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Senate Text of Amendments, September 29, 2022 — Congressional Record

Summary

A page of the Congressional Record, Senate, dated September 29, 2022, at page S6025, carrying the text of amendments to the defense authorization bill on maritime matters. It includes SEC. 3542 on quieting federal non-combatant vessels and SEC. 3544, a study to evaluate effective vessel quieting measures, under which the Maritime Administrator would report within 1 year of enactment on technology-based controls and best management practices for reducing vessel-generated underwater noise. It also includes a competitive grant program that the Maritime Administrator may establish for projects to improve environmental performance, and provisions on guidance and maritime workforce strategies.

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“Senate Text of Amendments, September 29, 2022 — Congressional Record.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-29-crec-2022-09-29-pt1-pgs6025-c9cb0d104b/, SHA-256 576ca425604279940ff54dc845bff037948e387c1a57594398a7ac7d44c5fb9d.

Full text

                                             September 29, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S6025
                                                (ii) by striking ‘‘subsection (a)’’ and insert-        ‘‘(E) provide—                                       Representatives, including detailing any
                                             ing ‘‘this subsection’’; and                              ‘‘(i) guidance on best available tech-               findings from the study; and
                                                (E) by adding at the end the following:              nologies;                                                (2) make such study publicly available.
                                                ‘‘(5) GRANTS.—Subject to the availability              ‘‘(ii) technical analysis;                           SEC. 3544. STUDY TO EVALUATE EFFECTIVE VES-
                                             of appropriations, the Maritime Adminis-                  ‘‘(iii) assistance with understanding com-                        SEL QUIETING MEASURES.
                                             trator, may establish and carry out a com-              plex regulatory requirements; and                        (a) IN GENERAL.—Not later than 1 year
                                             petitive grant program to award grants to el-             ‘‘(iv) documentation of best practices in            after the date of enactment of this title, the
                                             igible entities for projects in the United              the maritime industry, including training              Administrator of the Maritime Administra-
                                             States consistent with the goals of this sub-           and informational webinars on solutions for            tion, in consultation with the Under Sec-
                                             section to study, evaluate, test, dem-                  the maritime industry; and                             retary of Commerce for Oceans and Atmos-
                                             onstrate, or apply technologies and practices             ‘‘(F) work with academic and private sec-            phere and the Secretary of the Department
                                             to improve environmental performance.’’;                tor response training centers and Domestic             in which the Coast Guard is operating, shall
                                                (8) in subsection (b), as redesignated by            Maritime Workforce Training and Education              submit to the committees identified under
                                             paragraph (5) of this section, by striking              Centers of Excellence to develop maritime              subsection (b), and make publicly available
                                             ‘‘subsection (b)(1)’’ and inserting ‘‘this sec-         strategies applicable to various segments of           on the website of the Department of Trans-
                                             tion’’; and                                             the United States maritime industry, includ-           portation, a report that includes, at a min-
                                                (9) by adding at the end the following:              ing the inland, deep water, and coastal                imum—
                                                ‘‘(c) VESSELS.—Activities carried out under          fleets.’’.                                               (1) a review of technology-based controls
                                             a grant or cooperative agreement made                                                                          and best management practices for reducing
                                                                                                     SEC. 3542. QUIETING FEDERAL NON-COMBATIVE
                                             under this section may be conducted on pub-                         VESSELS.                                   vessel-generated underwater noise; and
                                             lic vessels under the control of the Maritime                                                                    (2) for each technology-based control and
                                                                                                       (a) IN GENERAL.—The Secretary of Defense,
                                             Administration, upon approval of the Mari-                                                                     best management practice identified, an
                                                                                                     in consultation with the Administrator of
                                             time Administrator.                                                                                            evaluation of—
                                                ‘‘(d) ELIGIBLE ENTITY DEFINED.—In this               the National Oceanic and Atmospheric Ad-
                                                                                                     ministration, the Administrator of the Mari-             (A) the applicability of each measure to
                                             section, the term ‘eligible entity’ means—                                                                     various vessel types;
                                                ‘‘(1) a private entity, including a nonprofit        time Administration, and the Secretary of
                                                                                                     the department in which the Coast Guard is               (B) the technical feasibility and economic
                                             organization;                                                                                                  achievability of each measure; and
                                                ‘‘(2) a State, regional, local, or Tribal gov-       operating, shall, not later than 18 months
                                                                                                     after the date of enactment of this section,             (C) the co-benefits and trade-offs of each
                                             ernment or entity, including special dis-                                                                      measure.
                                             tricts;                                                 submit a report to the committees identified
                                                                                                     under subsection (b) and publish an unclassi-            (b) COMMITTEES.—The report under sub-
                                                ‘‘(3) an institution of higher education as                                                                 section (a) shall be submitted to the Com-
                                             defined under section 102 of the Higher Edu-            fied report—
                                                                                                       (1) identifying existing, at the time of sub-        mittee on Commerce, Science, and Transpor-
                                             cation Act of 1965 (? 20 U.S.C. 1002); or                                                                      tation of the Senate and the Committee on
                                                ‘‘(4) a partnership or collaboration of enti-        mission, non-classified naval technologies
                                                                                                     that reduce underwater noise; and                      Transportation and Infrastructure of the
                                             ties described in paragraphs (1) through (3).                                                                  House of Representatives.
                                                ‘‘(e) CENTER FOR MARITIME INNOVATION.—                 (2) evaluating the effectiveness and feasi-                              ---
                                                ‘‘(1) IN GENERAL.—Not later than 1 year              bility of incorporating such technologies in
                                                                                                                                                              SA 6438. Mr. PETERS (for himself
                                             after the date of enactment of the Maritime             the design, procurement, and construction of
                                                                                                     non-combatant vessels of the United States.            and Mr. PORTMAN) submitted an
                                             Administration Authorization Act for Fiscal
                                             Year 2023, the Secretary of Transportation                (b) COMMITTEES.—The report under sub-                amendment intended to be proposed to
                                             shall, through a cooperative agreement, es-             section (a) shall be submitted the Committee           amendment SA 5499 submitted by Mr.
                                             tablish a United States Center for Maritime             on Commerce, Science, and Transportation               REED (for himself and Mr. INHOFE) and
                                             Innovation (referred to in this subsection as           of the Senate and the Committee on Trans-              intended to be proposed to the bill H.R.
                                             the ‘Center’) to support the study, research,           portation and Infrastructure of the House of           7900, to authorize appropriations for
                                             development, assessment, and deployment of              Representatives.                                       fiscal year 2023 for military activities
                                             emerging marine technologies and practices              SEC. 3543. STUDY ON STORMWATER IMPACTS ON              of the Department of Defense, for mili-
                                             related to the maritime transportation sys-                          SALMON.
                                                                                                                                                            tary construction, and for defense ac-
                                             tem.                                                      (a) IN GENERAL.—Not later than 90 days
                                                ‘‘(2) SELECTION.—The Center shall be—                after the date of enactment of this section,           tivities of the Department of Energy,
                                                ‘‘(A) selected through a competitive proc-           the Administrator of the National Oceanic              to    prescribe     military  personnel
                                             ess of eligible entities;                               and Atmospheric Administration, in concert             strengths for such fiscal year, and for
                                                ‘‘(B) based in the United States with tech-          with the Secretary of Transportation and               other purposes; which was ordered to
                                             nical expertise in emerging marine tech-                the Administrator of the Environmental                 lie on the table; as follows:
                                             nologies and practices related to the mari-             Protection Agency, shall commence a study               At the end, add the following:
                                             time transportation system; and                         that—                                                   DIVISION E—HOMELAND SECURITY AND
                                                ‘‘(C) located in close proximity to eligible           (1) examines the existing science on tire-              GOVERNMENTAL AFFAIRS MATTERS
                                             entities with expertise in United States                related chemicals in stormwater runoff at
                                                                                                                                                            SEC. 5001. TABLE OF CONTENTS.
                                             emerging marine technologies and practices,             ports and associated transportation infra-
                                                                                                                                                              The table of contents for this division is as
                                             including the use of alternative fuels and the          structure and the impacts of such chemicals
                                                                                                                                                            follows:
                                             development of both vessel and shoreside in-            on Pacific salmon and steelhead;
                                             frastructure.                                             (2) examines the challenges of studying               DIVISION E—HOMELAND SECURITY AND
                                                ‘‘(3) COORDINATION.—The Secretary of                 tire-related chemicals in stormwater runoff               GOVERNMENTAL AFFAIRS MATTERS
                                             Transportation shall coordinate with other              at ports and associated transportation infra-          Sec. 5001. Table of contents.
                                             agencies critical for science, research, and            structure and the impacts of such chemicals                 TITLE LI—HOMELAND SECURITY
                                             regulation of emerging marine technologies              on Pacific salmon and steelhead;                           Subtitle A—Global Catastrophic Risk
                                             for the maritime sector, including the De-                (3) provides recommendations for improv-                        Management Act of 2022
                                             partment of Energy, the Environmental Pro-              ing monitoring of stormwater and research              Sec. 5101. Short title.
                                             tection Agency, the National Science Foun-              related to run-off for tire-related chemicals          Sec. 5102. Definitions.
                                             dation, and the Coast Guard, when estab-                and the impacts of such chemicals on Pacific           Sec. 5103. Interagency committee on global
                                             lishing the Center.                                     salmon and steelhead at ports and associated                         catastrophic risk.
                                                ‘‘(4) FUNCTIONS.—The Center shall—                   transportation infrastructure near ports; and          Sec. 5104. Report required.
                                                ‘‘(A) support eligible entities regarding the          (4) provides recommendations based on the            Sec. 5105. Report on continuity of operations
                                             development and use of clean energy and                 best available science on relevant manage-                           and continuity of government
                                             necessary infrastructure to support the de-             ment approaches at ports and associated                              planning.
                                             ployment of clean energy on vessels of the              transportation infrastructure under their re-          Sec. 5106. Enhanced catastrophic incident
                                             United States;                                          spective jurisdictions.                                              annex.
                                                ‘‘(B) monitor and assess, on an ongoing                (b) SUBMISSION OF STUDY.—Not later than              Sec. 5107. Validation of the strategy through
                                             basis, the current state of knowledge regard-           18 months after commencing the study under                           an exercise.
                                             ing emerging marine technologies in the                 subsection (a), the Administrator of the Na-           Sec. 5108. Recommendations.
                                                                                                                                                            Sec. 5109. Reporting requirements.
                                             United States;                                          tional Oceanic and Atmospheric Administra-             Sec. 5110. Rule of construction.
                                                ‘‘(C) identify any significant gaps in               tion, in concert with the Secretary of Trans-
                                                                                                                                                                Subtitle B—DHS Trade and Economic




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                                             emerging marine technologies research spe-              portation and the Administrator of the Envi-
                                                                                                                                                                           Security Council
                                             cific to the United States maritime industry,           ronmental Protection Agency, shall—
                                             and seek to fill those gaps;                              (1) submit the study to the Committee on             Sec. 5111. DHS Trade and Economic Security
                                                ‘‘(D) conduct research, development, test-           and Environment and Public Works Com-                                Council.
                                             ing, and evaluation for equipment, tech-                merce, Science, and Transportation of the                   Subtitle C—Transnational Criminal
                                             nologies, and techniques to address the com-            Senate and the Committee on Transpor-                                Investigative Units
                                             ponents under subsection (a)(2);                        tation and Infrastructure of the House of              Sec. 5121. Short title.




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                                             S6026                                             CONGRESSIONAL RECORD — SENATE                                                   September 29, 2022
                                             Sec. 5122. Stipends for Transnational Crimi-            Sec. 5203. Federal grant application fraud.               (iii) that may significantly interrupt gov-
                                                           nal Investigative Units.                  Sec. 5204. Restricting the acquisition of              ernmental operations and emergency serv-
                                                  Subtitle D—Technological Hazards                                emerging technologies by cer-             ices to such an extent that national security
                                                       Preparedness and Training                                  tain aliens.                              could be threatened.
                                                                                                            Subtitle B—Intragovernmental                       (3) COMMITTEE.—The term ‘‘committee’’
                                             Sec. 5131. Short title.
                                                                                                       Cybersecurity Information Sharing Act                means the interagency committee on global
                                             Sec. 5132. Definitions.
                                                                                                                                                            catastrophic risk established under section
                                             Sec. 5133. Assistance and Training for Com-             Sec. 5211. Requirement for information shar-
                                                                                                                                                            5103.
                                                           munities with Technological                             ing agreements.
                                                                                                                                                               (4) CRITICAL INFRASTRUCTURE.—The term
                                                           Hazards and Related Emerging                 Subtitle C—Improving Government for                 ‘‘critical infrastructure’’ has the meaning
                                                           Threats.                                              America’s Taxpayers                        given the term in section 1016(e) of the Crit-
                                             Sec. 5134. Authorization of Appropriations.
                                                                                                     Sec. 5221. Government Accountability Office            ical Infrastructure Protection Act of 2001 (42
                                             Sec. 5135. Savings provision.
                                                                                                                   unimplemented priority rec-              U.S.C. 5195c(e)).
                                             Subtitle E—Offices of Countering Weapons of                           ommendations.                               (5) EXISTENTIAL RISK.—The term ‘‘existen-
                                                Mass Destruction and Health Security                                                                        tial risk’’ means the potential for an out-
                                                                                                       Subtitle D—Advancing American AI Act
                                             Sec. 5141. Short title.                                                                                        come that would result in human extinction.
                                                                                                     Sec. 5231. Short title.
                                              CHAPTER 1—COUNTERING WEAPONS OF MASS                   Sec. 5232. Purposes.                                      (6) GLOBAL CATASTROPHIC RISK.—The term
                                                          DESTRUCTION OFFICE                         Sec. 5233. Definitions.                                ‘‘global catastrophic risk’’ means the risk of
                                             Sec. 5142. Countering Weapons of Mass De-               Sec. 5234. Principles and policies for use of          events or incidents consequential enough to
                                                           struction Office.                                       artificial intelligence in Gov-          significantly harm, set back, or destroy
                                             Sec. 5143. Rule of construction.                                      ernment.                                 human civilization at the global scale.
                                                                                                     Sec. 5235. Agency inventories and artificial              (7) GLOBAL CATASTROPHIC AND EXISTENTIAL
                                               CHAPTER 2—OFFICE OF HEALTH SECURITY                                                                          THREATS.—The term ‘‘global catastrophic
                                                                                                                   intelligence use cases.
                                             Sec. 5144. Office of Health Security.                                                                          and existential threats’’ means those threats
                                                                                                     Sec. 5236. Rapid pilot, deployment and scale
                                             Sec. 5145. Medical     countermeasures    pro-                                                                 that with varying likelihood can produce
                                                                                                                   of applied artificial intelligence
                                                           gram.                                                                                            consequences severe enough to result in sig-
                                                                                                                   capabilities   to    demonstrate
                                             Sec. 5146. Confidentiality of medical quality                                                                  nificant harm or destruction of human civili-
                                                                                                                   modernization activities re-
                                                           assurance records.                                                                               zation at the global scale, or lead to human
                                                                                                                   lated to use cases.
                                             Sec. 5147. Portability of licensure.                                                                           extinction. Examples of global catastrophic
                                                                                                     Sec. 5237. Enabling entrepreneurs and agen-
                                             Sec. 5148. Technical and conforming amend-                                                                     and existential threats include severe global
                                                                                                                   cy missions.
                                                           ments.                                                                                           pandemics, nuclear war, asteroid and comet
                                                                                                        Subtitle E—Strategic EV Management                  impacts, supervolcanoes, sudden and severe
                                               Subtitle F—Satellite Cybersecurity Act
                                                                                                     Sec. 5241. Short Title.                                changes to the climate, and intentional or
                                             Sec. 5151. Short title.
                                                                                                     Sec. 5242. Definitions.                                accidental threats arising from the use and
                                             Sec. 5152. Definitions.
                                                                                                     Sec. 5243. Strategic guidance.                         development of emerging technologies.
                                             Sec. 5153. Report on commercial satellite
                                                                                                     Sec. 5244. Study of Federal fleet vehicles.               (8) NATIONAL EXERCISE PROGRAM.—The
                                                           cybersecurity.
                                             Sec. 5154. Responsibilities of the cybersecu-              Subtitle F—Congressionally Mandated                 term ‘‘national exercise program’’ means ac-
                                                           rity and infrastructure security                               Reports                           tivities carried out to test and evaluate the
                                                           agency.                                   Sec. 5251. Short title.                                national preparedness goal and related plans
                                             Sec. 5155. Strategy.                                    Sec. 5252. Definitions.                                and strategies as described in section 648(b)
                                             Sec. 5156. Rules of construction.                       Sec. 5253. Establishment of online portal for          of the Post-Katrina Emergency Management
                                                                                                                   congressionally mandated re-             Reform Act of 2006 (6 U.S.C. 748(b)).
                                                       Subtitle G—Pray Safe Act
                                                                                                                   ports.                                      (9) TRIBAL GOVERNMENT.—The term ‘‘Tribal
                                             Sec. 5161. Short title.                                                                                        government’’ means the recognized gov-
                                                                                                     Sec. 5254. Federal agency responsibilities.
                                             Sec. 5162. Definitions.                                                                                        erning body of any Indian or Alaska Native
                                                                                                     Sec. 5255. Changing or removing reports.
                                             Sec. 5163. Federal Clearinghouse on Safety                                                                     Tribe, band, nation, pueblo, village, commu-
                                                                                                     Sec. 5256. Withholding of information.
                                                           and Security Best Practices for           Sec. 5257. Implementation.                             nity, component band, or component res-
                                                           Faith-Based Organizations and             Sec. 5258. Determination of budgetary ef-              ervation, that is individually identified (in-
                                                           Houses of Worship.                                      fects.                                   cluding parenthetically) in the most recent
                                             Sec. 5164. Notification of Clearinghouse.                                                                      list published pursuant to section 104 of the
                                             Sec. 5165. Grant program overview.                           TITLE LI—HOMELAND SECURITY
                                                                                                                                                            Federally Recognized Indian Tribe List Act
                                             Sec. 5166. Other resources.                                 Subtitle A—Global Catastrophic Risk                of 1994 (25 U.S.C. 5131).
                                             Sec. 5167. Rule of construction.                                   Management Act of 2022
                                             Sec. 5168. Exemption.                                                                                          SEC. 5103. INTERAGENCY COMMITTEE ON GLOB-
                                                                                                     SEC. 5101. SHORT TITLE.
                                                                                                                                                                         AL CATASTROPHIC RISK.
                                               Subtitle H—Invent Here, Make Here for                  This subtitle may be cited as the ‘‘Global
                                                        Homeland Security Act                        Catastrophic Risk Management Act of 2022’’.              (a) ESTABLISHMENT.—Not later than 90 days
                                             Sec. 5171. Short title.                                 SEC. 5102. DEFINITIONS.                                after the date of enactment of this Act, the
                                             Sec. 5172. Preference for United States in-                In this subtitle:                                   President shall establish an interagency
                                                           dustry.                                      (1) BASIC NEED.—The term ‘‘basic need’’—            committee on global catastrophic risk.
                                                  Subtitle I—DHS Joint Task Forces                      (A) means any good, service, or activity              (b) MEMBERSHIP.—The committee shall in-
                                                            Reauthorization                          necessary to protect the health, safety, and           clude senior representatives of—
                                                                                                     general welfare of the civilian population of            (1) the Assistant to the President for Na-
                                             Sec. 5181. Short title.
                                                                                                     the United States; and                                 tional Security Affairs;
                                             Sec. 5182. Sense of the Senate.
                                                                                                        (B) includes—                                         (2) the Director of the Office of Science and
                                             Sec. 5183. Amending section 708 of the Home-
                                                                                                        (i) food;                                           Technology Policy;
                                                           land Security Act of 2002.
                                                                                                        (ii) water;                                           (3) the Director of National Intelligence
                                                     Subtitle J—Other Provisions                        (iii) shelter;                                      and the Director of the National Intelligence
                                                  CHAPTER 1—DEEPFAKE TASK FORCE                         (iv) basic communication services;                  Council;
                                             Sec. 5191 Short title.                                     (v) basic sanitation and health services;             (4) the Secretary of Homeland Security and
                                             Sec. 5192. National deepfake and digital                and                                                    the Administrator of the Federal Emergency
                                                           provenance task force.                       (vi) public safety.                                 Management Agency;
                                                                                                        (2) CATASTROPHIC INCIDENT.—The term                   (5) the Secretary of State and the Under
                                              CHAPTER 2—CISA TECHNICAL CORRECTIONS
                                                                                                     ‘‘catastrophic incident’’—                             Secretary of State for Arms Control and
                                                           AND IMPROVEMENTS
                                                                                                        (A) means any natural or man-made dis-              International Security;
                                             Sec. 5194. CISA Technical Corrections and               aster that results in extraordinary levels of            (6) the Attorney General and the Director
                                                           Improvements.                             casualties or damage, mass evacuations, or             of the Federal Bureau of Investigation;
                                             CHAPTER 3—POST-DISASTER MENTAL HEALTH                   disruption severely affecting the population,            (7) the Secretary of Energy, the Under Sec-
                                                              RESPONSE ACT                           infrastructure, environment, economy, na-              retary of Energy for Nuclear Security, and
                                             Sec. 5198. Post-Disaster Mental Health Re-              tional morale, or government functions in an           the Director of Science;
                                                           sponse.                                   area; and                                                (8) the Secretary of Health and Human




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                                                                                                        (B) may include an incident—                        Services, the Assistant Secretary for Pre-
                                              TITLE LII—GOVERNMENTAL AFFAIRS
                                                                                                        (i) with a sustained national impact over a         paredness and Response, and the Assistant
                                                  Subtitle A—Safeguarding American                   prolonged period of time;                              Secretary of Global Affairs;
                                                                Innovation                              (ii) that may rapidly exceed resources                (9) the Secretary of Commerce, the Under
                                             Sec. 5201. Short title.                                 available to State and local government and            Secretary of Commerce for Oceans and At-
                                             Sec. 5202. Federal Research Security Coun-              private sector authorities in the impacted             mosphere, and the Under Secretary of Com-
                                                           cil.                                      area; or                                               merce for Standards and Technology;




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                                             September 29, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S6027
                                               (10) the Secretary of the Interior and the            tion and assessment of global catastrophic               (4) developing international partnerships
                                             Director of the United States Geological                and existential risk; and                              with allied nations for the provision of relief
                                             Survey;                                                   (10) other matters deemed appropriate by             services and goods.
                                               (11) the Administrator of the Environ-                the President.                                           (b) ELEMENTS OF THE STRATEGY.—The
                                             mental Protection Agency and the Assistant                (c) CONSULTATION REQUIREMENT.—In pro-                strategy required under subsection (a) shall
                                             Administrator for Water;                                ducing the report required under subsection            include a description of—
                                               (12) the Administrator of the National Aer-           (a), the President, with support from the                (1) actions the President will take to en-
                                             onautics and Space Administration;                      committee, shall regularly consult with ex-            sure the basic needs of the civilian popu-
                                               (13) the Director of the National Science             perts on global catastrophic and existential           lation of the United States in a catastrophic
                                             Foundation;                                             risks, including from non-governmental, aca-           incident are met;
                                               (14) the Secretary of the Treasury;                   demic, and private sector institutions.                  (2) how the President will coordinate with
                                               (15) the Chair of the Board of Governors of             (d) FORM.—The report required under sub-             non-Federal entities to multiply resources
                                             the Federal Reserve System;                             section (a) shall be submitted in unclassified         and enhance relief capabilities, including—
                                                                                                     form, but may include a classified annex.                (A) State and local governments;
                                               (16) the Secretary of Defense, the Assistant
                                                                                                     SEC. 5105. REPORT ON CONTINUITY OF OPER-                 (B) Tribal governments;
                                             Secretary of the Army for Civil Works, and
                                                                                                                 ATIONS AND CONTINUITY OF GOV-
                                             the Chief of Engineers and Commanding Gen-                                                                       (C) State disaster relief agencies;
                                                                                                                 ERNMENT PLANNING.
                                             eral of the Army Corps of Engineers;                                                                             (D) State and local disaster relief man-
                                                                                                       (a) IN GENERAL.—Not later than 180 days
                                               (17) the Chairman of the Joint Chiefs of                                                                     agers;
                                                                                                     after the submission of the report required
                                             Staff;                                                                                                           (E) State National Guards;
                                                                                                     under section 5104, the President, with sup-
                                               (18) the Administrator of the United States           port from the committee, shall produce a re-             (F) law enforcement and first response en-
                                             Agency for International Development; and               port on the adequacy of continuity of oper-            tities; and
                                               (19) other stakeholders the President deter-          ations and continuity of government plans                (G) nonprofit relief services;
                                             mines appropriate.                                      based on the assessed global catastrophic                (3) actions the President will take to en-
                                               (c) CHAIRMANSHIP.—The committee shall be              and existential risk.                                  hance individual resiliency to the effects of a
                                             co-chaired by a senior representative of the              (b) MATTERS COVERED.—The report re-                  catastrophic incident, which actions shall in-
                                             President and the Deputy Administrator of               quired under subsection (a) shall include—             clude—
                                             the Federal Emergency Management Agency                   (1) a detailed assessment of the ability of            (A) readiness alerts to the public during
                                             for Resilience.                                         continuity of government and continuity of             periods of elevated threat;
                                             SEC. 5104. REPORT REQUIRED.                             operations plans and programs, as defined by             (B) efforts to enhance domestic supply and
                                               (a) IN GENERAL.—Not later than 1 year                 Executive Order 13961 (85 Fed. Reg. 79379; re-         availability of critical goods and basic neces-
                                             after the date of enactment of this Act, and            lating to governance and integration of Fed-           sities; and
                                             every 10 years thereafter, the President, with          eral mission resilience), Presidential Policy            (C) information campaigns to ensure the
                                             support from the committee, shall conduct               Directive–40 (July 15, 2016; relating to na-           public is aware of response plans and services
                                             and submit to Congress a report containing a            tional continuity policy), or successor poli-          that will be activated when necessary;
                                             detailed assessment of global catastrophic              cies, to maintain national essential func-               (4) efforts the President will undertake and
                                             and existential risk.                                   tions following global catastrophes, both cu-          agreements the President will seek with
                                               (b) MATTERS COVERED.—Each report re-                  mulatively and for particular threats;                 international allies to enhance the readiness
                                             quired under subsection (a) shall include —               (2) an assessment of the need to revise Ex-          of the United States to provide for the gen-
                                               (1) expert estimates of cumulative global             ecutive Order 13961 (85 Fed. Reg. 79379; relat-        eral welfare;
                                             catastrophic and existential risk in the next           ing to governance and integration of Federal             (5) how the strategy will be implemented
                                             30 years, including separate estimates for the          mission resilience), Presidential Policy Di-           should multiple levels of critical infrastruc-
                                             likelihood of occurrence and potential con-             rective–40 (July 15, 2016; relating to national        ture be destroyed or taken offline entirely
                                             sequences;                                              continuity policy), or successor policies to           for an extended period of time; and
                                               (2) expert-informed analyses of the risk of           account for global catastrophic and existen-             (6) the authorities the President would im-
                                                                                                     tial risk cumulatively or for particular               plicate in responding to a catastrophic inci-
                                             the most concerning specific global cata-
                                                                                                     threats;                                               dent.
                                             strophic and existential threats, including
                                                                                                       (3) an assessment of any technology gaps               (c) ASSUMPTIONS.—In designing the strat-
                                             separate estimates, where reasonably fea-
                                                                                                     limiting mitigation of global catastrophic             egy under subsection (a), the President shall
                                             sible and credible, of each threat for its like-                                                               account for certain factors to make the
                                                                                                     and existential risks for continuity of oper-
                                             lihood of occurrence and its potential con-                                                                    strategy operationally viable, including the
                                                                                                     ations and continuity of government plans;
                                             sequences, as well as associated uncertain-                                                                    assumption that—
                                                                                                       (4) a budget proposal for continuity of gov-
                                             ties;                                                                                                            (1) multiple levels of critical infrastructure
                                                                                                     ernment and continuity of operations pro-
                                               (3) a comprehensive list of potential cata-                                                                  have been taken offline or destroyed by cata-
                                                                                                     grams necessary to adequately maintain na-
                                             strophic or existential threats, including                                                                     strophic incidents or the effects of cata-
                                                                                                     tional essential functions during global ca-
                                             even those that may have very low likeli-               tastrophes;                                            strophic incidents;
                                             hood;                                                     (5) recommendations for legislative actions            (2) impacted sectors may include—
                                               (4) technical assessments and lay expla-              and technology development and implemen-                 (A) the transportation sector;
                                             nations of the analyzed global catastrophic             tation actions necessary to improve con-                 (B) the communication sector;
                                             and existential risks, including their quali-           tinuity of government and continuity of op-              (C) the energy sector;
                                             tative character and key factors affecting              erations plans and programs;                             (D) the healthcare and public health sec-
                                             their likelihood of occurrence and potential              (6) a plan for increased senior leader in-           tor;
                                             consequences;                                           volvement in continuity of operations and                (E) the water and wastewater sector; and
                                               (5) an explanation of any factors that limit          continuity of government exercises; and                  (F) the financial sector;
                                             the ability of the President to assess the risk           (7) other matters deemed appropriate by                (3) State, local, Tribal, and territorial gov-
                                             both cumulatively and for particular                    the co-chairs of the committee.                        ernments have been equally affected or made
                                             threats, and how those limitations may be                 (c) FORM.—The report required under sub-             largely inoperable by catastrophic incidents
                                             overcome through future research or with                section (a) shall be submitted in unclassified         or the effects of catastrophic incidents;
                                             additional resources, programs, or authori-             form, but may include a classified annex.                (4) the emergency has exceeded the re-
                                             ties;                                                   SEC. 5106. ENHANCED CATASTROPHIC INCIDENT              sponse capabilities of State and local govern-
                                               (6) a review of the effectiveness of intel-                       ANNEX.                                     ments under the Robert T. Stafford Disaster
                                             ligence collection, early warning and detec-              (a) IN GENERAL.—The President, with sup-             Relief and Emergency Assistance Act (42
                                             tion systems, or other functions and pro-               port from the committee, shall supplement              U.S.C. 5121 et seq.) and other relevant dis-
                                             grams necessary to evaluate the risk of par-            each Federal Interagency Operational Plan              aster response laws; and
                                             ticular global catastrophic and existential             to include an annex containing a strategy to             (5) the United States military is suffi-
                                             threats, if any exist and as applicable for             ensure the health, safety, and general wel-            ciently engaged in armed or cyber conflict
                                             particular threats;                                     fare of the civilian population affected by            with State or non-State adversaries, or is
                                               (7) a forecast of if and why global cata-             catastrophic incidents by—                             otherwise unable to augment domestic re-
                                             strophic and existential risk is likely to in-            (1) providing for the basic needs of the ci-         sponse capabilities in a significant manner
                                             crease or decrease significantly in the next            vilian population of the United States that is         due to a catastrophic incident.
                                             30 years, both qualitatively and quan-                  impacted by catastrophic incidents in the                (d) EXISTING PLANS.—The President may
                                             titatively, as well as a description of associ-         United States;                                         incorporate existing contingency plans in




dlhill on DSK120RN23PROD with SENATE
                                             ated uncertainties;                                       (2) coordinating response efforts with State         the strategy developed under subsection (a)
                                               (8) proposals for how the Federal Govern-             and local governments, the private sector,             so long as those contingency plans are
                                             ment may more adequately assess global                  and nonprofit relief organizations;                    amended to be operational in accordance
                                             catastrophic and existential risk on an ongo-             (3) promoting personal and local readiness           with the requirements under this section.
                                             ing basis in future years;                              and non-reliance on government relief dur-               (e) AVAILABILITY.—The strategy developed
                                               (9) recommendations for legislative ac-               ing periods of heightened tension or after             under subsection (a) shall be available to the
                                             tions, as appropriate, to support the evalua-           catastrophic incidents; and                            public but may include a classified, or other




