[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7808-S8054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 4277. Mr. MENENDEZ (for himself, Ms. Collins, Mr. Brown, and Mr.
Kaine) submitted an amendment intended to be proposed to amendment SA
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--COMMISSION ON THE CORONAVIRUS PANDEMIC IN THE
UNITED STATES
SEC. _01. SHORT TITLE.
This title may be cited as the ``National Coronavirus
Commission Act of 2021''.
SEC. _02. DEFINITIONS.
In this title:
(1) COVID-19.--The term ``COVID-19'' means the 2019 novel
coronavirus disease.
(2) Relevant committees of congress.--The term ``relevant
committees of Congress''--
(A) means all committees for which information in the
report or plan being provided might be relevant; and
(B) includes, at a minimum--
(i) the Committee on Health, Education, Labor, and
Pensions, the Committee on Finance, the Committee on Foreign
Relations, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Homeland Security and Government
Affairs, the Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(ii) the Committee on Energy and Commerce, the Committee on
Ways and Means, the Committee on Foreign Affairs, the
Committee on Oversight and Reform, the Committee on Homeland
Security, the Committee on Appropriations, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. _03. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the
Commission on the Coronavirus Pandemic in the United States
(referred to in this title as the ``Commission'').
SEC. _04. PURPOSES.
The purposes of the Commission are to--
(1) examine and report on the facts and the causes relating
to the COVID-19 pandemic in the United States, which may
include investigating and reporting on--
(A) the origins of COVID-19; and
(B) the spread of COVID-19 internationally and within the
United States;
(2) make a full and nonpartisan accounting of the United
States' preparedness for, and response to, the COVID-19
pandemic, to include investigating and reporting on--
(A) medical intelligence;
(B) international public health surveillance;
(C) domestic public health surveillance;
(D) communication and coordination between the Federal
Government and foreign governments, the private sector,
nongovernmental organizations, and international public
health organizations related to public health threats and
early warning, detection, and prevention and response
measures;
(E) communication and coordination related to public health
threats and early warning, detection, and prevention and
response measures among the Federal national security
agencies, Federal public health agencies, other relevant
Federal agencies, and State, Tribal, local, and territorial
governments;
(F) Federal funding and support for, engagement with, and
management of, international prevention, preparedness, and
response efforts;
(G) Federal guidance, assistance, and requirements for
State, Tribal, local, and territorial governments;
(H) Federal acquisition and financing efforts and supply
chain management, including use of the authorities provided
under the Defense Production Act of 1950 (50 U.S.C. 4501 et
seq.), related to personal protective equipment, testing
supplies, ventilators and other medical equipment or
supplies, diagnostics, therapeutics, vaccines, or other
relevant items for domestic and international use;
(I) management, allocation, and distribution of relevant
resources (including resources and assets for domestic use
held by United States agencies that provide foreign aid)
between the Federal Government and State, Tribal, local, and
territorial governments, hospitals and health care
organizations, and private sector entities, including
personal protective equipment, testing supplies, ventilators
and other medical equipment or supplies, diagnostics,
therapeutics, vaccines, or other relevant items;
(J) management, allocation, and distribution of personal
protective equipment, testing supplies, ventilators and other
medical equipment or supplies, diagnostics, therapeutics,
vaccines, or other relevant items as aid to foreign
countries;
(K) domestic and global supply chain vulnerabilities with
respect to personal protective equipment, testing supplies,
ventilators and other medical equipment or supplies,
diagnostics, therapeutics, vaccines, or other relevant items;
(L) the operation of government-maintained stockpiles;
(M) scams and profiteering;
(N) misinformation and disinformation;
(O) the readiness of Federal, State, Tribal, local, and
territorial public health departments and agencies and
relevant regional entities;
(P) testing and contact tracing operations;
(Q) emergency management;
(R) military engagement, including the National Guard
Bureau;
(S) Federal, State, Tribal, local, and territorial orders
and guidance to reduce disease transmission, including travel
restrictions, stay-at-home orders, in-person school and
institution of higher education closures or modifications,
workplace protections or closures, or business closures or
modifications;
(T) Federal, State, Tribal, local, and territorial
guidance, public health education, and resource provision
related to masking, social distancing, hygiene, therapeutics,
testing, quarantining, vaccination, or other relevant topics;
(U) scientific and technological preparedness and response,
which may include--
(i) the Federal role in executing, supporting, and
coordinating domestic and global research on diagnostics,
therapeutics, and vaccines;
(ii) the efficacy and scientific integrity of the Federal
authorization and approval processes for vaccines,
therapeutics, and diagnostics; and
(iii) the use of technology to detect and prevent
contagion, including privacy concerns;
(V) the preparedness and response of specific types of
institutions that experienced high rates of COVID-19
infection or that are critical to national security, which
may include--
(i) hospitals;
(ii) skilled nursing facilities and nursing facilities;
(iii) assisted living facilities;
(iv) prisons, jails, and immigration detention centers;
(v) elementary and secondary schools and institutions of
higher education;
(vi) food production, processing, and distribution
facilities;
(vii) other congregate settings and confined or high-
density workplaces; and
(viii) other critical infrastructure facilities;
(W) Federal economic relief programs, including--
(i) loan, grant, and other financial assistance;
(ii) unemployment insurance;
(iii) tax and loan deferment;
(iv) direct payments;
(v) rental and mortgage assistance, eviction moratoria, and
foreclosure relief; and
(vi) fiscal relief to States, Tribes, localities, and
territories;
(X) health and economic impacts on underserved communities,
rural populations, racial and ethnic minority populations,
older adults, and all other populations with relevant health
or economic disparities, which may include--
(i) immigrant populations;
(ii) lesbian, gay, bisexual, transgender, and queer
individuals;
(iii) people with disabilities;
(iv) people who live on or near Indian reservations or in
Alaska Native villages;
(v) residents of territories of the United States; and
(vi) veterans;
(Y) the division of authority and responsibilities between
the Federal Government and State, Tribal, local, and
territorial governments;
(Z) any other aspect of Federal, State, Tribal, local, and
territorial government preparedness and response; and
(AA) other areas as determined relevant and appropriate by
the Commission (by agreement of the chair and vice chair of
the Commission); and
(3) investigate and report to the President and Congress on
its findings, conclusions, and recommendations to improve the
ability of the Federal Government, State, Tribal, local, and
territorial governments, and the private sector to--
(A) prevent, detect, respond to, and prepare for future
epidemics and pandemics, whether naturally occurring or
caused by State or non-State actors, and other public health
emergencies;
(B) protect the health security of the United States; and
(C) reestablish the role of the United States as a global
leader in epidemic and pandemic preparedness and response.
SEC. _05. COMPOSITION OF THE COMMISSION.
(a) Members.--The Commission shall be comprised of 10
members, of whom--
(1) 1 member shall be appointed by the President, who shall
serve as the chair of the Commission;
(2) 1 member shall--
(A) be appointed by the leader of the Senate who represents
the major political party that the President does not
represent, in consultation with the leader of the House of
Representatives from the same political party; and
(B) serve as the vice chair of the Commission;
[[Page S7809]]
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party;
(5) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party.
(b) Qualifications.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission shall not--
(A) be an officer or employee of the Federal Government or
any State, Tribal, local, or territorial government, except
in the case of a State employee who works at a public
institution of higher education or State-funded research
institution; or
(B) have held a position in any agency, office, or other
establishment in the executive, legislative, or judicial
branch of the Federal Government, the functions and duties of
which included planning, coordinating, or implementing any
aspect of the Federal Government response to the public
health emergency declared by the Secretary of Health and
Human Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d) on January 31, 2020, with respect to
COVID-19, including a position that required the individual
holding the position to attend meetings relating to that
response.
(3) Ethics and conflicts report.--The Commission shall hire
an ethics counsel, and not later than 30 days after the
initial meeting of the Commission, the ethics counsel shall
submit a detailed plan for identifying and resolving
potential and actual conflicts of interest by any member of
the Commission, including of an ethical, financial, or
personal nature, or that could lead a reasonable person to
conclude a conflict may exist, to the relevant committees of
Congress.
(4) Other qualifications.--
(A) Governors, public health experts, and economic policy
experts.--In appointing members to the Commission, the
appointing individuals described in subsection (a) of the
same political party shall coordinate to ensure that the
members appointed by each political party include--
(i) at least 1 former governor of a State;
(ii) at least 1 public health expert; and
(iii) at least 1 economic policy expert.
(B) Sense of congress.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, public health, global health,
infectious diseases, pandemic preparedness and response,
humanitarian response and relief, scientific research, public
administration, intelligence gathering, commerce, national
security, and foreign affairs.
(5) Timeline for appointment.--All members of the
Commission shall be appointed not later than 60 days after
the date of enactment of this Act.
(6) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(c) Meetings.--
(1) Initial meeting.--The Commission shall meet and begin
the operations of the Commission within 45 days after the
appointment of all Commission members.
(2) Additional meetings.--After the initial meeting of the
Commission, the Commission shall meet upon the call of the
chair or a majority of the members of the Commission.
(3) Quorum.--Six members of the Commission shall constitute
a quorum. If required for public health reasons, Commission
members may attend meetings virtually and virtual attendance
shall count towards constituting a quorum.
SEC. _06. FUNCTIONS OF THE COMMISSION.
The functions of the Commission are to--
(1) conduct an investigation that--
(A) addresses the purposes described in section 4;
(B) investigates relevant facts and circumstances relating
to the COVID-19 pandemic in the United States, including
preparedness for, and the response to, the COVID-19 pandemic
by the Federal Government and, as appropriate, State, Tribal,
territorial, and local governments, including any relevant
legislation, Executive order, regulation, plan, policy,
practice, or procedure;
(C) includes relevant facts and circumstances relating to--
(i) domestic and international public health agencies;
(ii) health care agencies;
(iii) financial, labor and housing agencies;
(iv) education agencies;
(v) intelligence agencies;
(vi) defense and national security agencies;
(vii) diplomacy and development agencies;
(viii) White House offices and councils;
(ix) health care organizations;
(x) private sector entities;
(xi) scientific research agencies;
(xii) immigration and border control agencies;
(xiii) international trade organizations;
(xiv) Congress;
(xv) State, Tribal, local, and territorial government
agencies;
(xvi) the role of congressional and State government
oversight and resource allocation; and
(xvii) other areas of the public and private sectors
determined relevant by the Commission for its inquiry;
(D) coordinates with and reviews the findings, conclusions,
and recommendations of other relevant international,
executive branch, congressional, State, or independent
commission investigations into the COVID-19 pandemic, to the
extent determined appropriate by Commission members; and
(E) may include a comparative analysis of relevant domestic
or international best practices;
(2) identify, review, and evaluate the lessons learned from
the COVID-19 pandemic regarding the structure, coordination,
management policies, and procedures of the Federal
Government, State, Tribal, local, and territorial
governments, and nongovernmental entities relative to
detecting, preventing, and responding to--
(A) epidemics and pandemics, whether naturally occurring or
caused by State or non-State actors; and
(B) other public health emergencies; and
(3) submit to the President and Congress such reports as
are required by this title containing such findings,
conclusions, and legislative, regulatory, and policy
recommendations as the Commission shall determine, including
proposing organization, coordination, planning, management
arrangements, procedures, rules, and regulations.
SEC. _07. POWERS OF THE COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title--
(A) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths as the Commission or such designated
subcommittee or designated member may determine advisable;
and
(B) subject to paragraph (2)(A), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such written, recorded, and electronic
materials as the Commission or such designated subcommittee
or designated member may determine advisable, including
correspondence, memoranda, diplomatic cables, papers,
documents, reports, books, notes, records, text messages,
emails, voicemails, and communications, including
communications sent from or received on both official and
personal accounts and devices.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued under this
subsection only--
(I) by the agreement of the chair and the vice chair; or
(II) by the affirmative vote of a majority of the members
of the Commission.
(ii) Signature.--Subject to clause (i), subpoenas issued
under this subsection may be issued under the signature of
the chair or any member designated by a majority of the
Commission, and may be served by any person designated by the
chair or by a member designated by a majority of the
Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy or failure to
obey a subpoena issued under this subsection, the United
States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(ii) Additional enforcement.--In the case of any failure of
any witness to comply with any subpoena or to testify when
summoned under authority of this section, the Commission may,
by majority vote, certify a statement of fact constituting
such failure to the appropriate United States attorney, who
may bring the matter before the grand jury for its action,
under the same statutory authority and procedures as if the
United States attorney had received a certification under
sections 102 through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this title.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this title.
Notwithstanding any other law or any assertion of privilege,
each department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall furnish,
without redaction, such records, information, suggestions,
estimates, and statistics directly to the Commission, upon
request made by the chair, the chair of any subcommittee
created by a majority of the Commission, or any member
designated by a majority of the Commission.
[[Page S7810]]
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as the departments and agencies may determine
advisable and as may be authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(f) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. _08. NONAPPLICABILITY OF THE FEDERAL ADVISORY COMMISSION
ACT.
(a) In General.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
subsections (a) and (b) of section 13.
(c) Public Hearings.--Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.
SEC. _09. RECORD RETENTION.
(a) Commission Records.--The Commission shall--
(1) preserve the records and documents of the Commission;
and
(2) make such records and documents available to the
National Archives not later than 120 days following the
submission of the Commission's final report.
(b) Future Access.--Following the termination of the
Commission, the Secretary of the Senate shall be responsible
for facilitating access to the publicly available records and
documents of the Commission, as if they were Senate records,
for researchers, interested parties, and the general public.
(c) Official Electronic Accounts for Commission Business.--
When conducting any Commission business on electronic
accounts, members and staff of the Commission shall use
official Commission electronic accounts.
SEC. _10. STAFF OF THE COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chair, in
consultation with the vice chair and in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of such title.
(2) Nonpartisan staff.--The staff director shall be
responsible for the day-to-day authority over the activities
of the personnel of the Commission, and the staff director
and any other personnel of the Commission shall be hired
without regard to political affiliation.
(3) Personnel as federal employees.--
(A) In general.--The staff director and any personnel of
the Commission who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall not be
construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(c) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
SEC. _11. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
SEC. _12. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.
The appropriate Federal agencies or departments shall
cooperate with the Commission in expeditiously providing to
the Commission members and staff appropriate security
clearances to the extent possible pursuant to existing
procedures and requirements, except that no person shall be
provided with access to classified information under this
title without the appropriate security clearances.
SEC. _13. REPORTS OF THE COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations for corrective
measures as have been agreed to by a majority of Commission
members.
(b) Final Report.--
(1) In general.--Not later than 18 months after the date of
appointment of all members of the Commission, the Commission
shall submit to the President and the relevant committees of
Congress a final report containing such findings,
conclusions, and recommendations for corrective measures and
reforms as have been agreed to by a majority of the members
of the Commission.
(2) Sense of congress.--It is the sense of Congress that
the members of the Commission should make the utmost effort
to produce a comprehensive, fact-based, evidentiary,
nonpartisan, and actionable final report.
(c) Accessibility.--The final report shall--
(1) simultaneously be made publicly available on an
internet website;
(2) be written in plain language, to the extent deemed
practicable by the Commission; and
(3) be made available in accessible formats and multiple
languages, to the extent determined practicable by the
Commission.
(d) Alternative Mediums.--The Commission may use
alternative mediums to communicate key findings from the
final report to as many people of the United States as
possible.
(e) Extensions.--The submission and publication of the
final report, as described in subsection (b), may be delayed
by 90 days upon the agreement of a majority of the members of
the Commission. The Commission may make not more than 3 90-
day extensions. The Commission shall notify the President,
Congress, and the public of each such extension.
(f) Termination.--
(1) In general.--The Commission, and all the authorities of
this title, shall terminate 120 days after the date on which
the final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 120-day period referred to in
paragraph (1) for the purpose of concluding its activities,
including providing testimony to committees of Congress
concerning its reports and disseminating the final report.
(g) Government Accountability Office Report.--
(1) Monitoring.--The Comptroller General of the United
States shall monitor the implementation of any Commission
recommendations included in the final report.
(2) Reports.--
(A) In general.--One year after the final Commission report
is submitted under subsection (b), and each year thereafter
for the following 3 years, the Comptroller General shall
submit to Congress a report regarding the status of the
Commission recommendations that--
(i) identifies each recommendation as open or closed; and
(ii) provides a description of actions taken in response to
each recommendation.
(B) Scope of reports.--Each report required under
subparagraph (A) shall not provide a critical assessment of
the merit or value of any Commission recommendation included
in the final Commission report.
SEC. _14. FUNDING.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this title $50,000,000.
(b) Duration of Availability.--Amounts made available to
the Commission under subsection (a) shall remain available
until the termination of the Commission.
______
SA 4278. Mr. MENENDEZ (for himself and Mrs. Blackburn) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
[[Page S7811]]
SEC. ____. NATIONAL MANUFACTURING EXTENSION PARTNERSHIP
SUPPLY CHAIN DATABASE.
(a) Definitions.--In this section:
(1) Center.--The term ``Center'' has the meaning given such
term in section 25(a) of the National Institute of Standards
and Technology Act (15 U.S.C. 278k(a)).
(2) Database.--The term ``Database'' means the National
Manufacturing Extension Partnership Supply Chain Database
established under subsection (b).
(3) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(4) Institute.--The term ``Institute'' means the National
Institute of Standards and Technology.
(b) Establishment of Database.--
(1) In general.--Subject to the availability of
appropriations, the Director shall establish a database to
assist the United States in minimizing disruptions in the
supply chain by providing a resource for manufacturers in the
United States to gain information on product availability on
a real time basis.
(2) Designation.--The database established under paragraph
(1) shall be known as the ``National Manufacturing Extension
Partnership Supply Chain Database''.
(c) Considerations.--In establishing the Database, the
Director shall consider the findings and recommendations from
the study required under section 9413 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), including measures to secure and
protect the Database from adversarial attacks and
vulnerabilities.
(d) Connections With Hollings Manufacturing Extension
Partnerships Centers.--
(1) In general.--The Director shall create the
infrastructure for the Database through the Hollings
Manufacturing Extension Partnership, established under
section 25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k), by connecting information
from the Centers through the Database.
(2) National view.--The Director shall ensure that
connections under paragraph (1)--
(A) provide a national overview of the networks of supply
chains of the United States; and
(B) support understanding of whether there is a need for
some manufacturers to retool in some critical areas to meet
the urgent need for key products, such as defense supplies,
food, and medical devices, including personal protective
equipment.
(3) Individual hollings manufacturing extension partnership
center databases.--
(A) In general.--The Director shall ensure that--
(i) each Center is connected to the Database; and
(ii) each supply chain database maintained by a Center is
interoperable with the Database.
(B) Rule of construction.--Nothing in this section shall be
construed to require a State or territory of the United
States to establish a new supply chain database through the
Hollings Manufacturing Extension Partnership program.
(e) Maintenance of National Supply Chain Database.--The
Director, acting through the Hollings Manufacturing Extension
Partnership program or a designee of the program--
(1) shall maintain the Database as an integration of State-
level databases from the Center of each State or territory of
the United States; and
(2) may populate the Database with information from past,
current, or potential clients of Centers.
(f) Database Content.--
(1) In general.--The Database may include the following:
(A) Basic company information.
(B) An overview of capabilities, accreditations, and
products.
(C) Proprietary information.
(D) Such other items as the Director considers necessary.
(2) Standard classification system.--The Database shall use
the North American Industry Classification System (NAICS)
Codes as follows:
(A) Sector 31-33 - Manufacturing.
(B) Sector 54 - Professional, Scientific, and Technical
Services.
(C) Sector 48-49 - Transportation and Warehousing.
(3) Levels.--The Database shall be multi-leveled as
follows:
(A) Level 1 shall have basic company information and shall
be available to the public.
(B) Level 2 shall have a deeper, nonproprietary overview
into capabilities, products, and accreditations and shall be
available to all companies that contribute to the Database
and agree to terms of mutual disclosure.
(C) Level 3 shall hold proprietary information.
(4) Matters relating to disclosure and access.--
(A) FOIA exemption.--The Database, and any information
contained therein that is not publicly released by the
Institute, shall be exempt from public disclosure under
section 552(b)(3) of title 5, United States Code.
(B) Limitation on access to content.--Access to a
contributing company's nonpublic content in the Database
shall be limited to the contributing company, the Institute,
and staff from a Center who sign such nondisclosure agreement
as the Director considers appropriate.
(C) Aggregated information.--The Director may make
aggregated, de-identified information available to
contributing companies, Centers, or the public, as the
Director considers appropriate, in support of the purposes of
this section.
(g) Coordination With National Technology and Industrial
Base.--The Director, acting through the Hollings
Manufacturing Extension Partnership program, may work with
the National Defense Technology and Industrial Base Council
established by section 2502(a) of title 10, United States
Code, as the Director considers appropriate, to include in
the Database information regarding the defense manufacturing
supply chain.
(h) Protections.--
(1) In general.--Supply chain information that is
voluntarily and lawfully submitted by a private entity and
accompanied by an express statement described in paragraph
(2)--
(A) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code;
(B) shall not be made available pursuant to any Federal,
State, local, or Tribal authority pursuant to any Federal,
State, local, or Tribal law requiring public disclosure of
information or records; and
(C) shall not, without the written consent of the person or
entity submitting such information, be used directly by the
Director, or any other Federal, State, or local authority in
any civil enforcement action brought by a Federal, State, or
local authority.
(2) Express statement.--The express statement described in
this paragraph, with respect to information or records, is--
(A) in the case of written information or records, a
written marking on the information or records substantially
similar to the following: ``This information is voluntarily
submitted to the Federal Government in expectation of
protection from disclosure as provided by the provisions of
section [___](h) of the National Defense Authorization Act
for Fiscal Year 2022.''; or
(B) in the case of oral information, a written statement
similar to the statement described in subparagraph (A)
submitted within a reasonable period following the oral
communication.
(i) Rules of Construction.--
(1) Private entities.--Nothing in this section shall be
construed to require any private entity to share data with
the Director specifically for to the Database.
(2) Prohibition on new regulatory authority.--Nothing in
this section shall be construed to grant the Director, or the
head of any other Federal agency, with any authority to
promulgate regulations or set standards on manufacturers,
based on data within the Database, that was not in effect on
the day before the date of enactment of this section.
(j) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) $31,000,000 for fiscal year 2022 to develop and launch
the Database; and
(2) $26,000,000 for each of fiscal years 2023 through 2026
to maintain, update, and support Federal coordination of the
State supply chain databases maintained by the Centers.
______
SA 4279. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE _____--VIEQUES RECOVERY AND REDEVELOPMENT
SEC. ___01. SHORT TITLE.
This title may be cited as the ``Vieques Recovery and
Redevelopment Act''.
SEC. ___02. FINDINGS.
The Congress finds the following:
(1) Vieques is an island municipality of Puerto Rico,
measuring approximately 21 miles long by 4 miles wide, and
located approximately 8 miles east of the main island of
Puerto Rico.
(2) Prior to Hurricane Maria, residents of Vieques were
served by an urgent medical care facility, the Susana Centeno
Family Health Center, and residents had to travel off-island
to obtain medical services, including most types of emergency
care because the facility did not have the basic use of x-ray
machines, CT machines, EKG machines, ultrasounds, or PET
scans.
(3) The predominant means of transporting passengers and
goods between Vieques and the main island of Puerto Rico is
by ferry boat service, and over the years, the efficiency of
this service has frequently been disrupted, unreliable, and
difficult for cancer patients to endure to receive treatment.
Each trip to Ceiba, Puerto Rico, for the cancer patient is an
additional out-of-pocket expense ranging from $120 to $200.
(4) The United States Military maintained a presence on the
eastern and western portions of Vieques for close to 60
years, and used parts of the island as a training range
during those years, dropping over 80 million tons of ordnance
and other weaponry available to the United States military
since World War II.
[[Page S7812]]
(5) The unintended, unknown, and unavoidable consequences
of these exercises were to expose Americans living on the
islands to the residue of that weaponry which includes heavy
metals and many other chemicals now known to harm human
health.
(6) According to Government and independent documentation,
the island of Vieques has high levels of heavy metals and has
been exposed to chemical weapons and toxic chemicals. Since
the military activity in Vieques, island residents have
suffered from the health impacts from long-term exposure to
environmental contamination as a result of 62 years of
military operations, and have experienced higher rates of
certain diseases among residents, including cancer,
cirrhosis, hypertension, diabetes, heavy metal diseases,
along with many unnamed and uncategorized illnesses. These
toxic residues have caused the American residents of Vieques
to develop illnesses due to ongoing exposure.
(7) In 2017, Vieques was hit by Hurricane Maria, an
unusually destructive storm that devastated Puerto Rico and
intensified the existing humanitarian crisis on the island by
destroying existing medical facilities.
(8) The medical systems in place prior to Hurricane Maria
were unable to properly handle the health crisis that existed
due to the toxic residue left on the island by the military's
activities.
(9) After Maria, the medical facility was closed due to
damage and continues to be unable to perform even the few
basic services that it did provide. Vieques needs a medical
facility that can treat and address the critical and urgent
need to get life-saving medical services to its residents.
Due to legal restrictions, the Federal Emergency Management
Agency (in this title referred to as ``FEMA'') is unable to
provide a hospital where its capabilities exceed the
abilities of the facility that existed prior to Maria;
therefore Vieques needs assistance to build a facility to
manage the vast health needs of its residents.
(10) Every American has benefitted from the sacrifices of
those Americans who have lived and are living on Vieques and
it is our intent to acknowledge that sacrifice and to treat
those Americans with the same respect and appreciation that
other Americans enjoy.
(11) In 2012, the residents of Vieques were denied the
ability to address their needs in Court due to sovereign
immunity, Sanchez v. United States, No. 3:09-cv-01260-DRD
(D.P.R.). However, the United States Court of Appeals for the
First Circuit referred the issue to Congress and urged it to
address the humanitarian crisis. This bill attempts to
satisfy that request such that Americans living on Vieques
have a remedy for the suffering they have endured.
SEC. ___03. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES
FOR CERTAIN RESIDENTS OF THE ISLAND OF VIEQUES,
PUERTO RICO.
(a) In General.--An individual claimant who has resided on
the island of Vieques, Puerto Rico, for not less than 5 years
and files a claim for compensation under this section with
the Special Master, appointed pursuant to subsection (c),
shall be awarded monetary compensation as described in
subsection (b) if--
(1) the Special Master determines that the claimant is or
was a resident, the child of a resident, or an immediate heir
(as determined by the laws of Puerto Rico) of a deceased
claimant on the island of Vieques, Puerto Rico, during or
after the United States Government used the island of
Vieques, Puerto Rico, for military readiness;
(2) the claimant previously filed a lawsuit or an
administrative claim, or files a claim not later than 120
days after the date of the enactment of this Act against the
United States Government for personal injury, including
illness or death arising from use by the United States
Government of the island of Vieques for military readiness;
and
(3) the claimant submits to the Special Master written
medical documentation that indicates the claimant contracted
a chronic, life-threatening, or physical disease or illness
limited to cancer, hypertension, cirrhosis, kidney disease,
diabetes, or a heavy metal poisoning during or after the
United States Government used the island of Vieques, Puerto
Rico, for military readiness.
(b) Amounts of Award.--
(1) In general.--A claimant who meets the requirements of
subsection (a) shall be awarded compensation as follows:
(A) $50,000 for 1 disease described in subsection (a)(3).
(B) $80,000 for 2 diseases described in subsection (a)(3).
(C) $110,000 for 3 or more diseases described in subsection
(a)(3).
(2) Increase in award.--In the case that an individual
receiving an award under paragraph (1) of this subsection
contracts another disease under subsection (a)(3) and files a
new claim with the Special Master for an additional award not
later than 10 years after the date of the enactment of this
Act, the Special Master may award the individual an amount
that is equal to the difference between--
(A) the amount that the individual would have been eligible
to receive had the disease been contracted before the
individual filed an initial claim under subsection (a); and
(B) the amount received by the individual pursuant to
paragraph (1).
(3) Deceased claimants.--In the case of an individual who
dies before making a claim under this section or a claimant
who dies before receiving an award under this section, any
immediate heir to the individual or claimant, as determined
by the laws of Puerto Rico, shall be eligible for one of the
following awards:
(A) Compensation in accordance with paragraph (1), divided
among any such heir.
(B) Compensation based on the age of the deceased as
follows:
(i) In the case of an individual or claimant who dies
before attaining 20 years of age, $110,000, divided among any
such heir.
(ii) In the case of an individual or claimant who dies
before attaining 40 years of age, $80,000, divided among any
such heir.
(iii) In the case of an individual or claimant who dies
before attaining 60 years of age, $50,000, divided among any
such heir.
(c) Appointment of Special Master.--
(1) In general.--The Attorney General shall appoint a
Special Master not later than 90 days after the date of the
enactment of this Act to consider claims by individuals and
the municipality.
(2) Qualifications.--The Attorney General shall consider
the following in choosing the Special Master:
(A) The individual's experience in the processing of
victims' claims in relation to foreign or domestic
governments.
(B) The individual's balance of experience in representing
the interests of the United States and individual claimants.
(C) The individual's experience in matters of national
security.
(D) The individual's demonstrated abilities in
investigation and fact findings in complex factual matters.
(E) Any experience the individual has had advising the
United States Government.
(d) Award Amounts Related to Claims by the Municipality of
Vieques.--
(1) Award.--The Special Master, in exchange for its
administrative claims, shall provide the following as
compensation to the Municipality of Vieques:
(A) Staff.--The Special Master shall provide medical staff,
and other resources necessary to build and operate a level
three trauma center (in this section, referred to as
``medical facility'') with a cancer center and renal dialysis
unit and its equipment. The medical facility shall be able to
treat life-threatening, chronic, heavy metal, and physical
and mental diseases. The medical facility shall be able to
provide basic x-ray, EKG, internal medicine expertise,
medical coordination personnel and case managers, ultrasound,
and resources necessary to screen claimants described in
subsection (a) who are receiving treatment for the diseases
or illnesses described in paragraph (3) of that subsection
for cancer and the other prevailing health problems.
(B) Operations.--The Special Master shall fund the
operations of the medical facility to provide medical care
for pediatric and adult patients who reside on the island of
Vieques, allowing the patients to be referred for tertiary
and quaternary health care facilities when necessary, and
providing the transportation and medical costs when traveling
off the island of Vieques.
(C) Administrative expertise.--The Special Master shall
ensure that the Administrator of FEMA provides all
administrative and technical expertise and oversight in the
bidding and construction of the facility but the design and
abilities of the hospital shall be determined by the Special
Master considering the medical and research needs of the
residents of the island of Vieques. All costs shall be part
of the municipality's compensation.
(D) Interim services.--Before the medical facility on the
island of Vieques is operational, the Special Master shall
provide to claimants described in subsection (a) who are
receiving treatment for the diseases or illnesses described
in paragraph (3) of that subsection--
(i) urgent health care air transport to hospitals on the
mainland of Puerto Rico from the island of Vieques;
(ii) medical coordination personnel and case managers;
(iii) telemedicine communication abilities; and
(iv) any other services that are necessary to alleviate the
health crisis on the island of Vieques.
(E) Screening.--The Special Master shall make available, at
no cost to the patient, medical screening for cancer,
cirrhosis, diabetes, and heavy metal contamination on the
island of Vieques.
(F) Academic partner.--The Special Master shall appoint an
academic partner, with appropriate experience and an
established relationship with the Municipality of Vieques,
that shall--
(i) lead a research and outreach endeavor on behalf of the
Municipality of Vieques;
(ii) select the appropriate scientific expertise and
administer defined studies, conducting testing and evaluation
of the soils, seas, plant and animal food sources, and the
health of residents; and
(iii) determine and implement the most efficient and
effective way to reduce the environmental toxins to a level
sufficient to return the soils, seas, food sources, and
health circumstances to a level that reduces the diseases on
the island of Vieques to the average in the United States.
(G) Duties.--The Special Master shall provide amounts
necessary for the academic partner and medical coordinator to
carry out the duties described in subparagraphs (A) through
(D).
[[Page S7813]]
(H) Procurement.--The Special Master shall provide amounts
necessary to compensate the Municipality of Vieques for--
(i) contractual procurement obligations and additional
expenses incurred by the municipality as a result of the
enactment of this section and settlement of its claim; and
(ii) any other damages and costs to be incurred by the
municipality, if the Special Master determines that it is
necessary to carry out the purpose of this section.
(I) Power source.--The Special Master shall determine the
best source of producing independent power on the island of
Vieques that is hurricane resilient and can effectively
sustain the needs of the island and shall authorize such
construction as an award to the Municipality of Vieques.
(2) Source.--
(A) In general.--Except as provided in subparagraph (B),
amounts awarded under this title shall be made from amounts
appropriated under section 1304 of title 31, United States
Code, commonly known as the ``Judgment Fund'', as if claims
were adjudicated by a United States District Court under
section 1346(b) of title 28, United States Code.
(B) Limitation.--Total amounts awarded under this title
shall not exceed $1,000,000,000.
(3) Determination and payment of claims.--
(A) Establishment of filing procedures.--The Attorney
General shall establish procedures whereby individuals and
the municipality may submit claims for payments under this
section to the Special Master.
(B) Determination of claims.--The Special Master shall, in
accordance with this subsection, determine whether each claim
meets the requirements of this section. Claims filed by
residents of the island of Vieques that have been disposed of
by a court under chapter 171 of title 28, United States Code,
shall be treated as if such claims are currently filed.
(e) Action on Claims.--The Special Master shall make a
determination on any claim filed under the procedures
established under this section not later than 150 days after
the date on which the claim is filed.
(f) Payment in Full Settlement of Claims by Individuals and
the Municipality of Vieques Against the United States.--The
acceptance by an individual or the Municipality of Vieques of
a payment of an award under this section shall--
(1) be final and conclusive;
(2) be deemed to be in full satisfaction of all claims
under chapter 171 of title 28, United States Code; and
(3) constitute a complete release by the individual or
municipality of such claim against the United States and
against any employee of the United States acting in the scope
of employment who is involved in the matter giving rise to
the claim.
(g) Certification of Treatment of Payments Under Other
Laws.--Amounts paid to an individual under this section--
(1) shall be treated for purposes of the laws of the United
States as damages for human suffering; and
(2) may not be included as income or resources for purposes
of determining eligibility to receive benefits described in
section 3803(c)(2)(C) of title 31, United States Code, or the
amount of such benefits.
(h) Limitation on Claims.--A claim to which this section
applies shall be barred unless the claim is filed within 15
years after the date of the enactment of this Act.
______
SA 4280. Mr. SCHATZ (for himself, Ms. Ernst, Mr. Young, and Mrs.
Gillibrand) submitted an amendment intended to be proposed to amendment
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill
H.R. 4350, to authorize appropriations for fiscal year 2022 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of part II of subtitle B of title V, add the
following:
SEC. 520B. TIGER TEAM FOR OUTREACH TO FORMER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the mission of the Department of Defense is to provide
the military forces needed to deter war and to protect the
security of the United States;
(2) expanding outreach to veterans impacted by Don't Ask,
Don't Tell or a similar policy prior to the enactment of
Don't Ask, Don't Tell is important to closing a period of
history harmful to the creed of integrity, respect, and honor
of the military;
(3) the Department is responsible for providing for the
review of a veteran's military record before the appropriate
discharge review board or, when more than 15 years has
passed, board of correction for military or naval records;
and
(4) the Secretary of Defense should, wherever possible,
coordinate and conduct outreach to impacted veterans through
the veterans community and networks, including through the
Department of Veterans Affairs and veterans service
organizations, to ensure that veterans understand the review
processes that are available to them for upgrading military
records.
(b) Establishment of Tiger Team.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a team (commonly known as a ``tiger team'' and
referred to in this section as the ``Tiger Team'')
responsible for conducting outreach to build awareness among
former members of the Armed Forces of the process established
pursuant to section 527 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1552
note) for the review of discharge characterizations by
appropriate discharge boards. The Tiger Team shall consist of
appropriate personnel of the Department of Defense assigned
to the Tiger Team by the Secretary for purposes of this
section.
(2) Tiger team leader.--One of the persons assigned to the
Tiger Team under paragraph (1) shall be a senior-level
officer or employee of the Department who shall serve as the
lead official of the Tiger Team (in this section referred to
as the ``Tiger Team Leader'') and who shall be accountable
for the activities of the Tiger Team under this section,
(3) Report on composition.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
submit to Congress a report setting forth the names of the
personnel of the Department assigned to the Tiger Team
pursuant to this subsection, including the positions to which
assigned. The report shall specify the name of the individual
assigned as Tiger Team Leader.
(c) Duties.--
(1) In general.--The Tiger Team shall conduct outreach to
build awareness among veterans of the process established
pursuant to section 527 of the National Defense Authorization
Act for Fiscal Year 2020 for the review of discharge
characterizations by appropriate discharge boards.
(2) Collaboration.--In conducting activities under this
subsection, the Tiger Team Leader shall identify appropriate
external stakeholders with whom the Tiger Team shall work to
carry out such activities. Such stakeholders shall include
the following:
(A) The Secretary of Veterans Affairs.
(B) The Archivist of the United States.
(C) Representatives of veterans service organizations.
(D) Such other stakeholders as the Tiger Team Leader
considers appropriate.
(3) Initial report.--Not later than 210 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress the following:
(A) A plan setting forth the following:
(i) A description of the manner in which the Secretary,
working through the Tiger Team and in collaboration with
external stakeholders described in paragraph (2), shall
identify individuals who meet the criteria in section 527(b)
of the National Defense Authorization Act for Fiscal Year
2020 for review of discharge characterization.
(ii) A description of the manner in which the Secretary,
working through the Tiger Team and in collaboration with the
external stakeholders, shall improve outreach to individuals
who meet the criteria in section 527(b) of the National
Defense Authorization Act for Fiscal Year 2020 for review of
discharge characterization, including through--
(I) obtaining contact information on such individuals; and
(II) contacting such individuals on the process established
pursuant to section 527 of the National Defense Authorization
Act for Fiscal Year 2020 for the review of discharge
characterizations.
(B) A description of the manner in which the work described
in clauses (i) and (ii) of subparagraph (A) will be carried
out, including an allocation of the work among the Tiger Team
and the external stakeholders.
(C) A schedule for the implementation, carrying out, and
completion of the plan required under subparagraph (A).
(D) A description of the additional funding, personnel, or
other resources of the Department required to carry out the
plan required under subparagraph (A), including any
modification of applicable statutory or administrative
authorities.
(4) Implementation of plan.--
(A) In general.--The Secretary shall implement and carry
out the plan submitted under subparagraph (A) of paragraph
(3) in accordance with the schedule submitted under
subparagraph (C) of that paragraph.
(B) Updates.--Not less frequently than once every 90 days
after the submittal of the report under paragraph (3), the
Tiger Team shall submit to Congress an update on the carrying
out of the plan submitted under subparagraph (A) of that
paragraph.
(5) Final report.--Not later than 3 years after the date of
the enactment of this Act, the Tiger Team shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a final report on the activities of the Tiger
Team under this subsection. The report shall set forth the
following:
(A) The number of individuals discharged under Don't Ask,
Don't Tell or a similar policy prior to the enactment of
Don't Ask, Don't Tell.
(B) The number of individuals described in subparagraph (A)
who availed themselves of a review of discharge
characterization (whether through discharge review or
correction of military records) through a process established
prior to the enactment of this Act.
(C) The number of individuals contacted through outreach
conducted pursuant to this section.
[[Page S7814]]
(D) The number of individuals described in subparagraph (A)
who availed themselves of a review of discharge
characterization through the process established pursuant to
section 527 of the National Defense Authorization Act for
Fiscal Year 2020.
(E) The number of individuals described in subparagraph (D)
whose review of discharge characterization resulted in a
change of characterization to honorable discharge.
(F) The total number of individuals described in
subparagraph (A), including individuals also covered by
subparagraph (E), whose review of discharge characterization
since September 20, 2011 (the date of repeal of Don't Ask,
Don't Tell), resulted in a change of characterization to
honorable discharge.
(6) Termination.--On the date that is 60 days after the
date on which the final report required by paragraph (5) is
submitted, the Secretary shall terminate the Tiger Team.
(d) Additional Reports.--
(1) Review.--The Secretary of Defense shall conduct a
review of the consistency and uniformity of the reviews
conducted pursuant to section 527 of the National Defense
Authorization Act for Fiscal Year 2020.
(2) Reports.--Not later than 270 days after the date of the
enactment of this Act, and each year thereafter for a four-
year period, the Secretary shall submit to Congress a report
on the reviews under paragraph (1). Such reports shall
include any comments or recommendations for continued
actions.
(e) Relief for Impacted Former Members.--
(1) Review of discharge.--
(A) In general.--The Secretary of Defense shall review and
update existing guidance to ensure that the appropriate
discharge board for the military departments concerned shall
review a discharge characterization of the covered member as
required under section 527 of the National Defense
Authorization Act for Fiscal Year 2020 at the request of a
covered member, or their representative, notwithstanding any
requirements to provide documentation necessary to initiate a
review of a discharge characterization.
(B) Exception.--The appropriate discharge board for the
military departments concerned shall not be required to
initiate a request for a review of a discharge as described
in subparagraph (A) if there is evidence available to the
discharge board that is unrelated to the material request of
the covered member or their representative but that would
have reasonably substantiated the military department's
discharge decision.
(2) Veterans benefits.--
(A) Effective date of change of characterization for
veterans benefits.--For purposes of the provision of benefits
to which veterans are entitled under the laws administered by
the Secretary of Veterans Affairs to a covered member whose
discharge characterization is changed pursuant to section 527
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 1552 note), the date of
discharge of the member from the Armed Forces shall be deemed
to be the effective date of the change of discharge
characterization under that section.
(B) Rule of construction.--Nothing in this paragraph shall
be construed to authorize any benefit to a covered member in
connection with the change of discharge characterization of
the member under section 527 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 1552 note) for any period before the effective date of
the change of discharge characterization.
(f) Historical Reviews.--
(1) In general.--The Secretary of each military department
shall ensure that oral historians of the department, in
coordination with the chief of the personnel division for the
military department concerned--
(A) review the facts and circumstances surrounding the
estimated 100,000 members of the Armed Forces discharged from
the Armed Forces between World War II and September 2011
because of the sexual orientation of the member, including
any use of ambiguous or misleading separation codes and
characterizations intended to disguise the discriminatory
basis of such members' discharge; and
(B) receive oral testimony of individuals who personally
experienced discrimination and discharge because of the
actual or perceived sexual orientation of the individual so
that such testimony may serve as an official record of these
discriminatory policies and their impact on American lives.
(2) Deadline for completion.--Each Secretary of a military
department shall ensure that the oral historians concerned
complete the actions required by paragraph (1) by not later
than two years after the date of the enactment of this Act.
(3) Uses of information.--Information obtained through
actions under paragraph (1) shall be available to members
described in that paragraph for pursuit by such members of a
remedy under section 527 of the National Defense
Authorization Act for Fiscal Year 2020 in accordance with
regulations prescribed for such purpose by the Secretary of
the military department concerned.
(g) Don't Ask, Don't Tell Defined.--In this section, the
term ``Don't Ask, Don't Tell'' means section 654 of title 10,
United States Code, as in effect before such section was
repealed pursuant to the Don't Ask, Don't Tell Repeal Act of
2010 (Public Law 111-321).
______
SA 4281. Mrs. GILLIBRAND submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in title XV, insert the
following:
SEC. ___. ESTABLISHMENT OF STRUCTURE AND AUTHORITIES TO
ADDRESS UNIDENTIFIED AERIAL PHENOMENA.
(a) Establishment of Anomaly Surveillance and Resolution
Office.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
coordination with the Director of National Intelligence,
establish an office within an appropriate component of the
Department of Defense, or within a joint organization of the
Department of Defense and the Office of the Director of
National Intelligence, to assume--
(A) the duties of the Unidentified Aerial Phenomenon Task
Force, as in effect on the day before the date of the
enactment of this Act; and
(B) such other duties as are required by this section.
(2) Designation.--The office established under paragraph
(1) shall be known as the ``Anomaly Surveillance and
Resolution Office'' (in this section referred to as the
``Office'').
(3) Termination or subordination of prior task force.--Upon
the establishment of the Anomaly Surveillance and Resolution
Office, the Secretary shall terminate the Unidentified Aerial
Phenomenon Task Force or subordinate it to the Office.
(b) Facilitation of Reporting and Data Sharing.--The
Director and the Secretary shall each, in coordination with
each other, require that--
(1) each element of the intelligence community and the
Department, with any data that may be relevant to the
investigation of unidentified aerial phenomena, make such
data available immediately to the Office; and
(2) military and civilian personnel employed by or under
contract to the Department or an element of the intelligence
community shall have access to procedures by which they shall
report incidents or information, including adverse
physiological effects, involving or associated with
unidentified aerial phenomena directly to the Office.
(c) Duties.--The duties of the Office established under
subsection (a) shall include the following:
(1) Developing procedures to synchronize and standardize
the collection, reporting, and analysis of incidents,
including adverse physiological effects, regarding
unidentified aerial phenomena across the Department and
intelligence community.
(2) Developing processes and procedures to ensure that such
incidents from each component of the Department and each
element of the intelligence community are reported and
incorporated in a centralized repository.
(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
(4) Evaluating links between unidentified aerial phenomena
and adversarial foreign governments, other foreign
governments, or nonstate actors.
(5) Evaluating the threat that such incidents present to
the United States.
(6) Coordinating with other departments and agencies of the
Federal Government, as appropriate, including the Federal
Aviation Administration, the National Aeronautics and Space
Administration, the Department of Homeland Security, the
National Oceanic and Atmospheric Administration, and the
Department of Energy.
(7) Coordinating with allies and partners of the United
States, as appropriate, to better assess the nature and
extent of unidentified aerial phenomena.
(8) Preparing reports for Congress, in both classified and
unclassified form, as required by subsections (h) and (i).
(d) Employment of Line Organizations for Field
Investigations of Unidentified Aerial Phenomena.--
(1) In general.--The Director and the Secretary shall each,
in coordination with each other, designate line organizations
within the Department of Defense and the intelligence
community that possess appropriate expertise, authorities,
accesses, data, systems, platforms, and capabilities to
rapidly respond to, and conduct field investigations of,
incidents involving unidentified aerial phenomena under the
direction of the Office.
(2) Personnel, equipment, and resources.--The Director and
the Secretary shall take such actions as may be necessary to
ensure that the designated organization or organizations have
available adequate personnel with requisite expertise,
equipment, transportation, and other resources necessary to
respond rapidly to incidents or patterns of observations of
unidentified aerial phenomena of which the Office becomes
aware.
(e) Utilization of Line Organizations for Scientific,
Technological, and Operational Analyses of Data on
Unidentified Aerial Phenomena.--
[[Page S7815]]
(1) In general.--The Director and the Secretary shall each,
in coordination with each other, designate one or more line
organizations that will be primarily responsible for
scientific, technical, and operational analysis of data
gathered by field investigations conducted under subsection
(d), or data from other sources, including testing of
materials, medical studies, and development of theoretical
models to better understand and explain unidentified aerial
phenomena.
(2) Authority.--The Director and the Secretary shall
promulgate such directives as necessary to ensure that the
designated line organizations have authority to draw on
special expertise of persons outside the Federal Government
with appropriate security clearances.
(f) Intelligence Collection and Analysis Plan.--
(1) In general.--The head of the Office shall supervise the
development and execution of an intelligence collection and
analysis plan on behalf of the Secretary and the Director to
gain as much knowledge as possible regarding the technical
and operational characteristics, origins, and intentions of
unidentified aerial phenomena, including the development,
acquisition, deployment, and operation of technical
collection capabilities necessary to detect, identify, and
scientifically characterize unidentified aerial phenomena.
(2) Use of resources and capabilities.--In developing the
plan required by paragraph (1), the head of the Office shall
consider and propose, as appropriate, the use of any
resource, capability, asset, or process of the Department and
the intelligence community.
(g) Science Plan.--The head of the Office shall supervise
the development and execution of a science plan on behalf of
the Secretary and the Director to develop and test, as
practicable, scientific theories to account for
characteristics and performance of unidentified aerial
phenomena that exceed the known state of the art in science
or technology, including in the areas of propulsion,
aerodynamic control, signatures, structures, materials,
sensors, countermeasures, weapons, electronics, and power
generation, and to provide the foundation for potential
future investments to replicate any such advanced
characteristics and performance.
(h) Assignment of Priority.--The Director, in consultation
with the Secretary, shall assign an appropriate level of
priority within the National Intelligence Priorities
Framework to the requirement to understand, characterize, and
respond to unidentified aerial phenomena.
(i) Use of Authorized and Appropriated Funds.--The
obtaining and analysis of data relating to unidentified
aerial phenomena is a legitimate use of funds authorized and
appropriated to Department and elements of the intelligence
community for--
(1) general intelligence gathering and intelligence
analysis;
(2) strategic defense, space defense, defense of controlled
air space, defense of ground, air, or naval assets, and
related purposes; and
(3) any additional existing funding sources as may be so
designated by the Secretary or the Director.
(j) Annual Report.--
(1) Requirement.--Not later than October 31, 2022, and
annually thereafter until October 31, 2026, the Director, in
consultation with the Secretary, shall submit to the
appropriate committees of Congress a report on unidentified
aerial phenomena.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the year covered by the report, the
following information:
(A) An analysis of data and intelligence received through
reports of unidentified aerial phenomena.
(B) An analysis of data relating to unidentified aerial
phenomena collected through--
(i) geospatial intelligence
(ii) signals intelligence;
(iii) human intelligence; and
(iv) measurement and signals intelligence.
(C) The number of reported incidents of unidentified aerial
phenomena over restricted air space of the United States.
(D) An analysis of such incidents identified under
subparagraph (C).
(E) Identification of potential aerospace or other threats
posed by unidentified aerial phenomena to the national
security of the United States.
(F) An assessment of any activity regarding unidentified
aerial phenomena that can be attributed to one or more
adversarial foreign governments.
(G) Identification of any incidents or patterns regarding
unidentified aerial phenomena that indicate a potential
adversarial foreign government may have achieved a
breakthrough aerospace capability.
(H) An update on the coordination by the United States with
allies and partners on efforts to track, understand, and
address unidentified aerial phenomena.
(I) An update on any efforts to capture or exploit
discovered unidentified aerial phenomena.
(J) An assessment of any health-related effects for
individuals who have encountered unidentified aerial
phenomena.
(K) The number of reported incidents, and descriptions
thereof, of unidentified aerial phenomena associated with
military nuclear assets, including strategic nuclear weapons
and nuclear-powered ships and submarines.
(L) In consultation with the Administrator of the National
Nuclear Security Administration, the number of reported
incidents, and descriptions thereof, of unidentified aerial
phenomena associated with facilities or assets associated
with the production, transportation, or storage of nuclear
weapons or components thereof.
(M) In consultation with the Chairman of the Nuclear
Regulatory Commission, the number of reported incidents, and
descriptions thereof, of unidentified aerial phenomena or
drones of unknown origin associated with nuclear power
generating stations, nuclear fuel storage sites, or other
sites or facilities regulated by the Nuclear Regulatory
Commission.
(N) The names of the line organizations that have been
designated to perform the specific functions imposed by
subsections (d) and (e) of this section, and the specific
functions for which each such line organization has been
assigned primary responsibility.
(3) Form.-- Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(k) Semiannual Briefings.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and not less frequently than
semiannually thereafter until December 31, 2026, the head of
the Office shall provide the classified briefings on
unidentified aerial phenomena to--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) First briefing.--The first briefing provided under
paragraph (1) shall include all incidents involving
unidentified aerial phenomena that were reported to the
Unidentified Aerial Phenomena Task Force or to the Office
after June 24, 2021, regardless of the date of occurrence of
the incident.
(3) Subsequent briefings.--Each briefing provided
subsequent to the first briefing described in paragraph (2)
shall include, at a minimum, all events relating to
unidentified aerial phenomena that occurred during the
previous 180 days, and events relating to unidentified aerial
phenomena that were not included in an earlier briefing due
to delay in an incident reaching the reporting system or
other such factors.
(4) Instances in which data was not shared.--For each
briefing period, the Chairman and Vice Chairman or Ranking
Member of the Committee on Armed Services and the Select
Committee on Intelligence of the Senate and the Committee on
Armed Services and the Permanent Select Committee on
Intelligence of the House of Representatives shall receive an
enumeration of any instances in which data related to
unidentified aerial phenomena was denied to the Office
because of classification restrictions on that data or for
any other reason.
(l) Aerial and Transmedium Phenomena Advisory Committee.--
(1) Establishment.--(A) Not later than October 1, 2022, the
Secretary and the Director shall establish an advisory
committee for the purpose of--
(i) advising the Office in the execution of the duties of
the Office as provided by this subsection; and
(ii) advising the Director regarding the gathering and
analysis of data, and scientific research and development
pertaining to unidentified aerial phenomena.
(B) The advisory committee established under subparagraph
(A) shall be known as the ``Aerial and Transmedium Phenomena
Advisory Committee'' (in this subparagraph the
``Committee'').
(2) Membership.--(A) Subject to subparagraph (B), the
Committee shall be composed of the following:
(i) 20 members as follows:
(I) Three persons appointed by the Administrator of the
National Astronautics and Space Administration.
(II) Two persons appointed by the Administrator of the
Federal Aviation Administration.
(III) Two persons appointed by the President of the
National Academies of Sciences.
(IV) Two persons appointed by the President of the National
Academy of Engineering.
(V) One person appointed by the President of the National
Academy of Medicine.
(VI) Three persons appointed by the Director of the Galileo
Project at Harvard University.
(VII) Two persons appointed by the Board of Directors of
the Scientific Coalition for Unidentified Aerospace Phenomena
Studies.
(VIII) Two persons appointed by the President of the
American Institute of Astronautics and Aeronautics.
(IX) Two persons appointed by the Director of the Optical
Technology Center at Montana State University.
(X) One person appointed by the president of the American
Society for Photogrammetry and Remote Sensing.
(ii) Up to five additional members, as the Secretary and
the Director jointly consider appropriate, selected from
among individuals with requisite expertise, at least 3 of
whom shall not be employees of any Federal Government agency
or Federal Government contractor.
(B) No individual may be appointed to the Committee under
subparagraph (A) unless the Secretary and the Directly
jointly determine that the individual--
(i) qualifies for a security clearance at the secret level
or higher;
[[Page S7816]]
(ii) possesses scientific, medical, or technical expertise
pertinent to some aspect of the investigation and analysis of
unidentified aerial phenomena; and
(iii) has previously conducted research or writing that
demonstrates scientific, technological, or operational
knowledge regarding aspects of the subject matter, including
propulsion, aerodynamic control, signatures, structures,
materials, sensors, countermeasures, weapons, electronics,
power generation, field investigations, forensic examination
of particular cases, analysis of open source and classified
information regarding domestic and foreign research and
commentary, and historical information pertaining to
unidentified aerial phenomena.
(C) The Secretary and Director may terminate the membership
of any individual on the Committee upon a finding by the
Secretary and the Director jointly that the member no longer
meets the criteria specified in this subsection.
(3) Chairperson.--The Secretary and Director shall jointly
designate a temporary Chairperson of the Committee, but at
the earliest practicable date the Committee shall elect a
Chairperson from among its members, who will serve a term of
2 years, and is eligible for re-election.
(4) Expert assistance, advice, and recommendations.--(A)
The Committee may, upon invitation of the head of the Office,
provide expert assistance or advice to any line organization
designated to carry out field investigations or data analysis
as authorized by subsections (d) and (e).
(B) The Committee, on its own initiative, or at the request
of the Director, the Secretary, or the head of the Office,
may provide advice and recommendations regarding best
practices with respect to the gathering and analysis of data
on unidentified aerial phenomena in general, or commentary
regarding specific incidents, cases, or classes of
unidentified aerial phenomena.
(5) Report.--Not later than December 31, 2022, and not
later than December 31 of each year thereafter, the Committee
shall submit a report summarizing its activities and
recommendations to the following:
(A) The Director.
(B) The Secretary.
(C) The head of the Office.
(D) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(E) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(6) Relation to faca.--For purposes of the Federal Advisory
Committee Act (5 U.S.C. App.), the Committee shall be
considered an advisory committee (as defined in section 3 of
such Act, except as otherwise provided in the section or as
jointly deemed warranted by the Secretary and the Director
under section 4(b)(3) of such Act.
(7) Termination of committee.--The Committee shall
terminate on the date that is six years after the date of the
establishment of the Committee.
(m) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Foreign Relations of
the Senate; and
(B) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Foreign
Affairs of the House of Representatives.
(2) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(3) The term ``transmedium objects or devices'' means
objects or devices that are observed to transition between
space and the atmosphere, or between the atmosphere and
bodies of water, that are not immediately identifiable.
(4) The term ``unidentified aerial phenomena'' means--
(A) airborne objects that are not immediately identifiable;
(B) transmedium objects or devices; and
(C) submerged objects or devices that are not immediately
identifiable and that display behavior or performance
characteristics suggesting that they may be related to the
subjects described in subparagraph (A) or (B).
______
SA 4282. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1054. COMBATING TRAFFICKING OF CUBAN DOCTORS.
(a) Short Title.--This section may be cited as the
``Combating Trafficking of Cuban Doctors Act of 2021''.
(b) Findings.--Congress makes the following findings:
(1) The Department of State's 2020 Trafficking in Persons
report ranked Cuba in Tier 3 and included evidence regarding
Cuba's foreign medical missions and the Government of Cuba's
longstanding failure to criminalize most forms of forced
labor, specifically noting allegations that Cuban authorities
coerced participants to remain in foreign medical missions
by--
(A) ``withholding their passports and medical
credentials'';
(B) ``using `minders' to conduct surveillance of
participants outside of work'';
(C) ``restricting their movement'';
(D) ``retaliat[ing] against their family members in Cuba if
participants leave the program''; or
(E) ``impos[ing] criminal penalties, exile, and family
separation if participants do not return to Cuba as directed
by government supervisors''.
(2) Since the outbreak of the COVID-19 pandemic in early
2020, the Government of Cuba has deployed approximately 1,500
medical personnel to at least 20 countries.
(3) The United Nations Special Rapporteur on contemporary
forms of slavery and the United Nations Special Rapporteur on
trafficking in persons, especially women and children, in
their letter to the Government of Cuba on November 6, 2019--
(A) noted reports of coercive labor practices through the
Government of Cuba's foreign medical missions;
(B) highlighted reports by Cuban medical professionals that
they received regular threats from Cuban officials while
working overseas, including sexual harassment of women; and
(C) expressed concern that the practices referred to in
subparagraphs (A) and (B) constitute slavery and trafficking
in persons.
(4) In 2019, the Government of Cuba maintained an estimated
34,000 to 50,000 medical personnel in more than 60 countries
under conditions that represent forced labor, according to
the Department of State.
(5) The Government of Cuba realized profits in excess of
$6,300,000,000 during 2018 from exporting the services of
Cuban professionals, of which foreign medical missions
represent the majority of the services and income.
(6) The term ``severe forms of trafficking in persons'' is
defined under section 103(11)(B) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(11)(B)) as ``the
recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services, through the use
of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the Government of Cuba subjects Cuban doctors and other
medical professionals to state-sponsored human trafficking;
and
(2) the Government of Cuba should immediately and
transparently respond to requests for information from the
United Nations Special Rapporteur on contemporary forms of
slavery and the United Nations Special Rapporteur on
trafficking in persons, especially women and children.
