise provided by this Act and
                                               the Council shall submit to Congress and the            ciencies relating to the administration of             in accordance with the requirements of this
                                               President a report on the activities of the In-         programs and operations of an Office of In-            section, each Inspector General, in carrying
                                               tegrity Committee during the immediately                spector General for which the Integrity Com-           out the provisions of this Act or the provi-
                                               preceding 6-month periods ending March 31               mittee may receive, review, and refer for in-          sions of the authorizing statute of the In-
                                               and September 30, which shall include the               vestigation allegations of wrongdoing under            spector General, as applicable, is authorized
                                               following with respect to allegations of                section 11(d), submit a report to the Inspec-          to require by subpoena the attendance and
                                               wrongdoing that are made against Inspectors             tor General who leads the Office at which the          testimony of witnesses as necessary in the
                                               General and staff members of the various Of-            serious or flagrant problems, abuses, or defi-         performance of an audit, inspection, evalua-
                                               fices of Inspector General described in para-           ciencies were alleged.                                 tion, or investigation, which subpoena, in
                                               graph (4)(C):                                             ‘‘(2) REPORT TO PRESIDENT, CONGRESS, AND             the case of contumacy or refusal to obey,
                                                 ‘‘(A) An overview and analysis of the alle-           THE ESTABLISHMENT.—Not later than 7 days               shall be enforceable by order of any appro-
                                               gations of wrongdoing disposed of by the In-            after the date on which an Inspector General           priate United States district court.
                                               tegrity Committee, including—                           receives a report submitted under paragraph              ‘‘(2) PROHIBITION.—An Inspector General
                                                 ‘‘(i) analysis of the positions held by indi-         (1), the Inspector General shall submit to the         may not require by subpoena the attendance
                                               viduals against whom allegations were made,             President, the appropriate congressional               and testimony of a Federal employee or em-
                                               including the duties affiliated with such po-           committees, and the head of the establish-             ployee of a designated Federal entity, but
                                               sitions;                                                ment—                                                  may use other authorized procedures.
                                                 ‘‘(ii) analysis of the categories or types of           ‘‘(A) the report received under paragraph              ‘‘(3) DETERMINATION BY INSPECTOR GEN-
                                               the allegations of wrongdoing; and                      (1); and                                               ERAL.—The determination of whether a mat-
                                                 ‘‘(iii) a summary of disposition of all the             ‘‘(B) a report by the Inspector General con-         ter constitutes an audit, inspection, evalua-
                                               allegations.                                            taining any comments the Inspector General             tion, or investigation shall be at the discre-
                                                 ‘‘(B) The number of allegations received by           determines appropriate.’’.                             tion of the applicable Inspector General.
                                               the Integrity Committee.                                SEC. 5136. REQUIREMENT TO REPORT FINAL DIS-              ‘‘(c) LIMITATION ON DELEGATION.—The au-
                                                 ‘‘(C) The number of allegations referred to                       POSITION TO CONGRESS.                      thority to issue a subpoena under subsection
                                               the Department of Justice or the Office of                Section 11(d)(8)(B) of the Inspector General         (b) may only be delegated to an official per-
                                               Special Counsel, including the number of al-            Act of 1978 (5 U.S.C. App.) is amended by in-          forming the functions and duties of an In-
                                               legations referred for criminal investigation.          serting ‘‘and the appropriate congressional            spector General when the Inspector General
                                                 ‘‘(D) The number of allegations referred to           committees’’ after ‘‘Integrity Committee’’.            position is vacant or when the Inspector
                                               the Chairperson of the Integrity Committee              SEC. 5137. INVESTIGATIONS OF OFFICES OF IN-            General is unable to perform the functions
                                               for investigation, a general description of                         SPECTORS GENERAL OF ESTABLISH-             and duties of the Office of the Inspector Gen-
                                                                                                                   MENTS BY THE INTEGRITY COM-                eral.
                                               the status of such investigations, and a sum-                       MITTEE.
                                               mary of the findings of investigations com-                                                                      ‘‘(d) NOTICE TO ATTORNEY GENERAL.—
                                                                                                          Section 11(d)(7)(B)(i)(V) of the Inspector
                                               pleted.                                                                                                          ‘‘(1) IN GENERAL.—Not less than 10 days be-
                                                                                                       General Act of 1978 (5 U.S.C. App.) is amend-
                                                 ‘‘(E) An overview and analysis of allega-                                                                    fore submitting a request for approval to
                                                                                                       ed by inserting ‘‘, and that an investigation
                                               tions of wrongdoing received by the Integ-                                                                     issue a subpoena to the Subpoena Panel
                                                                                                       of an Office of Inspector General of an estab-
                                               rity Committee during any previous report-                                                                     under subsection (e), an Inspector General
                                                                                                       lishment is conducted by another Office of
                                               ing period, but remained pending during                                                                        shall—
                                                                                                       Inspector General of an establishment’’ after
                                               some part of the six months covered by the                                                                       ‘‘(A) notify the Attorney General of the
                                                                                                       ‘‘size’’.
                                               report, including—                                                                                             plan of the Inspector General to issue the
                                                 ‘‘(i) analysis of the positions held by indi-             TITLE LIV—TESTIMONIAL SUBPOENA                     subpoena; and
                                               viduals against whom allegations were made,               AUTHORITY FOR INSPECTORS GENERAL                       ‘‘(B) take into consideration any informa-
                                               including the duties affiliated with such po-           SEC. 5141. SHORT TITLE.                                tion provided by the Attorney General relat-
                                               sitions;                                                 This title may be cited as the ‘‘IG Testi-            ing to the subpoena.
                                                 ‘‘(ii) analysis of the categories or types of         monial Subpoena Authority Act’’.                         ‘‘(2) RULE OF CONSTRUCTION.—Nothing in
                                               the allegations of wrongdoing; and                      SEC. 5142. ADDITIONAL AUTHORITY PROVISIONS             this subsection may be construed to prevent
                                                 ‘‘(iii) a summary of disposition of all the                       FOR INSPECTORS GENERAL.                    an Inspector General from submitting to the
                                               allegations.                                              The Inspector General Act of 1978 (5 U.S.C.          Subpoena Panel under subsection (e) a re-
                                                 ‘‘(F) The number and category or type of              App.) is amended—                                      quest for approval to issue a subpoena if 10
                                               pending investigations.                                   (1) by inserting after section 6 the fol-            or more days have elapsed since the date on
                                                 ‘‘(G) For each allegation received—                   lowing:                                                which the Inspector General submits to the
                                                 ‘‘(i) the date on which the investigation             ‘‘SEC. 6A. ADDITIONAL AUTHORITY.                       Attorney General the notification required
                                               was opened;                                                ‘‘(a) DEFINITIONS.—In this section—                 under paragraph (1)(A) with respect to that
                                                 ‘‘(ii) the date on which the allegation was             ‘‘(1) the term ‘Chairperson’ means the               subpoena.