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                                             S6028                                             CONGRESSIONAL RECORD — SENATE                                                   September 29, 2022
                                             restricted, annex to be made available to the             (A) identifying concentrated risks for trade         main’ means any infrastructure, industry,
                                             appropriate committees of Congress and ap-              and economic security;                                 technology, or intellectual property (or com-
                                             propriate government entities.                            (B) setting priorities for securing the trade        bination thereof) that is essential for the
                                             SEC.   5107.    VALIDATION OF THE STRATEGY              and economic security of the United States;            economic security of the United States.
                                                            THROUGH AN EXERCISE.                       (C) coordinating Department-wide activity              ‘‘(B) ECONOMIC SECURITY.—The term ‘eco-
                                               Not later than 1 year after the addition of           on trade and economic security matters;                nomic security’ has the meaning given that
                                             the annex required under section 5106, the                (D) with respect to the development of the           term in section 890B(c)(2).’’.
                                             Department of Homeland Security shall lead              continuity of the economy plan of the Presi-             (c) RULE OF CONSTRUCTION.—Nothing in
                                             an exercise as part of the national exercise            dent under section 9603 of the William M.              this section or the amendments made by this
                                             program, in coordination with the com-                  (Mac) Thornberry National Defense Author-              section shall be construed to affect or dimin-
                                             mittee,    to   test   and    enhance     the           ization Act of Fiscal Year 2021 (6 U.S.C. 322);        ish the authority otherwise granted to any
                                             operationalization of the strategy required               (E) proposing statutory and regulatory               other officer of the Department of Homeland
                                             under section 5106.                                     changes impacting trade and economic secu-             Security.
                                             SEC. 5108. RECOMMENDATIONS.                             rity; and                                                    Subtitle C—Transnational Criminal
                                               (a) IN GENERAL.—The President shall pro-                (F) any other matters the Secretary con-                            Investigative Units
                                             vide recommendations to Congress for—                   siders appropriate.                                    SEC. 5121. SHORT TITLE.
                                               (1) actions that should be taken to prepare             (4) CHAIR AND VICE CHAIR.—The Under Sec-               This subtitle may be cited as the
                                             the United States to implement the strategy             retary for Strategy, Policy, and Plans of the          ‘‘Transnational Criminal Investigative Unit
                                             required under section 5106, increase readi-            Department—                                            Stipend Act’’.
                                             ness, and address preparedness gaps for re-               (A) shall serve as Chair of the Council; and         SEC.   5122.STIPENDS FOR TRANSNATIONAL
                                             sponding to the impacts of catastrophic inci-             (B) may designate a Council member as a                         CRIMINAL INVESTIGATIVE UNITS.
                                             dents on citizens of the United States; and             Vice Chair.                                              (a) IN GENERAL.—Subtitle H of title VIII of
                                               (2) additional authorities that should be               (5) MEETINGS.—The Council shall meet not             the Homeland Security Act of 2002 (6 U.S.C.
                                             considered for Federal agencies and the                 less frequently than quarterly, as well as—            451 et seq.) is amended by adding at the end
                                             President to more effectively implement the               (A) at the call of the Chair; or                     the following:
                                             strategy required under section 5106.                     (B) at the direction of the Secretary.               ‘‘SEC. 890C. TRANSNATIONAL CRIMINAL INVES-
                                               (b) INCLUSION IN REPORTS.—The President                 (6) BRIEFINGS.—Not later than 180 days                            TIGATIVE UNITS.
                                             may include the recommendations required                after the date of enactment of this Act and               ‘‘(a) IN GENERAL.—The Secretary shall op-
                                             under subsection (a) in a report submitted              every 180 days thereafter for 4 years, the             erate Transnational Criminal Investigative
                                             under section 5109.                                     Council shall brief the Committee on Home-             Units within United States Immigration and
                                             SEC. 5109. REPORTING REQUIREMENTS.                      land Security and Governmental Affairs of              Customs Enforcement, Homeland Security
                                               Not later than 1 year after the date on               the Senate and the Committee on Homeland               Investigations.
                                             which Department of Homeland Security                   Security of the House of Representatives on              ‘‘(b) COMPOSITION.—Each Transnational
                                             leads the exercise under section 5107, the              the actions and activities of the Council.             Criminal Investigative Unit shall be com-
                                                                                                       (b) ASSISTANT SECRETARY FOR TRADE AND                posed of trained foreign law enforcement of-
                                             President shall submit to Congress a report
                                                                                                     ECONOMIC SECURITY.—Section 709 of the                  ficials who shall collaborate with Homeland
                                             that includes—
                                                                                                     Homeland Security Act of 2002 (6 U.S.C. 349)           Security Investigations to investigate and
                                               (1) a description of the efforts of the Presi-
                                                                                                     is amended—                                            prosecute       individuals     involved     in
                                             dent to develop and update the strategy re-
                                                                                                       (1) by redesignating subsection (g) as sub-          transnational criminal activity.
                                             quired under section 5106; and
                                                                                                     section (h); and                                         ‘‘(c) VETTING REQUIREMENT.—
                                               (2) an after-action report following the                (2) by inserting after subsection (f) the fol-
                                             conduct of the exercise described in section                                                                     ‘‘(1) IN GENERAL.—Upon entry into a
                                                                                                     lowing:                                                Transnational Criminal Investigative Unit,
                                             5107.                                                     ‘‘(g) ASSISTANT SECRETARY FOR TRADE AND
                                             SEC. 5110. RULE OF CONSTRUCTION.                                                                               and at periodic intervals while serving in
                                                                                                     ECONOMIC SECURITY.—                                    such a unit, foreign law enforcement offi-
                                               Nothing in this subtitle shall be construed             ‘‘(1) IN GENERAL.—There is established
                                             to supersede the civilian emergency manage-                                                                    cials shall be required to pass certain secu-
                                                                                                     within the Office of Strategy, Policy, and             rity evaluations, which may include a back-
                                             ment authority of the Administrator of the              Plans an Assistant Secretary for Trade and
                                             Federal Emergency Management Agency                                                                            ground check, a polygraph examination, a
                                                                                                     Economic Security.                                     urinalysis test, or other measures that the
                                             under the Robert T. Stafford Disaster Relief              ‘‘(2) DUTIES.—At the direction of the Under
                                             and Emergency Assistance Act (42 U.S.C.                                                                        Director of U.S. Immigration and Customs
                                                                                                     Secretary for Strategy, Policy, and Plans,             Enforcement determines to be appropriate.
                                             5121 et seq.) or the Post Katrina Emergency             the Assistant Secretary for Trade and Eco-
                                             Management Reform Act (6 U.S.C. 701 et                                                                           ‘‘(2) REPORT.—The Director of U.S. Immi-
                                                                                                     nomic Security shall be responsible for pol-           gration and Customs Enforcement shall sub-
                                             seq.).                                                  icy formulation regarding matters relating             mit a report to the Committee on Homeland
                                                 Subtitle B—DHS Trade and Economic                   to economic security and trade, as such mat-           Security and Governmental Affairs of the
                                                            Security Council                         ters relate to the mission and the operations          Senate and the Committee on Homeland Se-
                                             SEC. 5111. DHS TRADE AND ECONOMIC SECURITY              of the Department.                                     curity of the House of Representatives that
                                                         COUNCIL.                                      ‘‘(3) ADDITIONAL RESPONSIBILITIES.—In addi-          describes—
                                               (a) ESTABLISHMENT OF THE DHS TRADE AND                tion to the duties specified in paragraph (2),           ‘‘(A) the procedures used for vetting
                                             ECONOMIC SECURITY COUNCIL.—                             the Assistant Secretary for Trade and Eco-             Transnational Criminal Investigative Unit
                                               (1) DEFINITIONS.—In this subsection:                  nomic Security, at the direction of the                members; and
                                               (A) COUNCIL.—The term ‘‘Council’’ means               Under Secretary for Strategy, Policy, and                ‘‘(B) any additional measures that should
                                             the DHS Trade and Economic Security Coun-               Plans, may—                                            be implemented to prevent personnel in vet-
                                             cil established under paragraph (2).                      ‘‘(A) oversee—                                       ted units from being compromised by crimi-
                                               (B) DEPARTMENT.—The term ‘‘Department’’                 ‘‘(i) coordination of supply chain policy;           nal organizations.
                                             means the Department of Homeland Secu-                  and                                                      ‘‘(d) MONETARY STIPEND.—The Director of
                                             rity.                                                     ‘‘(ii) assessments and reports to Congress           U.S. Immigration and Customs Enforcement
                                               (C) ECONOMIC SECURITY.—The term ‘‘eco-                related to critical economic security do-              is authorized to pay vetted members of a
                                             nomic security’’ has the meaning given that             mains;                                                 Transnational Criminal Investigative Unit a
                                             term in section 890B(c)(2) of the Homeland                ‘‘(B) serve as the representative of the             monetary stipend in an amount associated
                                             Security Act of 2002 (6 U.S.C. 474(c)(2)).              Under Secretary for Strategy, Policy, and              with their duties dedicated to unit activities.
                                               (D) SECRETARY.—The term ‘‘Secretary’’                 Plans for the purposes of representing the               ‘‘(e) ANNUAL BRIEFING.—The Director of
                                             means the Secretary of Homeland Security.               Department on—                                         U.S. Immigration and Customs Enforcement,
                                               (2) DHS TRADE AND ECONOMIC SECURITY                     ‘‘(i) the Committee on Foreign Investment            during the 5-year period beginning on the
                                             COUNCIL.—In accordance with the mission of              in the United States; and                              date of the enactment of this Act, shall pro-
                                             the Department under section 101(b) of the                ‘‘(ii) the Committee for the Assessment of           vide an annual unclassified briefing to the
                                             Homeland Security Act of 2002 (6 U.S.C.                 Foreign Participation in the United States             congressional committees referred to in sub-
                                             111(b)), and in particular paragraph (1)(F) of          Telecommunications Services Sector;                    section (c)(2), which may include a classified
                                             that section, the Secretary shall establish a             ‘‘(C) coordinate with stakeholders in other          session, if necessary, that identifies—
                                             standing council of component heads or their            Federal departments and agencies and non-                ‘‘(1) the number of vetted members of
                                             designees within the Department, which                  governmental entities with trade and eco-              Transnational Criminal Investigative Unit
                                             shall be known as the ‘‘DHS Trade and Eco-              nomic security interests, authorities, and re-         in each country;




dlhill on DSK120RN23PROD with SENATE
                                             nomic Security Council’’.                               sponsibilities; and                                      ‘‘(2) the amount paid in stipends to such
                                               (3) DUTIES OF THE COUNCIL.—Pursuant to                  ‘‘(D) perform such additional duties as the          members, disaggregated by country; and
                                             the scope of the mission of the Department              Secretary or the Under Secretary of Strat-               ‘‘(3) relevant enforcement statistics, such
                                             as described in paragraph (2), the Council              egy, Policy, and Plans may prescribe.                  as arrests and progress made on joint inves-
                                             shall provide to the Secretary advice and                 ‘‘(4) DEFINITIONS.—In this subsection:               tigations, in each such country.’’.
                                             recommendations on matters of trade and                   ‘‘(A) CRITICAL ECONOMIC SECURITY DOMAIN.—              (b) CLERICAL AMENDMENT.—The table of
                                             economic security, including—                           The term ‘critical economic security do-               contents for the Homeland Security Act of




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                                             September 29, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S6029
                                             2002 (Public Law 107–296) is amended by in-             the Committee on Homeland Security of the                (4) in section 1923 (6 U.S.C. 592)—
                                             serting after the item relating to section              House of Representatives, the Committee on               (A) by redesignating subsections (a) and (b)
                                             890B the following:                                     Appropriations of the House of Representa-             as subsections (b) and (d), respectively;
                                             ‘‘Sec. 890C. Transnational Criminal Inves-              tives, and the Committee on Transportation               (B) by inserting before subsection (b), as so
                                                           tigative Units.’’.                        and Infrastructure of the House of Rep-                redesignated, the following:
                                                                                                     resentatives a report relating to—                       ‘‘(a) OFFICE RESPONSIBILITIES.—
                                                   Subtitle D—Technological Hazards
                                                                                                       (1) actions taken to implement this sec-               ‘‘(1) IN GENERAL.—For the purposes of co-
                                                       Preparedness and Training
                                                                                                     tion; and                                              ordinating the efforts of the Department to
                                             SEC. 5131. SHORT TITLE.                                   (2) technological hazards and related
                                               This subtitle may be cited as the ‘‘Techno-                                                                  counter weapons of mass destruction and
                                                                                                     emerging threats preparedness programming              chemical, biological, radiological, nuclear,
                                             logical Hazards Preparedness and Training               provided under this section during the 1-year
                                             Act of 2022’’.                                                                                                 and other related emerging threats, the Of-
                                                                                                     period preceding the date of submission of             fice shall—
                                             SEC. 5132. DEFINITIONS.                                 the report.
                                                In this subtitle:                                                                                             ‘‘(A) provide expertise and guidance to De-
                                                                                                       (e)   CONSULTATION.—The       Secretary  of
                                                (1) ADMINISTRATOR.—The term ‘‘Adminis-                                                                      partment leadership and components on
                                                                                                     Homeland Security may seek continuing
                                             trator’’ means the Administrator of the Fed-                                                                   chemical, biological, radiological, nuclear,
                                                                                                     input relating to technological hazards and
                                             eral Emergency Management Agency.                                                                              and other related emerging threats, subject
                                                                                                     related emerging threats preparedness needs
                                                (2) INDIAN TRIBAL GOVERNMENT.—The term               by consulting State, Tribal, territorial, and          to the research, development, testing, and
                                             ‘‘Indian Tribal government’’ has the mean-              local emergency services organizations and             evaluation coordination requirement de-
                                             ing given the term ‘‘Indian tribal govern-              private sector stakeholders.                           scribed in subparagraph (G);
                                             ment’’ in section 102 of the Robert T. Staf-            SEC. 5134. AUTHORIZATION OF APPROPRIATIONS.
                                                                                                                                                              ‘‘(B) in coordination with the Office for
                                             ford Disaster Relief and Emergency Assist-                                                                     Strategy, Policy, and Plans, lead develop-
                                                                                                       There are authorized to be appropriated to
                                             ance Act (42 U.S.C. 5122).                                                                                     ment of policies and strategies to counter
                                                                                                     carry out this subtitle $20,000,000 for each of
                                                (3) LOCAL GOVERNMENT; STATE.—The terms               fiscal years 2023 through 2024.                        weapons of mass destruction and chemical,
                                             ‘‘local government’’ and ‘‘State’’ have the                                                                    biological, radiological, nuclear, and other
                                                                                                     SEC. 5135. SAVINGS PROVISION.
                                             meanings given those terms in section 102 of                                                                   related emerging threats on behalf of the De-
                                                                                                       Nothing in this subtitle shall diminish or
                                             the Robert T. Stafford Disaster Relief and                                                                     partment;
                                                                                                     divert resources from—
                                             Emergency Assistance Act (42 U.S.C. 5122).                                                                       ‘‘(C) identify, assess, and prioritize capa-
                                                                                                       (1) the full completion of federally-led
                                                (4) TECHNOLOGICAL HAZARD AND RELATED                                                                        bility gaps relating to the strategic and mis-
                                                                                                     chemical surety material storage missions
                                             EMERGING THREAT.—The term ‘‘technological
                                                                                                                                                            sion objectives of the Department for weap-
                                                                                                     or chemical demilitarization missions that
                                             hazard and related emerging threat’’—                                                                          ons of mass destruction and chemical, bio-
                                                                                                     are underway as of the date of enactment of
                                                (A) means a hazard that involves materials                                                                  logical, radiological, nuclear, and other re-
                                                                                                     this Act; or
                                             created by humans that pose a unique hazard                                                                    lated emerging threats;
                                                                                                       (2) any transitional activities or other
                                             to the general public and environment and                                                                        ‘‘(D) in coordination with the Office of In-
                                                                                                     community assistance incidental to the com-
                                             which may result from—                                                                                         telligence and Analysis, support components
                                                                                                     pletion of the missions described in para-
                                                (i) an accident;                                                                                            of the Department, and Federal, State, local,
                                                                                                     graph (1).
                                                (ii) an emergency caused by another haz-                                                                    Tribal, and territorial partners, provide in-
                                                                                                     Subtitle E—Offices of Countering Weapons of            telligence and information analysis and re-
                                             ard; or                                                     Mass Destruction and Health Security
                                                (iii) intentional use of the hazardous mate-                                                                ports on weapons of mass destruction and
                                                                                                     SEC. 5141. SHORT TITLE.                                chemical, biological, radiological, nuclear,
                                             rials; and                                                This subtitle may be cited as the ‘‘Offices
                                                (B) includes a chemical, radiological, bio-                                                                 and other related emerging threats;
                                                                                                     of Countering Weapons of Mass Destruction                ‘‘(E) in consultation with the Science and
                                             logical, and nuclear hazard.                            and Health Security Act of 2022’’.                     Technology Directorate, assess risk to the
                                             SEC. 5133. ASSISTANCE AND TRAINING FOR COM-
                                                                                                      CHAPTER 1—COUNTERING WEAPONS OF                       United States from weapons of mass destruc-
                                                          MUNITIES WITH TECHNOLOGICAL
                                                          HAZARDS AND RELATED EMERGING                      MASS DESTRUCTION OFFICE                         tion and chemical, biological, radiological,
                                                          THREATS.                                   SEC. 5142. COUNTERING WEAPONS OF MASS DE-              nuclear, and other related emerging threats;
                                               (a) IN GENERAL.—The Administrator shall                           STRUCTION OFFICE.                            ‘‘(F) lead development and prioritization of
                                             maintain the capacity to provide States and               (a) HOMELAND SECURITY ACT OF 2002.—Title             Department requirements to counter weap-
                                             local governments with technological haz-               XIX of the Homeland Security Act of 2002 (6            ons of mass destruction and chemical, bio-
                                             ards and related emerging threats technical             U.S.C. 590 et seq.) is amended—                        logical, radiological, nuclear, and other re-
                                             assistance, training, and other preparedness              (1) in section 1901 (6 U.S.C. 591)—                  lated emerging threats, subject to the re-
                                             programming to build community resilience                 (A) in subsection (c), by amending para-             search, development, testing, and evaluation
                                             to technological hazards and related emerg-             graphs (1) and (2) to read as follows:                 coordination requirement described in sub-
                                             ing threats.                                              ‘‘(1) matters and strategies pertaining to—          paragraph (G), which requirements shall be—
                                               (b) AUTHORITIES.—The Administrator shall                ‘‘(A) weapons of mass destruction; and                 ‘‘(i) developed in coordination with end
                                             carry out subsection (a) in accordance with—              ‘‘(B) chemical, biological, radiological, nu-        users; and
                                               (1) the Robert T. Stafford Disaster Relief            clear, and other related emerging threats;               ‘‘(ii) reviewed by the Joint Requirements
                                             and Emergency Assistance Act (42 U.S.C.                 and                                                    Council, as directed by the Secretary;
                                             5121 et seq.);                                            ‘‘(2) coordinating the efforts of the Depart-          ‘‘(G) in coordination with the Science and
                                               (2) section 1236 of the Disaster Recovery             ment to counter—                                       Technology Directorate, direct, fund, and co-
                                             Reform Act of 2018 (42 U.S.C. 5196g); and                 ‘‘(A) weapons of mass destruction; and               ordinate capability development activities
                                               (3) the Post-Katrina Emergency Manage-                  ‘‘(B) chemical, biological, radiological, nu-        to counter weapons of mass destruction and
                                             ment Reform Act of 2006 (Public Law 109–295;            clear, and other related emerging threats.’’;          all chemical, biological, radiological, nu-
                                             120 Stat. 1394).                                        and                                                    clear, and other related emerging threats re-
                                               (c) ASSESSMENT AND NOTIFICATION.—In car-                (B) by striking subsection (e);                      search, development, test, and evaluation
                                             rying out subsection (a), the Administrator               (2) by amending section 1921 (6 U.S.C. 591g)         matters, including research, development,
                                             shall—                                                  to read as follows:                                    testing, and evaluation expertise, threat
                                               (1) use any available and appropriate                 ‘‘SEC. 1921. MISSION OF THE OFFICE.                    characterization, technology maturation,
                                             multi-hazard risk assessment and mapping                  ‘‘The Office shall be responsible for—               prototyping, and technology transition;
                                             tools and capabilities to identify the commu-             ‘‘(1) coordinating the efforts of the Depart-          ‘‘(H) acquire, procure, and deploy counter
                                             nities that have the highest risk of and vul-           ment to counter—                                       weapons of mass destruction capabilities,
                                             nerability to a technological hazard in each              ‘‘(A) weapons of mass destruction; and               and serve as the lead advisor of the Depart-
                                             State; and                                                ‘‘(B) chemical, biological, radiological, nu-        ment on component acquisition, procure-
                                               (2) ensure each State and Indian Tribal               clear, and other related emerging threats;             ment, and deployment of counter-weapons of
                                             government is aware of—                                 and                                                    mass destruction capabilities;
                                               (A) the communities identified under para-              ‘‘(2) enhancing the ability of Federal,                ‘‘(I) in coordination with the Office of
                                             graph (1); and                                          State, local, Tribal, and territorial partners         Health Security, support components of the
                                               (B) the availability of programming under             to prevent, detect, protect against, and miti-         Department, and Federal, State, local, Trib-
                                             this section for—                                       gate the impacts of attacks using—                     al, and territorial partners on chemical, bio-
                                               (i) technological hazards and related                   ‘‘(A) weapons of mass destruction against            logical, radiological, nuclear, and other re-
                                             emerging threats preparedness; and                      the United States; and                                 lated emerging threats health matters;




dlhill on DSK120RN23PROD with SENATE
                                               (ii) building community capability.                     ‘‘(B) chemical, biological, radiological, nu-          ‘‘(J) provide expertise on weapons of mass
                                               (d) REPORT.—Not later than 1 year after               clear, and other related emerging threats              destruction and chemical, biological, radio-
                                             the date of enactment of this Act, and annu-            against the United States.’’;                          logical, nuclear, and other related emerging
                                             ally thereafter, the Administrator shall sub-             (3) in section 1922 (6 U.S.C. 591h)—                 threats to Department and Federal partners
                                             mit to the Committee on Homeland Security                 (A) by striking subsection (b); and                  to support engagements and efforts with
                                             and Governmental Affairs of the Senate, the               (B) by redesignating subsection (c) as sub-          international partners subject to the re-
                                             Committee on Appropriations of the Senate,              section (b);                                           search, development, testing, and evaluation




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                                             S6030                                             CONGRESSIONAL RECORD — SENATE                                                   September 29, 2022
                                             coordination requirement under subpara-                    (ii) in paragraph (1)—                                 ‘‘(iv) includes any other information re-
                                             graph (G); and                                             (I) by inserting ‘‘deploy,’’ after ‘‘acquire,’’;     garding national technical nuclear forensics
                                               ‘‘(K) carry out any other duties assigned to          and                                                     activities carried out under section 1923.’’;
                                             the Office by the Secretary.                               (II) by striking ‘‘deployment’’ and insert-            (7) in section 1928 (6 U.S.C. 596b)—
                                               ‘‘(2) DETECTION AND REPORTING.—For pur-               ing ‘‘operations’’;                                       (A) in subsection (c)(1), by striking ‘‘from
                                             poses of the detection and reporting respon-               (iii) by striking paragraphs (6) through             among high-risk urban areas under section
                                             sibilities of the Office for weapons of mass            (10);                                                   2003’’ and inserting ‘‘based on the capability
                                             destruction and chemical, biological, radio-               (iv) redesignating paragraphs (11) and (12)          and capacity of the jurisdiction, as well as
                                             logical, nuclear, and other related emerging            as paragraphs (6) and (7), respectively;                the relative threat, vulnerability, and con-
                                             threats, the Office shall—                                 (v) in paragraph (6)(B), as so redesignated,         sequences from terrorist attacks and other
                                               ‘‘(A) in coordination with end users, in-             by striking ‘‘national strategic five-year              high-consequence events utilizing nuclear or
                                             cluding State, local, Tribal, and territorial           plan referred to in paragraph (10)’’ and in-            other radiological materials’’; and
                                             partners, as appropriate—                               serting ‘‘United States national technical                (B) by striking subsection (d) and inserting
                                               ‘‘(i) carry out a program to test and evalu-          nuclear forensics strategic planning’’;                 the following:
                                             ate technology, in consultation with the                   (vi) in paragraph (7)(C)(v), as so redesig-            ‘‘(d) REPORT.—Not later than 2 years after
                                             Science and Technology Directorate, to de-              nated—                                                  the date of enactment of the Offices of Coun-
                                             tect and report on weapons of mass destruc-                (I) in the matter preceding subclause (I),           tering Weapons of Mass Destruction and
                                             tion and chemical, biological, radiological,            by inserting ‘‘except as otherwise provided,’’          Health Security Act of 2022, the Secretary
                                             nuclear, and other related emerging threats                                                                     shall submit to the appropriate congres-
                                                                                                     before ‘‘require’’; and
                                             weapons or unauthorized material, in coordi-                                                                    sional committees an update on the STC pro-
                                                                                                        (II) in subclause (II)—
                                             nation with other Federal agencies, as appro-                                                                   gram.’’; and
                                                                                                        (aa) in the matter preceding item (aa), by
                                             priate, and establish performance metrics to                                                                      (8) by adding at the end the following:
                                                                                                     striking ‘‘death or disability’’ and inserting
                                             evaluate the effectiveness of individual de-                                                                    ‘‘SEC. 1929. ACCOUNTABILITY.
                                                                                                     ‘‘death, disability, or a finding of good cause
                                             tectors and detection systems in detecting
                                                                                                     as determined by the Assistant Secretary                   ‘‘(a) DEPARTMENTWIDE STRATEGY.—
                                             those weapons or material—
                                                                                                     (including extreme hardship, extreme need,                 ‘‘(1) IN GENERAL.—Not later than 180 days
                                               ‘‘(I) under realistic operational and envi-
                                             ronmental conditions; and                               or the needs of the Office) and for which the           after the date of enactment of the Offices of
                                               ‘‘(II) against realistic adversary tactics            Assistant Secretary may grant a waiver of               Countering Weapons of Mass Destruction and
                                             and countermeasures;                                    the repayment obligation’’; and                         Health Security Act of 2022, and every 4
                                               ‘‘(B) in coordination with end users, con-               (bb) in item (bb), by adding ‘‘and’’ at the          years thereafter, the Secretary shall create a
                                             duct, support, coordinate, and encourage a              end;                                                    Departmentwide strategy and implementa-
                                             transformational program of research and                   (vii) by striking paragraph (13); and                tion plan to counter weapons of mass de-
                                             development to generate and improve tech-                  (viii) by redesignating paragraph (14) as            struction and chemical, biological, radio-
                                             nologies to detect, protect against, and re-            paragraph (8); and                                      logical, nuclear, and other related emerging
                                             port on the illicit entry, transport, assem-               (D) by inserting after subsection (b), as so         threats, which should—
                                             bly, or potential use within the United                 redesignated, the following:                              ‘‘(A) have clearly identified authorities,
                                             States of weapons of mass destruction and                                                                       specified roles, objectives, benchmarks, ac-
                                                                                                          ‘‘(c) CHEMICAL AND BIOLOGICAL RESPON-              countability, and timelines;
                                             chemical, biological, radiological, nuclear,            SIBILITIES.—The Office—
                                             and other related emerging threats weapons                                                                        ‘‘(B) incorporate the perspectives of non-
                                                                                                        ‘‘(1) shall be responsible for coordinating          Federal and private sector partners; and
                                             or unauthorized material, and coordinate                with other Federal efforts to enhance the
                                             with the Under Secretary for Science and                                                                          ‘‘(C) articulate how the Department will
                                                                                                     ability of Federal, State, local, and Tribal            contribute to relevant national-level strate-
                                             Technology on research and development ef-
                                                                                                     governments to prevent, detect, protect                 gies and work with other Federal agencies.
                                             forts relevant to the mission of the Office
                                                                                                     against, and mitigate the impacts of chem-                ‘‘(2) CONSIDERATION.—The Secretary shall
                                             and the Under Secretary for Science and
                                                                                                     ical and biological threats against the                 appropriately consider weapons of mass de-
                                             Technology;
                                               ‘‘(C) before carrying out operational test-           United States; and                                      struction and chemical, biological, radio-
                                             ing under subparagraph (A), develop a test-                ‘‘(2) shall—                                         logical, nuclear, and other related emerging
                                             ing and evaluation plan that articulates the               ‘‘(A) serve as a primary entity of the Fed-          threats when creating the strategy and im-
                                             requirements for the user and describes how             eral Government to further develop, acquire,            plementation plan required under paragraph
                                             these capability needs will be tested in de-            deploy, and support the operations of a na-             (1).
                                             velopmental test and evaluation and oper-               tional biosurveillance system in support of               ‘‘(3) REPORT.—The Office shall submit to
                                             ational test and evaluation;                            Federal, State, local, Tribal, and territorial          the appropriate congressional committees a
                                               ‘‘(D) as appropriate, develop, acquire, and           governments, and improve that system over               report on the updated Departmentwide strat-
                                             deploy equipment to detect and report on                time;                                                   egy and implementation plan required under
                                             weapons of mass destruction and chemical,                  ‘‘(B) enhance the chemical and biological            paragraph (1).
                                             biological, radiological, nuclear, and other            detection efforts of Federal, State, local,               ‘‘(b) DEPARTMENTWIDE BIODEFENSE REVIEW
                                             related emerging threats weapons or unau-               Tribal, and territorial governments and pro-            AND STRATEGY.—
                                             thorized material in support of Federal,                vide guidance, tools, and training to help en-            ‘‘(1) IN GENERAL.—Not later than 180 days
                                             State, local, Tribal, and territorial govern-           sure a managed, coordinated response; and               after the date of enactment of the Offices of
                                             ments;                                                     ‘‘(C) collaborate with the Biomedical Ad-            Countering Weapons of Mass Destruction and
                                               ‘‘(E) support and enhance the effective               vanced Research and Development Author-                 Health Security Act of 2022, the Secretary,
                                             sharing and use of appropriate information              ity, the Office of Health Security, the De-             in consultation with appropriate stake-
                                             on weapons of mass destruction and chem-                fense Advanced Research Projects Agency,                holders representing Federal, State, Tribal,
                                             ical, biological, radiological, nuclear, and            and the National Aeronautics and Space Ad-              territorial, academic, private sector, and
                                             other related emerging threats and related              ministration, and other relevant Federal                nongovernmental entities, shall conduct a
                                             emerging issues generated by elements of                stakeholders, and receive input from indus-             Departmentwide review of biodefense activi-
                                             the intelligence community (as defined in               try, academia, and the national laboratories            ties and strategies.
                                             section 3 of the National Security Act of 1947          on chemical and biological surveillance ef-               ‘‘(2) REVIEW.—The review required under
                                             (50 U.S.C. 3003)), law enforcement agencies,            forts.’’;                                               paragraph (1) shall—
                                             other Federal agencies, State, local, Tribal,              (5) in section 1924 (6 U.S.C. 593), by striking        ‘‘(A) identify with specificity the bio-
                                             and territorial governments, and foreign                ‘‘section 11011 of the Strom Thurmond Na-               defense lines of effort of the Department, in-
                                             governments, as well as provide appropriate             tional Defense Authorization Act for Fiscal             cluding relating to biodefense roles, respon-
                                             information to those entities;                          Year 1999 (5 U.S.C. 3104 note).’’ and inserting         sibilities, and capabilities of components and
                                               ‘‘(F) consult, as appropriate, with the Fed-          ‘‘section 4092 of title 10, United States Code,         offices of the Department;
                                             eral Emergency Management Agency and                    except that the authority shall be limited to             ‘‘(B) assess how such components and of-
                                             other departmental components, on weapons               facilitate the recruitment of experts in the            fices coordinate internally and with public
                                             of mass destruction and chemical, biological,           chemical, biological, radiological, or nuclear          and private partners in the biodefense enter-
                                             radiological, nuclear, and other related                specialties.’’;                                         prise;
                                             emerging threats and efforts to mitigate,                  (6) in section 1927(a)(1)(C) (6 U.S.C.                 ‘‘(C) identify any policy, resource, capa-
                                             prepare, and respond to all threats in sup-             596a(a)(1)(C))—                                         bility, or other gaps in the Department’s
                                             port of the State, local, and Tribal commu-                (A) in clause (i), by striking ‘‘required            ability to assess, prevent, protect against,




dlhill on DSK120RN23PROD with SENATE
                                             nities; and                                             under section 1036 of the National Defense              and respond to biological threats; and
                                               ‘‘(G) perform other duties as assigned by             Authorization Act for Fiscal Year 2010’’;                 ‘‘(D) identify any organizational changes
                                             the Secretary.’’;                                          (B) in clause (ii), by striking ‘‘and’’ at the       or reforms necessary for the Department to
                                               (C) in subsection (b), as so redesignated—            end;                                                    effectively execute its biodefense mission
                                               (i) in the subsection heading, by striking               (C) in clause (iii), by striking the period at       and role, including with respect to public
                                             ‘‘MISSION’’ and inserting ‘‘RADIOLOGICAL AND            the end and inserting ‘‘; and’’; and                    and private partners in the biodefense enter-
                                             NUCLEAR RESPONSIBILITIES’’;                                (D) by adding at the end the following:              prise.