(d) Annual Report.--Not later than 180 days after the date
of the enactment of this Act and annually thereafter until
the date specified in subsection (f), the Secretary of State
shall submit a report to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives that--
(1) identifies the countries that are hosting Cuban medical
personnel who are participating in foreign medical missions
for the Government of Cuba;
(2) to the extent feasible, includes an estimate of--
(A) the number of Cuban medical personnel in each country;
and
(B) the value of the financial arrangement between the
Government of Cuba and the host country government;
(3) describes the conditions in each country under which
Cuban medical personnel live and work; and
(4) describes the role of any international organization in
each country hosting Cuban medical personnel.
(e) Determination on Human Trafficking.--In each report
submitted pursuant to subsection (d), the Secretary of State
shall determine whether--
(1) the Cuban medical personnel in each country identified
in the report are subjected to conditions that qualify as
severe forms of trafficking in persons (as defined in section
103(11) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(11))); and
(2) Cuba's foreign medical missions program constitutes
proof of failure to make significant efforts to bring the
Government of Cuba into compliance with the minimum standards
for the elimination of trafficking in persons (as determined
under section 108 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7106)).
(f) Sunset.--The Secretary of State is not required to
submit the report otherwise required under subsection (d)
after the date on which the Secretary submits a second
consecutive annual report under such paragraph that includes
a determination under subsection (e) that Cuban medical
personnel are no longer subjected to trafficking in persons.
______
SA 4283. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department
[[Page S7817]]
of Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1264. REPORT ON AND DETERMINATION WITH RESPECT TO
EXPORTS BY THE REPUBLIC OF TURKEY OF UNMANNED
AERIAL VEHICLES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to
the appropriate committees of Congress the following:
(1) A report on exports by the Republic of Turkey of
unmanned aerial vehicles, including the Bayraktar TB2, that
includes--
(A) an identification of the destinations and quantity of
such exports since 2018;
(B) a description of any pending sale of unmanned aerial
vehicles by the Republic of Turkey; and
(C) an assessment of whether Turkish unmanned aerial
vehicles contain parts or technology manufactured by United
States entities or affiliates.
(2) A determination with respect to whether exports of
unmanned aerial vehicles by the Republic of Turkey constitute
a violation of--
(A) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(B) any other applicable law; or
(C) United States sanctions policy.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
______
SA 4284. Mr. SASSE (for himself, Mr. Warner, and Mr. Rubio) submitted
an amendment intended to be proposed to amendment SA 3867 submitted by
Mr. Reed and intended to be proposed to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the
following:
SEC. ___. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON
EMERGING TECHNOLOGY AND NATIONAL SECURITY
THREATS.
Section 236 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), is amended--
(1) in subsection (a), by striking ``may'' and inserting
``and the Director of National Intelligence may jointly'';
(2) in subsection (b), by--
(A) by striking paragraphs (3) through (8); and
(B) by inserting after paragraph (2) the following:
``(3) The Principal Deputy Director of National
Intelligence.
``(4) Such other officials of the Department of Defense and
intelligence community as the Secretary of Defense and the
Director of National Intelligence jointly determine
appropriate.'';
(3) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(4) by inserting after subsection (b) the following:
``(c) Leadership.--The Steering Committee shall be chaired
by the Deputy Secretary of Defense, the Vice Chairman of the
Joint Chiefs of Staff, and the Principal Deputy Director of
National Intelligence jointly.'';
(5) in subsection (d), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by striking ``a strategy'' and inserting
``strategies'';
(ii) by inserting ``and intelligence community'' after
``United States military''; and
(iii) by inserting ``and National Intelligence Strategy,
and consistent with the National Security Strategy'' after
``National Defense Strategy'';
(B) inserting in paragraph (3)--
(i) in the matter before subparagraph (A), by inserting
``and the Director of National Intelligence'' after ``the
Secretary of Defense'';
(ii) in subparagraph (A), by striking ``strategy'' and
inserting ``strategies'';
(iii) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(iv) by redesignating subparagraph (E) as subparagraph (F);
and
(v) by inserting after subparagraph (D) the following:
``(E) any changes to the guidance for developing the
National Intelligence Program budget required by section
102A(c)(1)(A) of the National Security Act of 1947 (50 U.S.C.
3024(c)(1)(A)), that may be required to implement the
strategies under paragraph (1); and''; and
(vi) in subparagraph (F), as redesignated by clause (iv),
by inserting ``and the intelligence community'' after
``Department of Defense''; and
(C) in paragraph (4), by inserting ``and Director of
National Intelligence, jointly'' after ``Secretary of
Defense'';
(6) by amending subsection (e), as redesignated by
paragraph (3), to read as follows:
``(e) Definitions.--In this section:
``(1) The term `emerging technology' means technology
determined to be in an emerging phase of development by the
Secretary, including quantum information science and
technology, data analytics, artificial intelligence,
autonomous technology, advanced materials, software, high
performance computing, robotics, directed energy,
hypersonics, biotechnology, medical technologies, and such
other technology as may be identified by the Secretary.
``(2) The term `intelligence community' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).''; and
(7) in subsection (f), as redesignated by paragraph (3), by
striking ``October 1, 2024'' and inserting ``October 1,
2025''.
______
SA 4285. Mr. SCOTT of Florida submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of title XII, add the following:
Subtitle H--Protecting Taiwan From Invasion
SECTION 1291. SHORT TITLE.
This subtitle may be cited as the ``Taiwan Invasion
Prevention Act''.
CHAPTER 1--AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES
SEC. 1292. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Taiwan is a free and prosperous democracy of nearly
24,000,000 people and is an important contributor to peace
and stability around the world.
(2) Section 2(b) of the Taiwan Relations Act (Public Law
96-8; 22 U.S.C. 3301(b)) states that it is the policy of the
United States--
(A) ``to preserve and promote extensive, close, and
friendly commercial, cultural, and other relations between
the people of the United States and the people on Taiwan, as
well as the people on the China mainland and all other
peoples of the Western Pacific area'';
(B) ``to declare that peace and stability in the area are
in the political, security, and economic interests of the
United States, and are matters of international concern'';
(C) ``to make clear that the United States decision to
establish diplomatic relations with the People's Republic of
China rests upon the expectation that the future of Taiwan
will be determined by peaceful means'';
(D) ``to consider any effort to determine the future of
Taiwan by other than peaceful means, including by boycotts or
embargoes, a threat to the peace and security of the Western
Pacific area and of grave concern to the United States'';
(E) ``to provide Taiwan with arms of a defensive
character''; and
(F) ``to maintain the capacity of the United States to
resist any resort to force or other forms of coercion that
would jeopardize the security, or the social or economic
system, of the people on Taiwan''.
(3) Since the election of President Tsai Ing-wen as
President of Taiwan in 2016, the Government of the People's
Republic of China has intensified its efforts to pressure
Taiwan through diplomatic isolation and military
provocations.
(4) The rapid modernization of the People's Liberation Army
and recent military maneuvers in and around the Taiwan Strait
illustrate a clear threat to Taiwan's security.
(b) Sense of Congress.--It is the sense of Congress that--
(1) both the United States and Taiwan have made significant
strides since 1979 in bolstering their defense relationship;
(2) the People's Republic of China has dramatically
increased the capability of its military forces since 1979;
(3) the People's Republic of China has in recent years
increased the use of its military forces to harass and
provoke Taiwan with the threat of overwhelming force; and
(4) it is the policy of the United States to consider any
effort to determine the future of Taiwan by anything other
than peaceful means, including by boycotts or embargoes, a
threat to the peace and security of the Western Pacific area,
and of grave concern to the United States.
SEC. 1293. AUTHORIZATION FOR USE OF UNITED STATES ARMED
FORCES.
(a) In General.--The President is authorized to use the
Armed Forces of the United States and take such other
measures as the President determines to be necessary and
appropriate in order to secure and protect Taiwan against--
(1) a direct armed attack by the military forces of the
People's Republic of China against the military forces of
Taiwan;
[[Page S7818]]
(2) the taking of territory under the effective
jurisdiction of Taiwan by the military forces of the People's
Republic of China; or
(3) the endangering of the lives of members of the military
forces of Taiwan or civilians within the effective
jurisdiction of Taiwan in cases in which such members or
civilians have been killed or are in imminent danger of being
killed.
(b) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution (50 U.S.C.
1547(a)(1)), Congress declares that this section is intended
to constitute specific statutory authorization within the
meaning of section 5(b) of the War Powers Resolution (50
U.S.C. 1544(b)).
(2) Applicability of other requirements.--Nothing in this
subtitle may be construed to supersede any requirement of the
War Powers Resolution (50 U.S.C. 1541 et seq.).
(c) Sense of Congress.--It is the sense of Congress that,
at the earliest possible date after the date of the enactment
of this subtitle, the President should release a public
declaration that it is the policy of the United States to
secure and protect Taiwan against any action of the People's
Republic of China described in paragraph (1), (2), or (3) of
subsection (a).
(d) Statement of Policy.--It is the policy of the United
States to demand that the People's Republic of China
officially renounce the use or threat of military force in
any attempt to unify with Taiwan.
(e) Authorization Period.--
(1) In general.--The authorization for use of the Armed
Forces under this section shall expire on the date that is 5
years after the date of the enactment of this Act.
(2) Sense of congress.--It is the sense of Congress that
the authorization for use of the Armed Forces under this
section should be reauthorized by a subsequent Act of
Congress.
CHAPTER 2--OTHER MATTERS
SEC. 1294. REGIONAL SECURITY DIALOGUE TO IMPROVE SECURITY
RELATIONSHIPS IN THE WESTERN PACIFIC AREA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State and the heads of
other relevant Federal agencies, as appropriate, shall seek
to convene, on an annual basis, a regional security dialogue
with the Government of Taiwan and the governments of like-
minded security partners to improve the security
relationships among the United States and such countries in
the Western Pacific area.
(b) Matters To Be Included.--The regional security dialogue
may consider matters relating to--
(1) coordinating lower-level military-to-military dialogue;
and
(2) planning for potential military confrontation
scenarios.
SEC. 1295. UNITED STATES-TAIWAN BILATERAL TRADE AGREEMENT.
Not later than 180 days after the date of the enactment of
this Act, the United States Trade Representative should seek
to enter into negotiations with representatives from Taiwan
to establish a bilateral trade agreement between the United
States and Taiwan.
SEC. 1296. UNITED STATES-TAIWAN COMBINED MILITARY EXERCISES
AND RELATED ACTIONS.
(a) Combined Military Exercises.--The Secretary of Defense,
in coordination with the heads of other relevant Federal
agencies, should seek to carry out a program of combined
military exercises between the United States, Taiwan, and, if
feasible, other United States allies and partners to improve
military coordination and relations with Taiwan.
(b) Combined Disaster Relief Exercises.--The Secretary of
Defense, in coordination with the heads of other relevant
Federal agencies, should engage with their counterparts in
Taiwan to organize combined disaster and humanitarian relief
exercises.
(c) Taiwan Strait Transits, Freedom of Navigation
Operations, and Presence Operations.--The Secretary of
Defense should consider increasing transits through the
Taiwan Strait, freedom of navigation operations in the Taiwan
Strait, and presence operations in the Western Pacific by the
United States Navy, including in conjunction with United
States allies and partners.
(d) Sense of Congress.--It is the sense of Congress that
Taiwan should dedicate additional domestic resources toward
advancing its military readiness for purposes of defending
Taiwan, including through--
(1) steady increases in annual defense spending as a share
of gross domestic product;
(2) procurements of defense technologies that directly
bolster Taiwan's asymmetric defense capabilities;
(3) reform of Taiwan's military reserves, including
increasing the length of training required and number of days
required in service annually;
(4) participation with United States Armed Forces in
combined military exercises; and
(5) further engagement with the United States on
strengthening Taiwan's cyber capabilities.
SEC. 1297. SENSE OF CONGRESS REGARDING UNITED STATES SUPPORT
FOR DEFENDING TAIWAN.
It is the sense of Congress that--
(1) given the security considerations posed by the People's
Republic of China, the Secretary of State should accelerate
the approval of sales of defense articles and services to
Taiwan for purposes of defending Taiwan; and
(2) the Secretary of Defense should offer support to Taiwan
by--
(A) continuing to send United States military advisors to
Taiwan for training purposes;
(B) encouraging members of the United States Armed Forces
to enroll in Taiwan's National Defense University;
(C) maintaining a significant United States naval presence
within a close proximity to Taiwan; and
(D) reestablishing the Taiwan Patrol Force under the
direction of the United States Navy.
SEC. 1298. HIGH-LEVEL VISITS.
(a) Visit to Taiwan by the President of the United
States.--Not later than 1 year after the date of the
enactment of this Act, the President or the Secretary of
State (if designated by the President), with appropriate
interagency consultation and participation, should arrange a
meeting in Taiwan with the President of Taiwan.
(b) Visit to the United States by the President of
Taiwan.--It is the sense of Congress that the United States
would benefit from a meeting in the United States between the
President or the Secretary of State and the President of
Taiwan.
SEC. 1299. SENSE OF CONGRESS REGARDING ADDRESS TO JOINT
SESSION OF CONGRESS BY PRESIDENT OF TAIWAN.
It is the sense of Congress that it would be beneficial for
the United States and Taiwan to invite the President of
Taiwan to address a joint session of Congress and
subsequently participate in a roundtable discussion with
members of Congress.
______
SA 4286. Mr. SCOTT of Florida (for himself, Mr. Hawley, Mr. Cotton,
and Mr. Murphy) submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--American Security Drone Act of 2021
SEC. 1071. SHORT TITLE.
This subtitle may be cited as the ``American Security Drone
Act of 2021''.
SEC. 1072. DEFINITIONS.
In this subtitle:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council. This
list will include entities in the following categories:
(A) An entity included on the Consolidated Screening List.
(B) Any entity that is subject to extrajudicial direction
from a foreign government, as determined by the Secretary of
Homeland Security.
(C) Any entity the Secretary of Homeland Security, in
coordination with the Director of National Intelligence and
the Secretary of Defense, determines poses a national
security risk.
(D) Any entity domiciled in the People's Republic of China
or subject to influence or control by the Government of the
People Republic of China or the Communist Party of the
People's Republic of China, as determined by the Secretary of
Homeland Security.
(E) Any subsidiary or affiliate of an entity described in
subparagraphs (A) through (D).
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' has the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
SEC. 1073. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Except as provided under subsections (b)
though (f), the head of an executive agency may not procure
any covered unmanned aircraft system that are manufactured or
assembled by a covered foreign entity, which includes
associated elements (consisting of communication links and
the components that control the unmanned aircraft) that are
required for the operator to operate safely and efficiently
in the national airspace system. The Federal Acquisition
Security Council, in coordination with the Secretary of
Transportation, shall develop and update a list of associated
elements.
(b) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General are exempt
from the restriction under subsection (a) if the operation or
procurement--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence activities; or
[[Page S7819]]
(E) Federal criminal or national security investigations,
including forensic examinations; and
(2) is required in the national interest of the United
States.
(c) Federal Aviation Administration Center of Excellence
for Unmanned Aircraft Systems Exemption.--The Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under
subsection (a) if the operation or procurement is for the
sole purposes of research, evaluation, training, testing, or
analysis for the Federal Aviation Administration's Alliance
for System Safety of UAS through Research Excellence (ASSURE)
Center of Excellence (COE) for Unmanned Aircraft Systems.
(d) National Transportation Safety Board Exemption.--The
National Transportation Safety Board (NTSB), in consultation
with the Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of conducting
safety investigations.
(e) National Oceanic Atmospheric Administration
Exemption.--The Administrator of the National Oceanic
Atmospheric Administration (NOAA), in consultation with the
Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of marine or
atmospheric science or management.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
SEC. 1074. PROHIBITION ON OPERATION OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) Prohibition.--
(1) In general.--Beginning on the date that is 2 years
after the date of the enactment of this Act, no Federal
department or agency may operate a covered unmanned aircraft
system manufactured or assembled by a covered foreign entity.
(2) Applicability to contracted services.--The prohibition
under paragraph (1) applies to any covered unmanned aircraft
systems that are being used by any executive agency through
the method of contracting for the services of covered
unmanned aircraft systems.
(b) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General are exempt
from the restriction under subsection (a) if the operation or
procurement--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence activities; or
(E) Federal criminal or national security investigations,
including forensic examinations; and
(2) is required in the national interest of the United
States.
(c) Federal Aviation Administration Center of Excellence
for Unmanned Aircraft Systems Exemption.--The Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under
subsection (a) if the operation or procurement is for the
sole purposes of research, evaluation, training, testing, or
analysis for the Federal Aviation Administration's Alliance
for System Safety of UAE through Research Excellence (ASSURE)
Center of Excellence (COE) for Unmanned Aircraft Systems.
(d) National Transportation Safety Board Exemption.--The
National Transportation Safety Board (NTSB), in consultation
with the Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of conducting
safety investigations.
(e) National Oceanic Atmospheric Administration
Exemption.--The Administrator of the National Oceanic
Atmospheric Administration (NOAA), in consultation with the
Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of marine or
atmospheric science or management.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
(g) Regulations and Guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall prescribe regulations or guidance to
implement this section.
SEC. 1075. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES
AND OPERATION OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Beginning on the date that is 2 years
after the date of the enactment of this Act, except as
provided in subsection (b), no Federal funds awarded through
a contract, grant, or cooperative agreement, or otherwise
made available may be used--
(1) to purchase a covered unmanned aircraft system, or a
system to counter unmanned aircraft systems, that is
manufactured or assembled by a covered foreign entity; or
(2) in connection with the operation of such a drone or
unmanned aircraft system.
(b) Exemption.--A Federal department or agency is exempt
from the restriction under subsection (a) if--
(1) the contract, grant, or cooperative agreement was
awarded prior to the date of the enactment of this Act; or
(2) the operation or procurement is for the sole purposes
of research, evaluation, training, testing, or analysis, as
determined by the Secretary of Homeland Security, the
Secretary of Defense, or the Attorney General, for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence activities; or
(E) Federal criminal or national security investigations,
including forensic examinations; or
(F) the safe integration of UAS in the national airspace
(as determined in consultation with the Secretary of
Transportation); and
(3) is required in the national interest of the United
States.
(c) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
(d) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regulatory
Council shall prescribe regulations or guidance, as
necessary, to implement the requirements of this section
pertaining to Federal contracts.
SEC. 1076. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE
CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
Effective immediately, Government-issued Purchase Cards may
not be used to procure any covered unmanned aircraft system
from a covered foreign entity.
SEC. 1077. MANAGEMENT OF EXISTING INVENTORIES OF COVERED
UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN
ENTITIES.
(a) In General.--Effective immediately, all executive
agencies must account for existing inventories of covered
unmanned aircraft systems manufactured or assembled by a
covered foreign entity in their personal property accounting
systems, regardless of the original procurement cost, or the
purpose of procurement due to the special monitoring and
accounting measures necessary to track the items'
capabilities.
(b) Classified Tracking.--Due to the sensitive nature of
missions and operations conducted by the United States
Government, inventory data related to covered unmanned
aircraft systems manufactured or assembled by a covered
foreign entity may be tracked at a classified level.
(c) Exceptions.--The Department of Defense and Department
of Homeland Security may exclude from the full inventory
process, covered unmanned aircraft systems that are deemed
expendable due to mission risk such as recovery issues or
that are one-time-use covered unmanned aircraft due to
requirements and low cost.
SEC. 1078. COMPTROLLER GENERAL REPORT.
Not later than 275 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report on the amount of commercial off-
the-shelf drones and covered unmanned aircraft systems
procured by Federal departments and agencies from covered
foreign entities.
SEC. 1079. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED
AIRCRAFT SYSTEMS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in coordination with the Department of
Homeland Security, Department of Transportation, the
Department of Justice, and other Departments as determined by
the Director of the Office of Management and Budget, and in
consultation with the National Institute of Standards and
Technology, shall establish a government-wide policy for the
procurement of UAS--
(1) for non-Department of Defense and non-intelligence
community operations; and
(2) through grants and cooperative agreements entered into
with non-Federal entities.
(b) Information Security.--The policy developed under
subsection (a) shall include the following specifications,
which to the extent practicable, shall be based on industry
standards and technical guidance from the National Institute
of Standards and Technology, to address the risks associated
with processing, storing and transmitting Federal information
in a UAS:
(1) Protections to ensure controlled access of UAS.
(2) Protecting software, firmware, and hardware by ensuring
changes to UAS are properly managed, including by ensuring
UAS can be updated using a secure, controlled, and
configurable mechanism.
[[Page S7820]]
(3) Cryptographically securing sensitive collected, stored,
and transmitted data, including proper handling of privacy
data and other controlled unclassified information.
(4) Appropriate safeguards necessary to protect sensitive
information, including during and after use of UAS.
(5) Appropriate data security to ensure that data is not
transmitted to or stored in non-approved locations.
(6) The ability to opt out of the uploading, downloading,
or transmitting of data that is not required by law or
regulation and an ability to choose with whom and where
information is shared when it is required.
(c) Requirement.--The policy developed under subsection (a)
shall reflect an appropriate risk-based approach to
information security related to use of UAS.
(d) Revision of Acquisition Regulations.--Not later than
180 days after the date on which the policy required under
subsection (a) is issued--
(1) the Federal Acquisition Regulatory Council shall revise
the Federal Acquisition Regulation, as necessary, to
implement the policy; and
(2) any Federal department or agency or other Federal
entity not subject to, or not subject solely to, the Federal
Acquisition Regulation shall revise applicable policy,
guidance, or regulations, as necessary, to implement the
policy.
(e) Exemption.--In developing the policy required under
subsection (a), the Director of the Office of Management and
Budget shall incorporate an exemption to the policy for the
following reasons:
(1) In the case of procurement for the purposes of
training, testing, or analysis for--
(A) electronic warfare; or
(B) information warfare operations.
(2) In the case of researching UAS technology, including
testing, evaluation, research, or development of technology
to counter UAS.
(3) In the case of a head of the procuring department or
agency determining, in writing, that no product that complies
with the information security requirements described in
subsection (b) is capable of fulfilling mission critical
performance requirements, and such determination--
(A) may not be delegated below the level of the Deputy
Secretary of the procuring department or agency;
(B) shall specify--
(i) the quantity of end items to which the waiver applies,
the procurement value of which may not exceed $50,000 per
waiver; and
(ii) the time period over which the waiver applies, which
shall not exceed 3 years;
(C) shall be reported to the Office of Management and
Budget following issuance of such a determination; and
(D) not later than 30 days after the date on which the
determination is made, shall be provided to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Reform of the House of
Representatives.
SEC. 1080. STUDY.
(a) Independent Study.--Not later than 3 years after the
date of the enactment of this Act, the Director of the Office
of Management and Budget shall seek to enter into a contract
with a federally funded research and development center under
which the center will conduct a study of--
(1) the current and future unmanned aircraft system global
and domestic market;
(2) the ability of the unmanned aircraft system domestic
market to keep pace with technological advancements across
the industry;
(3) the ability of domestically made unmanned aircraft
systems to meet the network security and data protection
requirements of the national security enterprise;
(4) the extent to which unmanned aircraft system component
parts, such as the parts described in section 1073, are made
domestically; and
(5) an assessment of the economic impact, including cost,
of excluding the use of foreign-made UAS for use across the
Federal Government.
(b) Submission to OMB.--Upon completion of the study in
subsection (a), the federally funded research and development
center shall submit the study to the Director of the Office
of Management and Budget.
(c) Submission to Congress.--Not later than 30 days after
the date on which the Director of the Office of Management
and Budget receives the study under subsection (b), the
Director shall submit the study to--
(1) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Homeland Security and the Committee on
Oversight and Reform and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1081. SUNSET.
Sections 1073, 1074, and 1075 shall cease to have effect on
the date that is 5 years after the date of the enactment of
this Act.
______
SA 4287. Mr. SCOTT of Florida (for himself, Mr. Hawley, Ms. Ernst,
Mr. Tillis, and Mr. Cramer) submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle B of title XII, add the following:
SEC. 1216. JOINT SELECT COMMITTEE ON AFGHANISTAN.
(a) Establishment.--There is established a joint select
committee of Congress to be known as the ``Joint Select
Committee on Afghanistan'' (in this section referred to as
the ``Joint Committee'').
(b) Membership.--
(1) In general.--The Joint Committee shall be composed of
12 members appointed pursuant to paragraph (2).
(2) Appointment.--Members of the Joint Committee shall be
appointed as follows:
(A) The majority leader of the Senate shall appoint 3
members from among Members of the Senate.
(B) The minority leader of the Senate shall appoint 3
members from among Members of the Senate.
(C) The Speaker of the House of Representatives shall
appoint 3 members from among Members of the House of
Representatives.
(D) The minority leader of the House of Representatives
shall appoint 3 members from among Members of the House of
Representatives.
(3) Co-chairs.--
(A) In general.--Two of the appointed members of the Joint
Committee shall serve as co-chairs. The Speaker of the House
of Representatives and the majority leader of the Senate
shall jointly appoint one co-chair, and the minority leader
of the House of Representatives and the minority leader of
the Senate shall jointly appoint the second co-chair. The co-
chairs shall be appointed not later than 14 calendar days
after the date of the enactment of this Act.
(B) Staff director.--The co-chairs, acting jointly, shall
hire the staff director of the Joint Committee.
(4) Date.--Members of the Joint Committee shall be
appointed not later than 14 calendar days after the date of
the enactment of this Act.
(5) Period of appointment.--Members shall be appointed for
the life of the Joint Committee. Any vacancy in the Joint
Committee shall not affect its powers, but shall be filled
not later than 14 calendar days after the date on which the
vacancy occurs, in the same manner as the original
designation was made. If a member of the Joint Committee
ceases to be a Member of the House of Representatives or the
Senate, as the case may be, the member is no longer a member
of the Joint Committee and a vacancy shall exist.
(c) Investigation and Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Joint Committee shall conduct
an investigation and submit to Congress a report on the
United States 2021 withdrawal from Afghanistan.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A summary of any intelligence reports that indicated an
imminent threat at the Hamid Karzai International Airport
preceding the deadly attack on August 26, 2021, and the risks
to United States and allied country civilians as well as
Afghan partners for various United States withdrawal
scenarios.
(B) A summary of any intelligence reports that indicated
that withdrawing military personnel and closing United States
military installations in Afghanistan before evacuating
civilians would negatively affect the evacuation of United
States citizens, green card holders, and Afghan partners and
thus put them at risk.
(C) A full review of planning by the National Security
Council, the Department of State, and the Department of
Defense for a noncombatant evacuation from Afghanistan,
including details of all scenarios used by the Department of
State or the Department of Defense to plan and prepare for
noncombatant evacuation operations.
(D) An analysis of the relationship between the retrograde
and noncombatant evacuation operation plans and operations.
(E) A description of any actions that were taken by the
United States Government to protect the safety of United
States forces and neutralize threats in any withdrawal
scenarios.
(F) A full review of all withdrawal scenarios compiled by
the intelligence community and the Department of Defense with
timelines for the decisions taken, including all advice
provided by military leaders to President Joseph R. Biden and
his national security team beginning in January 2021.
(G) An analysis of why the withdrawal timeline expedited
from the September 11, 2021, date set by President Biden
earlier this year.
(H) An analysis of United States and allied intelligence
shared with the Taliban.
(I) An analysis of any actions taken by the United States
Government to proactively prepare for a successful
withdrawal.
(J) A summary of intelligence that informed statements and
assurances made to the American people that the Taliban would
not take over Afghanistan with the speed that it did in
August 2021.
(K) A full and unredacted transcript of the phone call
between President Joe Biden and
[[Page S7821]]
President Ashraf Ghani of Afghanistan on July 23, 2021.
(L) A summary of any documents, reports, or intelligence
that indicates whether any members of the intelligence
community, the United States Armed Forces, or NATO partners
supporting the mission warned that the Taliban would swiftly
reclaim Afghanistan.
(M) A description of the extent to which any members of the
intelligence community, the United States Armed Forces, or
NATO partners supporting the mission advised steps to be
taken by the White House that were ultimately rejected.
(N) An assessment of the decision not to order a
noncombatant evacuation operation until August 14, 2021.
(O) An assessment of whose advice the President heeded in
maintaining the timeline and the status of forces on the
ground before Thursday, August 12, 2021.
(P) A description of the initial views and advice of the
United States Armed Forces and the intelligence community
given to the National Security Council and the White House
before the decisions were taken regarding closure of United
States military installations, withdrawal of United States
assets, and withdrawal of United States military personnel.
(Q) An assessment of United States assets, as well as any
assets left behind by allies, that could now be used by the
Taliban, ISIS-K, and other terrorist organizations operating
within the region.
(R) An assessment of United States assets slated to be
delivered to Afghanistan, if any, the delivery of which was
paused because of the President's decision to withdraw, and
the status of and plans for those assets now.
(S) An assessment of vetting procedures for Afghan
civilians to be evacuated with a timeline for the decision
making and ultimate decisions taken to ensure that no
terrorist suspects, persons with ties to terrorists, or
dangerous individuals would be admitted into third countries
or the United States.
(T) An assessment of the discussions between the United
States Government and allies supporting our efforts in
Afghanistan and a timeline for decision making regarding the
withdrawal of United States forces, including discussion and
decisions about how to work together to repatriate all
foreign nationals desiring to return to their home countries.
(U) A review of the policy decisions with timeline
regarding all Afghan nationals and other refugees evacuated
from Afghanistan by the United States Government and brought
to third countries and the United States, including a report
on what role the United States Armed Forces performed in
vetting each individual and what coordination the Departments
of State and Defense engaged in to safeguard members of the
Armed Forces from infectious diseases and terrorist threats.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Joint Committee have been
appointed, the Joint Committee shall hold its first meeting.
(2) Frequency.--The Joint Committee shall meet at the call
of the co-chairs.
(3) Quorum.--A majority of the members of the Joint
Committee shall constitute a quorum, but a lesser number of
members may hold hearings.
(4) Voting.--No proxy voting shall be allowed on behalf of
the members of the Joint Committee.
(e) Administration.--
(1) In general.--To enable the Joint Committee to exercise
its powers, functions, and duties, there are authorized to be
disbursed by the Senate the actual and necessary expenses of
the Joint Committee approved by the co-chairs, subject to the
rules and regulations of the Senate.
(2) Expenses.--In carrying out its functions, the Joint
Committee is authorized to incur expenses in the same manner
and under the same conditions as the Joint Economic Committee
is authorized by section 11 of Public Law 79-304 (15 U.S.C.
1024 (d)).
(3) Hearings.--
(A) In general.--The Joint Committee may, for the purpose
of carrying out this section, hold such hearings, sit and act
at such times and places, require attendance of witnesses and
production of books, papers, and documents, take such
testimony, receive such evidence, and administer such oaths
as the Joint Committee considers advisable.
(B) Hearing procedures and responsibilities of co-chairs.--
(i) Announcement.--The co-chairs of the Joint Committee
shall make a public announcement of the date, place, time,
and subject matter of any hearing to be conducted, not less
than 7 days in advance of such hearing, unless the co-chairs
determine that there is good cause to begin such hearing at
an earlier date.
(ii) Written statement.--A witness appearing before the
Joint Committee shall file a written statement of proposed
testimony at least 2 calendar days before the appearance of
the witness, unless the requirement is waived by the co-
chairs, following their determination that there is good
cause for failure to comply with such requirement.
(4) Cooperation from federal agencies.--
(A) Technical assistance.--Upon written request of the co-
chairs, a Federal agency shall provide technical assistance
to the Joint Committee in order for the Joint Committee to
carry out its duties.
(B) Provision of information.--The Secretary of State, the
Secretary of Defense, the Director of National Intelligence,
the heads of the elements of the intelligence community, the
Secretary of Homeland Security, and the National Security
Council shall expeditiously respond to requests for
information related to compiling the report under subsection
(c).
(f) Staff of Joint Committee.--
(1) In general.--The co-chairs of the Joint Committee may
jointly appoint and fix the compensation of staff as they
deem necessary, within the guidelines for employees of the
Senate and following all applicable rules and employment
requirements of the Senate.
(2) Ethical standards.--Members on the Joint Committee who
serve in the House of Representatives shall be governed by
the ethics rules and requirements of the House. Members of
the Senate who serve on the Joint Committee and staff of the
Joint Committee shall comply with the ethics rules of the
Senate.
(g) Termination.--The Joint Committee shall terminate on
the date that is one year after the date of the enactment of
this Act.
(h) Funding.--Funding for the Joint Committee shall be
derived in equal portions from--
(1) the applicable accounts of the House of
Representatives; and
(2) the contingent fund of the Senate from the
appropriations account ``Miscellaneous Items'', subject to
the rules and regulations of the Senate.
______
SA 4288. Mr. CORNYN (for himself, Ms. Baldwin, and Mr. Moran)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED INTO
SERVICE IN THE UNITED STATES.
(a) In General.--Subchapter II of chapter 201 of subtitle V
of title 49, United States Code, is amended by adding at the
end the following:
``Sec. 20169. Requirements for railroad freight cars placed
into service in the United States
``(a) Definitions.--In this section:
``(1) Component.--The term `component' means a part or
subassembly of a railroad freight car.
``(2) Control.--The term `control' means the power, whether
direct or indirect and whether or not exercised, through the
ownership of a majority or a dominant minority of the total
outstanding voting interest in an entity, representation on
the board of directors of an entity, proxy voting on the
board of directors of an entity, a special share in the
entity, a contractual arrangement with the entity, a formal
or informal arrangement to act in concert with an entity, or
any other means, to determine, direct, make decisions, or
cause decisions to be made for the entity.
``(3) Cost of sensitive technology.--The term `cost of
sensitive technology' means the aggregate cost of the
sensitive technology located on a railroad freight car.
``(4) Country of concern.--The term `country of concern'
means a country that--
``(A) is identified by the Department of Commerce as a
nonmarket economy country (as defined in section 771(18) of
the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2022;
``(B) was identified by the United States Trade
Representative in the most recent report required by section
182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign
country included on the priority watch list (as defined in
subsection (g)(3) of such section); and
``(C) is subject to monitoring by the Trade Representative
under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
``(5) Net cost.--The term `net cost' has the meaning given
such term in chapter 4 of the USMCA or any subsequent free
trade agreement between the United States, Mexico, and
Canada.
``(6) Qualified facility.--The term `qualified facility'
means a facility that is not owned or under the control of a
state-owned enterprise.
``(7) Qualified manufacturer.--The term `qualified
manufacturer' means a railroad freight car manufacturer that
is not owned or under the control of a state-owned
enterprise.
``(8) Railroad freight car.--The term `railroad freight
car' means a car designed to carry freight or railroad
personnel by rail, including--
``(A) a box car;
``(B) a refrigerator car;
``(C) a ventilator car;
``(D) an intermodal well car;
[[Page S7822]]
``(E) a gondola car;
``(F) a hopper car;
``(G) an auto rack car;
``(H) a flat car;
``(I) a special car;
``(J) a caboose car;
``(K) a tank car; and
``(L) a yard car.
``(9) Sensitive technology.--The term `sensitive
technology' means any device embedded with electronics,
software, sensors, or other connectivity, that enables the
device to connect to, collect data from, or exchange data
with another device, including--
``(A) onboard telematics;
``(B) remote monitoring software;
``(C) firmware;
``(D) analytics;
``(E) global positioning system satellite and cellular
location tracking systems;
``(F) event status sensors;
``(G) predictive component condition and performance
monitoring sensors; and
``(H) similar sensitive technologies embedded into freight
railcar components and sub-assemblies.
``(10) State-owned enterprise.--The term `state-owned
enterprise' means--
``(A) an entity that is owned by, or under the control of,
a national, provincial, or local government of a country of
concern, or an agency of such government; or
``(B) an individual acting under the direction or influence
of a government or agency described in subparagraph (A).
``(11) Substantially transformed.--The term `substantially
transformed' means a component of a railroad freight car that
undergoes an applicable change in tariff classification as a
result of the manufacturing process, as described in chapter
4 and related annexes of the USMCA or any subsequent free
trade agreement between the United States, Mexico, and
Canada.
``(12) USMCA.--The term `USMCA' has the meaning given the
term in section 3 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4502).
``(b) Requirements for Railroad Freight Cars.--
``(1) Limitation on railroad freight cars.--A railroad
freight car wholly manufactured on or after the date that is
1 year after the date of issuance of the regulations required
under subsection (c)(1) may only operate on the United States
general railroad system of transportation if--
``(A) the railroad freight car is manufactured, assembled,
and substantially transformed, as applicable, by a qualified
manufacturer in a qualified facility;
``(B) none of the sensitive technology located on the
railroad freight car, including components necessary to the
functionality of the sensitive technology, originates from a
country of concern or is sourced from a state-owned
enterprise; and
``(C) none of the content of the railroad freight car,
excluding sensitive technology, originates from a country of
concern or is sourced from a state-owned enterprise that has
been determined by a recognized court or administrative
agency of competent jurisdiction and legal authority to have
violated or infringed valid United States intellectual
property rights of another including such a finding by a
Federal district court under title 35 or the U.S.
International Trade Commission under section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337).
``(2) Limitation on railroad freight car content.--
``(A) Percentage limitation.--
``(i) Initial limitation.--Not later than 1 year after the
date of issuance of the regulations required under subsection
(c)(1), a railroad freight car described in paragraph (1) may
operate on the United States general railroad system of
transportation only if not more than 20 percent of the
content of the railroad freight car, calculated by the net
cost of all components of the car and excluding the cost of
sensitive technology, originates from a country of concern or
is sourced from a state-owned enterprise.
``(ii) Subsequent limitation.--Effective beginning on the
date that is 3 years after the date of issuance of the
regulations required under subsection (c)(1), a railroad
freight car described in paragraph (1) may operate on the
United States general railroad system of transportation only
if not more than 15 percent of the content of the railroad
freight car, calculated by the net cost of all components of
the car and excluding the cost of sensitive technology,
originates from a country of concern or is sourced from a
state-owned enterprise.
``(B) Conflict.--The percentages specified in clauses (i)
and (ii) of subparagraph (A), as applicable, shall apply
notwithstanding any apparent conflict with provisions of
chapter 4 of the USMCA.
``(c) Rulemaking; Penalties.--
``(1) Regulations required.--Not later than 2 years after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022, the Secretary of
Transportation shall issue such regulations as are necessary
to carry out this section, including for the monitoring and
sensitive technology requirements of this section.
``(2) Certification required.--To be eligible to provide a
railroad freight car for operation on the United States
general railroad system of transportation, the manufacturer
of such car shall annually certify to the Secretary of
Transportation that any railroad freight cars to be so
provided meet the requirements under this section.
``(3) Compliance.--
``(A) Valid certification required.--At the time a railroad
freight car begins operation on the United States general
railroad system of transportation, the manufacturer of such
railroad freight car shall have valid certification described
in paragraph (2) for the year in which such car begins
operation.
``(B) Registration of noncompliant cars prohibited.--A
railroad freight car manufacturer may not register, or cause
to be registered, a railroad freight car that does not comply
with the requirements under this section in the Association
of American Railroad's Umler system.
``(4) Civil penalties.--
``(A) In general.--Pursuant to section 21301, the Secretary
of Transportation may assess a civil penalty of not less than
$100,000, and not more than $250,000, for each violation of
this section for each railroad freight car.
``(B) Prohibition on operation for violations.--The
Secretary of Transportation may prohibit a railroad freight
car manufacturer with respect to which the Secretary has
assessed more than 3 violations under subparagraph (A) from
providing additional railroad freight cars for operation on
the United States general railroad system of transportation
until the Secretary determines--
``(i) such manufacturer is in compliance with this section;
and
``(ii) all civil penalties assessed to such manufacturer
pursuant to subparagraph (A) have been paid in full.''.
(b) Clerical Amendment.--The analysis for chapter 201 of
subtitle V of title 49, United States Code, is amended by
adding at the end the following:
``20169. Requirements for railroad freight cars placed into service in
the United States.''.
______
SA 4289. Mrs. HYDE-SMITH submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle F of title V, add the following:
SEC. 583. SPACE-AVAILABLE TRAVEL FOR FAMILY MEMBERS OF
MEMBERS OF ARMED FORCES WHO DIE WHILE SERVING
IN ACTIVE MILITARY, NAVAL, AIR, OR SPACE
SERVICE.
(a) Expansion of Eligibility.--Section 2641b(c) of title
10, United States Code, is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) Children, spouses, parents, and siblings of members
of the armed forces who die while serving in the active
military, naval, air, or space service (as that term is
defined in section 101 of title 38).''.
(b) Related Instruction.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall revise Department of Defense Instruction 4515.13 to
ensure that individuals eligible for space-available travel
on aircraft of the Department under paragraph (6) of section
2641b(c) of title 10, United States Code, as amended by
subsection (a), are placed in a category of travelers not
lower than category V.
______
SA 4290. Mrs. HYDE-SMITH submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle B of title X, add the following:
SEC. 1013. REPORT ON THE USE OF CERTAIN FUNDING FOR COUNTER-
NARCOTICS MISSIONS IN CENTRAL ASIA.
(a) In General.--Not later than March 1, 2022, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the use of funding
made available for programs under section 333 of title 10,
United States Code, for counter-narcotics missions in Central
Asia.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The amount of funding made available for programs under
section 333 of title 10, United States Code, that has been
used for counter-narcotics missions in Central Asia,
specifically to counter illicit trafficking operations
emanating from Afghanistan and Central Asia, during the five-
year period preceding the date of the enactment of this Act.
(2) The amount of funding made available for other
programs, including under section
[[Page S7823]]
284 of title 10, United States Code, that has been used to
counter illicit trafficking operations emanating from
Afghanistan and Central Asia during the five-year period
preceding the date of the enactment of this Act.
(3) An assessment of whether funding made available for
programs under section 333 of title 10, United States Code,
can be used to maintain, repair, and upgrade equipment
previously supplied by the United States to foreign law
enforcement agencies for counter-narcotics purposes on
borders and at international ports.
______
SA 4291. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--SECURING AMERICA'S FUTURE
SEC. 4001. SHORT TITLE.
This division may be cited as the ``Securing America's
Future Act''.
TITLE I--ENSURING DOMESTIC MANUFACTURING CAPABILITIES
Subtitle A--Build America, Buy America
SEC. 4101. SHORT TITLE.
This subtitle may be cited as the ``Build America, Buy
America Act''.
PART I--BUY AMERICA SOURCING REQUIREMENTS
SEC. 4111. FINDINGS.
Congress finds that--
(1) the United States must make significant investments to
install, upgrade, or replace the public works infrastructure
of the United States;
(2) with respect to investments in the infrastructure of
the United States, taxpayers expect that their public works
infrastructure will be produced in the United States by
American workers;
(3) United States taxpayer dollars invested in public
infrastructure should not be used to reward companies that
have moved their operations, investment dollars, and jobs to
foreign countries or foreign factories, particularly those
that do not share or openly flout the commitments of the
United States to environmental, worker, and workplace safety
protections;
(4) in procuring materials for public works projects,
entities using taxpayer-financed Federal assistance should
give a commonsense procurement preference for the materials
and products produced by companies and workers in the United
States in accordance with the high ideals embodied in the
environmental, worker, workplace safety, and other regulatory
requirements of the United States;
(5) common construction materials used in public works
infrastructure projects, including steel, iron, manufactured
products, non-ferrous metals, plastic and polymer-based
products (including polyvinylchloride, composite building
materials, and polymers used in fiber optic cables), concrete
and other aggregates, glass (including optic glass), lumber,
and drywall are not adequately covered by a domestic content
procurement preference, thus limiting the impact of taxpayer
purchases to enhance supply chains in the United States;
(6) the benefits of domestic content procurement
preferences extend beyond economics;
(7) by incentivizing domestic manufacturing, domestic
content procurement preferences reinvest tax dollars in
companies and processes using the highest labor and
environmental standards in the world;
(8) strong domestic content procurement preference policies
act to prevent shifts in production to countries that rely on
production practices that are significantly less energy
efficient and far more polluting than those in the United
States;
(9) for over 75 years, Buy America and other domestic
content procurement preference laws have been part of the
United States procurement policy, ensuring that the United
States can build and rebuild the infrastructure of the United
States with high-quality American-made materials;
(10) before the date of enactment of this Act, a domestic
content procurement preference requirement may not apply, may
apply only to a narrow scope of products and materials, or
may be limited by waiver with respect to many infrastructure
programs, which necessitates a review of such programs,
including programs for roads, highways, and bridges, public
transportation, dams, ports, harbors, and other maritime
facilities, intercity passenger and freight railroads,
freight and intermodal facilities, airports, water systems,
including drinking water and wastewater systems, electrical
transmission facilities and systems, utilities, broadband
infrastructure, and buildings and real property;
(11) Buy America laws create demand for domestically
produced goods, helping to sustain and grow domestic
manufacturing and the millions of jobs domestic manufacturing
supports throughout product supply chains;
(12) as of the date of enactment of this Act, domestic
content procurement preference policies apply to all Federal
Government procurement and to various Federal-aid
infrastructure programs;
(13) a robust domestic manufacturing sector is a vital
component of the national security of the United States;
(14) as more manufacturing operations of the United States
have moved offshore, the strength and readiness of the
defense industrial base of the United States has been
diminished; and
(15) domestic content procurement preference laws--
(A) are fully consistent with the international obligations
of the United States; and
(B) together with the government procurements to which the
laws apply, are important levers for ensuring that United
States manufacturers can access the government procurement
markets of the trading partners of the United States.
SEC. 4112. DEFINITIONS.
In this part:
(1) Deficient program.--The term ``deficient program''
means a program identified by the head of a Federal agency
under section 4113(c).
(2) Domestic content procurement preference.--The term
``domestic content procurement preference'' means a
requirement that no amounts made available through a program
for Federal financial assistance may be obligated for a
project unless--
(A) all iron and steel used in the project are produced in
the United States;
(B) the manufactured products used in the project are
produced in the United States; or
(C) the construction materials used in the project are
produced in the United States.
(3) Federal agency.--The term ``Federal agency'' means any
authority of the United States that is an ``agency'' (as
defined in section 3502 of title 44, United States Code),
other than an independent regulatory agency (as defined in
that section).
(4) Federal financial assistance.--
(A) In general.--The term ``Federal financial assistance''
has the meaning given the term in section 200.1 of title 2,
Code of Federal Regulations (or successor regulations).
(B) Inclusion.--The term ``Federal financial assistance''
includes all expenditures by a Federal agency to a non-
Federal entity for an infrastructure project, except that it
does not include expenditures for assistance authorized under
section 402, 403, 404, 406, 408, or 502 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170a, 5170b, 5170c, 5172, 5174, or 5192) relating to
a major disaster or emergency declared by the President under
section 401 or 501, respectively, of such Act (42 U.S.C.
5170, 5191) or pre and post disaster or emergency response
expenditures.
(5) Infrastructure.--The term ``infrastructure'' includes,
at a minimum, the structures, facilities, and equipment for,
in the United States--
(A) roads, highways, and bridges;
(B) public transportation;
(C) dams, ports, harbors, and other maritime facilities;
(D) intercity passenger and freight railroads;
(E) freight and intermodal facilities;
(F) airports;
(G) water systems, including drinking water and wastewater
systems;
(H) electrical transmission facilities and systems;
(I) utilities;
(J) broadband infrastructure; and
(K) buildings and real property.
(6) Produced in the united states.--The term ``produced in
the United States'' means--
(A) in the case of iron or steel products, that all
manufacturing processes, from the initial melting stage
through the application of coatings, occurred in the United
States;
(B) in the case of manufactured products, that--
(i) the manufactured product was manufactured in the United
States; and
(ii) the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United
States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another
standard for determining the minimum amount of domestic
content of the manufactured product has been established
under applicable law or regulation; and
(C) in the case of construction materials, that all
manufacturing processes for the construction material
occurred in the United States.
(7) Project.--The term ``project'' means the construction,
alteration, maintenance, or repair of infrastructure in the
United States.
SEC. 4113. IDENTIFICATION OF DEFICIENT PROGRAMS.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the head of each Federal agency
shall--
(1) submit to the Office of Management and Budget and to
Congress, including a separate notice to each appropriate
congressional committee, a report that identifies each
Federal financial assistance program for infrastructure
administered by the Federal agency; and
(2) publish in the Federal Register the report under
paragraph (1).
(b) Requirements.--In the report under subsection (a), the
head of each Federal agency shall, for each Federal financial
assistance program--
[[Page S7824]]
(1) identify all domestic content procurement preferences
applicable to the Federal financial assistance;
(2) assess the applicability of the domestic content
procurement preference requirements, including--
(A) section 313 of title 23, United States Code;
(B) section 5323(j) of title 49, United States Code;
(C) section 22905(a) of title 49, United States Code;
(D) section 50101 of title 49, United States Code;
(E) section 603 of the Federal Water Pollution Control Act
(33 U.S.C. 1388);
(F) section 1452(a)(4) of the Safe Drinking Water Act (42
U.S.C. 300j-12(a)(4));
(G) section 5035 of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3914);
(H) any domestic content procurement preference included in
an appropriations Act; and
(I) any other domestic content procurement preference in
Federal law (including regulations);
(3) provide details on any applicable domestic content
procurement preference requirement, including the purpose,
scope, applicability, and any exceptions and waivers issued
under the requirement; and
(4) include a description of the type of infrastructure
projects that receive funding under the program, including
information relating to--
(A) the number of entities that are participating in the
program;
(B) the amount of Federal funds that are made available for
the program for each fiscal year; and
(C) any other information the head of the Federal agency
determines to be relevant.
(c) List of Deficient Programs.--In the report under
subsection (a), the head of each Federal agency shall include
a list of Federal financial assistance programs for
infrastructure identified under that subsection for which a
domestic content procurement preference requirement--
(1) does not apply in a manner consistent with section
4114; or
(2) is subject to a waiver of general applicability not
limited to the use of specific products for use in a specific
project.
SEC. 4114. APPLICATION OF BUY AMERICA PREFERENCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the head of each Federal agency shall
ensure that none of the funds made available for a Federal
financial assistance program for infrastructure, including
each deficient program, may be obligated for a project unless
all of the iron, steel, manufactured products, and
construction materials used in the project are produced in
the United States.
(b) Waiver.--The head of a Federal agency that applies a
domestic content procurement preference under this section
may waive the application of that preference in any case in
which the head of the Federal agency finds that--
(1) applying the domestic content procurement preference
would be inconsistent with the public interest;
(2) types of iron, steel, manufactured products, or
construction materials are not produced in the United States
in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or
construction materials produced in the United States will
increase the cost of the overall project by more than 25
percent.
(c) Written Justification.--Before issuing a waiver under
subsection (b), the head of the Federal agency shall--
(1) make publicly available in an easily accessible
location on a website designated by the Office of Management
and Budget and on the website of the Federal agency a
detailed written explanation for the proposed determination
to issue the waiver; and
(2) provide a period of not less than 15 days for public
comment on the proposed waiver.
(d) Automatic Sunset on Waivers of General Applicability.--
(1) In general.--A general applicability waiver issued
under subsection (b) shall expire not later than 2 years
after the date on which the waiver is issued.
(2) Reissuance.--The head of a Federal agency may reissue a
general applicability waiver only after--
(A) publishing in the Federal Register a notice that--
(i) describes the justification for reissuing a general
applicability waiver; and
(ii) requests public comments for a period of not less than
30 days; and
(B) publishing in the Federal Register a second notice
that--
(i) responds to the public comments received in response to
the first notice; and
(ii) provides the final decision on whether the general
applicability waiver will be reissued.
(e) Consistency With International Agreements.--This
section shall be applied in a manner consistent with United
States obligations under international agreements.
SEC. 4115. OMB GUIDANCE AND STANDARDS.
(a) Guidance.--The Director of the Office of Management and
Budget shall--
(1) issue guidance to the head of each Federal agency--
(A) to assist in identifying deficient programs under
section 4113(c); and
(B) to assist in applying new domestic content procurement
preferences under section 4114; and
(2) if necessary, amend subtitle A of title 2, Code of
Federal Regulations (or successor regulations), to ensure
that domestic content procurement preference requirements
required by this part or other Federal law are imposed
through the terms and conditions of awards of Federal
financial assistance.
(b) Standards for Construction Materials.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget shall issue standards that define the
term ``all manufacturing processes'' in the case of
construction materials.
(2) Considerations.--In issuing standards under paragraph
(1), the Director shall--
(A) ensure that the standards require that each
manufacturing process required for the manufacture of the
construction material and the inputs of the construction
material occurs in the United States; and
(B) take into consideration and seek to maximize the direct
and indirect jobs benefited or created in the production of
the construction material.
SEC. 4116. TECHNICAL ASSISTANCE PARTNERSHIP AND CONSULTATION
SUPPORTING DEPARTMENT OF TRANSPORTATION BUY
AMERICA REQUIREMENTS.
(a) Definitions.--In this section:
(1) Buy america law.--The term ``Buy America law'' means--
(A) section 313 of title 23, United States Code;
(B) section 5323(j) of title 49, United States Code;
(C) section 22905(a) of title 49, United States Code;
(D) section 50101 of title 49, United States Code; and
(E) any other domestic content procurement preference for
an infrastructure project under the jurisdiction of the
Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Technical Assistance Partnership.--Not later than 90
days after the date of the enactment of this Act, the
Secretary shall enter into a technical assistance partnership
with the Secretary of Commerce, acting through the Director
of the National Institute of Standards and Technology--
(1) to ensure the development of a domestic supply base to
support intermodal transportation in the United States, such
as intercity high speed rail transportation, public
transportation systems, highway construction or
reconstruction, airport improvement projects, and other
infrastructure projects under the jurisdiction of the
Secretary;
(2) to ensure compliance with Buy America laws that apply
to a project that receives assistance from the Federal
Highway Administration, the Federal Transit Administration,
the Federal Railroad Administration, the Federal Aviation
Administration, or another office or modal administration of
the Secretary of Transportation;
(3) to encourage technologies developed with the support of
and resources from the Secretary to be transitioned into
commercial market and applications; and
(4) to establish procedures for consultation under
subsection (c).
(c) Consultation.--Before granting a written waiver under a
Buy America law, the Secretary shall consult with the
Director of the Hollings Manufacturing Extension Partnership
regarding whether there is a domestic entity that could
provide the iron, steel, manufactured product, or
construction material that is the subject of the proposed
waiver.
(d) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to the Committee on Commerce, Science, and
Transportation, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Environment and Public Works, and
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Oversight and Reform of
the House of Representatives a report that includes--
(1) a detailed description of the consultation procedures
developed under subsection (b)(4);
(2) a detailed description of each waiver requested under a
Buy America law in the preceding year that was subject to
consultation under subsection (c), and the results of the
consultation;
(3) a detailed description of each waiver granted under a
Buy America law in the preceding year, including the type of
waiver and the reasoning for granting the waiver; and
(4) an update on challenges and gaps in the domestic supply
base identified in carrying out subsection (b)(1), including
a list of actions and policy changes the Secretary recommends
be taken to address those challenges and gaps.
SEC. 4117. APPLICATION.
(a) In General.--This part shall apply to a Federal
financial assistance program for infrastructure only to the
extent that a domestic content procurement preference as
described in section 4114 does not already apply to iron,
steel, manufactured products, and construction materials.
(b) Savings Provision.--Nothing in this part affects a
domestic content procurement preference for a Federal
financial assistance
[[Page S7825]]
program for infrastructure that is in effect and that meets
the requirements of section 4114.
PART II--MAKE IT IN AMERICA
SEC. 4121. REGULATIONS RELATING TO BUY AMERICAN ACT.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Director of the Office of
Management and Budget (``Director''), acting through the
Administrator for Federal Procurement Policy and, in
consultation with the Federal Acquisition Regulatory Council,
shall promulgate final regulations or other policy or
management guidance, as appropriate, to standardize and
simplify how Federal agencies comply with, report on, and
enforce the Buy American Act. The regulations or other policy
or management guidance shall include, at a minimum, the
following:
(1) Guidelines for Federal agencies to determine, for the
purposes of applying sections 8302(a) and 8303(b)(3) of title
41, United States Code, the circumstances under which the
acquisition of articles, materials, or supplies mined,
produced, or manufactured in the United States is
inconsistent with the public interest.
(2) Guidelines to ensure Federal agencies base
determinations of non-availability on appropriate
considerations, including anticipated project delays and lack
of substitutable articles, materials, and supplies mined,
produced, or manufactured in the United States, when making
determinations of non-availability under section 8302(a)(1)
of title 41, United States Code.
(3)(A) Uniform procedures for each Federal agency to make
publicly available, in an easily identifiable location on the
website of the agency, and within the following time periods,
the following information:
(i) A written description of the circumstances in which the
head of the agency may waive the requirements of the Buy
American Act.
(ii) Each waiver made by the head of the agency within 30
days after making such waiver, including a justification with
sufficient detail to explain the basis for the waiver.
(B) The procedures established under this paragraph shall
ensure that the head of an agency, in consultation with the
head of the Made in America Office established under section
4123(a), may limit the publication of classified information,
trade secrets, or other information that could damage the
United States.
(4) Guidelines for Federal agencies to ensure that a
project is not disaggregated for purposes of avoiding the
applicability of the requirements under the Buy American Act.
(5) An increase to the price preferences for domestic end
products and domestic construction materials.
(6) Amending the definitions of ``domestic end product''
and ``domestic construction material'' to ensure that iron
and steel products are, to the greatest extent possible, made
with domestic components.
(b) Guidelines Relating to Waivers.--
(1) Inconsistency with public interest.--
(A) In general.--With respect to the guidelines developed
under subsection (a)(1), the Administrator shall seek to
minimize waivers related to contract awards that--
(i) result in a decrease in employment in the United
States, including employment among entities that manufacture
the articles, materials, or supplies; or
(ii) result in awarding a contract that would decrease
domestic employment.
(B) Covered employment.--For purposes of subparagraph (A),
employment refers to positions directly involved in the
manufacture of articles, materials, or supplies, and does not
include positions related to management, research and
development, or engineering and design.
(2) Assessment on use of dumped or subsidized foreign
products.--
(A) In general.--To the extent otherwise permitted by law,
before granting a waiver in the public interest to the
guidelines developed under subsection (a)(1) with respect to
a product sourced from a foreign country, a Federal agency
shall assess whether a significant portion of the cost
advantage of the product is the result of the use of dumped
steel, iron, or manufactured goods or the use of injuriously
subsidized steel, iron, or manufactured goods.
(B) Consultation.--The Federal agency conducting the
assessment under subparagraph (A) shall consult with the
International Trade Administration in making the assessment
if the agency considers such consultation to be helpful.
(C) Use of findings.--The Federal agency conducting the
assessment under subparagraph (A) shall integrate any
findings from the assessment into its waiver determination.
(c) Sense of Congress on Increasing Domestic Content
Requirements.--It is the sense of Congress that the Federal
Acquisition Regulatory Council should amend the Federal
Acquisition Regulation to increase the domestic content
requirements for domestic end products and domestic
construction material to 75 percent, or, in the event of no
qualifying offers, 60 percent.