                                               disposed of, as applicable; and                         Chairperson of the Council of the Inspectors             ‘‘(e) PANEL REVIEW BEFORE ISSUANCE.—




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                                                 ‘‘(iii) the case number associated with the           General on Integrity and Efficiency;                     ‘‘(1) APPROVAL REQUIRED.—
                                               allegation.                                               ‘‘(2) the term ‘Inspector General’—                    ‘‘(A) REQUEST FOR APPROVAL BY SUBPOENA
                                                 ‘‘(H) The nature and number of allegations              ‘‘(A) means an Inspector General of an es-           PANEL.—Before the issuance of a subpoena
                                               to the Integrity Committee closed without               tablishment or a designated Federal entity             described in subsection (b), an Inspector Gen-
                                               referral, including the justification for why           (as defined in section 8G(a)); and                     eral shall submit to a panel a request for ap-
                                               each allegation was closed without referral.              ‘‘(B) includes—                                      proval to issue the subpoena, which shall in-
                                                 ‘‘(I) A brief description of any difficulty             ‘‘(i) the Inspector General of the Central           clude a determination by the Inspector Gen-
                                               encountered by the Integrity Committee                  Intelligence Agency established under sec-             eral that—




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                                               S8396                                             CONGRESSIONAL RECORD — SENATE                                                    November 17, 2021
                                                  ‘‘(i) the testimony is likely to be reason-          ernmental Affairs of the Senate, the Com-                (2) a review of subpoenas issued by inspec-
                                               ably relevant to the audit, inspection, eval-           mittee on Oversight and Reform of the House            tors general on and after the date of enact-
                                               uation, or investigation for which the sub-             of Representatives, and the Comptroller Gen-           ment of this Act to evaluate compliance
                                               poena is sought; and                                    eral of the United States a report on the use          with this Act by the respective inspector
                                                  ‘‘(ii) the information to be sought cannot           of subpoenas described in subsection (b) in            general, the Subpoena Panel, and the Coun-
                                               be reasonably obtained through other means.             any audit, inspection, evaluation, or inves-           cil of the Inspectors General on Integrity
                                                  ‘‘(B) COMPOSITION OF SUBPOENA PANEL.—                tigation that concluded during the imme-               and Efficiency; and
                                                  ‘‘(i) IN GENERAL.—Subject to clauses (ii)            diately preceding 6-month periods ending                 (3) any additional analysis, evaluation, or
                                               and (iii), a Subpoena Panel shall be com-               March 31 and September 30, which shall in-             recommendation based on observations or in-
                                               prised of 3 inspectors general appointed by             clude—                                                 formation gathered by the Comptroller Gen-
                                               the President and confirmed by the Senate,                ‘‘(1) a list of each Inspector General that          eral of the United States during the course
                                               who shall be randomly drawn by the Chair-               has submitted a request for approval of a              of the review.
                                               person or a designee of the Chairperson from            subpoena to the Subpoena Panel;
                                               a pool of all such inspectors general.                    ‘‘(2) for each applicable Inspector General,             TITLE LV—INVESTIGATIONS OF
                                                  ‘‘(ii) CLASSIFIED INFORMATION.—If consider-          the number of subpoenas submitted to the                DEPARTMENT OF JUSTICE PERSONNEL
                                               ation of a request for a subpoena submitted             Subpoena Panel, approved by the Subpoena               SEC. 5151. SHORT TITLE.
                                               under subparagraph (A) would require access             Panel, and disapproved by the Subpoena
                                               to classified information, the Chairperson or           Panel;                                                  This title may be cited as the ‘‘Inspector
                                               a designee of the Chairperson may limit the               ‘‘(3) for each subpoena submitted to the             General Access Act of 2021’’.
                                               pool of inspectors general described in clause          Subpoena Panel for approval—                           SEC. 5152. INVESTIGATIONS OF DEPARTMENT OF
                                               (i) to appropriately cleared inspectors gen-              ‘‘(A) an anonymized description of the indi-                      JUSTICE PERSONNEL.
                                               eral.                                                   vidual or organization to whom the subpoena
                                                  ‘‘(iii) CONFIRMATION OF AVAILABILITY.—If an          was directed;                                             Section 8E of the Inspector General Act of
                                               inspector general drawn from the pool de-                 ‘‘(B) the date on which the subpoena re-             1978 (5 U.S.C. App.) is amended—
                                               scribed in clause (i) does not confirm their            quest was sent to the Attorney General, the               (1) in subsection (b)—
                                               availability to serve on the Subpoena Panel             date on which the Attorney General re-                    (A) in paragraph (2), by striking ‘‘and para-
                                               within 24 hours of receiving a notification             sponded, and whether the Attorney General              graph (3)’’;
                                               from the Chairperson or a designee of the               provided information regarding the subpoena               (B) by striking paragraph (3);
                                               Chairperson regarding selection for the Sub-            request, including whether the Attorney                   (C) by redesignating paragraphs (4) and (5)
                                               poena Panel, the Chairperson or a designee              General opposed issuance of the proposed               as paragraphs (3) and (4), respectively; and
                                               of the Chairperson may randomly draw a                  subpoena;                                                 (D) in paragraph (4), as redesignated, by
                                               new inspector general from the pool to serve              ‘‘(C) the members of the Subpoena Panel              striking ‘‘paragraph (4)’’ and inserting
                                               on the Subpoena Panel.                                  considering the subpoena;                              ‘‘paragraph (3)’’; and
                                                  ‘‘(C) CONTENTS OF REQUEST.—The request                 ‘‘(D) the date on which the subpoena re-                (2) in subsection (d), by striking ‘‘, except
                                               described in subparagraph (A) shall include             quest was sent to the Subpoena Panel, the              with respect to allegations described in sub-
                                               any information provided by the Attorney                date on which the Subpoena Panel approved              section (b)(3),’’.