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                                             September 29, 2022                                CONGRESSIONAL RECORD — SENATE                                                                      S6031
                                               ‘‘(3) STRATEGY.—Not later than 1 year after           components of the Department, including                shall regularly consult and work with the
                                             completion of the review required under                 the Science and Technology Directorate.                Advisory Council on the administration of
                                             paragraph (1), the Secretary shall issue a                ‘‘(e) NATIONAL ACADEMIES OF SCIENCES, EN-            Federal assistance provided by the Depart-
                                             biodefense strategy for the Department                  GINEERING, AND MEDICINE.—                              ment, including with respect to the develop-
                                             that—                                                     ‘‘(1) STUDY.—The Secretary shall enter               ment of requirements for countering weap-
                                               ‘‘(A) is informed by such review and is               into an agreement with the National Acad-              ons of mass destruction programs, as appro-
                                             aligned with section 1086 of the National De-           emies of Sciences, Engineering, and Medicine           priate.
                                             fense Authorization Act for Fiscal Year 2017            to conduct a consensus study and report to               ‘‘(5) VOLUNTARY SERVICE.—The members of
                                             (6 U.S.C. 104; relating to the development of           the Secretary and the appropriate congres-             the Advisory Council shall serve on the Advi-
                                             a national biodefense strategy and associ-              sional committees on—                                  sory Council on a voluntary basis.
                                             ated implementation plan, including a re-                 ‘‘(A) the role of the Department in pre-               ‘‘(6) FACA.—The Federal Advisory Com-
                                             view and assessment of biodefense policies,             paring, detecting, and responding to biologi-          mittee Act (5 U.S.C. App.) shall not apply to
                                             practices, programs, and initiatives) or any            cal and health security threats to the home-           the Advisory Council.’’.
                                             successor strategy; and                                 land;                                                    (b) COUNTERING WEAPONS OF MASS DE-
                                               ‘‘(B) shall—                                            ‘‘(B) recommendations to improve depart-             STRUCTION ACT OF 2018.—Section 2 of the
                                               ‘‘(i) describe the biodefense mission and             mental biosurveillance efforts against bio-            Countering Weapons of Mass Destruction Act
                                             role of the Department, as well as how such             logical threats, including any relevant bio-           of 2018 (Public Law 115–387; 132 Stat. 5162) is
                                             mission and role relates to the biodefense              logical detection methods and technologies;            amended—
                                             lines of effort of the Department;                      and                                                      (1) in subsection (b)(2) (6 U.S.C. 591 note),
                                               ‘‘(ii) clarify, as necessary, biodefense roles,         ‘‘(C) the feasibility of different techno-           by striking ‘‘1927’’ and inserting ‘‘1926’’; and
                                             responsibilities, and capabilities of the com-          logical advances for biodetection compared               (2) in subsection (g) (6 U.S.C. 591 note)—
                                             ponents and offices of the Department in-               to the cost, risk reduction, and timeliness of           (A) in the matter preceding paragraph (1),
                                             volved in the biodefense lines of effort of the         those advances.                                        by striking ‘‘one year after the date of the
                                             Department;                                               ‘‘(2) BRIEFING.—Not later than 1 year after          enactment of this Act, and annually there-
                                               ‘‘(iii) establish how biodefense lines of ef-         the date on which the Secretary receives the           after,’’ and inserting ‘‘June 30 of each year,’’;
                                             fort of the Department are to be coordinated            report required under paragraph (1), the Sec-          and
                                             within the Department;                                  retary shall brief the appropriate congres-              (B) in paragraph (2), by striking ‘‘Security,
                                               ‘‘(iv) establish how the Department en-               sional committees on—                                  including research and development activi-
                                             gages with public and private partners in the             ‘‘(A) the implementation of the rec-
                                                                                                                                                            ties’’ and inserting ‘‘Security’’.
                                             biodefense enterprise, including other Fed-             ommendations included in the report; and
                                                                                                                                                              (c) SECURITY AND ACCOUNTABILITY FOR
                                             eral agencies, national laboratories and                  ‘‘(B) the status of biological detection at
                                                                                                                                                            EVERY PORT ACT OF 2006.—The Security and
                                             sites, and State, local, Tribal, and territorial        the Department, and, if applicable, timelines
                                                                                                                                                            Accountability for Every Port Act of 2006 (6
                                             entities, with specificity regarding the fre-           for the transition from Biowatch to updated
                                                                                                                                                            U.S.C. 901 et seq.) is amended—
                                             quency and nature of such engagement by                 technology.
                                                                                                       ‘‘(f) ADVISORY COUNCIL.—                               (1) in section 1(b) (Public Law 109–347; 120
                                             Department components and offices with                                                                         Stat 1884), by striking the item relating to
                                             State, local, Tribal and territorial entities;            ‘‘(1) ESTABLISHMENT.—Not later than 180
                                                                                                     days after the date of enactment of the Of-            section 502; and
                                             and                                                                                                              (2) by striking section 502 (6 U.S.C. 592a).
                                               ‘‘(v) include information relating to—                fices of Countering Weapons of Mass De-
                                                                                                     struction and Health Security Act of 2022,             SEC. 5143. RULE OF CONSTRUCTION.
                                               ‘‘(I) milestones and performance metrics                                                                       Nothing in this chapter or the amendments
                                                                                                     the Secretary shall establish an advisory
                                             that are specific to the biodefense mission                                                                    made by this chapter shall be construed to
                                                                                                     body to advise on the ongoing coordination
                                             and role of the Department described in                                                                        affect or diminish the authorities or respon-
                                                                                                     of the efforts of the Department to counter
                                             clause (i); and                                                                                                sibilities of the Under Secretary for Science
                                                                                                     weapons of mass destruction, to be known as
                                               ‘‘(II) implementation of any operational                                                                     and Technology.
                                                                                                     the Advisory Council for Countering Weap-
                                             changes necessary to carry out clauses (iii)
                                                                                                     ons of Mass Destruction (in this subsection                  CHAPTER 2—OFFICE OF HEALTH
                                             and (iv).
                                                                                                     referred to as the ‘Advisory Council’).                                  SECURITY
                                               ‘‘(4) PERIODIC UPDATE.—Beginning not later
                                                                                                       ‘‘(2) MEMBERSHIP.—The members of the Ad-             SEC. 5144. OFFICE OF HEALTH SECURITY.
                                             than 5 years after the issuance of the bio-
                                                                                                     visory Council shall—
                                             defense strategy and implementation plans                                                                        (a) ESTABLISHMENT.—The Homeland Secu-
                                                                                                       ‘‘(A) be appointed by the Assistant Sec-
                                             required under paragraph (3), and not less                                                                     rity Act of 2002 (6 U.S.C. 101 et seq.) is
                                                                                                     retary; and
                                             often than once every 5 years thereafter, the                                                                  amended—
                                                                                                       ‘‘(B) to the extent practicable, represent a
                                             Secretary shall review and update, as nec-                                                                        (1) in section 103 (6 U.S.C. 113)—
                                                                                                     geographic (including urban and rural) and
                                             essary, such strategy and plans.                                                                                  (A) in subsection (a)(2)—
                                                                                                     substantive cross section of officials, from
                                               ‘‘(5) CONGRESSIONAL OVERSIGHT.—Not later                                                                        (i) by striking ‘‘the Assistant Secretary for
                                                                                                     State, local, and Tribal governments, aca-
                                             than 30 days after the issuance of the bio-                                                                    Health Affairs,’’; and
                                                                                                     demia, the private sector, national labora-
                                             defense strategy and implementation plans                                                                         (ii) by striking ‘‘Affairs, or’’ and inserting
                                                                                                     tories, and nongovernmental organizations,
                                             required under paragraph (3), the Secretary                                                                    ‘‘Affairs or’’; and
                                                                                                     including, as appropriate—
                                             shall brief the Committee on Homeland Se-                                                                         (B) in subsection (d), by adding at the end
                                                                                                       ‘‘(i) members selected from the emergency
                                             curity and Governmental Affairs of the Sen-                                                                    the following:
                                                                                                     management field and emergency response
                                             ate and the Committee on Homeland Secu-                                                                           ‘‘(6) A Chief Medical Officer.’’;
                                                                                                     providers;
                                             rity of the House of Representatives regard-                                                                      (2) by adding at the end the following:
                                                                                                       ‘‘(ii) State, local, and Tribal government
                                             ing such strategy and plans.                                                                                          ‘‘TITLE XXIII—OFFICE OF HEALTH
                                               ‘‘(c) EMPLOYEE MORALE.—Not later than                 officials;
                                                                                                       ‘‘(iii) experts in the public and private sec-                           SECURITY’’;
                                             180 days after the date of enactment of the
                                             Offices of Countering Weapons of Mass De-               tors with expertise in chemical, biological,              (3) by redesignating section 1931 (6 U.S.C.
                                             struction and Health Security Act of 2022,              radiological, and nuclear agents and weap-             597) as section 2301 and transferring such sec-
                                             the Office shall submit to and brief the ap-            ons;                                                   tion to appear after the heading for title
                                             propriate congressional committees on a                   ‘‘(iv) representatives from the national             XXIII, as added by paragraph (2); and
                                             strategy and plan to continuously improve               laboratories; and                                         (4) in section 2301, as so redesignated—
                                             morale within the Office.                                 ‘‘(v) such other individuals as the Assist-             (A) in the section heading, by striking
                                               ‘‘(d) COMPTROLLER GENERAL.—Not later                  ant Secretary determines to be appropriate.            ‘‘CHIEF MEDICAL OFFICER’’ and inserting ‘‘OF-
                                             than 1 year after the date of enactment of                ‘‘(3) RESPONSIBILITIES.— The Advisory                FICE OF HEALTH SECURITY’’;
                                             the Offices of Countering Weapons of Mass               Council shall—                                            (B) by striking subsections (a) and (b) and
                                             Destruction and Health Security Act of 2022,              ‘‘(A) advise the Assistant Secretary on all          inserting the following:
                                             the Comptroller General of the United States            aspects of countering weapons of mass de-                 ‘‘(a) IN GENERAL.—There is established in
                                             shall conduct a review of and brief the appro-          struction;                                             the Department an Office of Health Security.
                                             priate congressional committees on—                       ‘‘(B) incorporate State, local, and Tribal              ‘‘(b) HEAD OF OFFICE OF HEALTH SECU-
                                               ‘‘(1) the efforts of the Office to prioritize         government, national laboratories, and pri-            RITY.—The Office of Health Security shall be
                                             the programs and activities that carry out              vate sector input in the development of the            headed by a chief medical officer, who
                                             the mission of the Office, including research           strategy and implementation plan of the De-            shall—
                                             and development;                                        partment for countering weapons of mass de-               ‘‘(1) be the Assistant Secretary for Health
                                               ‘‘(2) the consistency and effectiveness of            struction; and                                         Security and the Chief Medical Officer of the




dlhill on DSK120RN23PROD with SENATE
                                             stakeholder coordination across the mission               ‘‘(C) establish performance criteria for a           Department;
                                             of the Department, including operational                national biological detection system and re-              ‘‘(2) be a licensed physician possessing a
                                             and support components of the Department                view the testing protocol for biological de-           demonstrated ability in and knowledge of
                                             and State and local entities; and                       tection prototypes.                                    medicine and public health;
                                               ‘‘(3) the efforts of the Office to manage and           ‘‘(4) CONSULTATION.—To ensure input from                ‘‘(3) be appointed by the President; and
                                             coordinate the lifecycle of research and de-            and coordination with State, local, and Trib-             ‘‘(4) report directly to the Secretary.’’;
                                             velopment within the Office and with other              al governments, the Assistant Secretary                   (C) in subsection (c)—




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                                             S6032                                             CONGRESSIONAL RECORD — SENATE                                                    September 29, 2022
                                               (i) in the matter preceding paragraph (1),              ‘‘(A) identifying methods and technologies              (7) by redesignating section 528 (6 U.S.C.
                                             by striking ‘‘medical issues related to nat-            for managing, updating, and overseeing pa-             321q) as section 2303 and transferring such
                                             ural disasters, acts of terrorism, and other            tient records; and                                     section to appear after section 2302, as so re-
                                             man-made disasters’’ and inserting ‘‘over-                ‘‘(B) setting standards for technology used          designated; and
                                             sight of all medical, public health, and work-          by the components of the Department re-                   (8) in section 2303(a), as so redesignated, by
                                             force health and safety matters of the De-              garding the collection, storage, and over-             striking ‘‘Assistant Secretary for the Coun-
                                             partment’’;                                             sight of medical records;                              tering Weapons of Mass Destruction Office’’
                                               (ii) in paragraph (1), by striking ‘‘, the Ad-          ‘‘(11) advising the Secretary and the head           and inserting ‘‘Chief Medical Officer’’.
                                             ministrator of the Federal Emergency Man-               of each component of the Department that                  (b) TRANSITION AND TRANSFERS.—
                                             agement Agency, the Assistant Secretary,                delivers direct patient care regarding con-               (1) TRANSITION.—The individual appointed
                                             and other Department officials’’ and insert-            tracts for the delivery of direct patient care,        pursuant to section 1931 of the Homeland Se-
                                             ing ‘‘and all other Department officials’’;             other medical services, and medical supplies;          curity Act of 2002 (6 U.S.C. 597) of the Depart-
                                               (iii) in paragraph (4), by striking ‘‘and’’ at          ‘‘(12) coordinating with the Countering              ment of Homeland Security, as in effect on
                                             the end;                                                Weapons of Mass Destruction Office and                 the day before the date of enactment of this
                                                                                                     other components of the Department as di-              Act, and serving as the Chief Medical Officer
                                               (iv) by redesignating paragraph (5) as para-
                                                                                                     rected by the Secretary to enhance the abil-           of the Department of Homeland Security on
                                             graph (13); and
                                                                                                     ity of Federal, State, local, Tribal, and terri-       the day before the date of enactment of this
                                               (v) by inserting after paragraph (4) the fol-
                                                                                                     torial governments to prevent, detect, pro-            Act, shall continue to serve as the Chief
                                             lowing:
                                                                                                     tect against, and mitigate the health effects          Medical Officer of the Department on and
                                               ‘‘(5) overseeing all medical and public
                                                                                                     of chemical, biological, radiological, and nu-         after the date of enactment of this Act with-
                                             health activities of the Department, includ-                                                                   out the need for reappointment.
                                                                                                     clear issues; and’’; and
                                             ing the delivery, advisement, and oversight                                                                       (2) RULE OF CONSTRUCTION.—The rule of
                                                                                                       (D) by adding at the end the following:
                                             of direct patient care and the organization,              ‘‘(d) ASSISTANCE AND AGREEMENTS.—The                 construction described in section 2(hh) of the
                                             management, and staffing of component op-               Secretary, acting through the Chief Medical            Presidential Appointment Efficiency and
                                             erations that deliver direct patient care;              Officer, in support of the medical and public          Streamlining Act of 2011 (5 U.S.C. 3132 note)
                                               ‘‘(6) advising the head of each component             health activities of the Department, may—              shall not apply to the Chief Medical Officer
                                             of the Department that delivers direct pa-                ‘‘(1) provide technical assistance, training,        of the Department of Homeland Security, in-
                                             tient care regarding the recruitment and ap-            and information and distribute funds                   cluding the incumbent who holds the posi-
                                             pointment of a component chief medical offi-            through grants and cooperative agreements              tion on the day before the date of enactment
                                             cer and deputy chief medical officer or the             to State, local, Tribal, and territorial gov-          of this Act, and such officer shall be paid
                                             employee who functions in the capacity of               ernments and nongovernmental organiza-                 pursuant to section 3132(a)(2) or 5315 of title
                                             chief medical officer and deputy chief med-             tions;                                                 5, United States Code.
                                             ical officer;                                             ‘‘(2) enter into other transactions;                    (3) TRANSFER.—The Secretary of Homeland
                                               ‘‘(7) advising the Secretary and the head of            ‘‘(3) enter into agreements with other Fed-          Security shall transfer to the Chief Medical
                                             each component of the Department that de-               eral agencies; and                                     Officer of the Department of Homeland Secu-
                                             livers direct patient care regarding knowl-               ‘‘(4) accept services from personnel of com-         rity—
                                             edge and skill standards for medical per-               ponents of the Department and other Federal               (A) all functions, personnel, budget author-
                                             sonnel and the assessment of that knowledge             agencies on a reimbursable or nonreimburs-             ity, and assets of the Under Secretary for
                                             and skill;                                              able basis.                                            Management relating to workforce health
                                               ‘‘(8) advising the Secretary and the head of            ‘‘(e) OFFICE OF HEALTH SECURITY PRIVACY              and safety, as in existence on the day before
                                             each component of the Department that de-               OFFICER.—There shall be a Privacy Officer in           the date of enactment of this Act;
                                             livers patient care regarding the collection,           the Office of Health Security with primary                (B) all functions, personnel, budget author-
                                             storage, and oversight of medical records;              responsibility for privacy policy and compli-          ity, and assets of the Assistant Secretary for
                                               ‘‘(9) with respect to any psychological               ance within the Office, who shall—                     the Countering Weapons of Mass Destruction
                                             health counseling or assistance program of                ‘‘(1) report directly to the Chief Medical           Office relating to the Chief Medical Officer,
                                             the Department, including such a program of             Officer; and                                           including the Medical Operations Direc-
                                             a law enforcement, operational, or support                ‘‘(2) ensure privacy protections are inte-           torate of the Countering Weapons of Mass
                                             component of the Department, advising the               grated into all Office of Health Security ac-          Destruction Office, as in existence on the
                                             head of each such component with such a                 tivities, subject to the review and approval           day before the date of enactment of this Act;
                                             program regarding—                                      of the Privacy Officer of the Department to            and
                                               ‘‘(A) ensuring such program includes safe-            the extent consistent with the authority of               (C) all functions, personnel, budget author-
                                             guards against adverse action, including                the Privacy Officer of the Department under            ity, and assets of the Assistant Secretary for
                                             automatic referrals for a fitness for duty ex-          section 222.                                           the Countering Weapons of Mass Destruction
                                             amination, by such component with respect                 ‘‘(f) ACCOUNTABILITY.—                               Office associated with the efforts pertaining
                                             to any employee solely because such em-                   ‘‘(1)   STRATEGY      AND     IMPLEMENTATION
                                                                                                                                                            to the program coordination activities relat-
                                             ployee self-identifies a need for psycho-               PLAN.—Not later than 180 days after the date
                                                                                                                                                            ing to defending the food, agriculture, and
                                             logical health counseling or assistance or re-          of enactment of this section, and every 4              veterinary defenses of the Office, as in exist-
                                             ceives such counseling or assistance;                   years thereafter, the Secretary shall create a         ence on the day before the date of enactment
                                               ‘‘(B) increasing the availability and num-            Departmentwide strategy and implementa-                of this Act.
                                             ber of local psychological health profes-               tion plan to address health threats.                   SEC. 5145. MEDICAL COUNTERMEASURES PRO-
                                             sionals with experience providing psycho-                 ‘‘(2) BRIEFING.—Not later than 90 days after                    GRAM.
                                             logical support services to personnel;                  the date of enactment of this section, the               The Homeland Security Act of 2002 (6
                                               ‘‘(C) establishing a behavioral health cur-           Secretary shall brief the appropriate con-             U.S.C. 101 et seq.) is amended by redesig-
                                             riculum for employees at the beginning of               gressional committees on the organizational            nating section 1932 (6 U.S.C. 597a) as section
                                             their careers to provide resources early re-            transformations of the Office of Health Secu-          2304 and transferring such section to appear
                                             garding the importance of psychological                 rity, including how best practices were used           after section 2303, as so redesignated by sec-
                                             health;                                                 in the creation of the Office of Health Secu-          tion 5144 of this subtitle.
                                               ‘‘(D) establishing periodic management                rity.’’;                                               SEC. 5146. CONFIDENTIALITY OF MEDICAL QUAL-
                                             training on crisis intervention and such com-             (5) by redesignating section 710 (6 U.S.C.                       ITY ASSURANCE RECORDS.
                                             ponent’s psychological health counseling or             350) as section 2302 and transferring such sec-          Title XXIII of the Homeland Security Act
                                             assistance program;                                     tion to appear after section 2301, as so redes-        of 2002, as added by this chapter, is amended
                                               ‘‘(E) improving any associated existing em-           ignated;                                               by adding at the end the following:
                                             ployee peer support programs, including by                (6) in section 2302, as so redesignated—             ‘‘SEC.    2305.
                                                                                                                                                                          CONFIDENTIALITY OF MEDICAL
                                             making additional training and resources                  (A) in the section heading, by striking                          QUALITY ASSURANCE RECORDS.
                                             available for peer support personnel in the             ‘‘MEDICAL SUPPORT’’ and inserting ‘‘SAFETY’’;            ‘‘(a) DEFINITIONS.—In this section:
                                             workplace across such component;                          (B) in subsection (a), by striking ‘‘Under             ‘‘(1) HEALTH CARE PROVIDER.—The term
                                               ‘‘(F) developing and implementing a vol-              Secretary for Management’’ each place that             ‘health care provider’ means an individual
                                             untary alcohol treatment program that in-               term appears and inserting ‘‘Chief Medical             who—
                                             cludes a safe harbor for employees who seek             Officer’’; and                                           ‘‘(A) is—
                                             treatment;                                                (C) in subsection (b)—                                 ‘‘(i) an employee of the Department;
                                               ‘‘(G) including, when appropriate, collabo-             (i) in the matter preceding paragraph (1),             ‘‘(ii) a detailee to the Department from an-




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                                             rating and partnering with key employee                 by striking ‘‘Under Secretary for Manage-              other Federal agency;
                                             stakeholders and, for those components with             ment, in coordination with the Chief Medical             ‘‘(iii) a personal services contractor of the
                                             employees with an exclusive representative,             Officer,’’ and inserting ‘‘Chief Medical Offi-         Department; or
                                             the exclusive representative with respect to            cer’’; and                                               ‘‘(iv) hired under a contract for services;
                                             such a program;                                           (ii) in paragraph (3), by striking ‘‘as                ‘‘(B) performs health care services as part
                                               ‘‘(10) in consultation with the Chief Infor-          deemed appropriate by the Under Sec-                   of duties of the individual in that capacity;
                                             mation Officer of the Department—                       retary,’’;                                             and




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                                             September 29, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S6033
                                               ‘‘(C) has a current, valid, and unrestricted            ‘‘(B) To an administrative or judicial pro-            ‘‘(g) EXEMPTION FROM FREEDOM OF INFOR-
                                             license or certification—                               ceeding concerning an adverse action related           MATION    ACT.—A medical quality assurance
                                               ‘‘(i) that is issued by a State, the District         to the credentialing of or health care pro-            record of the Department shall be exempt
                                             of Columbia, or a commonwealth, territory,              vided by a present or former health care pro-          from disclosure under section 552(b)(3) of
                                             or possession of the United States; and                 vider by the Department.                               title 5, United States Code (commonly
                                               ‘‘(ii) that is for the practice of medicine,            ‘‘(C) To a governmental board or agency or           known as the ‘Freedom of Information Act’).
                                             osteopathic medicine, dentistry, nursing,               to a professional health care society or orga-           ‘‘(h) LIMITATION ON CIVIL LIABILITY.—A per-
                                             emergency medical services, or another                  nization, if the medical quality assurance             son who participates in the review or cre-
                                             health profession.                                      record of the Department or testimony is               ation of, or provides information to a person
                                               ‘‘(2) MEDICAL QUALITY ASSURANCE PRO-                  needed by the board, agency, society, or or-           or body that reviews or creates, a medical
                                             GRAM.—The term ‘medical quality assurance               ganization       to    perform       licensing,        quality assurance record of the Department
                                             program’ means any activity carried out by              credentialing, or the monitoring of profes-            shall not be civilly liable for that participa-
                                             the Department to assess the quality of med-            sional standards with respect to any health            tion or for providing that information if the
                                             ical care, including activities conducted by            care provider who is or was a health care              participation or provision of information was
                                             individuals, committees, or other review                provider for the Department.                           provided in good faith based on prevailing
                                             bodies responsible for quality assurance, cre-            ‘‘(D) To a hospital, medical center, or              professional standards at the time the med-
                                             dentials, infection control, incident report-           other institution that provides health care            ical quality assurance program activity took
                                             ing, the delivery, advisement, and oversight            services, if the medical quality assurance             place.
                                             of direct patient care and assessment (in-              record of the Department or testimony is                 ‘‘(i) APPLICATION TO INFORMATION IN CER-
                                             cluding treatment procedures, blood, drugs,             needed by the institution to assess the pro-           TAIN OTHER RECORDS.—Nothing in this sec-
                                             and therapeutics), medical records, health              fessional qualifications of any health care            tion shall be construed as limiting access to
                                             resources management review, and identi-                provider who is or was a health care provider          the information in a record created and
                                             fication and prevention of medical, mental              for the Department and who has applied for             maintained outside a medical quality assur-
                                             health, or dental incidents and risks.                  or been granted authority or employment to             ance program, including the medical record
                                               ‘‘(3) MEDICAL QUALITY ASSURANCE RECORD                provide health care services in or on behalf           of a patient, on the grounds that the infor-
                                             OF THE DEPARTMENT.—The term ‘medical                    of the institution.                                    mation was presented during meetings of a
                                             quality assurance record of the Department’               ‘‘(E) To an employee, a detailee, or a con-          review body that are part of a medical qual-
                                             means all information, including the pro-               tractor of the Department who has a need for           ity assurance program.
                                             ceedings, records (including patient records            the medical quality assurance record of the              ‘‘(j) PENALTY.—Any person who willfully
                                             that the Department creates and maintains               Department or testimony to perform official            discloses a medical quality assurance record
                                             as part of a system of records), minutes, and           duties or duties within the scope of their             of the Department other than as provided in
                                             reports that—                                           contract.                                              this section, knowing that the record is a
                                               ‘‘(A) emanate from quality assurance pro-               ‘‘(F) To a criminal or civil law enforce-            medical quality assurance record of the De-
                                             gram activities described in paragraph (2);             ment agency or instrumentality charged                 partment shall be fined not more than $3,000
                                             and                                                     under applicable law with the protection of            in the case of a first offense and not more
                                               ‘‘(B) are produced or compiled by the De-             the public health or safety, if a qualified rep-       than $20,000 in the case of a subsequent of-
                                             partment as part of a medical quality assur-            resentative of the agency or instrumentality           fense.
                                             ance program.                                           makes a written request that the medical                 ‘‘(k) RELATIONSHIP TO COAST GUARD.—The
                                               ‘‘(b) CONFIDENTIALITY OF RECORDS.—A med-              quality assurance record of the Department             requirements of this section shall not apply
                                             ical quality assurance record of the Depart-            or testimony be provided for a purpose au-             to any medical quality assurance record of
                                             ment that is created as part of a medical                                                                      the Department that is created by or for the
                                                                                                     thorized by law.
                                             quality assurance program—                                                                                     Coast Guard as part of a medical quality as-
                                                                                                       ‘‘(G) In an administrative or judicial pro-
                                               ‘‘(1) is confidential and privileged; and                                                                    surance program.’’.
                                                                                                     ceeding commenced by a criminal or civil
                                               ‘‘(2) except as provided in subsection (d),                                                                  SEC. 5147. PORTABILITY OF LICENSURE.
                                                                                                     law enforcement agency or instrumentality
                                             may not be disclosed to any person or entity.                                                                    (a) TRANSFER.—Section 16005 of the CARES
                                               ‘‘(c) PROHIBITION ON DISCLOSURE AND TESTI-            described in subparagraph (F), but only with
                                                                                                     respect to the subject of the proceeding.              Act (6 U.S.C. 320 note) is redesignated as sec-
                                             MONY.—Except as otherwise provided in this
                                                                                                       ‘‘(2) PERSONALLY IDENTIFIABLE INFORMA-               tion 2306 of the Homeland Security Act of
                                             section—                                                                                                       2002 and transferred so as to appear after sec-
                                                                                                     TION.—
                                               ‘‘(1) no part of any medical quality assur-                                                                  tion 2305, as added by section 5146 of this sub-
                                             ance record of the Department may be sub-                 ‘‘(A) IN GENERAL.—With the exception of
                                                                                                     the subject of a quality assurance action,             title.
                                             ject to discovery or admitted into evidence                                                                      (b) REPEAL.—Section 2306 of the Homeland
                                             in any judicial or administrative proceeding;           personally identifiable information of any
                                                                                                     person receiving health care services from             Security Act of 2002, as so redesignated by
                                             and                                                                                                            subsection (a), is amended by striking sub-
                                               ‘‘(2) an individual who reviews or creates a          the Department or of any other person asso-
                                                                                                     ciated with the Department for purposes of a           section (c).
                                             medical quality assurance record of the De-                                                                    SEC.    5148.    TECHNICAL AND    CONFORMING
                                             partment or who participates in any pro-                medical quality assurance program that is
                                                                                                                                                                            AMENDMENTS.
                                             ceeding that reviews or creates a medical               disclosed in a medical quality assurance
                                                                                                     record of the Department shall be deleted                The Homeland Security Act of 2002 (6
                                             quality assurance record of the Department                                                                     U.S.C. 101 et seq.) is amended—
                                             may not be permitted or required to testify             from that record before any disclosure of the
                                                                                                     record is made outside the Department.                   (1) in the table of contents in section 1(b)
                                             in any judicial or administrative proceeding                                                                   (Public Law 107–296; 116 Stat. 2135)—
                                             with respect to the record or with respect to             ‘‘(B) APPLICATION.—The requirement under
                                                                                                     subparagraph (A) shall not apply to the re-              (A) by striking the items relating to sec-
                                             any finding, recommendation, evaluation,                                                                       tions 528 and 529 and inserting the following:
                                             opinion, or action taken by that individual             lease of information that is permissible
                                                                                                     under section 552a of title 5, United States           ‘‘Sec. 528. Transfer of equipment during a
                                             in connection with the record.
                                               ‘‘(d) AUTHORIZED DISCLOSURE AND TESTI-                Code (commonly known as the ‘Privacy Act                              public health emergency.’’;
                                             MONY.—                                                  of 1974’).                                               (B) by striking the items relating to sec-
                                               ‘‘(1) IN GENERAL.—Subject to paragraph (2),             ‘‘(e) DISCLOSURE FOR CERTAIN PURPOSES.—              tions 710, 711, 712, and 713 and inserting the
                                             a medical quality assurance record of the De-           Nothing in this section shall be construed—            following:
                                             partment may be disclosed, and a person de-               ‘‘(1) to authorize or require the with-              ‘‘Sec. 710. Employee engagement.
                                             scribed in subsection (c)(2) may give testi-            holding from any person or entity aggregate            ‘‘Sec. 711. Annual employee award program.
                                             mony in connection with the record, only as             statistical information regarding the results          ‘‘Sec. 712. Acquisition professional career
                                             follows:                                                of medical quality assurance programs; or                             program.’’;
                                               ‘‘(A) To a Federal agency or private orga-              ‘‘(2) to authorize the withholding of any              (C) by inserting after the item relating to
                                             nization, if the medical quality assurance              medical quality assurance record of the De-            section 1928 the following:
                                             record of the Department or testimony is                partment from a committee of either House              ‘‘Sec. 1929. Accountability.’’;
                                             needed by the Federal agency or private or-             of Congress, any joint committee of Con-                 (D) by striking the items relating to sub-
                                             ganization to—                                          gress, or the Comptroller General of the               title C of title XIX and sections 1931 and 1932;
                                               ‘‘(i) perform licensing or accreditation              United States if the record pertains to any            and
                                             functions related to Department health care             matter within their respective jurisdictions.            (E) by adding at the end the following:
                                             facilities, a facility affiliated with the De-            ‘‘(f) PROHIBITION ON DISCLOSURE OF INFOR-                ‘‘TITLE XXIII—OFFICE OF HEALTH
                                             partment, or any other location authorized              MATION, RECORD, OR TESTIMONY.—A person or                                 SECURITY




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                                             by the Secretary for the performance of                 entity having possession of or access to a             ‘‘Sec. 2301. Office of Health Security.
                                             health care services; or                                medical quality assurance record of the De-            ‘‘Sec. 2302. Workforce health and safety.
                                               ‘‘(ii) perform monitoring, required by law,           partment or testimony described in this sec-           ‘‘Sec. 2303. Coordination of Department of
                                             of Department health care facilities, a facil-          tion may not disclose the contents of the                             Homeland Security efforts re-
                                             ity affiliated with the Department, or any              record or testimony in any manner or for                              lated to food, agriculture, and
                                             other location authorized by the Secretary              any purpose except as provided in this sec-                           veterinary defense against ter-
                                             for the performance of health care services.            tion.                                                                 rorism.