(d) Definition of End Product Manufactured in the United
States.--Not later than 1 year after the date of the
enactment of this Act, the Federal Acquisition Regulatory
Council shall amend part 25 of the Federal Acquisition
Regulation to provide a definition for ``end product
manufactured in the United States,'' including guidelines to
ensure that manufacturing processes involved in production of
the end product occur domestically.
SEC. 4122. AMENDMENTS RELATING TO BUY AMERICAN ACT.
(a) Special Rules Relating to American Materials Required
for Public Use.--Section 8302 of title 41, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Special Rules.--The following rules apply in carrying
out the provisions of subsection (a):
``(1) Iron and steel manufactured in the united states.--
For purposes of this section, manufactured articles,
materials, and supplies of iron and steel are deemed
manufactured in the United States only if all manufacturing
processes involved in the production of such iron and steel,
from the initial melting stage through the application of
coatings, occurs in the United States.
``(2) Limitation on exception for commercially available
off-the-shelf items.--Notwithstanding any law or regulation
to the contrary, including section 1907 of this title and the
Federal Acquisition Regulation, the requirements of this
section apply to all iron and steel articles, materials, and
supplies.''.
(b) Production of Iron and Steel for Purposes of Contracts
for Public Works.--Section 8303 of title 41, United States
Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Special Rules.--
``(1) Production of iron and steel.--For purposes of this
section, manufactured articles, materials, and supplies of
iron and steel are deemed manufactured in the United States
only if all manufacturing processes involved in the
production of such iron and steel, from the initial melting
stage through the application of coatings, occurs in the
United States.
``(2) Limitation on exception for commercially available
off-the-shelf items.--Notwithstanding any law or regulation
to the contrary, including section 1907 of this title and the
Federal Acquisition Regulation, the requirements of this
section apply to all iron and steel articles, materials, and
supplies used in contracts described in subsection (a).''.
(c) Annual Report.--Subsection (b) of section 8302 of title
41, United States Code, is amended to read as follows:
``(b) Reports.--
``(1) In general.--Not later than 180 days after the end of
the fiscal year during which the Build America, Buy America
Act is enacted, and annually thereafter for 4 years, the
Director of the Office of Management and Budget, in
consultation with the Administrator of General Services,
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives a report
on the total amount of acquisitions made by Federal agencies
in the relevant fiscal year of articles, materials, or
supplies acquired from entities that mine, produce, or
manufacture the articles, materials, or supplies outside the
United States.
``(2) Exception for intelligence community.--This
subsection does not apply to acquisitions made by an agency,
or component of an agency, that is an element of the
intelligence community as specified in, or designated under,
section 3 of the National Security Act of 1947 (50 U.S.C.
3003).''.
(d) Definition.--Section 8301 of title 41, United States
Code, is amended by adding at the end the following new
paragraph:
``(3) Federal agency.--The term `Federal agency' has the
meaning given the term `executive agency' in section 133 of
this title.''.
(e) Conforming Amendments.--Title 41, United States Code,
is amended--
(1) in section 8302(a)--
(A) in paragraph (1)--
(i) by striking ``department or independent establishment''
and inserting ``Federal agency''; and
(ii) by striking ``their acquisition to be inconsistent
with the public interest or their cost to be unreasonable''
and inserting ``their acquisition to be inconsistent with the
public interest, their cost to be unreasonable, or that the
articles, materials, or supplies of the class or kind to be
used, or the articles, materials, or supplies from which they
are manufactured, are not mined, produced, or manufactured in
the United States in sufficient and reasonably available
commercial quantities and of a satisfactory quality''; and
(B) in paragraph (2), by amending subparagraph (B) to read
as follows:
``(B) to any articles, materials, or supplies procured
pursuant to a reciprocal defense procurement memorandum of
understanding (as described in section 8304 of this title),
or a trade agreement or least developed country designation
described in subpart 25.400 of the Federal Acquisition
Regulation; and''; and
(2) in section 8303--
(A) in subsection (b)--
(i) by striking ``department or independent establishment''
each place it appears and inserting ``Federal agency'';
(ii) by amending subparagraph (B) of paragraph (1) to read
as follows:
``(B) to any articles, materials, or supplies procured
pursuant to a reciprocal defense procurement memorandum of
understanding (as described in section 8304), or a trade
[[Page S7826]]
agreement or least developed country designation described in
subpart 25.400 of the Federal Acquisition Regulation; and'';
and
(iii) in paragraph (3)--
(I) in the heading, by striking ``Inconsistent with public
interest'' and inserting ``Waiver authority''; and
(II) by striking ``their purchase to be inconsistent with
the public interest or their cost to be unreasonable'' and
inserting ``their acquisition to be inconsistent with the
public interest, their cost to be unreasonable, or that the
articles, materials, or supplies of the class or kind to be
used, or the articles, materials, or supplies from which they
are manufactured, are not mined, produced, or manufactured in
the United States in sufficient and reasonably available
commercial quantities and of a satisfactory quality''; and
(B) in subsection (d), as redesignated by subsection (b)(1)
of this section, by striking ``department, bureau, agency, or
independent establishment'' each place it appears and
inserting ``Federal agency''.
(f) Exclusion From Inflation Adjustment of Acquisition-
Related Dollar Thresholds.--Subparagraph (A) of section
1908(b)(2) of title 41, United States Code, is amended by
striking ``chapter 67'' and inserting ``chapters 67 and 83''.
SEC. 4123. MADE IN AMERICA OFFICE.
(a) Establishment.--The Director of the Office of
Management and Budget shall establish within the Office of
Management and Budget an office to be known as the ``Made in
America Office''. The head of the office shall be appointed
by the Director of the Office of Management and Budget (in
this section referred to as the ``Made in America
Director'').
(b) Duties.--The Made in America Director shall have the
following duties:
(1) Maximize and enforce compliance with domestic
preference statutes.
(2) Develop and implement procedures to review waiver
requests or inapplicability requests related to domestic
preference statutes.
(3) Prepare the reports required under subsections (c) and
(e).
(4) Ensure that Federal contracting personnel, financial
assistance personnel, and non-Federal recipients are
regularly trained on obligations under the Buy American Act
and other agency-specific domestic preference statutes.
(5) Conduct the review of reciprocal defense agreements
required under subsection (d).
(6) Ensure that Federal agencies, Federal financial
assistance recipients, and the Hollings Manufacturing
Extension Partnership partner with each other to promote
compliance with domestic preference statutes.
(7) Support executive branch efforts to develop and sustain
a domestic supply base to meet Federal procurement
requirements.
(c) Office of Management and Budget Report.--Not later than
1 year after the date of the enactment of this Act, the
Director of the Office of Management and Budget, working
through the Made in America Director, shall report to the
relevant congressional committees on the extent to which, in
each of the three fiscal years prior to the date of enactment
of this Act, articles, materials, or supplies acquired by the
Federal Government were mined, produced, or manufactured
outside the United States. Such report shall include for each
Federal agency the following:
(1) A summary of total procurement funds expended on
articles, materials, and supplies mined, produced, or
manufactured--
(A) inside the United States;
(B) outside the United States; and
(C) outside the United States--
(i) under each category of waiver under the Buy American
Act;
(ii) under each category of exception under such chapter;
and
(iii) for each country that mined, produced, or
manufactured such articles, materials, and supplies.
(2) For each fiscal year covered by the report--
(A) the dollar value of any articles, materials, or
supplies that were mined, produced, or manufactured outside
the United States, in the aggregate and by country;
(B) an itemized list of all waivers made under the Buy
American Act with respect to articles, materials, or
supplies, where available, and the country where such
articles, materials, or supplies were mined, produced, or
manufactured;
(C) if any articles, materials, or supplies were acquired
from entities that mine, produce, or manufacture such
articles, materials, or supplies outside the United States
due to an exception (that is not the micro-purchase threshold
exception described under section 8302(a)(2)(C) of title 41,
United States Code), the specific exception that was used to
purchase such articles, materials, or supplies; and
(D) if any articles, materials, or supplies were acquired
from entities that mine, produce, or manufacture such
articles, materials, or supplies outside the United States
pursuant to a reciprocal defense procurement memorandum of
understanding (as described in section 8304 of title 41,
United States Code), or a trade agreement or least developed
country designation described in subpart 25.400 of the
Federal Acquisition Regulation, a citation to such memorandum
of understanding, trade agreement, or designation.
(3) A description of the methods used by each Federal
agency to calculate the percentage domestic content of
articles, materials, and supplies mined, produced, or
manufactured in the United States.
(d) Review of Reciprocal Defense Agreements.--
(1) Review of process.--Not later than 180 days after the
date of the enactment of this Act, the Made in America
Director shall review the Department of Defense's use of
reciprocal defense agreements to determine if domestic
entities have equal and proportional access and report the
findings of the review to the Director of the Office of
Management and Budget, the Secretary of Defense, and the
Secretary of State.
(2) Review of reciprocal procurement memoranda of
understanding.--The Made in America Director shall review
reciprocal procurement memoranda of understanding entered
into after the date of the enactment of this Act between the
Department of Defense and its counterparts in foreign
governments to assess whether domestic entities will have
equal and proportional access under the memoranda of
understanding and report the findings of the review to the
Director of the Office of Management and Budget, the
Secretary of Defense, and the Secretary of State.
(e) Report on Use of Made in America Laws.--The Made in
America Director shall submit to the relevant congressional
committees a summary of each report on the use of Made in
America Laws received by the Made in America Director
pursuant to section 11 of Executive Order 14005, dated
January 25, 2021 (relating to ensuring the future is made in
all of America by all of America's workers) not later than 90
days after the date of the enactment of this Act or receipt
of the reports required under section 11 of such Executive
Order, whichever is later.
(f) Domestic Preference Statute Defined.--In this section,
the term ``domestic preference statute'' means any of the
following:
(1) the Buy American Act;
(2) a Buy America law (as that term is defined in section
4116(a));
(3) the Berry Amendment;
(4) section 604 of the American Recovery and Reinvestment
Act of 2009 (6 U.S.C. 453b) (commonly referred to as the
``Kissell amendment'');
(5) section 2533b of title 10 (commonly referred to as the
``specialty metals clause'');
(6) laws requiring domestic preference for maritime
transport, including the Merchant Marine Act, 1920 (Public
Law 66-261), commonly known as the ``Jones Act''; and
(7) any other law, regulation, rule, or executive order
relating to Federal financial assistance awards or Federal
procurement, that requires, or provides a preference for, the
purchase or acquisition of goods, products, or materials
produced in the United States, including iron, steel,
construction material, and manufactured goods offered in the
United States.
SEC. 4124. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP
ACTIVITIES.
(a) Use of Hollings Manufacturing Extension Partnership to
Refer New Businesses to Contracting Opportunities.--The head
of each Federal agency shall work with the Director of the
Hollings Manufacturing Extension Partnership, as necessary,
to ensure businesses participating in this Partnership are
aware of their contracting opportunities.
(b) Automatic Enrollment in GSA Advantage!.--The
Administrator of the General Services Administration and the
Secretary of Commerce, acting through the Under Secretary of
Commerce for Standards and Technology, shall jointly ensure
that each business that participates in the Hollings
Manufacturing Extension Partnership is automatically enrolled
in General Services Administration Advantage!.
SEC. 4125. UNITED STATES OBLIGATIONS UNDER INTERNATIONAL
AGREEMENTS.
This part, and the amendments made by this part, shall be
applied in a manner consistent with United States obligations
under international agreements.
SEC. 4126. DEFINITIONS.
In this part:
(1) Berry amendment.--The term ``Berry Amendment'' means
section 2533a of title 10, United States Code.
(2) Buy american act.--The term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``executive agency'' in section 133 of
title 41, United States Code.
(4) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs, the Committee on Commerce, Science, and
Transportation, the Committee on Environment and Public
Works, the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Armed Services of the Senate; and
(B) the Committee on Oversight and Reform, the Committee on
Armed Services, and the Committee on Transportation and
Infrastructure of the House of Representatives.
(5) Waiver.--The term ``waiver'', with respect to the
acquisition of an article, material, or supply for public
use, means the inapplicability of chapter 83 of title 41,
United States Code, to the acquisition by reason of any of
the following determinations under section 8302(a)(1) or
8303(b) of such title:
[[Page S7827]]
(A) A determination by the head of the Federal agency
concerned that the acquisition is inconsistent with the
public interest.
(B) A determination by the head of the Federal agency
concerned that the cost of the acquisition is unreasonable.
(C) A determination by the head of the Federal agency
concerned that the article, material, or supply is not mined,
produced, or manufactured in the United States in sufficient
and reasonably available commercial quantities of a
satisfactory quality.
SEC. 4127. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-
REFERENCES.
(a) Specialty Metals Clause Reference.--Section 4123(f)(5)
is amended by striking ``section 2533b'' and inserting
``section 4863''.
(b) Berry Amendment Reference.--Section 4126(1) is amended
by striking ``section 2533a'' and inserting ``section 4862''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2022.
Subtitle B--BuyAmerican.gov
SEC. 4131. SHORT TITLE.
This subtitle may be cited as the ``BuyAmerican.gov Act of
2021''.
SEC. 4132. DEFINITIONS.
In this subtitle:
(1) Buy american law.--The term ``Buy American law'' means
any law, regulation, Executive order, or rule relating to
Federal contracts, grants, or financial assistance that
requires or provides a preference for the purchase or use of
goods, products, or materials mined, produced, or
manufactured in the United States, including--
(A) chapter 83 of title 41, United States Code (commonly
referred to as the ``Buy American Act'');
(B) section 5323(j) of title 49, United States Code;
(C) section 313 of title 23, United States Code;
(D) section 50101 of title 49, United States Code;
(E) section 24405 of title 49, United States Code;
(F) section 608 of the Federal Water Pollution Control Act
(33 U.S.C. 1388);
(G) section 1452(a)(4) of the Safe Drinking Water Act (42
U.S.C. 300j-12(a)(4));
(H) section 5035 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3914);
(I) section 2533a of title 10, United States Code (commonly
referred to as the ``Berry Amendment''); and
(J) section 2533b of title 10, United States Code.
(2) Executive agency.--The term ``executive agency'' has
the meaning given the term ``agency'' in paragraph (1) of
section 3502 of title 44, United States Code, except that it
does not include an independent regulatory agency, as that
term is defined in paragraph (5) of such section.
(3) Buy american waiver.--The term ``Buy American waiver''
refers to an exception to or waiver of any Buy American law,
or the terms and conditions used by an agency in granting an
exception to or waiver from Buy American laws.
SEC. 4133. SENSE OF CONGRESS ON BUYING AMERICAN.
It is the sense of Congress that--
(1) every executive agency should maximize, through terms
and conditions of Federal financial assistance awards and
Federal procurements, the use of goods, products, and
materials produced in the United States and contracts for
outsourced government service contracts to be performed by
United States nationals;
(2) every executive agency should scrupulously monitor,
enforce, and comply with Buy American laws, to the extent
they apply, and minimize the use of waivers; and
(3) every executive agency should use available data to
routinely audit its compliance with Buy American laws.
SEC. 4134. ASSESSMENT OF IMPACT OF FREE TRADE AGREEMENTS.
Not later than 150 days after the date of the enactment of
this Act, the Secretary of Commerce, the United States Trade
Representative, and the Director of the Office of Management
and Budget shall assess the impacts in a publicly available
report of all United States free trade agreements, the World
Trade Organization Agreement on Government Procurement, and
Federal permitting processes on the operation of Buy American
laws, including their impacts on the implementation of
domestic procurement preferences.
SEC. 4135. JUDICIOUS USE OF WAIVERS.
(a) In General.--To the extent permitted by law, a Buy
American waiver that is determined by an agency head or other
relevant official to be in the public interest shall be
construed to ensure the maximum utilization of goods,
products, and materials produced in the United States.
(b) Public Interest Waiver Determinations.--To the extent
permitted by law, determination of public interest waivers
shall be made by the head of the agency with the authority
over the Federal financial assistance award or Federal
procurement under consideration.
SEC. 4136. ESTABLISHMENT OF BUYAMERICAN.GOV WEBSITE.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Administrator of General
Services shall establish an Internet website with the address
BuyAmerican.gov that will be publicly available and free to
access. The website shall include information on all waivers
of and exceptions to Buy American laws since the date of the
enactment of this Act that have been requested, are under
consideration, or have been granted by executive agencies and
be designed to enable manufacturers and other interested
parties to easily identify waivers. The website shall also
include the results of routine audits to determine data
errors and Buy American law violations after the award of a
contract. The website shall provide publicly available
contact information for the relevant contracting agencies.
(b) Utilization of Existing Website.--The requirements of
subsection (a) may be met by utilizing an existing website,
provided that the address of that website is BuyAmerican.gov.
SEC. 4137. WAIVER TRANSPARENCY AND STREAMLINING FOR
CONTRACTS.
(a) Collection of Information.--The Administrator of
General Services, in consultation with the heads of relevant
agencies, shall develop a mechanism to collect information on
requests to invoke a Buy American waiver for a Federal
contract, utilizing existing reporting requirements whenever
possible, for purposes of providing early notice of possible
waivers via the website established under section 4136.
(b) Waiver Transparency and Streamlining.--
(1) Requirement.--Prior to granting a request to waive a
Buy American law, the head of an executive agency shall
submit a request to invoke a Buy American waiver to the
Administrator of General Services, and the Administrator of
General Services shall make the request available on or
through the public website established under section 4136 for
public comment for not less than 15 days.
(2) Exception.--The requirement under paragraph (1) does
not apply to a request for a Buy American waiver to satisfy
an urgent contracting need in an unforeseen and exigent
circumstance.
(c) Information Available to the Executive Agency
Concerning the Request.--
(1) Requirement.--No Buy American waiver for purposes of
awarding a contract may be granted if, in contravention of
subsection (b)--
(A) information about the waiver was not made available on
the website under section 4136; or
(B) no opportunity for public comment concerning the
request was granted.
(2) Scope.--Information made available to the public
concerning the request included on the website described in
section 4136 shall properly and adequately document and
justify the statutory basis cited for the requested waiver.
Such information shall include--
(A) a detailed justification for the use of goods,
products, or materials mined, produced, or manufactured
outside the United States;
(B) for requests citing unreasonable cost as the statutory
basis of the waiver, a comparison of the cost of the domestic
product to the cost of the foreign product or a comparison of
the overall cost of the project with domestic products to the
overall cost of the project with foreign-origin products or
services, pursuant to the requirements of the applicable Buy
American law, except that publicly available cost comparison
data may be provided in lieu of proprietary pricing
information;
(C) for requests citing the public interest as the
statutory basis for the waiver, a detailed written statement,
which shall include all appropriate factors, such as
potential obligations under international agreements,
justifying why the requested waiver is in the public
interest; and
(D) a certification that the procurement official or
assistance recipient made a good faith effort to solicit bids
for domestic products supported by terms included in requests
for proposals, contracts, and nonproprietary communications
with the prime contractor.
(d) Nonavailability Waivers.--
(1) In general.--Except as provided under paragraph (2),
for a request citing nonavailability as the statutory basis
for a Buy American waiver, an executive agency shall provide
an explanation of the procurement official's efforts to
procure a product from a domestic source and the reasons why
a domestic product was not available from a domestic source.
Those explanations shall be made available on BuyAmerican.gov
prior to the issuance of the waiver, and the agency shall
consider public comments regarding the availability of the
product before making a final determination.
(2) Exception.--An explanation under paragraph (1) is not
required for a product the nonavailability of which is
established by law or regulation.
SEC. 4138. COMPTROLLER GENERAL REPORT.
Not later than two years after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report describing the implementation of
this subtitle, including recommendations for any legislation
to improve the collection and reporting of information
regarding waivers of and exceptions to Buy American laws.
SEC. 4139. RULES OF CONSTRUCTION.
(a) Disclosure Requirements.--Nothing in this subtitle
shall be construed as preempting, superseding, or otherwise
affecting the application of any disclosure requirement or
requirements otherwise provided by law or regulation.
(b) Establishment of Successor Information Systems.--
Nothing in this subtitle shall
[[Page S7828]]
be construed as preventing or otherwise limiting the ability
of the Administrator of General Services to move the data
required to be included on the website established under
subsection (a) to a successor information system. Any such
information system shall include a reference to
BuyAmerican.gov.
SEC. 4140. CONSISTENCY WITH INTERNATIONAL AGREEMENTS.
This subtitle shall be applied in a manner consistent with
United States obligations under international agreements.
SEC. 4141. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-
REFERENCES.
(a) In General.--Section 4132(1) is amended--
(1) in subparagraph (I), by striking ``section 2533a'' and
inserting ``section 4862''; and
(2) in subparagraph (J), by striking ``section 2533b'' and
inserting ``section 4863''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on January 1, 2022.
Subtitle C--Make PPE in America
SEC. 4151. SHORT TITLE.
This subtitle may be cited as the ``Make PPE in America
Act''.
SEC. 4152. FINDINGS.
Congress makes the following findings:
(1) The COVID-19 pandemic has exposed the vulnerability of
the United States supply chains for, and lack of domestic
production of, personal protective equipment (PPE).
(2) The United States requires a robust, secure, and wholly
domestic PPE supply chain to safeguard public health and
national security.
(3) Issuing a strategy that provides the government's
anticipated needs over the next three years will enable
suppliers to assess what changes, if any, are needed in their
manufacturing capacity to meet expected demands.
(4) In order to foster a domestic PPE supply chain, United
States industry needs a strong and consistent demand signal
from the Federal Government providing the necessary certainty
to expand production capacity investment in the United
States.
(5) In order to effectively incentivize investment in the
United States and the re-shoring of manufacturing, long-term
contracts must be no shorter than three years in duration.
(6) To accomplish this aim, the United States should seek
to ensure compliance with its international obligations, such
as its commitments under the World Trade Organization's
Agreement on Government Procurement and its free trade
agreements, including by invoking any relevant exceptions to
those agreements, especially those related to national
security and public health.
(7) The United States needs a long-term investment strategy
for the domestic production of PPE items critical to the
United States national response to a public health crisis,
including the COVID-19 pandemic.
SEC. 4153. REQUIREMENT OF LONG-TERM CONTRACTS FOR
DOMESTICALLY MANUFACTURED PERSONAL PROTECTIVE
EQUIPMENT.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs, the Committee on Health, Education, Labor, and
Pensions, the Committee on Finance, and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Homeland Security, the Committee on
Oversight and Reform, the Committee on Energy and Commerce,
the Committee on Ways and Means, and the Committee on
Veterans' Affairs of the House of Representatives.
(2) Covered secretary.--The term ``covered Secretary''
means the Secretary of Homeland Security, the Secretary of
Health and Human Services, and the Secretary of Veterans
Affairs.
(3) Personal protective equipment.--The term ``personal
protective equipment'' means surgical masks, respirator masks
and powered air purifying respirators and required filters,
face shields and protective eyewear, gloves, disposable and
reusable surgical and isolation gowns, head and foot
coverings, and other gear or clothing used to protect an
individual from the transmission of disease.
(4) United states.--The term ``United States'' means the 50
States, the District of Columbia, and the possessions of the
United States.
(b) Contract Requirements for Domestic Production.--
Beginning 90 days after the date of the enactment of this
Act, in order to ensure the sustainment and expansion of
personal protective equipment manufacturing in the United
States and meet the needs of the current pandemic response,
any contract for the procurement of personal protective
equipment entered into by a covered Secretary, or a covered
Secretary's designee, shall--
(1) be issued for a duration of at least 2 years, plus all
option periods necessary, to incentivize investment in the
production of personal protective equipment and the materials
and components thereof in the United States; and
(2) be for personal protective equipment, including the
materials and components thereof, that is grown, reprocessed,
reused, or produced in the United States.
(c) Alternatives to Domestic Production.--The requirement
under subsection (b) shall not apply to an item of personal
protective equipment, or component or material thereof if,
after maximizing to the extent feasible sources consistent
with subsection (b), the covered Secretary--
(1) maximizes sources for personal protective equipment
that is assembled outside the United States containing only
materials and components that are grown, reprocessed, reused,
or produced in the United States; and
(2) certifies every 120 days that it is necessary to
procure personal protective equipment under alternative
procedures to respond to the immediate needs of a public
health emergency.
(d) Availability Exception.--
(1) In general.--Subsections (b) and (c) shall not apply to
an item of personal protective equipment, or component or
material thereof--
(A) that is, or that includes, a material listed in section
25.104 of the Federal Acquisition Regulation as one for which
a non-availability determination has been made; or
(B) as to which the covered Secretary determines that a
sufficient quantity of a satisfactory quality that is grown,
reprocessed, reused, or produced in the United States cannot
be procured as, and when, needed at United States market
prices.
(2) Certification requirement.--The covered Secretary shall
certify every 120 days that the exception under paragraph (1)
is necessary to meet the immediate needs of a public health
emergency.
(e) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the covered
Secretaries, shall submit to the chairs and ranking members
of the appropriate congressional committees a report on the
procurement of personal protective equipment.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) The United States long-term domestic procurement
strategy for PPE produced in the United States, including
strategies to incentivize investment in and maintain United
States supply chains for all PPE sufficient to meet the needs
of the United States during a public health emergency.
(B) An estimate of long-term demand quantities for all PPE
items procured by the United States.
(C) Recommendations for congressional action required to
implement the United States Government's procurement
strategy.
(D) A determination whether all notifications, amendments,
and other necessary actions have been completed to bring the
United States existing international obligations into
conformity with the statutory requirements of this subtitle.
(f) Authorization of Transfer of Equipment.--
(1) In general.--A covered Secretary may transfer to the
Strategic National Stockpile established under section 319F-2
of the Public Health Service Act (42 U.S.C. 247d-6b) any
excess personal protective equipment acquired under a
contract executed pursuant to subsection (b).
(2) Transfer of equipment during a public health
emergency.--
(A) Amendment.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end
the following:
``SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH
EMERGENCY.
``(a) Authorization of Transfer of Equipment.--During a
public health emergency declared by the Secretary of Health
and Human Services under section 319(a) of the Public Health
Service Act (42 U.S.C. 247d(a)), the Secretary, at the
request of the Secretary of Health and Human Services, may
transfer to the Department of Health and Human Services, on a
reimbursable basis, excess personal protective equipment or
medically necessary equipment in the possession of the
Department.
``(b) Determination by Secretaries.--
``(1) In general.--In carrying out this section--
``(A) before requesting a transfer under subsection (a),
the Secretary of Health and Human Services shall determine
whether the personal protective equipment or medically
necessary equipment is otherwise available; and
``(B) before initiating a transfer under subsection (a),
the Secretary, in consultation with the heads of each
component within the Department, shall--
``(i) determine whether the personal protective equipment
or medically necessary equipment requested to be transferred
under subsection (a) is excess equipment; and
``(ii) certify that the transfer of the personal protective
equipment or medically necessary equipment will not adversely
impact the health or safety of officers, employees, or
contractors of the Department.
``(2) Notification.--The Secretary of Health and Human
Services and the Secretary shall each submit to Congress a
notification explaining the determination made under
subparagraphs (A) and (B), respectively, of paragraph (1).
``(3) Required inventory.--
``(A) In general.--The Secretary shall--
``(i) acting through the Chief Medical Officer of the
Department, maintain an inventory of all personal protective
equipment and medically necessary equipment in the possession
of the Department; and
``(ii) make the inventory required under clause (i)
available, on a continual basis, to--
[[Page S7829]]
``(I) the Secretary of Health and Human Services; and
``(II) the Committee on Appropriations and the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Appropriations and the Committee on Homeland
Security of the House of Representatives.
``(B) Form.--Each inventory required to be made available
under subparagraph (A) shall be submitted in unclassified
form, but may include a classified annex.''.
(B) Table of contents amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135) is amended by inserting after the
item relating to section 528 the following:
``Sec. 529. Transfer of equipment during a public health emergency.''.
(3) Strategic national stockpile.--Section 319F-2(a) of the
Public Health Service Act (42 U.S.C. 247d-6b(a)) is amended
by adding at the end the following:
``(6) Transfers of items.--The Secretary, in coordination
with the Secretary of Homeland Security, may sell drugs,
vaccines and other biological products, medical devices, or
other supplies maintained in the stockpile under paragraph
(1) to a Federal agency or private, nonprofit, State, local,
tribal, or territorial entity for immediate use and
distribution, provided that any such items being sold are--
``(A) within 1 year of their expiration date; or
``(B) determined by the Secretary to no longer be needed in
the stockpile due to advances in medical or technical
capabilities.''.
(g) Compliance With International Agreements.--The
President or the President's designee shall take all
necessary steps, including invoking the rights of the United
States under Article III of the World Trade Organization's
Agreement on Government Procurement and the relevant
exceptions of other relevant agreements to which the United
States is a party, to ensure that the international
obligations of the United States are consistent with the
provisions of this subtitle.
TITLE II--CYBER AND ARTIFICIAL INTELLIGENCE
Subtitle A--Advancing American AI
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the ``Advancing American AI
Act''.
SEC. 4202. PURPOSE.
The purposes of this subtitle are to--
(1) encourage agency artificial intelligence-related
programs and initiatives that enhance the competitiveness of
the United States and foster an approach to artificial
intelligence that builds on the strengths of the United
States in innovation and entrepreneurialism;
(2) enhance the ability of the Federal Government to
translate research advances into artificial intelligence
applications to modernize systems and assist agency leaders
in fulfilling their missions;
(3) promote adoption of modernized business practices and
advanced technologies across the Federal Government that
align with the values of the United States, including the
protection of privacy, civil rights, and civil liberties; and
(4) test and harness applied artificial intelligence to
enhance mission effectiveness and business practice
efficiency.
SEC. 4203. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Oversight and Reform of the House of
Representatives.
(3) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section
238(g) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C. 2358 note).
(4) Artificial intelligence system.--The term ``artificial
intelligence system''--
(A) means any data system, software, application, tool, or
utility that operates in whole or in part using dynamic or
static machine learning algorithms or other forms of
artificial intelligence, whether--
(i) the data system, software, application, tool, or
utility is established primarily for the purpose of
researching, developing, or implementing artificial
intelligence technology; or
(ii) artificial intelligence capability is integrated into
another system or agency business process, operational
activity, or technology system; and
(B) does not include any common commercial product within
which artificial intelligence is embedded, such as a word
processor or map navigation system.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
SEC. 4204. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL
INTELLIGENCE IN GOVERNMENT.
(a) Guidance.--The Director shall, when developing the
guidance required under section 104(a) of the AI in
Government Act of 2020 (title I of division U of Public Law
116-260), consider--
(1) the considerations and recommended practices identified
by the National Security Commission on Artificial
Intelligence in the report entitled ``Key Considerations for
the Responsible Development and Fielding of AI'', as updated
in April 2021;
(2) the principles articulated in Executive Order 13960 (85
Fed. Reg. 78939; relating to promoting the use of trustworthy
artificial intelligence in Government); and
(3) the input of--
(A) the Privacy and Civil Liberties Oversight Board;
(B) relevant interagency councils, such as the Federal
Privacy Council, the Chief Information Officers Council, and
the Chief Data Officers Council;
(C) other governmental and nongovernmental privacy, civil
rights, and civil liberties experts; and
(D) any other individual or entity the Director determines
to be appropriate.
(b) Department Policies and Processes for Procurement and
Use of Artificial Intelligence-enabled Systems.--Not later
than 180 days after the date of enactment of this Act--
(1) the Secretary of Homeland Security, with the
participation of the Chief Procurement Officer, the Chief
Information Officer, the Chief Privacy Officer, and the
Officer for Civil Rights and Civil Liberties of the
Department and any other person determined to be relevant by
the Secretary of Homeland Security, shall issue policies and
procedures for the Department related to--
(A) the acquisition and use of artificial intelligence; and
(B) considerations for the risks and impacts related to
artificial intelligence-enabled systems, including associated
data of machine learning systems, to ensure that full
consideration is given to--
(i) the privacy, civil rights, and civil liberties impacts
of artificial intelligence-enabled systems; and
(ii) security against misuse, degradation, or rending
inoperable of artificial intelligence-enabled systems; and
(2) the Chief Privacy Officer and the Officer for Civil
Rights and Civil Liberties of the Department shall report to
Congress on any additional staffing or funding resources that
may be required to carry out the requirements of this
subsection.
(c) Inspector General.--Not later than 180 days after the
date of enactment of this Act, the Inspector General of the
Department shall identify any training and investments needed
to enable employees of the Office of the Inspector General to
continually advance their understanding of--
(1) artificial intelligence systems;
(2) best practices for governance, oversight, and audits of
the use of artificial intelligence systems; and
(3) how the Office of the Inspector General is using
artificial intelligence to enhance audit and investigative
capabilities, including actions to--
(A) ensure the integrity of audit and investigative
results; and
(B) guard against bias in the selection and conduct of
audits and investigations.
(d) Artificial Intelligence Hygiene and Protection of
Government Information, Privacy, Civil Rights, and Civil
Liberties.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director, in consultation with a
working group consisting of members selected by the Director
from appropriate interagency councils, shall develop an
initial means by which to--
(A) ensure that contracts for the acquisition of an
artificial intelligence system or service--
(i) align with the guidance issued to the head of each
agency under section 104(a) of the AI in Government Act of
2020 (title I of division U of Public Law 116-260);
(ii) address protection of privacy, civil rights, and civil
liberties;
(iii) address the ownership and security of data and other
information created, used, processed, stored, maintained,
disseminated, disclosed, or disposed of by a contractor or
subcontractor on behalf of the Federal Government; and
(iv) include considerations for securing the training data,
algorithms, and other components of any artificial
intelligence system against misuse, unauthorized alteration,
degradation, or rendering inoperable; and
(B) address any other issue or concern determined to be
relevant by the Director to ensure appropriate use and
protection of privacy and Government data and other
information.
(2) Consultation.--In developing the considerations under
paragraph (1)(A)(iv), the Director shall consult with the
Secretary of Homeland Security, the Director of the National
Institute of Standards and Technology, and the Director of
National Intelligence.
(3) Review.--The Director--
(A) should continuously update the means developed under
paragraph (1); and
(B) not later than 2 years after the date of enactment of
this Act and not less frequently than every 2 years
thereafter, shall update the means developed under paragraph
(1).
(4) Briefing.--The Director shall brief the appropriate
congressional committees--
(A) not later than 90 days after the date of enactment of
this Act and thereafter on a
[[Page S7830]]
quarterly basis until the Director first implements the means
developed under paragraph (1); and
(B) annually thereafter on the implementation of this
subsection.
(5) Sunset.--This subsection shall cease to be effective on
the date that is 5 years after the date of enactment of this
Act.
SEC. 4205. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE
CASES.
(a) Inventory.--Not later than 60 days after the date of
enactment of this Act, and continuously thereafter for a
period of 5 years, the Director, in consultation with the
Chief Information Officers Council, the Chief Data Officers
Council, and other interagency bodies as determined to be
appropriate by the Director, shall require the head of each
agency to--
(1) prepare and maintain an inventory of the artificial
intelligence use cases of the agency, including current and
planned uses;
(2) share agency inventories with other agencies, to the
extent practicable and consistent with applicable law and
policy, including those concerning protection of privacy and
of sensitive law enforcement, national security, and other
protected information; and
(3) make agency inventories available to the public, in a
manner determined by the Director, and to the extent
practicable and in accordance with applicable law and policy,
including those concerning the protection of privacy and of
sensitive law enforcement, national security, and other
protected information.
(b) Central Inventory.--The Director is encouraged to
designate a host entity and ensure the creation and
maintenance of an online public directory to--
(1) make agency artificial intelligence use case
information available to the public and those wishing to do
business with the Federal Government; and
(2) identify common use cases across agencies.
(c) Sharing.--The sharing of agency inventories described
in subsection (a)(2) may be coordinated through the Chief
Information Officers Council, the Chief Data Officers
Council, the Chief Financial Officers Council, the Chief
Acquisition Officers Council, or other interagency bodies to
improve interagency coordination and information sharing for
common use cases.
SEC. 4206. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED
ARTIFICIAL INTELLIGENCE CAPABILITIES TO
DEMONSTRATE MODERNIZATION ACTIVITIES RELATED TO
USE CASES.
(a) Identification of Use Cases.--Not later than 270 days
after the date of enactment of this Act, the Director, in
consultation with the Chief Information Officers Council, the
Chief Data Officers Council, and other interagency bodies as
determined to be appropriate by the Director, shall identify
4 new use cases for the application of artificial
intelligence-enabled systems to support interagency or intra-
agency modernization initiatives that require linking
multiple siloed internal and external data sources,
consistent with applicable laws and policies, including those
relating to the protection of privacy and of sensitive law
enforcement, national security, and other protected
information.
(b) Pilot Program.--
(1) Purposes.--The purposes of the pilot program under this
subsection include--
(A) to enable agencies to operate across organizational
boundaries, coordinating between existing established
programs and silos to improve delivery of the agency mission;
and
(B) to demonstrate the circumstances under which artificial
intelligence can be used to modernize or assist in
modernizing legacy agency systems.
(2) Deployment and pilot.--Not later than 1 year after the
date of enactment of this Act, the Director, in coordination
with the heads of relevant agencies and other officials as
the Director determines to be appropriate, shall ensure the
initiation of the piloting of the 4 new artificial
intelligence use case applications identified under
subsection (a), leveraging commercially available
technologies and systems to demonstrate scalable artificial
intelligence-enabled capabilities to support the use cases
identified under subsection (a).
(3) Risk evaluation and mitigation plan.--In carrying out
paragraph (2), the Director shall require the heads of
agencies to--
(A) evaluate risks in utilizing artificial intelligence
systems; and
(B) develop a risk mitigation plan to address those risks,
including consideration of--
(i) the artificial intelligence system not performing as
expected;
(ii) the lack of sufficient or quality training data; and
(iii) the vulnerability of a utilized artificial
intelligence system to unauthorized manipulation or misuse.
(4) Prioritization.--In carrying out paragraph (2), the
Director shall prioritize modernization projects that--
(A) would benefit from commercially available privacy-
preserving techniques, such as use of differential privacy,
federated learning, and secure multiparty computing; and
(B) otherwise take into account considerations of civil
rights and civil liberties.
(5) Use case modernization application areas.--Use case
modernization application areas described in paragraph (2)
shall include not less than 1 from each of the following
categories:
(A) Applied artificial intelligence to drive agency
productivity efficiencies in predictive supply chain and
logistics, such as--
(i) predictive food demand and optimized supply;
(ii) predictive medical supplies and equipment demand and
optimized supply; or
(iii) predictive logistics to accelerate disaster
preparedness, response, and recovery.
(B) Applied artificial intelligence to accelerate agency
investment return and address mission-oriented challenges,
such as--
(i) applied artificial intelligence portfolio management
for agencies;
(ii) workforce development and upskilling;
(iii) redundant and laborious analyses;
(iv) determining compliance with Government requirements,
such as with grants management; or
(v) outcomes measurement to measure economic and social
benefits.
(6) Requirements.--Not later than 3 years after the date of
enactment of this Act, the Director, in coordination with the
heads of relevant agencies and other officials as the
Director determines to be appropriate, shall establish an
artificial intelligence capability within each of the 4 use
case pilots under this subsection that--
(A) solves data access and usability issues with automated
technology and eliminates or minimizes the need for manual
data cleansing and harmonization efforts;
(B) continuously and automatically ingests data and updates
domain models in near real-time to help identify new patterns
and predict trends, to the extent possible, to help agency
personnel to make better decisions and take faster actions;
(C) organizes data for meaningful data visualization and
analysis so the Government has predictive transparency for
situational awareness to improve use case outcomes;
(D) is rapidly configurable to support multiple
applications and automatically adapts to dynamic conditions
and evolving use case requirements, to the extent possible;
(E) enables knowledge transfer and collaboration across
agencies; and
(F) preserves intellectual property rights to the data and
output for benefit of the Federal Government and agencies.
(c) Briefing.--Not earlier than 270 days but not later than
1 year after the date of enactment of this Act, and annually
thereafter for 4 years, the Director shall brief the
appropriate congressional committees on the activities
carried out under this section and results of those
activities.
(d) Sunset.--The section shall cease to be effective on the
date that is 5 years after the date of enactment of this Act.
SEC. 4207. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.
(a) Innovative Commercial Items.--Section 880 of the
National Defense Authorization Act for Fiscal Year 2017 (41
U.S.C. 3301 note) is amended--
(1) in subsection (c), by striking $10,000,000'' and
inserting ``$25,000,000'';
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section--
``(1) the term `commercial product'--
``(A) has the meaning given the term `commercial item' in
section 2.101 of the Federal Acquisition Regulation; and
``(B) includes a commercial product or a commercial
service, as defined in sections 103 and 103a, respectively,
of title 41, United States Code; and
``(2) the term `innovative' means--
``(A) any new technology, process, or method, including
research and development; or
``(B) any new application of an existing technology,
process, or method.''; and
(3) in subsection (g), by striking ``2022'' and insert
``2027''.
(b) DHS Other Transaction Authority.--Section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``September 30, 2017'' and inserting ``September 30, 2024'';
and
(B) by amending paragraph (2) to read as follows:
``(2) Prototype projects.--The Secretary--
``(A) may, under the authority of paragraph (1), carry out
prototype projects under section 2371b of title 10, United
States Code; and
``(B) in applying the authorities of such section 2371b,
the Secretary shall perform the functions of the Secretary of
Defense as prescribed in such section.'';
(2) in subsection (c)(1), by striking ``September 30,
2017'' and inserting ``September 30, 2024''; and
(3) in subsection (d), by striking ``section 845(e)'' and
all that follows and inserting ``section 2371b(e) of title
10, United States Code.''.
(c) Commercial Off the Shelf Supply Chain Risk Management
Tools.--The General Services Administration is encouraged to
pilot commercial off the shelf supply chain risk management
tools to improve the ability of the Federal Government to
characterize, monitor, predict, and respond to specific
supply chain threats and vulnerabilities that could inhibit
future Federal acquisition operations.
Subtitle B--Cyber Response and Recovery
SEC. 4251. SHORT TITLE.
This subtitle may be cited as the ``Cyber Response and
Recovery Act''.
[[Page S7831]]
SEC. 4252. DECLARATION OF A SIGNIFICANT INCIDENT.
(a) In General.--Title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended by adding at the end
the following:
``Subtitle C--Declaration of a Significant Incident
``SEC. 2231. SENSE OF CONGRESS.
``It is the sense of Congress that--
``(1) the purpose of this subtitle is to authorize the
Secretary to declare that a significant incident has occurred
and to establish the authorities that are provided under the
declaration to respond to and recover from the significant
incident; and
``(2) the authorities established under this subtitle are
intended to enable the Secretary to provide voluntary
assistance to non-Federal entities impacted by a significant
incident.
``SEC. 2232. DEFINITIONS.
``For the purposes of this subtitle:
``(1) Asset response activity.--The term `asset response
activity' means an activity to support an entity impacted by
an incident with the response to, remediation of, or recovery
from, the incident, including--
``(A) furnishing technical and advisory assistance to the
entity to protect the assets of the entity, mitigate
vulnerabilities, and reduce the related impacts;
``(B) assessing potential risks to the critical
infrastructure sector or geographic region impacted by the
incident, including potential cascading effects of the
incident on other critical infrastructure sectors or
geographic regions;
``(C) developing courses of action to mitigate the risks
assessed under subparagraph (B);
``(D) facilitating information sharing and operational
coordination with entities performing threat response
activities; and
``(E) providing guidance on how best to use Federal
resources and capabilities in a timely, effective manner to
speed recovery from the incident.
``(2) Declaration.--The term `declaration' means a
declaration of the Secretary under section 2233(a)(1).
``(3) Director.--The term `Director' means the Director of
the Cybersecurity and Infrastructure Security Agency.
``(4) Federal agency.--The term `Federal agency' has the
meaning given the term `agency' in section 3502 of title 44,
United States Code.
``(5) Fund.--The term `Fund' means the Cyber Response and
Recovery Fund established under section 2234(a).
``(6) Incident.--The term `incident' has the meaning given
the term in section 3552 of title 44, United States Code.
``(7) Renewal.--The term `renewal' means a renewal of a
declaration under section 2233(d).
``(8) Significant incident.--The term `significant
incident'--
``(A) means an incident or a group of related incidents
that results, or is likely to result, in demonstrable harm
to--
``(i) the national security interests, foreign relations,
or economy of the United States; or
``(ii) the public confidence, civil liberties, or public
health and safety of the people of the United States; and
``(B) does not include an incident or a portion of a group
of related incidents that occurs on--
``(i) a national security system (as defined in section
3552 of title 44, United States Code); or
``(ii) an information system described in paragraph (2) or
(3) of section 3553(e) of title 44, United States Code.
``SEC. 2233. DECLARATION.
``(a) In General.--
``(1) Declaration.--The Secretary, in consultation with the
National Cyber Director, may make a declaration of a
significant incident in accordance with this section for the
purpose of enabling the activities described in this subtitle
if the Secretary determines that--
``(A) a specific significant incident--
``(i) has occurred; or
``(ii) is likely to occur imminently; and
``(B) otherwise available resources, other than the Fund,
are likely insufficient to respond effectively to, or to
mitigate effectively, the specific significant incident
described in subparagraph (A).
``(2) Prohibition on delegation.--The Secretary may not
delegate the authority provided to the Secretary under
paragraph (1).
``(b) Asset Response Activities.--Upon a declaration, the
Director shall coordinate--
``(1) the asset response activities of each Federal agency
in response to the specific significant incident associated
with the declaration; and
``(2) with appropriate entities, which may include--
``(A) public and private entities and State and local
governments with respect to the asset response activities of
those entities and governments; and
``(B) Federal, State, local, and Tribal law enforcement
agencies with respect to investigations and threat response
activities of those law enforcement agencies; and
``(3) Federal, State, local, and Tribal emergency
management and response agencies.
``(c) Duration.--Subject to subsection (d), a declaration
shall terminate upon the earlier of--
``(1) a determination by the Secretary that the declaration
is no longer necessary; or
``(2) the expiration of the 120-day period beginning on the
date on which the Secretary makes the declaration.
``(d) Renewal.--The Secretary, without delegation, may
renew a declaration as necessary.
``(e) Publication.--
``(1) In general.--Not later than 72 hours after a
declaration or a renewal, the Secretary shall publish the
declaration or renewal in the Federal Register.
``(2) Prohibition.--A declaration or renewal published
under paragraph (1) may not include the name of any affected
individual or private company.
``(f) Advance Actions.--
``(1) In general.--The Secretary--
``(A) shall assess the resources available to respond to a
potential declaration; and
``(B) may take actions before and while a declaration is in
effect to arrange or procure additional resources for asset
response activities or technical assistance the Secretary
determines necessary, which may include entering into standby
contracts with private entities for cybersecurity services or
incident responders in the event of a declaration.
``(2) Expenditure of funds.--Any expenditure from the Fund
for the purpose of paragraph (1)(B) shall be made from
amounts available in the Fund, and amounts available in the
Fund shall be in addition to any other appropriations
available to the Cybersecurity and Infrastructure Security
Agency for such purpose.
``SEC. 2234. CYBER RESPONSE AND RECOVERY FUND.
``(a) In General.--There is established a Cyber Response
and Recovery Fund, which shall be available for--
``(1) the coordination of activities described in section
2233(b);
``(2) response and recovery support for the specific
significant incident associated with a declaration to
Federal, State, local, and Tribal, entities and public and
private entities on a reimbursable or non-reimbursable basis,
including through asset response activities and technical
assistance, such as--
``(A) vulnerability assessments and mitigation;
``(B) technical incident mitigation;
``(C) malware analysis;
``(D) analytic support;
``(E) threat detection and hunting; and
``(F) network protections;
``(3) as the Director determines appropriate, grants for,
or cooperative agreements with, Federal, State, local, and
Tribal public and private entities to respond to, and recover
from, the specific significant incident associated with a
declaration, such as--
``(A) hardware or software to replace, update, improve,
harden, or enhance the functionality of existing hardware,
software, or systems; and
``(B) technical contract personnel support; and
``(4) advance actions taken by the Secretary under section
2233(f)(1)(B).
``(b) Deposits and Expenditures.--
``(1) In general.--Amounts shall be deposited into the Fund
from--
``(A) appropriations to the Fund for activities of the
Fund; and
``(B) reimbursement from Federal agencies for the
activities described in paragraphs (1), (2), and (4) of
subsection (a), which shall only be from amounts made
available in advance in appropriations Acts for such
reimbursement.
``(2) Expenditures.--Any expenditure from the Fund for the
purposes of this subtitle shall be made from amounts
available in the Fund from a deposit described in paragraph
(1), and amounts available in the Fund shall be in addition
to any other appropriations available to the Cybersecurity
and Infrastructure Security Agency for such purposes.
``(c) Supplement Not Supplant.--Amounts in the Fund shall
be used to supplement, not supplant, other Federal, State,
local, or Tribal funding for activities in response to a
declaration.
``(d) Reporting.--The Secretary shall require an entity
that receives amounts from the Fund to submit a report to the
Secretary that details the specific use of the amounts.
``SEC. 2235. NOTIFICATION AND REPORTING.
``(a) Notification.--Upon a declaration or renewal, the
Secretary shall immediately notify the National Cyber
Director and appropriate congressional committees and include
in the notification--
``(1) an estimation of the planned duration of the
declaration;
``(2) with respect to a notification of a declaration, the
reason for the declaration, including information relating to
the specific significant incident or imminent specific
significant incident, including--
``(A) the operational or mission impact or anticipated
impact of the specific significant incident on Federal and
non-Federal entities;
``(B) if known, the perpetrator of the specific significant
incident; and
``(C) the scope of the Federal and non-Federal entities
impacted or anticipated to be impacted by the specific
significant incident;
``(3) with respect to a notification of a renewal, the
reason for the renewal;
``(4) justification as to why available resources, other
than the Fund, are insufficient to respond to or mitigate the
specific significant incident; and
``(5) a description of the coordination activities
described in section 2233(b) that the Secretary anticipates
the Director to perform.
[[Page S7832]]
``(b) Report to Congress.--Not later than 180 days after
the date of a declaration or renewal, the Secretary shall
submit to the appropriate congressional committees a report
that includes--
``(1) the reason for the declaration or renewal, including
information and intelligence relating to the specific
significant incident that led to the declaration or renewal;
``(2) the use of any funds from the Fund for the purpose of
responding to the incident or threat described in paragraph
(1);
``(3) a description of the actions, initiatives, and
projects undertaken by the Department and State and local
governments and public and private entities in responding to
and recovering from the specific significant incident
described in paragraph (1);
``(4) an accounting of the specific obligations and outlays
of the Fund; and
``(5) an analysis of--
``(A) the impact of the specific significant incident
described in paragraph (1) on Federal and non-Federal
entities;
``(B) the impact of the declaration or renewal on the
response to, and recovery from, the specific significant
incident described in paragraph (1); and
``(C) the impact of the funds made available from the Fund
as a result of the declaration or renewal on the recovery
from, and response to, the specific significant incident
described in paragraph (1).
``(c) Classification.--Each notification made under
subsection (a) and each report submitted under subsection
(b)--
``(1) shall be in an unclassified form with appropriate
markings to indicate information that is exempt from
disclosure under section 552 of title 5, United States Code
(commonly known as the `Freedom of Information Act'); and
``(2) may include a classified annex.
``(d) Consolidated Report.--The Secretary shall not be
required to submit multiple reports under subsection (b) for
multiple declarations or renewals if the Secretary determines
that the declarations or renewals substantively relate to the
same specific significant incident.
``(e) Exemption.--The requirements of subchapter I of
chapter 35 of title 44 (commonly known as the `Paperwork
Reduction Act') shall not apply to the voluntary collection
of information by the Department during an investigation of,
a response to, or an immediate post-response review of, the
specific significant incident leading to a declaration or
renewal.
``SEC. 2236. RULE OF CONSTRUCTION.
``Nothing in this subtitle shall be construed to impair or
limit the ability of the Director to carry out the authorized
activities of the Cybersecurity and Infrastructure Security
Agency.
``SEC. 2237. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Fund
$20,000,000 for fiscal year 2022, which shall remain
available until September 30, 2028.
``SEC. 2238. SUNSET.
``The authorities granted to the Secretary or the Director
under this subtitle shall expire on the date that is 7 years
after the date of enactment of this subtitle.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by adding at the end the
following:
``Subtitle C--Declaration of a Significant Incident
``Sec. 2231. Sense of Congress.
``Sec. 2232. Definitions.
``Sec. 2233. Declaration.
``Sec. 2234. Cyber response and recovery fund.
``Sec. 2235. Notification and reporting.
``Sec. 2236. Rule of construction.
``Sec. 2237. Authorization of appropriations.
``Sec. 2238. Sunset.''.
TITLE III--PERSONNEL
Subtitle A--Facilitating Federal Employee Reskilling
SEC. 4301. SHORT TITLE.
This subtitle may be cited as the ``Facilitating Federal
Employee Reskilling Act''.
SEC. 4302. RESKILLING FEDERAL EMPLOYEES.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Oversight and Reform of the House of
Representatives.
(3) Competitive service.--The term ``competitive service''
has the meaning given the term in section 2102 of title 5,
United States Code.
(4) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(5) Employee.--The term ``employee'' means an employee
serving in a position in the competitive service or the
excepted service.
(6) Excepted service.--The term ``excepted service'' has
the meaning given the term in section 2103 of title 5, United
States Code.
(7) Federal reskilling program.--The term ``Federal
reskilling program'' means a program established by the head
of an agency or the Director to provide employees with the
technical skill or expertise that would qualify the employees
to serve in a different position in the competitive service
or the excepted service that requires such technical skill or
expertise.
(b) Requirements.--With respect to a Federal reskilling
program established by the head of an agency or by the
Director before, on, or after the date of enactment of this
Act, the agency head or the Director, as applicable, shall
ensure that the Federal reskilling program--
(1) is implemented in a manner that is in accordance with
the bar on prohibited personnel practices under section 2302
of title 5, United States Code, and consistent with the merit
system principles under section 2301 of title 5, United
States Code, including by using merit-based selection
procedures for participation by employees in the Federal
reskilling program;
(2) includes appropriate limitations or restrictions
associated with implementing the Federal reskilling program,
which shall be consistent with any regulations prescribed by
the Director under subsection (e);
(3) provides that any new position to which an employee who
participates in the Federal reskilling program is transferred
will utilize the technical skill or expertise that the
employee acquired by participating in the Federal reskilling
program;
(4) includes the option for an employee participating in
the Federal reskilling program to return to the original
position of the employee, or a similar position, particularly
if the employee is unsuccessful in the position to which the
employee transfers after completing the Federal reskilling
program;
(5) provides that an employee who successfully completes
the Federal reskilling program and transfers to a position
that requires the technical skill or expertise provided
through the Federal reskilling program shall be entitled to
have the grade of the position held immediately before the
transfer in a manner in accordance with section 5362 of title
5, United States Code;
(6) provides that an employee serving in a position in the
excepted service may not transfer to a position in the
competitive service solely by reason of the completion of the
Federal reskilling program by the employee; and
(7) includes a mechanism to track outcomes of the Federal
reskilling program in accordance with the metrics established
under subsection (c).
(c) Reporting and Metrics.--Not later than 1 year after the
date of enactment of this Act, the Director shall establish
reporting requirements for, and standardized metrics and
procedures for agencies to track outcomes of, Federal
reskilling programs, which shall include, with respect to
each Federal reskilling program--
(1) providing a summary of the Federal reskilling program;
(2) collecting and reporting demographic and employment
data with respect to employees who have applied for,
participated in, or completed the Federal reskilling program;
(3) attrition of employees who have completed the Federal
reskilling program; and
(4) any other measures or outcomes that the Director
determines to be relevant.
(d) GAO Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a comprehensive study of, and submit to
Congress a report on, Federal reskilling programs that
includes--
(1) a summary of each Federal reskilling program and
methods by which each Federal reskilling program recruits,
selects, and retrains employees;
(2) an analysis of the accessibility of each Federal
reskilling program for a diverse set of candidates;
(3) an evaluation of the effectiveness, costs, and benefits
of the Federal reskilling programs; and
(4) recommendations to improve Federal reskilling programs
to accomplish the goal of reskilling the Federal workforce.
(e) Regulations.--The Director--
(1) not later than 1 year after the date of enactment of
this Act, shall prescribe regulations for the reporting
requirements and metrics and procedures under subsection (c);
(2) may prescribe additional regulations, as the Director
determines necessary, to provide for requirements with
respect to, and the implementation of, Federal reskilling
programs; and
(3) with respect to any regulation prescribed under this
subsection, shall brief the appropriate committees of
Congress with respect to the regulation not later than 30
days before the date on which the final version of the
regulation is published.
(f) Rule of Construction.--Nothing in this section may be
construed to require the head of an agency or the Director to
establish a Federal reskilling program.
(g) Use of Funds.--Any Federal reskilling program
established by the head of an agency or the Director shall be
carried out using amounts otherwise made available to that
agency head or the Director, as applicable.
Subtitle B--Federal Rotational Cyber Workforce Program
SEC. 4351. SHORT TITLE.
This subtitle may be cited as the ``Federal Rotational
Cyber Workforce Program Act of 2021''.
SEC. 4352. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code, except that the term does not include the
Government Accountability Office.
[[Page S7833]]
(2) Competitive service.--The term ``competitive service''
has the meaning given that term in section 2102 of title 5,
United States Code.
(3) Councils.--The term ``Councils'' means--
(A) the Chief Human Capital Officers Council established
under section 1303 of the Chief Human Capital Officers Act of
2002 (5 U.S.C. 1401 note); and
(B) the Chief Information Officers Council established
under section 3603 of title 44, United States Code.
(4) Cyber workforce position.--The term ``cyber workforce
position'' means a position identified as having information
technology, cybersecurity, or other cyber-related functions
under section 303 of the Federal Cybersecurity Workforce
Assessment Act of 2015 (5 U.S.C. 301 note).
(5) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(6) Employee.--The term ``employee'' has the meaning given
the term in section 2105 of title 5, United States Code.
(7) Employing agency.--The term ``employing agency'' means
the agency from which an employee is detailed to a rotational
cyber workforce position.
(8) Excepted service.--The term ``excepted service'' has
the meaning given that term in section 2103 of title 5,
United States Code.
(9) Rotational cyber workforce position.--The term
``rotational cyber workforce position'' means a cyber
workforce position with respect to which a determination has
been made under section 4353(a)(1).
(10) Rotational cyber workforce program.--The term
``rotational cyber workforce program'' means the program for
the detail of employees among rotational cyber workforce
positions at agencies.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 4353. ROTATIONAL CYBER WORKFORCE POSITIONS.
(a) Determination With Respect to Rotational Service.--
(1) In general.--The head of each agency may determine that
a cyber workforce position in that agency is eligible for the
rotational cyber workforce program, which shall not be
construed to modify the requirement under section 4354(b)(3)
that participation in the rotational cyber workforce program
by an employee shall be voluntary.
(2) Notice provided.--The head of an agency shall submit to
the Director--
(A) notice regarding any determination made by the head of
the agency under paragraph (1); and
(B) for each position with respect to which the head of the
agency makes a determination under paragraph (1), the
information required under subsection (b)(1).
(b) Preparation of List.--The Director, with assistance
from the Councils and the Secretary, shall develop a list of
rotational cyber workforce positions that--
(1) with respect to each such position, to the extent that
the information does not disclose sensitive national security
information, includes--
(A) the title of the position;
(B) the occupational series with respect to the position;
(C) the grade level or work level with respect to the
position;
(D) the agency in which the position is located;
(E) the duty location with respect to the position; and
(F) the major duties and functions of the position; and
(2) shall be used to support the rotational cyber workforce
program.