                                               General related to the subpoena, which the              or disapproved the subpoena request, and the
                                               Attorney General requests that the Sub-                                                                        TITLE LVI—NOTICE OF ONGOING INVES-
                                                                                                       decision of the Subpoena Panel; and                      TIGATIONS WHEN THERE IS A CHANGE
                                               poena Panel consider.                                     ‘‘(E) the date on which the subpoena was
                                                  ‘‘(D) PROTECTION FROM DISCLOSURE.—                                                                            IN STATUS OF INSPECTOR GENERAL
                                                                                                       issued, if approved; and
                                                  ‘‘(i) IN GENERAL.—The information con-                 ‘‘(4) any other information the Council of           SEC. 5161. NOTICE OF ONGOING INVESTIGATIONS
                                               tained in a request submitted by an Inspec-             the Inspectors General on Integrity and Effi-                      WHEN THERE IS A CHANGE IN STA-
                                               tor General under subparagraph (A) and the              ciency considers appropriate to include.
                                                                                                                                                                          TUS OF INSPECTOR GENERAL.
                                               identification of a witness shall be protected            ‘‘(g) TRAINING AND STANDARDS.—The Coun-                Section 5 of the Inspector General Act of
                                               from disclosure to the extent permitted by              cil of the Inspectors General on Integrity             1978 (5 U.S.C. App.) is amended by inserting
                                               law.                                                    and Efficiency, in consultation with the At-           after subsection (e), as added by section 5135
                                                  ‘‘(ii) REQUEST FOR DISCLOSURE.—Any re-               torney General, shall promulgate standards             of this division, the following:
                                               quest for disclosure of the information de-             and provide training relating to the issuance
                                               scribed in clause (i) shall be submitted to the                                                                  ‘‘(f) Not later than 15 days after an Inspec-
                                                                                                       of subpoenas, conflicts of interest, and any
                                               Inspector General requesting the subpoena.                                                                     tor General is removed, placed on paid or un-
                                                                                                       other matter the Council determines nec-
                                                  ‘‘(2) TIME TO RESPOND.—                                                                                     paid non-duty status, or transferred to an-
                                                                                                       essary to carry out this section.
                                                  ‘‘(A) IN GENERAL.—Except as provided in                ‘‘(h) APPLICABILITY.—The provisions of this          other position or location within an estab-
                                               subparagraph (B), the Subpoena Panel shall              section shall not affect the exercise of au-           lishment, the officer or employee performing
                                               approve or deny a request for approval to               thority by an Inspector General of testi-              the functions and duties of the Inspector
                                               issue a subpoena submitted under paragraph              monial subpoena authority established under            General temporarily in an acting capacity
                                               (1) not later than 10 days after the submis-            another provision of law.                              shall submit to the Committee on Homeland
                                               sion of the request.                                      ‘‘(i) TERMINATION.—The authorities pro-              Security and Governmental Affairs of the
                                                  ‘‘(B) ADDITIONAL INFORMATION FOR PANEL.—             vided under subsection (b) shall terminate on          Senate and the Committee on Oversight and
                                               If the Subpoena Panel determines that addi-             January 1, 2027, provided that this subsection         Reform of the House of Representatives in-
                                               tional information is necessary to approve or           shall not affect the enforceability of a sub-          formation regarding work being conducted
                                               deny a request for approval to issue a sub-             poena issued on or before December 31,                 by the Office as of the date on which the In-
                                               poena submitted by an Inspector General                 2026.’’;                                               spector General was removed, placed on paid
                                               under paragraph (1), the Subpoena Panel                   (2) in section 5(a), as amended by section           or unpaid non-duty status, or transferred,
                                               shall—                                                  903 of this Act—                                       which shall include—
                                                  ‘‘(i) request that information; and                    (A) in paragraph (16)(B), as so redesignated,          ‘‘(1) for each investigation—
                                                  ‘‘(ii) approve or deny the request for ap-           by striking the period at the end and insert-            ‘‘(A) the type of alleged offense;
                                               proval submitted by the Inspector General               ing ‘‘; and’’; and                                       ‘‘(B) the fiscal quarter in which the Office
                                               not later than 20 days after the Subpoena                 (B) by adding at the end the following:              initiated the investigation;
                                               Panel submits the request for information                 ‘‘(17) a description of the use of subpoenas           ‘‘(C) the relevant Federal agency, includ-
                                               under clause (i).                                       for the attendance and testimony of certain            ing the relevant component of that Federal
                                                  ‘‘(3) APPROVAL BY PANEL.—If all members              witnesses authorized under section 6A.’’; and          agency for any Federal agency listed in sec-
                                               of the Subpoena Panel unanimously approve                 (3) in section 8G(g)(1), by inserting ‘‘6A,’’        tion 901(b) of title 31, United States Code,
                                               a request for approval to issue a subpoena              before ‘‘and 7’’.                                      under investigation or affiliated with the in-
                                               submitted by an Inspector General under                 SEC. 5143. REVIEW BY THE COMPTROLLER GEN-              dividual or entity under investigation; and
                                               paragraph (1), the Inspector General may                            ERAL.                                        ‘‘(D) whether the investigation is adminis-
                                               issue the subpoena.                                       Not later than January 1, 2026, the Comp-            trative, civil, criminal, or a combination
                                                  ‘‘(4) NOTICE TO COUNCIL AND ATTORNEY GEN-            troller General of the United States shall             thereof, if known; and
                                               ERAL.—Upon issuance of a subpoena by an In-             submit to the appropriate congressional                  ‘‘(2) for any work not described in para-
                                               spector General under subsection (b), the In-           committees a report reviewing the use of tes-          graph (1)—
                                                                                                       timonial subpoena authority, which shall in-             ‘‘(A) a description of the subject matter




SSpencer on DSK126QN23PROD with SENATE
                                               spector General shall provide contempora-
                                               neous notice of such issuance to the Chair-             clude—                                                 and scope;
                                               person or a designee of the Chairperson and               (1) a summary of the information included              ‘‘(B) the relevant agency, including the rel-
                                               to the Attorney General.                                in the semiannual reports to Congress under            evant component of that Federal agency,
                                                  ‘‘(f) SEMIANNUAL REPORTING.—On or before             section 6A(f) of the Inspector General Act of          under review;
                                               May 31, 2022, and every 6 months thereafter,            1978 (5 U.S.C. App.), as added by this title, in-        ‘‘(C) the date on which the Office initiated
                                               the Council of the Inspectors General on In-            cluding an analysis of any patterns and                the work; and
                                               tegrity and Efficiency shall submit to the              trends identified in the use of the authority            ‘‘(D) the expected time frame for comple-
                                               Committee on Homeland Security and Gov-                 during the reporting period;                           tion.’’.