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                                             S6034                                             CONGRESSIONAL RECORD — SENATE                                                   September 29, 2022
                                             ‘‘Sec. 2304. Medical countermeasures.                   of Representatives on the study conducted                (C) shall contain appropriate materials for
                                             ‘‘Sec. 2305. Confidentiality of medical qual-           under subsection (a), which shall include in-          reference by entities that develop, operate,
                                                             ity assurance records.                  formation on—                                          or maintain commercial satellite systems;
                                             ‘‘Sec. 2306. Portability of licensure.’’;                 (1) efforts of the Federal Government to—              (D) shall contain materials specifically
                                               (2) by redesignating section 529 (6 U.S.C.              (A) address or improve the cybersecurity of          aimed at assisting small business concerns
                                             321r) as section 528;                                   commercial satellite systems; and                      with the secure development, operation, and
                                               (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by       (B) support related efforts with inter-              maintenance of commercial satellite sys-
                                             striking ‘‘section 711(a)’’ and inserting ‘‘sec-        national entities or the private sector;               tems; and
                                             tion 710(a))’’;                                           (2) the resources made available to the                (E) may contain controlled unclassified in-
                                               (4) by redesignating sections 711, 712, and           public by Federal agencies to address cyber-           formation distributed to commercial entities
                                             713 as sections 710, 711, and 712, respectively;        security risks and threats to commercial               through a process determined appropriate by
                                               (5) in subsection (d)(3) of section 1923 (6           satellite systems, including resources made            the Director.
                                             U.S.C. 592), as so redesignated by section 5142         available through the clearinghouse;                     (3) CONTENT MAINTENANCE.—The Director
                                             of this Act—                                              (3) the extent to which commercial sat-              shall maintain current and relevant cyberse-
                                               (A) in the paragraph heading, by striking             ellite systems and the cybersecurity threats           curity information on the clearinghouse.
                                             ‘‘HAWAIIAN NATIVE-SERVING’’ and inserting               to such systems are addressed in Federal and             (4) EXISTING PLATFORM OR WEBSITE.—To the
                                             ‘‘NATIVE HAWAIIAN-SERVING’’; and                        non-Federal critical infrastructure risk anal-         extent practicable, the Director shall estab-
                                               (B) by striking ‘‘Hawaiian native-serving’’           yses and protection plans;                             lish and maintain the clearinghouse using an
                                             and inserting ‘‘ ‘Native Hawaiian-serving’’;              (4) the extent to which Federal agencies             online platform, a website, or a capability in
                                               (6) by striking the subtitle heading for sub-         are reliant on satellite systems owned whol-           existence as of the date of enactment of this
                                             title C of title XIX; and                               ly or in part or controlled by foreign enti-           Act.
                                               (7) in section 2306, as so redesignated by            ties, and how Federal agencies mitigate asso-
                                             section 5147 of this chapter—                           ciated cybersecurity risks;                              (c) CONSOLIDATION OF COMMERCIAL SAT-
                                               (A) by inserting ‘‘PORTABILITY OF LICEN-                (5) the extent to which Federal agencies             ELLITE SYSTEM CYBERSECURITY RECOMMENDA-
                                             SURE.’’ after ‘‘2306.’’; and                            coordinate or duplicate authorities and take           TIONS.—
                                               (B) in subsection (a), by striking ‘‘(a) Not-         other actions focused on the cybersecurity of            (1) IN GENERAL.—The     Director shall con-
                                             withstanding’’ and inserting the following:             commercial satellite systems; and                      solidate    voluntary    cybersecurity     rec-
                                               ‘‘(a) IN GENERAL.—Notwithstanding’’.                    (6) as determined appropriate by the Comp-           ommendations designed to assist in the de-
                                                                                                     troller General of the United States, rec-             velopment, maintenance, and operation of
                                                 Subtitle F—Satellite Cybersecurity Act
                                                                                                     ommendations for further Federal action to             commercial satellite systems.
                                             SEC. 5151. SHORT TITLE.                                 support the cybersecurity of commercial sat-             (2) REQUIREMENTS.—The recommendations
                                               This subtitle may be cited as the ‘‘Sat-              ellite systems, including recommendations              consolidated under paragraph (1) shall in-
                                             ellite Cybersecurity Act’’.                             on information that should be shared                   clude materials appropriate for a public re-
                                             SEC. 5152. DEFINITIONS.                                 through the clearinghouse.                             source addressing the following:
                                                In this subtitle:                                      (c) CONSULTATION.—In carrying out sub-                 (A) Risk-based, cybersecurity-informed en-
                                                (1) CLEARINGHOUSE.—The term ‘‘clearing-              sections (a) and (b), the Comptroller General          gineering, including continuous monitoring
                                             house’’ means the commercial satellite sys-             of the United States shall coordinate with             and resiliency.
                                             tem cybersecurity clearinghouse required to             appropriate Federal agencies and organiza-               (B) Planning for retention or recovery of
                                             be developed and maintained under section               tions, including—                                      positive control of commercial satellite sys-
                                             5154(b)(1).                                               (1) the Department of Homeland Security;             tems in the event of a cybersecurity inci-
                                                (2) COMMERCIAL SATELLITE SYSTEM.—The                   (2) the Department of Commerce;                      dent.
                                             term ‘‘commercial satellite system’’—                     (3) the Department of Defense;                         (C) Protection against unauthorized access
                                                (A) means a system that—                               (4) the Department of Transportation;                to vital commercial satellite system func-
                                                (i) is owned or operated by a non-Federal              (5) the Federal Communications Commis-               tions.
                                             entity based in the United States; and                  sion;                                                    (D) Physical protection measures designed
                                                (ii) is composed of not less than 1 earth              (6) the National Aeronautics and Space Ad-           to reduce the vulnerabilities of a commercial
                                             satellite; and                                          ministration;                                          satellite system’s command, control, and te-
                                                (B) includes—                                          (7) the National Executive Committee for             lemetry receiver systems.
                                                (i) any ground support infrastructure for            Space-Based Positioning, Navigation, and                 (E) Protection against jamming, eaves-
                                             each satellite in the system; and                       Timing; and                                            dropping, hijacking, computer network ex-
                                                (ii) any transmission link among and be-               (8) the National Space Council.                      ploitation, spoofing, threats to optical sat-
                                                                                                       (d) BRIEFING.—Not later than 2 years after           ellite communications, and electromagnetic
                                             tween any satellite in the system and any
                                                                                                     the date of enactment of this Act, the Comp-           pulse.
                                             ground support infrastructure in the system.
                                                                                                     troller General of the United States shall               (F) Security against threats throughout a
                                                (3) CRITICAL INFRASTRUCTURE.—The term
                                                                                                     provide a briefing to the appropriate con-             commercial satellite system’s mission life-
                                             ‘‘critical infrastructure’’ has the meaning
                                                                                                     gressional committees on the study con-                time.
                                             given the term in subsection (e) of the Crit-
                                                                                                     ducted under subsection (a).                             (G) Management of supply chain risks that
                                             ical Infrastructure Protection Act of 2001 (42
                                                                                                       (e) CLASSIFICATION.—The report made                  affect the cybersecurity of commercial sat-
                                             U.S.C. 5195c(e)).
                                                                                                     under subsection (b) shall be unclassified but         ellite systems.
                                                (4) CYBERSECURITY RISK.—The term ‘‘cyber-
                                                                                                     may include a classified annex.                          (H) Protection against vulnerabilities
                                             security risk’’ has the meaning given the
                                                                                                     SEC. 5154. RESPONSIBILITIES OF THE CYBERSE-            posed by ownership of commercial satellite
                                             term in section 2200 of the Homeland Secu-
                                                                                                                 CURITY AND INFRASTRUCTURE SE-
                                             rity Act of 2002, as added by section 5194 of                                                                  systems or commercial satellite system com-
                                                                                                                 CURITY AGENCY.
                                             this Act.                                                                                                      panies by foreign entities.
                                                                                                       (a) DEFINITIONS.—In this section:                      (I) Protection against vulnerabilities posed
                                                (5) CYBERSECURITY THREAT.—The term ‘‘cy-               (1) DIRECTOR.—The term ‘‘Director’’ means
                                             bersecurity threat’’ has the meaning given                                                                     by locating physical infrastructure, such as
                                                                                                     the Director of the Cybersecurity and Infra-           satellite ground control systems, in foreign
                                             the term in section 2200 of the Homeland Se-            structure Security Agency.
                                             curity Act of 2002, as added by section 5194 of                                                                countries.
                                                                                                        (2) SMALL BUSINESS CONCERN.—The term                  (J) As appropriate, and as applicable pursu-
                                             this Act.                                               ‘‘small business concern’’ has the meaning
                                             SEC. 5153. REPORT ON COMMERCIAL SATELLITE                                                                      ant to the maintenance requirement under
                                                                                                     given the term in section 3 of the Small               subsection (b)(3), relevant findings and rec-
                                                         CYBERSECURITY.
                                                                                                     Business Act (15 U.S.C. 632).                          ommendations from the study conducted by
                                               (a) STUDY.—The Comptroller General of                    (b) ESTABLISHMENT OF COMMERCIAL SAT-
                                             the United States shall conduct a study on                                                                     the Comptroller General of the United States
                                                                                                     ELLITE SYSTEM CYBERSECURITY CLEARING-
                                             the actions the Federal Government has                                                                         under section 5153(a).
                                                                                                     HOUSE.—
                                             taken to support the cybersecurity of com-                                                                       (K) Any other recommendations to ensure
                                                                                                        (1) IN GENERAL.—Subject to the avail-
                                             mercial satellite systems, including as part                                                                   the confidentiality, availability, and integ-
                                                                                                     ability of appropriations, not later than 180
                                             of any action to address the cybersecurity of                                                                  rity of data residing on or in transit through
                                                                                                     days after the date of enactment of this Act,
                                                                                                                                                            commercial satellite systems.
                                             critical infrastructure sectors.                        the Director shall develop and maintain a
                                               (b) REPORT.—Not later than 2 years after              commercial satellite system cybersecurity                (d) IMPLEMENTATION.—In implementing
                                             the date of enactment of this Act, the Comp-            clearinghouse.                                         this section, the Director shall—




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                                             troller General of the United States shall re-             (2) REQUIREMENTS.—The clearinghouse—                  (1) to the extent practicable, carry out the
                                             port to the Committee on Homeland Secu-                    (A) shall be publicly available online;             implementation in partnership with the pri-
                                             rity and Governmental Affairs and the Com-                 (B) shall contain publicly available com-           vate sector;
                                             mittee on Commerce, Science, and Transpor-              mercial satellite system cybersecurity re-               (2) coordinate with—
                                             tation of the Senate and the Committee on               sources, including the voluntary rec-                    (A) the National Space Council and the
                                             Homeland Security and the Committee on                  ommendations consolidated under sub-                   head of any other agency determined appro-
                                             Space, Science, and Technology of the House             section (c)(1);                                        priate by the National Space Council; and




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                                             September 29, 2022                                CONGRESSIONAL RECORD — SENATE                                                                      S6035
                                               (B) the heads of appropriate Federal agen-              (2) the term ‘‘Department’’ means the De-             physical and online security measures to
                                             cies with expertise and experience in sat-              partment of Homeland Security;                          identify and prevent safety and security
                                             ellite operations, including the entities de-             (3) the terms ‘‘faith-based organization’’            risks.
                                             scribed in section 5153(c) to enable the align-         and ‘‘house of worship’’ have the meanings                ‘‘(c) CLEARINGHOUSE CONTENTS.—
                                             ment of Federal efforts on commercial sat-              given such terms under section 2220E of the               ‘‘(1) EVIDENCE-BASED TIERS.—
                                             ellite system cybersecurity and, to the ex-             Homeland Security Act of 2002, as added by
                                                                                                                                                               ‘‘(A) IN GENERAL.—The Secretary, in con-
                                             tent practicable, consistency in Federal rec-           section 5163 of this subtitle; and
                                                                                                                                                             sultation with the Attorney General, the Ex-
                                             ommendations relating to commercial sat-                  (4) the term ‘‘Secretary’’ means the Sec-
                                                                                                                                                             ecutive Director of the White House Office of
                                             ellite system cybersecurity; and                        retary of Homeland Security.
                                                                                                                                                             Faith-Based and Neighborhood Partnerships,
                                               (3) consult with non-Federal entities devel-          SEC. 5163. FEDERAL CLEARINGHOUSE ON SAFETY
                                                                                                                  AND SECURITY BEST PRACTICES
                                                                                                                                                             and the head of any other agency that the
                                             oping commercial satellite systems or other-
                                                                                                                  FOR FAITH-BASED ORGANIZATIONS              Secretary determines appropriate, shall de-
                                             wise supporting the cybersecurity of com-
                                                                                                                  AND HOUSES OF WORSHIP.                     velop tiers for determining evidence-based
                                             mercial satellite systems, including private,
                                                                                                       (a) IN GENERAL.—Subtitle A of title XXII of           practices that demonstrate a significant ef-
                                             consensus organizations that develop rel-
                                                                                                     the Homeland Security Act of 2002 (6 U.S.C.             fect on improving safety or security, or both,
                                             evant standards.
                                               (e) SUNSET AND REPORT.—                               651 et seq.) is amended by adding at the end            for faith-based organizations and houses of
                                               (1) IN GENERAL.—This section shall cease to           the following:                                          worship.
                                             have force or effect on the date that is 7              ‘‘SEC.     2220E. FEDERAL CLEARINGHOUSE ON                ‘‘(B) REQUIREMENTS.—The tiers required to
                                             years after the date of the enactment of this                           SAFETY AND SECURITY BEST PRAC-          be developed under subparagraph (A) shall—
                                                                                                                     TICES FOR FAITH-BASED ORGANIZA-           ‘‘(i) prioritize—
                                             Act.                                                                    TIONS AND HOUSES OF WORSHIP.
                                               (2) REPORT.—Not later than 6 years after                                                                        ‘‘(I) strong evidence from not less than 1
                                                                                                          ‘‘(a) DEFINITIONS.—In this section—                well-designed and well-implemented experi-
                                             the date of enactment of this Act, the Direc-
                                                                                                       ‘‘(1) the term ‘Clearinghouse’ means the              mental study; and
                                             tor shall submit to the Committee on Home-
                                                                                                     Clearinghouse on Safety and Security Best                 ‘‘(II) moderate evidence from not less than
                                             land Security and Governmental Affairs and
                                                                                                     Practices for Faith-Based Organizations and             1 well-designed and well-implemented quasi-
                                             the Committee on Commerce, Science, and
                                                                                                     Houses of Worship established under sub-                experimental study; and
                                             Transportation of the Senate and the Com-
                                                                                                     section (b)(1);                                           ‘‘(ii) consider promising evidence that
                                             mittee on Homeland Security and the Com-
                                                                                                       ‘‘(2) the term ‘faith-based organization’             demonstrates a rationale based on high-qual-
                                             mittee on Space, Science, and Technology of
                                                                                                     means a group, center, or nongovernmental               ity research findings or positive evaluations
                                             the House of Representatives a report sum-
                                                                                                     organization with a religious, ideological, or          that such activity, strategy, or intervention
                                             marizing—
                                                                                                     spiritual motivation, character, affiliation,           is likely to improve security and promote
                                               (A) any partnership with the private sector
                                                                                                     or purpose;                                             safety for faith-based organizations and
                                             described in subsection (d)(1);
                                                                                                       ‘‘(3) the term ‘house of worship’ means a             houses of worship.
                                               (B) any consultation with a non-Federal
                                                                                                     place or building, including synagogues,                  ‘‘(2) CRITERIA FOR BEST PRACTICES AND REC-
                                             entity described in subsection (d)(3);
                                                                                                     mosques, temples, and churches, in which
                                               (C) the coordination carried out pursuant                                                                     OMMENDATIONS.—The best practices and rec-
                                                                                                     congregants practice their religious or spir-
                                             to subsection (d)(2);                                                                                           ommendations of the Clearinghouse shall, at
                                                                                                     itual beliefs; and
                                               (D) the establishment and maintenance of                                                                      a minimum—
                                                                                                       ‘‘(4) the term ‘safety and security’, for the
                                             the clearinghouse pursuant to subsection (b);                                                                     ‘‘(A) identify areas of concern for faith-
                                                                                                     purpose of the Clearinghouse, means preven-
                                               (E) the recommendations consolidated pur-                                                                     based organizations and houses of worship,
                                                                                                     tion of, protection against, or recovery from
                                             suant to subsection (c)(1); and                                                                                 including event planning recommendations,
                                                                                                     threats, including manmade disasters, nat-
                                               (F) any feedback received by the Director                                                                     checklists, facility hardening, tabletop exer-
                                                                                                     ural disasters, or violent attacks.
                                             on the clearinghouse from non-Federal enti-               ‘‘(b) ESTABLISHMENT.—                                 cise resources, and other resilience meas-
                                             ties.                                                     ‘‘(1) IN GENERAL.—Not later than 270 days             ures;
                                             SEC. 5155. STRATEGY.                                    after the date of enactment of the Pray Safe              ‘‘(B) involve comprehensive safety meas-
                                               Not later than 120 days after the date of             Act, the Secretary, in consultation with the            ures, including threat prevention, prepared-
                                             the enactment of this Act, the National                 Attorney General, the Executive Director of             ness, protection, mitigation, incident re-
                                             Space Council, in coordination with the Di-             the White House Office of Faith-Based and               sponse, and recovery to improve the safety
                                             rector of the Office of Space Commerce and              Neighborhood Partnerships, and the head of              posture of faith-based organizations and
                                             the heads of other relevant agencies, shall             any other agency that the Secretary deter-              houses of worship upon implementation;
                                             submit to the Committee on Commerce,                    mines appropriate, shall establish a Federal              ‘‘(C) involve comprehensive safety meas-
                                             Science, and Transportation and the Com-                Clearinghouse on Safety and Security Best               ures, including preparedness, protection,
                                             mittee on Homeland Security and Govern-                 Practices for Faith-Based Organizations and             mitigation, incident response, and recovery
                                             mental Affairs of the Senate and the Com-               Houses of Worship within the Department.                to improve the resiliency of faith-based orga-
                                             mittee on Space, Science, and Technology                  ‘‘(2) PURPOSE.—The Clearinghouse shall be             nizations and houses of worship from man-
                                             and the Committee on Homeland Security of               the primary resource of the Federal Govern-             made and natural disasters;
                                             the House of Representatives a strategy for             ment—                                                     ‘‘(D) include any evidence or research ra-
                                             the activities of Federal agencies to address             ‘‘(A) to educate and publish online best              tionale supporting the determination of the
                                             and improve the cybersecurity of commer-                practices and recommendations for safety                Clearinghouse that the best practices or rec-
                                             cial satellite systems, which shall include an          and security for faith-based organizations              ommendations under subparagraph (B) have
                                             identification of—                                      and houses of worship; and                              been shown to have a significant effect on
                                               (1) proposed roles and responsibilities for             ‘‘(B) to provide information relating to              improving the safety and security of individ-
                                             relevant agencies; and                                  Federal grant programs available to faith-              uals in faith-based organizations and houses
                                               (2) as applicable, the extent to which cy-            based organizations and houses of worship.              of worship, including—
                                             bersecurity threats to such systems are ad-               ‘‘(3) PERSONNEL.—                                       ‘‘(i) findings and data from previous Fed-
                                             dressed in Federal and non-Federal critical               ‘‘(A) ASSIGNMENTS.—The Clearinghouse                  eral, State, local, Tribal, territorial, private
                                             infrastructure risk analyses and protection             shall be assigned such personnel and re-                sector, and nongovernmental organization
                                             plans.                                                  sources as the Secretary considers appro-               research centers relating to safety, security,
                                             SEC. 5156. RULES OF CONSTRUCTION.                                                                               and targeted violence at faith-based organi-
                                                                                                     priate to carry out this section.
                                               Nothing in this subtitle shall be construed             ‘‘(B) DETAILEES.—The Secretary may co-                zations and houses of worship; and
                                             to—                                                     ordinate detailees as required for the Clear-             ‘‘(ii) other supportive evidence or findings
                                               (1) designate commercial satellite systems            inghouse.                                               relied upon by the Clearinghouse in deter-
                                             or other space assets as a critical infrastruc-           ‘‘(C) DESIGNATED POINT OF CONTACT.—There              mining best practices and recommendations
                                             ture sector; or                                         shall be not less than 1 employee assigned or           to improve the safety and security posture of
                                               (2) infringe upon or alter the authorities of         detailed to the Clearinghouse who shall be              a faith-based organization or house of wor-
                                             the agencies described in section 5153(c).              the designated point of contact to provide in-          ship upon implementation; and
                                                        Subtitle G—Pray Safe Act                     formation and assistance to faith-based orga-             ‘‘(E) include an overview of the available
                                             SEC. 5161. SHORT TITLE.                                 nizations and houses of worship, including              resources the Clearinghouse can provide for
                                              This subtitle may be cited as the ‘‘Pray               assistance relating to the grant program es-            faith-based organizations and houses of wor-
                                             Safe Act’’.                                             tablished under section 5165 of the Pray Safe           ship.
                                             SEC. 5162. DEFINITIONS.                                 Act. The contact information of the des-                  ‘‘(3) ADDITIONAL INFORMATION.—The Clear-




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                                               In this subtitle—                                     ignated point of contact shall be made avail-           inghouse shall maintain and make available
                                               (1) the term ‘‘Clearinghouse’’ means the              able on the website of the Clearinghouse.               a comprehensive index of all Federal grant
                                             Federal Clearinghouse on Safety Best Prac-                ‘‘(D) QUALIFICATION.—To the maximum ex-               programs for which faith-based organizations
                                             tices for Faith-Based Organizations and                 tent possible, any personnel assigned or de-            and houses of worship are eligible, which
                                             Houses of Worship established under section             tailed to the Clearinghouse under this para-            shall include the performance metrics for
                                             2220E of the Homeland Security Act of 2002,             graph should be familiar with faith-based or-           each grant management that the recipient
                                             as added by section 5163 of this subtitle;              ganizations and houses of worship and with              will be required to provide.




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                                             S6036                                             CONGRESSIONAL RECORD — SENATE                                                   September 29, 2022
                                               ‘‘(4) PAST RECOMMENDATIONS.—To the                    houses of worship, as determined appropriate           tion to connect houses of worship with Pro-
                                             greatest extent practicable, the Clearing-              by the Secretary;                                      tective Security Advisors;
                                             house shall identify and present, as appro-               (4) every Federal Bureau of Investigation              (3) contact information for all Department
                                             priate, best practices and recommendations              Joint Terrorism Task Force;                            Fusion Centers, listed by State;
                                             issued by Federal, State, local, Tribal, terri-           (5) every Homeland Security Fusion Cen-                (4) information on the If you See Some-
                                             torial, private sector, and nongovernmental             ter;                                                   thing Say Something Campaign of the De-
                                             organizations relevant to the safety and se-              (6) every State or territorial Governor or           partment; and
                                             curity of faith-based organizations and                 other chief executive;                                   (5) any other appropriate contacts.
                                             houses of worship.                                        (7) the Committee on Homeland Security               SEC. 5167. RULE OF CONSTRUCTION.
                                               ‘‘(d) ASSISTANCE AND TRAINING.—The Sec-               and Governmental Affairs and the Com-                    Nothing in this subtitle or the amend-
                                             retary may produce and publish materials on             mittee on the Judiciary of the Senate; and             ments made by this subtitle shall be con-
                                             the Clearinghouse to assist and train faith-              (8) the Committee on Homeland Security               strued to create, satisfy, or waive any re-
                                             based organizations, houses of worship, and             and the Committee on the Judiciary of the              quirement under Federal civil rights laws,
                                             law enforcement agencies on the implemen-               House of Representatives.                              including—
                                             tation of the best practices and rec-                   SEC. 5165. GRANT PROGRAM OVERVIEW.                       (1) title II of the Americans With Disabil-
                                             ommendations.                                             (a) DHS GRANTS AND RESOURCES.—The Sec-               ities Act of 1990 (42 U.S.C. 12131 et seq.); or
                                               ‘‘(e) CONTINUOUS IMPROVEMENT.—                        retary shall include a grants program over-              (2) title VI of the Civil Rights Act of 1964
                                               ‘‘(1) IN GENERAL.—The Secretary shall—                view on the website of the Clearinghouse               (42 U.S.C. 2000d et seq.).
                                               ‘‘(A) collect for the purpose of continuous           that shall—                                            SEC. 5168. EXEMPTION.
                                             improvement of the Clearinghouse—                         (1) be the primary location for all informa-           Chapter 35 of title 44, United States Code
                                               ‘‘(i) Clearinghouse data analytics;                   tion regarding Department grant programs               (commonly known as the ‘‘Paperwork Reduc-
                                               ‘‘(ii) user feedback on the implementation            that are open to faith-based organizations             tion Act’’) shall not apply to any rulemaking
                                             of resources, best practices, and rec-                  and houses of worship;                                 or information collection required under this
                                             ommendations identified by the Clearing-                  (2) directly link to each grant application          subtitle or under section 2220E of the Home-
                                             house; and                                              and any applicable user guides;                        land Security Act of 2002, as added by section
                                               ‘‘(iii) any evaluations conducted on imple-             (3) identify all safety and security home-           5163 of this subtitle.
                                             mentation of the best practices and rec-                land security assistance programs managed
                                                                                                                                                               Subtitle H—Invent Here, Make Here for
                                             ommendations of the Clearinghouse; and                  by the Department that may be used to im-
                                                                                                                                                                         Homeland Security Act
                                               ‘‘(B) in coordination with the Faith-Based            plement best practices and recommendation
                                                                                                                                                            SEC. 5171. SHORT TITLE.
                                             Security Advisory Council of the Depart-                of the Clearinghouse;
                                                                                                       (4) annually, and concurrent with the ap-             This subtitle may be cited as the ‘‘Invent
                                             ment, the Department of Justice, the Execu-
                                                                                                     plication period for any grant identified              Here, Make Here for Homeland Security
                                             tive Director of the White House Office of
                                                                                                     under paragraph (1), provide information re-           Act’’.
                                             Faith-Based and Neighborhood Partnerships,
                                                                                                     lated to the required elements of grant appli-         SEC. 5172. PREFERENCE FOR UNITED STATES IN-
                                             and any other agency that the Secretary de-                                                                                DUSTRY.
                                             termines appropriate—                                   cations to aid smaller faith based organiza-
                                                                                                     tions and houses of worship in earning access            Section 308 of the Homeland Security Act
                                               ‘‘(i) assess and identify Clearinghouse best
                                                                                                     to Federal grants; and                                 of 2002 (6 U.S.C. 188) is amended by adding at
                                             practices and recommendations for which
                                                                                                       (5) provide frequently asked questions and           the end the following:
                                             there are no resources available through                                                                         ‘‘(d) PREFERENCE FOR UNITED STATES IN-
                                             Federal Government programs for implemen-               answers for the implementation of best prac-
                                                                                                                                                            DUSTRY.—
                                             tation;                                                 tices and recommendations of the Clearing-
                                                                                                                                                              ‘‘(1) DEFINITIONS.—In this subsection:
                                               ‘‘(ii) provide feedback on the implementa-            house and best practices for applying for a
                                                                                                                                                              ‘‘(A) COUNTRY OF CONCERN.—The term
                                             tion of best practices and recommendations              grant identified under paragraph (1).
                                                                                                       (b) OTHER FEDERAL GRANTS AND RE-                     ‘country of concern’ means a country that—
                                             of the Clearinghouse; and                                                                                        ‘‘(i) is a covered nation, as that term is de-
                                               ‘‘(iii) propose additional recommendations            SOURCES.—Each       Federal agency notified
                                                                                                     under section 5164(3) shall provide necessary          fined in section 4872(d) of title 10, United
                                             for best practices for inclusion in the Clear-                                                                 States Code; or
                                             inghouse; and                                           information on any Federal grant programs
                                                                                                     or resources of the Federal agency that are              ‘‘(ii) the Secretary determines is engaged
                                               ‘‘(C) not less frequently than annually, ex-                                                                 in conduct that is detrimental to the na-
                                             amine and update the Clearinghouse in ac-               available for faith-based organizations and
                                                                                                     houses of worship to the Secretary or the ap-          tional security of the United States.
                                             cordance with—                                                                                                   ‘‘(B) FUNDING AGREEMENT; NONPROFIT ORGA-
                                               ‘‘(i) the information collected under sub-            propriate point of contact for the Clearing-
                                                                                                     house.                                                 NIZATION; SUBJECT INVENTION.—The terms
                                             paragraph (A); and                                                                                             ‘funding agreement’, ‘nonprofit organiza-
                                                                                                       (c) STATE GRANTS AND RESOURCES.—
                                               ‘‘(ii) the recommendations proposed under                                                                    tion’, and ‘subject invention’ have the mean-
                                                                                                       (1) IN GENERAL.—Any State notified under
                                             subparagraph (B)(iii).                                                                                         ings given those terms in section 201 of title
                                                                                                     paragraph (1), (2), or (6) of section 5164 may
                                               ‘‘(2) ANNUAL REPORT TO CONGRESS.—The                                                                         35, United States Code.
                                                                                                     provide necessary information on any grant
                                             Secretary shall submit to Congress, on an                                                                        ‘‘(C) MANUFACTURED SUBSTANTIALLY IN THE
                                                                                                     programs or resources of the State available
                                             annual basis, a report on the updates made                                                                     UNITED STATES.—The term ‘manufactured
                                                                                                     for faith-based organizations and houses of
                                             to the Clearinghouse during the preceding 1-                                                                   substantially in the United States’ means
                                                                                                     worship to the Secretary or the appropriate
                                             year period under paragraph (1)(C), which                                                                      manufactured substantially from all arti-
                                                                                                     point of contact for the Clearinghouse.
                                             shall include a description of any changes                                                                     cles, materials, or supplies mined, produced,
                                                                                                       (2) IDENTIFICATION OF RESOURCES.—The
                                             made to the Clearinghouse.’’.                                                                                  or manufactured in the United States.
                                                                                                     Clearinghouse shall, to the extent prac-
                                               (b) TECHNICAL AMENDMENT.—The table of                                                                          ‘‘(D) RELEVANT CONGRESSIONAL COMMIT-
                                                                                                     ticable, identify, for each State—
                                             contents in section 1(b) of the Homeland Se-                                                                   TEES.—The term ‘relevant congressional
                                                                                                       (A) each agency responsible for safety for
                                             curity Act of 2002 (Public Law 107–296; 116                                                                    committees’ means—
                                                                                                     faith-based organizations and houses of wor-
                                             Stat. 2135) is amended—                                                                                          ‘‘(i) the Committee on Homeland Security
                                                                                                     ship in the State, or any State that does not
                                               (1) by moving the item relating to section                                                                   and Governmental Affairs of the Senate; and
                                                                                                     have such an agency designated;
                                             2220D to appear after the item relating to                                                                       ‘‘(ii) the Committee on Homeland Security
                                                                                                       (B) any grant program that may be used
                                             section 2220C; and                                                                                             of the House of Representatives.
                                                                                                     for the purposes of implementing best prac-
                                               (2) by inserting after the item relating to                                                                    ‘‘(2) PREFERENCE.—Subject to the other
                                                                                                     tices and recommendations of the Clearing-
                                             section 2220D the following:                                                                                   provisions of this subsection, no firm or non-
                                                                                                     house; and
                                             ‘‘Sec. 2220E. Federal Clearinghouse on Safe-              (C) any resources or programs, including             profit organization which receives title to
                                                            ty Best Practices for Faith-             community prevention or intervention ef-               any subject invention developed under a
                                                            Based Organizations and Houses           forts, that may be used to assist in targeted          funding agreement entered into with the De-
                                                            of Worship.’’.                           violence and terrorism prevention.                     partment and no assignee of any such firm or
                                             SEC. 5164. NOTIFICATION OF CLEARINGHOUSE.               SEC. 5166. OTHER RESOURCES.                            nonprofit organization shall grant the exclu-
                                               The Secretary shall provide written notifi-             The Secretary shall, on the website of the           sive right to use or sell any subject inven-
                                             cation of the establishment of the Clearing-            Clearinghouse, include a separate section for          tion unless the products embodying the sub-
                                             house, with an overview of the resources re-            other resources that shall provide a central-          ject invention or produced through the use of
                                             quired as described in section 2220E of the             ized list of all available points of contact to        the subject invention will be manufactured
                                             Homeland Security Act of 2002, as added by              seek assistance in grant applications and in           substantially in the United States.
                                             section 5163 of this subtitle, and section 5165         carrying out the best practices and rec-                 ‘‘(3) WAIVERS.—