(c) Distribution of List.--Not less frequently than
annually, the Director shall distribute an updated list
developed under subsection (b) to the head of each agency and
other appropriate entities.
SEC. 4354. ROTATIONAL CYBER WORKFORCE PROGRAM.
(a) Operation Plan.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, and in consultation with the Councils,
the Secretary, representatives of other agencies, and any
other entity as the Director determines appropriate, the
Director shall develop and issue a Federal Rotational Cyber
Workforce Program operation plan providing policies,
processes, and procedures for a program for the detailing of
employees among rotational cyber workforce positions at
agencies, which may be incorporated into and implemented
through mechanisms in existence on the date of enactment of
this Act.
(2) Updating.--The Director may, in consultation with the
Councils, the Secretary, and other entities as the Director
determines appropriate, periodically update the operation
plan developed and issued under paragraph (1).
(b) Requirements.--The operation plan developed and issued
under subsection (a) shall, at a minimum--
(1) identify agencies for participation in the rotational
cyber workforce program;
(2) establish procedures for the rotational cyber workforce
program, including--
(A) any training, education, or career development
requirements associated with participation in the rotational
cyber workforce program;
(B) any prerequisites or requirements for participation in
the rotational cyber workforce program; and
(C) appropriate rotational cyber workforce program
performance measures, reporting requirements, employee exit
surveys, and other accountability devices for the evaluation
of the program;
(3) provide that participation in the rotational cyber
workforce program by an employee shall be voluntary;
(4) provide that an employee shall be eligible to
participate in the rotational cyber workforce program if the
head of the employing agency of the employee, or a designee
of the head of the employing agency of the employee, approves
of the participation of the employee;
(5) provide that the detail of an employee to a rotational
cyber workforce position under the rotational cyber workforce
program shall be on a nonreimbursable basis;
(6) provide that agencies may agree to partner to ensure
that the employing agency of an employee who participates in
the rotational cyber workforce program is able to fill the
position vacated by the employee;
(7) require that an employee detailed to a rotational cyber
workforce position under the rotational cyber workforce
program, upon the end of the period of service with respect
to the detail, shall be entitled to return to the position
held by the employee, or an equivalent position, in the
employing agency of the employee without loss of pay,
seniority, or other rights or benefits to which the employee
would have been entitled had the employee not been detailed;
(8) provide that discretion with respect to the assignment
of an employee under the rotational cyber workforce program
shall remain with the employing agency of the employee;
(9) require that an employee detailed to a rotational cyber
workforce position under the rotational cyber workforce
program in an agency that is not the employing agency of the
employee shall have all the rights that would be available to
the employee if the employee were detailed under a provision
of law other than this subtitle from the employing agency to
the agency in which the rotational cyber workforce position
is located;
(10) provide that participation by an employee in the
rotational cyber workforce program shall not constitute a
change in the conditions of the employment of the employee;
and
(11) provide that an employee participating in the
rotational cyber workforce program shall receive performance
evaluations relating to service in the rotational cyber
workforce program in a participating agency that are--
(A) prepared by an appropriate officer, supervisor, or
management official of the employing agency, acting in
coordination with the supervisor at the agency in which the
employee is performing service in the rotational cyber
workforce position;
(B) based on objectives identified in the operation plan
with respect to the employee; and
(C) based in whole or in part on the contribution of the
employee to the agency in which the employee performed such
service, as communicated from that agency to the employing
agency of the employee.
(c) Program Requirements for Rotational Service.--
(1) In general.--An employee serving in a cyber workforce
position in an agency may, with the approval of the head of
the agency, submit an application for detail to a rotational
cyber workforce position that appears on the list developed
under section 4353(b).
(2) OPM approval for certain positions.--An employee
serving in a position in the excepted service may only be
selected for a rotational cyber workforce position that is in
the competitive service with the prior approval of the Office
of Personnel Management, in accordance with section 300.301
of title 5, Code of Federal Regulations, or any successor
thereto.
(3) Selection and term.--
(A) Selection.--The head of an agency shall select an
employee for a rotational cyber workforce position under the
rotational cyber workforce program in a manner that is
consistent with the merit system principles under section
2301(b) of title 5, United States Code.
(B) Term.--Except as provided in subparagraph (C), and
notwithstanding section 3341(b) of title 5, United States
Code, a detail to a rotational cyber workforce position shall
be for a period of not less than 180 days and not more than 1
year.
(C) Extension.--The Chief Human Capital Officer of the
agency to which an employee is detailed under the rotational
cyber workforce program may extend the period of a detail
described in subparagraph (B) for a period of 60 days unless
the Chief Human Capital Officer of the employing agency of
the employee objects to that extension.
(4) Written service agreements.--
(A) In general.--The detail of an employee to a rotational
cyber workforce position shall be contingent upon the
employee entering into a written service agreement with the
employing agency under which the employee is required to
complete a period of employment with the employing agency
following the conclusion of the detail that is equal in
length to the period of the detail.
(B) Other agreements and obligations.--A written service
agreement under subparagraph (A) shall not supersede or
modify the terms or conditions of any other service agreement
entered into by the employee under any other authority or
relieve the obligations between the employee and the
employing agency under such a service agreement. Nothing in
this subparagraph prevents
[[Page S7834]]
an employing agency from terminating a service agreement
entered into under any other authority under the terms of
such agreement or as required by law or regulation.
SEC. 4355. REPORTING BY GAO.
Not later than the end of the third fiscal year after the
fiscal year in which the operation plan under section 4354(a)
is issued, the Comptroller General of the United States shall
submit to Congress a report assessing the operation and
effectiveness of the rotational cyber workforce program,
which shall address, at a minimum--
(1) the extent to which agencies have participated in the
rotational cyber workforce program, including whether the
head of each such participating agency has--
(A) identified positions within the agency that are
rotational cyber workforce positions;
(B) had employees from other participating agencies serve
in positions described in subparagraph (A); and
(C) had employees of the agency request to serve in
rotational cyber workforce positions under the rotational
cyber workforce program in participating agencies, including
a description of how many such requests were approved; and
(2) the experiences of employees serving in rotational
cyber workforce positions under the rotational cyber
workforce program, including an assessment of--
(A) the period of service;
(B) the positions (including grade level and occupational
series or work level) held by employees before completing
service in a rotational cyber workforce position under the
rotational cyber workforce program;
(C) the extent to which each employee who completed service
in a rotational cyber workforce position under the rotational
cyber workforce program achieved a higher skill level, or
attained a skill level in a different area, with respect to
information technology, cybersecurity, or other cyber-related
functions; and
(D) the extent to which service in rotational cyber
workforce positions has affected intra-agency and interagency
integration and coordination of cyber practices, functions,
and personnel management.
SEC. 4356. SUNSET.
Effective 5 years after the date of enactment of this Act,
this subtitle is repealed.
TITLE IV--OTHER MATTERS
Subtitle A--Ensuring Security of Unmanned Aircraft Systems
SEC. 4401. SHORT TITLE.
This subtitle may be cited as the ``American Security Drone
Act of 2021''.
SEC. 4402. DEFINITIONS.
In this subtitle:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council. This
list will include entities in the following categories:
(A) An entity included on the Consolidated Screening List.
(B) Any entity that is subject to extrajudicial direction
from a foreign government, as determined by the Secretary of
Homeland Security.
(C) Any entity the Secretary of Homeland Security, in
coordination with the Director of National Intelligence and
the Secretary of Defense, determines poses a national
security risk.
(D) Any entity domiciled in the People's Republic of China
or subject to influence or control by the Government of the
People's Republic of China or the Communist Party of the
People's Republic of China, as determined by the Secretary of
Homeland Security.
(E) Any subsidiary or affiliate of an entity described in
subparagraphs (A) through (D).
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' has the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
SEC. 4403. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Except as provided under subsections (b)
though (f), the head of an executive agency may not procure
any covered unmanned aircraft system that are manufactured or
assembled by a covered foreign entity, which includes
associated elements (consisting of communication links and
the components that control the unmanned aircraft) that are
required for the operator to operate safely and efficiently
in the national airspace system. The Federal Acquisition
Security Council, in coordination with the Secretary of
Transportation, shall develop and update a list of associated
elements.
(b) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General are exempt
from the restriction under subsection (a) if the operation or
procurement--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence activities; or
(E) Federal criminal or national security investigations,
including forensic examinations; and
(2) is required in the national interest of the United
States.
(c) Federal Aviation Administration Center of Excellence
for Unmanned Aircraft Systems Exemption.--The Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under
subsection (a) if the operation or procurement is for the
sole purposes of research, evaluation, training, testing, or
analysis for the Federal Aviation Administration's Alliance
for System Safety of UAS through Research Excellence (ASSURE)
Center of Excellence (COE) for Unmanned Aircraft Systems.
(d) National Transportation Safety Board Exemption.--The
National Transportation Safety Board (NTSB), in consultation
with the Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of conducting
safety investigations.
(e) National Oceanic Atmospheric Administration
Exemption.--The Administrator of the National Oceanic
Atmospheric Administration (NOAA), in consultation with the
Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of marine or
atmospheric science or management.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
SEC. 4404. PROHIBITION ON OPERATION OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) Prohibition.--
(1) In general.--Beginning on the date that is 2 years
after the date of the enactment of this Act, no Federal
department or agency may operate a covered unmanned aircraft
system manufactured or assembled by a covered foreign entity.
(2) Applicability to contracted services.--The prohibition
under paragraph (1) applies to any covered unmanned aircraft
systems that are being used by any executive agency through
the method of contracting for the services of covered
unmanned aircraft systems.
(b) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General are exempt
from the restriction under subsection (a) if the operation or
procurement--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence activities; or
(E) Federal criminal or national security investigations,
including forensic examinations; and
(2) is required in the national interest of the United
States.
(c) Federal Aviation Administration Center of Excellence
for Unmanned Aircraft Systems Exemption.--The Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under
subsection (a) if the operation or procurement is for the
sole purposes of research, evaluation, training, testing, or
analysis for the Federal Aviation Administration's Alliance
for System Safety of UAE through Research Excellence (ASSURE)
Center of Excellence (COE) for Unmanned Aircraft Systems.
(d) National Transportation Safety Board Exemption.--The
National Transportation Safety Board (NTSB), in consultation
with the Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of conducting
safety investigations.
(e) National Oceanic Atmospheric Administration
Exemption.--The Administrator of the National Oceanic
Atmospheric Administration (NOAA), in consultation with the
Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of marine or
atmospheric science or management.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
(g) Regulations and Guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall prescribe regulations or guidance to
implement this section.
SEC. 4405. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES
AND OPERATION OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Beginning on the date that is 2 years
after the date of the enactment of this Act, except as
provided in subsection (b), no Federal funds awarded through
a contract, grant, or cooperative agreement, or otherwise
made available may be used--
[[Page S7835]]
(1) to purchase a covered unmanned aircraft system, or a
system to counter unmanned aircraft systems, that is
manufactured or assembled by a covered foreign entity; or
(2) in connection with the operation of such a drone or
unmanned aircraft system.
(b) Exemption.--A Federal department or agency is exempt
from the restriction under subsection (a) if--
(1) the contract, grant, or cooperative agreement was
awarded prior to the date of the enactment of this Act; or
(2) the operation or procurement is for the sole purposes
of research, evaluation, training, testing, or analysis, as
determined by the Secretary of Homeland Security, the
Secretary of Defense, or the Attorney General, for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence activities; or
(E) Federal criminal or national security investigations,
including forensic examinations; or
(F) the safe integration of UAS in the national airspace
(as determined in consultation with the Secretary of
Transportation); and
(3) is required in the national interest of the United
States.
(c) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
(d) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regulatory
Council shall prescribe regulations or guidance, as
necessary, to implement the requirements of this section
pertaining to Federal contracts.
SEC. 4406. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE
CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
Effective immediately, Government-issued Purchase Cards may
not be used to procure any covered unmanned aircraft system
from a covered foreign entity.
SEC. 4407. MANAGEMENT OF EXISTING INVENTORIES OF COVERED
UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN
ENTITIES.
(a) In General.--Effective immediately, all executive
agencies must account for existing inventories of covered
unmanned aircraft systems manufactured or assembled by a
covered foreign entity in their personal property accounting
systems, regardless of the original procurement cost, or the
purpose of procurement due to the special monitoring and
accounting measures necessary to track the items'
capabilities.
(b) Classified Tracking.--Due to the sensitive nature of
missions and operations conducted by the United States
Government, inventory data related to covered unmanned
aircraft systems manufactured or assembled by a covered
foreign entity may be tracked at a classified level.
(c) Exceptions.--The Department of Defense and Department
of Homeland Security may exclude from the full inventory
process, covered unmanned aircraft systems that are deemed
expendable due to mission risk such as recovery issues or
that are one-time-use covered unmanned aircraft due to
requirements and low cost.
SEC. 4408. COMPTROLLER GENERAL REPORT.
Not later than 275 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report on the amount of commercial off-
the-shelf drones and covered unmanned aircraft systems
procured by Federal departments and agencies from covered
foreign entities.
SEC. 4409. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED
AIRCRAFT SYSTEMS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in coordination with the Department of
Homeland Security, Department of Transportation, the
Department of Justice, and other Departments as determined by
the Director of the Office of Management and Budget, and in
consultation with the National Institute of Standards and
Technology, shall establish a government-wide policy for the
procurement of UAS--
(1) for non-Department of Defense and non-intelligence
community operations; and
(2) through grants and cooperative agreements entered into
with non-Federal entities.
(b) Information Security.--The policy developed under
subsection (a) shall include the following specifications,
which to the extent practicable, shall be based on industry
standards and technical guidance from the National Institute
of Standards and Technology, to address the risks associated
with processing, storing and transmitting Federal information
in a UAS:
(1) Protections to ensure controlled access of UAS.
(2) Protecting software, firmware, and hardware by ensuring
changes to UAS are properly managed, including by ensuring
UAS can be updated using a secure, controlled, and
configurable mechanism.
(3) Cryptographically securing sensitive collected, stored,
and transmitted data, including proper handling of privacy
data and other controlled unclassified information.
(4) Appropriate safeguards necessary to protect sensitive
information, including during and after use of UAS.
(5) Appropriate data security to ensure that data is not
transmitted to or stored in non-approved locations.
(6) The ability to opt out of the uploading, downloading,
or transmitting of data that is not required by law or
regulation and an ability to choose with whom and where
information is shared when it is required.
(c) Requirement.--The policy developed under subsection (a)
shall reflect an appropriate risk-based approach to
information security related to use of UAS.
(d) Revision of Acquisition Regulations.--Not later than
180 days after the date on which the policy required under
subsection (a) is issued--
(1) the Federal Acquisition Regulatory Council shall revise
the Federal Acquisition Regulation, as necessary, to
implement the policy; and
(2) any Federal department or agency or other Federal
entity not subject to, or not subject solely to, the Federal
Acquisition Regulation shall revise applicable policy,
guidance, or regulations, as necessary, to implement the
policy.
(e) Exemption.--In developing the policy required under
subsection (a), the Director of the Office of Management and
Budget shall incorporate an exemption to the policy for the
following reasons:
(1) In the case of procurement for the purposes of
training, testing, or analysis for--
(A) electronic warfare; or
(B) information warfare operations.
(2) In the case of researching UAS technology, including
testing, evaluation, research, or development of technology
to counter UAS.
(3) In the case of a head of the procuring department or
agency determining, in writing, that no product that complies
with the information security requirements described in
subsection (b) is capable of fulfilling mission critical
performance requirements, and such determination--
(A) may not be delegated below the level of the Deputy
Secretary of the procuring department or agency;
(B) shall specify--
(i) the quantity of end items to which the waiver applies,
the procurement value of which may not exceed $50,000 per
waiver; and
(ii) the time period over which the waiver applies, which
shall not exceed 3 years;
(C) shall be reported to the Office of Management and
Budget following issuance of such a determination; and
(D) not later than 30 days after the date on which the
determination is made, shall be provided to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Reform of the House of
Representatives.
SEC. 4410. STUDY.
(a) Independent Study.--Not later than 3 years after the
date of the enactment of this Act, the Director of the Office
of Management and Budget shall seek to enter into a contract
with a federally funded research and development center under
which the center will conduct a study of--
(1) the current and future unmanned aircraft system global
and domestic market;
(2) the ability of the unmanned aircraft system domestic
market to keep pace with technological advancements across
the industry;
(3) the ability of domestically made unmanned aircraft
systems to meet the network security and data protection
requirements of the national security enterprise;
(4) the extent to which unmanned aircraft system component
parts, such as the parts described in section 4403, are made
domestically; and
(5) an assessment of the economic impact, including cost,
of excluding the use of foreign-made UAS for use across the
Federal Government.
(b) Submission to OMB.--Upon completion of the study in
subsection (a), the federally funded research and development
center shall submit the study to the Director of the Office
of Management and Budget.
(c) Submission to Congress.--Not later than 30 days after
the date on which the Director of the Office of Management
and Budget receives the study under subsection (b), the
Director shall submit the study to--
(1) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Homeland Security and the Committee on
Oversight and Reform and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 4411. SUNSET.
Sections 4403, 4404, and 4405 shall cease to have effect on
the date that is 5 years after the date of the enactment of
this Act.
Subtitle B--No TikTok on Government Devices
SEC. 4431. SHORT TITLE.
This subtitle may be cited as the ``No TikTok on Government
Devices Act''.
SEC. 4432. PROHIBITION ON THE USE OF TIKTOK.
(a) Definitions.--In this section--
(1) the term ``covered application'' means the social
networking service TikTok or any successor application or
service developed or provided by ByteDance Limited or an
entity owned by ByteDance Limited;
(2) the term ``executive agency'' has the meaning given
that term in section 133 of title 41, United States Code; and
[[Page S7836]]
(3) the term ``information technology'' has the meaning
given that term in section 11101 of title 40, United States
Code.
(b) Prohibition on the Use of TikTok.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator
of General Services, the Director of the Cybersecurity and
Infrastructure Security Agency, the Director of National
Intelligence, and the Secretary of Defense, and consistent
with the information security requirements under subchapter
II of chapter 35 of title 44, United States Code, shall
develop standards and guidelines for executive agencies
requiring the removal of any covered application from
information technology.
(2) National security and research exceptions.--The
standards and guidelines developed under paragraph (1) shall
include--
(A) exceptions for law enforcement activities, national
security interests and activities, and security researchers;
and
(B) for any authorized use of a covered application under
an exception, requirements for executive agencies to develop
and document risk mitigation actions for such use.
Subtitle C--National Risk Management
SEC. 4461. SHORT TITLE.
This subtitle may be cited as the ``National Risk
Management Act of 2021''.
SEC. 4462. NATIONAL RISK MANAGEMENT CYCLE.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following:
``SEC. 2218. NATIONAL RISK MANAGEMENT CYCLE.
``(a) National Critical Functions Defined.--In this
section, the term `national critical functions' means the
functions of government and the private sector so vital to
the United States that their disruption, corruption, or
dysfunction would have a debilitating effect on security,
national economic security, national public health or safety,
or any combination thereof.
``(b) National Risk Management Cycle.--
``(1) Risk identification and assessment.--
``(A) In general.--The Secretary, acting through the
Director, shall establish a recurring process by which to
identify, assess, and prioritize risks to critical
infrastructure, considering both cyber and physical threats,
the associated likelihoods, vulnerabilities, and
consequences, and the resources necessary to address them.
``(B) Consultation.--In establishing the process required
under subparagraph (A), the Secretary shall consult with, and
request and collect information to support analysis from,
Sector Risk Management Agencies, critical infrastructure
owners and operators, the Assistant to the President for
National Security Affairs, the Assistant to the President for
Homeland Security, and the National Cyber Director.
``(C) Publication.--Not later than 180 days after the date
of enactment of this section, the Secretary shall publish in
the Federal Register procedures for the process established
under subparagraph (A), subject to any redactions the
Secretary determines are necessary to protect classified or
other sensitive information.
``(D) Report.--The Secretary shall submit to the President,
the Committee on Homeland Security and Governmental Affairs
of the Senate, and the Committee on Homeland Security of the
House of Representatives a report on the risks identified by
the process established under subparagraph (A)--
``(i) not later than 1 year after the date of enactment of
this section; and
``(ii) not later than 1 year after the date on which the
Secretary submits a periodic evaluation described in section
9002(b)(2) of title XC of division H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
``(2) National critical infrastructure resilience
strategy.--
``(A) In general.--Not later than 1 year after the date on
which the Secretary delivers each report required under
paragraph (1), the President shall deliver to majority and
minority leaders of the Senate, the Speaker and minority
leader of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on Homeland Security of the House of
Representatives a national critical infrastructure resilience
strategy designed to address the risks identified by the
Secretary.
``(B) Elements.--Each strategy delivered under subparagraph
(A) shall--
``(i) identify, assess, and prioritize areas of risk to
critical infrastructure that would compromise or disrupt
national critical functions impacting national security,
economic security, or public health and safety;
``(ii) assess the implementation of the previous national
critical infrastructure resilience strategy, as applicable;
``(iii) identify and outline current and proposed national-
level actions, programs, and efforts to be taken to address
the risks identified;
``(iv) identify the Federal departments or agencies
responsible for leading each national-level action, program,
or effort and the relevant critical infrastructure sectors
for each; and
``(v) request any additional authorities necessary to
successfully execute the strategy.
``(C) Form.--Each strategy delivered under subparagraph (A)
shall be unclassified, but may contain a classified annex.
``(3) Congressional briefing.--Not later than 1 year after
the date on which the President delivers the first strategy
required under paragraph (2)(A), and every year thereafter,
the Secretary, in coordination with Sector Risk Management
Agencies, shall brief the appropriate congressional
committees on--
``(A) the national risk management cycle activities
undertaken pursuant to the strategy; and
``(B) the amounts and timeline for funding that the
Secretary has determined would be necessary to address risks
and successfully execute the full range of activities
proposed by the strategy.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 2217 the following:
``Sec. 2218. National risk management cycle.''.
Subtitle D--Safeguarding American Innovation
SEC. 4491. SHORT TITLE.
This subtitle may be cited as the ``Safeguarding American
Innovation Act''.
SEC. 4492. DEFINITIONS.
In this subtitle:
(1) Federal science agency.--The term ``Federal science
agency'' means any Federal department or agency to which more
than $100,000,000 in basic and applied research and
development funds were appropriated for the previous fiscal
year.
(2) Research and development.--
(A) In general.--The term ``research and development''
means all research activities, both basic and applied, and
all development activities.
(B) Development.--The term ``development'' means
experimental development.
(C) Experimental development.--The term ``experimental
development'' means creative and systematic work, drawing
upon knowledge gained from research and practical experience,
which--
(i) is directed toward the production of new products or
processes or improving existing products or processes; and
(ii) like research, will result in gaining additional
knowledge.
(D) Research.--The term ``research''--
(i) means a systematic study directed toward fuller
scientific knowledge or understanding of the subject studied;
and
(ii) includes activities involving the training of
individuals in research techniques if such activities--
(I) utilize the same facilities as other research and
development activities; and
(II) are not included in the instruction function.
SEC. 4493. FEDERAL RESEARCH SECURITY COUNCIL.
(a) In General.--Subtitle V of title 31, United States
Code, is amended by adding at the end the following:
``CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL
``Sec.
``7901. Definitions.
``7902. Federal Research Security Council establishment and membership.
``7903. Functions and authorities.
``7904. Strategic plan.
``7905. Annual report.
``7906. Requirements for Executive agencies.
``Sec. 7901. Definitions
``In this chapter:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Committee on Commerce, Science, and
Transportation of the Senate;
``(C) the Select Committee on Intelligence of the Senate;
``(D) the Committee on Foreign Relations of the Senate;
``(E) the Committee on Armed Services of the Senate;
``(F) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(G) the Committee on Oversight and Reform of the House of
Representatives;
``(H) the Committee on Homeland Security of the House of
Representatives;
``(I) the Committee on Energy and Commerce of the House of
Representatives;
``(J) the Permanent Select Committee on Intelligence of the
House of Representatives;
``(K) the Committee on Foreign Affairs of the House of
Representatives;
``(L) the Committee on Armed Services of the House of
Representatives; and
``(M) the Committee on Education and Labor of the House of
Representatives.
``(2) Council.--The term `Council' means the Federal
Research Security Council established under section 7902(a).
``(3) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(4) Federal research security risk.--The term `Federal
research security risk' means the risk posed by malign state
actors and other persons to the security and integrity of
research and development conducted using research and
development funds awarded by Executive agencies.
``(5) Insider.--The term `insider' means any person with
authorized access to any United States Government resource,
including personnel, facilities, information, research,
equipment, networks, or systems.
[[Page S7837]]
``(6) Insider threat.--The term `insider threat' means the
threat that an insider will use his or her authorized access
(wittingly or unwittingly) to harm the national and economic
security of the United States or negatively affect the
integrity of a Federal agency's normal processes, including
damaging the United States through espionage, sabotage,
terrorism, unauthorized disclosure of national security
information or nonpublic information, a destructive act
(which may include physical harm to another in the
workplace), or through the loss or degradation of
departmental resources, capabilities, and functions.
``(7) Research and development.--
``(A) In general.--The term `research and development'
means all research activities, both basic and applied, and
all development activities.
``(B) Development.--The term `development' means
experimental development.
``(C) Experimental development.--The term `experimental
development' means creative and systematic work, drawing upon
knowledge gained from research and practical experience,
which--
``(i) is directed toward the production of new products or
processes or improving existing products or processes; and
``(ii) like research, will result in gaining additional
knowledge.
``(D) Research.--The term `research'--
``(i) means a systematic study directed toward fuller
scientific knowledge or understanding of the subject studied;
and
``(ii) includes activities involving the training of
individuals in research techniques if such activities--
``(I) utilize the same facilities as other research and
development activities; and
``(II) are not included in the instruction function.
``(8) United states research community.--The term `United
States research community' means--
``(A) research and development centers of Executive
agencies;
``(B) private research and development centers in the
United States, including for profit and nonprofit research
institutes;
``(C) research and development centers at institutions of
higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)));
``(D) research and development centers of States, United
States territories, Indian tribes, and municipalities;
``(E) government-owned, contractor-operated United States
Government research and development centers; and
``(F) any person conducting federally funded research or
receiving Federal research grant funding.
``Sec. 7902. Federal Research Security Council establishment
and membership
``(a) Establishment.--There is established, in the Office
of Management and Budget, a Federal Research Security
Council, which shall develop federally funded research and
development grant making policy and management guidance to
protect the national and economic security interests of the
United States.
``(b) Membership.--
``(1) In general.--The following agencies shall be
represented on the Council:
``(A) The Office of Management and Budget.
``(B) The Office of Science and Technology Policy.
``(C) The Department of Defense.
``(D) The Department of Homeland Security.
``(E) The Office of the Director of National Intelligence.
``(F) The Department of Justice.
``(G) The Department of Energy.
``(H) The Department of Commerce.
``(I) The Department of Health and Human Services.
``(J) The Department of State.
``(K) The Department of Transportation.
``(L) The National Aeronautics and Space Administration.
``(M) The National Science Foundation.
``(N) The Department of Education.
``(O) The Small Business Administration.
``(P) The Council of Inspectors General on Integrity and
Efficiency.
``(Q) Other Executive agencies, as determined by the
Chairperson of the Council.
``(2) Lead representatives.--
``(A) Designation.--Not later than 45 days after the date
of the enactment of the Safeguarding American Innovation Act,
the head of each agency represented on the Council shall
designate a representative of that agency as the lead
representative of the agency on the Council.
``(B) Functions.--The lead representative of an agency
designated under subparagraph (A) shall ensure that
appropriate personnel, including leadership and subject
matter experts of the agency, are aware of the business of
the Council.
``(c) Chairperson.--
``(1) Designation.--Not later than 45 days after the date
of the enactment of the Safeguarding American Innovation Act,
the Director of the Office of Management and Budget shall
designate a senior level official from the Office of
Management and Budget to serve as the Chairperson of the
Council.
``(2) Functions.--The Chairperson shall perform functions
that include--
``(A) subject to subsection (d), developing a schedule for
meetings of the Council;
``(B) designating Executive agencies to be represented on
the Council under subsection (b)(1)(Q);
``(C) in consultation with the lead representative of each
agency represented on the Council, developing a charter for
the Council; and
``(D) not later than 7 days after completion of the
charter, submitting the charter to the appropriate
congressional committees.
``(3) Lead science advisor.--The Director of the Office of
Science and Technology Policy shall designate a senior level
official to be the lead science advisor to the Council for
purposes of this chapter.
``(4) Lead security advisor.--The Director of the National
Counterintelligence and Security Center shall designate a
senior level official from the National Counterintelligence
and Security Center to be the lead security advisor to the
Council for purposes of this chapter.
``(d) Meetings.--The Council shall meet not later than 60
days after the date of the enactment of the Safeguarding
American Innovation Act and not less frequently than
quarterly thereafter.
``Sec. 7903. Functions and authorities
``(a) Definitions.--In this section:
``(1) Implementing.--The term `implementing' means working
with the relevant Federal agencies, through existing
processes and procedures, to enable those agencies to put in
place and enforce the measures described in this section.
``(2) Uniform application process.--The term `uniform
application process' means a process employed by Federal
science agencies to maximize the collection of information
regarding applicants and applications, as determined by the
Council.
``(b) In General.--The Chairperson of the Council shall
consider the missions and responsibilities of Council members
in determining the lead agencies for Council functions. The
Council shall perform the following functions:
``(1) Developing and implementing, across all Executive
agencies that award research and development grants, awards,
and contracts, a uniform application process for grants in
accordance with subsection (c).
``(2) Developing and implementing policies and providing
guidance to prevent malign foreign interference from unduly
influencing the peer review process for federally funded
research and development.
``(3) Identifying or developing criteria for sharing among
Executive agencies and with law enforcement and other
agencies, as appropriate, information regarding individuals
who violate disclosure policies and other policies related to
research security.
``(4) Identifying an appropriate Executive agency--
``(A) to accept and protect information submitted by
Executive agencies and non-Federal entities based on the
process established pursuant to paragraph (1); and
``(B) to facilitate the sharing of information received
under subparagraph (A) to support, consistent with Federal
law--
``(i) the oversight of federally funded research and
development;
``(ii) criminal and civil investigations of misappropriated
Federal funds, resources, and information; and
``(iii) counterintelligence investigations.
``(5) Identifying, as appropriate, Executive agencies to
provide--
``(A) shared services, such as support for conducting
Federal research security risk assessments, activities to
mitigate such risks, and oversight and investigations with
respect to grants awarded by Executive agencies; and
``(B) common contract solutions to support the verification
of the identities of persons participating in federally
funded research and development.
``(6) Identifying and issuing guidance, in accordance with
subsection (e) and in coordination with the National Insider
Threat Task Force established by Executive Order 13587 (50
U.S.C. 3161 note) for expanding the scope of Executive agency
insider threat programs, including the safeguarding of
research and development from exploitation, compromise, or
other unauthorized disclosure, taking into account risk
levels and the distinct needs, missions, and systems of each
such agency.
``(7) Identifying and issuing guidance for developing
compliance and oversight programs for Executive agencies to
ensure that research and development grant recipients
accurately report conflicts of interest and conflicts of
commitment in accordance with subsection (c)(1). Such
programs shall include an assessment of--
``(A) a grantee's support from foreign sources and
affiliations, appointments, or participation in talent
programs with foreign funding institutions or laboratories;
and
``(B) the impact of such support and affiliations,
appointments, or participation in talent programs on United
States national security and economic interests.
``(8) Providing guidance to Executive agencies regarding
appropriate application of consequences for violations of
disclosure requirements.
``(9) Developing and implementing a cross-agency policy and
providing guidance related to the use of digital persistent
identifiers for individual researchers supported by, or
working on, any Federal research grant with the goal to
enhance transparency and security, while reducing
administrative burden for researchers and research
institutions.
``(10) Engaging with the United States research community
in conjunction with the National Science and Technology
Council and the National Academies Science, Technology and
Security Roundtable created
[[Page S7838]]
under section 1746 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 42 U.S.C. 6601 note)
in performing the functions described in paragraphs (1), (2),
and (3) and with respect to issues relating to Federal
research security risks.
``(11) Carrying out such other functions, consistent with
Federal law, that are necessary to reduce Federal research
security risks.
``(c) Requirements for Uniform Grant Application Process.--
In developing the uniform application process for Federal
research and development grants required under subsection
(b)(1), the Council shall--
``(1) ensure that the process--
``(A) requires principal investigators, co-principal
investigators, and key personnel associated with the proposed
Federal research or development grant project--
``(i) to disclose biographical information, all
affiliations, including any foreign military, foreign
government-related organizations, and foreign-funded
institutions, and all current and pending support, including
from foreign institutions, foreign governments, or foreign
laboratories, and all support received from foreign sources;
and
``(ii) to certify the accuracy of the required disclosures
under penalty of perjury; and
``(B) uses a machine-readable application form to assist in
identifying fraud and ensuring the eligibility of applicants;
``(2) design the process--
``(A) to reduce the administrative burden on persons
applying for Federal research and development funding; and
``(B) to promote information sharing across the United
States research community, while safeguarding sensitive
information; and
``(3) complete the process not later than 1 year after the
date of the enactment of the Safeguarding American Innovation
Act.
``(d) Requirements for Information Sharing Criteria.--In
identifying or developing criteria and procedures for sharing
information with respect to Federal research security risks
under subsection (b)(3), the Council shall ensure that such
criteria address, at a minimum--
``(1) the information to be shared;
``(2) the circumstances under which sharing is mandated or
voluntary;
``(3) the circumstances under which it is appropriate for
an Executive agency to rely on information made available
through such sharing in exercising the responsibilities and
authorities of the agency under applicable laws relating to
the award of grants;
``(4) the procedures for protecting intellectual capital
that may be present in such information; and
``(5) appropriate privacy protections for persons involved
in Federal research and development.
``(e) Requirements for Insider Threat Program Guidance.--In
identifying or developing guidance with respect to insider
threat programs under subsection (b)(6), the Council shall
ensure that such guidance provides for, at a minimum--
``(1) such programs--
``(A) to deter, detect, and mitigate insider threats; and
``(B) to leverage counterintelligence, security,
information assurance, and other relevant functions and
resources to identify and counter insider threats; and
``(2) the development of an integrated capability to
monitor and audit information for the detection and
mitigation of insider threats, including through--
``(A) monitoring user activity on computer networks
controlled by Executive agencies;
``(B) providing employees of Executive agencies with
awareness training with respect to insider threats and the
responsibilities of employees to report such threats;
``(C) gathering information for a centralized analysis,
reporting, and response capability; and
``(D) information sharing to aid in tracking the risk
individuals may pose while moving across programs and
affiliations;
``(3) the development and implementation of policies and
procedures under which the insider threat program of an
Executive agency accesses, shares, and integrates information
and data derived from offices within the agency and shares
insider threat information with the executive agency research
sponsors;
``(4) the designation of senior officials with authority to
provide management, accountability, and oversight of the
insider threat program of an Executive agency and to make
resource recommendations to the appropriate officials; and
``(5) such additional guidance as is necessary to reflect
the distinct needs, missions, and systems of each Executive
agency.
``(f) Issuance of Warnings Relating to Risks and
Vulnerabilities in International Scientific Cooperation.--
``(1) In general.--The Council, in conjunction with the
lead security advisor designated under section 7902(c)(4),
shall establish a process for informing members of the United
States research community and the public, through the
issuance of warnings described in paragraph (2), of potential
risks and vulnerabilities in international scientific
cooperation that may undermine the integrity and security of
the United States research community or place at risk any
federally funded research and development.
``(2) Content.--A warning described in this paragraph shall
include, to the extent the Council considers appropriate, a
description of--
``(A) activities by the national government, local
governments, research institutions, or universities of a
foreign country--
``(i) to exploit, interfere, or undermine research and
development by the United States research community; or
``(ii) to misappropriate scientific knowledge resulting
from federally funded research and development;
``(B) efforts by strategic competitors to exploit the
research enterprise of a foreign country that may place at
risk--
``(i) the science and technology of that foreign country;
or
``(ii) federally funded research and development; and
``(C) practices within the research enterprise of a foreign
country that do not adhere to the United States scientific
values of openness, transparency, reciprocity, integrity, and
merit-based competition.
``(g) Exclusion Orders.--To reduce Federal research
security risk, the Interagency Suspension and Debarment
Committee shall provide quarterly reports to the Director of
the Office of Management and Budget and the Director of the
Office of Science and Technology Policy that detail--
``(1) the number of ongoing investigations by Council
Members related to Federal research security that may result,
or have resulted, in agency pre-notice letters, suspensions,
proposed debarments, and debarments;
``(2) Federal agencies' performance and compliance with
interagency suspensions and debarments;
``(3) efforts by the Interagency Suspension and Debarment
Committee to mitigate Federal research security risk;
``(4) proposals for developing a unified Federal policy on
suspensions and debarments; and
``(5) other current suspension and debarment related
issues.
``(h) Savings Provision.--Nothing in this section may be
construed--
``(1) to alter or diminish the authority of any Federal
agency; or
``(2) to alter any procedural requirements or remedies that
were in place before the date of the enactment of the
Safeguarding American Innovation Act.
``Sec. 7904. Annual report
``Not later than November 15 of each year, the Chairperson
of the Council shall submit a report to the appropriate
congressional committees that describes the activities of the
Council during the preceding fiscal year.
``Sec. 7905. Requirements for Executive agencies
``(a) In General.--The head of each Executive agency on the
Council shall be responsible for--
``(1) assessing Federal research security risks posed by
persons participating in federally funded research and
development;
``(2) avoiding or mitigating such risks, as appropriate and
consistent with the standards, guidelines, requirements, and
practices identified by the Council under section 7903(b);
``(3) prioritizing Federal research security risk
assessments conducted under paragraph (1) based on the
applicability and relevance of the research and development
to the national security and economic competitiveness of the
United States; and
``(4) ensuring that initiatives impacting Federally funded
research grant making policy and management to protect the
national and economic security interests of the United States
are integrated with the activities of the Council.
``(b) Inclusions.--The responsibility of the head of an
Executive agency for assessing Federal research security risk
described in subsection (a) includes--
``(1) developing an overall Federal research security risk
management strategy and implementation plan and policies and
processes to guide and govern Federal research security risk
management activities by the Executive agency;
``(2) integrating Federal research security risk management
practices throughout the lifecycle of the grant programs of
the Executive agency;
``(3) sharing relevant information with other Executive
agencies, as determined appropriate by the Council in a
manner consistent with section 7903; and
``(4) reporting on the effectiveness of the Federal
research security risk management strategy of the Executive
agency consistent with guidance issued by the Office of
Management and Budget and the Council.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of title 31, United States Code, is amended by
inserting after the item relating to chapter 77 the
following:
``79. Federal Research Security Council....................7901.''.....
SEC. 4494. FEDERAL GRANT APPLICATION FRAUD.
(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1041. Federal grant application fraud
``(a) Definitions.--In this section:
``(1) Federal agency.--The term `Federal agency' has the
meaning given the term `agency' in section 551 of title 5,
United States Code.
``(2) Federal grant.--The term `Federal grant'--
``(A) means a grant awarded by a Federal agency;
``(B) includes a subgrant awarded by a non-Federal entity
to carry out a Federal grant program; and
``(C) does not include--
[[Page S7839]]
``(i) direct United States Government cash assistance to an
individual;
``(ii) a subsidy;
``(iii) a loan;
``(iv) a loan guarantee; or
``(v) insurance.
``(3) Federal grant application.--The term `Federal grant
application' means an application for a Federal grant.
``(4) Foreign compensation.--The term `foreign
compensation' means a title, monetary compensation, access to
a laboratory or other resource, or other benefit received
from--
``(A) a foreign government;
``(B) a foreign government institution; or
``(C) a foreign public enterprise.
``(5) Foreign government.--The term `foreign government'
includes a person acting or purporting to act on behalf of--
``(A) a faction, party, department, agency, bureau,
subnational administrative entity, or military of a foreign
country; or
``(B) a foreign government or a person purporting to act as
a foreign government, regardless of whether the United States
recognizes the government.
``(6) Foreign government institution.--The term `foreign
government institution' means a foreign entity owned by,
subject to the control of, or subject to regulation by a
foreign government.
``(7) Foreign public enterprise.--The term `foreign public
enterprise' means an enterprise over which a foreign
government directly or indirectly exercises a dominant
influence.
``(8) Law enforcement agency.--The term `law enforcement
agency'--
``(A) means a Federal, State, local, or Tribal law
enforcement agency; and
``(B) includes--
``(i) the Office of Inspector General of an establishment
(as defined in section 12 of the Inspector General Act of
1978 (5 U.S.C. App.)) or a designated Federal entity (as
defined in section 8G(a) of the Inspector General Act of 1978
(5 U.S.C. App.)); and
``(ii) the Office of Inspector General, or similar office,
of a State or unit of local government.
``(9) Outside compensation.--The term `outside
compensation' means any compensation, resource, or support
(regardless of monetary value) made available to the
applicant in support of, or related to, any research
endeavor, including a title, research grant, cooperative
agreement, contract, institutional award, access to a
laboratory, or other resource, including materials, travel
compensation, or work incentives.
``(b) Prohibition.--It shall be unlawful for any individual
to knowingly--
``(1) prepare or submit a Federal grant application that
fails to disclose the receipt of any outside compensation,
including foreign compensation, by the individual;
``(2) forge, counterfeit, or otherwise falsify a document
for the purpose of obtaining a Federal grant; or
``(3) prepare, submit, or assist in the preparation or
submission of a Federal grant application or document in
connection with a Federal grant application that--
``(A) contains a false statement;
``(B) contains a material misrepresentation;
``(C) has no basis in law or fact; or
``(D) fails to disclose a material fact.
``(c) Exception.--Subsection (b) does not apply to an
activity--
``(1) carried out in connection with a lawfully authorized
investigative, protective, or intelligence activity of--
``(A) a law enforcement agency; or
``(B) a Federal intelligence agency; or
``(2) authorized under chapter 224.
``(d) Penalty.--Any individual who violates subsection
(b)--
``(1) shall be fined in accordance with this title,
imprisoned for not more than 5 years, or both; and
``(2) shall be prohibited from receiving a Federal grant
during the 5-year period beginning on the date on which a
sentence is imposed on the individual under paragraph (1).''.
(b) Clerical Amendment.--The analysis for chapter 47 of
title 18, United States Code, is amended by adding at the end
the following:
``1041. Federal grant application fraud.''.
SEC. 4495. RESTRICTING THE ACQUISITION OF EMERGING
TECHNOLOGIES BY CERTAIN ALIENS.
(a) Grounds of Inadmissibility.--The Secretary of State may
determine that an alien is inadmissible if the Secretary
determines such alien is seeking to enter the United States
to knowingly acquire sensitive or emerging technologies to
undermine national security interests of the United States by
benefitting an adversarial foreign government's security or
strategic capabilities.
(b) Relevant Factors.--To determine if an alien is
inadmissible under subsection (a), the Secretary of State
shall--
(1) take account of information and analyses relevant to
implementing subsection (a) from the Office of the Director
of National Intelligence, the Department of Health and Human
Services, the Department of Defense, the Department of
Homeland Security, the Department of Energy, the Department
of Commerce, and other appropriate Federal agencies;
(2) take account of the continual expert assessments of
evolving sensitive or emerging technologies that foreign
adversaries are targeting;
(3) take account of relevant information concerning the
foreign person's employment or collaboration, to the extent
known, with--
(A) foreign military and security related organizations
that are adversarial to the United States;
(B) foreign institutions involved in the theft of United
States research;
(C) entities involved in export control violations or the
theft of intellectual property;
(D) a government that seeks to undermine the integrity and
security of the United States research community; or
(E) other associations or collaborations that pose a
national security threat based on intelligence assessments;
and
(4) weigh the proportionality of risks and the factors
listed in paragraphs (1) through (3).
(c) Reporting Requirement.--Not later than 180 days after
the date of the enactment of this Act, and semi-annually
thereafter until the sunset date set forth in subsection (e),
the Secretary of State, in coordination with the Director of
National Intelligence, the Director of the Office of Science
and Technology Policy, the Secretary of Homeland Security,
the Secretary of Defense, the Secretary of Energy, the
Secretary of Commerce, and the heads of other appropriate
Federal agencies, shall submit a report to the Committee on
the Judiciary of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on the
Judiciary of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Oversight and Reform of the House of
Representatives that identifies--
(1) any criteria, if relevant used to describe the aliens
to which the grounds of inadmissibility described in
subsection (a) may apply;
(2) the number of individuals determined to be inadmissible
under subsection (a), including the nationality of each such
individual and the reasons for each determination of
inadmissibility; and
(3) the number of days from the date of the consular
interview until a final decision is issued for each
application for a visa considered under this section, listed
by applicants' country of citizenship and relevant consulate.
(d) Classification of Report.--Each report required under
subsection (c) shall be submitted, to the extent practicable,
in an unclassified form, but may be accompanied by a
classified annex.
(e) Sunset.--This section shall cease to be effective on
the date that is 2 years after the date of the enactment of
this Act.
SEC. 4496. MACHINE READABLE VISA DOCUMENTS.
(a) Machine-readable Documents.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of
State shall--
(1) use a machine-readable visa application form; and
(2) make available documents submitted in support of a visa
application in a machine readable format to assist in--
(A) identifying fraud;
(B) conducting lawful law enforcement activities; and
(C) determining the eligibility of applicants for a visa
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(b) Waiver.--The Secretary of State may waive the
requirement under subsection (a) by providing to Congress,
not later than 30 days before such waiver takes effect--
(1) a detailed explanation for why the waiver is being
issued; and
(2) a timeframe for the implementation of the requirement
under subsection (a).
(c) Report.--Not later than 45 days after date of the
enactment of this Act, the Secretary of State shall submit a
report to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Commerce, Science,
and Transportation of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign
Relations of the Senate; the Committee on Oversight and
Reform of the House of Representatives, the Committee on
Homeland Security of the House of Representatives, the
Committee on Energy and Commerce of the House of
Representatives, the Permanent Select Committee on
Intelligence of the House of Representatives, and the
Committee on Foreign Affairs of the House of Representatives
that--
(1) describes how supplementary documents provided by a
visa applicant in support of a visa application are stored
and shared by the Department of State with authorized Federal
agencies;
(2) identifies the sections of a visa application that are
machine-readable and the sections that are not machine-
readable;
(3) provides cost estimates, including personnel costs and
a cost-benefit analysis for adopting different technologies,
including optical character recognition, for--
(A) making every element of a visa application, and
documents submitted in support of a visa application,
machine-readable; and
(B) ensuring that such system--
(i) protects personally-identifiable information; and
(ii) permits the sharing of visa information with Federal
agencies in accordance with existing law; and
(4) includes an estimated timeline for completing the
implementation of subsection (a).
[[Page S7840]]
SEC. 4497. CERTIFICATIONS REGARDING ACCESS TO EXPORT
CONTROLLED TECHNOLOGY IN EDUCATIONAL AND
CULTURAL EXCHANGE PROGRAMS.
Section 102(b)(5) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2452(b)(5)) is amended to
read as follows:
``(5) promoting and supporting medical, scientific,
cultural, and educational research and development by
developing exchange programs for foreign researchers and
scientists, while protecting technologies regulated by export
control laws important to the national security and economic
interests of the United States, by requiring--
``(A) the sponsor to certify to the Department of State
that the sponsor, after reviewing all regulations related to
the Export Controls Act of 2018 (50 U.S.C. 4811 et seq.) and
the Arms Export Control Act (22 U.S.C. 2751 et seq.), has
determined that--
``(i) a license is not required from the Department of
Commerce or the Department of State to release such
technology or technical data to the exchange visitor; or
``(ii)(I) a license is required from the Department of
Commerce or the Department of State to release such
technology or technical data to the exchange visitor; and
``(II) the sponsor will prevent access to the controlled
technology or technical data by the exchange visitor until
the sponsor--
``(aa) has received the required license or other
authorization to release it to the visitor; and
``(bb) has provided a copy of such license or authorization
to the Department of State; and
``(B) if the sponsor maintains export controlled technology
or technical data, the sponsor to submit to the Department of
State the sponsor's plan to prevent unauthorized export or
transfer of any controlled items, materials, information, or
technology at the sponsor organization or entities associated
with a sponsor's administration of the exchange visitor
program.''.
SEC. 4498. PRIVACY AND CONFIDENTIALITY.
Nothing in this subtitle may be construed as affecting the
rights and requirements provided in section 552a of title 5,
United States Code (commonly known as the ``Privacy Act of
1974'') or subchapter III of chapter 35 of title 44, United
States Code (commonly known as the ``Confidential Information
Protection and Statistical Efficiency Act of 2018'').
______
SA 4292. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--SECURING AMERICA'S FUTURE
SEC. 4001. SHORT TITLE; TABLE OF CONTENTS.
This division may be cited as the ``Securing America's
Future Act''.
TITLE I--ADVANCING AMERICAN AI
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the ``Advancing American AI
Act''.
SEC. 4202. PURPOSE.
The purposes of this subtitle are to--
(1) encourage agency artificial intelligence-related
programs and initiatives that enhance the competitiveness of
the United States and foster an approach to artificial
intelligence that builds on the strengths of the United
States in innovation and entrepreneurialism;
(2) enhance the ability of the Federal Government to
translate research advances into artificial intelligence
applications to modernize systems and assist agency leaders
in fulfilling their missions;
(3) promote adoption of modernized business practices and
advanced technologies across the Federal Government that
align with the values of the United States, including the
protection of privacy, civil rights, and civil liberties; and
(4) test and harness applied artificial intelligence to
enhance mission effectiveness and business practice
efficiency.
SEC. 4203. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Oversight and Reform of the House of
Representatives.
(3) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section
238(g) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C. 2358 note).
(4) Artificial intelligence system.--The term ``artificial
intelligence system''--
(A) means any data system, software, application, tool, or
utility that operates in whole or in part using dynamic or
static machine learning algorithms or other forms of
artificial intelligence, whether--
(i) the data system, software, application, tool, or
utility is established primarily for the purpose of
researching, developing, or implementing artificial
intelligence technology; or
(ii) artificial intelligence capability is integrated into
another system or agency business process, operational
activity, or technology system; and
(B) does not include any common commercial product within
which artificial intelligence is embedded, such as a word
processor or map navigation system.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
SEC. 4204. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL
INTELLIGENCE IN GOVERNMENT.
(a) Guidance.--The Director shall, when developing the
guidance required under section 104(a) of the AI in
Government Act of 2020 (title I of division U of Public Law
116-260), consider--
(1) the considerations and recommended practices identified
by the National Security Commission on Artificial
Intelligence in the report entitled ``Key Considerations for
the Responsible Development and Fielding of AI'', as updated
in April 2021;
(2) the principles articulated in Executive Order 13960 (85
Fed. Reg. 78939; relating to promoting the use of trustworthy
artificial intelligence in Government); and
(3) the input of--
(A) the Privacy and Civil Liberties Oversight Board;
(B) relevant interagency councils, such as the Federal
Privacy Council, the Chief Information Officers Council, and
the Chief Data Officers Council;
(C) other governmental and nongovernmental privacy, civil
rights, and civil liberties experts; and
(D) any other individual or entity the Director determines
to be appropriate.
(b) Department Policies and Processes for Procurement and
Use of Artificial Intelligence-enabled Systems.--Not later
than 180 days after the date of enactment of this Act--
(1) the Secretary of Homeland Security, with the
participation of the Chief Procurement Officer, the Chief
Information Officer, the Chief Privacy Officer, and the
Officer for Civil Rights and Civil Liberties of the
Department and any other person determined to be relevant by
the Secretary of Homeland Security, shall issue policies and
procedures for the Department related to--
(A) the acquisition and use of artificial intelligence; and
(B) considerations for the risks and impacts related to
artificial intelligence-enabled systems, including associated
data of machine learning systems, to ensure that full
consideration is given to--
(i) the privacy, civil rights, and civil liberties impacts
of artificial intelligence-enabled systems; and
(ii) security against misuse, degradation, or rending
inoperable of artificial intelligence-enabled systems; and
(2) the Chief Privacy Officer and the Officer for Civil
Rights and Civil Liberties of the Department shall report to
Congress on any additional staffing or funding resources that
may be required to carry out the requirements of this
subsection.
(c) Inspector General.--Not later than 180 days after the
date of enactment of this Act, the Inspector General of the
Department shall identify any training and investments needed
to enable employees of the Office of the Inspector General to
continually advance their understanding of--
(1) artificial intelligence systems;
(2) best practices for governance, oversight, and audits of
the use of artificial intelligence systems; and
(3) how the Office of the Inspector General is using
artificial intelligence to enhance audit and investigative
capabilities, including actions to--
(A) ensure the integrity of audit and investigative
results; and
(B) guard against bias in the selection and conduct of
audits and investigations.
(d) Artificial Intelligence Hygiene and Protection of
Government Information, Privacy, Civil Rights, and Civil
Liberties.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director, in consultation with a
working group consisting of members selected by the Director
from appropriate interagency councils, shall develop an
initial means by which to--
(A) ensure that contracts for the acquisition of an
artificial intelligence system or service--
(i) align with the guidance issued to the head of each
agency under section 104(a) of the AI in Government Act of
2020 (title I of division U of Public Law 116-260);
(ii) address protection of privacy, civil rights, and civil
liberties;
(iii) address the ownership and security of data and other
information created, used, processed, stored, maintained,
disseminated, disclosed, or disposed of by a contractor or
subcontractor on behalf of the Federal Government; and
(iv) include considerations for securing the training data,
algorithms, and other components of any artificial
intelligence system against misuse, unauthorized alteration,
degradation, or rendering inoperable; and
[[Page S7841]]
(B) address any other issue or concern determined to be
relevant by the Director to ensure appropriate use and
protection of privacy and Government data and other
information.
(2) Consultation.--In developing the considerations under
paragraph (1)(A)(iv), the Director shall consult with the
Secretary of Homeland Security, the Director of the National
Institute of Standards and Technology, and the Director of
National Intelligence.
(3) Review.--The Director--
(A) should continuously update the means developed under
paragraph (1); and
(B) not later than 2 years after the date of enactment of
this Act and not less frequently than every 2 years
thereafter, shall update the means developed under paragraph
(1).
(4) Briefing.--The Director shall brief the appropriate
congressional committees--
(A) not later than 90 days after the date of enactment of
this Act and thereafter on a quarterly basis until the
Director first implements the means developed under paragraph
(1); and
(B) annually thereafter on the implementation of this
subsection.
(5) Sunset.--This subsection shall cease to be effective on
the date that is 5 years after the date of enactment of this
Act.
SEC. 4205. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE
CASES.
(a) Inventory.--Not later than 60 days after the date of
enactment of this Act, and continuously thereafter for a
period of 5 years, the Director, in consultation with the
Chief Information Officers Council, the Chief Data Officers
Council, and other interagency bodies as determined to be
appropriate by the Director, shall require the head of each
agency to--
(1) prepare and maintain an inventory of the artificial
intelligence use cases of the agency, including current and
planned uses;
(2) share agency inventories with other agencies, to the
extent practicable and consistent with applicable law and
policy, including those concerning protection of privacy and
of sensitive law enforcement, national security, and other
protected information; and
(3) make agency inventories available to the public, in a
manner determined by the Director, and to the extent
practicable and in accordance with applicable law and policy,
including those concerning the protection of privacy and of
sensitive law enforcement, national security, and other
protected information.
(b) Central Inventory.--The Director is encouraged to
designate a host entity and ensure the creation and
maintenance of an online public directory to--
(1) make agency artificial intelligence use case
information available to the public and those wishing to do
business with the Federal Government; and
(2) identify common use cases across agencies.
(c) Sharing.--The sharing of agency inventories described
in subsection (a)(2) may be coordinated through the Chief
Information Officers Council, the Chief Data Officers
Council, the Chief Financial Officers Council, the Chief
Acquisition Officers Council, or other interagency bodies to
improve interagency coordination and information sharing for
common use cases.
SEC. 4206. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED
ARTIFICIAL INTELLIGENCE CAPABILITIES TO
DEMONSTRATE MODERNIZATION ACTIVITIES RELATED TO
USE CASES.
(a) Identification of Use Cases.--Not later than 270 days
after the date of enactment of this Act, the Director, in
consultation with the Chief Information Officers Council, the
Chief Data Officers Council, and other interagency bodies as
determined to be appropriate by the Director, shall identify
4 new use cases for the application of artificial
intelligence-enabled systems to support interagency or intra-
agency modernization initiatives that require linking
multiple siloed internal and external data sources,
consistent with applicable laws and policies, including those
relating to the protection of privacy and of sensitive law
enforcement, national security, and other protected
information.
(b) Pilot Program.--
(1) Purposes.--The purposes of the pilot program under this
subsection include--
(A) to enable agencies to operate across organizational
boundaries, coordinating between existing established
programs and silos to improve delivery of the agency mission;
and
(B) to demonstrate the circumstances under which artificial
intelligence can be used to modernize or assist in
modernizing legacy agency systems.
(2) Deployment and pilot.--Not later than 1 year after the
date of enactment of this Act, the Director, in coordination
with the heads of relevant agencies and other officials as
the Director determines to be appropriate, shall ensure the
initiation of the piloting of the 4 new artificial
intelligence use case applications identified under
subsection (a), leveraging commercially available
technologies and systems to demonstrate scalable artificial
intelligence-enabled capabilities to support the use cases
identified under subsection (a).
(3) Risk evaluation and mitigation plan.--In carrying out
paragraph (2), the Director shall require the heads of
agencies to--
(A) evaluate risks in utilizing artificial intelligence
systems; and
(B) develop a risk mitigation plan to address those risks,
including consideration of--
(i) the artificial intelligence system not performing as
expected;
(ii) the lack of sufficient or quality training data; and
(iii) the vulnerability of a utilized artificial
intelligence system to unauthorized manipulation or misuse.
(4) Prioritization.--In carrying out paragraph (2), the
Director shall prioritize modernization projects that--
(A) would benefit from commercially available privacy-
preserving techniques, such as use of differential privacy,
federated learning, and secure multiparty computing; and
(B) otherwise take into account considerations of civil
rights and civil liberties.
(5) Use case modernization application areas.--Use case
modernization application areas described in paragraph (2)
shall include not less than 1 from each of the following
categories:
(A) Applied artificial intelligence to drive agency
productivity efficiencies in predictive supply chain and
logistics, such as--
(i) predictive food demand and optimized supply;
(ii) predictive medical supplies and equipment demand and
optimized supply; or
(iii) predictive logistics to accelerate disaster
preparedness, response, and recovery.
(B) Applied artificial intelligence to accelerate agency
investment return and address mission-oriented challenges,
such as--
(i) applied artificial intelligence portfolio management
for agencies;
(ii) workforce development and upskilling;
(iii) redundant and laborious analyses;
(iv) determining compliance with Government requirements,
such as with grants management; or
(v) outcomes measurement to measure economic and social
benefits.