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                                               November 17, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                       S8397
                                               TITLE LVII—COUNCIL OF THE INSPEC-                       the Congress’’ and inserting ‘‘the appropriate         and inserting ‘‘the appropriate congressional
                                                 TORS GENERAL ON INTEGRITY AND EF-                     congressional committees, including the                committees’’; and
                                                 FICIENCY REPORT ON EXPENDITURES                       Committee on Armed Services of the Senate                 (ii) by striking subparagraph (C);
                                               SEC. 5171. CIGIE REPORT ON EXPENDITURES.                and the Committee on Armed Services of the                (7) in section 8I—
                                                 Section 11(c)(3) of the Inspector General             House of Representatives’’; and                           (A) in subsection (a)(3), in the matter pre-
                                               Act of 1978 (5 U.S.C. App.) is amended by add-            (ii) in paragraph (4), by striking ‘‘and to          ceding subparagraph (A), by striking ‘‘com-
                                               ing at the end the following:                           other appropriate committees or subcommit-             mittees and subcommittees of Congress’’ and
                                                 ‘‘(D) REPORT ON EXPENDITURES.—Not later               tees’’; and                                            inserting ‘‘congressional committees’’; and
                                                                                                         (B) in subsection (f)—                                  (B) in subsection (d), by striking ‘‘commit-
                                               than November 30 of each year, the Chair-
                                                                                                         (i) in paragraph (1), by striking ‘‘the Com-         tees and subcommittees of Congress’’ each
                                               person shall submit to the appropriate com-
                                                                                                       mittees on Armed Services and on Homeland              place it appears and inserting ‘‘congressional
                                               mittees or subcommittees of Congress, in-
                                                                                                       Security and Governmental Affairs of the               committees’’;
                                               cluding the Committee on Appropriations of
                                                                                                       Senate and the Committees on Armed Serv-                  (8) in section 8N(b), by striking ‘‘commit-
                                               the Senate and the Committee on Appropria-
                                                                                                       ices and on Oversight and Government Re-               tees of Congress’’ and inserting ‘‘congres-
                                               tions of the House of Representatives, a re-
                                                                                                       form of the House of Representatives and to            sional committees’’;
                                               port on the expenditures of the Council for
                                                                                                       other appropriate committees or subcommit-                (9) in section 11—
                                               the preceding fiscal year, including from di-
                                                                                                       tees of Congress’’ and inserting ‘‘the appro-             (A) in subsection (b)(3)(B)(viii)—
                                               rect appropriations to the Council, inter-
                                                                                                       priate congressional committees, including                (i) by striking subclauses (III) and (IV);
                                               agency funding pursuant to subparagraph                 the Committee on Armed Services of the
                                               (A), a revolving fund pursuant to subpara-                                                                        (ii) in subclause (I), by adding ‘‘and’’ at the
                                                                                                       Senate and the Committee on Armed Serv-                end; and
                                               graph (B), or any other source.’’.                      ices of the House of Representatives’’; and               (iii) by amending subclause (II) to read as
                                                  TITLE LVIII—NOTICE OF REFUSAL TO                       (ii) in paragraph (2), by striking ‘‘commit-         follows:
                                                PROVIDE INSPECTORS GENERAL ACCESS                      tees or subcommittees of the Congress’’ and               ‘‘(II) the appropriate congressional com-
                                               SEC. 5181. NOTICE OF REFUSAL TO PROVIDE IN-             inserting ‘‘congressional committees’’;                mittees.’’; and
                                                           FORMATION OR ASSISTANCE TO IN-                (4) in section 8D—                                      (B) in subsection (d)(8)(A)(iii), by striking
                                                           SPECTORS GENERAL.                             (A) in subsection (a)(3), by striking ‘‘Com-         ‘‘to the’’ and all that follows through ‘‘juris-
                                                 Section 6(c) of the Inspector General Act of          mittees on Governmental Affairs and Fi-                diction’’ and inserting ‘‘to the appropriate
                                               1978 (5 U.S.C. App.) is amended by adding at            nance of the Senate and the Committees on              congressional committees’’; and
                                               the end the following:                                  Government Operations and Ways and Means                  (10) in section 12—
                                                 ‘‘(3) If the information or assistance that is        of the House of Representatives, and to other             (A) in paragraph (4), by striking ‘‘and’’ at
                                               the subject of a report under paragraph (2) is          appropriate committees or subcommittees of             the end;
                                               not provided to the Inspector General by the            the Congress’’ and inserting ‘‘appropriate                (B) in paragraph (5), by striking the period
                                               date that is 30 days after the report is made,          congressional committees, including the                at the end and inserting ‘‘; and’’; and
                                               the Inspector General shall submit a notice             Committee on Finance of the Senate and the                (C) by adding at the end the following:
                                               that the information or assistance requested            Committee on Ways and Means of the House                  ‘‘(6) the term ‘appropriate congressional
                                               has not been provided by the head of the es-            of Representatives’’; and
                                                                                                                                                              committees’ means—
                                               tablishment involved or the head of the Fed-              (B) in subsection (g)—
                                                                                                                                                                 ‘‘(A) the Committee on Homeland Security
                                               eral agency involved, as applicable, to the               (i) in paragraph (1)—
                                                                                                                                                              and Governmental Affairs of the Senate;
                                               appropriate congressional committees.’’.                  (I) by striking ‘‘committees or subcommit-
                                                                                                                                                                 ‘‘(B) the Committee on Oversight and Re-
                                               TITLE LIX—TRAINING RESOURCES FOR                        tees of the Congress’’ and inserting ‘‘congres-
                                                                                                                                                              form of the House of Representatives; and
                                                 INSPECTORS GENERAL AND OTHER                          sional committees’’; and
                                                                                                                                                                 ‘‘(C) any other relevant congressional com-
                                                 MATTERS                                                 (II) by striking ‘‘Committees on Govern-
                                                                                                                                                              mittee or subcommittee of jurisdiction.’’.
                                                                                                       mental Affairs and Finance of the Senate
                                               SEC. 5191. TRAINING RESOURCES FOR INSPEC-               and the Committees on Government Reform                SEC. 5193. SEMIANNUAL REPORTS.
                                                           TORS GENERAL.                                                                                        The Inspector General Act of 1978 (5 U.S.C.