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                                             of this subtitle, to—                                   ommendations of the Clearinghouse, includ-               ‘‘(A) IN GENERAL.—Subject to subparagraph
                                               (1) every State homeland security advisor;            ing—                                                   (B), in individual cases, the requirement for
                                               (2) every State department of homeland se-              (1) a list of contact information to reach           an agreement described in paragraph (2) may
                                             curity;                                                 Department personnel to assist with grant-             be waived by the Secretary upon a showing
                                               (3) other Federal agencies with grant pro-            related questions;                                     by the firm, nonprofit organization, or as-
                                             grams or initiatives that aid in the safety               (2) the applicable Cybersecurity and Infra-          signee that reasonable but unsuccessful ef-
                                             and security of faith-based organizations and           structure Security Agency contact informa-             forts have been made to grant licenses on




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                                             September 29, 2022                                 CONGRESSIONAL RECORD — SENATE                                                                     S6037
                                             similar terms to potential licensees that                   ‘‘(II) a description of the methodology used          (5) RELEVANT          CONGRESSIONAL   COMMIT-
                                             would be likely to manufacture substantially             to establish those metrics and any limita-             TEES.—The term          ‘‘relevant congressional
                                             in the United States or that under the cir-              tions with respect to data or information              committees’’ means—
                                             cumstances domestic manufacture is not                   used to assess performance;’’;                            (A) the Committee on Homeland Security
                                             commercially feasible.                                      (C) in subparagraph (B)—                            and Governmental Affairs of the Senate;
                                               ‘‘(B) CONDITIONS ON WAIVERS GRANTED BY                    (i) by striking ‘‘enactment of this section’’          (B) the Committee on Homeland Security
                                             DEPARTMENT.—                                             and insert ‘‘enactment of the DHS Joint                and the Committee on Oversight and Reform
                                               ‘‘(i) BEFORE GRANT OF WAIVER.—Before                   Task Forces Reauthorization Act of 2022’’;             of the House of Representatives;
                                             granting a waiver under subparagraph (A),                   (ii) by inserting ‘‘strategy and’’ after ‘‘Sen-        (C) the Committee on Commerce, Science,
                                             the Secretary shall—                                     ate the’’; and                                         and Transportation of the Senate;
                                               ‘‘(I) consult with the relevant congres-                  (iii) by striking the period at the end and            (D) the Committee on Science, Space, and
                                             sional committees regarding the decision of              inserting ‘‘; and’’; and                               Technology of the House of Representatives;
                                             the Secretary to grant the waiver; and                      (D) by striking subparagraph (C) and in-               (E) the Committee on the Judiciary of the
                                               ‘‘(II) comply with the procedures developed            serting the following:                                 Senate; and
                                             and implemented pursuant to section                         ‘‘(C) beginning not later than 1 year after            (F) the Committee on the Judiciary of the
                                             70923(b)(2) of the Build America, Buy Amer-              the date of enactment of the DHS Joint Task            House of Representatives.
                                             ica Act (subtitle A of title IX of division G of         Forces Reauthorization Act of 2022, submit                (6) SECRETARY.—The term ‘‘Secretary’’
                                             Public Law 117–58).                                      annually to each committee specified in sub-           means the Secretary of Homeland Security.
                                               ‘‘(ii) PROHIBITION ON GRANTING CERTAIN                 paragraph (B) a report that—                              (7) TASK FORCE.—The term ‘‘Task Force’’
                                             WAIVERS.—The Secretary may not grant a                      ‘‘(i) contains the evaluation described in          means the National Deepfake and Prove-
                                             waiver under subparagraph (A) if, as a result            subparagraphs (A) and (B); and                         nance Task Force established under sub-
                                             of the waiver, products embodying the appli-                ‘‘(ii) outlines the progress in implementing        section (b)(1).
                                             cable subject invention, or produced through             outcome-based        and     other   performance          (b) ESTABLISHMENT OF TASK FORCE.—
                                             the use of the applicable subject invention,             metrics referred to in subparagraph (A)(ii).’’;           (1) ESTABLISHMENT.—The Secretary, in co-
                                             will be manufactured substantially in a                     (3) in paragraph (11)(A), by striking the pe-       ordination with the Administrator of the Na-
                                             country of concern.’’.                                   riod at the end and inserting the following:           tional Telecommunications and Information
                                                                                                      ‘‘, which shall include—                               Administration, shall establish a task force,
                                                    Subtitle I—DHS Joint Task Forces                                                                         to be known as ‘‘the National Deepfake
                                                              Reauthorization                            ‘‘(i) the justification, focus, and mission of
                                                                                                                                                             Provenance Task Force’’, to—
                                             SEC. 5181. SHORT TITLE.                                  the Joint Task Force; and
                                                                                                                                                                (A) investigate the feasibility of, and ob-
                                               This subtitle may be cited as the ‘‘DHS                   ‘‘(ii) a strategy for the conduct of the Joint
                                                                                                                                                             stacles to, developing and deploying stand-
                                             Joint Task Forces Reauthorization Act of                 Task Force, including goals and performance
                                                                                                                                                             ards and technologies for determining digital
                                             2022’’.                                                  metrics for the Joint Task Force.’’;
                                                                                                                                                             content provenance;
                                             SEC. 5182. SENSE OF THE SENATE.                             (4) in paragraph (12)—
                                                                                                                                                                (B) propose policy changes to reduce the
                                               It is the sense of the Senate that the De-                (A) in subparagraph (A), by striking ‘‘Jan-
                                                                                                                                                             proliferation and impact of digital content
                                             partment of Homeland Security should con-                uary 31, 2018, and January 31, 2021, the In-
                                                                                                                                                             forgeries, such as the adoption of digital con-
                                             sider using the authority under subsection               spector General of the Department’’ and in-
                                                                                                                                                             tent provenance and technology standards;
                                             (b) of section 708 of the Homeland Security              serting ‘‘1 year after the date of enactment
                                                                                                                                                                (C) serve as a formal mechanism for inter-
                                             Act of 2002 (6 U.S.C. 348(b)) to create a Joint          of the DHS Joint Task Forces Reauthoriza-              agency coordination and information sharing
                                             Task Force described in such subsection to               tion Act of 2022, the Comptroller General of           to facilitate the creation and implementa-
                                             improve coordination and response to the                 the United States’’; and                               tion of a national strategy to address the
                                             number of encounters and amount of seizures                 (B) in subparagraph (B), by striking                growing threats posed by digital content for-
                                             of illicit narcotics along the southwest bor-            clauses (i) and (ii) and inserting the fol-            geries; and
                                             der.                                                     lowing:                                                   (D) investigate existing digital content for-
                                             SEC.   5183.   AMENDING SECTION 708 OF THE                  ‘‘(i) an assessment of the structure of each        gery generation technologies, potential de-
                                                            HOMELAND SECURITY ACT OF 2002.            Joint Task Force;                                      tection methods, and disinformation mitiga-
                                               Section 708(b) of the Homeland Security                   ‘‘(ii) an assessment of the effectiveness of        tion solutions.
                                             Act of 2002 (6 U.S.C. 348(b)) is amended—                oversight over each Joint Task Force;                     (2) MEMBERSHIP.—
                                               (1) by striking paragraph (8) and inserting               ‘‘(iii) an assessment of the strategy of each          (A) CHAIRPERSON.—The Secretary, or a des-
                                             the following:                                           Joint Task Force; and                                  ignee of the Secretary, shall serve as chair-
                                               ‘‘(8) JOINT TASK FORCE STAFF.—                            ‘‘(iv) an assessment of staffing levels and         person of the Task Force.
                                               ‘‘(A) IN GENERAL.—Each Joint Task Force                resources of each Joint Task Force.’’; and                (B) COMPOSITION.—The Task Force shall be
                                             shall have a staff, composed of officials from              (5) in paragraph (13), by striking ‘‘2022’’ and     composed of not fewer than 13 members, of
                                             relevant components and offices of the De-               inserting ‘‘2024’’.                                    whom—
                                             partment, to assist the Director of that                           Subtitle J—Other Provisions                     (i) not fewer than 5 shall be representatives
                                             Joint Task Force in carrying out the mission                                                                    from the Federal Government, including the
                                             and responsibilities of that Joint Task                       CHAPTER 1—DEEPFAKE TASK FORCE                     chairperson of the Task Force, the Director
                                             Force.                                                   SEC. 5191 SHORT TITLE.                                 of the National Institute of Standards and
                                               ‘‘(B) REPORT.—The Secretary shall include                                                                     Technology, and the Administrator of the
                                                                                                        This chapter may be cited                 as   the
                                             in the report submitted under paragraph                                                                         National Telecommunications and Informa-
                                                                                                      ‘‘Deepfake Task Force Act’’.
                                             (6)(F)—                                                                                                         tion Administration;
                                               ‘‘(i) the number of personnel permanently              SEC. 5192. NATIONAL DEEPFAKE AND DIGITAL                  (ii) not fewer than 4 shall be representa-
                                             assigned to each Joint Task Force by each                            PROVENANCE TASK FORCE.                     tives from institutions of higher education;
                                             component and office; and                                   (a) DEFINITIONS.—In this section:                   and
                                               ‘‘(ii) the number of personnel assigned on a              (1) DIGITAL CONTENT FORGERY.—The term                  (iii) not fewer than 4 shall be representa-
                                             temporary basis to each Joint Task Force by              ‘‘digital content forgery’’ means audio, vis-          tives from private or nonprofit organiza-
                                             each component and office.’’;                            ual, or text content fabricated or manipu-             tions.
                                               (2) in paragraph (9)—                                  lated with the intent to mislead and be indis-            (C) APPOINTMENT.—Not later than 120 days
                                               (A) in the heading, by inserting ‘‘STRATEGY            tinguishable from reality, created through             after the date of enactment of this Act, the
                                             AND OF’’ after ‘‘ESTABLISHMENT OF’’;                     the use of technologies, including those that          chairperson of the Task Force shall appoint
                                               (B) by striking subparagraph (A) and in-               apply artificial intelligence techniques such          members to the Task Force in accordance
                                             serting the following:                                   as generative adversarial networks.                    with subparagraph (B) from among technical
                                               ‘‘(A) using leading practices in perform-                 (2) DIGITAL CONTENT PROVENANCE.—The                 experts in—
                                             ance management and lessons learned by                   term ‘‘digital content provenance’’ means                 (i) artificial intelligence;
                                             other law enforcement task forces and joint              the verifiable chronology of the origin and               (ii) media manipulation;
                                             operations, establish a strategy for each                history of a piece of digital content, such as            (iii) digital forensics;
                                             Joint Task Force that contains—                          an image, video, audio recording, or elec-                (iv) secure digital content and delivery;
                                               ‘‘(i) the mission of each Joint Task Force             tronic document.                                          (v) cryptography;
                                             and strategic goals and objectives to assist                (3) ELIGIBLE ENTITY.—The term ‘‘eligible               (vi) privacy;
                                             the Joint Task Force in accomplishing that               entity’’ means—                                           (vii) civil rights; or
                                             mission; and                                                (A) a private sector or nonprofit organiza-            (viii) related subjects.




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                                               ‘‘(ii) outcome-based and other appropriate             tion; or                                                  (D) TERM OF APPOINTMENT.—The term of a
                                             performance metrics to evaluate the effec-                  (B) an institution of higher education.             member of the Task Force shall end on the
                                             tiveness of each Joint Task Force and meas-                 (4) INSTITUTION OF HIGHER EDUCATION.—The            date described in subsection (g)(1).
                                             ure progress towards the goals and objectives            term ‘‘institution of higher education’’ has              (E) VACANCY.—Any vacancy occurring in
                                             described in clause (i), which include—                  the meaning given the term in section 101 of           the membership of the Task Force shall be
                                               ‘‘(I) targets for current and future fiscal            the Higher Education Act of 1965 (20 U.S.C.            filled in the same manner in which the origi-
                                             years; and                                               1001).                                                 nal appointment was made.




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                                             S6038                                             CONGRESSIONAL RECORD — SENATE                                                    September 29, 2022
                                               (F) EXPENSES FOR NON-FEDERAL MEMBERS.—                  (iv) the means and methods for identifying           ated with the assignment of an employee to
                                             Members of the Task Force described in                  and addressing the technical and financial             the Task Force.
                                             clauses (ii) and (iii) of subparagraph (B) shall        infrastructure that supports the prolifera-               (D) TERMINATION.—The chairperson of the
                                             be allowed travel expenses, including per               tion of digital content forgeries, such as             Task Force may terminate the assignment of
                                             diem in lieu of subsistence, at rates author-           inauthentic social media accounts and bank             an employee to the Task Force under sub-
                                             ized for employees under subchapter I of                accounts.                                              paragraph (A) at any time and for any rea-
                                             chapter 57 of title 5, United States Code,                (I) An assessment of privacy and civil lib-          son.
                                             while away from their homes or regular                  erties requirements associated with efforts               (f) TASK FORCE REPORTS.—
                                             places of business in the performance of serv-          to deploy technologies and systems to deter-              (1) INTERIM REPORT.—
                                             ices for the Task Force.                                mine digital content provenance or reduce                 (A) IN GENERAL.—Not later than 1 year
                                               (c) COORDINATED PLAN.—                                the proliferation of digital content forgeries,        after the date on which all of the appoint-
                                               (1) IN GENERAL.—The Task Force shall de-              including statutory or other proposed policy           ments have been made under subsection
                                             velop a coordinated plan to—                            changes.                                               (b)(2)(C), the Task Force shall submit to the
                                               (A) reduce the proliferation and impact of              (J) A determination of metrics to define             President and the relevant congressional
                                             digital content forgeries, including by ex-             the success of—                                        committees an interim report containing the
                                             ploring how the adoption of a digital content             (i) technologies or systems to detect dig-           findings, conclusions, and recommendations
                                             provenance standard could assist with reduc-            ital content forgeries;                                of the Task Force.
                                             ing the proliferation of digital content for-             (ii) technologies or systems to determine               (B) CONTENTS.—The report required under
                                             geries;                                                 digital content provenance; and                        subparagraph (A) shall include specific rec-
                                               (B) develop mechanisms for content cre-                 (iii) other efforts to reduce the incidence,         ommendations for ways to reduce the pro-
                                             ators to—                                               proliferation, and impact of digital content           liferation and impact of digital content for-
                                               (i) cryptographically certify the authen-             forgeries.                                             geries, including the deployment of tech-
                                             ticity of original media and non-deceptive                (d) CONSULTATIONS.—In carrying out sub-              nologies and systems to determine digital
                                             manipulations; and                                      section (c), the Task Force shall consult              content provenance.
                                               (ii) enable the public to validate the au-            with the following:                                       (2) FINAL REPORT.—Not later than 180 days
                                             thenticity of original media and non-decep-               (1) The Director of the National Science             after the date of the submission of the in-
                                             tive manipulations to establish digital con-            Foundation.                                            terim report under paragraph (1)(A), the
                                             tent provenance; and                                      (2) The National Academies of Sciences,              Task Force shall submit to the President
                                               (C) increase the ability of internet compa-           Engineering, and Medicine.                             and the relevant congressional committees a
                                             nies, journalists, watchdog organizations,                (3) The Director of the National Institute           final report containing the findings, conclu-
                                             other relevant entities, and members of the             of Standards and Technology.                           sions, and recommendations of the Task
                                             public to meaningfully scrutinize and iden-               (4) The Director of the Defense Advanced
                                                                                                                                                            Force, including the plan developed under
                                             tify potential digital content forgeries.               Research Projects Agency.
                                                                                                                                                            subsection (c).
                                               (2) CONTENTS.—The plan required under                   (5) The Director of the Intelligence Ad-
                                                                                                                                                               (3) REQUIREMENTS.—With respect to each
                                             paragraph (1) shall include the following:              vanced Research Projects Activity of the Of-
                                                                                                                                                            report submitted under this subsection—
                                               (A) A Government-wide research and devel-             fice of the Director of National Intelligence.
                                                                                                                                                               (A) the Task Force shall make the report
                                             opment agenda to—                                         (6) The Secretary of Energy.
                                                                                                                                                            publicly available; and
                                               (i) improve technologies and systems to de-             (7) The Secretary of Defense.
                                                                                                                                                               (B) the report—
                                             tect digital content forgeries; and                       (8) The Attorney General.
                                                                                                                                                               (i) shall be produced in an unclassified
                                               (ii) relay information about digital content            (9) The Secretary of State.
                                                                                                                                                            form; and
                                             provenance to content consumers.                          (10) The Federal Trade Commission.
                                                                                                                                                               (ii) may include a classified annex.
                                               (B) An assessment of the feasibility of, and            (11) The United States Trade Representa-
                                                                                                                                                               (g) TERMINATION.—
                                             obstacles to, the deployment of technologies            tive.
                                                                                                                                                               (1) IN GENERAL.—The Task Force shall ter-
                                             and systems to capture, preserve, and dis-                (12) Representatives from private industry
                                                                                                                                                            minate on the date that is 90 days after the
                                             play digital content provenance.                        and nonprofit organizations.
                                                                                                                                                            date on which the Task Force submits the
                                               (C) A framework for conceptually distin-                (13) Representatives from institutions of
                                                                                                                                                            final report under subsection (f)(2).
                                             guishing between digital content with benign            higher education.
                                                                                                                                                               (2) RECORDS.—Upon the termination of the
                                             or helpful alternations and digital content               (14) Such other individuals as the Task
                                                                                                                                                            Task Force under paragraph (1), each record
                                             forgeries.                                              Force considers appropriate.
                                               (D) An assessment of the technical feasi-               (e) STAFF.—                                          of the Task Force shall become a record of
                                             bility of, and challenges in, distinguishing              (1) IN GENERAL.—Staff of the Task Force              the National Archives and Records Adminis-
                                             between—                                                shall be comprised of detailees with exper-            tration.
                                               (i) benign or helpful alterations to digital          tise in artificial intelligence or related fields               CHAPTER 2—CISA TECHNICAL
                                             content; and                                            from—                                                       CORRECTIONS AND IMPROVEMENTS
                                               (ii) intentionally deceptive or obfuscating             (A) the Department of Homeland Security;             SEC. 5194. CISA TECHNICAL CORRECTIONS AND
                                             alterations to digital content.                           (B) the National Telecommunications and                          IMPROVEMENTS.
                                               (E) A discussion of best practices, includ-           Information Administration;                              (a) TECHNICAL AMENDMENT RELATING TO
                                             ing any necessary standards, for the adop-                (C) the National Institute of Standards and          DOTGOV ACT OF 2020.—
                                             tion and effective use of technologies and              Technology; or                                           (1) AMENDMENT.—Section 904(b)(1) of the
                                             systems to determine digital content prove-               (D) any other Federal agency the chair-              DOTGOV Act of 2020 (title IX of division U of
                                             nance and detect digital content forgeries              person of the Task Force consider appro-               Public Law 116–260) is amended, in the mat-
                                             while protecting fair use.                              priate with the consent of the head of the             ter preceding subparagraph (A), by striking
                                               (F) Conceptual proposals for necessary re-            Federal agency.                                        ‘‘Homeland Security Act’’ and inserting
                                             search projects and experiments to further                (2) OTHER ASSISTANCE.—                               ‘‘Homeland Security Act of 2002’’.
                                             develop successful technology to ascertain                (A) IN GENERAL.—The chairperson of the                 (2) EFFECTIVE DATE.—The amendment
                                             digital content provenance.                             Task Force may enter into an agreement                 made by paragraph (1) shall take effect as if
                                               (G) Proposed policy changes, including                with an eligible entity for the temporary as-          enacted as part of the DOTGOV Act of 2020
                                             changes in law, to—                                     signment of employees of the eligible entity           (title IX of division U of Public Law 116–260).
                                               (i) incentivize the adoption of tech-                 to the Task Force in accordance with this                (b) CONSOLIDATION OF DEFINITIONS.—
                                             nologies, systems, open standards, or other             paragraph.                                               (1) IN GENERAL.—Title XXII of the Home-
                                             means to detect digital content forgeries and             (B) APPLICATION OF ETHICS RULES.—An em-              land Security Act of 2002 (6 U.S.C. 651 et seq.)
                                             determine digital content provenance; and               ployee of an eligible entity assigned to the           is amended by inserting before the subtitle A
                                               (ii) reduce the incidence, proliferation, and         Task Force under subparagraph (A)—                     heading the following:
                                             impact of digital content forgeries.                      (i) shall be considered a special Govern-            ‘‘SEC. 2200. DEFINITIONS.
                                               (H) Recommendations for models for pub-               ment employee for the purpose of Federal                 ‘‘Except as otherwise specifically provided,
                                             lic-private      partnerships       to     fight        law, including—                                        in this title:
                                             disinformation and reduce digital content                 (I) chapter 11 of title 18, United States              ‘‘(1) AGENCY.—The term ‘Agency’ means
                                             forgeries, including partnerships that sup-             Code; and                                              the Cybersecurity and Infrastructure Secu-
                                             port and collaborate on—                                  (II) the Ethics in Government Act of 1978 (5         rity Agency.
                                               (i) industry practices and standards for de-          U.S.C. App.); and                                        ‘‘(2) AGENCY INFORMATION.—The term
                                             termining digital content provenance;                     (ii) notwithstanding section 202(a) of title         ‘agency information’ means information col-




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                                               (ii) digital literacy education campaigns             18, United States Code, may be assigned to             lected or maintained by or on behalf of an
                                             and user-friendly detection tools for the pub-          the Task Force for a period of not more than           agency.
                                             lic to reduce the proliferation and impact of           2 years.                                                 ‘‘(3) AGENCY INFORMATION SYSTEM.—The
                                             disinformation and digital content forgeries;             (C) FINANCIAL LIABILITY.—An agreement                term ‘agency information system’ means an
                                               (iii) industry practices and standards for            entered into with an eligible entity under             information system used or operated by an
                                             documenting relevant research and progress              subparagraph (A) shall require the eligible            agency or by another entity on behalf of an
                                             in machine learning; and                                entity to be responsible for any costs associ-         agency.




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                                             September 29, 2022                                CONGRESSIONAL RECORD — SENATE                                                                       S6039
                                               ‘‘(4) APPROPRIATE CONGRESSIONAL COMMIT-                 ‘‘(B) does not include any action that sole-         in carrying out the purposes specified in sub-
                                             TEES.—The term ‘appropriate congressional               ly involves a violation of a consumer term of          paragraphs (A) and (B).
                                             committees’ means—                                      service or a consumer licensing agreement.               ‘‘(15) INFORMATION SYSTEM.—The term ‘in-
                                               ‘‘(A) the Committee on Homeland Security                ‘‘(9) CYBERSECURITY THREAT.—                         formation system’ has the meaning given the
                                             and Governmental Affairs of the Senate; and               ‘‘(A) IN GENERAL.—Except as provided in              term in section 3502 of title 44, United States
                                               ‘‘(B) the Committee on Homeland Security              subparagraph (B), the term ‘cybersecurity              Code.
                                             of the House of Representatives.                        threat’ means an action, not protected by                ‘‘(16) INTELLIGENCE COMMUNITY.—The term
                                               ‘‘(5) CRITICAL INFRASTRUCTURE INFORMA-                the First Amendment to the Constitution of             ‘intelligence community’ has the meaning
                                             TION.—The term ‘critical infrastructure in-             the United States, on or through an informa-           given the term in section 3(4) of the National
                                             formation’ means information not custom-                tion system that may result in an unauthor-            Security Act of 1947 (50 U.S.C. 3003(4)).
                                             arily in the public domain and related to the           ized effort to adversely impact the security,            ‘‘(17) MONITOR.—The term ‘monitor’ means
                                             security of critical infrastructure or pro-             availability, confidentiality, or integrity of         to acquire, identify, or scan, or to possess,
                                             tected systems—                                         an information system or information that              information that is stored on, processed by,
                                               ‘‘(A) actual, potential, or threatened inter-         is stored on, processed by, or transiting an           or transiting an information system.
                                             ference with, attack on, compromise of, or              information system.                                      ‘‘(18) NATIONAL CYBERSECURITY ASSET RE-
                                             incapacitation of critical infrastructure or                                                                   SPONSE ACTIVITIES.—The term ‘national cy-
                                                                                                       ‘‘(B) EXCLUSION.—The term ‘cybersecurity
                                             protected systems by either physical or com-            threat’ does not include any action that sole-         bersecurity     asset     response   activities’
                                             puter-based attack or other similar conduct             ly involves a violation of a consumer term of          means—
                                             (including the misuse of or unauthorized ac-                                                                     ‘‘(A) furnishing cybersecurity technical as-
                                                                                                     service or a consumer licensing agreement.
                                             cess to all types of communications and data                                                                   sistance to entities affected by cybersecurity
                                                                                                       ‘‘(10) DEFENSIVE MEASURE.—
                                             transmission systems) that violates Federal,                                                                   risks     to    protect      assets,   mitigate
                                                                                                       ‘‘(A) IN GENERAL.—Except as provided in
                                             State, or local law, harms interstate com-                                                                     vulnerabilities, and reduce impacts of cyber
                                                                                                     subparagraph (B), the term ‘defensive meas-
                                             merce of the United States, or threatens                                                                       incidents;
                                                                                                     ure’ means an action, device, procedure, sig-
                                             public health or safety;                                                                                         ‘‘(B) identifying other entities that may be
                                                                                                     nature, technique, or other measure applied
                                               ‘‘(B) the ability of any critical infrastruc-                                                                at risk of an incident and assessing risk to
                                                                                                     to an information system or information
                                             ture or protected system to resist such inter-                                                                 the same or similar vulnerabilities;
                                             ference, compromise, or incapacitation, in-             that is stored on, processed by, or transiting           ‘‘(C) assessing potential cybersecurity
                                             cluding any planned or past assessment, pro-            an information system that detects, pre-               risks to a sector or region, including poten-
                                             jection, or estimate of the vulnerability of            vents, or mitigates a known or suspected cy-           tial cascading effects, and developing courses
                                             critical infrastructure or a protected system,          bersecurity threat or security vulnerability.          of action to mitigate such risks;
                                             including security testing, risk evaluation               ‘‘(B) EXCLUSION.—The term ‘defensive                   ‘‘(D) facilitating information sharing and
                                             thereto, risk management planning, or risk              measure’ does not include a measure that de-           operational coordination with threat re-
                                             audit; or                                               stroys, renders unusable, provides unauthor-           sponse; and
                                               ‘‘(C) any planned or past operational prob-           ized access to, or substantially harms an in-            ‘‘(E) providing guidance on how best to uti-
                                             lem or solution regarding critical infrastruc-          formation system or information stored on,             lize Federal resources and capabilities in a
                                             ture or protected systems, including repair,            processed by, or transiting such information           timely, effective manner to speed recovery
                                             recovery, reconstruction, insurance, or con-            system not owned by—                                   from cybersecurity risks.
                                             tinuity, to the extent it is related to such in-          ‘‘(i) the entity operating the measure; or             ‘‘(19) NATIONAL SECURITY SYSTEM.—The
                                             terference, compromise, or incapacitation.                ‘‘(ii) another entity or Federal entity that         term ‘national security system’ has the
                                               ‘‘(6) CYBER THREAT INDICATOR.—The term                is authorized to provide consent and has pro-          meaning given the term in section 11103 of
                                             ‘cyber threat indicator’ means information              vided consent to that private entity for oper-         title 40, United States Code.
                                             that is necessary to describe or identify—              ation of such measure.                                   ‘‘(20) SECTOR RISK MANAGEMENT AGENCY.—
                                               ‘‘(A) malicious reconnaissance, including               ‘‘(11)   DIRECTOR.—The      term   ‘Director’        The term ‘Sector Risk Management Agency’
                                             anomalous patterns of communications that               means the Director Cybersecurity and Infra-            means a Federal department or agency, des-
                                             appear to be transmitted for the purpose of             structure Security Agency                              ignated by law or Presidential directive,
                                             gathering technical information related to a              ‘‘(12) HOMELAND SECURITY ENTERPRISE.—                with responsibility for providing institu-
                                             cybersecurity threat or security vulner-                The term ‘Homeland Security Enterprise’                tional knowledge and specialized expertise of
                                             ability;                                                means relevant governmental and non-                   a sector, as well as leading, facilitating, or
                                               ‘‘(B) a method of defeating a security con-           governmental entities involved in homeland             supporting programs and associated activi-
                                             trol or exploitation of a security vulner-              security, including Federal, State, local, and         ties of its designated critical infrastructure
                                             ability;                                                Tribal government officials, private sector            sector in the all hazards environment in co-
                                               ‘‘(C) a security vulnerability, including             representatives, academics, and other policy           ordination with the Department.
                                             anomalous activity that appears to indicate             experts.                                                 ‘‘(21) SECURITY CONTROL.—The term ‘secu-
                                             the existence of a security vulnerability;                ‘‘(13) INCIDENT.—The term ‘incident’ means           rity control’ means the management, oper-
                                               ‘‘(D) a method of causing a user with le-             an occurrence that actually or imminently              ational, and technical controls used to pro-
                                             gitimate access to an information system or             jeopardizes, without lawful authority, the in-         tect against an unauthorized effort to ad-
                                             information that is stored on, processed by,            tegrity, confidentiality, or availability of in-       versely affect the confidentiality, integrity,
                                             or transiting an information system to un-              formation on an information system, or ac-             and availability of an information system or
                                             wittingly enable the defeat of a security con-          tually or imminently jeopardizes, without              its information.
                                             trol or exploitation of a security vulner-              lawful authority, an information system.                 ‘‘(22) SECURITY VULNERABILITY.—The term
                                             ability;                                                  ‘‘(14) INFORMATION SHARING AND ANALYSIS              ‘security vulnerability’ means any attribute
                                               ‘‘(E) malicious cyber command and con-                ORGANIZATION.—The term ‘Information Shar-              of hardware, software, process, or procedure
                                             trol;                                                   ing and Analysis Organization’ means any               that could enable or facilitate the defeat of
                                               ‘‘(F) the actual or potential harm caused             formal or informal entity or collaboration             a security control.
                                             by an incident, including a description of the          created or employed by public or private sec-            ‘‘(23) SHARING.—The term ‘sharing’ (includ-
                                             information exfiltrated as a result of a par-           tor organizations, for purposes of—                    ing all conjugations thereof) means pro-
                                             ticular cybersecurity threat;                             ‘‘(A) gathering and analyzing critical infra-        viding, receiving, and disseminating (includ-
                                               ‘‘(G) any other attribute of a cybersecurity          structure information, including informa-              ing all conjugations of each such terms).’’.
                                             threat, if disclosure of such attribute is not          tion related to cybersecurity risks and inci-            (2) TECHNICAL AND CONFORMING AMEND-
                                             otherwise prohibited by law; or                         dents, in order to better understand security          MENTS.—The Homeland Security Act of 2002
                                               ‘‘(H) any combination thereof.                        problems and interdependencies related to              (6 U.S.C. 101 et seq.) is amended—
                                               ‘‘(7) CYBERSECURITY PURPOSE.—The term                 critical infrastructure, including cybersecu-            (A) by amending section 2201 (6 U.S.C. 651)
                                             ‘cybersecurity purpose’ means the purpose of            rity risks and incidents, and protected sys-           to read as follows:
                                             protecting an information system or infor-              tems, so as to ensure the availability, integ-         ‘‘SEC. 2201. DEFINITION.
                                             mation that is stored on, processed by, or              rity, and reliability thereof;                           ‘‘In this subtitle, the term ‘Cybersecurity
                                             transiting an information system from a cy-               ‘‘(B) communicating or disclosing critical           Advisory Committee’ means the advisory
                                             bersecurity threat or security vulnerability.           infrastructure information, including cyber-           committee       established     under     section
                                               ‘‘(8) CYBERSECURITY RISK.—The term ‘cy-               security risks and incidents, to help prevent,         2219(a).’’;
                                             bersecurity risk’—                                      detect, mitigate, or recover from the effects            (B) in section 2202 (6 U.S.C. 652)—
                                               ‘‘(A) means threats to and vulnerabilities            of an interference, a compromise, or an inca-            (i) in subsection (a)(1), by striking ‘‘(in this
                                             of information or information systems and               pacitation problem related to critical infra-          subtitle referred to as the Agency)’’;




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                                             any related consequences caused by or re-               structure, including cybersecurity risks and             (ii) in subsection (b)(1), by striking ‘‘in this
                                             sulting from unauthorized access, use, dis-             incidents, or protected systems; and                   subtitle referred to as the ‘Director’)’’; and
                                             closure, degradation, disruption, modifica-               ‘‘(C) voluntarily disseminating critical in-           (iii) in subsection (f)—
                                             tion, or destruction of such information or             frastructure information, including cyberse-             (I) in paragraph (1), by inserting ‘‘Execu-
                                             information systems, including such related             curity risks and incidents, to its members,            tive’’ before ‘‘Assistant Director’’; and
                                             consequences caused by an act of terrorism;             State, local, and Federal Governments, or                (II) in paragraph (2), by inserting ‘‘Execu-
                                             and                                                     any other entities that may be of assistance           tive’’ before ‘‘Assistant Director’’;