(6) Requirements.--Not later than 3 years after the date of
enactment of this Act, the Director, in coordination with the
heads of relevant agencies and other officials as the
Director determines to be appropriate, shall establish an
artificial intelligence capability within each of the 4 use
case pilots under this subsection that--
(A) solves data access and usability issues with automated
technology and eliminates or minimizes the need for manual
data cleansing and harmonization efforts;
(B) continuously and automatically ingests data and updates
domain models in near real-time to help identify new patterns
and predict trends, to the extent possible, to help agency
personnel to make better decisions and take faster actions;
(C) organizes data for meaningful data visualization and
analysis so the Government has predictive transparency for
situational awareness to improve use case outcomes;
(D) is rapidly configurable to support multiple
applications and automatically adapts to dynamic conditions
and evolving use case requirements, to the extent possible;
(E) enables knowledge transfer and collaboration across
agencies; and
(F) preserves intellectual property rights to the data and
output for benefit of the Federal Government and agencies.
(c) Briefing.--Not earlier than 270 days but not later than
1 year after the date of enactment of this Act, and annually
thereafter for 4 years, the Director shall brief the
appropriate congressional committees on the activities
carried out under this section and results of those
activities.
(d) Sunset.--The section shall cease to be effective on the
date that is 5 years after the date of enactment of this Act.
SEC. 4207. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.
(a) Innovative Commercial Items.--Section 880 of the
National Defense Authorization Act for Fiscal Year 2017 (41
U.S.C. 3301 note) is amended--
(1) in subsection (c), by striking $10,000,000'' and
inserting ``$25,000,000'';
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section--
``(1) the term `commercial product'--
``(A) has the meaning given the term `commercial item' in
section 2.101 of the Federal Acquisition Regulation; and
``(B) includes a commercial product or a commercial
service, as defined in sections 103 and 103a, respectively,
of title 41, United States Code; and
``(2) the term `innovative' means--
``(A) any new technology, process, or method, including
research and development; or
``(B) any new application of an existing technology,
process, or method.''; and
(3) in subsection (g), by striking ``2022'' and insert
``2027''.
(b) DHS Other Transaction Authority.--Section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``September 30, 2017'' and inserting ``September 30, 2024'';
and
(B) by amending paragraph (2) to read as follows:
``(2) Prototype projects.--The Secretary--
``(A) may, under the authority of paragraph (1), carry out
prototype projects under section 2371b of title 10, United
States Code; and
``(B) in applying the authorities of such section 2371b,
the Secretary shall perform the functions of the Secretary of
Defense as prescribed in such section.'';
[[Page S7842]]
(2) in subsection (c)(1), by striking ``September 30,
2017'' and inserting ``September 30, 2024''; and
(3) in subsection (d), by striking ``section 845(e)'' and
all that follows and inserting ``section 2371b(e) of title
10, United States Code.''.
(c) Commercial Off the Shelf Supply Chain Risk Management
Tools.--The General Services Administration is encouraged to
pilot commercial off the shelf supply chain risk management
tools to improve the ability of the Federal Government to
characterize, monitor, predict, and respond to specific
supply chain threats and vulnerabilities that could inhibit
future Federal acquisition operations.
TITLE II--PERSONNEL
Subtitle A--Facilitating Federal Employee Reskilling
SEC. 4301. SHORT TITLE.
This subtitle may be cited as the ``Facilitating Federal
Employee Reskilling Act''.
SEC. 4302. RESKILLING FEDERAL EMPLOYEES.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Oversight and Reform of the House of
Representatives.
(3) Competitive service.--The term ``competitive service''
has the meaning given the term in section 2102 of title 5,
United States Code.
(4) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(5) Employee.--The term ``employee'' means an employee
serving in a position in the competitive service or the
excepted service.
(6) Excepted service.--The term ``excepted service'' has
the meaning given the term in section 2103 of title 5, United
States Code.
(7) Federal reskilling program.--The term ``Federal
reskilling program'' means a program established by the head
of an agency or the Director to provide employees with the
technical skill or expertise that would qualify the employees
to serve in a different position in the competitive service
or the excepted service that requires such technical skill or
expertise.
(b) Requirements.--With respect to a Federal reskilling
program established by the head of an agency or by the
Director before, on, or after the date of enactment of this
Act, the agency head or the Director, as applicable, shall
ensure that the Federal reskilling program--
(1) is implemented in a manner that is in accordance with
the bar on prohibited personnel practices under section 2302
of title 5, United States Code, and consistent with the merit
system principles under section 2301 of title 5, United
States Code, including by using merit-based selection
procedures for participation by employees in the Federal
reskilling program;
(2) includes appropriate limitations or restrictions
associated with implementing the Federal reskilling program,
which shall be consistent with any regulations prescribed by
the Director under subsection (e);
(3) provides that any new position to which an employee who
participates in the Federal reskilling program is transferred
will utilize the technical skill or expertise that the
employee acquired by participating in the Federal reskilling
program;
(4) includes the option for an employee participating in
the Federal reskilling program to return to the original
position of the employee, or a similar position, particularly
if the employee is unsuccessful in the position to which the
employee transfers after completing the Federal reskilling
program;
(5) provides that an employee who successfully completes
the Federal reskilling program and transfers to a position
that requires the technical skill or expertise provided
through the Federal reskilling program shall be entitled to
have the grade of the position held immediately before the
transfer in a manner in accordance with section 5362 of title
5, United States Code;
(6) provides that an employee serving in a position in the
excepted service may not transfer to a position in the
competitive service solely by reason of the completion of the
Federal reskilling program by the employee; and
(7) includes a mechanism to track outcomes of the Federal
reskilling program in accordance with the metrics established
under subsection (c).
(c) Reporting and Metrics.--Not later than 1 year after the
date of enactment of this Act, the Director shall establish
reporting requirements for, and standardized metrics and
procedures for agencies to track outcomes of, Federal
reskilling programs, which shall include, with respect to
each Federal reskilling program--
(1) providing a summary of the Federal reskilling program;
(2) collecting and reporting demographic and employment
data with respect to employees who have applied for,
participated in, or completed the Federal reskilling program;
(3) attrition of employees who have completed the Federal
reskilling program; and
(4) any other measures or outcomes that the Director
determines to be relevant.
(d) GAO Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a comprehensive study of, and submit to
Congress a report on, Federal reskilling programs that
includes--
(1) a summary of each Federal reskilling program and
methods by which each Federal reskilling program recruits,
selects, and retrains employees;
(2) an analysis of the accessibility of each Federal
reskilling program for a diverse set of candidates;
(3) an evaluation of the effectiveness, costs, and benefits
of the Federal reskilling programs; and
(4) recommendations to improve Federal reskilling programs
to accomplish the goal of reskilling the Federal workforce.
(e) Regulations.--The Director--
(1) not later than 1 year after the date of enactment of
this Act, shall prescribe regulations for the reporting
requirements and metrics and procedures under subsection (c);
(2) may prescribe additional regulations, as the Director
determines necessary, to provide for requirements with
respect to, and the implementation of, Federal reskilling
programs; and
(3) with respect to any regulation prescribed under this
subsection, shall brief the appropriate committees of
Congress with respect to the regulation not later than 30
days before the date on which the final version of the
regulation is published.
(f) Rule of Construction.--Nothing in this section may be
construed to require the head of an agency or the Director to
establish a Federal reskilling program.
(g) Use of Funds.--Any Federal reskilling program
established by the head of an agency or the Director shall be
carried out using amounts otherwise made available to that
agency head or the Director, as applicable.
Subtitle B--Federal Rotational Cyber Workforce Program
SEC. 4351. SHORT TITLE.
This subtitle may be cited as the ``Federal Rotational
Cyber Workforce Program Act of 2021''.
SEC. 4352. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code, except that the term does not include the
Government Accountability Office.
(2) Competitive service.--The term ``competitive service''
has the meaning given that term in section 2102 of title 5,
United States Code.
(3) Councils.--The term ``Councils'' means--
(A) the Chief Human Capital Officers Council established
under section 1303 of the Chief Human Capital Officers Act of
2002 (5 U.S.C. 1401 note); and
(B) the Chief Information Officers Council established
under section 3603 of title 44, United States Code.
(4) Cyber workforce position.--The term ``cyber workforce
position'' means a position identified as having information
technology, cybersecurity, or other cyber-related functions
under section 303 of the Federal Cybersecurity Workforce
Assessment Act of 2015 (5 U.S.C. 301 note).
(5) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(6) Employee.--The term ``employee'' has the meaning given
the term in section 2105 of title 5, United States Code.
(7) Employing agency.--The term ``employing agency'' means
the agency from which an employee is detailed to a rotational
cyber workforce position.
(8) Excepted service.--The term ``excepted service'' has
the meaning given that term in section 2103 of title 5,
United States Code.
(9) Rotational cyber workforce position.--The term
``rotational cyber workforce position'' means a cyber
workforce position with respect to which a determination has
been made under section 4353(a)(1).
(10) Rotational cyber workforce program.--The term
``rotational cyber workforce program'' means the program for
the detail of employees among rotational cyber workforce
positions at agencies.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 4353. ROTATIONAL CYBER WORKFORCE POSITIONS.
(a) Determination With Respect to Rotational Service.--
(1) In general.--The head of each agency may determine that
a cyber workforce position in that agency is eligible for the
rotational cyber workforce program, which shall not be
construed to modify the requirement under section 4354(b)(3)
that participation in the rotational cyber workforce program
by an employee shall be voluntary.
(2) Notice provided.--The head of an agency shall submit to
the Director--
(A) notice regarding any determination made by the head of
the agency under paragraph (1); and
(B) for each position with respect to which the head of the
agency makes a determination under paragraph (1), the
information required under subsection (b)(1).
(b) Preparation of List.--The Director, with assistance
from the Councils and the Secretary, shall develop a list of
rotational cyber workforce positions that--
(1) with respect to each such position, to the extent that
the information does not disclose sensitive national security
information, includes--
[[Page S7843]]
(A) the title of the position;
(B) the occupational series with respect to the position;
(C) the grade level or work level with respect to the
position;
(D) the agency in which the position is located;
(E) the duty location with respect to the position; and
(F) the major duties and functions of the position; and
(2) shall be used to support the rotational cyber workforce
program.
(c) Distribution of List.--Not less frequently than
annually, the Director shall distribute an updated list
developed under subsection (b) to the head of each agency and
other appropriate entities.
SEC. 4354. ROTATIONAL CYBER WORKFORCE PROGRAM.
(a) Operation Plan.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, and in consultation with the Councils,
the Secretary, representatives of other agencies, and any
other entity as the Director determines appropriate, the
Director shall develop and issue a Federal Rotational Cyber
Workforce Program operation plan providing policies,
processes, and procedures for a program for the detailing of
employees among rotational cyber workforce positions at
agencies, which may be incorporated into and implemented
through mechanisms in existence on the date of enactment of
this Act.
(2) Updating.--The Director may, in consultation with the
Councils, the Secretary, and other entities as the Director
determines appropriate, periodically update the operation
plan developed and issued under paragraph (1).
(b) Requirements.--The operation plan developed and issued
under subsection (a) shall, at a minimum--
(1) identify agencies for participation in the rotational
cyber workforce program;
(2) establish procedures for the rotational cyber workforce
program, including--
(A) any training, education, or career development
requirements associated with participation in the rotational
cyber workforce program;
(B) any prerequisites or requirements for participation in
the rotational cyber workforce program; and
(C) appropriate rotational cyber workforce program
performance measures, reporting requirements, employee exit
surveys, and other accountability devices for the evaluation
of the program;
(3) provide that participation in the rotational cyber
workforce program by an employee shall be voluntary;
(4) provide that an employee shall be eligible to
participate in the rotational cyber workforce program if the
head of the employing agency of the employee, or a designee
of the head of the employing agency of the employee, approves
of the participation of the employee;
(5) provide that the detail of an employee to a rotational
cyber workforce position under the rotational cyber workforce
program shall be on a nonreimbursable basis;
(6) provide that agencies may agree to partner to ensure
that the employing agency of an employee who participates in
the rotational cyber workforce program is able to fill the
position vacated by the employee;
(7) require that an employee detailed to a rotational cyber
workforce position under the rotational cyber workforce
program, upon the end of the period of service with respect
to the detail, shall be entitled to return to the position
held by the employee, or an equivalent position, in the
employing agency of the employee without loss of pay,
seniority, or other rights or benefits to which the employee
would have been entitled had the employee not been detailed;
(8) provide that discretion with respect to the assignment
of an employee under the rotational cyber workforce program
shall remain with the employing agency of the employee;
(9) require that an employee detailed to a rotational cyber
workforce position under the rotational cyber workforce
program in an agency that is not the employing agency of the
employee shall have all the rights that would be available to
the employee if the employee were detailed under a provision
of law other than this subtitle from the employing agency to
the agency in which the rotational cyber workforce position
is located;
(10) provide that participation by an employee in the
rotational cyber workforce program shall not constitute a
change in the conditions of the employment of the employee;
and
(11) provide that an employee participating in the
rotational cyber workforce program shall receive performance
evaluations relating to service in the rotational cyber
workforce program in a participating agency that are--
(A) prepared by an appropriate officer, supervisor, or
management official of the employing agency, acting in
coordination with the supervisor at the agency in which the
employee is performing service in the rotational cyber
workforce position;
(B) based on objectives identified in the operation plan
with respect to the employee; and
(C) based in whole or in part on the contribution of the
employee to the agency in which the employee performed such
service, as communicated from that agency to the employing
agency of the employee.
(c) Program Requirements for Rotational Service.--
(1) In general.--An employee serving in a cyber workforce
position in an agency may, with the approval of the head of
the agency, submit an application for detail to a rotational
cyber workforce position that appears on the list developed
under section 4353(b).
(2) OPM approval for certain positions.--An employee
serving in a position in the excepted service may only be
selected for a rotational cyber workforce position that is in
the competitive service with the prior approval of the Office
of Personnel Management, in accordance with section 300.301
of title 5, Code of Federal Regulations, or any successor
thereto.
(3) Selection and term.--
(A) Selection.--The head of an agency shall select an
employee for a rotational cyber workforce position under the
rotational cyber workforce program in a manner that is
consistent with the merit system principles under section
2301(b) of title 5, United States Code.
(B) Term.--Except as provided in subparagraph (C), and
notwithstanding section 3341(b) of title 5, United States
Code, a detail to a rotational cyber workforce position shall
be for a period of not less than 180 days and not more than 1
year.
(C) Extension.--The Chief Human Capital Officer of the
agency to which an employee is detailed under the rotational
cyber workforce program may extend the period of a detail
described in subparagraph (B) for a period of 60 days unless
the Chief Human Capital Officer of the employing agency of
the employee objects to that extension.
(4) Written service agreements.--
(A) In general.--The detail of an employee to a rotational
cyber workforce position shall be contingent upon the
employee entering into a written service agreement with the
employing agency under which the employee is required to
complete a period of employment with the employing agency
following the conclusion of the detail that is equal in
length to the period of the detail.
(B) Other agreements and obligations.--A written service
agreement under subparagraph (A) shall not supersede or
modify the terms or conditions of any other service agreement
entered into by the employee under any other authority or
relieve the obligations between the employee and the
employing agency under such a service agreement. Nothing in
this subparagraph prevents an employing agency from
terminating a service agreement entered into under any other
authority under the terms of such agreement or as required by
law or regulation.
SEC. 4355. REPORTING BY GAO.
Not later than the end of the third fiscal year after the
fiscal year in which the operation plan under section 4354(a)
is issued, the Comptroller General of the United States shall
submit to Congress a report assessing the operation and
effectiveness of the rotational cyber workforce program,
which shall address, at a minimum--
(1) the extent to which agencies have participated in the
rotational cyber workforce program, including whether the
head of each such participating agency has--
(A) identified positions within the agency that are
rotational cyber workforce positions;
(B) had employees from other participating agencies serve
in positions described in subparagraph (A); and
(C) had employees of the agency request to serve in
rotational cyber workforce positions under the rotational
cyber workforce program in participating agencies, including
a description of how many such requests were approved; and
(2) the experiences of employees serving in rotational
cyber workforce positions under the rotational cyber
workforce program, including an assessment of--
(A) the period of service;
(B) the positions (including grade level and occupational
series or work level) held by employees before completing
service in a rotational cyber workforce position under the
rotational cyber workforce program;
(C) the extent to which each employee who completed service
in a rotational cyber workforce position under the rotational
cyber workforce program achieved a higher skill level, or
attained a skill level in a different area, with respect to
information technology, cybersecurity, or other cyber-related
functions; and
(D) the extent to which service in rotational cyber
workforce positions has affected intra-agency and interagency
integration and coordination of cyber practices, functions,
and personnel management.
SEC. 4356. SUNSET.
Effective 5 years after the date of enactment of this Act,
this subtitle is repealed.
TITLE IV--OTHER MATTERS
Subtitle A--Ensuring Security of Unmanned Aircraft Systems
SEC. 4401. SHORT TITLE.
This subtitle may be cited as the ``American Security Drone
Act of 2021''.
SEC. 4402. DEFINITIONS.
In this subtitle:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council. This
list will include entities in the following categories:
(A) An entity included on the Consolidated Screening List.
[[Page S7844]]
(B) Any entity that is subject to extrajudicial direction
from a foreign government, as determined by the Secretary of
Homeland Security.
(C) Any entity the Secretary of Homeland Security, in
coordination with the Director of National Intelligence and
the Secretary of Defense, determines poses a national
security risk.
(D) Any entity domiciled in the People's Republic of China
or subject to influence or control by the Government of the
People's Republic of China or the Communist Party of the
People's Republic of China, as determined by the Secretary of
Homeland Security.
(E) Any subsidiary or affiliate of an entity described in
subparagraphs (A) through (D).
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' has the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
SEC. 4403. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Except as provided under subsections (b)
though (f), the head of an executive agency may not procure
any covered unmanned aircraft system that are manufactured or
assembled by a covered foreign entity, which includes
associated elements (consisting of communication links and
the components that control the unmanned aircraft) that are
required for the operator to operate safely and efficiently
in the national airspace system. The Federal Acquisition
Security Council, in coordination with the Secretary of
Transportation, shall develop and update a list of associated
elements.
(b) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General are exempt
from the restriction under subsection (a) if the operation or
procurement--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence activities; or
(E) Federal criminal or national security investigations,
including forensic examinations; and
(2) is required in the national interest of the United
States.
(c) Federal Aviation Administration Center of Excellence
for Unmanned Aircraft Systems Exemption.--The Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under
subsection (a) if the operation or procurement is for the
sole purposes of research, evaluation, training, testing, or
analysis for the Federal Aviation Administration's Alliance
for System Safety of UAS through Research Excellence (ASSURE)
Center of Excellence (COE) for Unmanned Aircraft Systems.
(d) National Transportation Safety Board Exemption.--The
National Transportation Safety Board (NTSB), in consultation
with the Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of conducting
safety investigations.
(e) National Oceanic Atmospheric Administration
Exemption.--The Administrator of the National Oceanic
Atmospheric Administration (NOAA), in consultation with the
Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of marine or
atmospheric science or management.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
SEC. 4404. PROHIBITION ON OPERATION OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) Prohibition.--
(1) In general.--Beginning on the date that is 2 years
after the date of the enactment of this Act, no Federal
department or agency may operate a covered unmanned aircraft
system manufactured or assembled by a covered foreign entity.
(2) Applicability to contracted services.--The prohibition
under paragraph (1) applies to any covered unmanned aircraft
systems that are being used by any executive agency through
the method of contracting for the services of covered
unmanned aircraft systems.
(b) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General are exempt
from the restriction under subsection (a) if the operation or
procurement--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence activities; or
(E) Federal criminal or national security investigations,
including forensic examinations; and
(2) is required in the national interest of the United
States.
(c) Federal Aviation Administration Center of Excellence
for Unmanned Aircraft Systems Exemption.--The Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under
subsection (a) if the operation or procurement is for the
sole purposes of research, evaluation, training, testing, or
analysis for the Federal Aviation Administration's Alliance
for System Safety of UAE through Research Excellence (ASSURE)
Center of Excellence (COE) for Unmanned Aircraft Systems.
(d) National Transportation Safety Board Exemption.--The
National Transportation Safety Board (NTSB), in consultation
with the Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of conducting
safety investigations.
(e) National Oceanic Atmospheric Administration
Exemption.--The Administrator of the National Oceanic
Atmospheric Administration (NOAA), in consultation with the
Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of marine or
atmospheric science or management.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
(g) Regulations and Guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall prescribe regulations or guidance to
implement this section.
SEC. 4405. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES
AND OPERATION OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Beginning on the date that is 2 years
after the date of the enactment of this Act, except as
provided in subsection (b), no Federal funds awarded through
a contract, grant, or cooperative agreement, or otherwise
made available may be used--
(1) to purchase a covered unmanned aircraft system, or a
system to counter unmanned aircraft systems, that is
manufactured or assembled by a covered foreign entity; or
(2) in connection with the operation of such a drone or
unmanned aircraft system.
(b) Exemption.--A Federal department or agency is exempt
from the restriction under subsection (a) if--
(1) the contract, grant, or cooperative agreement was
awarded prior to the date of the enactment of this Act; or
(2) the operation or procurement is for the sole purposes
of research, evaluation, training, testing, or analysis, as
determined by the Secretary of Homeland Security, the
Secretary of Defense, or the Attorney General, for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence activities; or
(E) Federal criminal or national security investigations,
including forensic examinations; or
(F) the safe integration of UAS in the national airspace
(as determined in consultation with the Secretary of
Transportation); and
(3) is required in the national interest of the United
States.
(c) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
(d) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regulatory
Council shall prescribe regulations or guidance, as
necessary, to implement the requirements of this section
pertaining to Federal contracts.
SEC. 4406. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE
CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
Effective immediately, Government-issued Purchase Cards may
not be used to procure any covered unmanned aircraft system
from a covered foreign entity.
SEC. 4407. MANAGEMENT OF EXISTING INVENTORIES OF COVERED
UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN
ENTITIES.
(a) In General.--Effective immediately, all executive
agencies must account for existing inventories of covered
unmanned aircraft systems manufactured or assembled by a
covered foreign entity in their personal property accounting
systems, regardless of the original procurement cost, or the
purpose of procurement due to the special monitoring and
accounting measures necessary to track the items'
capabilities.
(b) Classified Tracking.--Due to the sensitive nature of
missions and operations conducted by the United States
Government, inventory data related to covered unmanned
aircraft systems manufactured or assembled by a covered
foreign entity may be tracked at a classified level.
[[Page S7845]]
(c) Exceptions.--The Department of Defense and Department
of Homeland Security may exclude from the full inventory
process, covered unmanned aircraft systems that are deemed
expendable due to mission risk such as recovery issues or
that are one-time-use covered unmanned aircraft due to
requirements and low cost.
SEC. 4408. COMPTROLLER GENERAL REPORT.
Not later than 275 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report on the amount of commercial off-
the-shelf drones and covered unmanned aircraft systems
procured by Federal departments and agencies from covered
foreign entities.
SEC. 4409. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED
AIRCRAFT SYSTEMS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in coordination with the Department of
Homeland Security, Department of Transportation, the
Department of Justice, and other Departments as determined by
the Director of the Office of Management and Budget, and in
consultation with the National Institute of Standards and
Technology, shall establish a government-wide policy for the
procurement of UAS--
(1) for non-Department of Defense and non-intelligence
community operations; and
(2) through grants and cooperative agreements entered into
with non-Federal entities.
(b) Information Security.--The policy developed under
subsection (a) shall include the following specifications,
which to the extent practicable, shall be based on industry
standards and technical guidance from the National Institute
of Standards and Technology, to address the risks associated
with processing, storing and transmitting Federal information
in a UAS:
(1) Protections to ensure controlled access of UAS.
(2) Protecting software, firmware, and hardware by ensuring
changes to UAS are properly managed, including by ensuring
UAS can be updated using a secure, controlled, and
configurable mechanism.
(3) Cryptographically securing sensitive collected, stored,
and transmitted data, including proper handling of privacy
data and other controlled unclassified information.
(4) Appropriate safeguards necessary to protect sensitive
information, including during and after use of UAS.
(5) Appropriate data security to ensure that data is not
transmitted to or stored in non-approved locations.
(6) The ability to opt out of the uploading, downloading,
or transmitting of data that is not required by law or
regulation and an ability to choose with whom and where
information is shared when it is required.
(c) Requirement.--The policy developed under subsection (a)
shall reflect an appropriate risk-based approach to
information security related to use of UAS.
(d) Revision of Acquisition Regulations.--Not later than
180 days after the date on which the policy required under
subsection (a) is issued--
(1) the Federal Acquisition Regulatory Council shall revise
the Federal Acquisition Regulation, as necessary, to
implement the policy; and
(2) any Federal department or agency or other Federal
entity not subject to, or not subject solely to, the Federal
Acquisition Regulation shall revise applicable policy,
guidance, or regulations, as necessary, to implement the
policy.
(e) Exemption.--In developing the policy required under
subsection (a), the Director of the Office of Management and
Budget shall incorporate an exemption to the policy for the
following reasons:
(1) In the case of procurement for the purposes of
training, testing, or analysis for--
(A) electronic warfare; or
(B) information warfare operations.
(2) In the case of researching UAS technology, including
testing, evaluation, research, or development of technology
to counter UAS.
(3) In the case of a head of the procuring department or
agency determining, in writing, that no product that complies
with the information security requirements described in
subsection (b) is capable of fulfilling mission critical
performance requirements, and such determination--
(A) may not be delegated below the level of the Deputy
Secretary of the procuring department or agency;
(B) shall specify--
(i) the quantity of end items to which the waiver applies,
the procurement value of which may not exceed $50,000 per
waiver; and
(ii) the time period over which the waiver applies, which
shall not exceed 3 years;
(C) shall be reported to the Office of Management and
Budget following issuance of such a determination; and
(D) not later than 30 days after the date on which the
determination is made, shall be provided to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Reform of the House of
Representatives.
SEC. 4410. STUDY.
(a) Independent Study.--Not later than 3 years after the
date of the enactment of this Act, the Director of the Office
of Management and Budget shall seek to enter into a contract
with a federally funded research and development center under
which the center will conduct a study of--
(1) the current and future unmanned aircraft system global
and domestic market;
(2) the ability of the unmanned aircraft system domestic
market to keep pace with technological advancements across
the industry;
(3) the ability of domestically made unmanned aircraft
systems to meet the network security and data protection
requirements of the national security enterprise;
(4) the extent to which unmanned aircraft system component
parts, such as the parts described in section 4403, are made
domestically; and
(5) an assessment of the economic impact, including cost,
of excluding the use of foreign-made UAS for use across the
Federal Government.
(b) Submission to OMB.--Upon completion of the study in
subsection (a), the federally funded research and development
center shall submit the study to the Director of the Office
of Management and Budget.
(c) Submission to Congress.--Not later than 30 days after
the date on which the Director of the Office of Management
and Budget receives the study under subsection (b), the
Director shall submit the study to--
(1) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Homeland Security and the Committee on
Oversight and Reform and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 4411. SUNSET.
Sections 4403, 4404, and 4405 shall cease to have effect on
the date that is 5 years after the date of the enactment of
this Act.
Subtitle B--No TikTok on Government Devices
SEC. 4431. SHORT TITLE.
This subtitle may be cited as the ``No TikTok on Government
Devices Act''.
SEC. 4432. PROHIBITION ON THE USE OF TIKTOK.
(a) Definitions.--In this section--
(1) the term ``covered application'' means the social
networking service TikTok or any successor application or
service developed or provided by ByteDance Limited or an
entity owned by ByteDance Limited;
(2) the term ``executive agency'' has the meaning given
that term in section 133 of title 41, United States Code; and
(3) the term ``information technology'' has the meaning
given that term in section 11101 of title 40, United States
Code.
(b) Prohibition on the Use of TikTok.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator
of General Services, the Director of the Cybersecurity and
Infrastructure Security Agency, the Director of National
Intelligence, and the Secretary of Defense, and consistent
with the information security requirements under subchapter
II of chapter 35 of title 44, United States Code, shall
develop standards and guidelines for executive agencies
requiring the removal of any covered application from
information technology.
(2) National security and research exceptions.--The
standards and guidelines developed under paragraph (1) shall
include--
(A) exceptions for law enforcement activities, national
security interests and activities, and security researchers;
and
(B) for any authorized use of a covered application under
an exception, requirements for executive agencies to develop
and document risk mitigation actions for such use.
Subtitle C--National Risk Management
SEC. 4461. SHORT TITLE.
This subtitle may be cited as the ``National Risk
Management Act of 2021''.
SEC. 4462. NATIONAL RISK MANAGEMENT CYCLE.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following:
``SEC. 2218. NATIONAL RISK MANAGEMENT CYCLE.
``(a) National Critical Functions Defined.--In this
section, the term `national critical functions' means the
functions of government and the private sector so vital to
the United States that their disruption, corruption, or
dysfunction would have a debilitating effect on security,
national economic security, national public health or safety,
or any combination thereof.
``(b) National Risk Management Cycle.--
``(1) Risk identification and assessment.--
``(A) In general.--The Secretary, acting through the
Director, shall establish a recurring process by which to
identify, assess, and prioritize risks to critical
infrastructure, considering both cyber and physical threats,
the associated likelihoods, vulnerabilities, and
consequences, and the resources necessary to address them.
``(B) Consultation.--In establishing the process required
under subparagraph (A), the Secretary shall consult with, and
request and collect information to support analysis from,
Sector Risk Management Agencies, critical infrastructure
owners and operators, the Assistant to the President for
National Security Affairs, the Assistant to the President for
Homeland Security, and the National Cyber Director.
``(C) Publication.--Not later than 180 days after the date
of enactment of this section,
[[Page S7846]]
the Secretary shall publish in the Federal Register
procedures for the process established under subparagraph
(A), subject to any redactions the Secretary determines are
necessary to protect classified or other sensitive
information.
``(D) Report.--The Secretary shall submit to the President,
the Committee on Homeland Security and Governmental Affairs
of the Senate, and the Committee on Homeland Security of the
House of Representatives a report on the risks identified by
the process established under subparagraph (A)--
``(i) not later than 1 year after the date of enactment of
this section; and
``(ii) not later than 1 year after the date on which the
Secretary submits a periodic evaluation described in section
9002(b)(2) of title XC of division H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
``(2) National critical infrastructure resilience
strategy.--
``(A) In general.--Not later than 1 year after the date on
which the Secretary delivers each report required under
paragraph (1), the President shall deliver to majority and
minority leaders of the Senate, the Speaker and minority
leader of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on Homeland Security of the House of
Representatives a national critical infrastructure resilience
strategy designed to address the risks identified by the
Secretary.
``(B) Elements.--Each strategy delivered under subparagraph
(A) shall--
``(i) identify, assess, and prioritize areas of risk to
critical infrastructure that would compromise or disrupt
national critical functions impacting national security,
economic security, or public health and safety;
``(ii) assess the implementation of the previous national
critical infrastructure resilience strategy, as applicable;
``(iii) identify and outline current and proposed national-
level actions, programs, and efforts to be taken to address
the risks identified;
``(iv) identify the Federal departments or agencies
responsible for leading each national-level action, program,
or effort and the relevant critical infrastructure sectors
for each; and
``(v) request any additional authorities necessary to
successfully execute the strategy.
``(C) Form.--Each strategy delivered under subparagraph (A)
shall be unclassified, but may contain a classified annex.
``(3) Congressional briefing.--Not later than 1 year after
the date on which the President delivers the first strategy
required under paragraph (2)(A), and every year thereafter,
the Secretary, in coordination with Sector Risk Management
Agencies, shall brief the appropriate congressional
committees on--
``(A) the national risk management cycle activities
undertaken pursuant to the strategy; and
``(B) the amounts and timeline for funding that the
Secretary has determined would be necessary to address risks
and successfully execute the full range of activities
proposed by the strategy.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 2217 the following:
``Sec. 2218. National risk management cycle.''.
Subtitle D--Safeguarding American Innovation
SEC. 4491. SHORT TITLE.
This subtitle may be cited as the ``Safeguarding American
Innovation Act''.
SEC. 4492. DEFINITIONS.
In this subtitle:
(1) Federal science agency.--The term ``Federal science
agency'' means any Federal department or agency to which more
than $100,000,000 in basic and applied research and
development funds were appropriated for the previous fiscal
year.
(2) Research and development.--
(A) In general.--The term ``research and development''
means all research activities, both basic and applied, and
all development activities.
(B) Development.--The term ``development'' means
experimental development.
(C) Experimental development.--The term ``experimental
development'' means creative and systematic work, drawing
upon knowledge gained from research and practical experience,
which--
(i) is directed toward the production of new products or
processes or improving existing products or processes; and
(ii) like research, will result in gaining additional
knowledge.
(D) Research.--The term ``research''--
(i) means a systematic study directed toward fuller
scientific knowledge or understanding of the subject studied;
and
(ii) includes activities involving the training of
individuals in research techniques if such activities--
(I) utilize the same facilities as other research and
development activities; and
(II) are not included in the instruction function.
SEC. 4493. FEDERAL RESEARCH SECURITY COUNCIL.
(a) In General.--Subtitle V of title 31, United States
Code, is amended by adding at the end the following:
``CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL
``Sec.
``7901. Definitions.
``7902. Federal Research Security Council establishment and membership.
``7903. Functions and authorities.
``7904. Strategic plan.
``7905. Annual report.
``7906. Requirements for Executive agencies.
``Sec. 7901. Definitions
``In this chapter:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Committee on Commerce, Science, and
Transportation of the Senate;
``(C) the Select Committee on Intelligence of the Senate;
``(D) the Committee on Foreign Relations of the Senate;
``(E) the Committee on Armed Services of the Senate;
``(F) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(G) the Committee on Oversight and Reform of the House of
Representatives;
``(H) the Committee on Homeland Security of the House of
Representatives;
``(I) the Committee on Energy and Commerce of the House of
Representatives;
``(J) the Permanent Select Committee on Intelligence of the
House of Representatives;
``(K) the Committee on Foreign Affairs of the House of
Representatives;
``(L) the Committee on Armed Services of the House of
Representatives; and
``(M) the Committee on Education and Labor of the House of
Representatives.
``(2) Council.--The term `Council' means the Federal
Research Security Council established under section 7902(a).
``(3) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(4) Federal research security risk.--The term `Federal
research security risk' means the risk posed by malign state
actors and other persons to the security and integrity of
research and development conducted using research and
development funds awarded by Executive agencies.
``(5) Insider.--The term `insider' means any person with
authorized access to any United States Government resource,
including personnel, facilities, information, research,
equipment, networks, or systems.
``(6) Insider threat.--The term `insider threat' means the
threat that an insider will use his or her authorized access
(wittingly or unwittingly) to harm the national and economic
security of the United States or negatively affect the
integrity of a Federal agency's normal processes, including
damaging the United States through espionage, sabotage,
terrorism, unauthorized disclosure of national security
information or nonpublic information, a destructive act
(which may include physical harm to another in the
workplace), or through the loss or degradation of
departmental resources, capabilities, and functions.
``(7) Research and development.--
``(A) In general.--The term `research and development'
means all research activities, both basic and applied, and
all development activities.
``(B) Development.--The term `development' means
experimental development.
``(C) Experimental development.--The term `experimental
development' means creative and systematic work, drawing upon
knowledge gained from research and practical experience,
which--
``(i) is directed toward the production of new products or
processes or improving existing products or processes; and
``(ii) like research, will result in gaining additional
knowledge.
``(D) Research.--The term `research'--
``(i) means a systematic study directed toward fuller
scientific knowledge or understanding of the subject studied;
and
``(ii) includes activities involving the training of
individuals in research techniques if such activities--
``(I) utilize the same facilities as other research and
development activities; and
``(II) are not included in the instruction function.
``(8) United states research community.--The term `United
States research community' means--
``(A) research and development centers of Executive
agencies;
``(B) private research and development centers in the
United States, including for profit and nonprofit research
institutes;
``(C) research and development centers at institutions of
higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)));
``(D) research and development centers of States, United
States territories, Indian tribes, and municipalities;
``(E) government-owned, contractor-operated United States
Government research and development centers; and
``(F) any person conducting federally funded research or
receiving Federal research grant funding.
``Sec. 7902. Federal Research Security Council establishment
and membership
``(a) Establishment.--There is established, in the Office
of Management and Budget, a Federal Research Security
Council, which
[[Page S7847]]
shall develop federally funded research and development grant
making policy and management guidance to protect the national
and economic security interests of the United States.
``(b) Membership.--
``(1) In general.--The following agencies shall be
represented on the Council:
``(A) The Office of Management and Budget.
``(B) The Office of Science and Technology Policy.
``(C) The Department of Defense.
``(D) The Department of Homeland Security.
``(E) The Office of the Director of National Intelligence.
``(F) The Department of Justice.
``(G) The Department of Energy.
``(H) The Department of Commerce.
``(I) The Department of Health and Human Services.
``(J) The Department of State.
``(K) The Department of Transportation.
``(L) The National Aeronautics and Space Administration.
``(M) The National Science Foundation.
``(N) The Department of Education.
``(O) The Small Business Administration.
``(P) The Council of Inspectors General on Integrity and
Efficiency.
``(Q) Other Executive agencies, as determined by the
Chairperson of the Council.
``(2) Lead representatives.--
``(A) Designation.--Not later than 45 days after the date
of the enactment of the Safeguarding American Innovation Act,
the head of each agency represented on the Council shall
designate a representative of that agency as the lead
representative of the agency on the Council.
``(B) Functions.--The lead representative of an agency
designated under subparagraph (A) shall ensure that
appropriate personnel, including leadership and subject
matter experts of the agency, are aware of the business of
the Council.
``(c) Chairperson.--
``(1) Designation.--Not later than 45 days after the date
of the enactment of the Safeguarding American Innovation Act,
the Director of the Office of Management and Budget shall
designate a senior level official from the Office of
Management and Budget to serve as the Chairperson of the
Council.
``(2) Functions.--The Chairperson shall perform functions
that include--
``(A) subject to subsection (d), developing a schedule for
meetings of the Council;
``(B) designating Executive agencies to be represented on
the Council under subsection (b)(1)(Q);
``(C) in consultation with the lead representative of each
agency represented on the Council, developing a charter for
the Council; and
``(D) not later than 7 days after completion of the
charter, submitting the charter to the appropriate
congressional committees.
``(3) Lead science advisor.--The Director of the Office of
Science and Technology Policy shall designate a senior level
official to be the lead science advisor to the Council for
purposes of this chapter.
``(4) Lead security advisor.--The Director of the National
Counterintelligence and Security Center shall designate a
senior level official from the National Counterintelligence
and Security Center to be the lead security advisor to the
Council for purposes of this chapter.
``(d) Meetings.--The Council shall meet not later than 60
days after the date of the enactment of the Safeguarding
American Innovation Act and not less frequently than
quarterly thereafter.
``Sec. 7903. Functions and authorities
``(a) Definitions.--In this section:
``(1) Implementing.--The term `implementing' means working
with the relevant Federal agencies, through existing
processes and procedures, to enable those agencies to put in
place and enforce the measures described in this section.
``(2) Uniform application process.--The term `uniform
application process' means a process employed by Federal
science agencies to maximize the collection of information
regarding applicants and applications, as determined by the
Council.
``(b) In General.--The Chairperson of the Council shall
consider the missions and responsibilities of Council members
in determining the lead agencies for Council functions. The
Council shall perform the following functions:
``(1) Developing and implementing, across all Executive
agencies that award research and development grants, awards,
and contracts, a uniform application process for grants in
accordance with subsection (c).
``(2) Developing and implementing policies and providing
guidance to prevent malign foreign interference from unduly
influencing the peer review process for federally funded
research and development.
``(3) Identifying or developing criteria for sharing among
Executive agencies and with law enforcement and other
agencies, as appropriate, information regarding individuals
who violate disclosure policies and other policies related to
research security.
``(4) Identifying an appropriate Executive agency--
``(A) to accept and protect information submitted by
Executive agencies and non-Federal entities based on the
process established pursuant to paragraph (1); and
``(B) to facilitate the sharing of information received
under subparagraph (A) to support, consistent with Federal
law--
``(i) the oversight of federally funded research and
development;
``(ii) criminal and civil investigations of misappropriated
Federal funds, resources, and information; and
``(iii) counterintelligence investigations.
``(5) Identifying, as appropriate, Executive agencies to
provide--
``(A) shared services, such as support for conducting
Federal research security risk assessments, activities to
mitigate such risks, and oversight and investigations with
respect to grants awarded by Executive agencies; and
``(B) common contract solutions to support the verification
of the identities of persons participating in federally
funded research and development.
``(6) Identifying and issuing guidance, in accordance with
subsection (e) and in coordination with the National Insider
Threat Task Force established by Executive Order 13587 (50
U.S.C. 3161 note) for expanding the scope of Executive agency
insider threat programs, including the safeguarding of
research and development from exploitation, compromise, or
other unauthorized disclosure, taking into account risk
levels and the distinct needs, missions, and systems of each
such agency.
``(7) Identifying and issuing guidance for developing
compliance and oversight programs for Executive agencies to
ensure that research and development grant recipients
accurately report conflicts of interest and conflicts of
commitment in accordance with subsection (c)(1). Such
programs shall include an assessment of--
``(A) a grantee's support from foreign sources and
affiliations, appointments, or participation in talent
programs with foreign funding institutions or laboratories;
and
``(B) the impact of such support and affiliations,
appointments, or participation in talent programs on United
States national security and economic interests.
``(8) Providing guidance to Executive agencies regarding
appropriate application of consequences for violations of
disclosure requirements.
``(9) Developing and implementing a cross-agency policy and
providing guidance related to the use of digital persistent
identifiers for individual researchers supported by, or
working on, any Federal research grant with the goal to
enhance transparency and security, while reducing
administrative burden for researchers and research
institutions.
``(10) Engaging with the United States research community
in conjunction with the National Science and Technology
Council and the National Academies Science, Technology and
Security Roundtable created under section 1746 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 42 U.S.C. 6601 note) in performing the
functions described in paragraphs (1), (2), and (3) and with
respect to issues relating to Federal research security
risks.
``(11) Carrying out such other functions, consistent with
Federal law, that are necessary to reduce Federal research
security risks.
``(c) Requirements for Uniform Grant Application Process.--
In developing the uniform application process for Federal
research and development grants required under subsection
(b)(1), the Council shall--
``(1) ensure that the process--
``(A) requires principal investigators, co-principal
investigators, and key personnel associated with the proposed
Federal research or development grant project--
``(i) to disclose biographical information, all
affiliations, including any foreign military, foreign
government-related organizations, and foreign-funded
institutions, and all current and pending support, including
from foreign institutions, foreign governments, or foreign
laboratories, and all support received from foreign sources;
and
``(ii) to certify the accuracy of the required disclosures
under penalty of perjury; and
``(B) uses a machine-readable application form to assist in
identifying fraud and ensuring the eligibility of applicants;
``(2) design the process--
``(A) to reduce the administrative burden on persons
applying for Federal research and development funding; and
``(B) to promote information sharing across the United
States research community, while safeguarding sensitive
information; and
``(3) complete the process not later than 1 year after the
date of the enactment of the Safeguarding American Innovation
Act.
``(d) Requirements for Information Sharing Criteria.--In
identifying or developing criteria and procedures for sharing
information with respect to Federal research security risks
under subsection (b)(3), the Council shall ensure that such
criteria address, at a minimum--
``(1) the information to be shared;
``(2) the circumstances under which sharing is mandated or
voluntary;
``(3) the circumstances under which it is appropriate for
an Executive agency to rely on information made available
through such sharing in exercising the responsibilities and
authorities of the agency under applicable laws relating to
the award of grants;
``(4) the procedures for protecting intellectual capital
that may be present in such information; and
``(5) appropriate privacy protections for persons involved
in Federal research and development.
[[Page S7848]]
``(e) Requirements for Insider Threat Program Guidance.--In
identifying or developing guidance with respect to insider
threat programs under subsection (b)(6), the Council shall
ensure that such guidance provides for, at a minimum--
``(1) such programs--
``(A) to deter, detect, and mitigate insider threats; and
``(B) to leverage counterintelligence, security,
information assurance, and other relevant functions and
resources to identify and counter insider threats; and
``(2) the development of an integrated capability to
monitor and audit information for the detection and
mitigation of insider threats, including through--
``(A) monitoring user activity on computer networks
controlled by Executive agencies;
``(B) providing employees of Executive agencies with
awareness training with respect to insider threats and the
responsibilities of employees to report such threats;
``(C) gathering information for a centralized analysis,
reporting, and response capability; and
``(D) information sharing to aid in tracking the risk
individuals may pose while moving across programs and
affiliations;
``(3) the development and implementation of policies and
procedures under which the insider threat program of an
Executive agency accesses, shares, and integrates information
and data derived from offices within the agency and shares
insider threat information with the executive agency research
sponsors;
``(4) the designation of senior officials with authority to
provide management, accountability, and oversight of the
insider threat program of an Executive agency and to make
resource recommendations to the appropriate officials; and
``(5) such additional guidance as is necessary to reflect
the distinct needs, missions, and systems of each Executive
agency.
``(f) Issuance of Warnings Relating to Risks and
Vulnerabilities in International Scientific Cooperation.--
``(1) In general.--The Council, in conjunction with the
lead security advisor designated under section 7902(c)(4),
shall establish a process for informing members of the United
States research community and the public, through the
issuance of warnings described in paragraph (2), of potential
risks and vulnerabilities in international scientific
cooperation that may undermine the integrity and security of
the United States research community or place at risk any
federally funded research and development.
``(2) Content.--A warning described in this paragraph shall
include, to the extent the Council considers appropriate, a
description of--
``(A) activities by the national government, local
governments, research institutions, or universities of a
foreign country--
``(i) to exploit, interfere, or undermine research and
development by the United States research community; or
``(ii) to misappropriate scientific knowledge resulting
from federally funded research and development;
``(B) efforts by strategic competitors to exploit the
research enterprise of a foreign country that may place at
risk--
``(i) the science and technology of that foreign country;
or
``(ii) federally funded research and development; and
``(C) practices within the research enterprise of a foreign
country that do not adhere to the United States scientific
values of openness, transparency, reciprocity, integrity, and
merit-based competition.
``(g) Exclusion Orders.--To reduce Federal research
security risk, the Interagency Suspension and Debarment
Committee shall provide quarterly reports to the Director of
the Office of Management and Budget and the Director of the
Office of Science and Technology Policy that detail--
``(1) the number of ongoing investigations by Council
Members related to Federal research security that may result,
or have resulted, in agency pre-notice letters, suspensions,
proposed debarments, and debarments;
``(2) Federal agencies' performance and compliance with
interagency suspensions and debarments;
``(3) efforts by the Interagency Suspension and Debarment
Committee to mitigate Federal research security risk;
``(4) proposals for developing a unified Federal policy on
suspensions and debarments; and
``(5) other current suspension and debarment related
issues.
``(h) Savings Provision.--Nothing in this section may be
construed--
``(1) to alter or diminish the authority of any Federal
agency; or
``(2) to alter any procedural requirements or remedies that
were in place before the date of the enactment of the
Safeguarding American Innovation Act.
``Sec. 7904. Annual report
``Not later than November 15 of each year, the Chairperson
of the Council shall submit a report to the appropriate
congressional committees that describes the activities of the
Council during the preceding fiscal year.
``Sec. 7905. Requirements for Executive agencies
``(a) In General.--The head of each Executive agency on the
Council shall be responsible for--
``(1) assessing Federal research security risks posed by
persons participating in federally funded research and
development;
``(2) avoiding or mitigating such risks, as appropriate and
consistent with the standards, guidelines, requirements, and
practices identified by the Council under section 7903(b);
``(3) prioritizing Federal research security risk
assessments conducted under paragraph (1) based on the
applicability and relevance of the research and development
to the national security and economic competitiveness of the
United States; and
``(4) ensuring that initiatives impacting Federally funded
research grant making policy and management to protect the
national and economic security interests of the United States
are integrated with the activities of the Council.
``(b) Inclusions.--The responsibility of the head of an
Executive agency for assessing Federal research security risk
described in subsection (a) includes--
``(1) developing an overall Federal research security risk
management strategy and implementation plan and policies and
processes to guide and govern Federal research security risk
management activities by the Executive agency;
``(2) integrating Federal research security risk management
practices throughout the lifecycle of the grant programs of
the Executive agency;
``(3) sharing relevant information with other Executive
agencies, as determined appropriate by the Council in a
manner consistent with section 7903; and
``(4) reporting on the effectiveness of the Federal
research security risk management strategy of the Executive
agency consistent with guidance issued by the Office of
Management and Budget and the Council.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of title 31, United States Code, is amended by
inserting after the item relating to chapter 77 the
following:
``79. Federal Research Security Council....................7901.''.....
SEC. 4494. FEDERAL GRANT APPLICATION FRAUD.
(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1041. Federal grant application fraud
``(a) Definitions.--In this section:
``(1) Federal agency.--The term `Federal agency' has the
meaning given the term `agency' in section 551 of title 5,
United States Code.
``(2) Federal grant.--The term `Federal grant'--
``(A) means a grant awarded by a Federal agency;
``(B) includes a subgrant awarded by a non-Federal entity
to carry out a Federal grant program; and
``(C) does not include--
``(i) direct United States Government cash assistance to an
individual;
``(ii) a subsidy;
``(iii) a loan;
``(iv) a loan guarantee; or
``(v) insurance.
``(3) Federal grant application.--The term `Federal grant
application' means an application for a Federal grant.
``(4) Foreign compensation.--The term `foreign
compensation' means a title, monetary compensation, access to
a laboratory or other resource, or other benefit received
from--
``(A) a foreign government;
``(B) a foreign government institution; or
``(C) a foreign public enterprise.
``(5) Foreign government.--The term `foreign government'
includes a person acting or purporting to act on behalf of--
``(A) a faction, party, department, agency, bureau,
subnational administrative entity, or military of a foreign
country; or
``(B) a foreign government or a person purporting to act as
a foreign government, regardless of whether the United States
recognizes the government.
``(6) Foreign government institution.--The term `foreign
government institution' means a foreign entity owned by,
subject to the control of, or subject to regulation by a
foreign government.
``(7) Foreign public enterprise.--The term `foreign public
enterprise' means an enterprise over which a foreign
government directly or indirectly exercises a dominant
influence.
``(8) Law enforcement agency.--The term `law enforcement
agency'--
``(A) means a Federal, State, local, or Tribal law
enforcement agency; and
``(B) includes--
``(i) the Office of Inspector General of an establishment
(as defined in section 12 of the Inspector General Act of
1978 (5 U.S.C. App.)) or a designated Federal entity (as
defined in section 8G(a) of the Inspector General Act of 1978
(5 U.S.C. App.)); and
``(ii) the Office of Inspector General, or similar office,
of a State or unit of local government.
``(9) Outside compensation.--The term `outside
compensation' means any compensation, resource, or support
(regardless of monetary value) made available to the
applicant in support of, or related to, any research
endeavor, including a title, research grant, cooperative
agreement, contract, institutional award, access to a
laboratory, or other resource, including materials, travel
compensation, or work incentives.
``(b) Prohibition.--It shall be unlawful for any individual
to knowingly--
``(1) prepare or submit a Federal grant application that
fails to disclose the receipt of any outside compensation,
including foreign compensation, by the individual;
[[Page S7849]]
``(2) forge, counterfeit, or otherwise falsify a document
for the purpose of obtaining a Federal grant; or
``(3) prepare, submit, or assist in the preparation or
submission of a Federal grant application or document in
connection with a Federal grant application that--
``(A) contains a false statement;
``(B) contains a material misrepresentation;
``(C) has no basis in law or fact; or
``(D) fails to disclose a material fact.
``(c) Exception.--Subsection (b) does not apply to an
activity--
``(1) carried out in connection with a lawfully authorized
investigative, protective, or intelligence activity of--
``(A) a law enforcement agency; or
``(B) a Federal intelligence agency; or
``(2) authorized under chapter 224.
``(d) Penalty.--Any individual who violates subsection
(b)--
``(1) shall be fined in accordance with this title,
imprisoned for not more than 5 years, or both; and
``(2) shall be prohibited from receiving a Federal grant
during the 5-year period beginning on the date on which a
sentence is imposed on the individual under paragraph (1).''.
(b) Clerical Amendment.--The analysis for chapter 47 of
title 18, United States Code, is amended by adding at the end
the following:
``1041. Federal grant application fraud.''.
SEC. 4495. RESTRICTING THE ACQUISITION OF EMERGING
TECHNOLOGIES BY CERTAIN ALIENS.
(a) Grounds of Inadmissibility.--The Secretary of State may
determine that an alien is inadmissible if the Secretary
determines such alien is seeking to enter the United States
to knowingly acquire sensitive or emerging technologies to
undermine national security interests of the United States by
benefitting an adversarial foreign government's security or
strategic capabilities.
(b) Relevant Factors.--To determine if an alien is
inadmissible under subsection (a), the Secretary of State
shall--
(1) take account of information and analyses relevant to
implementing subsection (a) from the Office of the Director
of National Intelligence, the Department of Health and Human
Services, the Department of Defense, the Department of
Homeland Security, the Department of Energy, the Department
of Commerce, and other appropriate Federal agencies;
(2) take account of the continual expert assessments of
evolving sensitive or emerging technologies that foreign
adversaries are targeting;
(3) take account of relevant information concerning the
foreign person's employment or collaboration, to the extent
known, with--
(A) foreign military and security related organizations
that are adversarial to the United States;
(B) foreign institutions involved in the theft of United
States research;
(C) entities involved in export control violations or the
theft of intellectual property;
(D) a government that seeks to undermine the integrity and
security of the United States research community; or
(E) other associations or collaborations that pose a
national security threat based on intelligence assessments;
and
(4) weigh the proportionality of risks and the factors
listed in paragraphs (1) through (3).
(c) Reporting Requirement.--Not later than 180 days after
the date of the enactment of this Act, and semi-annually
thereafter until the sunset date set forth in subsection (e),
the Secretary of State, in coordination with the Director of
National Intelligence, the Director of the Office of Science
and Technology Policy, the Secretary of Homeland Security,
the Secretary of Defense, the Secretary of Energy, the
Secretary of Commerce, and the heads of other appropriate
Federal agencies, shall submit a report to the Committee on
the Judiciary of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on the
Judiciary of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Oversight and Reform of the House of
Representatives that identifies--
(1) any criteria, if relevant used to describe the aliens
to which the grounds of inadmissibility described in
subsection (a) may apply;
(2) the number of individuals determined to be inadmissible
under subsection (a), including the nationality of each such
individual and the reasons for each determination of
inadmissibility; and
(3) the number of days from the date of the consular
interview until a final decision is issued for each
application for a visa considered under this section, listed
by applicants' country of citizenship and relevant consulate.
(d) Classification of Report.--Each report required under
subsection (c) shall be submitted, to the extent practicable,
in an unclassified form, but may be accompanied by a
classified annex.
(e) Sunset.--This section shall cease to be effective on
the date that is 2 years after the date of the enactment of
this Act.
SEC. 4496. MACHINE READABLE VISA DOCUMENTS.
(a) Machine-readable Documents.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of
State shall--
(1) use a machine-readable visa application form; and
(2) make available documents submitted in support of a visa
application in a machine readable format to assist in--
(A) identifying fraud;
(B) conducting lawful law enforcement activities; and
(C) determining the eligibility of applicants for a visa
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(b) Waiver.--The Secretary of State may waive the
requirement under subsection (a) by providing to Congress,
not later than 30 days before such waiver takes effect--
(1) a detailed explanation for why the waiver is being
issued; and
(2) a timeframe for the implementation of the requirement
under subsection (a).
(c) Report.--Not later than 45 days after date of the
enactment of this Act, the Secretary of State shall submit a
report to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Commerce, Science,
and Transportation of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign
Relations of the Senate; the Committee on Oversight and
Reform of the House of Representatives, the Committee on
Homeland Security of the House of Representatives, the
Committee on Energy and Commerce of the House of
Representatives, the Permanent Select Committee on
Intelligence of the House of Representatives, and the
Committee on Foreign Affairs of the House of Representatives
that--
(1) describes how supplementary documents provided by a
visa applicant in support of a visa application are stored
and shared by the Department of State with authorized Federal
agencies;
(2) identifies the sections of a visa application that are
machine-readable and the sections that are not machine-
readable;
(3) provides cost estimates, including personnel costs and
a cost-benefit analysis for adopting different technologies,
including optical character recognition, for--
(A) making every element of a visa application, and
documents submitted in support of a visa application,
machine-readable; and
(B) ensuring that such system--
(i) protects personally-identifiable information; and
(ii) permits the sharing of visa information with Federal
agencies in accordance with existing law; and
(4) includes an estimated timeline for completing the
implementation of subsection (a).
SEC. 4497. CERTIFICATIONS REGARDING ACCESS TO EXPORT
CONTROLLED TECHNOLOGY IN EDUCATIONAL AND
CULTURAL EXCHANGE PROGRAMS.
Section 102(b)(5) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2452(b)(5)) is amended to
read as follows:
``(5) promoting and supporting medical, scientific,
cultural, and educational research and development by
developing exchange programs for foreign researchers and
scientists, while protecting technologies regulated by export
control laws important to the national security and economic
interests of the United States, by requiring--
``(A) the sponsor to certify to the Department of State
that the sponsor, after reviewing all regulations related to
the Export Controls Act of 2018 (50 U.S.C. 4811 et seq.) and
the Arms Export Control Act (22 U.S.C. 2751 et seq.), has
determined that--
``(i) a license is not required from the Department of
Commerce or the Department of State to release such
technology or technical data to the exchange visitor; or
``(ii)(I) a license is required from the Department of
Commerce or the Department of State to release such
technology or technical data to the exchange visitor; and
``(II) the sponsor will prevent access to the controlled
technology or technical data by the exchange visitor until
the sponsor--
``(aa) has received the required license or other
authorization to release it to the visitor; and
``(bb) has provided a copy of such license or authorization
to the Department of State; and
``(B) if the sponsor maintains export controlled technology
or technical data, the sponsor to submit to the Department of
State the sponsor's plan to prevent unauthorized export or
transfer of any controlled items, materials, information, or
technology at the sponsor organization or entities associated
with a sponsor's administration of the exchange visitor
program.''.
SEC. 4498. PRIVACY AND CONFIDENTIALITY.
Nothing in this subtitle may be construed as affecting the
rights and requirements provided in section 552a of title 5,
United States Code (commonly known as the ``Privacy Act of
1974'') or subchapter III of chapter 35 of title 44, United
States Code (commonly known as the ``Confidential Information
Protection and Statistical Efficiency Act of 2018'').
______
SA 4293. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military
[[Page S7850]]
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Safeguarding American Innovation
SEC. 1071. SHORT TITLE.
This subtitle may be cited as the ``Safeguarding American
Innovation Act''.
SEC. 1072. DEFINITIONS.
In this subtitle:
(1) Federal science agency.--The term ``Federal science
agency'' means any Federal department or agency to which more
than $100,000,000 in basic and applied research and
development funds were appropriated for the previous fiscal
year.
(2) Research and development.--
(A) In general.--The term ``research and development''
means all research activities, both basic and applied, and
all development activities.
(B) Development.--The term ``development'' means
experimental development.
(C) Experimental development.--The term ``experimental
development'' means creative and systematic work, drawing
upon knowledge gained from research and practical experience,
which--
(i) is directed toward the production of new products or
processes or improving existing products or processes; and
(ii) like research, will result in gaining additional
knowledge.