                                                                                                       and Oversight and Ways and Means of the
                                                 Section 11(c)(1) of the Inspector General             House of Representatives’’ and inserting               App.) is amended—
                                               Act of 1978 (5 U.S.C. App.) is amended—                 ‘‘Committee on Finance of the Senate and                 (1) in section 4(a)(2)—
                                                 (1) by redesignating subparagraphs (E)                the Committee on Ways and Means of the                   (A) by inserting ‘‘, including’’ after ‘‘to
                                               through (I) as subparagraphs (F) through (J),           House of Representatives’’; and                        make recommendations’’; and
                                               respectively; and                                         (ii) in paragraph (2), by striking ‘‘commit-           (B) by inserting a comma after ‘‘section
                                                 (2) by inserting after subparagraph (D) the           tees or subcommittees of Congress’’ and in-            5(a)’’;
                                               following:                                              serting ‘‘congressional committees’’;                    (2) in section 5—
                                                 ‘‘(E) support the professional development              (5) in section 8E—                                     (A) in subsection (a)—
                                               of Inspectors General, including by providing             (A) in subsection (a)(3), by striking ‘‘Com-           (i) by striking paragraphs (1) through (12)
                                               training opportunities on the duties, respon-           mittees on Governmental Affairs and Judici-            and inserting the following:
                                               sibilities, and authorities under this Act and          ary of the Senate and the Committees on                  ‘‘(1) a description of significant problems,
                                               on topics relevant to Inspectors General and            Government Operations and Judiciary of the             abuses, and deficiencies relating to the ad-
                                               the work of Inspectors General, as identified           House of Representatives, and to other ap-             ministration of programs and operations of
                                               by Inspectors General and the Council.’’.               propriate committees or subcommittees of               the establishment and associated reports and
                                               SEC. 5192. DEFINITION OF APPROPRIATE CON-               the Congress’’ and inserting ‘‘appropriate             recommendations for corrective action made
                                                           GRESSIONAL COMMITTEES.                      congressional committees, including the                by the Office;
                                                 The Inspector General Act of 1978 (5 U.S.C.           Committee on the Judiciary of the Senate                 ‘‘(2) an identification of each recommenda-
                                               App.) is amended—                                       and the Committee on the Judiciary of the              tion made before the reporting period, for
                                                 (1) in section 5—                                     House of Representatives’’; and                        which corrective action has not been com-
                                                 (A) in subsection (b), in the matter pre-               (B) in subsection (c)—                               pleted, including the potential costs savings
                                               ceding paragraph (1), by striking ‘‘commit-               (i) by striking ‘‘committees or subcommit-           associated with the recommendation;
                                               tees or subcommittees of the Congress’’ and             tees of the Congress’’ and inserting ‘‘congres-          ‘‘(3) a summary of significant investiga-
                                               inserting ‘‘congressional committees’’; and             sional committees’’; and                               tions closed during the reporting period;
                                                 (B) in subsection (d), by striking ‘‘commit-            (ii) by striking ‘‘Committees on the Judici-           ‘‘(4) an identification of the total number
                                               tees or subcommittees of Congress’’ and in-             ary and Governmental Affairs of the Senate             of convictions during the reporting period re-
                                               serting ‘‘congressional committees’’;                   and the Committees on the Judiciary and                sulting from investigations;
                                                 (2) in section 6(h)(4)—                               Government Operations of the House of Rep-               ‘‘(5) information regarding each audit, in-
                                                 (A) in subparagraph (B), by striking ‘‘Gov-           resentatives’’ and inserting ‘‘Committee on            spection, or evaluation report issued during
                                               ernment’’; and                                          the Judiciary of the Senate and the Com-               the reporting period, including—
                                                 (B) by amending subparagraph (C) to read              mittee on the Judiciary of the House of Rep-             ‘‘(A) a listing of each audit, inspection, or
                                               as follows:                                             resentatives’’;                                        evaluation;
                                                 ‘‘(C) Any other relevant congressional                  (6) in section 8G—                                     ‘‘(B) if applicable, the total dollar value of
                                               committee or subcommittee of jurisdic-                    (A) in subsection (d)(2)(E), in the matter           questioned costs (including a separate cat-
                                               tion.’’;                                                preceding clause (i), by inserting ‘‘the appro-        egory for the dollar value of unsupported
                                                 (3) in section 8—                                     priate congressional committees, including’’           costs) and the dollar value of recommenda-




SSpencer on DSK126QN23PROD with SENATE
                                                 (A) in subsection (b)—                                after ‘‘are’’; and                                     tions that funds be put to better use, includ-
                                                 (i) in paragraph (3), by striking ‘‘the Com-            (B) in subsection (f)(3)—                            ing whether a management decision had been
                                               mittees on Armed Services and Govern-                     (i) in subparagraph (A)(iii), by striking            made by the end of the reporting period;
                                               mental Affairs of the Senate and the Com-               ‘‘Committee on Governmental Affairs of the               ‘‘(6) information regarding any manage-
                                               mittee on Armed Services and the Com-                   Senate and the Committee on Government                 ment decision made during the reporting pe-
                                               mittee on Government Reform and Oversight               Reform and Oversight of the House of Rep-              riod with respect to any audit, inspection, or
                                               of the House of Representatives and to other            resentatives, and to other appropriate com-            evaluation issued during a previous report-
                                               appropriate committees or subcommittees of              mittees or subcommittees of the Congress’’             ing period;’’;




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                                               S8398                                             CONGRESSIONAL RECORD — SENATE                                                    November 17, 2021
                                                 (ii) by redesignating paragraphs (13)                   (ii) by redesignating paragraph (4) as para-         tor General during the creation of the audit,
                                               through (22) as paragraphs (7) through (16),            graph (3);                                             evaluation, inspection, or non-investigative
                                               respectively;                                             (iii) in paragraph (3), as so redesignated, by       report.
                                                 (iii) by amending paragraph (13), as so re-           striking ‘‘subsection (a)(20)(A)’’ and insert-           ‘‘(C) An Inspector General shall review any
                                               designated, to read as follows:                         ing ‘‘subsection (a)(14)(A)’’; and                     written response received under subpara-
                                                 ‘‘(13) a report on each investigation con-              (iv) by striking paragraph (5) and inserting         graph (A) for the purpose of preventing the
                                               ducted by the Office where allegations of               the following:                                         improper disclosure of classified information
                                               misconduct were substantiated, including                  ‘‘(4) a statement explaining why final ac-           or other non-public information, consistent
                                               the name of the senior Government em-                   tion has not been taken with respect to each           with applicable laws, rules, and regulations,
                                               ployee, if already made public by the Office,           audit, inspection, and evaluation report in            and, if necessary, redact such information.’’.