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                                             S6040                                             CONGRESSIONAL RECORD — SENATE                                                    September 29, 2022
                                                (C) in section 2209 (6 U.S.C. 659)—                  and inserting ‘‘Information Sharing and                in section 2200 of the Homeland Security Act
                                                (i) by striking subsection (a);                      Analysis Organizations’’; and                          of 2002.
                                                (ii) by redesignating subsections (b)                   (ii) by striking subsection (f) and inserting          ‘‘(17) SECURITY VULNERABILITY.—The term
                                             through subsection (o) as subsections (a)               the following:                                         ‘security vulnerability’ has the meaning
                                             through (n), respectively;                                 ‘‘(f) CYBER DEFENSE OPERATION DEFINED.—             given the term in section 2200 of the Home-
                                                (iii) in subsection (c)(1), as so redesig-           In this section, the term ‘cyber defense oper-         land Security Act of 2002.’’.
                                             nated—                                                  ation’ means the use of a defensive meas-                 (c) ADDITIONAL TECHNICAL AND CONFORMING
                                                (I) in subparagraph (A)(iii), as so redesig-         ure.’’;                                                AMENDMENTS.—
                                             nated, by striking ‘‘, as that term is defined             (I) in section 2218(c)(4)(A) (6 U.S.C.                 (1) FEDERAL CYBERSECURITY ENHANCEMENT
                                             under section 3(4) of the National Security             665d(4)(A)), by striking ‘‘information sharing         ACT OF 2015.—The Federal Cybersecurity En-
                                             Act of 1947 (50 U.S.C. 3003(4))’’; and                  and analysis organizations’’ and inserting             hancement Act of 2015 (6 U.S.C. 1521 et seq.)
                                                (II) in subparagraph (B)(ii), by striking            ‘‘Information Sharing and Analysis Organi-             is amended—
                                             ‘‘information sharing and analysis organiza-            zations’’;                                                (A) in section 222 (6 U.S.C. 1521)—
                                             tions’’ and inserting ‘‘Information Sharing                (J) in section 2220A (6 U.S.C. 665g)—                  (i) in paragraph (2), by striking ‘‘section
                                             and Analysis Organizations’’;                              (i) in subsection (a)—                              2210’’ and inserting ‘‘section 2200’’; and
                                                (iv) in subsection (d), as so redesignated—             (I) by striking paragraphs (1), (2), (5), and          (ii) in paragraph (4), by striking ‘‘section
                                                (I) in the matter preceding paragraph (1),           (6); and                                               2209’’ and inserting ‘‘section 2200’’;
                                             by striking ‘‘subsection (c)’’ and inserting               (II) by redesignating paragraphs (3), (4), (7),        (B) in section 223(b) (6 U.S.C. 151 note), by
                                             ‘‘subsection (b)’’; and                                 (8), (9), (10), (11), and (12) as paragraphs (1)       striking ‘‘section 2213(b)(1)’’ each place it ap-
                                                (II) in paragraph (1)(E)(ii)(II), by striking        through (8), respectively;                             pears and inserting ‘‘section 2213(a)(1)’’;
                                             ‘‘information sharing and analysis organiza-               (ii) in subsection (e)(2)(B)(xiv)(II)(aa), by          (C) in section 226 (6 U.S.C. 1524)—
                                             tions’’ and inserting ‘‘Information Sharing             striking ‘‘information sharing and analysis               (i) in subsection (a)—
                                             and Analysis Organizations’’;                           organization’’ and inserting ‘‘Information                (I) in paragraph (1), by striking ‘‘section
                                                (v) in subsection (j), as so redesignated, by        Sharing and Analysis Organization’’;                   2213’’ and inserting ‘‘section 2200’’;
                                             striking ‘‘subsection (c)(8)’’ and inserting               (iii) in subsection (p), by striking ‘‘appro-          (II) in paragraph (2), by striking ‘‘section
                                             ‘‘subsection (b)(8)’’;                                  priate committees of Congress’’ and insert-
                                                (vi) by redesignating the first subsections                                                                 102’’ and inserting ‘‘section 2200 of the Home-
                                                                                                     ing ‘‘appropriate congressional committees’’;          land Security Act of 2002’’;
                                             (p) and (q) and second subsections (p) and (q)          and
                                             as subsections (o) and (p) and subsections (q)                                                                    (III) in paragraph (4), by striking ‘‘section
                                                                                                        (iv) in subsection (q)(4), in the matter pre-       2210(b)(1)’’ and inserting ‘‘section 2210(a)(1)’’;
                                             and (r), respectively; and                              ceding clause (i), by striking ‘‘appropriate
                                                (vii) in subsection (o), as so redesignated—                                                                and
                                                                                                     committees of Congress’’ and inserting ‘‘ap-              (IV) in paragraph (5), by striking ‘‘section
                                                (I) in paragraph (2)(A), by striking ‘‘sub-          propriate congressional committees’’
                                             section (c)(12)’’ and inserting ‘‘subsection                                                                   2213(b)’’ and inserting ‘‘section 2213(a)’’; and
                                                                                                        (K) in section 2220C(f) (6 U.S.C. 665i(f))—            (ii) in subsection (c)(1)(A)(vi), by striking
                                             (b)(12)’’; and                                             (i) by striking paragraph (1);
                                                (II) in paragraph (3)(B)(i), by striking ‘‘sub-                                                             ‘‘section 2213(c)(5)’’ and inserting ‘‘section
                                                                                                        (ii) by redesignating paragraphs (2) and (3)        2213(b)(5)’’; and
                                             section (c)(12)’’ and inserting ‘‘subsection            as paragraphs (1) and (2), respectively; and
                                             (b)(12)’’;                                                                                                        (D) in section 227(b) (6 U.S.C. 1525(b)), by
                                                                                                        (iii) in paragraph (2), as so redesignated, by      striking ‘‘section 2213(d)(2)’’ and inserting
                                                (D) in section 2210 (6 U.S.C. 660)—                  striking ‘‘(enacted as division N of the Con-
                                                (i) by striking subsection (a);                                                                             ‘‘section 2213(c)(2)’’.
                                                                                                     solidated Appropriations Act, 2016 (Public                (2) PUBLIC HEALTH SERVICE ACT.—Section
                                                (ii) by redesignating subsections (b)                Law 114–113; 6 U.S.C. 1501(9))’’ and inserting
                                             through (e) as subsections (a) through (d), re-                                                                2811(b)(4)(D) of the Public Health Service Act
                                                                                                     ‘‘(6 U.S.C. 1501)’’; and                               (42 U.S.C. 300hh–10(b)(4)(D)) is amended by
                                             spectively;                                                (L) in section 2222 (6 U.S.C. 671)—
                                                (iii) in subsection (b), as so redesignated—                                                                striking ‘‘section 228(c) of the Homeland Se-
                                                                                                        (i) by striking paragraphs (3), (5), and (8);       curity Act of 2002 (6 U.S.C. 149(c))’’ and in-
                                                (I) by striking ‘‘information sharing and
                                                                                                        (ii) by redesignating paragraph (4) as para-        serting ‘‘section 2210(b) of the Homeland Se-
                                             analysis organizations (as defined in section
                                                                                                     graph (3); and                                         curity Act of 2002 (6 U.S.C. 660(b))’’.
                                             2222(5))’’ and inserting ‘‘Information Sharing
                                                                                                        (iii) by redesignating paragraphs (6) and (7)          (3) WILLIAM M. (MAC) THORNBERRY NATIONAL
                                             and Analysis Organizations’’; and
                                                                                                     as paragraphs (4) and (5), respectively.               DEFENSE AUTHORIZATION ACT OF FISCAL YEAR
                                                (II) by striking ‘‘(as defined in section
                                                                                                        (3) TABLE OF CONTENTS AMENDMENTS.—The               2021.—Section 9002 of the William M. (Mac)
                                             2209)’’; and
                                                                                                     table of contents in section 1(b) of the Home-         Thornberry National Defense Authorization
                                                (iv) in subsection (c), as so redesignated, by
                                                                                                     land Security Act of 2002 (Public Law 107–296;         Act for Fiscal Year 2021 (6 U.S.C. 652a) is
                                             striking ‘‘subsection (c)’’ and inserting ‘‘sub-
                                                                                                     116 Stat. 2135) is amended—                            amended—
                                             section (b)’’;
                                                                                                        (A) by inserting before the item relating to           (A) in subsection (a)—
                                                (E) in section 2211 (6 U.S.C. 661), by strik-
                                             ing subsection (h);                                     subtitle A of title XXII the following:                   (i) by striking paragraph (5);
                                                (F) in section 2212 (6 U.S.C. 662), by strik-        ‘‘Sec. 2200. Definitions.’’; and                          (ii) by redesignating paragraphs (6) and (7)
                                             ing ‘‘information sharing and analysis orga-               (B) by striking the item relating to section        as paragraphs (5) and (6), respectively;
                                             nizations (as defined in section 2222(5))’’ and         2201 and insert the following:                            (iii) by amending paragraph (7) to read as
                                             inserting ‘‘Information Sharing and Analysis            ‘‘Sec. 2201. Definition.’’.                            follows:
                                             Organizations’’;                                           (4) CYBERSECURITY ACT OF 2015 DEFINI-                  ‘‘(7) SECTOR RISK MANAGEMENT AGENCY.—
                                                (G) in section 2213 (6 U.S.C. 663)—                  TIONS.—Section 102 of the Cybersecurity Act            The term ‘Sector Risk Management Agency’
                                                (i) by striking subsection (a);                      of 2015 (6 U.S.C. 1501) is amended—                    has the meaning given the term in section
                                                (ii) by redesignating subsections (b)                   (A) by striking paragraphs (4) through (7)          2200 of the Homeland Security Act of 2002.’’;
                                             through (f) as subsections (a) through (e), re-         and inserting the following:                              (B) in subsection (c)(3)(B), by striking
                                             spectively;                                                ‘‘(4) CYBERSECURITY PURPOSE.—The term               ‘‘section 2201(5)’’ and inserting ‘‘section
                                                (iii) in subsection (b), as so redesignated,         ‘cybersecurity purpose’ has the meaning                2200’’; and
                                             by striking ‘‘subsection (b)’’ each place it ap-        given the term in section 2200 of the Home-               (C) in subsection (d), by striking ‘‘section
                                             pears and inserting ‘‘subsection (a)’’;                 land Security Act of 2002.                             2215 of the Homeland Security Act of 2002, as
                                                (iv) in subsection (c), as so redesignated, in          ‘‘(5) CYBERSECURITY THREAT.—The term                added by this section’’ and inserting ‘‘section
                                             the matter preceding paragraph (1), by strik-           ‘cybersecurity threat’ has the meaning given           2218 of the Homeland Security Act of 2002 (6
                                             ing ‘‘subsection (b)’’ and inserting ‘‘sub-             the term in section 2200 of the Homeland Se-           U.S.C. 665d)’’.
                                             section (a)’’; and                                      curity Act of 2002.                                       (4) NATIONAL SECURITY ACT OF 1947.—Section
                                                (v) in subsection (d), as so redesignated—              ‘‘(6) CYBER THREAT INDICATOR.—The term              113B(b)(4) of the National Security Act of
                                                (I) in paragraph (1)—                                ‘cyber threat indicator’ has the meaning               1947 (50 U.S.C. 3049a(b)(4)) is amended by
                                                (aa) in the matter preceding subparagraph            given the term in section 2200 of the Home-            striking section ‘‘226 of the Homeland Secu-
                                             (A), by striking ‘‘subsection (c)(2)’’ and in-          land Security Act of 2002.                             rity Act of 2002 (6 U.S.C. 147)’’ and inserting
                                             serting ‘‘subsection (b)(2)’’;                             ‘‘(7) DEFENSIVE MEASURE.—The term ‘defen-           ‘‘section 2208 of the Homeland Security Act
                                                (bb) in subparagraph (A), by striking ‘‘sub-         sive measure’ has the meaning given the                of 2002 (6 U.S.C. 658)’’.
                                             section (c)(1)’’ and inserting ‘‘subsection             term in section 2200 of the Homeland Secu-                (5) IOT CYBERSECURITY IMPROVEMENT ACT OF
                                             (b)(1)’’; and                                           rity Act of 2002.’’;                                   2020.—Section 5(b)(3) of the IoT Cybersecurity
                                                (cc) in subparagraph (B), by striking ‘‘sub-            (B) by striking paragraph (13) and inserting        Improvement Act of 2020 (15 U.S.C. 278g–
                                             section (c)(2)’’ and inserting ‘‘subsection             the following:                                         3c(b)(3)) is amended by striking ‘‘section




dlhill on DSK120RN23PROD with SENATE
                                             (b)(2)’’; and                                              ‘‘(13) MONITOR.— The term ‘monitor’ has             2209(m) of the Homeland Security Act of 2002
                                                (II) in paragraph (2), by striking ‘‘sub-            the meaning given the term in section 2200 of          (6 U.S.C. 659(m))’’ and inserting ‘‘section
                                             section (c)(2)’’ and inserting ‘‘subsection             the Homeland Security Act of 2002.’’; and              2209(l) of the Homeland Security Act of 2002
                                             (b)(2)’’;                                                  (C) by striking paragraphs (16) and (17) and        (6 U.S.C. 659(l))’’.F
                                                (H) in section 2216 (6 U.S.C. 665b)—                 inserting the following:                                  (6)     SMALL      BUSINESS    ACT.—Section
                                                (i) in subsection (d)(2), by striking ‘‘infor-          ‘‘(16) SECURITY CONTROL.—The term ‘secu-            21(a)(8)(B) of the Small Business Act (15
                                             mation sharing and analysis organizations’’             rity control’ has the meaning given the term           U.S.C. 648(a)(8)(B)) is amended by striking




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                                             September 29, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S6041
                                             ‘‘section 2209(a)’’ and inserting ‘‘section             using research and development funds award-               ‘‘(C) The Department of Defense.
                                             2200’’.                                                 ed by Executive agencies.                                 ‘‘(D) The Department of Homeland Secu-
                                                (7) TITLE 46.—Section 70101(2) of title 46,             ‘‘(5) INSIDER.—The term ‘insider’ means             rity.
                                             United States Code, is amended by striking              any person with authorized access to any                  ‘‘(E) The Office of the Director of National
                                             ‘‘section 227 of the Homeland Security Act of           United States Government resource, includ-             Intelligence.
                                             2002 (6 U.S.C. 148)’’ and inserting ‘‘section           ing personnel, facilities, information, re-               ‘‘(F) The Department of Justice.
                                             2200 of the Homeland Security Act of 2002’’.            search, equipment, networks, or systems.                  ‘‘(G) The Department of Energy.
                                                 CHAPTER 3—POST-DISASTER MENTAL                         ‘‘(6) INSIDER THREAT.—The term ‘insider                ‘‘(H) The Department of Commerce.
                                                        HEALTH RESPONSE ACT                          threat’ means the threat that an insider will             ‘‘(I) The Department of Health and Human
                                                                                                     use his or her authorized access (wittingly or         Services.
                                             SEC. 5198. POST-DISASTER MENTAL HEALTH RE-
                                                                                                     unwittingly) to harm the national and eco-                ‘‘(J) The Department of State.
                                                         SPONSE.
                                                                                                     nomic security of the United States or nega-              ‘‘(K) The Department of Transportation.
                                               (a) SHORT TITLE.—This section may be                  tively affect the integrity of a Federal agen-            ‘‘(L) The National Aeronautics and Space
                                             cited as the ‘‘Post-Disaster Mental Health              cy’s normal processes, including damaging              Administration.
                                             Response Act’’.                                         the United States through espionage, sabo-                ‘‘(M) The National Science Foundation.
                                               (b) CRISIS COUNSELING ASSISTANCE AND                  tage, terrorism, unauthorized disclosure of               ‘‘(N) The Department of Education.
                                             TRAINING.—Section 502(a)(6) of the Robert T.            national security information or nonpublic                ‘‘(O) The Small Business Administration.
                                             Stafford Disaster Relief and Emergency As-              information, a destructive act (which may                 ‘‘(P) The Council of Inspectors General on
                                             sistance Act (42 U.S.C. 5192(a)(6)) is amended          include physical harm to another in the                Integrity and Efficiency.
                                             by inserting ‘‘and section 416’’ after ‘‘section        workplace), or through the loss or degrada-               ‘‘(Q) Other Executive agencies, as deter-
                                             408’’.                                                  tion of departmental resources, capabilities,          mined by the Chairperson of the Council.
                                                TITLE LII—GOVERNMENTAL AFFAIRS                       and functions.                                            ‘‘(2) LEAD REPRESENTATIVES.—
                                                    Subtitle A—Safeguarding American                    ‘‘(7) RESEARCH AND DEVELOPMENT.—                       ‘‘(A) DESIGNATION.—Not later than 45 days
                                                               Innovation                               ‘‘(A) IN GENERAL.—The term ‘research and            after the date of the enactment of the Safe-
                                                                                                     development’ means all research activities,            guarding American Innovation Act, the head
                                             SEC. 5201. SHORT TITLE.
                                                                                                     both basic and applied, and all development            of each agency represented on the Council
                                               This title may be cited as the ‘‘Safe-                activities.                                            shall designate a representative of that agen-
                                             guarding American Innovation Act’’.                        ‘‘(B) DEVELOPMENT.—The term ‘develop-               cy as the lead representative of the agency
                                             SEC. 5202. FEDERAL RESEARCH SECURITY COUN-              ment’ means experimental development.                  on the Council.
                                                          CIL.
                                                                                                        ‘‘(C) EXPERIMENTAL DEVELOPMENT.—The                    ‘‘(B) FUNCTIONS.—The lead representative
                                               (a) IN GENERAL.—Subtitle V of title 31,               term ‘experimental development’ means cre-             of an agency designated under subparagraph
                                             United States Code, is amended by adding at             ative and systematic work, drawing upon                (A) shall ensure that appropriate personnel,
                                             the end the following:                                  knowledge gained from research and prac-               including leadership and subject matter ex-
                                                  ‘‘CHAPTER 79—FEDERAL RESEARCH                      tical experience, which—                               perts of the agency, are aware of the busi-
                                                           SECURITY COUNCIL                             ‘‘(i) is directed toward the production of          ness of the Council.
                                             ‘‘Sec.                                                  new products or processes or improving ex-                ‘‘(c) CHAIRPERSON.—
                                             ‘‘7901. Definitions.                                    isting products or processes; and                         ‘‘(1) DESIGNATION.—Not later than 45 days
                                             ‘‘7902. Federal Research Security Council es-              ‘‘(ii) like research, will result in gaining        after the date of the enactment of the Safe-
                                                            tablishment and membership.              additional knowledge.                                  guarding American Innovation Act, the Di-
                                             ‘‘7903. Functions and authorities.                         ‘‘(D) RESEARCH.—The term ‘research’—                rector of the Office of Management and
                                             ‘‘7904. Annual report.                                     ‘‘(i) means a systematic study directed to-         Budget shall designate a senior level official
                                             ‘‘7905. Requirements for Executive agencies.            ward fuller scientific knowledge or under-             from the Office of Management and Budget
                                                                                                     standing of the subject studied; and                   to serve as the Chairperson of the Council.
                                             ‘‘§ 7901. Definitions                                                                                             ‘‘(2) FUNCTIONS.—The Chairperson shall
                                                                                                        ‘‘(ii) includes activities involving the
                                                ‘‘In this chapter:                                   training of individuals in research tech-              perform functions that include—
                                                ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT-              niques if such activities—                                ‘‘(A) subject to subsection (d), developing a
                                             TEES.—The term ‘appropriate congressional                  ‘‘(I) utilize the same facilities as other re-      schedule for meetings of the Council;
                                             committees’ means—                                      search and development activities; and                    ‘‘(B) designating Executive agencies to be
                                                ‘‘(A) the Committee on Homeland Security                ‘‘(II) are not included in the instruction          represented on the Council under subsection
                                             and Governmental Affairs of the Senate;                 function.                                              (b)(1)(Q);
                                                ‘‘(B) the Committee on Commerce,                        ‘‘(8) UNITED STATES RESEARCH COMMUNITY.—               ‘‘(C) in consultation with the lead rep-
                                             Science, and Transportation of the Senate;              The term ‘United States research commu-                resentative of each agency represented on
                                                ‘‘(C) the Select Committee on Intelligence           nity’ means—                                           the Council, developing a charter for the
                                             of the Senate;                                             ‘‘(A) research and development centers of           Council; and
                                                ‘‘(D) the Committee on Foreign Relations             Executive agencies;                                       ‘‘(D) not later than 7 days after completion
                                             of the Senate;                                             ‘‘(B) private research and development cen-         of the charter, submitting the charter to the
                                                ‘‘(E) the Committee on Armed Services of             ters in the United States, including for profit        appropriate congressional committees.
                                             the Senate;                                             and nonprofit research institutes;                        ‘‘(3) LEAD SCIENCE ADVISOR.—The Director
                                                ‘‘(F) the Committee on Health, Education,               ‘‘(C) research and development centers at           of the Office of Science and Technology Pol-
                                             Labor, and Pensions of the Senate;                      institutions of higher education (as defined           icy shall designate a senior level official to
                                                ‘‘(G) the Committee on Oversight and Re-             in section 101(a) of the Higher Education Act          be the lead science advisor to the Council for
                                             form of the House of Representatives;                   of 1965 (20 U.S.C. 1001(a)));                          purposes of this chapter.
                                                ‘‘(H) the Committee on Homeland Security                ‘‘(D) research and development centers of              ‘‘(4) LEAD SECURITY ADVISOR.—The Director
                                             of the House of Representatives;                        States, United States territories, Indian              of the National Counterintelligence and Se-
                                                ‘‘(I) the Committee on Energy and Com-               tribes, and municipalities;                            curity Center shall designate a senior level
                                             merce of the House of Representatives;                     ‘‘(E) government-owned, contractor-oper-            official from the National Counterintel-
                                                ‘‘(J) the Permanent Select Committee on              ated United States Government research and             ligence and Security Center to be the lead
                                             Intelligence of the House of Representatives;           development centers; and                               security advisor to the Council for purposes
                                                ‘‘(K) the Committee on Foreign Affairs of               ‘‘(F) any person conducting federally fund-         of this chapter.
                                             the House of Representatives;                           ed research or receiving Federal research                 ‘‘(d) MEETINGS.—The Council shall meet
                                                ‘‘(L) the Committee on Armed Services of             grant funding.                                         not later than 60 days after the date of the
                                             the House of Representatives;                           ‘‘§ 7902. Federal Research Security Council            enactment of the Safeguarding American In-
                                                ‘‘(M) the Committee on Science, Space,                  establishment and membership                        novation Act and not less frequently than
                                             and Technology of the House of Representa-                                                                     quarterly thereafter.
                                                                                                        ‘‘(a) ESTABLISHMENT.—There is established,
                                             tives; and                                              in the Office of Management and Budget, a              ‘‘§ 7903. Functions and authorities
                                                ‘‘(N) the Committee on Education and                 Federal Research Security Council, which                  ‘‘(a) DEFINITIONS.—In this section:
                                             Labor of the House of Representatives.                  shall develop federally funded research and               ‘‘(1) IMPLEMENTING.—The term ‘imple-
                                                ‘‘(2) COUNCIL.—The term ‘Council’ means              development grant making policy and man-               menting’ means working with the relevant
                                             the Federal Research Security Council es-               agement guidance to protect the national               Federal agencies, through existing processes
                                             tablished under section 7902(a).                        and economic security interests of the                 and procedures, to enable those agencies to
                                                ‘‘(3) EXECUTIVE AGENCY.—The term ‘Execu-             United States.                                         put in place and enforce the measures de-




dlhill on DSK120RN23PROD with SENATE
                                             tive agency’ has the meaning given that                    ‘‘(b) MEMBERSHIP.—                                  scribed in this section.
                                             term in section 105 of title 5.                            ‘‘(1) IN GENERAL.—The following agencies               ‘‘(2) UNIFORM APPLICATION PROCESS.—The
                                                ‘‘(4) FEDERAL RESEARCH SECURITY RISK.—               shall be represented on the Council:                   term ‘uniform application process’ means a
                                             The term ‘Federal research security risk’                  ‘‘(A) The Office of Management and Budg-            process employed by Federal science agen-
                                             means the risk posed by malign state actors             et.                                                    cies to maximize the collection of informa-
                                             and other persons to the security and integ-               ‘‘(B) The Office of Science and Technology          tion regarding applicants and applications,
                                             rity of research and development conducted              Policy.                                                as determined by the Council.




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                                             S6042                                             CONGRESSIONAL RECORD — SENATE                                                   September 29, 2022
                                               ‘‘(b) IN GENERAL.—The Chairperson of the              rity, while reducing administrative burden               ‘‘(2) the development of an integrated capa-
                                             Council shall consider the missions and re-             for researchers and research institutions.             bility to monitor and audit information for
                                             sponsibilities of Council members in deter-               ‘‘(10) Engaging with the United States re-           the detection and mitigation of insider
                                             mining the lead agencies for Council func-              search community in conjunction with the               threats, including through—
                                             tions. The Council shall perform the fol-               National Science and Technology Council                  ‘‘(A) monitoring user activity on computer
                                             lowing functions:                                       and the National Academies Science, Tech-              networks controlled by Executive agencies;
                                               ‘‘(1) Developing and implementing, across             nology and Security Roundtable created                   ‘‘(B) providing employees of Executive
                                             all Executive agencies that award research              under section 1746 of the National Defense             agencies with awareness training with re-
                                             and development grants, awards, and con-                Authorization Act for Fiscal Year 2020 (Pub-           spect to insider threats and the responsibil-
                                             tracts, a uniform application process for               lic Law 116–92; 42 U.S.C. 6601 note) in per-           ities of employees to report such threats;
                                             grants in accordance with subsection (c).               forming the functions described in para-                 ‘‘(C) gathering information for a central-
                                               ‘‘(2) Developing and implementing policies            graphs (1), (2), and (3) and with respect to           ized analysis, reporting, and response capa-
                                             and providing guidance to prevent malign                issues relating to Federal research security           bility; and
                                             foreign interference from unduly influencing            risks.                                                   ‘‘(D) information sharing to aid in tracking
                                             the peer review process for federally funded              ‘‘(11) Carrying out such other functions,            the risk individuals may pose while moving
                                             research and development.                               consistent with Federal law, that are nec-             across programs and affiliations;
                                               ‘‘(3) Identifying or developing criteria for          essary to reduce Federal research security               ‘‘(3) the development and implementation
                                             sharing among Executive agencies and with               risks.                                                 of policies and procedures under which the
                                             law enforcement and other agencies, as ap-                ‘‘(c) REQUIREMENTS FOR UNIFORM GRANT                 insider threat program of an Executive agen-
                                             propriate, information regarding individuals            APPLICATION PROCESS.—In developing the                 cy accesses, shares, and integrates informa-
                                             who violate disclosure policies and other               uniform application process for Federal re-            tion and data derived from offices within the
                                             policies related to research security.                  search and development grants required                 agency and shares insider threat information
                                               ‘‘(4) Identifying an appropriate Executive            under subsection (b)(1), the Council shall—            with the executive agency research sponsors;
                                             agency—                                                   ‘‘(1) ensure that the process—                         ‘‘(4) the designation of senior officials with
                                               ‘‘(A) to accept and protect information                 ‘‘(A) requires principal investigators, co-          authority to provide management, account-
                                             submitted by Executive agencies and non-                principal investigators, and key personnel             ability, and oversight of the insider threat
                                             Federal entities based on the process estab-            associated with the proposed Federal re-               program of an Executive agency and to make
                                             lished pursuant to paragraph (1); and                   search or development grant project—                   resource recommendations to the appro-
                                               ‘‘(B) to facilitate the sharing of informa-             ‘‘(i) to disclose biographical information,          priate officials; and
                                             tion received under subparagraph (A) to sup-            all affiliations, including any foreign mili-            ‘‘(5) such additional guidance as is nec-
                                             port, consistent with Federal law—                      tary, foreign government-related organiza-             essary to reflect the distinct needs, missions,
                                               ‘‘(i) the oversight of federally funded re-           tions, and foreign-funded institutions, and            and systems of each Executive agency.
                                             search and development;                                 all current and pending support, including               ‘‘(f) ISSUANCE OF WARNINGS RELATING TO
                                               ‘‘(ii) criminal and civil investigations of           from foreign institutions, foreign govern-             RISKS AND VULNERABILITIES IN INTER-
                                             misappropriated Federal funds, resources,               ments, or foreign laboratories, and all sup-           NATIONAL SCIENTIFIC COOPERATION.—
                                             and information; and                                    port received from foreign sources; and                  ‘‘(1) IN GENERAL.—The Council, in conjunc-
                                               ‘‘(iii) counterintelligence investigations.             ‘‘(ii) to certify the accuracy of the required       tion with the lead security advisor des-
                                               ‘‘(5) Identifying, as appropriate, Executive          disclosures under penalty of perjury; and              ignated under section 7902(c)(4), shall estab-
                                             agencies to provide—                                      ‘‘(B) uses a machine-readable application            lish a process for informing members of the
                                               ‘‘(A) shared services, such as support for            form to assist in identifying fraud and ensur-         United States research community and the
                                             conducting Federal research security risk as-           ing the eligibility of applicants;                     public, through the issuance of warnings de-
                                             sessments, activities to mitigate such risks,             ‘‘(2) design the process—                            scribed in paragraph (2), of potential risks
                                             and oversight and investigations with re-                 ‘‘(A) to reduce the administrative burden            and vulnerabilities in international sci-
                                             spect to grants awarded by Executive agen-              on persons applying for Federal research and           entific cooperation that may undermine the
                                             cies; and                                               development funding; and                               integrity and security of the United States
                                               ‘‘(B) common contract solutions to support              ‘‘(B) to promote information sharing                 research community or place at risk any fed-
                                             the verification of the identities of persons           across the United States research commu-               erally funded research and development.
                                             participating in federally funded research              nity, while safeguarding sensitive informa-              ‘‘(2) CONTENT.—A warning described in this
                                             and development.                                        tion; and                                              paragraph shall include, to the extent the
                                               ‘‘(6) Identifying and issuing guidance, in              ‘‘(3) complete the process not later than 1          Council considers appropriate, a description
                                             accordance with subsection (e) and in coordi-           year after the date of the enactment of the            of—
                                             nation with the National Insider Threat                 Safeguarding American Innovation Act.                    ‘‘(A) activities by the national govern-
                                             Task Force established by Executive Order                 ‘‘(d) REQUIREMENTS FOR INFORMATION SHAR-             ment, local governments, research institu-
                                             13587 (50 U.S.C. 3161 note) for expanding the           ING CRITERIA.—In identifying or developing             tions, or universities of a foreign country—
                                             scope of Executive agency insider threat pro-           criteria and procedures for sharing informa-             ‘‘(i) to exploit, interfere, or undermine re-
                                             grams, including the safeguarding of re-                tion with respect to Federal research secu-            search and development by the United States
                                             search and development from exploitation,               rity risks under subsection (b)(3), the Coun-          research community; or
                                             compromise, or other unauthorized disclo-               cil shall ensure that such criteria address, at          ‘‘(ii) to misappropriate scientific knowl-
                                             sure, taking into account risk levels and the           a minimum—                                             edge resulting from federally funded re-
                                             distinct needs, missions, and systems of each             ‘‘(1) the information to be shared;                  search and development;
                                             such agency.                                              ‘‘(2) the circumstances under which shar-              ‘‘(B) efforts by strategic competitors to ex-
                                               ‘‘(7) Identifying and issuing guidance for            ing is mandated or voluntary;                          ploit the research enterprise of a foreign
                                             developing compliance and oversight pro-                  ‘‘(3) the circumstances under which it is            country that may place at risk—
                                             grams for Executive agencies to ensure that             appropriate for an Executive agency to rely              ‘‘(i) the science and technology of that for-
                                             research and development grant recipients               on information made available through such             eign country; or
                                             accurately report conflicts of interest and             sharing in exercising the responsibilities and           ‘‘(ii) federally funded research and develop-
                                             conflicts of commitment in accordance with              authorities of the agency under applicable             ment; and
                                             subsection (c)(1). Such programs shall in-              laws relating to the award of grants;                    ‘‘(C) practices within the research enter-
                                             clude an assessment of—                                   ‘‘(4) the procedures for protecting intellec-        prise of a foreign country that do not adhere
                                               ‘‘(A) a grantee’s support from foreign                tual capital that may be present in such in-           to the United States scientific values of
                                             sources and affiliations, appointments, or              formation; and                                         openness, transparency, reciprocity, integ-
                                             participation in talent programs with for-                ‘‘(5) appropriate privacy protections for            rity, and merit-based competition.
                                             eign funding institutions or laboratories; and          persons involved in Federal research and de-             ‘‘(g) EXCLUSION ORDERS.—To reduce Fed-
                                               ‘‘(B) the impact of such support and affili-          velopment.                                             eral research security risk, the Interagency
                                             ations, appointments, or participation in tal-            ‘‘(e) REQUIREMENTS FOR INSIDER THREAT                Suspension and Debarment Committee shall
                                             ent programs on United States national se-              PROGRAM GUIDANCE.—In identifying or devel-             provide quarterly reports to the Director of
                                             curity and economic interests.                          oping guidance with respect to insider threat          the Office of Management and Budget and
                                               ‘‘(8) Providing guidance to Executive agen-           programs under subsection (b)(6), the Council          the Director of the Office of Science and
                                             cies regarding appropriate application of               shall ensure that such guidance provides for,          Technology Policy that detail—
                                             consequences for violations of disclosure re-           at a minimum—                                            ‘‘(1) the number of ongoing investigations




dlhill on DSK120RN23PROD with SENATE
                                             quirements.                                               ‘‘(1) such programs—                                 by Council Members related to Federal re-
                                               ‘‘(9) Developing and implementing a cross-              ‘‘(A) to deter, detect, and mitigate insider         search security that may result, or have re-
                                             agency policy and providing guidance related            threats; and                                           sulted, in agency pre-notice letters, suspen-
                                             to the use of digital persistent identifiers for          ‘‘(B) to leverage counterintelligence, secu-         sions, proposed debarments, and debarments;
                                             individual researchers supported by, or                 rity, information assurance, and other rel-              ‘‘(2) Federal agencies’ performance and
                                             working on, any Federal research grant with             evant functions and resources to identify and          compliance with interagency suspensions
                                             the goal to enhance transparency and secu-              counter insider threats; and                           and debarments;