(D) Research.--The term ``research''--
(i) means a systematic study directed toward fuller
scientific knowledge or understanding of the subject studied;
and
(ii) includes activities involving the training of
individuals in research techniques if such activities--
(I) utilize the same facilities as other research and
development activities; and
(II) are not included in the instruction function.
SEC. 1073. FEDERAL RESEARCH SECURITY COUNCIL.
(a) In General.--Subtitle V of title 31, United States
Code, is amended by adding at the end the following:
``CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL
``Sec.
``7901. Definitions.
``7902. Federal Research Security Council establishment and membership.
``7903. Functions and authorities.
``7904. Strategic plan.
``7905. Annual report.
``7906. Requirements for Executive agencies.
``Sec. 7901. Definitions
``In this chapter:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Committee on Commerce, Science, and
Transportation of the Senate;
``(C) the Select Committee on Intelligence of the Senate;
``(D) the Committee on Foreign Relations of the Senate;
``(E) the Committee on Armed Services of the Senate;
``(F) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(G) the Committee on Oversight and Reform of the House of
Representatives;
``(H) the Committee on Homeland Security of the House of
Representatives;
``(I) the Committee on Energy and Commerce of the House of
Representatives;
``(J) the Permanent Select Committee on Intelligence of the
House of Representatives;
``(K) the Committee on Foreign Affairs of the House of
Representatives;
``(L) the Committee on Armed Services of the House of
Representatives; and
``(M) the Committee on Education and Labor of the House of
Representatives.
``(2) Council.--The term `Council' means the Federal
Research Security Council established under section 7902(a).
``(3) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(4) Federal research security risk.--The term `Federal
research security risk' means the risk posed by malign state
actors and other persons to the security and integrity of
research and development conducted using research and
development funds awarded by Executive agencies.
``(5) Insider.--The term `insider' means any person with
authorized access to any United States Government resource,
including personnel, facilities, information, research,
equipment, networks, or systems.
``(6) Insider threat.--The term `insider threat' means the
threat that an insider will use his or her authorized access
(wittingly or unwittingly) to harm the national and economic
security of the United States or negatively affect the
integrity of a Federal agency's normal processes, including
damaging the United States through espionage, sabotage,
terrorism, unauthorized disclosure of national security
information or nonpublic information, a destructive act
(which may include physical harm to another in the
workplace), or through the loss or degradation of
departmental resources, capabilities, and functions.
``(7) Research and development.--
``(A) In general.--The term `research and development'
means all research activities, both basic and applied, and
all development activities.
``(B) Development.--The term `development' means
experimental development.
``(C) Experimental development.--The term `experimental
development' means creative and systematic work, drawing upon
knowledge gained from research and practical experience,
which--
``(i) is directed toward the production of new products or
processes or improving existing products or processes; and
``(ii) like research, will result in gaining additional
knowledge.
``(D) Research.--The term `research'--
``(i) means a systematic study directed toward fuller
scientific knowledge or understanding of the subject studied;
and
``(ii) includes activities involving the training of
individuals in research techniques if such activities--
``(I) utilize the same facilities as other research and
development activities; and
``(II) are not included in the instruction function.
``(8) United states research community.--The term `United
States research community' means--
``(A) research and development centers of Executive
agencies;
``(B) private research and development centers in the
United States, including for profit and nonprofit research
institutes;
``(C) research and development centers at institutions of
higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)));
``(D) research and development centers of States, United
States territories, Indian tribes, and municipalities;
``(E) government-owned, contractor-operated United States
Government research and development centers; and
``(F) any person conducting federally funded research or
receiving Federal research grant funding.
``Sec. 7902. Federal Research Security Council establishment
and membership
``(a) Establishment.--There is established, in the Office
of Management and Budget, a Federal Research Security
Council, which shall develop federally funded research and
development grant making policy and management guidance to
protect the national and economic security interests of the
United States.
``(b) Membership.--
``(1) In general.--The following agencies shall be
represented on the Council:
``(A) The Office of Management and Budget.
``(B) The Office of Science and Technology Policy.
``(C) The Department of Defense.
``(D) The Department of Homeland Security.
``(E) The Office of the Director of National Intelligence.
``(F) The Department of Justice.
``(G) The Department of Energy.
``(H) The Department of Commerce.
``(I) The Department of Health and Human Services.
``(J) The Department of State.
``(K) The Department of Transportation.
``(L) The National Aeronautics and Space Administration.
``(M) The National Science Foundation.
``(N) The Department of Education.
``(O) The Small Business Administration.
``(P) The Council of Inspectors General on Integrity and
Efficiency.
``(Q) Other Executive agencies, as determined by the
Chairperson of the Council.
``(2) Lead representatives.--
``(A) Designation.--Not later than 45 days after the date
of the enactment of the Safeguarding American Innovation Act,
the head of each agency represented on the Council shall
designate a representative of that agency as the lead
representative of the agency on the Council.
``(B) Functions.--The lead representative of an agency
designated under subparagraph (A) shall ensure that
appropriate personnel, including leadership and subject
matter experts of the agency, are aware of the business of
the Council.
``(c) Chairperson.--
``(1) Designation.--Not later than 45 days after the date
of the enactment of the Safeguarding American Innovation Act,
the Director of the Office of Management and Budget shall
designate a senior level official from the Office of
Management and Budget to serve as the Chairperson of the
Council.
``(2) Functions.--The Chairperson shall perform functions
that include--
``(A) subject to subsection (d), developing a schedule for
meetings of the Council;
``(B) designating Executive agencies to be represented on
the Council under subsection (b)(1)(Q);
``(C) in consultation with the lead representative of each
agency represented on the Council, developing a charter for
the Council; and
``(D) not later than 7 days after completion of the
charter, submitting the charter to the appropriate
congressional committees.
``(3) Lead science advisor.--The Director of the Office of
Science and Technology Policy shall designate a senior level
official to be the lead science advisor to the Council for
purposes of this chapter.
``(4) Lead security advisor.--The Director of the National
Counterintelligence and Security Center shall designate a
senior level official from the National Counterintelligence
and Security Center to be the lead security advisor to the
Council for purposes of this chapter.
``(d) Meetings.--The Council shall meet not later than 60
days after the date of the
[[Page S7851]]
enactment of the Safeguarding American Innovation Act and not
less frequently than quarterly thereafter.
``Sec. 7903. Functions and authorities
``(a) Definitions.--In this section:
``(1) Implementing.--The term `implementing' means working
with the relevant Federal agencies, through existing
processes and procedures, to enable those agencies to put in
place and enforce the measures described in this section.
``(2) Uniform application process.--The term `uniform
application process' means a process employed by Federal
science agencies to maximize the collection of information
regarding applicants and applications, as determined by the
Council.
``(b) In General.--The Chairperson of the Council shall
consider the missions and responsibilities of Council members
in determining the lead agencies for Council functions. The
Council shall perform the following functions:
``(1) Developing and implementing, across all Executive
agencies that award research and development grants, awards,
and contracts, a uniform application process for grants in
accordance with subsection (c).
``(2) Developing and implementing policies and providing
guidance to prevent malign foreign interference from unduly
influencing the peer review process for federally funded
research and development.
``(3) Identifying or developing criteria for sharing among
Executive agencies and with law enforcement and other
agencies, as appropriate, information regarding individuals
who violate disclosure policies and other policies related to
research security.
``(4) Identifying an appropriate Executive agency--
``(A) to accept and protect information submitted by
Executive agencies and non-Federal entities based on the
process established pursuant to paragraph (1); and
``(B) to facilitate the sharing of information received
under subparagraph (A) to support, consistent with Federal
law--
``(i) the oversight of federally funded research and
development;
``(ii) criminal and civil investigations of misappropriated
Federal funds, resources, and information; and
``(iii) counterintelligence investigations.
``(5) Identifying, as appropriate, Executive agencies to
provide--
``(A) shared services, such as support for conducting
Federal research security risk assessments, activities to
mitigate such risks, and oversight and investigations with
respect to grants awarded by Executive agencies; and
``(B) common contract solutions to support the verification
of the identities of persons participating in federally
funded research and development.
``(6) Identifying and issuing guidance, in accordance with
subsection (e) and in coordination with the National Insider
Threat Task Force established by Executive Order 13587 (50
U.S.C. 3161 note) for expanding the scope of Executive agency
insider threat programs, including the safeguarding of
research and development from exploitation, compromise, or
other unauthorized disclosure, taking into account risk
levels and the distinct needs, missions, and systems of each
such agency.
``(7) Identifying and issuing guidance for developing
compliance and oversight programs for Executive agencies to
ensure that research and development grant recipients
accurately report conflicts of interest and conflicts of
commitment in accordance with subsection (c)(1). Such
programs shall include an assessment of--
``(A) a grantee's support from foreign sources and
affiliations, appointments, or participation in talent
programs with foreign funding institutions or laboratories;
and
``(B) the impact of such support and affiliations,
appointments, or participation in talent programs on United
States national security and economic interests.
``(8) Providing guidance to Executive agencies regarding
appropriate application of consequences for violations of
disclosure requirements.
``(9) Developing and implementing a cross-agency policy and
providing guidance related to the use of digital persistent
identifiers for individual researchers supported by, or
working on, any Federal research grant with the goal to
enhance transparency and security, while reducing
administrative burden for researchers and research
institutions.
``(10) Engaging with the United States research community
in conjunction with the National Science and Technology
Council and the National Academies Science, Technology and
Security Roundtable created under section 1746 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 42 U.S.C. 6601 note) in performing the
functions described in paragraphs (1), (2), and (3) and with
respect to issues relating to Federal research security
risks.
``(11) Carrying out such other functions, consistent with
Federal law, that are necessary to reduce Federal research
security risks.
``(c) Requirements for Uniform Grant Application Process.--
In developing the uniform application process for Federal
research and development grants required under subsection
(b)(1), the Council shall--
``(1) ensure that the process--
``(A) requires principal investigators, co-principal
investigators, and key personnel associated with the proposed
Federal research or development grant project--
``(i) to disclose biographical information, all
affiliations, including any foreign military, foreign
government-related organizations, and foreign-funded
institutions, and all current and pending support, including
from foreign institutions, foreign governments, or foreign
laboratories, and all support received from foreign sources;
and
``(ii) to certify the accuracy of the required disclosures
under penalty of perjury; and
``(B) uses a machine-readable application form to assist in
identifying fraud and ensuring the eligibility of applicants;
``(2) design the process--
``(A) to reduce the administrative burden on persons
applying for Federal research and development funding; and
``(B) to promote information sharing across the United
States research community, while safeguarding sensitive
information; and
``(3) complete the process not later than 1 year after the
date of the enactment of the Safeguarding American Innovation
Act.
``(d) Requirements for Information Sharing Criteria.--In
identifying or developing criteria and procedures for sharing
information with respect to Federal research security risks
under subsection (b)(3), the Council shall ensure that such
criteria address, at a minimum--
``(1) the information to be shared;
``(2) the circumstances under which sharing is mandated or
voluntary;
``(3) the circumstances under which it is appropriate for
an Executive agency to rely on information made available
through such sharing in exercising the responsibilities and
authorities of the agency under applicable laws relating to
the award of grants;
``(4) the procedures for protecting intellectual capital
that may be present in such information; and
``(5) appropriate privacy protections for persons involved
in Federal research and development.
``(e) Requirements for Insider Threat Program Guidance.--In
identifying or developing guidance with respect to insider
threat programs under subsection (b)(6), the Council shall
ensure that such guidance provides for, at a minimum--
``(1) such programs--
``(A) to deter, detect, and mitigate insider threats; and
``(B) to leverage counterintelligence, security,
information assurance, and other relevant functions and
resources to identify and counter insider threats; and
``(2) the development of an integrated capability to
monitor and audit information for the detection and
mitigation of insider threats, including through--
``(A) monitoring user activity on computer networks
controlled by Executive agencies;
``(B) providing employees of Executive agencies with
awareness training with respect to insider threats and the
responsibilities of employees to report such threats;
``(C) gathering information for a centralized analysis,
reporting, and response capability; and
``(D) information sharing to aid in tracking the risk
individuals may pose while moving across programs and
affiliations;
``(3) the development and implementation of policies and
procedures under which the insider threat program of an
Executive agency accesses, shares, and integrates information
and data derived from offices within the agency and shares
insider threat information with the executive agency research
sponsors;
``(4) the designation of senior officials with authority to
provide management, accountability, and oversight of the
insider threat program of an Executive agency and to make
resource recommendations to the appropriate officials; and
``(5) such additional guidance as is necessary to reflect
the distinct needs, missions, and systems of each Executive
agency.
``(f) Issuance of Warnings Relating to Risks and
Vulnerabilities in International Scientific Cooperation.--
``(1) In general.--The Council, in conjunction with the
lead security advisor designated under section 7902(c)(4),
shall establish a process for informing members of the United
States research community and the public, through the
issuance of warnings described in paragraph (2), of potential
risks and vulnerabilities in international scientific
cooperation that may undermine the integrity and security of
the United States research community or place at risk any
federally funded research and development.
``(2) Content.--A warning described in this paragraph shall
include, to the extent the Council considers appropriate, a
description of--
``(A) activities by the national government, local
governments, research institutions, or universities of a
foreign country--
``(i) to exploit, interfere, or undermine research and
development by the United States research community; or
``(ii) to misappropriate scientific knowledge resulting
from federally funded research and development;
``(B) efforts by strategic competitors to exploit the
research enterprise of a foreign country that may place at
risk--
``(i) the science and technology of that foreign country;
or
``(ii) federally funded research and development; and
``(C) practices within the research enterprise of a foreign
country that do not adhere to the United States scientific
values of openness, transparency, reciprocity, integrity, and
merit-based competition.
[[Page S7852]]
``(g) Exclusion Orders.--To reduce Federal research
security risk, the Interagency Suspension and Debarment
Committee shall provide quarterly reports to the Director of
the Office of Management and Budget and the Director of the
Office of Science and Technology Policy that detail--
``(1) the number of ongoing investigations by Council
Members related to Federal research security that may result,
or have resulted, in agency pre-notice letters, suspensions,
proposed debarments, and debarments;
``(2) Federal agencies' performance and compliance with
interagency suspensions and debarments;
``(3) efforts by the Interagency Suspension and Debarment
Committee to mitigate Federal research security risk;
``(4) proposals for developing a unified Federal policy on
suspensions and debarments; and
``(5) other current suspension and debarment related
issues.
``(h) Savings Provision.--Nothing in this section may be
construed--
``(1) to alter or diminish the authority of any Federal
agency; or
``(2) to alter any procedural requirements or remedies that
were in place before the date of the enactment of the
Safeguarding American Innovation Act.
``Sec. 7904. Annual report
``Not later than November 15 of each year, the Chairperson
of the Council shall submit a report to the appropriate
congressional committees that describes the activities of the
Council during the preceding fiscal year.
``Sec. 7905. Requirements for Executive agencies
``(a) In General.--The head of each Executive agency on the
Council shall be responsible for--
``(1) assessing Federal research security risks posed by
persons participating in federally funded research and
development;
``(2) avoiding or mitigating such risks, as appropriate and
consistent with the standards, guidelines, requirements, and
practices identified by the Council under section 7903(b);
``(3) prioritizing Federal research security risk
assessments conducted under paragraph (1) based on the
applicability and relevance of the research and development
to the national security and economic competitiveness of the
United States; and
``(4) ensuring that initiatives impacting Federally funded
research grant making policy and management to protect the
national and economic security interests of the United States
are integrated with the activities of the Council.
``(b) Inclusions.--The responsibility of the head of an
Executive agency for assessing Federal research security risk
described in subsection (a) includes--
``(1) developing an overall Federal research security risk
management strategy and implementation plan and policies and
processes to guide and govern Federal research security risk
management activities by the Executive agency;
``(2) integrating Federal research security risk management
practices throughout the lifecycle of the grant programs of
the Executive agency;
``(3) sharing relevant information with other Executive
agencies, as determined appropriate by the Council in a
manner consistent with section 7903; and
``(4) reporting on the effectiveness of the Federal
research security risk management strategy of the Executive
agency consistent with guidance issued by the Office of
Management and Budget and the Council.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of title 31, United States Code, is amended by
inserting after the item relating to chapter 77 the
following:
``79. Federal Research Security Council....................7901.''.....
SEC. 1074. FEDERAL GRANT APPLICATION FRAUD.
(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1041. Federal grant application fraud
``(a) Definitions.--In this section:
``(1) Federal agency.--The term `Federal agency' has the
meaning given the term `agency' in section 551 of title 5,
United States Code.
``(2) Federal grant.--The term `Federal grant'--
``(A) means a grant awarded by a Federal agency;
``(B) includes a subgrant awarded by a non-Federal entity
to carry out a Federal grant program; and
``(C) does not include--
``(i) direct United States Government cash assistance to an
individual;
``(ii) a subsidy;
``(iii) a loan;
``(iv) a loan guarantee; or
``(v) insurance.
``(3) Federal grant application.--The term `Federal grant
application' means an application for a Federal grant.
``(4) Foreign compensation.--The term `foreign
compensation' means a title, monetary compensation, access to
a laboratory or other resource, or other benefit received
from--
``(A) a foreign government;
``(B) a foreign government institution; or
``(C) a foreign public enterprise.
``(5) Foreign government.--The term `foreign government'
includes a person acting or purporting to act on behalf of--
``(A) a faction, party, department, agency, bureau,
subnational administrative entity, or military of a foreign
country; or
``(B) a foreign government or a person purporting to act as
a foreign government, regardless of whether the United States
recognizes the government.
``(6) Foreign government institution.--The term `foreign
government institution' means a foreign entity owned by,
subject to the control of, or subject to regulation by a
foreign government.
``(7) Foreign public enterprise.--The term `foreign public
enterprise' means an enterprise over which a foreign
government directly or indirectly exercises a dominant
influence.
``(8) Law enforcement agency.--The term `law enforcement
agency'--
``(A) means a Federal, State, local, or Tribal law
enforcement agency; and
``(B) includes--
``(i) the Office of Inspector General of an establishment
(as defined in section 12 of the Inspector General Act of
1978 (5 U.S.C. App.)) or a designated Federal entity (as
defined in section 8G(a) of the Inspector General Act of 1978
(5 U.S.C. App.)); and
``(ii) the Office of Inspector General, or similar office,
of a State or unit of local government.
``(9) Outside compensation.--The term `outside
compensation' means any compensation, resource, or support
(regardless of monetary value) made available to the
applicant in support of, or related to, any research
endeavor, including a title, research grant, cooperative
agreement, contract, institutional award, access to a
laboratory, or other resource, including materials, travel
compensation, or work incentives.
``(b) Prohibition.--It shall be unlawful for any individual
to knowingly--
``(1) prepare or submit a Federal grant application that
fails to disclose the receipt of any outside compensation,
including foreign compensation, by the individual;
``(2) forge, counterfeit, or otherwise falsify a document
for the purpose of obtaining a Federal grant; or
``(3) prepare, submit, or assist in the preparation or
submission of a Federal grant application or document in
connection with a Federal grant application that--
``(A) contains a false statement;
``(B) contains a material misrepresentation;
``(C) has no basis in law or fact; or
``(D) fails to disclose a material fact.
``(c) Exception.--Subsection (b) does not apply to an
activity--
``(1) carried out in connection with a lawfully authorized
investigative, protective, or intelligence activity of--
``(A) a law enforcement agency; or
``(B) a Federal intelligence agency; or
``(2) authorized under chapter 224.
``(d) Penalty.--Any individual who violates subsection
(b)--
``(1) shall be fined in accordance with this title,
imprisoned for not more than 5 years, or both; and
``(2) shall be prohibited from receiving a Federal grant
during the 5-year period beginning on the date on which a
sentence is imposed on the individual under paragraph (1).''.
(b) Clerical Amendment.--The analysis for chapter 47 of
title 18, United States Code, is amended by adding at the end
the following:
``1041. Federal grant application fraud.''.
SEC. 1075. RESTRICTING THE ACQUISITION OF EMERGING
TECHNOLOGIES BY CERTAIN ALIENS.
(a) Grounds of Inadmissibility.--The Secretary of State may
determine that an alien is inadmissible if the Secretary
determines such alien is seeking to enter the United States
to knowingly acquire sensitive or emerging technologies to
undermine national security interests of the United States by
benefitting an adversarial foreign government's security or
strategic capabilities.
(b) Relevant Factors.--To determine if an alien is
inadmissible under subsection (a), the Secretary of State
shall--
(1) take account of information and analyses relevant to
implementing subsection (a) from the Office of the Director
of National Intelligence, the Department of Health and Human
Services, the Department of Defense, the Department of
Homeland Security, the Department of Energy, the Department
of Commerce, and other appropriate Federal agencies;
(2) take account of the continual expert assessments of
evolving sensitive or emerging technologies that foreign
adversaries are targeting;
(3) take account of relevant information concerning the
foreign person's employment or collaboration, to the extent
known, with--
(A) foreign military and security related organizations
that are adversarial to the United States;
(B) foreign institutions involved in the theft of United
States research;
(C) entities involved in export control violations or the
theft of intellectual property;
(D) a government that seeks to undermine the integrity and
security of the United States research community; or
(E) other associations or collaborations that pose a
national security threat based on intelligence assessments;
and
(4) weigh the proportionality of risks and the factors
listed in paragraphs (1) through (3).
(c) Reporting Requirement.--Not later than 180 days after
the date of the enactment of this Act, and semi-annually
thereafter until the sunset date set forth in subsection
[[Page S7853]]
(e), the Secretary of State, in coordination with the
Director of National Intelligence, the Director of the Office
of Science and Technology Policy, the Secretary of Homeland
Security, the Secretary of Defense, the Secretary of Energy,
the Secretary of Commerce, and the heads of other appropriate
Federal agencies, shall submit a report to the Committee on
the Judiciary of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on the
Judiciary of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Oversight and Reform of the House of
Representatives that identifies--
(1) any criteria, if relevant used to describe the aliens
to which the grounds of inadmissibility described in
subsection (a) may apply;
(2) the number of individuals determined to be inadmissible
under subsection (a), including the nationality of each such
individual and the reasons for each determination of
inadmissibility; and
(3) the number of days from the date of the consular
interview until a final decision is issued for each
application for a visa considered under this section, listed
by applicants' country of citizenship and relevant consulate.
(d) Classification of Report.--Each report required under
subsection (c) shall be submitted, to the extent practicable,
in an unclassified form, but may be accompanied by a
classified annex.
(e) Sunset.--This section shall cease to be effective on
the date that is 2 years after the date of the enactment of
this Act.
SEC. 1076. MACHINE READABLE VISA DOCUMENTS.
(a) Machine-readable Documents.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of
State shall--
(1) use a machine-readable visa application form; and
(2) make available documents submitted in support of a visa
application in a machine readable format to assist in--
(A) identifying fraud;
(B) conducting lawful law enforcement activities; and
(C) determining the eligibility of applicants for a visa
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(b) Waiver.--The Secretary of State may waive the
requirement under subsection (a) by providing to Congress,
not later than 30 days before such waiver takes effect--
(1) a detailed explanation for why the waiver is being
issued; and
(2) a timeframe for the implementation of the requirement
under subsection (a).
(c) Report.--Not later than 45 days after date of the
enactment of this Act, the Secretary of State shall submit a
report to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Commerce, Science,
and Transportation of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign
Relations of the Senate; the Committee on Oversight and
Reform of the House of Representatives, the Committee on
Homeland Security of the House of Representatives, the
Committee on Energy and Commerce of the House of
Representatives, the Permanent Select Committee on
Intelligence of the House of Representatives, and the
Committee on Foreign Affairs of the House of Representatives
that--
(1) describes how supplementary documents provided by a
visa applicant in support of a visa application are stored
and shared by the Department of State with authorized Federal
agencies;
(2) identifies the sections of a visa application that are
machine-readable and the sections that are not machine-
readable;
(3) provides cost estimates, including personnel costs and
a cost-benefit analysis for adopting different technologies,
including optical character recognition, for--
(A) making every element of a visa application, and
documents submitted in support of a visa application,
machine-readable; and
(B) ensuring that such system--
(i) protects personally-identifiable information; and
(ii) permits the sharing of visa information with Federal
agencies in accordance with existing law; and
(4) includes an estimated timeline for completing the
implementation of subsection (a).
SEC. 1077. CERTIFICATIONS REGARDING ACCESS TO EXPORT
CONTROLLED TECHNOLOGY IN EDUCATIONAL AND
CULTURAL EXCHANGE PROGRAMS.
Section 102(b)(5) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2452(b)(5)) is amended to
read as follows:
``(5) promoting and supporting medical, scientific,
cultural, and educational research and development by
developing exchange programs for foreign researchers and
scientists, while protecting technologies regulated by export
control laws important to the national security and economic
interests of the United States, by requiring--
``(A) the sponsor to certify to the Department of State
that the sponsor, after reviewing all regulations related to
the Export Controls Act of 2018 (50 U.S.C. 4811 et seq.) and
the Arms Export Control Act (22 U.S.C. 2751 et seq.), has
determined that--
``(i) a license is not required from the Department of
Commerce or the Department of State to release such
technology or technical data to the exchange visitor; or
``(ii)(I) a license is required from the Department of
Commerce or the Department of State to release such
technology or technical data to the exchange visitor; and
``(II) the sponsor will prevent access to the controlled
technology or technical data by the exchange visitor until
the sponsor--
``(aa) has received the required license or other
authorization to release it to the visitor; and
``(bb) has provided a copy of such license or authorization
to the Department of State; and
``(B) if the sponsor maintains export controlled technology
or technical data, the sponsor to submit to the Department of
State the sponsor's plan to prevent unauthorized export or
transfer of any controlled items, materials, information, or
technology at the sponsor organization or entities associated
with a sponsor's administration of the exchange visitor
program.''.
SEC. 1078. PRIVACY AND CONFIDENTIALITY.
Nothing in this subtitle may be construed as affecting the
rights and requirements provided in section 552a of title 5,
United States Code (commonly known as the ``Privacy Act of
1974'') or subchapter III of chapter 35 of title 44, United
States Code (commonly known as the ``Confidential Information
Protection and Statistical Efficiency Act of 2018'').
______
SA 4294. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title III, add the following:
SEC. 376. REPORT ON DISEASE PREVENTION FOR MILITARY WORKING
DOGS.
Not later than 180 days after the date of the enactment of
this Act, the head of the Army Veterinary Services shall
submit to Congress a report containing the findings of an
updated study on the potential introduction of foreign animal
diseases and current prevention protocol and strategies to
protect the health of military working dogs.
______
SA 4295. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title III, add the following:
SEC. 376. STUDY ON CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL
PROTECTION FOR MILITARY WORKING DOGS.
(a) Study.--The head of the Army Veterinary Services shall
conduct a study on the impacts of chemical, biological, and
radiological exposure on military working dogs and current
prevention protocol, protective equipment, and strategies of
the Department of Defense to protect the health of military
working dogs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the head of the Army Veterinary
Services shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report
containing the findings of the study conducted under
subsection (a).
______
SA 4296. Mr. BLUMENTHAL (for himself and Mr. Rubio) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
PERSONS WHO ENGAGE IN PUBLIC CORRUPTION
ACTIVITIES.
(a) Findings.--Congress finds the following:
(1) When public officials and their allies use the
mechanisms of government to engage in extortion or bribery,
they impoverish the economic health of their country and harm
citizens.
(2) By empowering the United States Government to hold to
account foreign public officials and their associates who
engage in extortion or bribery, the United States can
[[Page S7854]]
deter malfeasance and ultimately serve the citizens of
fragile countries suffocated by corrupt bureaucracies.
(3) The 2016 report by the Special Inspector General for
Afghan Reconstruction entitled, ``Corruption in Conflict:
Lessons from the U.S. Experience in Afghanistan'' included
the recommendation, ``Congress should consider enacting
legislation that authorizes sanctions against foreign
government officials or their associates who engage in
corruption.''.
(b) Authorization of Imposition of Sanctions.--
(1) In general.--The President may impose the sanctions
described in paragraph (2) with respect to any foreign person
who is an individual that the President determines--
(A) engages in public corruption activities against a
United States person, including--
(i) soliciting or accepting bribes;
(ii) using the authority of the state to extort payments;
or
(iii) engaging in extortion; or
(B) conspires to engage in, or knowingly and materially
assists, sponsors, or provides significant financial,
material, or technological support for, any of the activities
described in subparagraph (A).
(2) Sanctions described.--
(A) Inadmissibility to united states.--A foreign person who
is subject to sanctions under this section shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of a
foreign person who is subject to sanctions under this section
shall be revoked regardless of when such visa or other entry
documentation is issued.
(ii) Effect of revocation.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the possession of the foreign
person.
(3) Exception to comply with law enforcement objectives and
agreement regarding headquarters of united nations.--
Sanctions described under paragraph (2) shall not apply to a
foreign person if admitting the person into the United
States--
(A) would further important law enforcement objectives; or
(B) is necessary to permit the United States to comply with
the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered
into force November 21, 1947, between the United Nations and
the United States, or other applicable international
obligations of the United States.
(4) Termination of sanctions.--The President may terminate
the application of sanctions under this subsection with
respect to a foreign person if the President determines and
reports to the appropriate congressional committees not later
than 15 days before the termination of the sanctions that--
(A) the person is no longer engaged in the activity that
was the basis for the sanctions or has taken significant
verifiable steps toward stopping the activity;
(B) the President has received reliable assurances that the
person will not knowingly engage in activity subject to
sanctions under this subsection in the future; or
(C) the termination of the sanctions is in the national
security interests of the United States.
(5) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry
out this subsection.
(6) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on the Judiciary, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on the Judiciary, the Committee on
Financial Services, and the Committee on Foreign Affairs of
the House of Representatives.
(c) Reports to Congress.--
(1) In general.--The President shall submit to the
appropriate congressional committees, in accordance with
paragraph (2), a report that includes--
(A) a list of each foreign person with respect to whom the
President imposed sanctions pursuant to subsection (b)(1)
during the year preceding the submission of the report;
(B) the number of foreign persons with respect to whom the
President imposed sanctions under subsection (b)(1) during
that year;
(C) the number of foreign persons with respect to whom the
President terminated sanctions under subsection (b)(4) during
that year;
(D) the dates on which such sanctions were imposed or
terminated, as the case may be;
(E) the reasons for imposing or terminating such sanctions;
(F) the total number of foreign persons with respect to
whom such sanctions may have been imposed but were not
imposed pursuant to subsection (b)(3); and
(G) recommendations as to whether the imposition of
additional sanctions would be an added deterrent in
preventing public corruption.
(2) Dates for submission.--
(A) Initial report.--The President shall submit the initial
report under paragraph (1) not later than 120 days after the
date of the enactment of this Act.
(B) Subsequent reports.--The President shall submit a
subsequent report under paragraph (1) on December 10, or the
first day thereafter on which both Houses of Congress are in
session, of--
(i) the calendar year in which the initial report is
submitted if the initial report is submitted before December
10 of that calendar year; and
(ii) each calendar year thereafter.
(3) Form of report.--
(A) In general.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(B) Exception.--The name of a foreign person to be included
in the list required by paragraph (1)(A) may be submitted in
the classified annex authorized by subparagraph (A) only if
the President--
(i) determines that it is vital for the national security
interests of the United States to do so; and
(ii) uses the annex in a manner consistent with
congressional intent and the purposes of this section.
(4) Public availability.--
(A) In general.--The unclassified portion of the report
required by paragraph (1) shall be made available to the
public, including through publication in the Federal
Register.
(B) Nonapplicability of confidentiality requirement with
respect to visa records.--The President shall publish the
list required by paragraph (1)(A) without regard to the
requirements of section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or
refusal of visas or permits to enter the United States.
(5) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Appropriations, the Committee on
Foreign Relations, the Committee on Banking, Housing, and
Urban Affairs, and the Committee on the Judiciary of the
Senate; and
(B) the Committee on Appropriations, the Committee on
Foreign Affairs, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives.
(d) Sunset.--
(1) In general.--The authority to impose sanctions under
subsection (b) and the requirement to submit reports under
subsection (c) shall terminate on the date that is 6 years
after the date of the enactment of this Act.
(2) Continuation in effect of sanctions.--Sanctions imposed
under subsection (b) on or before the date specified in
paragraph (1), and in effect as of such date, shall remain in
effect until terminated in accordance with the requirements
of subsection (b)(4).
(e) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) United states person.--The term ``United States
person'' means a person that is a United States citizen,
permanent resident alien, entity organized under the laws of
the United States or any jurisdiction within the United
States (including foreign branches), or any person in the
United States.
(4) Person.--The term ``person'' means an individual or
entity.
(5) Public corruption.--The term ``public corruption''
means the unlawful exercise of entrusted public power for
private gain, including by bribery, nepotism, fraud, or
embezzlement.
SEC. 1284. JUSTICE FOR VICTIMS OF KLEPTOCRACY.
(a) Forfeited Property.--
(1) In general.--Chapter 46 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 988. Accounting of certain forfeited property
``(a) Accounting.--The Attorney General shall make
available to the public an accounting of any property
relating to foreign government corruption that is forfeited
to the United States under section 981 or 982.
``(b) Format.--The accounting described under subsection
(a) shall be published on the website of the Department of
Justice in a format that includes the following:
``(1) A heading as follows: `Assets stolen from the people
of ______ and recovered by the United States', the blank
space being filled with the name of the foreign government
that is the target of corruption.
``(2) The total amount recovered by the United States on
behalf of the foreign people that is the target of corruption
at the time when such recovered funds are deposited into the
Department of Justice Asset Forfeiture Fund or the Department
of the Treasury Forfeiture Fund.
``(c) Updated Website.--The Attorney General shall update
the website of the Department of Justice to include an
accounting of any new property relating to foreign government
corruption that has been forfeited to the United States under
section 981 or 982
[[Page S7855]]
not later than 14 days after such forfeiture, unless such
update would compromise an ongoing law enforcement
investigation.''.
(2) Clerical amendment.--The table of sections for chapter
46 of title 18, United States Code, is amended by adding at
the end the following:
``988. Accounting of certain forfeited property.''.
(b) Sense of Congress.--It is the sense of Congress that
recovered assets be returned for the benefit of the people
harmed by the corruption under conditions that reasonably
ensure the transparent and effective use, administration, and
monitoring of returned proceeds.
______
SA 4297. Mr. BLUMENTHAL (for himself and Ms. Klobuchar) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS
AFFAIRS JOINT REPORT ON CONSTRUCTION OF NEW
NATIONAL CEMETERY AND ELIGIBILITY STANDARDS FOR
ARLINGTON NATIONAL CEMETERY.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to
Congress a report that includes--
(1) a proposal for the construction of a new national
cemetery to be--
(A) capable of providing full military honors; and
(B) administered by the Department of Veterans Affairs; and
(2) the assessment of the Secretary of Defense with respect
to any revisions that should be made to the revised criteria
for interment at Arlington National Cemetery prescribed
pursuant to section 598 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 38 U.S.C. 2402 note) to ensure such criteria
recognize exceptional service and honors.
(b) Limitation on Revisions to Criteria.--The Secretary of
Defense may not make any revisions to the revised internment
criteria described in paragraph (2) of subsection (a) until
the Secretary has submitted the report required under such
subsection.
______
SA 4298. Mr. BLUMENTHAL (for himself and Ms. Ernst) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title XII, insert the
following:
SEC. 1216. SUPPORT FOR NATIONALS OF AFGHANISTAN WHO ARE
APPLICANTS FOR SPECIAL IMMIGRANT VISAS OR FOR
REFERRAL TO THE UNITED STATES REFUGEE
ADMISSIONS PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that
the United States should increase support for nationals of
Afghanistan who aided the United States mission in
Afghanistan during the past 20 years and are now under threat
from the Taliban, specifically such nationals of Afghanistan,
in Afghanistan or third countries, who are applicants for--
(1) special immigrant visas under the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8)
or section 1059 of the National Defense Authorization Act for
Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-163); or
(2) referral to the United States Refugee Admissions
Program as refugees (as defined in section 101(a)(42) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(42))),
including as Priority 2 refugees.
(b) Support for Nationals of Afghanistan.--The Secretary of
State, in coordination with the Secretary of Homeland
Security and the heads of other relevant Federal departments
and agencies, shall--
(1) prioritize for evacuation from Afghanistan nationals of
Afghanistan described in subsection (a);
(2) facilitate the rapid departure from Afghanistan of such
nationals of Afghanistan by air charter and land passage;
(3) provide letters of support, diplomatic notes, and other
documentation, as appropriate, to ease transit for such
nationals of Afghanistan;
(4) engage governments of relevant countries to better
facilitate evacuation of such nationals of Afghanistan;
(5) disseminate frequent updates to such nationals of
Afghanistan and relevant nongovernmental organizations with
respect to evacuation from Afghanistan;
(6) identify or establish sufficient locations outside
Afghanistan that will accept such nationals of Afghanistan
during application processing; and
(7) increase capacity to better support such nationals of
Afghanistan and reduce their application processing times,
while ensuring strict and necessary security vetting,
including, to the extent practicable, by allowing such
nationals of Afghanistan to receive referrals to the United
States Refugee Admissions Program while they are still in
Afghanistan so as to initiate application processing more
expeditiously.
(c) Strategy.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Homeland Security and the
heads of other relevant Federal departments and agencies,
shall submit to the appropriate committees of Congress a
strategy for the safe processing abroad of nationals of
Afghanistan described in subsection (a).
(2) Elements.--The strategy required by paragraph (1) shall
include steps to be taken by the United States Government to
fulfill each requirement under subsection (b).
(3) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Monthly Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and monthly thereafter until
December 31, 2022, the Secretary of State, in coordination
with the Secretary of Homeland Security and the heads of
other relevant Federal departments and agencies, shall submit
to the appropriate committees of Congress a report on efforts
to support nationals of Afghanistan described in subsection
(a).
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) The number of nationals of Afghanistan referred to the
United States Refugee Admissions Program as Priority 1 and
Priority 2 refugees since August 29, 2021.
(B) An assessment of whether each such refugee--
(i) remains in Afghanistan; or
(ii) is outside Afghanistan.
(C) With respect to nationals of Afghanistan who have
applied for referral to the United States Refugee Program,
the number applications that--
(i) have been approved;
(ii) have been denied; and
(iii) are pending adjudication.
(D) The number of nationals of Afghanistan who have pending
applications for special immigrant visas described in
subsection (a)(1), disaggregated by the special immigrant
visa processing steps completed with respect to such
individuals.
(E) A description of the measures taken to implement the
strategy under subsection (c).
(3) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations, the Committee on
the Judiciary, the Committee on Homeland Security and
Governmental Affairs; and the Committee on Armed Services of
the Senate; and
(2) the Committee on Foreign Affairs, the Committee on the
Judiciary, the Committee on Homeland Security, and the
Committee on Armed Services of the House of Representatives.
______
SA 4299. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. POSSE COMITATUS.
Section 1385 of title 18, United States Code, is amended--
(1) by striking ``Whoever'' and inserting ``(a) Whoever'';
(2) by striking ``the Army or the Air Force'' and inserting
``an Armed Force under the jurisdiction of the Secretary of a
military department (as those terms are defined in section
101 of title 10)''; and
(3) by adding at the end the following:
``(b) Notwithstanding any other provision of law, any
evidence obtained by or with the assistance of a member of
the Armed Forces in violation of subsection (a) shall not be
received in evidence in any trial, hearing, or other
proceeding in or before any court, grand jury, department,
officer, agency, regulatory body, legislative committee, or
other authority of the United States, a State, or a political
subdivision thereof.''.
______
SA 4300. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
[[Page S7856]]
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle G of title V, add the following:
SEC. 596. REQUIREMENT OF CONSENT OF THE CHIEF EXECUTIVE
OFFICER FOR CERTAIN FULL-TIME NATIONAL GUARD
DUTY PERFORMED IN A STATE, TERRITORY, OR THE
DISTRICT OF COLUMBIA.
Section 502(f)(2)(A) of title 32, United States Code, is
amended by inserting ``and performed inside the United States
with the consent of the chief executive officer of the State
(as that term is defined in section 901 of this title)''
after ``Defense''.
______
SA 4301. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle D of title VIII, add the following:
SEC. 844. PILOT PROGRAM ON DEFENSE INNOVATION OPEN TOPICS.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Defense, in
coordination with the Under Secretary of Defense for Research
and Engineering, the Secretary of the Air Force, Secretary of
the Army, and the Secretary of the Navy, shall establish
defense innovation open topic activities using the Small
Business Innovation Research Program in order to--
(1) increase the transition of commercial technology to the
Department of Defense;
(2) expand the small business nontraditional defense
industrial base;
(3) increase commercialization derived from defense
investments;
(4) increase diversity and participation among self-
certified small-disadvantaged businesses, minority-owned
businesses, and disabled veteran-owned businesses; and
(5) expand the ability for qualifying small businesses to
propose technology solutions to meet defense needs.
(b) Frequency.--The Department of Defense and the military
services shall conduct not less than one open topic
announcement per fiscal year.
(c) Briefing.--Not later than 180 days after the date of
teh enactment of this Act, the Secretary of Defense shall
provide the congressional defense committees a briefing on
the establishment of the program required by subsection (a).
(d) Termination.--The pilot program authorized in
subsection (a) shall terminate on October 1, 2025.
______
SA 4302. Mr. BLUMENTHAL (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title VI, insert the
following:
SEC. ___. ACQUISITION STRATEGY TO MODERNIZE THE JOINT STRIKE
FIGHTER PROPULSION SYSTEM.
(a) In General.--Not later than 14 days after the date on
which the budget of the President for fiscal year 2023 is
submitted to Congress pursuant to section 1105 of title 31,
United States Code, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees a report on the modernization of the F135
propulsion system or the integration of the Adaptive Engine
Transition Program propulsion system into the Joint Strike
Fighter (JSF).
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A cost benefit analysis of--
(A) integrating the Adaptive Engine Transition Program
propulsion system into each of the JSF aircraft variants;
(B) modernizing or upgrading the existing F135 propulsion
system on each of the JSF variants;
(C) future associated infrastructure and sustainment costs
of the modernized engine;
(D) cost savings associated with variant and Partner
commonality; and
(E) assess all activities and costs to retrofit and sustain
all JSF with a modernized propulsion system.
(2) An implementation plan to implement such strategy.
(3) A schedule annotating pertinent milestones and yearly
fiscal resource requirements for the implementation of a
modernized JSF propulsion system.
______
SA 4303. Mr. SCHATZ (for himself and Ms. Hirono) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. BROADBAND DEFENSE FUND.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
National Telecommunications Information Administration.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) State.--The term ``State'' means a State of the United
States and the District of Columbia.
(4) Submarine cable landing station.--The term ``submarine
cable landing station'' means a cable landing station, as
that term is used in section 1.767(a)(5) of title 47, Code of
Federal Regulations (or any successor regulation), that can
be utilized to land a submarine cable by an entity that has
obtained a license under the first section of the Act
entitled ``An Act relating to the landing and operation of
submarine cables in the United States'', approved May 27,
1921 (47 U.S.C. 34) (commonly known as the ``Cable Landing
Licensing Act'').
(5) Team telecom.--The term ``Team Telecom'' means the
interagency working committee of the Federal Communications
Commission, the Department of Defense, the Department of
Homeland Security, and the Department of Justice, as
described in the Report and Order of the Federal
Communications Commission issued on October 1, 2020 entitled
``Process Reform for Executive Branch Review of Certain FCC
Applications and Petitions Involving Foreign Ownership''.
(6) Transport capacity.--The term ``transport capacity''--
(A) means broadband transmission capability that does not
predominantly serve end users or the last mile of the
transmission network; and
(B) may include interoffice transport, backhaul, Internet
connectivity, middle mile, or long-haul service used for
transport of broadband data between network locations other
than end-user premises or devices.
(b) Broadband Defense Fund.--
(1) NTIA administration.--Not later than 1 year after the
date on which amounts are made available under paragraph (1),
the Administration shall establish the Broadband Defense Fund
to provide--
(A) transport capacity in or to connect to States where the
headquarters of the United States Indo-Pacific Command are
located; and
(B) open access carrier neutral submarine cable landing
stations in States where the headquarters of the United
States Indo-Pacific Command are located.
(2) Award of support.--The Administration shall establish a
process to award amounts from the Broadband Defense Fund
under this section in accordance with the following
requirements:
(A) Support shall be awarded only for deployment,
maintenance, and operation of transport broadband capacity,
in locations or on routes that are not supported or expected
to be supported under any other of the high-cost universal
service support programs of the Federal Communications
Commission.
(B) The Administration shall establish criteria for
awarding support in a manner consistent with this section,
including supporting the broadband needs of the United States
Indo-Pacific Command and the surrounding communities.
(3) Obligations of fund recipients.--
(A) In general.--The Administration shall ensure that each
recipient of amounts from the Broadband Defense Fund is
legally, technically, and financially qualified to complete
the required broadband deployment within the term of support.
(B) Access.--Recipients of amounts from the Broadband
Defense Fund shall provide carrier-neutral wholesale access
to landing spots and transport capacity supported by the
Fund--
(i) on just, reasonable, affordable, and reasonably non-
discriminatory terms, as determined by rules issued by the
Administration; and
(ii) at rates no higher than the national average wholesale
price of comparable wholesale telecommunications transport
services, as determined by the Administration.
(C) Vender vetting.--Any grant, subgrant, or contract
awarded using amounts from the Broadband Defense Fund
relating to a submarine cable landing station or undersea
transport capacity activity may only be
[[Page S7857]]
awarded to a vendor that has been vetted and approved by Team
Telecom.
(4) Appropriations.--The Broadband Defense Fund shall
consist of amounts appropriated to the Broadband Defense Fund
by an Act of Congress.
______
SA 4304. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle D of title VIII, add the following:
SEC. 844. ENTREPRENEURIAL INNOVATION PROJECT DESIGNATIONS.
(a) In General.--
(1) Designating certain sbir and sttr programs as
entrepreneurial innovation projects.--Chapter 139 of title
10, United States Code, is amended by inserting after section
2359b the following new section:
``Sec. 2359c Entrepreneurial Innovation Project designations
``(a) In General.--During the first fiscal year beginning
after the date of the enactment of this section, and during
each subsequent fiscal year, each Secretary concerned, in
consultation with the each chief of an armed force under the
jurisdiction of the Secretary concerned, shall designate not
less than five eligible programs as Entrepreneurial
Innovation Projects.
``(b) Application.--An eligible program seeking designation
as an Entrepreneurial Innovation Project under this section
shall submit to the Secretary concerned an application at
such time, in such manner, and containing such information as
the Secretary concerned determines appropriate.
``(c) Designation Criteria.--In making designations under
subsection (a), the Secretary concerned shall consider--
``(1) the potential of the eligible program to--
``(A) advance the national security capabilities of the
United States;
``(B) provide new technologies or processes, or new
applications of existing technologies, that will enable new
alternatives to existing programs; and
``(C) provide future cost savings;
``(2) whether an advisory panel has recommended the
eligible program for designation; and
``(3) such other criteria that the Secretary concerned
determines to be appropriate.
``(d) Designation Benefits.--
``(1) Future years defense program inclusion.--With respect
to each designated program, the Secretary of Defense shall
include in the next future-years defense program the
estimated expenditures of such designated program. In the
preceding sentence, the term `next future-years defense
program' means the future-years defense program submitted to
Congress under section 221 of this title after the date on
which such designated program is designated under subsection
(a).
``(2) Programming proposal.--Each designated program shall
be included by the Secretary concerned under a separate
heading in any programming proposals submitted to the
Secretary of Defense.
``(3) PPBE component.--Each designated program shall be
considered by the Secretary concerned as an integral part of
the planning, programming, budgeting, and execution process
of the Department of Defense.
``(e) Entrepreneurial Innovation Advisory Panels.--
``(1) Establishment.--For each military department, the
Secretary concerned shall establish an advisory panel that,
starting in the first fiscal year beginning after the date of
the enactment of this section, and in each subsequent fiscal
year, shall identify and recommend to the Secretary concerned
for designation under subsection (a) eligible programs based
on the criteria described in subsection (c)(1).
``(2) Membership.--
``(A) Composition.--
``(i) In general.--Each advisory panel shall be composed of
four members appointed by the Secretary concerned and one
member appointed by the chief of the relevant armed force
under the jurisdiction of the Secretary concerned.
``(ii) Secretary concerned appointments.--The Secretary
concerned shall appoint members to the advisory panel as
follows:
``(I) Three members who--
``(aa) have experience with private sector entrepreneurial
innovation, including development and implementation of such
innovations into well established markets; and
``(bb) are not employed by the Federal Government.
``(II) One member who is in the Senior Executive Service in
the acquisition workforce (as defined in section 1705 of this
title) of the relevant military department.
``(iii) Service chief appointment.--The chief of an armed
force under the jurisdiction of the Secretary concerned shall
appoint to the advisory panel one member who is a member of
such armed forces.
``(B) Terms.--
``(i) Private sector members.--Members described in
subparagraph (A)(ii)(I) shall serve for a term of three
years, except that of the members first appointed--
``(I) one shall serve a term of one year;
``(II) one shall serve a term of two years; and
``(III) one shall serve a term of three years.
``(ii) Federal government employees.--Members described in
clause (ii)(II) or (iii) of subparagraph (A) shall serve for
a term of two years, except that the first member appointed
under subparagraph (A)(iii) shall serve for a term of one
year.
``(C) Chair.--The chair for each advisory panel shall be as
follows:
``(i) For the first year of operation of each such advisory
panel, and every other year thereafter, the member appointed
under subparagraph (A)(iii).
``(ii) For the second year of operation of each such
advisory panel, and every other year thereafter, the member
appointed under subparagraph (A)(ii)(II).
``(D) Vacancies.--A vacancy in an advisory panel shall be
filled in the same manner as the original appointment.
``(E) Conflict of interest.--Members and staff of each
advisory panel shall disclose to the relevant Secretary
concerned, and such Secretary concerned shall mitigate to the
extent practicable, any professional or organizational
conflict of interest of such members or staff arising from
service on the advisory panel.
``(F) Compensation.--
``(i) Private sector member compensation.--Except as
provided in clause (ii), members of an advisory panel, and
the support staff of such members, shall be compensated at a
rate determined reasonable by the Secretary concerned and
shall be reimbursed in accordance with section 5703 of title
5 for reasonable travel costs and expenses incurred in
performing duties as members of an advisory panel.
``(ii) Prohibition on compensation of federal employees.--
Members of an advisory panel who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on an advisory panel.
``(3) Selection process.--
``(A) Initial selection.--Each advisory panel shall select
not less than ten eligible programs that have submitted an
application under subsection (b).
``(B) Program plans.--
``(i) In general.--Each eligible program selected under
subparagraph (A) may submit to the advisory panel that
selected such eligible program a program plan containing the
five-year goals, execution plans, schedules, and funding
needs of such eligible program.
``(ii) Support.--Each Secretary concerned shall, to the
greatest extent practicable, provide eligible programs
selected under subparagraph (A) with access to information to
support the development of the program plans described in
clause (i).
``(C) Final selection.--Each advisory panel shall recommend
to the Secretary concerned for designation under subsection
(a) not less than five eligible programs that submitted a
program plan under subparagraph (B) to such advisory panel.
If there are less than five such eligible programs, such
advisory panel may recommend to the Secretary concerned for
designation under subsection (a) less than five such eligible
programs.
``(4) Administrative and technical support.--The Secretary
concerned shall provide the relevant advisory panel with such
administrative support, staff, and technical assistance as
the Secretary concerned determines necessary for such
advisory panel to carry out it duties.
``(5) Funding.--The Secretary of Defense may use amounts
available from the Department of Defense Acquisition
Workforce Development Account established under section 1705
of this title to support the activities of advisory panels.
``(6) Inapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App) shall not apply to the advisory
panels established under this subsection.
``(f) Revocation of Designation.--If the Secretary
concerned determines that a designated program cannot
reasonably meet the objectives of such designated program in
the relevant programming proposal referred to in subsection
(d)(2) or such objectives are irrelevant, such Secretary
concerned may revoke the designation.
``(g) Report to Congress.--The Secretary of Defense shall
submit to Congress an annual report describing each
designated program and the progress each designated program
has made toward achieving the objectives of the designated
program.
``(h) Definitions.--In this section:
``(1) Advisory panel.--The term `advisory panel' means an
advisory panel established under subsection (e)(1).
``(2) Designated program.--The term `designated program'
means an eligible program that has been designated as an
Entrepreneurial Innovation Project under this section.
``(3) Eligible program.--The term `eligible program' means
work performed pursuant to a Phase III agreement (as such
term is defined in section 9(r)(2) of the Small Business Act
(15 U.S.C. 638(r)(2))).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 139 of title 10, United States Code, is
amended by inserting after the item related to section 2359b
the following new item:
[[Page S7858]]
``2359c. Entrepreneurial Innovation Project designations.''.
(b) Establishment Deadline.--Not later than 120 days after
the date of the enactment of this Act, the Secretaries of
each military department shall establish the advisory panels
described in section 2359c(e) of title 10, United States
Code, as added by subsection (a).
(c) Future Transfer.--
(1) Transfer and redesignation.--Section 2359c of title 10,
United States Code, as added by subsection (a), is
transferred to chapter 303 of such title, added after section
4066, as transferred and redesignated by section 1842(b) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
and redesignated as section 4067.
(2) Clerical amendments.--
(A) Target chapter table of sections.--The table of
sections at the beginning of chapter 303 of title 10, United
States Code, as added by section 1842(a) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), is amended by
inserting after the item related to section 4066 the
following new item:
``4067. Entrepreneurial Innovation Project designations.''.
(B) Origin chapter table of sections.--The table of
sections at the beginning of chapter 139 of title 10, United
States Code, is amended by striking the item relating to
section 2359c.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2022.
(4) References; saving provision; rule of construction.--
Sections 1883 through 1885 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) shall apply with respect to the
amendments made under this subsection as if such amendments
were made under title XVIII of such Act.
______
SA 4305. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in title II, insert the
following:
SEC. ___. ACQUISITION STRATEGY TO MODERNIZE THE JOINT STRIKE
FIGHTER PROPULSION SYSTEM.
(a) In General.--Not later than 14 days after the date on
which the budget of the President for fiscal year 2023 is
submitted to Congress pursuant to section 1105 of title 31,
United States Code, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees a report on the modernization of the F135
propulsion system or the integration of the Adaptive Engine
Transition Program propulsion system into the Joint Strike
Fighter (JSF).
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A cost benefit analysis of--
(A) integrating the Adaptive Engine Transition Program
propulsion system into each of the JSF aircraft variants;
(B) modernizing or upgrading the existing F135 propulsion
system on each of the JSF variants;
(C) future associated infrastructure and sustainment costs
of the modernized engine;
(D) cost savings associated with variant and Partner
commonality; and
(E) assess all activities and costs to retrofit and sustain
all JSF with a modernized propulsion system.
(2) An implementation plan to implement such strategy.
(3) A schedule annotating pertinent milestones and yearly
fiscal resource requirements for the implementation of a
modernized JSF propulsion system.
______
SA 4306. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle D of title III, add the following:
SEC. 356. RESTRICTION ON PROCUREMENT OR PURCHASING BY
DEPARTMENT OF DEFENSE OF CERTAIN ITEMS
CONTAINING PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES.
(a) Prohibition on Procurement and Purchasing.--The
Secretary of Defense may not procure or purchase any covered
item for use in a child development center if such item
contains an intentionally added perfluoroalkyl substance or
polyfluoroalkyl substance.
(b) Implementation.--
(1) Inclusion in contracts.--The Secretary shall include
the prohibition under subsection (a) in any contracts to
procure covered items for use in child development centers.
(2) No requirement for testing.--The Secretary shall not
have an obligation to test covered items procured for use in
child development centers to confirm the absence of
perfluoroalkyl substances or polyfluoroalkyl substances.
(c) Definitions.--In this section:
(1) Covered item.--The term ``covered item'' means--
(A) nonstick cookware or cooking utensils for use in
kitchen or dining facilities;
(B) upholstered furniture, carpets, and rugs;
(C) food packaging materials;
(D) furniture or floor waxes;
(E) mattresses, nap mats or cots, and bedding materials;
and
(F) cleaning products.
(2) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a man-made chemical of which all of the
carbon atoms are fully fluorinated carbon atoms.
(3) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance'' means a man-made chemical containing at least one
fully fluorinated carbon atom and at least one non-fully
fluorinated carbon atom.
(d) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
______
SA 4307. Mrs. SHAHEEN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1224. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR
DETAINED ISIS MEMBERS AND RELEVANT DISPLACED
POPULATIONS IN SYRIA.
Section 1224 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642) is
amended--
(a) by striking subsection (a);
(b) by amending subsection (b) to read as follows:
``(a) Designation.--
``(1) In general.--The President, in consultation with the
Secretary of Defense, the Secretary of State, the Director of
National Intelligence, the Secretary of the Treasury, the
Administrator of the United States Agency for International
Development, and the Attorney General, shall designate an
existing official to serve within the executive branch as
senior-level coordinator to coordinate, in conjunction with
other relevant agencies, all matters related to ISIS members
who are in the custody of the Syrian Democratic Forces and
other relevant displaced populations in Syria, including--
``(A) the long-term disposition of such individuals,
including in all matters related to--
``(i) repatriation, transfer, prosecution, and
intelligence-gathering;
``(ii) all multilateral and international engagements led
by the Department of State and other agencies that are
related to the current and future handling, detention, and
prosecution of such ISIS members, including such engagements
with the International Criminal Police Organization; and
``(iii) the coordination of the provision of technical and
evidentiary assistance to foreign countries to aid in the
successful prosecution of such ISIS members, as appropriate,
in accordance with international humanitarian law and other
internationally recognized human rights and rule of law
standards;
``(B) all multilateral and international engagements
related to humanitarian access and provision of basic
services to, and freedom of movement and security and safe
return of, internally displaced persons and refugees at camps
or facilities in Syria that hold family members of such ISIS
members;
``(C) coordination with relevant agencies on matters
described in this section; and
``(D) any other matter the Secretary of State considers
relevant.
``(2) Rule of construction.--If, on the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2022, an individual has already been designated,
consistent with the requirements and responsibilities
described in paragraph (1), the requirements under that
paragraph shall be considered to be satisfied with respect to
such individual until the date on which such individual no
longer serves as the Coordinator.'';
(c) in subsection (c), by striking ``subsection (b)'' and
inserting ``subsection (a)'';
(d) by amending subsection (d) to read as follows:
``(d) Annual Report.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this Act, and not less frequently than
once each year
[[Page S7859]]
thereafter through January 31, 2024, the Coordinator, in
coordination with the relevant agencies, shall submit to the
appropriate committees of Congress a detailed report that
includes the following:
``(A) A detailed description of the facilities where
detained ISIS members are being held, including security and
management of such facilities and adherence to international
humanitarian law standards.
``(B) A description of all multilateral and international
engagements related to humanitarian access and provision of
basic services to, and freedom of movement and security and
safe return of, internally displaced persons and refugees at
camps or facilities in Iraq, Syria, and any other area
affected by ISIS activity, including a description of--
``(i) support for efforts by the Syrian Democratic Forces'
to facilitate the return of refugees from Iraq and Syria;
``(ii) repatriation efforts with respect to displaced women
and children;
``(iii) any current or future potential threat to United
States national security interests posed by detained ISIS
members, including an analysis of the Al-Hol camp and
annexes; and
``(iv) United States Government plans and strategies to
respond to any threat identified under clause (iii).
