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.”
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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
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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-
dlhill on DSK120RN23PROD with SENATE
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
dlhill on DSK120RN23PROD with SENATE
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—
dlhill on DSK120RN23PROD with SENATE
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-
dlhill on DSK120RN23PROD with SENATE
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.—
dlhill on DSK120RN23PROD with SENATE
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-
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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
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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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