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                                             September 29, 2022                                            CONGRESSIONAL RECORD — SENATE                                                                      S6043
                                                ‘‘(3) efforts by the Interagency Suspension                         ‘agency’ in section 551 of title 5, United              ‘‘(C) fails to disclose a material fact.
                                             and Debarment Committee to mitigate Fed-                               States Code.                                            ‘‘(c) EXCEPTION.—Subsection (b) does not
                                             eral research security risk;                                             ‘‘(2) FEDERAL GRANT.—The term ‘Federal             apply to an activity—
                                                ‘‘(4) proposals for developing a unified Fed-                       grant’—                                                 ‘‘(1) carried out in connection with a law-
                                             eral policy on suspensions and debarments;                               ‘‘(A) means a grant awarded by a Federal           fully authorized investigative, protective, or
                                             and                                                                    agency;                                              intelligence activity of—
                                                ‘‘(5) other current suspension and debar-                             ‘‘(B) includes a subgrant awarded by a non-           ‘‘(A) a law enforcement agency; or
                                             ment related issues.                                                   Federal entity to carry out a Federal grant             ‘‘(B) a Federal intelligence agency; or
                                                ‘‘(h) SAVINGS PROVISION.—Nothing in this                            program; and                                            ‘‘(2) authorized under chapter 224.
                                             section may be construed—                                                ‘‘(C) does not include—                               ‘‘(d) PENALTY.—Any individual who vio-
                                                ‘‘(1) to alter or diminish the authority of                           ‘‘(i) direct United States Government cash         lates subsection (b)—
                                             any Federal agency; or                                                 assistance to an individual;                            ‘‘(1) shall be fined in accordance with this
                                                ‘‘(2) to alter any procedural requirements                            ‘‘(ii) a subsidy;                                  title, imprisoned for not more than 5 years,
                                             or remedies that were in place before the                                ‘‘(iii) a loan;                                    or both, in accordance with the level of se-
                                             date of the enactment of the Safeguarding                                ‘‘(iv) a loan guarantee; or                        verity of that individual’s violation of sub-
                                             American Innovation Act.                                                 ‘‘(v) insurance.                                   section (b); and
                                             ‘‘§ 7904. Annual report                                                  ‘‘(3) FEDERAL GRANT APPLICATION.—The                  ‘‘(2) shall be prohibited from receiving a
                                                ‘‘Not later than November 15 of each year,                          term ‘Federal grant application’ means an            Federal grant during the 5-year period begin-
                                             the Chairperson of the Council shall submit                            application for a Federal grant.                     ning on the date on which a sentence is im-
                                             a report to the appropriate congressional                                ‘‘(4) FOREIGN COMPENSATION.—The term               posed on the individual under paragraph
                                             committees that describes the activities of                            ‘foreign compensation’ means a title, mone-          (1).’’.
                                             the Council during the preceding fiscal year.                          tary compensation, access to a laboratory or            (b) CLERICAL AMENDMENT.—The analysis
                                                                                                                    other resource, or other benefit received            for chapter 47 of title 18, United States Code,
                                             ‘‘§ 7905. Requirements for Executive agencies
                                                                                                                    from—                                                is amended by adding at the end the fol-
                                                ‘‘(a) IN GENERAL.—The head of each Execu-                             ‘‘(A) a foreign government;
                                             tive agency on the Council shall be respon-                                                                                 lowing:
                                                                                                                      ‘‘(B) a foreign government institution; or
                                             sible for—                                                               ‘‘(C) a foreign public enterprise.                 ‘‘1041. Federal grant application fraud.’’.
                                                ‘‘(1) assessing Federal research security                             ‘‘(5) FOREIGN GOVERNMENT.—The term ‘for-           SEC. 5204. RESTRICTING THE ACQUISITION OF
                                             risks posed by persons participating in feder-                         eign government’ includes a person acting or                     EMERGING TECHNOLOGIES BY CER-
                                             ally funded research and development;                                                                                                   TAIN ALIENS.
                                                                                                                    purporting to act on behalf of—
                                                ‘‘(2) avoiding or mitigating such risks, as                           ‘‘(A) a faction, party, department, agency,          (a) IN GENERAL.—The Secretary of State
                                             appropriate and consistent with the stand-                             bureau, subnational administrative entity,           may impose the sanctions described in sub-
                                             ards, guidelines, requirements, and practices                          or military of a foreign country; or                 section (c) if the Secretary determines an
                                             identified by the Council under section                                  ‘‘(B) a foreign government or a person pur-        alien is seeking to enter the United States to
                                             7903(b);                                                               porting to act as a foreign government, re-          knowingly acquire sensitive or emerging
                                                ‘‘(3) prioritizing Federal research security                        gardless of whether the United States recog-         technologies to undermine national security
                                             risk assessments conducted under paragraph                             nizes the government.                                interests of the United States by benefitting
                                             (1) based on the applicability and relevance                             ‘‘(6) FOREIGN GOVERNMENT INSTITUTION.—             an adversarial foreign government’s security
                                             of the research and development to the na-                             The term ‘foreign government institution’            or strategic capabilities.
                                             tional security and economic competitive-                              means a foreign entity owned by, subject to            (b) RELEVANT FACTORS.—To determine
                                             ness of the United States;                                             the control of, or subject to regulation by a        whether to impose sanctions under sub-
                                                ‘‘(4) ensuring that initiatives impacting                           foreign government.                                  section (a), the Secretary of State shall—
                                             Federally funded research grant making pol-                              ‘‘(7) FOREIGN PUBLIC ENTERPRISE.—The                 (1) take account of information and anal-
                                             icy and management to protect the national                             term ‘foreign public enterprise’ means an en-        yses relevant to implementing subsection (a)
                                             and economic security interests of the                                 terprise over which a foreign government di-         from the Office of the Director of National
                                             United States are integrated with the activi-                          rectly or indirectly exercises a dominant in-        Intelligence, the Department of Health and
                                             ties of the Council; and                                               fluence.                                             Human Services, the Department of Defense,
                                                ‘‘(5) ensuring that the initiatives of the                            ‘‘(8) LAW ENFORCEMENT AGENCY.—The term             the Department of Homeland Security, the
                                             Council comply with title VI of the Civil                              ‘law enforcement agency’—                            Department of Energy, the Department of
                                             Rights Act of 1964 (42 U.S.C. 2000d et seq.).                            ‘‘(A) means a Federal, State, local, or Trib-      Commerce, and other appropriate Federal
                                                ‘‘(b) INCLUSIONS.—The responsibility of the                         al law enforcement agency; and                       agencies;
                                             head of an Executive agency for assessing                                ‘‘(B) includes—                                      (2) take account of the continual expert as-
                                             Federal research security risk described in                              ‘‘(i) the Office of Inspector General of an        sessments of evolving sensitive or emerging
                                             subsection (a) includes—                                               establishment (as defined in section 12 of the       technologies that foreign adversaries are
                                                ‘‘(1) developing an overall Federal research                        Inspector General Act of 1978 (5 U.S.C. App.))       targeting;
                                             security risk management strategy and im-                              or a designated Federal entity (as defined in          (3) take account of relevant information
                                             plementation plan and policies and processes                           section 8G(a) of the Inspector General Act of        concerning the foreign person’s employment
                                             to guide and govern Federal research secu-                             1978 (5 U.S.C. App.)); and                           or collaboration, to the extent known,
                                             rity risk management activities by the Exec-                             ‘‘(ii) the Office of Inspector General, or         with—
                                             utive agency;                                                          similar office, of a State or unit of local gov-       (A) foreign military and security related
                                                ‘‘(2) integrating Federal research security                         ernment.                                             organizations that are adversarial to the
                                             risk management practices throughout the                                 ‘‘(9) OUTSIDE COMPENSATION.—The term               United States;
                                             lifecycle of the grant programs of the Execu-                          ‘outside compensation’ means any com-                  (B) foreign institutions involved in the
                                             tive agency;                                                           pensation, resource, or support (regardless of       theft of United States research;
                                                ‘‘(3) sharing relevant information with                             monetary value) made available to the appli-           (C) entities involved in export control vio-
                                             other Executive agencies, as determined ap-                            cant in support of, or related to, any re-           lations or the theft of intellectual property;
                                             propriate by the Council in a manner con-                              search endeavor, including a title, research           (D) a government that seeks to undermine
                                             sistent with section 7903; and                                         grant, cooperative agreement, contract, in-          the integrity and security of the United
                                                ‘‘(4) reporting on the effectiveness of the                         stitutional award, access to a laboratory, or        States research community; or
                                             Federal research security risk management                              other resource, including materials, travel            (E) other associations or collaborations
                                             strategy of the Executive agency consistent                            compensation, or work incentives.                    that pose a national security threat based on
                                             with guidance issued by the Office of Man-                               ‘‘(b) PROHIBITION.—It shall be unlawful for        intelligence assessments; and
                                             agement and Budget and the Council.’’.                                 any individual to knowingly—                           (4) weigh the proportionality of risks and
                                                (b) CLERICAL AMENDMENT.—The table of                                  ‘‘(1) prepare or submit a Federal grant ap-        the factors listed in paragraphs (1) through
                                             chapters at the beginning of title 31, United                          plication that fails to disclose the receipt of      (3).
                                             States Code, is amended by inserting after                             any outside compensation, including foreign            (c) SANCTIONS DESCRIBED.—The sanctions
                                             the item relating to chapter 77 the following:                         compensation, by the individual, the value of        described in this subsection are the fol-
                                             ‘‘79. Federal Research Security Coun-                                  which is not less than $1,000;                       lowing:
                                                   cil ................................................. 7901.’’.     ‘‘(2) forge, counterfeit, or otherwise falsify       (1) INELIGIBILITY FOR VISAS AND ADMISSION
                                             SEC.     5203.    FEDERAL          GRANT        APPLICATION            a document for the purpose of obtaining a            TO THE UNITED STATES.—An alien described in
                                                              FRAUD.                                                Federal grant; or                                    subsection (a) may be—




dlhill on DSK120RN23PROD with SENATE
                                                (a) IN GENERAL.—Chapter 47 of title 18,                               ‘‘(3) prepare, submit, or assist in the prepa-       (A) inadmissible to the United States;
                                             United States Code, is amended by adding at                            ration or submission of a Federal grant ap-            (B) ineligible to receive a visa or other doc-
                                             the end the following:                                                 plication or document in connection with a           umentation to enter the United States; and
                                             ‘‘§ 1041. Federal grant application fraud                              Federal grant application that—                        (C) otherwise ineligible to be admitted or
                                                ‘‘(a) DEFINITIONS.—In this section:                                   ‘‘(A) contains a material false statement;         paroled into the United States or to receive
                                                ‘‘(1) FEDERAL AGENCY.—The term ‘Federal                               ‘‘(B) contains a material misrepresenta-           any other benefit under the Immigration and
                                             agency’ has the meaning given the term                                 tion; or                                             Nationality Act (8 U.S.C. 1101 et seq.).




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                                             S6044                                             CONGRESSIONAL RECORD — SENATE                                                   September 29, 2022
                                                (2) CURRENT VISAS REVOKED.—                            (c) REQUIREMENT.—                                       Subtitle D—Advancing American AI Act
                                                (A) IN GENERAL.—An alien described in sub-             (1) IN GENERAL.—Not later than 180 days              SEC. 5231. SHORT TITLE.
                                             section (a) is subject to revocation of any             after the date of enactment of this Act, the             This subtitle may be cited as the ‘‘Advanc-
                                             visa or other entry documentation regardless            President, the Sergeant at Arms and Door-              ing American AI Act’’.
                                             of when the visa or other entry documenta-              keeper of the Senate, and the Chief Adminis-           SEC. 5232. PURPOSES.
                                             tion is or was issued.                                  trative Officer of the House of Representa-              The purposes of this subtitle are to—
                                                (B) IMMEDIATE EFFECT.—A revocation                   tives, in consultation with appropriate offi-            (1) encourage agency artificial intel-
                                             under clause (A) shall take effect imme-                cials, shall enter into 1 or more cybersecu-           ligence-related programs and initiatives that
                                             diately, and automatically cancel any other             rity information sharing agreements to en-             enhance the competitiveness of the United
                                             valid visa or entry documentation that is in            hance collaboration between the executive              States and foster an approach to artificial
                                             the alien’s possession, in accordance with              branch and Congress on implementing cyber-             intelligence that builds on the strengths of
                                             section 221(i) of the Immigration and Nation-           security measures to improve the protection            the United States in innovation and
                                             ality Act.                                              of legislative branch information tech-
                                                                                                                                                            entrepreneurialism;
                                                (3) EXCEPTION TO COMPLY WITH INTER-                  nology.
                                                                                                                                                              (2) enhance the ability of the Federal Gov-
                                             NATIONAL OBLIGATIONS.—The sanctions de-                   (2) DELEGATION.—If the President delegates
                                                                                                                                                            ernment to translate research advances into
                                             scribed in this subsection shall not apply              the duties under paragraph (1), the designee
                                                                                                                                                            artificial intelligence applications to mod-
                                             with respect to an alien if admitting or pa-            of the President shall coordinate with appro-
                                                                                                                                                            ernize systems and assist agency leaders in
                                             roling the alien into the United States is              priate Executive agencies (as defined in sec-
                                                                                                                                                            fulfilling their missions;
                                             necessary to permit the United States to                tion 105 of title 5, United States Code, in-
                                                                                                                                                              (3) promote adoption of modernized busi-
                                             comply with the Agreement regarding the                 cluding the Executive Office of the Presi-
                                                                                                                                                            ness practices and advanced technologies
                                             Headquarters of the United Nations, signed              dent) and appropriate officers in the execu-
                                                                                                                                                            across the Federal Government that align
                                             at Lake Success June 26, 1947, and entered              tive branch in entering any agreement de-
                                                                                                                                                            with the values of the United States, includ-
                                             into force November 21, 1947, between the               scribed in paragraph (1).
                                                                                                       (d) ELEMENTS.—The parties to a cybersecu-            ing the protection of privacy, civil rights,
                                             United Nations and the United States, or                                                                       and civil liberties; and
                                             other applicable international obligations.             rity information sharing agreement under
                                                                                                     subsection (c) shall jointly develop such ele-           (4) test and harness applied artificial intel-
                                                (d) REPORTING REQUIREMENT.—Not later                                                                        ligence to enhance mission effectiveness and
                                             than 180 days after the date of the enactment           ments of the agreement as the parties find
                                                                                                     appropriate, which may include—                        business practice efficiency.
                                             of this Act, and semi-annually thereafter                                                                      SEC. 5233. DEFINITIONS.
                                             until the sunset date set forth in subsection             (1) direct and timely sharing of technical
                                                                                                     indicators and contextual information on                  In this subtitle:
                                             (f), the Secretary of State, in coordination                                                                      (1) AGENCY.—The term ‘‘agency’’ has the
                                             with the Director of National Intelligence,             cyber threats and vulnerabilities, and the
                                                                                                     means for such sharing;                                meaning given the term in section 3502 of
                                             the Director of the Office of Science and                                                                      title 44, United States Code.
                                             Technology Policy, the Secretary of Home-                 (2) direct and timely sharing of classified
                                                                                                     and unclassified reports on cyber threats and             (2) APPROPRIATE CONGRESSIONAL COMMIT-
                                             land Security, the Secretary of Defense, the                                                                   TEES.—The term ‘‘appropriate congressional
                                             Secretary of Energy, the Secretary of Com-              activities consistent with the protection of
                                                                                                     sources and methods;                                   committees’’ means—
                                             merce, and the heads of other appropriate                                                                         (A) the Committee on Homeland Security
                                             Federal agencies, shall submit a report to                (3) seating of cybersecurity personnel of
                                                                                                     the Office of the Sergeant at Arms and Door-           and Governmental Affairs of the Senate; and
                                             the Committee on the Judiciary of the Sen-                                                                        (B) the Committee on Oversight and Re-
                                             ate, the Committee on Foreign Relations of              keeper of the Senate or the Office of the
                                                                                                     Chief Administrative Officer of the House of           form of the House of Representatives.
                                             the Senate, the Committee on Homeland Se-                                                                         (3) ARTIFICIAL INTELLIGENCE.—The term
                                             curity and Governmental Affairs of the Sen-             Representatives at cybersecurity operations
                                                                                                     centers; and                                           ‘‘artificial intelligence’’ has the meaning
                                             ate, the Committee on the Judiciary of the                                                                     given the term in section 238(g) of the John
                                             House of Representatives, the Committee on                (4) any other elements the parties find ap-
                                                                                                     propriate.                                             S. McCain National Defense Authorization
                                             Foreign Affairs of the House of Representa-                                                                    Act for Fiscal Year 2019 (10 U.S.C. 2358 note).
                                                                                                       (e) BRIEFING TO CONGRESS.—Not later than
                                             tives, and the Committee on Oversight and                                                                         (4) ARTIFICIAL INTELLIGENCE SYSTEM.—The
                                                                                                     210 days after the date of enactment of this
                                             Reform of the House of Representatives that                                                                    term ‘‘artificial intelligence system’’—
                                                                                                     Act, and periodically thereafter, the Presi-
                                             identifies—                                                                                                       (A) means any data system, software, ap-
                                                                                                     dent shall brief the Committee on Homeland
                                                (1) any criteria, if relevant used to describe                                                              plication, tool, or utility that operates in
                                                                                                     Security and Governmental Affairs and the
                                             the alien in subsection (a);                            Committee on Rules and Administration of               whole or in part using dynamic or static ma-
                                                (2) the number of individuals determined             the Senate, the Committee on Homeland Se-              chine learning algorithms or other forms of
                                             to be subject to sanctions under subsection             curity and the Committee on House Admin-               artificial intelligence, whether—
                                             (a), including the nationality of each such             istration of the House of Representatives,                (i) the data system, software, application,
                                             individual and the reasons for each sanctions           and appropriate officials on the status of the         tool, or utility is established primarily for
                                             determination; and                                      implementation of the agreements required              the purpose of researching, developing, or
                                                (3) the number of days from the date of the          under subsection (c).                                  implementing artificial intelligence tech-
                                             consular interview until a final decision is                Subtitle C—Improving Government for                nology; or
                                             issued for each application for a visa consid-                       America’s Taxpayers                          (ii) artificial intelligence capability is in-
                                             ered under this section, listed by applicants’                                                                 tegrated into another system or agency busi-
                                                                                                     SEC. 5221. GOVERNMENT ACCOUNTABILITY OF-
                                             country of citizenship and relevant con-                                                                       ness process, operational activity, or tech-
                                                                                                                 FICE UNIMPLEMENTED PRIORITY
                                             sulate.                                                             RECOMMENDATIONS.                           nology system; and
                                                (e) CLASSIFICATION OF REPORT.—Each re-                 The Comptroller General of the United                   (B) does not include any common commer-
                                             port required under subsection (d) shall be             States shall, as part of the Comptroller Gen-          cial product within which artificial intel-
                                             submitted, to the extent practicable, in an             eral’s annual reporting to committees of               ligence is embedded, such as a word proc-
                                             unclassified form, but may be accompanied               Congress—                                              essor or map navigation system.
                                             by a classified annex.                                    (1) consolidate Matters for Congressional               (C)
                                                (f) SUNSET.—This section shall cease to be           Consideration from the Government Ac-                     (5) DEPARTMENT.—The term ‘‘Department’’
                                             effective on the date that is 2 years after the         countability Office in one report organized            means the Department of Homeland Secu-
                                             date of the enactment of this Act.                      by policy topic that includes the amount of            rity.
                                             Subtitle B—Intragovernmental Cybersecurity              time such Matters have been unimplemented                 (6) DIRECTOR.—The term ‘‘Director’’ means
                                                         Information Sharing Act                     and submit such report to congressional                the Director of the Office of Management
                                             SEC. 5211. REQUIREMENT FOR INFORMATION                  leadership and the oversight committees of             and Budget.
                                                        SHARING AGREEMENTS.                          each House;                                            SEC. 5234. PRINCIPLES AND POLICIES FOR USE
                                               (a) SHORT TITLE.—This section may be                    (2) with respect to the annual letters sent                      OF ARTIFICIAL INTELLIGENCE IN
                                             cited as the ‘‘Intragovernmental Cybersecu-             by the Comptroller General to individual                           GOVERNMENT.
                                             rity Information Sharing Act’’.                         agency heads and relevant congressional                  (a) GUIDANCE.—The Director shall, when
                                               (b) APPROPRIATE OFFICIALS DEFINED.—In                 committees on the status of unimplemented              developing the guidance required under sec-
                                             this section, the term ‘‘appropriate officials’’        priority recommendations, identify any ad-             tion 104(a) of the AI in Government Act of
                                             means—                                                  ditional congressional oversight actions that          2020 (title I of division U of Public Law 116–
                                               (1) the Majority Leader, Minority Leader,             can help agencies implement such priority              260), consider—
                                             and the Secretary of the Senate with respect            recommendations and address any under-                   (1) the considerations and recommended




dlhill on DSK120RN23PROD with SENATE
                                             to an agreement with the Sergeant at Arms               lying issues relating to such implementa-              practices identified by the National Security
                                             and Doorkeeper of the Senate; and                       tion;                                                  Commission on Artificial Intelligence in the
                                               (2) the Speaker, the Minority Leader, and               (3) make publicly available the informa-             report entitled ‘‘Key Considerations for the
                                             the Sergeant at Arms of the House of Rep-               tion described in paragraphs (1) and (2); and          Responsible Development and Fielding of
                                             resentatives with respect to an agreement                 (4)   publish    any    known    costs   of          AI’’, as updated in April 2021;
                                             with the Chief Administrative Officer of the            unimplemented priority recommendations, if               (2) the principles articulated in Executive
                                             House of Representatives.                               applicable.                                            Order 13960 (85 Fed. Reg. 78939; relating to




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                                             September 29, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S6045
                                             promoting the use of trustworthy artificial             processed, stored, maintained, disseminated,           agency coordination and information sharing
                                             intelligence in Government); and                        disclosed, or disposed of by a contractor or           for common use cases.
                                               (3) the input of—                                     subcontractor on behalf of the Federal Gov-            SEC.   5236. RAPID PILOT, DEPLOYMENT AND
                                               (A) the Privacy and Civil Liberties Over-             ernment; and                                                       SCALE OF APPLIED ARTIFICIAL IN-
                                             sight Board;                                              (iv) include considerations for securing the                     TELLIGENCE CAPABILITIES TO DEM-
                                               (B) relevant interagency councils, such as            training data, algorithms, and other compo-                        ONSTRATE MODERNIZATION ACTIVI-
                                                                                                                                                                        TIES RELATED TO USE CASES.
                                             the Federal Privacy Council, the Chief Infor-           nents of any artificial intelligence system
                                             mation Officers Council, and the Chief Data                                                                      (a)   IDENTIFICATION OF USE CASES.—Not
                                                                                                     against misuse, unauthorized alteration,
                                             Officers Council;                                                                                              later than 270 days after the date of enact-
                                                                                                     degradation, or rendering inoperable; and
                                               (C) other governmental and nongovern-                                                                        ment of this Act, the Director, in consulta-
                                                                                                       (B) address any other issue or concern de-
                                             mental privacy, civil rights, and civil lib-                                                                   tion with the Chief Information Officers
                                                                                                     termined to be relevant by the Director to
                                             erties experts; and                                                                                            Council, the Chief Data Officers Council, and
                                                                                                     ensure appropriate use and protection of pri-
                                               (D) any other individual or entity the Di-                                                                   other interagency bodies as determined to be
                                                                                                     vacy and Government data and other infor-
                                             rector determines to be appropriate.                                                                           appropriate by the Director, shall identify 4
                                                                                                     mation.
                                               (b) DEPARTMENT POLICIES AND PROCESSES                                                                        new use cases for the application of artificial
                                                                                                       (2) CONSULTATION.—In developing the con-             intelligence-enabled systems to support
                                             FOR PROCUREMENT AND USE OF ARTIFICIAL IN-               siderations under paragraph (1)(A)(iv), the
                                             TELLIGENCE-ENABLED        SYSTEMS.—Not later                                                                   interagency or intra-agency modernization
                                                                                                     Director shall consult with the Secretary of           initiatives that require linking multiple
                                             than 180 days after the date of enactment of            Homeland Security, the Director of the Na-
                                             this Act—                                                                                                      siloed internal and external data sources,
                                                                                                     tional Institute of Standards and Tech-                consistent with applicable laws and policies,
                                               (1) the Secretary of Homeland Security,               nology, and the Director of National Intel-
                                             with the participation of the Chief Procure-                                                                   including those relating to the protection of
                                                                                                     ligence.                                               privacy and of sensitive law enforcement, na-
                                             ment Officer, the Chief Information Officer,              (3) REVIEW.—The Director—
                                             the Chief Privacy Officer, and the Officer for                                                                 tional security, and other protected informa-
                                                                                                       (A) should continuously update the means             tion.
                                             Civil Rights and Civil Liberties of the De-             developed under paragraph (1); and
                                             partment and any other person determined                                                                         (b) PILOT PROGRAM.—
                                                                                                       (B) not later than 2 years after the date of           (1) PURPOSES.—The purposes of the pilot
                                             to be relevant by the Secretary of Homeland             enactment of this Act and not less fre-
                                             Security, shall issue policies and procedures                                                                  program under this subsection include—
                                                                                                     quently than every 2 years thereafter, shall             (A) to enable agencies to operate across or-
                                             for the Department related to—                          update the means developed under paragraph
                                               (A) the acquisition and use of artificial in-                                                                ganizational boundaries, coordinating be-
                                                                                                     (1).                                                   tween existing established programs and
                                             telligence; and                                           (4) BRIEFING.—The Director shall brief the
                                               (B) considerations for the risks and im-                                                                     silos to improve delivery of the agency mis-
                                                                                                     appropriate congressional committees—                  sion; and
                                             pacts related to artificial intelligence-en-              (A) not later than 90 days after the date of
                                             abled systems, including associated data of                                                                      (B) to demonstrate the circumstances
                                                                                                     enactment of this Act and thereafter on a              under which artificial intelligence can be
                                             machine learning systems, to ensure that                quarterly basis until the Director first im-
                                             full consideration is given to—                                                                                used to modernize or assist in modernizing
                                                                                                     plements the means developed under para-               legacy agency systems.
                                               (i) the privacy, civil rights, and civil lib-         graph (1); and
                                             erties impacts of artificial intelligence-en-                                                                    (2) DEPLOYMENT AND PILOT.—Not later than
                                                                                                       (B) annually thereafter on the implemen-             1 year after the date of enactment of this
                                             abled systems; and                                      tation of this subsection.
                                               (ii) security against misuse, degradation,                                                                   Act, the Director, in coordination with the
                                                                                                       (5) SUNSET.—This subsection shall cease to           heads of relevant agencies and other officials
                                             or rending inoperable of artificial intel-              be effective on the date that is 5 years after
                                             ligence-enabled systems; and                                                                                   as the Director determines to be appropriate,
                                                                                                     the date of enactment of this Act.                     shall ensure the initiation of the piloting of
                                               (2) the Chief Privacy Officer and the Offi-
                                                                                                     SEC. 5235. AGENCY INVENTORIES AND ARTIFI-              the 4 new artificial intelligence use case ap-
                                             cer for Civil Rights and Civil Liberties of the                     CIAL INTELLIGENCE USE CASES.
                                             Department shall report to Congress on any                                                                     plications identified under subsection (a),
                                                                                                       (a) INVENTORY.—Not later than 60 days                leveraging commercially available tech-
                                             additional staffing or funding resources that
                                                                                                     after the date of enactment of this Act, and           nologies and systems to demonstrate scal-
                                             may be required to carry out the require-
                                                                                                     continuously thereafter for a period of 5              able artificial intelligence-enabled capabili-
                                             ments of this subsection.
                                               (c) INSPECTOR GENERAL.—Not later than 180             years, the Director, in consultation with the          ties to support the use cases identified under
                                             days after the date of enactment of this Act,           Chief Information Officers Council, the Chief          subsection (a).
                                             the Inspector General of the Department                 Data Officers Council, and other interagency             (3) RISK EVALUATION AND MITIGATION
                                             shall identify any training and investments             bodies as determined to be appropriate by              PLAN.—In carrying out paragraph (2), the Di-
                                             needed to enable employees of the Office of             the Director, shall require the head of each           rector shall require the heads of agencies
                                             the Inspector General to continually advance            agency to—                                             to—
                                             their understanding of—                                   (1) prepare and maintain an inventory of               (A) evaluate risks in utilizing artificial in-
                                               (1) artificial intelligence systems;                  the artificial intelligence use cases of the           telligence systems; and
                                               (2) best practices for governance, over-              agency, including current and planned uses;              (B) develop a risk mitigation plan to ad-
                                             sight, and audits of the use of artificial intel-         (2) share agency inventories with other              dress those risks, including consideration
                                             ligence systems; and                                    agencies, to the extent practicable and con-           of—
                                               (3) how the Office of the Inspector General           sistent with applicable law and policy, in-              (i) the artificial intelligence system not
                                             is using artificial intelligence to enhance             cluding those concerning protection of pri-            performing as expected;
                                             audit and investigative capabilities, includ-           vacy and of sensitive law enforcement, na-               (ii) the lack of sufficient or quality train-
                                             ing actions to—                                         tional security, and other protected informa-          ing data; and
                                               (A) ensure the integrity of audit and inves-          tion; and                                                (iii) the vulnerability of a utilized artifi-
                                             tigative results; and                                     (3) make agency inventories available to             cial intelligence system to unauthorized ma-
                                               (B) guard against bias in the selection and           the public, in a manner determined by the              nipulation or misuse.
                                             conduct of audits and investigations.                   Director, and to the extent practicable and              (4) PRIORITIZATION.—In carrying out para-
                                               (d) ARTIFICIAL INTELLIGENCE HYGIENE AND               in accordance with applicable law and pol-             graph (2), the Director shall prioritize mod-
                                             PROTECTION OF GOVERNMENT INFORMATION,                   icy, including those concerning the protec-            ernization projects that—
                                             PRIVACY, CIVIL RIGHTS, AND CIVIL LIB-                   tion of privacy and of sensitive law enforce-            (A) would benefit from commercially avail-
                                             ERTIES.—                                                ment, national security, and other protected           able privacy-preserving techniques, such as
                                               (1) ESTABLISHMENT.—Not later than 1 year              information.                                           use of differential privacy, federated learn-
                                             after the date of enactment of this Act, the              (b) CENTRAL INVENTORY.—The Director is               ing, and secure multiparty computing; and
                                             Director, in consultation with a working                encouraged to designate a host entity and                (B) otherwise take into account consider-
                                             group consisting of members selected by the             ensure the creation and maintenance of an              ations of civil rights and civil liberties.
                                             Director from appropriate interagency coun-             online public directory to—                              (5) USE CASE MODERNIZATION APPLICATION
                                             cils, shall develop an initial means by which             (1) make agency artificial intelligence use          AREAS.—Use case modernization application
                                             to—                                                     case information available to the public and           areas described in paragraph (2) shall include
                                               (A) ensure that contracts for the acquisi-            those wishing to do business with the Fed-             not less than 1 from each of the following
                                             tion of an artificial intelligence system or            eral Government; and                                   categories:
                                             service—                                                  (2) identify common use cases across agen-             (A) Applied artificial intelligence to drive
                                               (i) align with the guidance issued to the             cies.                                                  agency productivity efficiencies in predictive




dlhill on DSK120RN23PROD with SENATE
                                             head of each agency under section 104(a) of               (c) SHARING.—The sharing of agency inven-            supply chain and logistics, such as—
                                             the AI in Government Act of 2020 (title I of            tories described in subsection (a)(2) may be             (i) predictive food demand and optimized
                                             division U of Public Law 116–260);                      coordinated through the Chief Information              supply;
                                               (ii) address protection of privacy, civil             Officers Council, the Chief Data Officers                (ii) predictive medical supplies and equip-
                                             rights, and civil liberties;                            Council, the Chief Financial Officers Coun-            ment demand and optimized supply; or
                                               (iii) address the ownership and security of           cil, the Chief Acquisition Officers Council, or          (iii) predictive logistics to accelerate dis-
                                             data and other information created, used,               other interagency bodies to improve inter-             aster preparedness, response, and recovery.