``(C) An analysis of all United States efforts to prosecute
detained ISIS members and the outcomes of such efforts. Any
information, the disclosure of which may violate Department
of Justice policy or law, relating to a prosecution or
investigation may be withheld from a report under this
subsection.
``(D) A detailed description of any option to expedite
prosecution of any detained ISIS member, including in a court
of competent jurisdiction outside of the United States.
``(E) An analysis of factors on the ground in Syria and
Iraq that may result in the unintended release of detained
ISIS members, and an assessment of any measures available to
mitigate such releases.
``(F) A detailed description of efforts to coordinate the
disposition and security of detained ISIS members with other
countries and international organizations, including the
International Criminal Police Organization, to ensure secure
chains of custody and locations of such ISIS members.
``(G) An analysis of the manner in which the United States
Government communicates on such proposals and efforts to the
families of United States citizens believed to be a victim of
a criminal act by a detained ISIS member.
``(H) An analysis of all efforts between the United States
and partner countries within the Global Coalition to Defeat
ISIS or other countries to share intelligence or evidence
that may aid in the prosecution of ISIS members, and any
legal obstacles that may hinder such efforts.
``(I) Any other matter the Coordinator considers
appropriate.
``(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.'';
(e) in subsection (e), by striking ``January 31, 2021'' and
inserting ``January 31, 2024'';
(f) in subsection (f)--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Coordinator.--The term `Coordinator' means the
individual designated under subsection (a).''; and
(3) by adding at the end the following new paragraph:
``(4) Relevant agencies.--The term `relevant agencies'
means--
``(A) the Department of State;
``(B) the Department of Defense;
``(C) the Department of the Treasury;
``(D) the Department of Justice;
``(E) the United States Agency for International
Development;
``(F) the Office of the Director of National Intelligence;
and
``(G) any other agency the President considers relevant.'';
and
(g) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively.
______
SA 4308. Mrs. BLACKBURN (for herself and Mr. Tillis) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 376. BRIEFING ON SPENDING RELATING TO DIVERSITY, EQUITY,
AND INCLUSION INITIATIVES OF DEPARTMENT OF
DEFENSE.
The Under Secretary of Defense (Comptroller), with the
submission of the annual budget of the Department of Defense
submitted by the President under section 1105(a) of title 31,
United States Code, for fiscal year 2023, shall brief the
congressional defense committees on--
(1) all spending planned to implement guidance or
recommendations from the workforce council of the Deputy
Secretary of Defense, including the activities specified in
the memorandum of the Deputy Secretary of Defense dated March
11, 2021;
(2) all spending planned to implement guidance or
recommendations from the Countering Extremism Working Group
of the Department; and
(3) a financial accounting of planned expenditures for the
implementation of paragraphs (1) or (2), including--
(A) amounts requested for appropriation for operation and
maintenance for the Department for full-time equivalent
employees for such implementation; and
(B) amounts requested for appropriation for military
personnel for the Department for man hours of members of the
Armed Forces for such implementation.
______
SA 4309. Mr. SCOTT of Florida (for himself and Ms. Sinema) submitted
an amendment intended to be proposed to amendment SA 3867 submitted by
Mr. Reed and intended to be proposed to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. EXTENSION OF CUSTOMS WATERS OF THE UNITED STATES.
(a) Tariff Act of 1930.--Section 401(j) of the Tariff Act
of 1930 (19 U.S.C. 1401(j)) is amended--
(1) by striking ``means, in the case'' and inserting the
following: ``means--
``(1) in the case'';
(2) by striking ``of the coast of the United States'' and
inserting ``from the baselines of the United States
(determined in accordance with international law)'';
(3) by striking ``and, in the case'' and inserting the
following: ``; and
``(2) in the case'';
(4) by striking ``the waters within four leagues of the
coast of the United States.'' and inserting the following:
``the waters within--
``(A) the territorial sea of the United States, to the
limits permitted by international law in accordance with
Presidential Proclamation 5928 of December 27, 1988; and
``(B) the contiguous zone of the United States, to the
limits permitted by international law in accordance with
Presidential Proclamation 7219 of September 2, 1999.''.
(b) Anti-Smuggling Act.--Section 401(c) of the Anti-
Smuggling Act (19 U.S.C. 1709(c)) is amended--
(1) by striking ``means, in the case'' and inserting the
following: ``means--
``(1) in the case'';
(2) by striking ``of the coast of the United States'' and
inserting ``from the baselines of the United States
(determined in accordance with international law)'';
(3) by striking ``and, in the case'' and inserting the
following: ``; and
``(2) in the case'';
(4) by striking ``the waters within four leagues of the
coast of the United States.'' and inserting the following:
``the waters within--
``(A) the territorial sea of the United States, to the
limits permitted by international law in accordance with
Presidential Proclamation 5928 of December 27, 1988; and
``(B) the contiguous zone of the United States, to the
limits permitted by international law in accordance with
Presidential Proclamation 7219 of September 2, 1999.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the day after the date of the enactment
of this Act.
______
SA 4310. Mr. BURR (for himself and Mr. Tillis) submitted an amendment
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and
intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title X of division A, add the
following:
SEC. 10__. LUMBEE TRIBE OF NORTH CAROLINA RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254, chapter 375), is
amended--
(1) by striking section 2;
(2) in the first sentence of the first section, by striking
``That the Indians'' and inserting the following:
``SEC. 3. DESIGNATION OF LUMBEE INDIANS.
``The Indians'';
(3) in the preamble--
(A) by inserting before the first undesignated clause the
following:
``SECTION 1. FINDINGS.
``Congress finds that--'';
(B) by designating the undesignated clauses as paragraphs
(1) through (4), respectively, and indenting appropriately;
[[Page S7860]]
(C) by striking ``Whereas'' each place it appears;
(D) by striking ``and'' after the semicolon at the end of
each of paragraphs (1) and (2) (as so designated); and
(E) in paragraph (4) (as so designated), by striking ``:
Now, therefore,'' and inserting a period;
(4) by moving the enacting clause so as to appear before
section 1 (as so designated);
(5) by striking the last sentence of section 3 (as
designated by paragraph (2));
(6) by inserting before section 3 (as designated by
paragraph (2)) the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of
North Carolina or the Lumbee Indians of North Carolina.'';
and
(7) by adding at the end the following:
``SEC. 4. FEDERAL RECOGNITION.
``(a) In General.--Federal recognition is extended to the
Tribe (as designated as petitioner number 65 by the Office of
Federal Acknowledgment).
``(b) Applicability of Laws.--All laws and regulations of
the United States of general application to Indians and
Indian tribes shall apply to the Tribe and its members.
``(c) Petition for Acknowledgment.--Notwithstanding section
3, any group of Indians in Robeson and adjoining counties,
North Carolina, whose members are not enrolled in the Tribe
(as determined under section 5(d)) may petition under part 83
of title 25 of the Code of Federal Regulations for
acknowledgment of tribal existence.
``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.
``(a) In General.--The Tribe and its members shall be
eligible for all services and benefits provided by the
Federal Government to federally recognized Indian tribes.
``(b) Service Area.--For the purpose of the delivery of
Federal services and benefits described in subsection (a),
those members of the Tribe residing in Robeson, Cumberland,
Hoke, and Scotland counties in North Carolina shall be deemed
to be residing on or near an Indian reservation.
``(c) Determination of Needs.--On verification by the
Secretary of a tribal roll under subsection (d), the
Secretary and the Secretary of Health and Human Services
shall--
``(1) develop, in consultation with the Tribe, a
determination of needs to provide the services for which
members of the Tribe are eligible; and
``(2) after the tribal roll is verified, each submit to
Congress a written statement of those needs.
``(d) Tribal Roll.--
``(1) In general.--For purpose of the delivery of Federal
services and benefits described in subsection (a), the tribal
roll in effect on the date of enactment of this section
shall, subject to verification by the Secretary, define the
service population of the Tribe.
``(2) Verification limitation and deadline.--The
verification by the Secretary under paragraph (1) shall--
``(A) be limited to confirming documentary proof of
compliance with the membership criteria set out in the
constitution of the Tribe adopted on November 16, 2001; and
``(B) be completed not later than 2 years after the
submission of a digitized roll with supporting documentary
proof by the Tribe to the Secretary.
``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.
``(a) In General.--Notwithstanding any other provision of
law, the Secretary is hereby authorized to take land into
trust for the benefit of the Tribe.
``(b) Treatment of Certain Land.--An application to take
into trust land located within Robeson County, North
Carolina, under this section shall be treated by the
Secretary as an `on reservation' trust acquisition under part
151 of title 25, Code of Federal Regulations (or a successor
regulation).
``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.
``(a) In General.--With respect to land located within the
State of North Carolina that is owned by, or held in trust by
the United States for the benefit of, the Tribe, or any
dependent Indian community of the Tribe, the State of North
Carolina shall exercise jurisdiction over--
``(1) all criminal offenses that are committed; and
``(2) all civil actions that arise.
``(b) Transfer of Jurisdiction.--
``(1) In general.--Subject to paragraph (2), the Secretary
may accept on behalf of the United States, after consulting
with the Attorney General of the United States, any transfer
by the State of North Carolina to the United States of any
portion of the jurisdiction of the State of North Carolina
described in subsection (a) over Indian country occupied by
the Tribe pursuant to an agreement between the Tribe and the
State of North Carolina.
``(2) Restriction.--A transfer of jurisdiction described in
paragraph (1) may not take effect until 2 years after the
effective date of the agreement described in that paragraph.
``(c) Effect.--Nothing in this section affects the
application of section 109 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1919).
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.
``SEC. 9. SHORT TITLE.
``This Act may be cited as the `Lumbee Tribe of North
Carolina Recognition Act'.''.
______
SA 4311. Ms. DUCKWORTH (for herself, Mr. Young, Mr. Heinrich, Mr.
Bennet, Ms. Klobuchar, Ms. Rosen, Mrs. Feinstein, Mr. Peters, Mr. King,
Mr. Kelly, Mr. Durbin, Mr. Blumenthal, Mrs. Gillibrand, Ms. Hirono, and
Mrs. Shaheen) submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1216. AFGHANISTAN WAR COMMISSION ACT OF 2021.
(a) Short Title.--This section may be cited as the
``Afghanistan War Commission Act of 2021''
(b) Definitions.--In this section:
(1) Applicable period.--The term ``applicable period''
means the period beginning June 1, 2001 and ending August 30,
2021.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Armed Services of the House of
Representatives;
(E) the Committee on Foreign Affairs of the House of
Representatives; and
(F) the Permanent Select Committee on Intelligence of the
House of Representatives.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(c) Establishment of Commission.--
(1) Establishment.--There is established the Afghanistan
War Commission (in this section referred to as the
``Commission'').
(2) Membership.--
(A) Composition.--The Commission shall be composed of 12
members of whom--
(i) 1 shall be appointed by the Chairman of the Committee
on Armed Services of the Senate;
(ii) 1 shall be appointed by the ranking member of the
Committee on Armed Services of the Senate;
(iii) 1 shall be appointed by the Chairman of the Committee
on Armed Services of the House of Representatives;
(iv) 1 shall be appointed by the ranking member of the
Committee on Armed Services of the House of Representatives;
(v) 1 shall be appointed by the Chairman of the Committee
on Foreign Relations of the Senate;
(vi) 1 shall be appointed by the ranking member of the
Committee on Foreign Relations of the Senate;
(vii) 1 shall be appointed by the Chairman of the Committee
on Foreign Affairs of the House of Representatives;
(viii) 1 shall be appointed by the ranking member of the
Committee on Foreign Affairs of the House of Representatives;
(ix) 1 shall be appointed by the Chairman of the Select
Committee on Intelligence of the Senate;
(x) 1 shall be appointed by the ranking member of the
Select Committee on Intelligence of the Senate.
(xi) 1 shall be appointed by the Chairman of the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(xii) 1 shall be appointed by the ranking member of the
Permanent Select Committee on Intelligence of the House of
Representatives.
(B) Qualifications.--It is the sense of Congress that each
member of the Commission appointed under subparagraph (A)
should have significant professional experience from a
position in--
(i) the Department of Defense;
(ii) the Department of State;
(iii) the intelligence community;
(iv) the United States Agency for International
Development; or
(v) a relevant academic or scholarly institution.
(C) Prohibitions.--A member of the Commission appointed
under subparagraph (A) may not--
(i) be a current member of Congress or a former member of
Congress who served in Congress after January 3, 2001;
(ii) have served in military or civilian positions having
significant operational or strategic decision-making
responsibilities for conducting United States Government
actions in Afghanistan during the applicable period; or
(iii) have been a party to any United States or coalition
defense contract during the applicable period.
(D) Date.--The appointments of the members of the
Commission shall be made not later than 60 days after the
date of enactment of this Act.
[[Page S7861]]
(3) Period of appointment; vacancies.--
(A) In general.--A member of the Commission shall be
appointed for the life of the Commission.
(B) Vacancies.--A vacancy in the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment.
(4) Meetings.--
(A) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the first meeting of the
Commission.
(B) Frequency.--The Commission shall meet at the call of
the Chairperson.
(C) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(5) Chairperson and vice chairperson.--The Commission shall
select, by a simple majority vote, a Chairperson and a Vice
Chairperson from among the members of the Commission who
volunteer to perform such roles.
(d) Purpose of Commission.-- The purpose of the Commission
is to examine the war in Afghanistan, create strategic and
grand strategic lessons learned, and develop recommendations
for the Government of the United States and future
policymakers and senior military decision makers in the
United States.
(e) Duties of Commission.--
(1) Study.--
(A) In general.--The Commission shall conduct a thorough
study of all matters relating to combat operations,
reconstruction and security force assistance activities,
intelligence operations, and diplomatic activities of the
United States pertaining to the war in Afghanistan.
(B) Matters studied.--The matters studied by the Commission
shall include--
(i) the activities and actions of the United States in and
related to Afghanistan immediately prior to the attacks on
September 11, 2001, and during the initial invasion of
Afghanistan by the United States;
(ii) the resurgence of the Taliban and other combatants
during the applicable period;
(iii) the efficacy of the various military missions
conducted by United States and coalition forces, including
train, advise, and assist operations, security and stability
operations, and counter-narcotics and counter-terrorism
operations, and the extent to which such missions conflicted;
(iv) peace negotiations involving the United States, the
Islamic Republic of Afghanistan, and the Taliban; and
(v) the withdrawal of the United States military from
Afghanistan.
(C) Contents.--The study required under subparagraph (A)
shall include the following elements:
(i) An analysis of the political and strategic decisions
that influenced--
(I) interactions of the Government of the United States
with the Government of Afghanistan;
(II) the strategic objectives of the war, including how
such objectives changed, during the applicable period and the
extent to which such objectives furthered strategies by the
United States to terminate the war;
(III) the number of members of the Armed Services in
Afghanistan during the applicable period;
(IV) the command and control relationships of the Armed
Forces;
(V) the integration of military forces with other
instruments of United States national power; and
(VI) the metrics used for measuring and reporting progress
towards strategic objectives and the extent to which such
metrics were analytically effective or accurate.
(ii) A statement addressing the military, diplomatic, and
intelligence interactions of the United States with Pakistan
during the applicable period, including any interactions
between Government of Pakistan and the Government of
Afghanistan or the Taliban.
(iii) An examination of the participation in the war in
Afghanistan by member states of the North Atlantic Treaty
Organization.
(iv) An examination of the long-term impact of the war in
Afghanistan on government institutions in the United States.
(v) An examination of the authorities used to conduct the
war and an assessment of the effectiveness of legislative
actions taken to conduct oversight of the war.
(vi) A description of any other matters that the Commission
determines significantly affected the conduct and the outcome
of the war in Afghanistan.
(vii) Recommendations for legislation and administrative
actions to address any shortcomings in the conduct of the war
in Afghanistan identified by the Commission.
(2) Reports required.--
(A) In general.--
(i) Annual report.--Not later than 1 year after the date of
the initial meeting of the Commission, and annually
thereafter, the Commission shall submit to the appropriate
congressional committees a report describing the progress of
the Commission.
(ii) Final report.--Not later than 4 years after the date
of the initial meeting of the Commission, the Commission
shall submit to the President and Congress a report that
contains a detailed statement of the findings and conclusions
of the Commission, together with the recommendations of the
Commission.
(B) Form.--The report required by subparagraph (A)(ii)
shall be submitted and publicly released on a Government
website in unclassified form but may contain a classified
annex, which the Commission shall make every effort to ensure
is classified at the lowest classification level.
(C) Subsequent reports on declassification.--
(i) In general.--Not later than 2 years after the date that
the report required by subparagraph (A)(ii) is submitted and
every 2 years thereafter until the entirety of the classified
annex of such report is declassified and publicly available,
each relevant agency of jurisdiction shall submit to the
committee of jurisdiction a report on the efforts of such
agency to declassify such annex.
(ii) Contents.--Each report required by clause (i) shall
include--
(I) a list of the items in the classified annex that the
agency is working to declassify at the time of the report and
an estimate of the timeline for declassification of such
items;
(II) a broad description of items in the annex that the
agency is declining to declassify at the time of the report;
and
(III) any justification for withholding declassification of
certain items in the annex and an estimate of the timeline
for declassification of such items.
(f) Powers of Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out this section.
(2) Assistance from federal agencies.--
(A) Information.--
(i) In general.--The Commission may secure directly from a
Federal department or agency such information as the
Commission considers necessary to carry out this section.
(ii) Furnishing information.--On request of the Chairperson
of the Commission, the head of the department or agency shall
expeditiously furnish the information to the Commission.
(B) General services.--Upon the request of the Commission,
the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative
support services and office space necessary for the
Commission to carry out its purposes and functions under this
section.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) Nonapplicability of Federal Advisory Committee Act.--
(1) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(2) Public meetings and release of public versions of
reports.--The Commission shall--
(A) hold public hearings and meetings to the extent
appropriate; and
(B) release public versions of the reports required under
subsection (e)(2).
(3) Public hearings.--Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.
(h) Commission Personnel Matters.--
(1) Compensation of members.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) Staff.--
(A) In general.--The Chairperson, in consultation with the
Vice Chairperson of the Commission, may, without regard to
the civil service laws (including regulations), appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to
perform its duties, except that the employment of an
executive director shall be subject to confirmation by the
Commission.
(B) Qualifications for personnel.--The Chairperson and the
Vice Chairperson of the Commission shall give preference in
such appointments under subparagraph (A) to individuals from
academic backgrounds, and former military personnel should
include representation from the reserve components
(C) Compensation.--The Chairperson, in consultation with
the Vice Chairperson of the Commission, may fix the
compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay for the executive director and
[[Page S7862]]
other personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of that title.
(4) Detail of government employees.--A Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson, in consultation with the Vice Chairperson of
the Commission, may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of that
title.
(6) Security clearances.--The appropriate departments or
agencies of the United States shall cooperate with the
Commission in expeditiously providing to the members and
staff of the Commission appropriate security clearances to
the extent possible pursuant to existing procedures and
requirements.
(i) Termination of Commission.--The Commission shall
terminate 90 days after the date on which the Commission
submits the report required under subsection (e)(2)(A)(ii).
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Commission such amounts as necessary to carry out
activities under this section.
(2) Availability.--Any sums appropriated under the
authorization contained in this section shall remain
available, without fiscal year limitation, until the date of
the termination of the Commission under subsection (i).
______
SA 4312. Ms. DUCKWORTH submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ____. NATIONAL SERVICE CORPS FOR MILITARY SPOUSES AND
DEPENDENTS.
(a) Amendment to NCSA.--Part I of subtitle C of title I of
the National and Community Service Act of 1990 (42 U.S.C.
12571 et seq.) is amended by adding at the end the following:
``SEC. 127. NATIONAL SERVICE CORPS FOR MILITARY SPOUSES AND
DEPENDENTS.
``(a) In General.--The Corporation shall enter into an
interagency agreement under section 121(b) with the Secretary
of Defense to carry out the program under this section, which
shall be known as the `National Service Corps for Miliary
Spouses and Dependents' (referred to in this section as `the
Corps'), and which shall be funded by the Department of
Defense and carried out by the Corporation in accordance with
the terms and conditions of this subtitle, unless otherwise
specified.
``(b) Membership.--Notwithstanding section 137, the Corps
shall be composed of--
``(1) military spouses; and
``(2) dependent children who are not younger than age 16
and not older than age 26.
``(c) Number of Participants.--The number of participants
in the program under this section shall not exceed 1000.
``(d) Activities.--The recipient of a grant supported under
the interagency agreement described in subsection (a) shall
use a portion of the financial assistance or positions
involved, directly or through subgrants to other entities, to
support or carry out activities to address community needs,
as determined by the Corporation, which may include
activities described in section 122, as full- or part-time
programs.
``(e) Benefits.--
``(1) In general.--Participants in the program under this
section shall be eligible for the living allowance and other
benefits described in section 140, except for the benefits
described in subsections (d) and (e) of that section.
``(2) Health benefits.--The Corporation shall ensure that
the interagency agreement described in subsection (a)
establishes that the Secretary of Defense shall provide
coverage under a health plan, as determined by the Secretary
of Defense, for all participants in the program under this
section who are not covered beneficiaries under the TRICARE
program (as that term is defined in section 1072 of title 10,
United States Code).
``(3) Educational award.--Participants in the program under
this section shall be eligible for a national service
educational award.
``(f) Early Release From Service for Compelling Personal
Circumstances.--
``(1) Release.--Notwithstanding any other provision of this
Act, as determined by the Secretary of Defense, a Corps
member may be released from completing a term of service in
the approved national service position for compelling
personal circumstances.
``(2) Award.--A Corps member who is released under
paragraph (1) is eligible to receive a pro-rated national
service educational award if--
``(A) the Corps member has completed at least 15 percent of
the Corps member's term of service;
``(B) the Corps member, or a member of the Corps member's
family, receives military orders, such as a permanent change
of station (PCS), that necessitate the Corps member's
relocation away from the Corps member's service site; and
``(C) the Corps member is unable to secure an appropriate
reassignment as described in subsection (g).
``(g) Necessary Relocation.--A member of the Corps who must
relocate due to a permanent change of station (PCS) or other
military order shall, to the extent practicable, continue the
member's term of service with the member's current assignment
or by securing an appropriate reassignment. The Secretary of
Defense shall support, to the extent practicable, such a
relocating Corps member who wishes to continue the term of
service.''.
(b) Department of Defense.--
(1) In general.--The Secretary of Defense shall enter into
an interagency agreement with the Corporation for National
and Community Service as described in section 127 of the
National and Community Service Act of 1990 (as added by
subsection (a) of this section), and shall provide funding to
the Corporation to carry out such section.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Defense, such sums as
may be necessary to carry out paragraph (1), including such
sums as may be necessary to provide a national service
educational award for each participant under such section
127.
(c) Effective Date.--This section, and the amendments made
by this section, shall take effect on the date that is 1 year
after the date of enactment of this section.
______
SA 4313. Ms. DUCKWORTH (for herself, Mr. Cassidy, and Mr. Kennedy)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 376. PROHIBITION ON HOUSING OF CHIMPANZEES AT
INSTALLATIONS OF THE AIR FORCE.
(a) In General.--On or after May 31, 2022, the Secretary of
the Air Force may not house chimpanzees at any installation
of the Department of the Air Force.
(b) Transport of Chimpanzees.--
(1) In general.--Any chimpanzees currently housed at an
installation of the Department of the Air Force shall be
transported to Chimp Haven in Louisiana, beginning not later
than the date of the enactment of this Act.
(2) Completion of transport.--All transport of chimpanzees
required under paragraph (1) shall be completed by not later
than May 31, 2022.
______
SA 4314. Ms. DUCKWORTH (for herself, Ms. Ernst, and Mrs. Fischer)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 318. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Defense shall conduct a
pilot program on the use of sustainable aviation fuel by the
Department of Defense.
(2) Design of program.--The pilot program shall be designed
to--
(A) identify any logistical challenges with respect to the
use of sustainable aviation fuel by the Department;
(B) promote understanding of the technical and performance
characteristics of sustainable aviation fuel when used in a
military setting; and
(C) engage nearby commercial airports to explore
opportunities and challenges to partner on increased use of
sustainable aviation fuel.
(b) Selection of Facilities.--
(1) Selection.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
select not fewer than two geographically diverse facilities
of the Department at which to carry out the pilot program.
(B) Onsite refinery.--Not fewer than one facility selected
under subparagraph (A) shall be a facility with an onsite
refinery that is located in proximity to not fewer than one
major commercial airport that is
[[Page S7863]]
also actively seeking to increase the use of sustainable
aviation fuel.
(2) Notice to congress.--Upon the selection of each
facility under paragraph (1), the Secretary shall submit to
the appropriate committees of Congress notice of the
selection, including an identification of the facility
selected.
(c) Use of Sustainable Aviation Fuel.--
(1) Plans.--For each facility selected under subsection
(b), not later than one year after the selection of the
facility, the Secretary shall--
(A) develop a plan on how to implement, by September 30,
2028, a target of exclusively using at the facility aviation
fuel that is blended to contain not less than 10 percent
sustainable aviation fuel;
(B) submit the plan developed under subparagraph (A) to the
appropriate committees of Congress; and
(C) provide to the appropriate committees of Congress a
briefing on such plan that includes, at a minimum--
(i) a description of any operational, infrastructure, or
logistical requirements and recommendations for the blending
and use of sustainable aviation fuel; and
(ii) a description of any stakeholder engagement in the
development of the plan, including any consultations with
nearby commercial airport owners or operators.
(2) Implementation of plans.--For each facility selected
under subsection (b), during the period beginning on a date
that is not later than September 30, 2028, and for five years
thereafter, the Secretary shall require, in accordance with
the respective plan developed under paragraph (1), the
exclusive use at the facility of aviation fuel that is
blended to contain not less than 10 percent sustainable
aviation fuel.
(d) Criteria for Sustainable Aviation Fuel.--Sustainable
aviation fuel used under the pilot program shall meet the
following criteria:
(1) Such fuel shall be produced in the United States from
domestic feedstock sources.
(2) Such fuel shall constitute drop-in fuel that meets all
specifications and performance requirements of the Department
of Defense and the Armed Forces.
(e) Waiver.--The Secretary may waive the use of sustainable
aviation fuel at a facility under the pilot program if the
Secretary--
(1) determines such use is not feasible due to a lack of
domestic availability of sustainable aviation fuel or a
national security contingency; and
(2) submits to the congressional defense committees notice
of such waiver and the reasons for such waiver.
(f) Final Report.--
(1) In general.--At the conclusion of the pilot program,
the Assistant Secretary of Defense for Energy, Installations,
and Environment shall submit to the appropriate committees of
Congress a final report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include each of the following:
(A) An assessment of the effect of using sustainable
aviation fuel on the overall fuel costs of blended fuel.
(B) A description of any operational, infrastructure, or
logistical requirements and recommendations for the blending
and use of sustainable aviation fuel, with a focus on scaling
up adoption of such fuel throughout the Armed Forces.
(C) Recommendations with respect to how military
installations can leverage proximity to commercial airports
and other jet fuel consumers to increase the rate of use of
sustainable aviation fuel, for both military and non-military
use, including potential collaboration on innovative
financing or purchasing and shared supply chain
infrastructure.
(D) A description of the effects on performance and
operation of aircraft using sustainable aviation fuel,
including--
(i) if used, considerations of various blending ratios and
their associated benefits;
(ii) efficiency and distance improvements of flights using
sustainable aviation fuel;
(iii) weight savings on large transportation aircraft and
other types of aircraft with using blended fuel with higher
concentrations of sustainable aviation fuel;
(iv) maintenance benefits of using sustainable aviation
fuel, including engine longevity;
(v) the effect of the use of sustainable aviation fuel on
emissions and air quality;
(vi) the effect of the use of sustainable aviation fuel on
the environment and on surrounding communities, including
environmental justice factors that are created by the demand
for and use of sustainable aviation fuel by the Department of
Defense; and
(vii) benefits with respect to job creation in the
sustainable aviation fuel production and supply chain.
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) Sustainable aviation fuel defined.--The term
``sustainable aviation fuel'' means liquid fuel that--
(A) consists of synthesized hydrocarbon;
(B) meets the requirements of--
(i) ASTM International Standard D7566 (or successor
standard); or
(ii) the co-processing provisions of ASTM International
Standard D1655, Annex A1 (or successor standard);
(C) is derived from biomass (as such term is defined in
section 45K(c)(3) of the Internal Revenue Code of 1986),
waste streams, renewable energy sources, or gaseous carbon
oxides; and
(D) is not derived from palm fatty acid distillates.
______
SA 4315. Mr. SCHATZ submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 318. REVISION OF ENERGY PROCUREMENT POLICIES OF
DEPARTMENT OF DEFENSE TO PROCURE RESILIENT AND
CLEAN ENERGY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) revise the procurement policies of the Department of
Defense that are not otherwise required by law to ensure that
the military departments and Defense Agencies may only enter
into a contract with a public utility service provider that
has an option for the procurement of resilient electricity
and clean electricity to power the installations and
facilities of the military department or Defense Agency
concerned; and
(2) establish a procurement plan to reasonably and
expeditiously transition all existing contracts of the
military departments and Defense Agencies with public utility
service providers to new contracts that meet the procurement
policies described in paragraph (1).
(b) Military Departments and Defense Agencies.--Consistent
with the policies required to be revised under subsection
(a)(1), the Secretary of each military department and the
head of each Defense Agency shall revise the procurement
policies, practices, training, and procedures for the
military department or Defense Agency concerned that are not
otherwise required by law to ensure that procurement
officials of the military department or Defense Agency
concerned may only acquire commercial energy services that
have an option for the procurement of resilient electricity
and clean electricity to power the installations and
facilities of the military department or Defense Agency
concerned.
(c) Limitation on the Use of Renewable Energy Credits and
Carbon Offsets.--
(1) Renewable energy credits.--To the extent practicable,
in carrying out subsections (a) and (b), the Secretary of
each military department and the head of each Defense Agency
shall avoid acquiring commercial energy services from a
public utility provider that offers renewable energy credits
that were sold separately from the renewable energy with
which they are associated to satisfy the requirements of
having a resilient electricity and clean electricity option.
(2) Carbon offsets.--In meeting the procurement
requirements under subsection (a)(1), the Secretary of
Defense shall ensure that each military department and
Defense Agency does not use carbon offsets.
(d) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary
of Defense shall submit to the congressional defense
committees a report--
(1) providing a progress report on the transition of
existing public utility services contracts of the Department
to meet the procurement policies required under subsection
(a)(1);
(2) describing the procurement plan required under
subsection (a)(2); and
(3) identifying any challenges to carrying out such
procurement plan.
(e) Rule of Construction.--Nothing in this section shall be
construed to require the Department of Defense to invest in
capital projects for the purposes of generating electricity
to power the installations and facilities of the military
departments and Defense Agencies, including military
installation resilience projects under section 2815 of title
10, United States Code, energy resilience and conservation
construction projects under section 2914 of such title, or
financing of third-party capital construction of energy
projects under any other provision of law.
(f) Definitions.--In this section:
(1) Clean electricity.--The term ``clean electricity''
means electricity generated from sources that result in
access to electricity without the production of carbon
emissions, including--
(A) renewable and nuclear energy; and
(B) traditional generation with carbon capture and storage.
(2) Military installation.--The term ``military
installation'' means an installation of the Department of
Defense under the jurisdiction of the Secretary of a military
department that is located in a State, territory, or other
possession of the United States.
(3) Resilient electricity.--The term ``resilient
electricity'' means uninterrupted and
[[Page S7864]]
assured access to electricity to meet critical mission
availability.
______
SA 4316. Mr. BOOKER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, insert the
following:
SEC. 1264. REPORTS ON POTENTIAL GENOCIDE, CRIMES AGAINST
HUMANITY, OR WAR CRIMES IN ETHIOPIA.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter
until the date on which current hostilities in the Tigray
region of Ethiopia have ceased due to a ceasefire or peace
agreement, the Secretary of State, after consultation with
the heads of other Federal departments and agencies
represented on the Atrocity Early Warning Task Force and with
representatives of human rights organizations, shall submit
to the appropriate committees of Congress a report that
includes a determination with respect to whether actions in
Ethiopia by the military forces of Ethiopia and Eritrea or
other armed actors constitute--
(1) genocide (as defined in section 1091 of title 18,
United States Code);
(2) crimes against humanity; or
(3) war crimes.
(b) Form.--Each report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex that is provided separately.
(c) Public Availability.--The Secretary shall make each
report submitted under subsection (a) available to the public
on an internet website of the Department of State.
(d) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
______
SA 4317. Mr. BOOKER (for himself and Mr. Scott of South Carolina)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. DEPARTMENT OF STATE STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary of State shall establish the
Department of State Student Internship Program (referred to
in this section as the ``Program'') to offer internship
opportunities at the Department of State to eligible students
to raise awareness of the essential role of diplomacy in the
conduct of United States foreign policy and the realization
of United States foreign policy objectives.
(b) Eligibility.--An applicant is eligible to participate
in the Program if the applicant--
(1) is enrolled (not less than half-time) at--
(A) an institution of higher education (as defined section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); or
(B) an institution of higher education based outside of the
United States, as determined by the Secretary of State;
(2) is able to receive and hold an appropriate security
clearance; and
(3) satisfies such other criteria as the Secretary may
establish pursuant to subsection (c).
(c) Selection.--The Secretary of State shall establish
selection criteria for students to be admitted into the
Program, including--
(1) a demonstrable interest in a career in foreign affairs;
(2) strong academic performance; and
(3) such other criteria as the Secretary may establish.
(d) Outreach.--The Secretary of State shall--
(1) widely advertise the Program, including on the
internet, through--
(A) the Department of State's Diplomats in Residence
Program; and
(B) other outreach and recruiting initiatives targeting
undergraduate and graduate students; and
(2) actively encourage people belonging to traditionally
under-represented groups in terms of racial, ethnic,
geographic, and gender diversity, and disability status to
apply to the Program, including by conducting targeted
outreach at minority serving institutions (as described in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a))).
(e) Compensation.--
(1) In general.--Students participating in the Program
shall be paid not less than the greater of--
(A) the amount specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); or
(B) the minimum wage of the jurisdiction in which the
internship is located.
(2) Housing assistance.--
(A) Abroad.--The Secretary of State shall provide housing
assistance to any student participating in the Program whose
permanent address is within the United States if the location
of the internship in which such student is participating is
outside of the United States.
(B) Domestic.--The Secretary of State is authorized to
provide housing assistance to a student participating in the
Program whose permanent address is within the United States
if the location of the internship in which such student is
participating is more than 50 miles away from such student's
permanent address.
(3) Travel assistance.--The Secretary of State shall
provide financial assistance to any student participating in
the Program whose permanent address is within the United
States that covers the round trip costs of traveling from the
location of the internship in which such student is
participating (including travel by air, train, bus, or other
appropriate transit), if the location of such internship is--
(A) more than 50 miles from such student's permanent
address; or
(B) outside of the United States.
(f) Working With Institutions of Higher Education.--The
Secretary of State is authorized to enter into agreements
with institutions of higher education to structure
internships to ensure such internships satisfy criteria for
academic programs in which participants in such internships
are enrolled.
(g) Transition Period.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary of State shall
transition all unpaid internship programs of the Department
of State, including the Foreign Service Internship Program,
to internship programs that offer compensation. Upon
selection as a candidate for entry into an internship program
of the Department of State after such date, a participant in
such internship program shall be afforded the opportunity to
forgo compensation, including if doing so allows such
participant to receive college or university curricular
credit.
(2) Exception.--The transition required under paragraph (1)
shall not apply in the case of unpaid internship programs of
the Department of State that are part of the Virtual Student
Federal Service Internship Program.
(3) Waiver.--
(A) In general.--The Secretary of State may waive the
requirement under paragraph (1) to transition an unpaid
internship program of the Department to an internship program
that offers compensation if the Secretary determines and, not
later than 30 days after any such determination, submits a
report to the appropriate congressional committees that
explains why such transition would not be consistent with
effective management goals.
(B) Report.--The report required under subparagraph (A)
shall describe the reason why transitioning an unpaid
internship program of the Department of State to an
internship program that offers compensation would not be
consistent with effective management goals, including any
justification for maintaining such unpaid status
indefinitely, or any additional authorities or resources
necessary to transition such unpaid program to offer
compensation in the future.
(h) Reports.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of State shall
submit a report to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives that includes--
(1) data, to the extent collection of such information is
permissible by law, regarding the number of students
(disaggregated by race, ethnicity, gender, institution of
higher learning, home State, State where each student
graduated from high school, and disability status) who
applied to the Program, were offered a position, and
participated;
(2) data regarding--
(A) the number of security clearance investigations started
for such students; and
(B) the timeline for such investigations, including--
(i) whether such investigations were completed; and
(ii) when an interim security clearance was granted;
(3) information on Program expenditures; and
(4) information regarding the Department of State's
compliance with subsection (g).
(i) Data Collection Policies.--
(1) Voluntary participation.--Nothing in this section may
be construed to compel any student who is a participant in an
internship program of the Department of State to participate
in the collection of the data or divulge any personal
information. Such students shall be informed that their
participation in the data collection contemplated by this
section is voluntary.
(2) Privacy protection.--Any data collected under this
section shall be subject to
[[Page S7865]]
the relevant privacy protection statutes and regulations
applicable to Federal employees.
(j) Special Hiring Authority.--The Secretary of State may--
(1) offer compensated internships that last up to 52 weeks;
and
(2) select, appoint, employ, and remove individuals in such
compensated internships without regard to the provisions of
law governing appointments in the competitive service.
______
SA 4318. Mr. BOOKER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. PILOT PROGRAM ON DOULA SUPPORT FOR VETERANS.
(a) Findings.--Congress finds the following:
(1) There are approximately 2,300,000 women within the
veteran population in the United States.
(2) The number of women veterans using services from the
Veterans Health Administration has increased by 28.8 percent
from 423,642 in 2014 to 545,670 in 2019.
(3) During the period of 2010 through 2015, the use of
maternity services from the Veterans Health Administration
increased by 44 percent.
(4) Although prenatal care and delivery is not provided in
facilities of the Department of Veterans Affairs, pregnant
women seeking care from the Department for other conditions
may also need emergency care and require coordination of
services through the Veterans Community Care Program under
section 1703 of title 38, United States Code.
(5) The number of unique women veteran patients with an
obstetric delivery paid for by the Department increased by
1,778 percent from 200 deliveries in 2000 to 3,756 deliveries
in 2015.
(6) The number of women age 35 years or older with an
obstetric delivery paid for by the Department increased 16-
fold from fiscal year 2000 to fiscal year 2015.
(7) A study in 2010 found that veterans returning from
Operation Enduring Freedom and Operation Iraqi Freedom who
experienced pregnancy were twice as likely to have a
diagnosis of depression, anxiety, posttraumatic stress
disorder, bipolar disorder, or schizophrenia as those who had
not experienced a pregnancy.
(8) The number of women veterans of reproductive age
seeking care from the Veterans Health Administration
continues to grow (more than 185,000 as of fiscal year 2015).
(b) Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish a pilot program to furnish doula services to
covered veterans through eligible entities by expanding the
Whole Health model of the Department of Veterans Affairs, or
successor model, to measure the impact that doula support
services have on birth and mental health outcomes of pregnant
veterans (in this section referred to as the ``pilot
program'').
(2) Consideration.--In carrying out the pilot program, the
Secretary shall consider all types of doulas, including
traditional and community-based doulas.
(3) Consultation.--In designing and implementing the pilot
program, the Secretary shall consult with stakeholders,
including--
(A) organizations representing veterans, including veterans
that are disproportionately impacted by poor maternal health
outcomes;
(B) community-based health care professionals, including
doulas, and other stakeholders; and
(C) experts in promoting health equity and combating racial
bias in health care settings.
(4) Goals.--The goals of the pilot program are the
following:
(A) To improve--
(i) maternal, mental health, and infant care outcomes;
(ii) integration of doula support services into the Whole
Health model of the Department, or successor model; and
(iii) the experience of women receiving maternity care from
the Department, including by increasing the ability of a
woman to develop and follow her own birthing plan.
(B) To reengage veterans with the Department after giving
birth.
(c) Locations.--The Secretary shall carry out the pilot
program in--
(1) the three Veterans Integrated Service Networks of the
Department that have the highest percentage of female
veterans enrolled in the patient enrollment system of the
Department established and operated under section 1705(a) of
title 38, United States Code, compared to the total number of
enrolled veterans in such Network; and
(2) the three Veterans Integrated Service Networks that
have the lowest percentage of female veterans enrolled in the
patient enrollment system compared to the total number of
enrolled veterans in such Network.
(d) Open Participation.--The Secretary shall allow any
eligible entity or covered veteran interested in
participating in the pilot program to participate in the
pilot program.
(e) Services Provided.--
(1) In general.--Under the pilot program, a covered veteran
shall receive not more than 10 sessions of care from a doula
under the Whole Health model of the Department, or successor
model, under which a doula works as an advocate for the
veteran alongside the medical team for the veteran.
(2) Sessions.--Sessions covered under paragraph (1) shall
be as follows:
(A) Three or four sessions before labor and delivery.
(B) One session during labor and delivery.
(C) Three or four sessions after post-partum, which may be
conducted via the mobile application for VA Video Connect.
(f) Administration of Pilot Program.--
(1) In general.--The Office of Women's Health of the
Department of Veterans Affairs, or successor office (in this
section referred to as the ``Office''), shall--
(A) coordinate services and activities under the pilot
program;
(B) oversee the administration of the pilot program; and
(C) conduct onsite assessments of medical facilities of the
Department that are participating in the pilot program.
(2) Guidelines for veteran-specific care.--The Office shall
establish guidelines under the pilot program for training
doulas on military sexual trauma and post traumatic stress
disorder.
(3) Amounts for care.--The Office may recommend to the
Secretary appropriate payment amounts for care and services
provided under the pilot program, which shall not exceed
$3,500 per doula per veteran.
(g) Doula Service Coordinator.--
(1) In general.--The Secretary, in consultation with the
Office, shall establish a Doula Service Coordinator within
the functions of the Maternity Care Coordinator at each
medical facility of the Department that is participating in
the pilot program.
(2) Duties.--A Doula Service Coordinator established under
paragraph (1) at a medical facility shall be responsible
for--
(A) working with eligible entities, doulas, and covered
veterans participating in the pilot program; and
(B) managing payment between eligible entities and the
Department under the pilot program.
(3) Tracking of information.--A doula providing services
under the pilot program shall report to the applicable Doula
Service Coordinator after each session conducted under the
pilot program.
(4) Coordination with women's program manager.--A Doula
Service Coordinator for a medical facility of the Department
shall coordinate with the women's program manager for that
facility in carrying out the duties of the Doula Service
Coordinator under the pilot program.
(h) Term of Pilot Program.--The Secretary shall conduct the
pilot program for a period of 5 years.
(i) Technical Assistance.--The Secretary shall establish a
process to provide technical assistance to eligible entities
and doulas participating in the pilot program.
(j) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for each
year in which the pilot program is carried out, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the pilot program.
(2) Final report.--As part of the final report submitted
under paragraph (1), the Secretary shall include
recommendations on whether the model studied in the pilot
program should be continued or more widely adopted by the
Department.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary, for each of fiscal years
2022 through 2027, such sums as may be necessary to carry out
this section.
(l) Definitions.--In this section:
(1) Covered veteran.--The term ``covered veteran'' means a
pregnant veteran or a formerly pregnant veteran (with respect
to sessions post-partum) who is enrolled in the patient
enrollment system of the Department of Veterans Affairs
established and operated under section 1705(a) of title 38,
United States Code.
(2) Eligible entity.--The term ``eligible entity'' means an
entity that provides medically accurate, comprehensive
maternity services to covered veterans under the laws
administered by the Secretary, including under the Veterans
Community Care Program under section 1703 of title 38, United
States Code.
(3) VA video connect.--The term ``VA Video Connect'' means
the program of the Department of Veterans Affairs to connect
veterans with their health care team from anywhere, using
encryption to ensure a secure and private session.
______
SA 4319. Mr. BOOKER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and
[[Page S7866]]
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title VI, add the following:
SEC. 607. PROVISION OF UNIFORM AND EQUIPMENT TO CADETS AT
SERVICE ACADEMIES.
(a) United States Military Academy.--Section 7450 of title
10, United States Code, is amended to read as follows:
``Sec. 7450. Cadets: clothing and equipment
``The Secretary of the Army shall provide to each cadet, at
no cost to the cadet, the cadet's initial issue of clothing
and equipment.''.
(b) United States Naval Academy.--
(1) In general.--Section 8460 of such title is amended to
read as follows:
``Sec. 8460. Midshipmen: clothing and equipment
``The Secretary of the Navy shall provide to each
midshipman, at no cost to the midshipman, the midshipman's
initial issue of clothing and equipment.''.
(2) Clerical amendment.--The table of sections for chapter
853 of such title is amended by striking the item relating to
section 8460 and inserting the following new item:
``8460. Midshipmen: clothing and equipment.''.
(c) United States Air Force Academy.--Section 9450 of such
title is amended to read as follows:
``Sec. 9450. Cadets: clothing and equipment
``The Secretary of the Air Force shall provide to each
cadet, at no cost to the cadet, the cadet's initial issue of
clothing and equipment.''.
(d) United States Coast Guard Academy.--
(1) In general.--Section 1927 of title 14, United States
Code, is amended to read as follows:
``Sec. 1927. Cadets; clothing and equipment
``The Secretary shall provide to each cadet, at no cost to
the cadet, the cadet's initial issue of clothing and
equipment.''.
(2) Clerical amendment.--The table of sections for chapter
19 of such title is amended by striking the item relating to
section 1927 and inserting the following new item:
``1927. Cadets; clothing and equipment.''.
(e) United States Merchant Marine Academy.--Section 51308
of title 46, United States Code, is amended by inserting
``(at not cost to the cadet)'' after ``textbooks''.
______
SA 4320. Mr. BOOKER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VI, add the following:
SEC. 607. REIMBURSEMENT FOR COSTS OF TRANSPORTING HOUSEHOLD
PETS TO OR FROM AN OVERSEAS DUTY STATION.
Section 453 of title 37, United States Code, is amended by
adding at the end the following new subsection:
``(h) Transportation of Household Pets.--
``(1) In general.--The administering Secretary may
reimburse a member of a uniformed service who makes a
permanent change of station between a duty station in the
United States and a duty station outside the United States
for costs associated with the transportation of a household
pet between such stations through any service not operated by
the Department of Defense.
``(2) Limitation.--The amount of a reimbursement to a
member under paragraph (1) may not exceed $4,000.''.
______
SA 4321. Mr. BOOKER (for himself and Mr. Blumenthal) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. PILOT PROGRAM ON PROVISION OF PLANT-BASED PROTEIN
OPTIONS TO MEMBERS OF THE NAVY.
(a) Establishment.--Not later than March 1, 2022, the
Secretary of the Navy shall establish a pilot program to
offer plant-based protein options at forward operating bases
for consumption by members of the Navy.
(b) Locations.--Not later than March 1, 2022, the Secretary
of the Navy shall select not fewer than two naval facilities
to participate in the pilot program established under
subsection (a) and shall prioritize the selection of
facilities where livestock-based protein options may be
costly to obtain or store, such as Joint Region Marianas,
Guam, Navy Support Facility, Diego Garcia, and United States
Fleet Activities Sasebo, Japan.
(c) Termination.--The requirement to carry out the pilot
program established under subsection (a) shall terminate
three years after the date on which the Secretary of the Navy
establishes the pilot program.
(d) Report.--Not later than one year after the termination
of the pilot program established under subsection (a), the
Secretary of the Navy shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the pilot program that includes the following:
(1) The consumption rate of plant-based protein options by
members of the Navy under the pilot program.
(2) Effective criteria to increase plant-based protein
options at facilities of the Navy not selected under
subsection (b).
(3) An analysis of the costs of obtaining and storing
plant-based protein options compared to the costs of
obtaining and storing livestock-based protein options at
facilities of the Navy selected under subsection (b).
(e) Rule of Construction.--Nothing in this section shall be
construed to prevent offering livestock-based protein options
alongside plant-based protein options at facilities of the
Navy selected under subsection (b).
(f) Plant-based Protein Options Defined.--In this section,
the term ``plant-based protein options'' means edible
products made from plants (such as vegetables, beans, and
legumes), fungi, or other non-animal sources of protein.
______
SA 4322. Mr. TILLIS submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XIV, add the following:
SEC. 1424. AUTHORITY TO ACQUIRE MATERIALS FOR AND DISPOSE OF
MATERIALS FROM NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authority.--Pursuant to section 5(b) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98d(b)), the National Defense Stockpile Manager may dispose
of 4,031,000 pounds of tungsten ores and concentrates
contained in the National Defense Stockpile (in addition to
any amount previously authorized for disposal).
(b) Acquisition Authority.--Using funds available in the
National Defense Stockpile Transaction Fund, the National
Defense Stockpile Manager may acquire the following materials
determined to be strategic and critical materials required to
meet the defense, industrial, and essential civilian needs of
the United States:
(1) Neodymium oxide, praseodymium oxide, and neodymium iron
boron (NdFeB) magnet block.
(2) Trinitrotoluene (TNT) or substitute materials.
(3) Titanium.
(c) Amount of Authority.--The National Defense Stockpile
Manager may use up to $50,000,000 in the National Defense
Stockpile Transaction Fund for acquisition of the materials
specified in subsection (b).
(d) Fiscal Year Limitation.--The authority under subsection
(b) is available for purchases during fiscal years 2022
through 2031.
______
SA 4323. Mr. TILLIS submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 318. REPORTS ON MOBILE MICROREACTOR DEVELOPMENT AND
DEPLOYMENT.
(a) Report on Plans for Mobile Microreactor Program.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall submit to the congressional
defense committees a report on the plans by the Department of
Defense for the mobile microreactor program of the
Department.
(2) Limitation on use of funds.--Until the report required
by paragraph (1) is submitted to the congressional defense
committees, the Office of the Under Secretary of Defense for
Research and Engineering may not expend more than 25 percent
of the funds appropriated to such Office for fiscal year
2022.
(b) Report on Regulatory Framework.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, The Secretary of Defense, in
coordination
[[Page S7867]]
with the Secretary of Energy and in consultation with the
Nuclear Regulatory Commission and the commercial nuclear
industry, shall submit to the congressional defense
committees a report on the regulatory framework for the
deployment by the Secretary of Defense of mobile
microreactors.
(2) Contents.--The report required by paragraph (1) shall
include--
(A) a description of the regulatory framework by which the
Secretary of Defense will--
(i) leverage the commercial development of mobile
microreactors to deploy such microreactors to military
installations in the United States;
(ii) designate the head of a component of the Department of
Defense to carry out clause (i); and
(iii) develop a scalable pilot program to identify the
first 5 installations in the United States that are projected
to receive mobile microreactors under clause (i); and
(B) a summary of expected timelines and projected costs for
carrying out clauses (i), (ii), and (iii) of subparagraph
(A); and
(C) such other information as the Secretary of Defense
considers appropriate.
______
SA 4324. Ms. COLLINS submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title I, add the following:
SEC. 164. INCLUSION OF PROPOSALS FOR CANCELLATION OR CERTAIN
MODIFICATIONS OF MULTIYEAR CONTRACTS FOR
ACQUISITION OF PROPERTY IN DEPARTMENT OF
DEFENSE BUDGET JUSTIFICATION MATERIALS.
(a) In General.--Chapter 9 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 239c. Cancellation or certain modifications of
multiyear contracts for acquisition of property: inclusion
of proposals in budget justification materials
``(a) In General.--In the budget justification materials
submitted to Congress in support of the Department of Defense
budget for fiscal year 2023 and each fiscal year thereafter
(as submitted with the budget of the President under section
1105(a) of title 31), the Secretary of Defense shall include
a proposal for any contract of the Department entered into
under section 2306b of this title that--
``(1) the head of an agency intends to cancel; or
``(2) with respect to which the head of agency intends to
effect a covered modification.
``(b) Elements.--Each proposal required by subsection (a)
shall include the following:
``(1) A detailed assessment of expected termination costs
associated with the cancellation or covered modification of
the contract.
``(2) An updated assessment of estimated savings of
carrying out the planned multiyear procurement.
``(3) An explanation of the proposed use of previously
appropriated funds provided by Congress for advance
procurement or procurement of property that would be procured
under the multiyear contract.
``(4) An assessment of expected impacts to the industrial
base, including workload stability, loss of skilled labor,
and reduced efficiencies.
``(c) Definitions.--In this section:
``(1) The term `covered modification' means a modification
that will result in a reduction in the quantity of end items
to be procured.
``(2) The term `head of an agency' means--
``(A) the Secretary of Defense;
``(B) the Secretary of the Army;
``(C) the Secretary of the Navy; or
``(D) the Secretary of the Air Force.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by adding at
the end the following new item:
``239c. Cancellation or certain modifications of multiyear contracts
for acquisition of property: inclusion of proposals in
budget justification materials.''.
______
SA 4325. Mr. CORNYN (for himself and Mr. King) submitted an amendment
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and
intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XII, insert the
following:
SEC. 1253. SENSE OF CONGRESS ON INTEROPERABILITY WITH TAIWAN.
It is the sense of Congress that, consistent with the
Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et
seq.) and the Six Assurances, the United States should seek
to support the goals of--
(1) improving asymmetric defense capabilities of Taiwan;
(2) bolstering deterrence to preserve peace, security, and
stability across the Taiwan Strait; and
(3) deepening interoperability with Taiwan in defense
capabilities, including in--
(A) maritime and air domain awareness; and
(B) integrated air and missile defense systems.
______
SA 4326. Mr. BURR (for himself and Mr. Tillis) submitted an amendment
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and
intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. REVIEW OF ILLNESSES AND CONDITIONS RELATING TO
VETERANS STATIONED AT CAMP LEJEUNE, NORTH
CAROLINA AND THEIR FAMILY MEMBERS.
(a) Review and Publication of Illness or Condition.--Part P
of title III of the Public Health Service Act (42 U.S.C. 280g
et seq.) is amended by adding at the end the following:
``SEC. 399V-7. REVIEW AND PUBLICATION OF ILLNESSES AND
CONDITIONS.
``Consistent with section 104(i) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, not later than 1 year after the date of enactment of
this section, and not less frequently than once every 3 years
thereafter, the Secretary, acting through the Administrator
of the Agency for Toxic Substances and Disease Registry,
shall--
``(1)(A) review the scientific literature relevant to the
relationship between the employment or residence of
individuals at Camp Lejeune, North Carolina for not fewer
than 30 days during the period beginning on August 1, 1953,
and ending on December 31, 1987, and specific illnesses or
conditions incurred by those individuals;
``(B) determine each illness or condition for which there
is evidence that exposure to a toxic substance at Camp
Lejeune, North Carolina, during the period specific in
subparagraph (A) may be a cause of the illness or condition;
and
``(C) with respect to each illness or condition for which a
determination has been made under subparagraph (B),
categorize the evidence of the connection of the illness or
condition to exposure described in that subparagraph as--
``(i) sufficient to conclude with reasonable confidence
that the exposure is a cause of the illness or condition;
``(ii) modest supporting causation, but not sufficient to
conclude with reasonable confidence that exposure is a cause
of the illness or condition; or
``(iii) no more than limited supporting causation;
``(2) publish in the Federal Register and on the Internet
website of the Department of Health and Human Services--
``(A) a list of each illness or condition for which a
determination has been made under paragraph (1)(B), including
the categorization of the evidence of causal connection
relating to the illness or condition under paragraph (1)(C);
and
``(B) the bibliographic citations for all literature
reviewed under paragraph (1) for each illness or condition
listed under such paragraph; and
``(3) update the list under paragraph (2), as applicable,
to add an illness or condition for which a determination has
been made under paragraph (1)(B), including the
categorization of the evidence of causal connection relating
to the illness or condition under paragraph (1)(C), since
such list was last updated consistent with the requirements
of this section.''.
(b) Eligibility for Health Care From Department of Veterans
Affairs.--
(1) In general.--Section 1710(e)(1)(F) of title 38, United
States Code, is amended--
(A) by redesignating clauses (i) through (xv) as subclauses
(I) through (XV), respectively;
(B) by striking ``(F) Subject to'' and inserting ``(F)(i)
Subject to'';
(C) by striking ``any of the following'' and inserting
``any of the illnesses or conditions for which the evidence
of connection of the illness or condition to exposure to a
toxic substance at Camp Lejeune, North Carolina, during such
period is categorized as sufficient or modest in the most
recent list published under section 399V-7(2) of the Public
Health Service Act, which may include any of the following'';
and
(D) by adding at the end the following new clause:
``(ii) For the purposes of ensuring continuation of care,
any veteran who has been furnished hospital care or medical
services under this subparagraph for an illness or condition
shall remain eligible for hospital
[[Page S7868]]
care or medical services for such illness or condition
notwithstanding that the evidence of connection of such
illness or condition to exposure to a toxic substance at Camp
Lejeune, North Carolina, during the period described in
clause (i) is not categorized as sufficient or modest in the
most recent list published under section 399V-7(2) of the
Public Health Service Act.''.
(2) Family members.--Section 1787 of such title is amended
by adding at the end the following new subsection:
``(c) Continuation of Care.--For the purposes of ensuring
continuation of care, any individual who has been furnished
hospital care or medical services under this section for an
illness or condition shall remain eligible for hospital care
or medical services for such illness or condition
notwithstanding that the illness or condition is no longer
described in section 1710(e)(1)(F) of this title.''.
(3) Transfer of amounts for program.--Notwithstanding any
other provision of law, for each of fiscal years 2022 and
2023, the Secretary of Veterans Affairs shall transfer
$2,000,000 from amounts made available to the Department of
Veterans Affairs for medical support and compliance to the
Chief Business Office and Financial Services Center of the
Department to be used to continue building and enhancing the
claims processing system, eligibility system, and web portal
for the Camp Lejeune Family Member Program of the Department.
______
SA 4327. Mr. SULLIVAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE
REPORT ON STRATEGIC SEAPORTS.
Section 50302(c)(6) of title 46, United States Code, is
amended by adding at the end the following:
``(C) Infrastructure improvements identified in the report
on strategic seaports.--In selecting projects described in
paragraph (3) for funding under this subsection, the
Secretary shall consider infrastructure improvements
identified in the report on strategic seaports required by
section 3515 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1985) that
would improve the commercial operations of those seaports.''.
______
SA 4328. Mr. SULLIVAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 12__. SPECIAL IMMIGRANT STATUS FOR NATIONALS OF
AFGHANISTAN EMPLOYED THROUGH A COOPERATIVE
AGREEMENT, GRANT, OR NONGOVERNMENTAL
ORGANIZATION FUNDED BY THE UNITED STATES
GOVERNMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States recognizes the immense contributions
of the nationals of Afghanistan who worked, through
cooperative agreements, grants, and nongovernmental
organizations in Afghanistan, in support of the United States
mission to advance the causes of democracy, human rights, and
the rule of law in Afghanistan;
(2) due to the close association of such nationals of
Afghanistan with the United States, their lives are at risk;
and
(3) such nationals of Afghanistan should be provided with
special immigrant status under the Afghan Allies and
Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111-
8).