                                               and a detailed description of—                          which a management decision has been made                (b) RETROACTIVE APPLICABILITY.—During
                                                 ‘‘(A) the facts and circumstances of the in-          but final action has not yet been taken, ex-           the 30-day period beginning on the date of
                                               vestigation; and                                                                                               enactment of this Act—
                                                                                                       cept that such statement—
                                                 ‘‘(B) the status and disposition of the mat-                                                                   (1) the amendment made by subsection (a)
                                                                                                         ‘‘(A) may exclude reports if—
                                               ter, including—                                                                                                shall apply upon the request of a non-govern-
                                                                                                         ‘‘(i) a management decision was made
                                                 ‘‘(i) if the matter was referred to the De-                                                                  mental organization or business entity
                                                                                                       within the preceding year; or
                                               partment of Justice, the date of the referral;                                                                 named in an audit, evaluation, inspection, or
                                                                                                         ‘‘(ii) the report is under formal administra-
                                               and                                                                                                            other non-investigative report prepared on
                                                                                                       tive or judicial appeal or management of the
                                                 ‘‘(ii) if the Department of Justice declined                                                                 or after January 1, 2019; and
                                                                                                       establishment has agreed to pursue a legisla-
                                               the referral, the date of the declination;’’;                                                                    (2) any written response submitted under
                                                                                                       tive solution; and
                                               and                                                                                                            clause (iii) of section 5(g)(6)(A)of the Inspec-
                                                                                                         ‘‘(B) shall identify the number of reports in        tor General Act of 1978 (5 U.S.C. App.), as
                                                 (iv) in paragraph (15), as so redesignated,           each category so excluded.’’;
                                               by striking subparagraphs (A) and (B) and in-                                                                  added by subsection (a), with respect to such
                                                                                                         (C) by redesignating subsection (h), as so           an audit, evaluation, inspection, or other
                                               serting the following:                                  redesignated by section 305, as subsection (i);
                                                 ‘‘(A) any attempt by the establishment to                                                                    non-investigative report shall attach to the
                                                                                                       and                                                    original report in the manner described in
                                               interfere with the independence of the Office,            (D) by inserting after subsection (g), as so
                                               including—                                                                                                     that clause.
                                                                                                       redesignated by section 305, the following:            SEC. 5195. REVIEW RELATING TO VETTING, PROC-
                                                 ‘‘(i) with budget constraints designed to               ‘‘(h) If an Office has published any portion                      ESSING, AND RESETTLEMENT OF
                                               limit the capabilities of the Office; and               of the report or information required under                         EVACUEES   FROM   AFGHANISTAN
                                                 ‘‘(ii) incidents where the establishment has          subsection (a) to the website of the Office or                      AND THE AFGHANISTAN SPECIAL IM-
                                               resisted or objected to oversight activities of         on oversight.gov, the Office may elect to pro-                      MIGRANT VISA PROGRAM.
                                               the Office or restricted or significantly de-           vide links to the relevant webpage or website            (a) IN GENERAL.—In accordance with the
                                               layed access to information, including the              in the report of the Office under subsection           Inspector General Act of 1978 (5 U.S.C. App.),
                                               justification of the establishment for such             (a) in lieu of including the information in            the Inspector General of the Department of
                                               action; and                                             that report.’’.                                        Homeland Security, jointly with the Inspec-
                                                 ‘‘(B) a summary of each report made to the            SEC. 5194. SUBMISSION OF REPORTS THAT SPE-             tor General of the Department of State, and
                                               head of the establishment under section                             CIFICALLY IDENTIFY NON-GOVERN-             in coordination with any appropriate inspec-
                                               6(c)(2) during the reporting period;’’; and                         MENTAL ORGANIZATIONS OR BUSI-              tor general established by that Act or sec-
                                                 (B) in subsection (b)—                                            NESS ENTITIES.                             tion 103H of the National Security Act of 1947
                                                 (i) by striking paragraphs (2) and (3) and              (a) IN GENERAL.—Section 5(g) of the Inspec-          (50 U.S.C. 3033), shall conduct a thorough re-
                                               inserting the following:                                tor General Act of 1978 (5 U.S.C. App.), as so         view of efforts to support and process evac-
                                                 ‘‘(2) where final action on audit, inspec-            redesignated by section 5135 of this division,         uees from Afghanistan and the Afghanistan
                                               tion, and evaluation reports had not been               is amended by adding at the end the fol-               special immigrant visa program.
                                               taken before the commencement of the re-                lowing:                                                  (b) ELEMENTS.—The review required by
                                               porting period, statistical tables showing—               ‘‘(6)(A) Except as provided in subparagraph          subsection (a) shall include an assessment of
                                                 ‘‘(A) with respect to management deci-                (B), if an audit, evaluation, inspection, or           the systems, staffing, policies, and programs
                                               sions—                                                  other non-investigative report prepared by             used—
                                                 ‘‘(i) for each report, whether a manage-              an Inspector General specifically identifies a           (1) to the screen and vet such evacuees, in-
                                               ment decision was made during the reporting             specific non-governmental organization or              cluding—
                                               period;                                                 business entity, whether or not the non-gov-             (A) an assessment of whether personnel
                                                 ‘‘(ii) if a management decision was made              ernmental organization or business entity is           conducting such screening and vetting were
                                               during the reporting period, the dollar value           the subject of that audit, evaluation, inspec-         appropriately authorized and provided with
                                               of disallowed costs and funds to be put to              tion, or non-investigative report—                     training, including training in the detection
                                               better use as agreed to in the management                 ‘‘(i) the Inspector General shall notify the         of fraudulent personal identification docu-
                                               decision; and                                           non-governmental organization or business              ments;
                                                 ‘‘(iii) total number of reports where a man-          entity;                                                  (B) an analysis of the degree to which such
                                               agement decision was made during the re-                  ‘‘(ii) the non-governmental organization or          screening and vetting deviated from United
                                               porting period and the total corresponding              business entity shall have—                            States law, regulations, policy, and best
                                               dollar value of disallowed costs and funds to             ‘‘(I) 30 days to review the audit, evalua-           practices relating to—
                                               be put to better use as agreed to in the man-           tion, inspection, or non-investigative report            (i) the screening and vetting of parolees,
                                               agement decision; and                                   beginning on the date of publication of the            refugees, and applicants for United States
                                                 ‘‘(B) with respect to final actions—                  audit, evaluation, inspection, or non-inves-           visas that have been in use at any time since
                                                 ‘‘(i) whether, if a management decision was           tigative report; and                                   January 1, 2016, particularly for individuals