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                                             S6046                                             CONGRESSIONAL RECORD — SENATE                                                   September 29, 2022
                                               (B) Applied artificial intelligence to accel-            ‘‘(2)   PROTOTYPE    PROJECTS.—The      Sec-          (4) scientists who are studying electric ve-
                                             erate agency investment return and address              retary—                                                hicle batteries and reuse and recycling solu-
                                             mission-oriented challenges, such as—                      ‘‘(A) may, under the authority of para-             tions;
                                               (i) applied artificial intelligence portfolio         graph (1), carry out prototype projects under            (5) laboratories, companies, colleges, uni-
                                             management for agencies;                                section 4022 of title 10, United States Code;          versities, or start-ups engaged in battery
                                               (ii) workforce development and upskilling;            and                                                    use, reuse, and recycling research;
                                               (iii) redundant and laborious analyses;                  ‘‘(B) in applying the authorities of such             (6) industries interested in electric vehicle
                                               (iv) determining compliance with Govern-              section 4022, the Secretary shall perform the          battery reuse and recycling;
                                             ment requirements, such as with grants                  functions of the Secretary of Defense as pre-            (7) electric vehicle equipment manufactur-
                                             management; or                                          scribed in such section.’’;                            ers and recyclers; and
                                               (v) outcomes measurement to measure eco-                 (2) in subsection (c)(1), by striking ‘‘Sep-          (8) any other relevant entities, as deter-
                                             nomic and social benefits.                              tember 30, 2017’’ and inserting ‘‘September            mined by the Administrator and Director.
                                               (6) REQUIREMENTS.—Not later than 3 years              30, 2024’’; and                                          (e) REPORT.—
                                             after the date of enactment of this Act, the               (3) in subsection (d), by striking ‘‘section          (1) IN GENERAL.—Not later than 3 years
                                             Director, in coordination with the heads of             845(e)’’ and all that follows and inserting            after the date of enactment of this Act, the
                                             relevant agencies and other officials as the            ‘‘section 4022(e) of title 10, United States           Administrator and the Director shall submit
                                             Director determines to be appropriate, shall            Code.’’.                                               to the appropriate congressional committees
                                             establish an artificial intelligence capability            (c) COMMERCIAL OFF THE SHELF SUPPLY                 a report that describes the strategic plan re-
                                             within each of the 4 use case pilots under              CHAIN RISK MANAGEMENT TOOLS.—The Gen-                  quired under subsection (a).
                                             this subsection that—                                   eral Services Administration is encouraged               (2) BRIEFING.—Not later than 4 years after
                                               (A) solves data access and usability issues           to pilot commercial off the shelf supply               the date of enactment of this Act, the Ad-
                                             with automated technology and eliminates                chain risk management tools to improve the             ministrator and the Director shall brief the
                                             or minimizes the need for manual data                   ability of the Federal Government to charac-           appropriate congressional committees on the
                                             cleansing and harmonization efforts;                    terize, monitor, predict, and respond to spe-          implementation of the strategic plan re-
                                               (B) continuously and automatically ingests            cific supply chain threats and vulnerabilities         quired under subsection (a) across agencies.
                                             data and updates domain models in near                  that could inhibit future Federal acquisition          SEC. 5244. STUDY OF FEDERAL FLEET VEHICLES.
                                             real-time to help identify new patterns and             operations.                                              Not later than 2 years after the date of en-
                                             predict trends, to the extent possible, to help               Subtitle E—Strategic EV Management               actment of this Act, the Comptroller General
                                             agency personnel to make better decisions               SEC. 5241. SHORT TITLE.                                of the United States shall submit to Con-
                                             and take faster actions;                                  This subtitle may be cited as the ‘‘Stra-            gress a report on how the costs and benefits
                                               (C) organizes data for meaningful data vis-           tegic EV Management Act of 2022’’.                     of operating and maintaining electric vehi-
                                             ualization and analysis so the Government               SEC. 5242. DEFINITIONS.
                                                                                                                                                            cles in the Federal fleet compare to the costs
                                             has predictive transparency for situational                                                                    and benefits of operating and maintaining
                                                                                                       In this subtitle:
                                             awareness to improve use case outcomes;                                                                        internal combustion engine vehicles. The
                                                                                                       (1) ADMINISTRATOR.—The term ‘‘Adminis-
                                               (D) is rapidly configurable to support mul-                                                                  Comptroller General of the United States
                                                                                                     trator’’ means the Administrator of General
                                             tiple applications and automatically adapts                                                                    shall, as part of the Comptroller General’s
                                                                                                     Services.
                                             to dynamic conditions and evolving use case                                                                    annual reporting to committees of Con-
                                                                                                       (2) AGENCY.—The term ‘‘agency’’ has the
                                             requirements, to the extent possible                                                                           gress—
                                                                                                     meaning given the term in section 551 of
                                               (E) enables knowledge transfer and col-                                                                        (1) consolidate Matters for Congressional
                                                                                                     title 5, United States Code.
                                             laboration across agencies; and                                                                                Consideration from the Government Ac-
                                                                                                       (3) APPROPRIATE CONGRESSIONAL COMMIT-
                                               (F) preserves intellectual property rights                                                                   countability Office in one report organized
                                                                                                     TEES.—The term ‘‘appropriate congressional
                                             to the data and output for benefit of the Fed-                                                                 by policy topic that includes the amount of
                                                                                                     committees’’ means—
                                             eral Government and agencies.                                                                                  time such Matters have been unimplemented
                                                                                                       (A) the Committee on Homeland Security
                                               (c) BRIEFING.—Not earlier than 270 days                                                                      and submit such report to congressional
                                                                                                     and Governmental Affairs of the Senate; and
                                             but not later than 1 year after the date of en-                                                                leadership and the oversight committees of
                                                                                                       (B) the Committee on Oversight and Re-
                                             actment of this Act, and annually thereafter                                                                   each House;
                                                                                                     form of the House of Representatives.
                                             for 4 years, the Director shall brief the ap-                                                                    (2) with respect to the annual letters sent
                                             propriate congressional committees on the                 (4) DIRECTOR.—The term ‘‘Director’’ means
                                                                                                                                                            by the Comptroller General to individual
                                             activities carried out under this section and           the Director of the Office of Management
                                                                                                                                                            agency heads and relevant congressional
                                             results of those activities.                            and Budget.
                                                                                                                                                            committees on the status of unimplemented
                                               (d) SUNSET.—The section shall cease to be             SEC. 5243. STRATEGIC GUIDANCE.
                                                                                                                                                            priority recommendations, identify any ad-
                                             effective on the date that is 5 years after the           (a) IN GENERAL.—Not later than 2 years               ditional congressional oversight actions that
                                             date of enactment of this Act.                          after the date of enactment of this Act, the           can help agencies implement such priority
                                             SEC.   5237.
                                                        ENABLING ENTREPRENEURS AND                   Administrator, in consultation with the Di-            recommendations and address any under-
                                                        AGENCY MISSIONS.                             rector, shall coordinate with the heads of             lying issues relating to such implementa-
                                               (a) INNOVATIVE COMMERCIAL ITEMS.—Sec-                 agencies to develop a comprehensive, stra-             tion;
                                             tion 880 of the National Defense Authoriza-             tegic plan for Federal electric vehicle fleet            (3) make publicly available the informa-
                                             tion Act for Fiscal Year 2017 (41 U.S.C. 3301           battery management.                                    tion described in paragraphs (1) and (2); and
                                             note) is amended—                                         (b) CONTENTS.—The strategic plan required
                                                                                                                                                              (4)    publish  any      known   costs    of
                                               (1)    in    subsection   (c),    by    striking      under subsection (a) shall—
                                                                                                                                                            unimplemented priority recommendations, if
                                             $10,000,000’’ and inserting ‘‘$25,000,000’’;              (1) maximize both cost and environmental
                                                                                                                                                            applicable.
                                               (2) by amending subsection (f) to read as             efficiencies; and
                                                                                                       (2) incorporate—                                         Subtitle F—Congressionally Mandated
                                             follows:
                                               ‘‘(f) DEFINITIONS.—In this section—                     (A) guidelines for optimal charging prac-                               Reports
                                               ‘‘(1) the term ‘commercial product’—                  tices that will maximize battery longevity             SEC. 5251. SHORT TITLE.
                                               ‘‘(A) has the meaning given the term ‘com-            and prevent premature degradation;                       This subtitle may be cited as the ‘‘Access
                                             mercial item’ in section 2.101 of the Federal             (B) guidelines for reusing and recycling the         to Congressionally Mandated Reports Act’’.
                                             Acquisition Regulation; and                             batteries of retired vehicles; and                     SEC. 5252. DEFINITIONS.
                                               ‘‘(B) includes a commercial product or a                (C) any other considerations determined                 In this subtitle:
                                             commercial service, as defined in sections              appropriate by the Administrator and Direc-               (1) CONGRESSIONAL LEADERSHIP.—The term
                                             103 and 103a, respectively, of title 41, United         tor.                                                   ‘‘congressional      leadership’’ means     the
                                             States Code; and                                          (c) MODIFICATION.—The Administrator, in              Speaker, majority leader, and minority lead-
                                               ‘‘(2) the term ‘innovative’ means—                    consultation with the Director, may periodi-           er of the House of Representatives and the
                                               ‘‘(A) any new technology, process, or meth-           cally update the strategic plan required               majority leader and minority leader of the
                                             od, including research and development; or              under subsection (a) as the Administrator              Senate.
                                               ‘‘(B) any new application of an existing              and Director may determine necessary based                (2) CONGRESSIONALLY MANDATED REPORT.—
                                             technology, process, or method.’’; and                  on new information relating to electric vehi-             (A) IN GENERAL.—The term ‘‘congression-
                                               (3) in subsection (g), by striking ‘‘2022’’ and       cle batteries that becomes available.                  ally mandated report’’ means a report of a
                                             insert ‘‘2027’’.                                          (d) CONSULTATION.—In developing the stra-            Federal agency that is required by statute to
                                               (b) DHS OTHER TRANSACTION AUTHORITY.—                 tegic plan required under subsection (a) the           be submitted to either House of Congress or
                                             Section 831 of the Homeland Security Act of             Administrator, in consultation with the Di-            any committee of Congress or subcommittee




dlhill on DSK120RN23PROD with SENATE
                                             2002 (6 U.S.C. 391) is amended—                         rector, may consult with appropriate enti-             thereof.
                                               (1) in subsection (a)—                                ties, including—                                          (B) EXCLUSIONS.—
                                               (A) in the matter preceding paragraph (1),              (1) the Secretary of Energy;                            (i) PATRIOTIC AND NATIONAL ORGANIZA-
                                             by striking ‘‘September 30, 2017’’ and insert-            (2) the Administrator of the Environ-                TIONS.—The term ‘‘congressionally mandated
                                             ing ‘‘September 30, 2024’’; and                         mental Protection Agency;                              report’’ does not include a report required
                                               (B) by amending paragraph (2) to read as                (3) the Chair of the Council on Environ-             under part B of subtitle II of title 36, United
                                             follows:                                                mental Quality;                                        States Code.




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                                             September 29, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S6047
                                                (ii) INSPECTORS GENERAL.—The term ‘‘con-                (v) The statute requiring the report.                 (2) NOTICE ON PORTAL.—If a report is with-
                                             gressionally mandated report’’ does not in-                (vi) Subject tags.                                  held from submission to or publication on
                                             clude a report by an office of an inspector                (vii) A unique alphanumeric identifier for          the reports online portal under paragraph
                                             general.                                                the report that is consistent across report            (1), the Director shall post on the portal—
                                                (iii) NATIONAL SECURITY EXCEPTION.—The               editions.                                                (A) a statement that the report is withheld
                                             term ‘‘congressionally mandated report’’                   (viii) The serial number, Superintendent of         at the request of a committee or sub-
                                             does not include a report that is required to           Documents number, or other identification              committee involved; and
                                             be submitted to one or more of the following            number for the report, if applicable.                    (B) the written notification provided by
                                             committees:                                                (ix) Key words.                                     the chair of the committee or subcommittee
                                                (I) The Select Committee on Intelligence,               (x) Full text search.                               specified in paragraph (1).
                                             the Committee on Armed Services, the Com-                  (xi) Any other relevant information speci-            (f) FREE ACCESS.—The Director may not
                                             mittee on Appropriations, or the Committee              fied by the Director.                                  charge a fee, require registration, or impose
                                             on Foreign Relations of the Senate.                        (D) The date on which the report was re-            any other limitation in exchange for access
                                                (II) The Permanent Select Committee on               quired to be submitted, and on which the re-           to the reports online portal.
                                             Intelligence, the Committee on Armed Serv-              port was submitted, to the reports online                (g) UPGRADE CAPABILITY.—The reports on-
                                             ices, the Committee on Appropriations, or               portal.                                                line portal shall be enhanced and updated as
                                             the Committee on Foreign Affairs of the                    (E) To the extent practicable, a permanent          necessary to carry out the purposes of this
                                             House of Representatives.                               means of accessing the report electronically.          subtitle.
                                                (3) DIRECTOR.—The term ‘‘Director’’ means               (2) A means for bulk download of all con-             (h) SUBMISSION TO CONGRESS.—The submis-
                                             the Director of the Government Publishing               gressionally mandated reports.                         sion of a congressionally mandated report to
                                             Office.                                                    (3) A means for downloading individual re-          the reports online portal pursuant to this
                                                (4) FEDERAL AGENCY.—The term ‘‘Federal               ports as the result of a search.                       subtitle shall not be construed to satisfy any
                                             agency’’ has the meaning given the term                    (4) An electronic means for the head of             requirement to submit the congressionally
                                             ‘‘federal agency’’ under section 102 of title 40,       each Federal agency to submit to the reports           mandated report to Congress, or a com-
                                             United States Code, but does not include the            online portal each congressionally mandated            mittee or subcommittee thereof.
                                             Government Accountability Office or an ele-             report of the agency, as required by sections
                                             ment of the intelligence community.                                                                            SEC. 5254. FEDERAL AGENCY RESPONSIBILITIES.
                                                                                                     5254 and 5256.
                                                (5) INTELLIGENCE COMMUNITY.—The term                    (5) In tabular form, a list of all congres-           (a) SUBMISSION OF ELECTRONIC COPIES OF
                                             ‘‘intelligence community’’ has the meaning              sionally mandated reports that can be                  REPORTS.—Not earlier than 30 days or later
                                             given that term in section 3 of the National            searched, sorted, and downloaded by—                   than 60 days after the date on which a con-
                                             Security Act of 1947 (50 U.S.C. 3003).                     (A) reports submitted within the required           gressionally mandated report is submitted to
                                                (6) REPORTS ONLINE PORTAL.—The term ‘‘re-            time;                                                  either House of Congress or to any com-
                                             ports online portal’’ means the online portal              (B) reports submitted after the date on             mittee of Congress or subcommittee thereof,
                                             established under section 5253(a).                      which such reports were required to be sub-            the head of the Federal agency submitting
                                             SEC. 5253. ESTABLISHMENT OF ONLINE PORTAL               mitted; and                                            the congressionally mandated report shall
                                                         FOR CONGRESSIONALLY MANDATED                                                                       submit to the Director the information re-
                                                         REPORTS.
                                                                                                        (C) to the extent practicable, reports not
                                                                                                     submitted.                                             quired under subparagraphs (A) through (D)
                                               (a) REQUIREMENT TO ESTABLISH ONLINE                                                                          of section 5253(b)(1) with respect to the con-
                                             PORTAL.—                                                   (c) NONCOMPLIANCE BY FEDERAL AGEN-
                                                                                                                                                            gressionally mandated report. Notwith-
                                               (1) IN GENERAL.—Not later than 1 year after           CIES.—
                                                                                                                                                            standing section 5256, nothing in this sub-
                                             the date of enactment of this Act, the Direc-              (1) REPORTS NOT SUBMITTED.—If a Federal
                                                                                                                                                            title shall relieve a Federal agency of any
                                             tor shall establish and maintain an online              agency does not submit a congressionally
                                                                                                                                                            other requirement to publish the congres-
                                             portal accessible by the public that allows             mandated report to the Director, the Direc-
                                                                                                                                                            sionally mandated report on the online por-
                                             the public to obtain electronic copies of con-          tor shall to the extent practicable—
                                                                                                                                                            tal of the Federal agency or otherwise sub-
                                             gressionally mandated reports in one place.                (A) include on the reports online portal—
                                                                                                                                                            mit the congressionally mandated report to
                                               (2) EXISTING FUNCTIONALITY.—To the extent                (i) the information required under clauses
                                                                                                                                                            Congress or specific committees of Congress,
                                             possible, the Director shall meet the require-          (i), (ii), (iv), and (v) of subsection (b)(1)(C);
                                                                                                                                                            or subcommittees thereof.
                                             ments under paragraph (1) by using existing             and
                                                                                                        (ii) the date on which the report was re-             (b) GUIDANCE.—Not later than 180 days
                                             online portals and functionality under the                                                                     after the date of enactment of this Act, the
                                             authority of the Director in consultation               quired to be submitted; and
                                                                                                        (B) include the congressionally mandated            Director of the Office of Management and
                                             with the Director of National Intelligence.                                                                    Budget, in consultation with the Director,
                                               (3) CONSULTATION.—In carrying out this                report on the list described in subsection
                                                                                                     (b)(5)(C).                                             shall issue guidance to agencies on the im-
                                             subtitle, the Director shall consult with con-                                                                 plementation of this subtitle.
                                             gressional leadership, the Clerk of the House              (2) REPORTS NOT IN OPEN FORMAT.—If a Fed-
                                                                                                     eral agency submits a congressionally man-               (c) STRUCTURE OF SUBMITTED REPORT
                                             of Representatives, the Secretary of the Sen-                                                                  DATA.—The head of each Federal agency
                                             ate, and the Librarian of Congress regarding            dated report that does not meet the criteria
                                                                                                     described in subsection (b)(1)(B), the Direc-          shall ensure that each congressionally man-
                                             the requirements for and maintenance of                                                                        dated report submitted to the Director com-
                                             congressionally mandated reports on the re-             tor shall still include the congressionally
                                                                                                     mandated report on the reports online por-             plies with the guidance on the implementa-
                                             ports online portal.                                                                                           tion of this subtitle issued by the Director of
                                               (b) CONTENT AND FUNCTION.—The Director                tal.
                                                                                                        (d) DEADLINE.—The Director shall ensure             the Office of Management and Budget under
                                             shall ensure that the reports online portal
                                                                                                     that information required to be published on           subsection (b).
                                             includes the following:
                                               (1) Subject to subsection (c), with respect           the reports online portal under this subtitle            (d) POINT OF CONTACT.—The head of each
                                                                                                     with respect to a congressionally mandated             Federal agency shall designate a point of
                                             to each congressionally mandated report,
                                                                                                     report or information required under sub-              contact for congressionally mandated re-
                                             each of the following:
                                                                                                     section (c) of this section is published—              ports.
                                               (A) A citation to the statute requiring the
                                             report.                                                    (1) not later than 30 days after the infor-           (e) REQUIREMENT FOR SUBMISSION.—The Di-
                                               (B) An electronic copy of the report, in-             mation is received from the Federal agency             rector shall not publish any report through
                                             cluding any transmittal letter associated               involved; or                                           the reports online portal that is received
                                             with the report, that—                                     (2) in the case of information required             from anyone other than the head of the ap-
                                               (i) is based on an underlying open data               under subsection (c), not later than 30 days           plicable Federal agency, or an officer or em-
                                             standard that is maintained by a standards              after the deadline under this subtitle for the         ployee of the Federal agency specifically des-
                                             organization;                                           Federal agency involved to submit informa-             ignated by the head of the Federal agency.
                                               (ii) allows the full text of the report to be         tion with respect to the congressionally               SEC. 5255. CHANGING OR REMOVING REPORTS.
                                             searchable; and                                         mandated report involved.                                (a) LIMITATION ON AUTHORITY TO CHANGE OR
                                               (iii) is not encumbered by any restrictions              (e) EXCEPTION FOR CERTAIN REPORTS.—                 REMOVE REPORTS.—Except as provided in
                                             that would impede the reuse or searchability               (1) EXCEPTION DESCRIBED.—A congression-             subsection (b), the head of the Federal agen-
                                             of the report.                                          ally mandated report which is required by              cy concerned may change or remove a con-
                                               (C) The ability to retrieve a report, to the          statute to be submitted to a committee of              gressionally mandated report submitted to
                                             extent practicable, through searches based              Congress or a subcommittee thereof, includ-            be published on the reports online portal
                                             on each, and any combination, of the fol-               ing any transmittal letter associated with             only if—




dlhill on DSK120RN23PROD with SENATE
                                             lowing:                                                 the report, shall not be submitted to or pub-            (1) the head of the Federal agency consults
                                               (i) The title of the report.                          lished on the reports online portal if the             with each committee of Congress or sub-
                                               (ii) The reporting Federal agency.                    chair of a committee or subcommittee to                committee thereof to which the report is re-
                                               (iii) The date of publication.                        which the report is submitted notifies the             quired to be submitted (or, in the case of a
                                               (iv) Each congressional committee or sub-             Director in writing that the report is to be           report which is not required to be submitted
                                             committee receiving the report, if applica-             withheld from submission and publication               to a particular committee of Congress or
                                             ble.                                                    under this subtitle.                                   subcommittee thereof, to each committee




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                                             S6048                                             CONGRESSIONAL RECORD — SENATE                                                   September 29, 2022
                                             with jurisdiction over the agency, as deter-              (2) TRANSITION RULE FOR PREVIOUSLY SUB-              REED (for himself and Mr. INHOFE) and
                                             mined by the head of the agency in consulta-            MITTED REPORTS.—To the extent practicable,             intended to be proposed to the bill H.R.
                                             tion with the Speaker of the House of Rep-              the Director shall ensure that any congres-            7900, to authorize appropriations for
                                             resentatives and the President pro tempore              sionally mandated report described in para-            fiscal year 2023 for military activities
                                             of the Senate) prior to changing or removing            graph (1) which was required to be submitted
                                             the report; and                                         to Congress by a statute enacted before the
                                                                                                                                                            of the Department of Defense, for mili-
                                               (2) a joint resolution is enacted to author-          date of the enactment of this Act is pub-              tary construction, and for defense ac-
                                             ize the change in or removal of the report.             lished on the reports online portal under this         tivities of the Department of Energy,
                                               (b)   EXCEPTIONS.—Notwithstanding       sub-          subtitle.                                              to    prescribe     military  personnel
                                             section (a), the head of the Federal agency               (b) REPORTS SUBMITTED TO COMMITTEES.—                strengths for such fiscal year, and for
                                             concerned—                                              In the case of congressionally mandated re-            other purposes; which was ordered to
                                               (1) may make technical changes to a report            ports which are required by statute to be              lie on the table; as follows:
                                             submitted to or published on the reports on-            submitted to a committee of Congress or a                At the end of subtitle F of title V, add the
                                             line portal;                                            subcommittee thereof, this subtitle shall              following:
                                               (2) may remove a report from the reports              apply with respect to—                                 SEC. 575. FOOD INSECURITY AMONG MILITARY
                                             online portal if the report was submitted to              (1) any such report which is first required                      FAMILIES:   DATA  COLLECTION;
                                             or published on the reports online portal in            to be submitted by a statute which is en-                          TRAINING; REPORT.
                                             error; and                                              acted on or after the date of the enactment              (a) DATA COLLECTION.—Not later than one
                                               (3) may withhold information, records, or             of this Act; and                                       year after the date of the enactment of this
                                             reports from publication on the reports on-               (2) to the maximum extent practical, any             Act, the Under Secretary of Defense for Per-
                                             line portal in accordance with section 5256.            congressionally mandated report which was              sonnel and Readiness, acting through the
                                             SEC. 5256. WITHHOLDING OF INFORMATION.                  required to be submitted by a statute en-              Deputy Assistant Secretary for Military
                                               (a) IN GENERAL.—Nothing in this subtitle              acted before the date of enactment of this             Community and Family Policy, in coordina-
                                             shall be construed to—                                  Act unless—                                            tion with the Under Secretary for Food, Nu-
                                               (1) require the disclosure of information,              (A) the chair of the committee, or sub-              trition, and Consumer Services of the De-
                                             records, or reports that are exempt from                committee thereof, to which the report was             partment of Agriculture, shall—
                                             public disclosure under section 552 of title 5,         required to be submitted notifies the Direc-              (1) develop a survey, in collaboration with
                                             United States Code, or that are required to             tor in writing that the report is to be with-          the Department of Agriculture, to determine
                                             be withheld under section 552a of title 5,              held from publication; and                             how many members of the Armed Forces
                                             United States Code; or                                    (B) the Director publishes the notification          serving on active duty, and dependents of
                                               (2) impose any affirmative duty on the Di-            on the reports online portal.                          such members, are food insecure;
                                             rector to review congressionally mandated                 (c) ACCESS FOR CONGRESSIONAL LEADER-                    (2) issue the survey to such members and
                                             reports submitted for publication to the re-            SHIP.—Notwithstanding any provision of this            dependents;
                                             ports online portal for the purpose of identi-          subtitle or any other provision of law, con-              (3) collect data from the survey on the use,
                                             fying and redacting such information or                 gressional leadership shall have access to             by such members and dependents, of Federal
                                             records.                                                any congressionally mandated report.                   nutrition assistance programs, including—
                                               (b) WITHHOLDING OF INFORMATION.—                                                                                (A) the supplemental nutrition assistance
                                                                                                     SEC. 5258. DETERMINATION OF BUDGETARY EF-
                                               (1) IN GENERAL.—Consistent with sub-                                                                         program under the Food and Nutrition Act
                                                                                                                 FECTS.
                                             section (a)(1), the head of a Federal agency                                                                   of 2008 (7 U.S.C. 2011 et seq.);
                                             may withhold from the Director, and from                  The budgetary effects of this subtitle, for
                                                                                                     the purpose of complying with the Statutory               (B) the special supplemental nutrition pro-
                                             publication on the reports online portal, any                                                                  gram for women, infants, and children under
                                             information, records, or reports that are ex-           Pay-As-You-Go-Act of 2010, shall be deter-
                                                                                                     mined by reference to the latest statement             section 17 of the Child Nutrition Act of 1966
                                             empt from public disclosure under section                                                                      (42 U.S.C. 1786);
                                             552 of title 5, United States Code, or that are         titled ‘‘Budgetary Effects of PAYGO Legisla-
                                                                                                     tion’’ for this subtitle, submitted for print-            (C) the school lunch program under the
                                             required to be withheld under section 552a of                                                                  Richard B. Russell National School Lunch
                                             title 5, United States Code.                            ing in the Congressional Record by the
                                                                                                                                                            Act (42 U.S.C. 1751 et seq.); and
                                               (2) NATIONAL SECURITY.—Nothing in this                Chairman of the Senate Budget Committee,
                                                                                                                                                               (D) the school breakfast program under
                                             subtitle shall be construed to require the              provided that such statement has been sub-
                                                                                                                                                            section 4 of the Child Nutrition Act of 1966
                                             publication, on the reports online portal or            mitted prior to the vote on passage.
                                                                                                                                                            (42 U.S.C. 1773); and
                                             otherwise, of any report containing informa-                                                                      (4) collect data related to the number of
                                             tion that is classified, or the public release            SA 6439. Mr. WICKER submitted an                     such members and dependents who—
                                             of which could have a harmful effect on na-             amendment intended to be proposed to                      (A) are eligible for the basic needs allow-
                                             tional security.                                        amendment SA 5499 submitted by Mr.                     ance under section 402b of title 37, United
                                               (3) LAW ENFORCEMENT SENSITIVE.—Nothing                REED (for himself and Mr. INHOFE) and                  States Code; and
                                             in this subtitle shall be construed to require          intended to be proposed to the bill H.R.                  (B) receive such basic needs allowance;
                                             the publication on the reports online portal            7900, to authorize appropriations for                     (5) develop and carry out a plan to train
                                             or otherwise of any congressionally man-                fiscal year 2023 for military activities               and designate an individual who will assist
                                             dated report—                                                                                                  members at military installations on how
                                                                                                     of the Department of Defense, for mili-
                                               (A) containing information that is law en-                                                                   and where to refer such members and their
                                             forcement sensitive; or                                 tary construction, and for defense ac-                 dependents for participation in Federal nu-
                                               (B) that describe information security poli-          tivities of the Department of Energy,                  trition assistance programs described in
                                             cies, procedures, or activities of the execu-           to    prescribe     military  personnel                paragraph (3); and
                                             tive branch.                                            strengths for such fiscal year, and for                   (6) coordinate efforts of the Department of
                                               (c) RESPONSIBILITY FOR WITHHOLDING OF IN-             other purposes; which was ordered to                   Defense to address food insecurity and nutri-
                                             FORMATION.—In publishing congressionally                lie on the table; as follows:                          tion.
                                             mandated reports to the reports online por-                                                                       (b) REPORT REQUIRED.—
                                             tal in accordance with this subtitle, the head            At the appropriate place, insert the fol-               (1) IN GENERAL.—Not later than one year
                                             of each Federal agency shall be responsible             lowing:                                                after the date of the enactment of this Act,
                                             for withholding information pursuant to the             SEC. ll. WAIVER OF NAVIGATION AND VESSEL-              and annually thereafter, the Under Sec-
                                             requirements of this section.                                     INSPECTION LAWS.
                                                                                                                                                            retary of Defense for Personnel and Readi-
                                             SEC. 5257. IMPLEMENTATION.                                Section 501(b) of title 46, United States            ness shall submit to the appropriate congres-
                                               (a) REPORTS SUBMITTED TO CONGRESS.—                   Code, is amended—                                      sional committees a report including the fol-
                                               (1) IN GENERAL.—This subtitle shall apply               (1) in paragraph (1), by inserting ‘‘in ac-          lowing:
                                             with respect to any congressionally man-                cordance with the requirements of paragraph               (A) The number of members of the Armed
                                             dated report which—                                     (3)’’ after ‘‘following a determination’’;             Forces serving on active duty and their de-
                                               (A) is required by statute to be submitted              (2) in paragraph (3)(A), by inserting ‘‘prior        pendents who are food insecure.
                                             to the House of Representatives, or the                 to the issuance of a waiver’’ before the semi-            (B) The number of such members and their
                                             Speaker thereof, or the Senate, or the Presi-           colon at the end; and                                  dependents who use the Federal nutrition as-
                                             dent or President Pro Tempore thereof, at                 (3) by adding at the end the following:              sistance programs described in subsection
                                             any time on or after the date of the enact-               ‘‘(5) PROSPECTIVE APPLICATION.—No waiver             (a)(3).
                                             ment of this Act; or                                    of the vessel navigation laws may be issued               (C) The number of such members and their




dlhill on DSK120RN23PROD with SENATE
                                               (B) is included by the Clerk of the House of          for a vessel if, prior to the waiver request,          dependents described in subsection (a)(4).
                                             Representatives or the Secretary of the Sen-            such vessel was laden with merchandise cov-               (D) The status of implementation of the
                                             ate (as the case may be) on the list of reports         ered by the requested waiver.’’.                       plan under subsection (a)(5).
                                             received by the House of Representatives or                                                                       (2) APPROPRIATE CONGRESSIONAL COMMIT-
                                             the Senate (as the case may be) at any time              SA 6440. Mr. WARNER submitted an                      TEES DEFINED.—In this subsection, the term
                                             on or after the date of the enactment of this           amendment intended to be proposed to                   ‘‘appropriate     congressional   committees’’
                                             Act.                                                    amendment SA 5499 submitted by Mr.                     means—




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