                                               made before the end of the reporting period,              ‘‘(II) the opportunity to submit a written           from countries with active terrorist organi-
                                               final action was taken during the reporting             response for the purpose of clarifying or pro-         zations; and
                                               period;                                                 viding additional context as it directly re-             (ii) the screening and vetting of parolees,
                                                 ‘‘(ii) if final action was taken, the dollar          lates to each instance wherein an audit,               refugees, and applicants for United States
                                               value of—                                               evaluation, inspection, or non-investigative           visas pursuant to any mass evacuation effort
                                                 ‘‘(I) disallowed costs that were recovered            report specifically identifies that non-gov-           since 1975, particularly for individuals from
                                               by management through collection, offset,               ernmental organization or business entity;             countries with active terrorist organiza-
                                               property in lieu of cash, or otherwise;                 and                                                    tions;
                                                 ‘‘(II) disallowed costs that were written off           ‘‘(iii) if a written response is submitted             (C) an identification of any risk to the na-
                                               by management;                                          under clause (ii)(II) within the 30-day period         tional security of the United States posed by
                                                 ‘‘(III) disallowed costs and funds to be put          described in clause (ii)(I)—                           any such deviations;
                                               to better use not yet recovered or written off            ‘‘(I) the written response shall be attached           (D) an analysis of the processes used for
                                               by management;                                          to the audit, evaluation, inspection, or non-          evacuees traveling without personal identi-
                                                 ‘‘(IV) recommendations that were com-                 investigative report; and                              fication records, including the creation or
                                               pleted; and                                               ‘‘(II) in every instance where the report            provision of any new identification records
                                                 ‘‘(V) recommendations that management                 may appear on the public-facing website of             to such evacuees; and
                                               has subsequently concluded should not or                the Inspector General, the website shall be              (E) an analysis of the degree to which such




SSpencer on DSK126QN23PROD with SENATE
                                               could not be implemented or completed; and              updated in order to access a version of the            screening and vetting process was capable of
                                                 ‘‘(iii) total number of reports where final           audit, evaluation, inspection, or non-inves-           detecting—
                                               action was not taken and total number of re-            tigative report that includes the written re-            (i) instances of human trafficking and do-
                                               ports where final action was taken, including           sponse.                                                mestic abuse;
                                               the total corresponding dollar value of dis-              ‘‘(B) Subparagraph (A) shall not apply with            (ii) evacuees who are unaccompanied mi-
                                               allowed costs and funds to be put to better             respect to a non-governmental organization             nors; and
                                               use as agreed to in the management deci-                or business entity that refused to provide in-           (iii) evacuees with a spouse that is a
                                               sions;’’;                                               formation or assistance sought by an Inspec-           minor;




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                                               November 17, 2021                                 CONGRESSIONAL RECORD — SENATE                                                                      S8399
                                                 (2) to admit and process such evacuees at             grant Visa Program Needs Improvement                     SA 4781. Mr. RISCH submitted an
                                               United States ports of entry;                           (AUD-MERO-20-34);                                      amendment intended to be proposed to
                                                 (3) to temporarily house such evacuees                   (K) an assessment of the extent to which            amendment SA 3867 submitted by Mr.
                                               prior to resettlement;                                  challenges in verifying applicants’ employ-
                                                                                                       ment with the Department of Defense con-
                                                                                                                                                              REED and intended to be proposed to
                                                 (4) to account for the total number of indi-
                                               vidual evacuated from Afghanistan in 2021               tributed to delays in the processing of such           the bill H.R. 4350, to authorize appro-
                                               with support of the United States Govern-               special immigrant visas, and an accounting             priations for fiscal year 2022 for mili-
                                               ment, disaggregated by—                                 of the specific steps taken since February 29,         tary activities of the Department of
                                                 (A) country of origin;                                2020, to address issues surrounding employ-            Defense, for military construction, and
                                                 (B) age;                                              ment verification; and                                 for defense activities of the Depart-
                                                 (C) gender;                                              (L) recommendations to strengthen and               ment of Energy, to prescribe military
                                                 (D) eligibility for special immigrant visas           streamline such special immigrant visa proc-           personnel strengths for such fiscal
                                               under the Afghan Allies Protection Act of               ess going forward.
                                                                                                          (c) INTERIM REPORTING.—                             year, and for other purposes; which was
                                               2009 (8 U.S.C. 1101 note; Public Law 111–8) or                                                                 ordered to lie on the table; as follows:
                                                                                                          (1) IN GENERAL.—Not later than 180 days
                                               section 1059 of the National Defense Author-
                                                                                                       after the date of the enactment of this Act,             At the end of subtitle D of title XII, add
                                               ization Act for Fiscal Year 2006 (8 U.S.C. 1101                                                                the following:
                                                                                                       the Inspector General of the Department of
                                               note; Public Law 109–163) at the time of evac-
                                                                                                       Homeland Security and the Inspector Gen-               SEC. 1237. IMPOSITION OF SANCTIONS WITH RE-
                                               uation;                                                                                                                     SPECT TO NORD STREAM 2.
                                                                                                       eral of the Department of State shall submit
                                                 (E) eligibility for employment-based non-                                                                      (a) IN GENERAL.—Not later than 15 days
                                                                                                       to the appropriate congressional committees
                                               immigrant visas at the time of evacuation;              not fewer than one interim report on the re-           after the date of the enactment of this Act,
                                               and                                                     view conducted under this section.                     the President shall—
                                                 (F) familial relationship to evacuees who                (2) FORM.—Any report submitted under                  (1) impose sanctions under subsection (b)
                                               are eligible for visas described in subpara-            paragraph (1) shall be submitted in unclassi-          with respect to any corporate officer of an
                                               graphs (D) and (E); and                                 fied form, but may include a classified                entity established for or responsible for the
                                                 (5) to provide eligible individuals with spe-         annex.                                                 planning, construction, or operation of the
                                               cial immigrant visas under the Afghan Allies               (3) DEFINITIONS.—In this subsection:                Nord Stream 2 pipeline or a successor entity;
                                               Protection Act of 2009 (8 U.S.C. 1101 note;                (A) APPROPRIATE CONGRESSIONAL COMMIT-               and
                                               Public Law 111–8) and section 1059 of the Na-           TEES.—The term ‘‘appropriate congressional               (2) impose sanctions under subsection (c)
                                               tional Defense Authorization Act for Fiscal             committees’’ has the meaning given the                 with respect to any entity described in para-
                                               Year 2006 (8 U.S.C. 1101 note; Public Law 109–          term in section 12 of the Inspector General            graph (1).
                                               163) since the date of the enactment of the             Act of 1978 (5 U.S.C. App.), as amended by               (b) INELIGIBILITY FOR VISAS, ADMISSION, OR
                                               Afghan Allies Protection Act of 2009 (8 U.S.C.          this Act.                                              PAROLE OF IDENTIFIED PERSONS AND COR-
                                               1101 note; Public Law 111–8), including—                   (B)    SCREEN;     SCREENING.—The      terms        PORATE OFFICERS.—
                                                 (A) a detailed step-by-step description of            ‘‘screen’’ and ‘‘screening’’, with respect to an         (1) IN GENERAL.—
                                               the application process for such special im-            evacuee, mean the process by which a Fed-                (A) VISAS, ADMISSION, OR PAROLE.—An alien
                                               migrant visas, including the number of days             eral official determines—                              described in subsection (a)(1) is—
                                               allotted by the United States Government                   (i) the identity of the evacuee;                      (i) inadmissible to the United States;
                                               for the completion of each step;                           (ii) whether the evacuee has a valid identi-          (ii) ineligible to receive a visa or other doc-
                                                 (B) the number of such special immigrant              fication documentation; and                            umentation to enter the United States; and
                                               visa applications received, approved, and de-              (iii) whether any database of the United              (iii) otherwise ineligible to be admitted or
                                               nied, disaggregated by fiscal year;                     States Government contains derogatory in-              paroled into the United States or to receive
                                                 (C) the number of such special immigrant              formation about the evacuee.                           any other benefit under the Immigration and
                                               visas issued, as compared to the number                    (C) VET; VETTING.—The term ‘‘vet’’ and              Nationality Act (8 U.S.C. 1101 et seq.).
                                               available under law, disaggregated by fiscal            ‘‘vetting’’, with respect to an evacuee, means           (B) CURRENT VISAS REVOKED.—
                                               year;                                                   the process by which a Federal official inter-           (i) IN GENERAL.—The visa or other entry
                                                 (D) an assessment of the average length of            views the evacuee to determine whether the             documentation of an alien described in sub-
                                               time taken to process an application for such           evacuee is who they purport to be, including           section (a)(1) shall be revoked, regardless of
                                               a special immigrant visa, beginning on the              whether the evacuee poses a national secu-             when such visa or other entry documenta-
                                               date of submission of the application and               rity risk.                                             tion is or was issued.
                                               ending on the date of final disposition,                   (d) DISCHARGE OF RESPONSIBILITIES.—The                (ii) IMMEDIATE EFFECT.—A revocation
                                               disaggregated by fiscal year;                           Inspector General of the Department of                 under clause (i) shall—
                                                 (E) an accounting of the number of applica-           Homeland Security and the Inspector Gen-                 (I) take effect immediately; and
                                               tions for such special immigrant visas that             eral of the Department of State shall dis-               (II) automatically cancel any other valid
                                               remained pending at the end of each fiscal              charge the responsibilities under this section         visa or entry documentation that is in the
                                               year;                                                   in a manner consistent with the authorities            alien’s possession.
                                                 (F) an accounting of the number of inter-             and requirements of the Inspector General                (c) BLOCKING OF PROPERTY OF IDENTIFIED
                                               views of applicants for such special immi-              Act of 1978 (5 U.S.C. App.) and the authori-           PERSONS.—The President shall exercise all
                                               grant visas conducted during each fiscal                ties and requirements applicable to the In-            powers granted to the President by the
                                               year;                                                   spector General of the Department of Home-             International Emergency Economic Powers
                                                 (G) the number of noncitizens who were ad-            land Security and the Inspector General of             Act (50 U.S.C. 1701 et seq.) to the extent nec-
                                               mitted to the United States pursuant to such            the Department of State under that Act.                essary to block and prohibit all transactions
                                               a special immigrant visa during each fiscal                (e) COORDINATION.—Upon request of an In-            in all property and interests in property of
                                               year;                                                   spector General for information or assist-             an entity described in subsection (a)(1) if
                                                 (H) an assessment of the extent to which              ance under subsection (a), the head of any             such property and interests in property are
                                               each participating department or agency of              Federal agency involved shall, insofar as is
                                                                                                                                                              in the United States, come within the United
                                               the United States Government, including the             practicable and not in contravention of any
                                                                                                                                                              States, or are or come within the possession
                                               Department of State and the Department of               existing statutory restriction or regulation
                                                                                                                                                              or control of a United States person.
                                               Homeland Security, adjusted processing                  of the Federal agency from which the infor-              (d) EXCEPTIONS.—
                                                                                                       mation is requested, furnish to such Inspec-
                                               practices and procedures for such special im-                                                                    (1) EXCEPTION FOR INTELLIGENCE, LAW EN-
                                                                                                       tor General, or to an authorized designee,
                                               migrant visas so as to vet applicants and ex-                                                                  FORCEMENT, AND NATIONAL SECURITY ACTIVI-
                                                                                                       such information or assistance.
                                               pand processing capacity since the February                                                                    TIES.—Sanctions under this section shall not
                                                                                                          (f) RULE OF CONSTRUCTION.—Nothing in this
                                               29, 2020, Doha Agreement between the United             section shall be construed to limit the abil-          apply to any authorized intelligence, law en-
                                               States and the Taliban;                                 ity of the Inspector General of the Depart-            forcement, or national security activities of
                                                 (I) a list of specific steps, if any, taken be-       ment of Homeland Security or the Inspector             the United States.
                                               tween February 29, 2020, and August 31, 2021—           General of the Department of State to enter              (2) EXCEPTION TO COMPLY WITH UNITED NA-
                                                 (i) to streamline the processing of applica-          into agreements to conduct joint audits, in-           TIONS HEADQUARTERS AGREEMENT.—Sanctions
                                               tions for such special immigrant visas; and             spections, or investigations in the exercise of        under this section shall not apply with re-
                                                 (ii) to address longstanding bureaucratic             the oversight responsibilities of the Inspec-          spect to the admission of an alien to the
                                               hurdles while improving security protocols;                                                                    United States if the admission of the alien is




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       tor General of the Department of Homeland
                                                 (J) a description of the degree to which the          Security and the Inspector General of the              necessary to permit the United States to
                                               Secretary of State implemented rec-                     Department of State, in accordance with the            comply with the Agreement regarding the
                                               ommendations made by the Department of                  Inspector General Act of 1978 (5 U.S.C. App.),         Headquarters of the United Nations, signed
                                               State Office of Inspector General in its June           with respect to oversight of the evacuation            at Lake Success June 26, 1947, and entered
                                               2020 reports on Review of the Afghan Special            from Afghanistan, the selection, vetting, and          into force November 21, 1947, between the
                                               Immigrant Visa Program (AUD-MERO-20-35)                 processing of applicants for special immi-             United Nations and the United States, the
                                               and Management Assistance Report: Quar-                 grant visas and asylum, and any resettle-              Convention on Consular Relations, done at
                                               terly Reporting on Afghan Special Immi-                 ment in the United States of such evacuees.            Vienna April 24, 1963, and entered into force




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