(b) Special Immigrant Status.--Section 602(b)(2)(A)(ii)(I)
of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note; Public Law 111-8) is amended by inserting after
``United States Government'' the following: ``, including
employment in Afghanistan funded by the United States
Government through a cooperative agreement, grant, or
nongovernmental organization, provided that the Chief of
Mission or delegated Department of State designee determines,
based on a recommendation from the Federal agency or
organization authorizing such funding, that such alien
contributed to the United States mission in Afghanistan''.
______
SA 4329. Mr. SULLIVAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 821. PROHIBITION ON CONTRACT CLAUSES REQUIRING COVID-19
VACCINE.
Notwithstanding Executive Order No. 14042 (86 Fed. Reg.
50985; relating to ensuring adequate COVID safety protocols
for Federal contractors) and the Safer Federal Worker Task
Force order dated September 24, 2021, and entitled ``COVID-19
Workplace Safety: Guidance for Federal Contractors and
Subcontractors'', the Department of Defense may not require
any contractor or subcontractor at any tier to impose a
workplace COVID-19 vaccine mandate as a condition of entering
into a Federal contract or subcontract, including by
including a contract clause to such effect in a Department of
Defense contract.
______
SA 4330. Mr. RUBIO (for himself and Mr. Merkley) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Uyghur Forced Labor Prevention Act
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Uyghur Forced Labor
Prevention Act''.
SEC. 1292. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to strengthen the prohibition against the importation
of goods made with forced labor, including by ensuring that
the Government of the People's Republic of China does not
undermine the effective enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307), which prohibits the
importation of all ``goods, wares, articles, and merchandise
mined, produced or manufactured wholly or in part in any
foreign country by . . . forced labor'';
(2) to lead the international community in ending forced
labor practices wherever such practices occur through all
means available to the United States Government, including by
stopping the importation of any goods made with forced labor,
including those goods mined, produced, or manufactured wholly
or in part in the Xinjiang Uyghur Autonomous Region;
(3) to actively work to prevent, publicly denounce, and end
human trafficking, including with respect to forced labor,
whether sponsored by the government of a foreign country or
not, and to restore the lives of those affected by human
trafficking, a modern form of slavery;
(4) to regard the prevention of atrocities as a priority in
the national interests of the United States; and
(5) to address gross violations of human rights in the
Xinjiang Uyghur Autonomous Region--
(A) through bilateral diplomatic channels and multilateral
institutions in which both the United States and the People's
Republic of China are members; and
(B) using all the authorities available to the United
States Government, including visa and financial sanctions,
export restrictions, and import controls.
SEC. 1293. STRATEGY TO ENFORCE PROHIBITION ON IMPORTATION OF
GOODS MADE THROUGH FORCED LABOR IN THE XINJIANG
UYGHUR AUTONOMOUS REGION.
(a) Public Comment.--
(1) In general.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of the Treasury and
the Secretary of Homeland Security shall jointly, and in
consultation with the United States Trade Representative, the
Secretary of State, and the Secretary of Labor, publish in
the Federal Register a notice soliciting public comments on
how best to ensure that goods mined, produced, or
manufactured wholly or in part with forced labor in the
People's Republic of China, including by Uyghurs, Kazakhs,
Kyrgyz, Tibetans, and members of other persecuted groups in
the People's Republic of China, and especially in the
Xinjiang Uyghur Autonomous Region, are not imported into the
United States.
(2) Period for comment.--The Secretary of the Treasury and
the Secretary of Homeland Security shall provide the public
with not less than 60 days to submit comments in response to
the notice required by paragraph (1).
(b) Public Hearing.--
(1) In general.--Not later than 45 days after the close of
the period to submit comments under subsection (a)(2), the
Secretary of the Treasury, the Secretary of Homeland
Security, the Secretary of Labor, the United States Trade
Representative, and the Secretary of State shall jointly
conduct a public
[[Page S7869]]
hearing inviting witnesses to testify with respect to the use
of forced labor in the People's Republic of China and
potential measures, including the measures described in
paragraph (2), to prevent the importation of goods mined,
produced, or manufactured wholly or in part with forced labor
in the People's Republic of China into the United States.
(2) Measures described.--The measures described in this
paragraph are--
(A) measures that can be taken to trace the origin of
goods, offer greater supply chain transparency, and identify
third country supply chain routes for goods mined, produced,
or manufactured wholly or in part with forced labor in the
People's Republic of China; and
(B) other measures for ensuring that goods mined, produced,
or manufactured wholly or in part with forced labor do not
enter the United States.
(c) Development of Strategy.--After receiving public
comments under subsection (a) and holding the hearing
required by subsection (b), the Secretary of the Treasury and
the Secretary of Homeland Security shall jointly, and in
consultation with the Secretary of Labor, the United States
Trade Representative, the Secretary of State, and the
Director of National Intelligence, develop a strategy for
preventing the importation into the United States of goods
mined, produced, or manufactured wholly or in part with
forced labor in the People's Republic of China.
(d) Elements.--The strategy developed under subsection (c)
shall include the following:
(1) A comprehensive assessment of the risk of importing
goods mined, produced, or manufactured wholly or in part with
forced labor in the People's Republic of China, including
from the Xinjiang Uyghur Autonomous Region or made by
Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other
persecuted groups in any other part of the People's Republic
of China, that identifies, to the extent feasible--
(A) threats, including through the potential involvement in
supply chains of entities that may use forced labor, that
could lead to the importation into the United States from the
People's Republic of China, including through third
countries, of goods mined, produced, or manufactured wholly
or in part with forced labor; and
(B) what procedures can be implemented or improved to
reduce such threats.
(2) A comprehensive description and evaluation--
(A) of ``pairing assistance'' and ``poverty alleviation''
or any other government labor scheme that includes the forced
labor of Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of
other persecuted groups outside of the Xinjiang Uyghur
Autonomous Region or similar programs of the People's
Republic of China in which work or services are extracted
from Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other
persecuted groups through the threat of penalty or for which
the Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other
persecuted groups have not offered themselves voluntarily;
and
(B) that includes--
(i) a list of entities working with the government of the
Xinjiang Uyghur Autonomous Region to move forced labor or
Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted
groups out of the Xinjiang Uyghur Autonomous Region;
(ii) a list of products mined, produced, or manufactured
wholly or in part by entities on the list required by clause
(i);
(iii) a list of entities that exported products described
in clause (ii) from the People's Republic of China into the
United States;
(iv) a list of facilities and entities, including the
Xinjiang Production and Construction Corps, that source
material from the Xinjiang Uyghur Autonomous Region or from
persons working with the government of the Xinjiang Uyghur
Autonomous Region or the Xinjiang Production and Construction
Corps for purposes of the ``poverty alleviation'' program or
the ``pairing-assistance'' program or any other government
labor scheme that uses forced or involuntary labor;
(v) a plan for identifying additional facilities and
entities described in clause (iv);
(vi) a enforcement plan for each such entity, which may
include issuing withhold release orders to support
enforcement of section 1294 with respect to the entity;
(vii) a list of high-priority sectors for enforcement,
which shall include cotton, tomatoes, and polysilicon; and
(viii) an enforcement plan for each such high-priority
sector.
(3) Recommendations for efforts, initiatives, and tools and
technologies to be adopted to ensure that U.S. Customs and
Border Protection can accurately identify and trace goods
made in the Xinjiang Uyghur Autonomous Region entering at any
of the ports of the United States.
(4) A description of how U.S. Customs and Border Protection
plans to enhance its use of legal authorities and other tools
to ensure that no goods are entered at any of the ports of
the United States in violation of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307), including through the
initiation of pilot programs to test the viability of
technologies to assist in the examination of such goods.
(5) Guidance to importers with respect to--
(A) due diligence, effective supply chain tracing, and
supply chain management measures to ensure that such
importers do not import any goods mined, produced, or
manufactured wholly or in part with forced labor from the
People's Republic of China, especially from the Xinjiang
Uyghur Autonomous Region;
(B) the type, nature, and extent of evidence that
demonstrates that goods originating in the People's Republic
of China were not mined, produced, or manufactured wholly or
in part in the Xinjiang Uyghur Autonomous Region; and
(C) the type, nature, and extent of evidence that
demonstrates that goods originating in the People's Republic
of China, including goods detained or seized pursuant to
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), were
not mined, produced, or manufactured wholly or in part with
forced labor.
(6) A plan to coordinate and collaborate with appropriate
nongovernmental organizations and private sector entities to
implement and update the strategy developed under subsection
(c).
(e) Submission of Strategy.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security, in consultation with the
Secretary of Labor, the United States Trade Representative,
and the Secretary of State, shall submit to the appropriate
congressional committees a report that--
(A) in the case of the first such report, sets forth the
strategy developed under subsection (c); and
(B) in the case of any subsequent such report, sets forth
any updates to the strategy.
(2) Updates of certain matters.--Not less frequently than
annually after the submission under paragraph (1)(A) of the
strategy developed under subsection (c), the Secretary shall
submit to the appropriate congressional committees updates to
the strategy with respect to the matters described in clauses
(i) through (vi) of subsection (d)(2)(B).
(3) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex, if necessary.
(4) Public availability.--The unclassified portion of each
report required by paragraph (1) shall be made available to
the public.
(f) Rule of Construction.--Nothing in this section may be
construed to limit the application of regulations in effect
on or measures taken before the date of the enactment of this
Act to prevent the importation of goods mined, produced, or
manufactured wholly or in part with forced labor into the
United States, including withhold release orders issued
before such date of enactment.
SEC. 1294. REBUTTABLE PRESUMPTION THAT IMPORT PROHIBITION
APPLIES TO GOODS MINED, PRODUCED, OR
MANUFACTURED IN THE XINJIANG UYGHUR AUTONOMOUS
REGION OR BY CERTAIN ENTITIES.
(a) In General.--The Commissioner of U.S. Customs and
Border Protection shall, except as provided by subsection
(b), apply a presumption that, with respect to any goods,
wares, articles, and merchandise mined, produced, or
manufactured wholly or in part in the Xinjiang Uyghur
Autonomous Region of the People's Republic of China or
produced by an entity on a list required by clause (i),
(iii), or (iv) of section 1293(d)(2)(B)--
(1) the importation of such goods, wares, articles, and
merchandise is prohibited under section 307 of the Tariff Act
of 1930 (19 U.S.C. 1307); and
(2) such goods, wares, articles, and merchandise are not
entitled to entry at any of the ports of the United States.
(b) Exceptions.--The Commissioner shall apply the
presumption under subsection (a) unless the Commissioner
determines that--
(1) the importer of record has--
(A) fully complied with the guidance described in section
1293(d)(5) and any regulations issued to implement that
guidance; and
(B) completely and substantively responded to all inquiries
for information submitted by the Commissioner to ascertain
whether the goods were mined, produced, or manufactured
wholly or in part with forced labor; and
(2) the good was not mined, produced, or manufactured
wholly or in part by forced labor.
(c) Report Required.--Not less frequently than every 180
days, the Commissioner shall submit to the appropriate
congressional committees and make available to the public a
report that lists all instances in which the Commissioner
declined to apply the presumption under subsection (a) during
the preceding 180-day period.
(d) Regulations.--The Commissioner may prescribe
regulations--
(1) to implement paragraphs (1) and (2) of subsection (b);
or
(2) to amend any other regulations relating to withhold
release orders in order to implement this section.
(e) Effective Date.--This section takes effect on the date
that is 180 days after the date of the enactment of this Act.
SEC. 1295. DIPLOMATIC STRATEGY TO ADDRESS FORCED LABOR IN THE
XINJIANG UYGHUR AUTONOMOUS REGION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the heads of other appropriate Federal
agencies, shall submit to the appropriate congressional
committees a report that includes a United States strategy to
promote initiatives to enhance international awareness of and
to address forced labor in the Xinjiang
[[Page S7870]]
Uyghur Autonomous Region of the People's Republic of China.
(b) Matters To Be Included.--The Secretary shall include in
the report required by subsection (a) the following:
(1) A plan to enhance bilateral and multilateral
coordination, including sustained engagement with the
governments of countries that are partners and allies of the
United States, to end the use of Uyghurs, Kazakhs, Kyrgyz,
Tibetans, and members of other persecuted groups in the
Xinjiang Uyghur Autonomous Region for forced labor.
(2) A description of public affairs, public diplomacy, and
counter-messaging efforts to promote awareness of the human
rights situation, including with respect to forced labor, in
the Xinjiang Uyghur Autonomous Region.
(3) A plan--
(A) to coordinate and collaborate with appropriate
nongovernmental organizations and private sector entities to
raise awareness about goods mined, produced, or manufactured
wholly or in part with forced labor in the Xinjiang Uyghur
Autonomous Region; and
(B) to provide humanitarian assistance, including with
respect to resettlement and advocacy for imprisoned family
members, to Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members
of other persecuted groups, including members of such groups
formerly detained in mass internment camps in the Xinjiang
Uyghur Autonomous Region.
(c) Additional Matters To Be Included.--The Secretary shall
include in the report required by subsection (a), based on
consultations with the Secretary of Commerce, the Secretary
of Homeland Security, and the Secretary of the Treasury, the
following:
(1) To the extent practicable, a list of--
(A) entities in the People's Republic of China or
affiliates of such entities that use or benefit from forced
labor in the Xinjiang Uyghur Autonomous Region; and
(B) foreign persons that act as agents of the entities or
affiliates described in subparagraph (A) to import goods into
the United States.
(2) A plan for working with private sector entities seeking
to conduct supply chain due diligence to prevent the
importation of goods mined, produced, or manufactured wholly
or in part with forced labor into the United States.
(3) A description of actions taken by the United States
Government to address forced labor in the Xinjiang Uyghur
Autonomous Region under existing authorities, including--
(A) the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.);
(B) the Elie Wiesel Genocide and Atrocities Prevention Act
of 2018 (Public Law 115-441; 22 U.S.C. 2656 note); and
(C) the Global Magnitsky Human Rights Accountability Act
(subtitle F of title XII of Public Law 114-328; 22 U.S.C.
2656 note).
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex, if necessary.
SEC. 1296. IMPOSITION OF SANCTIONS RELATING TO FORCED LABOR
IN THE XINJIANG UYGHUR AUTONOMOUS REGION.
(a) In General.--Section 6(a)(1) of the Uyghur Human Rights
Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note)
is amended by adding at the end the following:
``(F) Serious human rights abuses in connection with forced
labor.''.
(b) Effective Date; Applicability.--The amendment made by
subsection (a)--
(1) takes effect on the date of the enactment of this Act;
and
(2) applies with respect to the first report required by
section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020
submitted after such date of enactment.
(c) Transition Rule.--
(1) Interim report.--Not later than 180 days after the date
of the enactment of this Act, the President shall submit to
the committees specified in section 6(a)(1) of the Uyghur
Human Rights Policy Act of 2020 a report that identifies each
foreign person, including any official of the Government of
the People's Republic of China, that the President determines
is responsible for serious human rights abuses in connection
with forced labor with respect to Uyghurs, Kazakhs, Kyrgyz,
or members of other Muslim minority groups, or other persons
in the Xinjiang Uyghur Autonomous Region.
(2) Imposition of sanctions.--The President shall impose
sanctions under subsection (c) of section 6 of the Uyghur
Human Rights Policy Act of 2020 with respect to each foreign
person identified in the report required by paragraph (1),
subject to the provisions of subsections (d), (e), (f), and
(g) of that section.
SEC. 1297. SUNSET.
Sections 1293, 1294, and 1295 shall cease to have effect on
the earlier of--
(1) the date that is 8 years after the date of the
enactment of this Act; or
(2) the date on which the President submits to the
appropriate congressional committees a determination that the
Government of the People's Republic of China has ended mass
internment, forced labor, and any other gross violations of
human rights experienced by Uyghurs, Kazakhs, Kyrgyz,
Tibetans, and members of other persecuted groups in the
Xinjiang Uyghur Autonomous Region.
SEC. 1298. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Committee on Homeland Security of the House of
Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Finance, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Forced labor.--The term ``forced labor''--
(A) has the meaning given that term in section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307); and
(B) includes convict labor and indentured labor under penal
sanctions.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Person.--The term ``person'' means an individual or
entity.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.
______
SA 4331. Mr. RUBIO (for himself and Mr. Cardin) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--South China Sea and East China Sea Sanctions Act of 2021
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``South China Sea and
East China Sea Sanctions Act of 2021''.
SEC. 1292. SANCTIONS WITH RESPECT TO CHINESE PERSONS
RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH
CHINA SEA AND THE EAST CHINA SEA.
(a) Initial Imposition of Sanctions.--On and after the date
that is 120 days after the date of the enactment of this Act,
the President may impose the sanctions described in
subsection (b) with respect to any Chinese person, including
any senior official of the Government of the People's
Republic of China, that the President determines--
(1) is responsible for or significantly contributes to
large-scale reclamation, construction, militarization, or
ongoing supply of outposts in disputed areas of the South
China Sea;
(2) is responsible for or significantly contributes to, or
has engaged in, directly or indirectly, actions, including
the use of coercion, to inhibit another country from
protecting its sovereign rights to access offshore resources
in the South China Sea, including in such country's exclusive
economic zone, consistent with such country's rights and
obligations under international law;
(3) is responsible for or complicit in, or has engaged in,
directly or indirectly, actions that significantly threaten
the peace, security, or stability of disputed areas of the
South China Sea or areas of the East China Sea administered
by Japan or the Republic of Korea, including through the use
of vessels and aircraft by the People's Republic of China to
occupy or conduct extensive research or drilling activity in
those areas;
(4) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to, or in support of, any person subject to
sanctions pursuant to paragraph (1), (2), or (3); or
(5) is owned or controlled by, or has acted for or on
behalf of, directly or indirectly, any person subject to
sanctions pursuant to paragraph (1), (2), or (3).
(b) Sanctions Described.--The sanctions that may be imposed
with respect to a person described in subsection (a) are the
following:
(1) Blocking of property.--The President may, in accordance
with the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), block and prohibit all transactions in
all property and interests in property of the person if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an alien,
the alien may be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in subparagraph (A) may
be subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
[[Page S7871]]
(ii) Immediate effect.--A revocation under clause (i) may--
(I) take effect immediately; and
(II) cancel any other valid visa or entry documentation
that is in the alien's possession.
(3) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a
corporate officer or principal of, or a shareholder with a
controlling interest in, the person.
(4) Export sanction.--The President may order the United
States Government not to issue any specific license and not
to grant any other specific permission or authority to export
any goods or technology to the person under--
(A) the Export Control Reform Act of 2018 (50 U.S.C. 4801
et seq.); or
(B) any other statute that requires the prior review and
approval of the United States Government as a condition for
the export or reexport of goods or services.
(5) Inclusion on entity list.--The President may include
the entity on the entity list maintained by the Bureau of
Industry and Security of the Department of Commerce and set
forth in Supplement No. 4 to part 744 of the Export
Administration Regulations, for activities contrary to the
national security or foreign policy interests of the United
States.
(6) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any
United States person from investing in or purchasing equity
or debt instruments of the person.
(7) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial
institutions or by, through, or to any financial institution,
to the extent that such transfers or payments are subject to
the jurisdiction of the United States and involve any
interest of the person.
(8) Correspondent and payable-through accounts.--In the
case of a foreign financial institution, the President may
prohibit the opening, and prohibit or impose strict
conditions on the maintaining, in the United States of a
correspondent account or a payable-through account by the
foreign financial institution.
(c) Exceptions.--
(1) Inapplicability of national emergency requirement.--The
requirements of section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of subsection (b)(1).
(2) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(3) Compliance with united nations headquarters
agreement.--Paragraphs (2) and (3) of subsection (b) shall
not apply if admission of an alien to the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success, June 26, 1947, and entered into
force, November 21, 1947, between the United Nations and the
United States.
(4) Exception relating to importation of goods.--
(A) In general.--The authority or a requirement to impose
sanctions under this section shall not include the authority
or a requirement to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed under subsection
(b)(1) to the same extent that such penalties apply to a
person that commits an unlawful act described in subsection
(a) of such section 206.
(e) Definitions.--In this section:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'',
and ``payable-through account'' have the meanings given those
terms in section 5318A of title 31, United States Code.
(2) Alien.--The term ``alien'' has the meaning given that
term in section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)).
(3) Chinese person.--The term ``Chinese person'' means--
(A) an individual who is a citizen or national of the
People's Republic of China; or
(B) an entity organized under the laws of the People's
Republic of China or otherwise subject to the jurisdiction of
the Government of the People's Republic of China.
(4) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I),
(J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section
5312(a)(2) of title 31, United States Code.
(5) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 1010.605 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
(6) Person.--The term ``person'' means any individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 1293. REPORT ON COUNTRIES THAT RECOGNIZE CHINESE
SOVEREIGNTY OVER THE SOUTH CHINA SEA OR THE
EAST CHINA SEA.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, and annually thereafter until the
date that is 3 years after such date of enactment, the
Secretary of State shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report identifying each
country that the Secretary determines has taken an official
and stated position to recognize, after such date of
enactment, the sovereignty of the People's Republic of China
over territory or airspace disputed by one or more countries
in the South China Sea or the territory or airspace of areas
of the East China Sea administered by Japan or the Republic
of Korea.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex if the Secretary of State determines it is necessary
for the national security interests of the United States to
do so.
(c) Public Availability.--The Secretary of State shall
publish the unclassified part of the report required by
subsection (a) on a publicly available website of the
Department of State.
______
SA 4332. Mr. RUBIO (for himself, Ms. Cantwell, Mrs. Blackburn, Ms.
Rosen, Ms. Collins, Mr. Crapo, and Ms. Hassan) submitted an amendment
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and
intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SECTION 1283. UNITED STATES-ISRAEL ARTIFICIAL INTELLIGENCE
CENTER.
(a) Short Title.--This section may be cited as the ``United
States-Israel Artificial Intelligence Center Act''.
(b) Establishment of Center.--The Secretary of State, in
consultation with the Secretary of Commerce, the Director of
the National Science Foundation, and the heads of other
relevant Federal agencies, shall establish the United States-
Israel Artificial Intelligence Center (referred to in this
section as the ``Center'') in the United States.
(c) Purpose.--The purpose of the Center shall be to
leverage the experience, knowledge, and expertise of
institutions of higher education and private sector entities
in the United States and Israel to develop more robust
research and development cooperation in the areas of--
(1) machine learning;
(2) image classification;
(3) object detection;
(4) speech recognition;
(5) natural language processing;
(6) data labeling;
(7) computer vision; and
(8) model explainability and interpretability.
(d) Artificial Intelligence Principles.--In carrying out
the purposes set forth in subsection (c), the Center shall
adhere to the principles for the use of artificial
intelligence in the Federal Government set forth in section 3
of Executive Order 13960 (85 Fed. Reg. 78939).
(e) International Partnerships.--
(1) In general.--The Secretary of State and the heads of
other relevant Federal agencies, subject to the availability
of appropriations, may enter into cooperative agreements
supporting and enhancing dialogue and planning involving
international partnerships between the Department of State or
such agencies and the Government of Israel and its
ministries, offices, and institutions.
(2) Federal share.--Not more than 50 percent of the costs
of implementing the agreements entered into pursuant to
paragraph (1) may be paid by the United States Government.
(f) Authorization of Appropriations.--There is authorized
to be appropriated for the Center $10,000,000 for each of the
fiscal years 2022 through 2026.
______
SA 4333. Mr. RUBIO (for himself and Ms. Warren) submitted an
amendment
[[Page S7872]]
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and
intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 857. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE SUPPLY
CHAINS.
(a) Risk Management for All Department of Defense Supply
Chains.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall--
(1) develop and issue implementing guidance for risk
management for Department of Defense supply chains for
materiel for the Department, including pharmaceuticals;
(2) identify, in coordination with the Commissioner of Food
and Drugs, supply chain information gaps regarding reliance
on foreign suppliers of drugs, including active
pharmaceutical ingredients and final drug products; and
(3) submit to Congress a report regarding--
(A) existing information streams, if any, that may be used
to assess the reliance by the Department of Defense on high-
risk foreign suppliers of drugs;
(B) vulnerabilities in the drug supply chains of the
Department of Defense; and
(C) any recommendations to address--
(i) information gaps identified under paragraph (2); and
(ii) any risks related to such reliance on foreign
suppliers.
(b) Risk Management for Department of Defense
Pharmaceutical Supply Chain.--The Director of the Defense
Health Agency shall--
(1) not later than one year after the issuance of the
guidance required by subsection (a)(1), develop and publish
implementing guidance for risk management for the Department
of Defense supply chain for pharmaceuticals; and
(2) establish a working group--
(A) to assess risks to the pharmaceutical supply chain;
(B) to identify the pharmaceuticals most critical to
beneficiary care at military treatment facilities; and
(C) to establish policies for allocating scarce
pharmaceutical resources in case of a supply disruption.
(c) Responsiveness Testing of Defense Logistics Agency
Pharmaceutical Contracts.--The Director of the Defense
Logistics Agency shall modify Defense Logistics Agency
Instructions 5025.03 and 3110.01--
(1) to require Defense Logistics Agency Troop Support to
coordinate annually with customers in the military
departments to conduct responsiveness testing of the Defense
Logistics Agency's contingency contracts for pharmaceuticals;
and
(2) to include the results of that testing, as reported by
customers in the military departments, in the annual reports
of the Warstopper Program.
______
SA 4334. Mr. RUBIO (for himself and Mr. Warnock) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1424. EXPANSION OF DECLARATIONS REQUIRED BY THE
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED
STATES.
Section 721(b)(1)(C)(v)(IV)(cc) of the Defense Production
Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(cc)) is amended
by striking ``subsection (a)(4)(B)(iii)(II)'' and inserting
``subclause (II) or (III) of subsection (a)(4)(B)(iii)''.
______
SA 4335. Mr. RUBIO (for himself and Mrs. Feinstein) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. INTERAGENCY REVIEW TO EVALUATE AND IDENTIFY
OPPORTUNITIES FOR THE ACCELERATION OF RESEARCH
ON WOMEN AND LUNG CANCER, GREATER ACCESS TO
PREVENTIVE SERVICES, AND STRATEGIC PUBLIC
AWARENESS AND EDUCATION CAMPAIGNS.
(a) In General.--The Secretary of Health and Human
Services, in consultation with the Secretary of Defense and
Secretary of Veterans Affairs, shall conduct an interagency
review to evaluate the status of, and identify opportunities
related to--
(1) research on women and lung cancer;
(2) access to lung cancer preventive services; and
(3) strategic public awareness and education campaigns on
lung cancer.
(b) Content.--The review and recommendations under
subsection (a) shall include--
(1) a review and comprehensive report on the outcomes of
previous research, the status of existing research
activities, and knowledge gaps related to women and lung
cancer in all agencies of the Federal Government;
(2) specific opportunities for collaborative, interagency,
multidisciplinary, and innovative research, that would--
(A) encourage innovative approaches to eliminate knowledge
gaps in research;
(B) evaluate environmental and genomic factors that may be
related to the etiology of lung cancer in women; and
(C) foster advances in imaging technology to improve risk
assessment, diagnosis, treatment, and the simultaneous
application of other preventive services;
(3) opportunities regarding the development of a national
lung cancer screening strategy with sufficient infrastructure
and personnel resources to expand access to such screening,
particularly among underserved populations; and
(4) opportunities regarding the development of a national
public education and awareness campaign on women and lung
cancer and the importance of early detection of lung cancer.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report on the review
conducted under subsection (a).
______
SA 4336. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. REPORT ON FOREIGN INVESTMENT IN SBIR AND STTR
FIRMS.
(a) Definitions.--In this section, the terms ``Phase I'',
``Phase II'', ``Phase III'', ``SBIR'', and ``STTR'' have the
meanings given those terms in section 9(e) of the Small
Business Act (15 U.S.C. 638(e)).
(b) Report Required.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report regarding
foreign investment in SBIR and STTR awardees.
(c) Elements.--The report required under subsection (b)
shall, to the extent practicable, include an assessment of--
(1) the pervasiveness of foreign investment in firms
receiving SBIR and STTR awards, including--
(A) the number or percentage of those firms that have
accepted foreign investment before receiving such an award or
during the performance of such an award; and
(B) the number or percentage of those firms in which
foreign individuals or entities have a minority ownership
stake;
(2) the extent to which SBIR and STTR awardees are being
targeted by foreign investors, including investors with ties
to the People's Republic of China or the Russian Federation,
for additional funding or investment before, during, or after
concluding Phase I, Phase II, or Phase III;
(3) the extent to which former SBIR and STTR awardees are
conducting final-stage research and product commercialization
outside of the United States;
(4) the extent to which SBIR and STTR awardees are
experiencing or have experienced theft of Government-funded
research and development by foreign investors or actors;
(5) the extent to which existing ownership disclosure
requirements are effective in protecting Federal research and
development funds from theft or foreign transfer;
(6) the extent to which SBIR and STTR awardees being
targeted by foreign investors poses supply chain risks and
threats to the national security of the United States;
(7) recommendations for further protecting Federal research
and development funds from foreign theft or influence; and
(8) recommendations for protecting SBIR and STTR awardees
from foreign targeting or theft of the intellectual property
of those awardees.
______
SA 4337. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
[[Page S7873]]
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1516. REPORT ON COMPETITION WITH THE PEOPLE'S REPUBLIC
OF CHINA AND THE RUSSIAN FEDERATION REGARDING
SPACE-RELATED INVESTMENTS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the National Space Council
shall submit to Congress a report on competition with the
People's Republic of China and the Russian Federation
regarding space-related investments.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A description of commercial investment activity by the
People's Republic of China and the Russian Federation to
produce technology and devices for space activities or
programs.
(2) An assessment of military-civil fusion activities in
the People's Republic of China and in the Russian Federation
regarding space-related investments.
(3) An assessment of and recommendations to strengthen the
ability of the United States to protect domestically produced
intellectual property and critical technology regarding
space-related investments from exportation, transfer, and
foreign theft or imitation, particularly from entities
affiliated with the Government of the People's Republic of
China or the Government of the Russian Federation.
(4) A review and assessment of the research, technology,
and commercial ties of the United States with the People's
Republic of China and the Russian Federation regarding space-
related investments.
(5) An interagency strategy to defend supply chains of the
United States that are critical to competitiveness in space.
______
SA 4338. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. REPORT ON TRADE POLICIES OF PEOPLE'S REPUBLIC OF
CHINA WITH RESPECT TO AFRICA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the United States Trade
Representative shall submit to Congress a report on the trade
policies of the Government of the People's Republic of China
with respect to Africa.
(b) Elements.--The report required by subsection (a) shall
include an assessment of the following:
(1) The use by the Government of the People's Republic of
China of preferential duty treatment for goods imported into
the People's Republic of China from beneficiary sub-Saharan
African countries, including--
(A) the extent to which beneficiary sub-Saharan African
countries obtain the benefit of favorable trade policies of
the Government of the People's Republic of China; and
(B) whether the Government of the People's Republic of
China is using such policies to circumvent United States
trade policies.
(2) The activities conducted under the Belt and Road
Initiative in Africa, including investment by the Government
of the People's Republic of China in supply chains related to
raw materials and natural resources, commodities,
telecommunications, emerging technologies, agriculture,
energy, and national security.
(3) The use by the Government of the People's Republic of
China of resource-backed loans for economic exploitation and
dependency in Africa.
(4) Recommendations for strengthening United States supply
chains and trade relationships with beneficiary sub-Saharan
African countries.
(c) Beneficiary Sub-Saharan African Country Defined.--In
this section, the term ``beneficiary sub-Saharan African
country'' has the meaning given that term in section 506A of
the Trade Act of 1974 (19 U.S.C. 2466a).
______
SA 4339. Mr. RUBIO (for himself, Mr. Scott of Florida, Mr. Toomey,
Mr. Whitehouse, Mrs. Murray, and Mr. Lankford) submitted an amendment
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and
intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. MAKING DAYLIGHT SAVING TIME PERMANENT.
(a) Short Title.--This section may be cited as the
``Sunshine Protection Act of 2021''.
(b) Repeal of Temporary Period for Daylight Saving Time.--
Section 3 of the Uniform Time Act of 1966 (15 U.S.C. 260a) is
hereby repealed.
(c) Advancement of Standard Time.--
(1) In general.--The second sentence of subsection (a) of
the first section of the Act of March 19, 1918 (commonly
known as the ``Calder Act'') (15 U.S.C. 261), is amended--
(A) by striking ``4 hours'' and inserting ``3 hours'';
(B) by striking ``5 hours'' and inserting ``4 hours'';
(C) by striking ``6 hours'' and inserting ``5 hours'';
(D) by striking ``7 hours'' and inserting ``6 hours'';
(E) by striking ``8 hours'' and inserting ``by 7 hours'';
(F) by striking ``9 hours'' and inserting ``8 hours'';
(G) by striking ``10 hours;'' and inserting ``9 hours;'';
(H) by striking ``11 hours'' and inserting ``10 hours'';
and
(I) by striking ``10 hours.'' and inserting ``11 hours.''.
(2) State exemption.--The first section of the Act of March
19, 1918 (commonly known as the ``Calder Act'') (15 U.S.C.
261) is further amended by--
(A) redesignating subsection (b) as subsection (c); and
(B) inserting after subsection (a) the following:
``(b) Standard Time for Certain States and Areas.--The
standard time for a State that has exempted itself from the
provisions of section 3(a) of the Uniform Time Act of 1966
(15 U.S.C. 260a(a)), as in effect on the day before the date
of the enactment of the Sunshine Protection Act of 2021,
pursuant to such section or an area of a State that has
exempted such area from such provisions pursuant to such
section shall be, as such State considers appropriate--
``(1) the standard time for such State or area, as the case
may be, pursuant to subsection (a) of this section; or
``(2) the standard time for such State or area, as the case
may be, pursuant to subsection (a) of this section as it was
in effect on the day before the date of the enactment of the
Sunshine Protection Act of 2021.''.
(3) Conforming amendment.--The first section of the Act of
March 19, 1918 (commonly known as the ``Calder Act'') (15
U.S.C. 261) is further amended, in the second sentence, by
striking ``Except as provided in section 3(a) of the Uniform
Time Act of 1966 (15 U.S.C. 260a(a)), the'' and inserting
``Except as provided in subsection (b),''.
(4) Effective date.--This section and the amendments made
by this section take effect on November 6, 2022.
______
SA 4340. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VI, add the following:
SEC. 607. MODIFICATIONS TO TRANSITIONAL COMPENSATION FOR
DEPENDENTS OF MEMBERS SEPARATED FOR DEPENDENT
ABUSE.
(a) Covered Punitive Actions.--Subsection (b) of section
1059 of title 10, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``; or'' and inserting
a semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraph:
``(3) who is--
``(A) convicted of a dependent-abuse offense in a district
court of the United States or a State court; and
``(B) separated from active duty pursuant to a sentence of
a court-martial, or administratively separated, voluntarily
or involuntarily, from active duty, for an offense other than
the dependent-abuse offense; or
``(4) who is--
``(A) accused but not convicted of a dependent-abuse
offense;
``(B) determined, as a result of a review by the commander
of the member and based on a preponderance of evidence, to
have committed the dependent-abuse offense; and
``(C) required to forfeit all pay and allowances pursuant
to a sentence of a court-martial for an offense other than
the dependent-abuse offense.''.
(b) Recipients of Payments.--Subsection (d) of such section
is amended--
(1) in paragraph (1), by striking ``resulting in the
separation'' and inserting ``referred to in subsection (b)'';
and
(2) in paragraph (4)--
(A) by striking ``determined as of the date'' and inserting
the following: ``determined--
[[Page S7874]]
``(A) as of the date'';
(B) by striking ``offense or, in a case'' and inserting the
following: ``offense;
``(B) in a case'';
(C) by striking the period at the end and inserting ``;
or''; and
(D) by adding at the end the following new subparagraph:
``(C) in a case described in subsection (b)(4), as of, as
applicable--
``(i) the first date on which the individual is held in
pretrial confinement relating to the dependent-abuse offense
of which the individual is accused after the 7-day review of
pretrial confinement required by Rule 305(i)(2) of the Rules
for Courts-Martial; or
``(ii) the date on which a review by a commander of the
individual determines there is probable cause that the
individual has committed that offense.''.
(c) Commencement of Payment.--Subsection (e)(1) of such
section is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by inserting after
``offense'' the following: ``or an offense described in
subsection (b)(3)(B)'';
(B) in clause (ii), by striking ``; and'' and inserting a
semicolon;
(2) in subparagraph (B)--
(A) by striking ``(if the basis'' and all that follows
through ``offense)''
(B) by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following new subparagraph:
``(C) in the case of a member described in subsection
(b)(4), shall commence as of, as applicable--
``(i) the first date on which the member is held in
pretrial confinement relating to the dependent-abuse offense
of which the member is accused after the 7-day review of
pretrial confinement required by Rule 305(i)(2) of the Rules
for Courts-Martial; or
``(ii) the date on which a review by a commander of the
member determines there is probable cause that the member has
committed that offense.''.
(d) Definition of Dependent Child.--Subsection (l) of such
section is amended, in the matter preceding paragraph (1)--
(1) by striking ``resulting in the separation of the former
member or'' and inserting ``referred to in subsection (b)
or''; and
(2) by striking ``resulting in the separation of the former
member and'' and inserting ``and''.
(e) Delegation of Determinations Relating to Exceptional
Eligibility.--Subsection (m)(4) of such section is amended to
read as follows:
``(4) The Secretary concerned may delegate the authority
under paragraph (1) to authorize eligibility for benefits
under this section for dependents and former dependents of a
member or former member to the first general or flag officer
(or civilian equivalent) in the chain of command of the
member.''.
______
SA 4341. Mr. RUBIO (for himself and Mr. Wicker) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1023. NOTIFICATION TO CONGRESS AND COASTAL STATES OF
PENDING ACTION TO STRIKE FROM THE NAVAL VESSEL
REGISTER NAVAL VESSELS THAT ARE VIABLE
CANDIDATES FOR ARTIFICIAL REEFING.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of the Navy should explore and solicit
artificial reefing opportunities with appropriate entities
for any naval vessel planned for retirement before initiating
any plans to dispose of the vessel.
(b) Notification.--Not later than 90 days before the date
on which a naval vessel that is a viable candidate for
artificial reefing is to be stricken from the Naval Vessel
Register, the Secretary of the Navy shall notify Congress and
the appropriate agency of each coastal State of such pending
action.
(c) Definitions.--In this section:
(1) Appropriate agency.--The term ``appropriate agency''
with respect to a coastal State means the agency that the
coastal State has designated to administer an artificial reef
program.
(2) Coastal state.--The term ``coastal State''--
(A) means any one of the States of Alabama, Alaska,
California, Connecticut, Delaware, Florida, Georgia, Hawaii,
Louisiana, Maine, Maryland, Massachusetts, Mississippi, New
Hampshire, New Jersey, New York, North Carolina, Oregon,
Rhode Island, South Carolina, Texas, Virginia, and
Washington; and
(B) includes the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
______
SA 4342. Mr. RUBIO (for himself, Mr. Scott of Florida, and Mr. Braun)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
Strike section 143.
______
SA 4343. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. PROHIBITION ON USE BY INTELLIGENCE COMMUNITY OF
FOREIGN SOCIAL MEDIA PLATFORMS.
No element of the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) may establish or maintain an official account of the
element on any foreign owned or foreign-based high-risk
social media platform for purposes of conducting official
business of the element.
______
SA 4344. Mr. RUBIO (for himself and Mr. Scott of Florida) submitted
an amendment intended to be proposed to amendment SA 3867 submitted by
Mr. Reed and intended to be proposed to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. MORATORIUM ON OIL AND GAS LEASING OFF THE COASTS
OF THE STATES OF FLORIDA, GEORGIA, AND SOUTH
CAROLINA.
Section 104 of the Gulf of Mexico Energy Security Act of
2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``June 30, 2022'' and inserting ``June 30, 2032'';
(B) in paragraph (2), by striking ``or'' after the
semicolon;
(C) in paragraph (3)(B)(iii), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(4) any area in the South Atlantic Planning Area (as
designated by the Bureau of Ocean Energy Management as of the
date of enactment of this paragraph); or
``(5) any area in the Straits of Florida Planning Area (as
designated by the Bureau of Ocean Energy Management as of the
date of enactment of this paragraph).''; and
(2) by adding at the end the following:
``(d) Effect on Certain Leases.--The moratoria under
paragraphs (4) and (5) of subsection (a) shall not affect
valid existing leases in effect on the date of enactment of
this subsection.
``(e) Environmental Exceptions.--Notwithstanding subsection
(a), the Secretary may issue leases in areas described in
that subsection for environmental conservation purposes,
including the purposes of shore protection, beach nourishment
and restoration, wetlands restoration, and habitat
protection.''.
______
SA 4345. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Protecting Central American Women and Children
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Central American Women
and Children Protection Act of 2021''.
SEC. 1292. WOMEN AND CHILDREN PROTECTION COMPACTS.
(a) Authorization to Enter Into Compacts.--The Secretary of
State, in coordination with the Administrator of the United
States Agency for International Development, is authorized to
enter into multi-year,
[[Page S7875]]
bilateral agreements of not longer than 6 years in duration,
developed in conjunction with the governments of El Salvador,
Guatemala, and Honduras (referred to in this subtitle as
``Compact Countries''). Such agreements shall be known as
Women and Children Protection Compacts (referred to in this
subtitle as ``Compacts'').
(b) Purpose.--Each Compact shall--
(1) set out the shared goals and objectives of the United
States and the government of the Compact Country; and
(2) be aimed at strengthening the Compact Country's
efforts--
(A) to strengthen criminal justice and civil court systems
to protect women and children and serve victims of domestic
violence, sexual violence, trafficking, and child
exploitation and neglect, and hold perpetrators accountable;
(B) to secure, create, and sustain safe communities,
building on best practices to prevent and deter violence
against women and children;
(C) to ensure that schools are safe and promote the
prevention and early detection of domestic abuse against
women and children within communities; and
(D) to enhance security within areas experiencing endemic
domestic, gang, gender-based and drug-related or similar
criminal violence against women and children.
(c) Compact Elements.--Each Compact shall--
(1) establish a 3- to 6-year cooperative strategy and
assistance plan for achieving the shared goals and objectives
articulated in such Compact;
(2) be informed by the assessments of--
(A) the areas within the Compact Country experiencing the
highest incidence of violence against women and children;
(B) the ability of women and children to access protection
and obtain effective judicial relief; and
(C) the judicial capacity to respond to reports within the
Compact Country of femicide, sexual and domestic violence,
and child exploitation and neglect, and to hold the
perpetrators of such criminal acts accountable;
(3) seek to address the driving forces of violence against
women and children, which shall include efforts to break the
binding constraints to inclusive economic growth and access
to justice;
(4) identify clear and measurable goals, objectives, and
benchmarks under the Compact to detect, deter and respond to
violence against women and children;
(5) set out clear roles, responsibilities, and objectives
under the Compact, which shall include a description of the
anticipated policy and financial commitments of the central
government of the Compact Country;
(6) seek to leverage and deconflict contributions and
complementary programming by other donors;
(7) include a description of the metrics and indicators to
monitor and measure progress toward achieving the goals,
objectives, and benchmarks under the Compact, including
reductions in the prevalence of femicide, sexual assault,
domestic violence, and child abuse and neglect;
(8) provide for the conduct of an impact evaluation not
later than 1 year after the conclusion of the Compact; and
(9) provide for a full accounting of all funds expended
under the Compact, which shall include full audit authority
for the Office of the Inspector General of the Department of
State, the Office of the Inspector General of the United
States Agency for International Development, and the
Government Accountability Office, as appropriate.
(d) Funding Limitation.--Compacts may not provide for any
United States assistance to be made available directly to the
Government of El Salvador, the Government of Guatemala, or
the Government of Honduras.
(e) Termination or Suspension.--Any Compact may be
suspended or terminated, with respect to a country or an
entity receiving assistance pursuant to the Compact, if the
Secretary of State determines that such country or entity has
failed to make sufficient progress towards the goals of the
Compact.
(f) Sunset.--The authority to enter into Compacts under
this subtitle shall expire on September 30, 2023.
SEC. 1293. CONGRESSIONAL NOTIFICATION.
Not later than 15 days before entering into a Compact with
the Government of Guatemala, the Government of Honduras, or
the Government of El Salvador, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development, shall submit to the
Committee on Foreign Relations of the Senate, the Committee
on Appropriations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives--
(1) a copy of the proposed Compact;
(2) a detailed summary of the cooperative strategy and
assistance plan required under section 1292(c); and
(3) a copy of any annexes, appendices, or implementation
plans related to the Compact.
SEC. 1294. COMPACT PROGRESS REPORTS AND BRIEFINGS.
(a) Progress Report.--Not later than 1 year after entering
into a Compact, and annually during the life of the Compact,
the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, shall submit a report to the congressional
committees listed in section 1293 that describes the progress
made under the Compact.
(b) Contents.--The report submitted under subsection (a)
shall include--
(1) analysis and information on the overall rates of
gender-based violence against women and children in El
Salvador, Guatemala, and Honduras, including by using
survivor surveys, regardless of whether or not these acts of
violence are reported to government authorities;
(2) analysis and information on incidences of cases of
gender-based violence against women and children reported to
the authorities in El Salvador, Guatemala, and Honduras, and
the percentage of alleged perpetrators investigated,
apprehended, prosecuted, and convicted;
(3) analysis and information on the capacity and resource
allocation of child welfare systems in El Salvador,
Guatemala, and Honduras to protect unaccompanied children;
(4) the percentage of reported violence against women and
children cases reaching conviction;
(5) a baseline and percentage changes in women and children
victims receiving legal and other social services;
(6) a baseline and percentage changes in school retention
rates;
(7) a baseline and changes in capacity of police,
prosecution service, and courts to combat violence against
women and children;
(8) a baseline and changes in capacity of justice,
protection, and other relevant ministries to support
survivors of gender-based violence against women and
children; and
(9) independent external evaluation of funded programs,
including compliance with terms of the Compacts by El
Salvador, Guatemala, and Honduras, and by the recipients of
the assistance.
(c) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development shall provide a briefing to the congressional
committees listed in section 1293 regarding--
(1) the data and information collected pursuant to this
section; and
(2) the steps taken to protect and assist victims of
domestic violence, sexual violence, trafficking, and child
exploitation and neglect.
______
SA 4346. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. CUBA DEMOCRACY PROGRAMS.
There is authorized to be appropriated $30,000,000 for the
Department of State to carry out activities to promote
democracy and strengthen United States policy toward Cuba. No
funds so appropriated may be obligated for business
promotion, economic reform, entrepreneurship, or any other
assistance that is not democracy-building, as expressly
authorized in the Cuban Liberty and Solidarity (LIBERTAD) Act
of 1996 (22 U.S.C. 6021 et seq.) and the Cuban Democracy Act
of 1992 (22 U.S.C. 6001 et seq.).
______
SA 4347. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 744. ADDITIONAL AMOUNT FOR RAPID SCREENING UNDER
DEVELOPMENT OF MEDICAL COUNTERMEASURES AGAINST
NOVEL ENTITIES PROGRAM.
(a) Increase.--The amount authorized to be appropriated for
fiscal year 2022 by section 201 for research, development,
test, and evaluation is hereby increased by $4,500,000, with
the amount of the increase to be available for Advanced
Component Development & Prototypes, Research, Development,
Test, and Evaluation, Defense-Wide, for the Chemical and
Biological Defense Program-DEM/VAL, line 82 of the table in
section 4201, for the Development of Medical Countermeasures
Against Novel Entities program of the Defense Threat
Reduction Agency, to allow for the rapid screening of all
compounds approved by the Food and Drug Administration, and
other human-safe compound libraries, to identify optimal drug
candidates for repurposing as medical countermeasures for
coronavirus disease 2019 (commonly known as ``COVID-19'') and
other novel and emerging biological threats.
[[Page S7876]]
(b) Offset.--The amount authorized to be appropriated for
fiscal year 2022 by section 301 for operation and maintenance
is hereby decreased by $4,500,000, with the amount of the
reduction to be derived from Admin and Servicewide
Activities, Operations and Maintenance, Defense-Wide, for
Defense Media Activity, line 370 of the table in section
4301.
______
SA 4348. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. FOREIGN INFLUENCE TRANSPARENCY.
(a) Short Title.--This section may be cited as the
``Foreign Influence Transparency Act''.
(b) Limiting Exemption From Foreign Agent Registration
Requirement for Persons Engaging in Activities in Furtherance
of Certain Pursuits to Activities Not Promoting Political
Agenda of Foreign Governments.--
(1) In general.--Section 3(e) of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 613(e)) is inserting
before the semicolon at the end the following: ``, but only
if the activities do not promote the political agenda of a
government of a foreign country;''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to activities carried out on or
after the date of the enactment of this Act.
(c) Disclosures of Foreign Gifts and Agreements.--
(1) In general.--Section 117 of the Higher Education Act of
1965 (20 U.S.C. 1011f) is amended--
(A) in the section heading, by adding ``and agreements'' at
the end;
(B) in subsection (a), by striking ``$250,000'' and
inserting ``$50,000'';
(C) in subsection (b)--
(i) in paragraph (1), in the first sentence, by inserting
before the period at the end the following: ``, including the
content of each such contract''; and
(ii) in paragraph (2), by inserting before the period the
following: ``, including the content of each such contract'';
(D) in subsection (e), by inserting ``, including the
contents of any contracts,'' after ``reports'';
(E) by redesignating subsections (e), (f), (g), and (h) as
subsections (f), (g), (h), and (i), respectively;
(F) by inserting after subsection (d) the following:
``(e) Confucius Institute Agreements.--
``(1) Defined term.--In this subsection, the term
`Confucius Institute' means a cultural institute directly or
indirectly funded by the Government of the People's Republic
of China.
``(2) Disclosure requirement.--Any institution that has
entered into an agreement with a Confucius Institute shall
immediately make the full text of such agreement available--
``(A) on the publicly accessible website of the
institution;
``(B) to the Department of Education;
``(C) to the Committee on Health, Education, Labor, and
Pensions of the Senate; and
``(D) to the Committee on Education and Labor of the House
of Representatives.''; and
(G) in subsection (i), as redesignated--
(i) in paragraph (2), by amending subparagraph (A) to read
as follows:
``(A) a foreign government, including--
``(i) any agency of a foreign government, and any other
unit of foreign governmental authority, including any foreign
national, State, local, and municipal government;
``(ii) any international or multinational organization
whose membership is composed of any unit of foreign
government described in clause (i); and
``(iii) any agent or representative of any such unit or
such organization, while acting as such;''; and
(ii) in paragraph (3), by inserting before the semicolon at
the end the following: ``, or the fair market value of an in-
kind gift''.
(2) Effect of noncompliance with disclosure requirement.--
Any institution of higher education (as defined in section
101of the Higher Education Act of 1965 (20 U.S.C. 1001)) that
is not in compliance with the disclosure requirements set
forth in section 117 of such Act (20 U.S.C. 1011f) shall be
ineligible to enroll foreign students under the Student and
Exchange Visitor Program.
(3) Effective date.--The amendments made by paragraph (1)
shall apply with respect to gifts received or contracts or
agreements entered into, or other activities carried out, on
or after the date of the enactment of this Act.
______
SA 4349. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1012 and insert the following:
SEC. 1012. SUPPORT FOR A UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
(a) Modification of Use of Funds to Support a Unified
Counterdrug and Counterterrorism Campaign in Colombia.--
Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for fiscal Year 2005 (Public Law 108-375;
118 Stat. 2042), as most recently amended by section 1021 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1577), is further amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``2022'' and inserting
``2026''; and
(B) by adding at the end the following new paragraph:
``(4) The Secretary of Defense shall use the authority to
provide assistance for a campaign under this subsection to
achieve the following purposes:
``(A) Helping the Government of Colombia advance into the
coca-growing regions of southern Colombia, which are
dominated by paramilitary groups.
``(B) Upgrading the capability of Colombia to aggressively
interdict cocaine and cocaine traffickers through the
provision of radar, aircraft and airfield upgrades, and
improved anti-narcotics intelligence gathering.
``(C) Increasing coca crop eradication.
``(D) Providing economic alternatives for Colombian farmers
who grow coca and poppy plants.
``(E) Increasing protection of human rights, expanding the
rule of law, and promoting the peace process.'';
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``2022'' and inserting ``2026''; and
(3) by adding at the end the following new subsection:
``(h) Authorization of Appropriations.--There is authorized
to be appropriated $461,400,000 for each of fiscal years 2022
through 2026 to support the campaign described in subsection
(a).''.
(b) Report Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report on the policy
and strategy of the United States, as of the date on which
the report is submitted, regarding United States
counternarcotics assistance for Colombia.
(2) Elements.--The report required by paragraph (1) shall
address the following:
(A) The key objectives of the strategy described in
paragraph (1) and a detailed description of benchmarks by
which to measure progress toward those objectives.
(B) The actions required of the United States to support
and achieve the objectives described in subparagraph (A) and
a schedule and cost estimates for implementing such actions.
(C) The role of the United States in the efforts of the
Government of Colombia to deal with illegal drug production
in Colombia.
(D) The role of the United States in the efforts of the
Government of Colombia to deal with the insurgency and
covered organizations in Colombia.
(E) How the strategy described in paragraph (1) relates to
and affects the strategy of the United States in countries
neighboring Colombia.
(F) How the strategy described in paragraph (1) relates to
and affects the strategy of the United States for fulfilling
global counternarcotics goals.
(G) A strategy and schedule for providing material,
technical, and logistical support to Colombia and neighboring
countries in order to--
(i) defend the rule of law; and
(ii) more effectively impede the cultivation, production,
transit, and sale of illicit narcotics.
(H) A schedule for making forward operating locations in
Colombia fully operational, including--
(i) cost estimates;
(ii) a description of the potential capabilities for each
proposed location; and
(iii) an explanation of how the design of the forward
operating locations fits into the strategy described in
paragraph (1).
(3) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(ii) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(B) Covered organization.--The term ``covered
organization'' has the meaning given that term in section
1021(a) of the Ronald W. Reagan National Defense
Authorization Act for fiscal Year 2005 (Public Law 108-375;
118 Stat. 2042), as most recently amended by section 1021 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1577).
______
SA 4350. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr.
[[Page S7877]]
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. INVESTMENT OF THRIFT SAVINGS FUND.
Section 8438 of title 5, United States Code, is amended by
adding at the end the following:
``(i)(1) In this subsection--
``(A) the term `PCAOB' means the Public Company Accounting
Oversight Board; and
``(B) the term `registered public accounting firm' has the
meaning given the term in section 2(a) of the Sarbanes-Oxley
Act of 2002 (15 U.S.C. 7201(a)).
``(2) Notwithstanding any other provision of this section,
no sums in the Thrift Savings Fund may be invested in any
security that is listed on an exchange in a jurisdiction in
which the PCAOB is prevented from conducting a complete
inspection or investigation of a registered public accounting
firm under section 104 or 105 of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7214, 7215), respectively, because of a
position taken by an authority in that jurisdiction, as
determined by the PCAOB.
``(3) The Board shall consult with the Securities and
Exchange Commission on a biennial basis in order to ensure
compliance with paragraph (2).''.
______
SA 4351. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. EXPANSION OF ENTITIES OF THE PEOPLE'S REPUBLIC OF
CHINA SUBJECT TO PRESIDENTIAL AUTHORITIES UNDER
THE INTERNATIONAL EMERGENCY ECONOMIC POWERS
ACT.
Section 1237 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
50 U.S.C. 1701 note) is amended--
(1) in subsection (a)(1), by striking ``(other than
authorities relating to importation)''; and
(2) in subsection (b)(4)(B)--
(A) by striking clause (i) and inserting the following new
clause (i):
``(i) is owned or controlled by, affiliated with, or
otherwise shares common purpose or relevant characteristics
with, the People's Liberation Army or a ministry of the
government of the People's Republic of China, or that is
owned or controlled by an entity affiliated with or that
otherwise shares common purpose or relevant characteristics
with the defense industrial base or surveillance technology
sector of the People's Republic of China; and''; and
(B) in clause (ii) by inserting ``research and
development,'' after ``services,''.
______
SA 4352. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. INTEGRITY AND SECURITY OF FINANCIAL MARKETS.
(a) Short Title.--This section may be cited as the
``American Financial Markets Integrity and Security Act''.
(b) Prohibitions Relating to Certain Communist Chinese
Military Companies.--
(1) Definitions.--In this subsection:
(A) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
(B) Control; insurance company.--The terms ``control'' and
``insurance company'' have the meanings given the terms in
section 2(a) of the Investment Company Act of 1940 (15 U.S.C.
80a-2(a)).
(C) Covered entity.--
(i) In general.--The term ``covered entity''--
(I) means an entity on--
(aa) the list of Communist Chinese military companies
required by section 1237(b) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 50 U.S.C. 1701 note); or
(bb) the entity list maintained by the Bureau of Industry
and Security of the Department of Commerce and set forth in
Supplement No. 4 to part 744 of title 15, Code of Federal
Regulations; and
(II) includes a parent, subsidiary, or affiliate of, or an
entity controlled by, an entity described in subclause (I).
(ii) Grace period.--For the purposes of this section, and
the amendments made by this section, an entity shall be
considered to be a covered entity beginning on the date that
is 1 year after the date on which the entity first qualifies
under the applicable provision of clause (i).
(D) Exchange; security.--The terms ``exchange'' and
``security'' have the meanings given those terms in section
3(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)).
(2) Prohibitions.--
(A) Listing on exchange.--Beginning on the date that is 1
year after the date of enactment of this Act, the Commission
shall prohibit a covered entity from offering to sell or
selling on an exchange (or through any other method that is
within the jurisdiction of the Commission to regulate,
including through the method of trading that is commonly
referred to as the ``over-the-counter'' trading of
securities) securities issued by the covered entity,
including pursuant to an exemption to section 5 of the
Securities Act of 1933 (15 U.S.C. 77e).
(B) Investments; limitation on actions.--
(i) In general.--The Investment Company Act of 1940 (15
U.S.C. 80a-1 et seq.) is amended--
(I) in section 12(d) (15 U.S.C. 80a-12(d)), by adding at
the end the following:
``(4)(A) It shall be unlawful for any investment company,
or any person that would be an investment company but for the
application of paragraph (1) or (7) of section 3(c), to
invest in a covered entity.
``(B) In this paragraph, the term `covered entity' has the
meaning given the term in subsection (b)(1)(C) of the
American Financial Markets Integrity and Security Act.''; and
(II) in section 13(c)(1) (15 U.S.C. 80a-13(c)(1))--
(aa) in subparagraph (A), by striking ``or'' at the end;
(bb) in subparagraph (B), by striking the period at the end
and inserting ``or''; and
(cc) by adding at the end the following:
``(C) are covered entities, as that term is defined in
section 12(d)(4)(B).''.
(ii) Effective date.--The amendments made by clause (i)
shall take effect on the date that is 1 year after the date
of enactment of this Act.
(C) Federal funds.--
(i) In general.--Except as provided in clause (ii), on and
after the date that is 180 days after the date of enactment
of this Act, no Federal funds may be used to enter into,
extend, or renew a contract or purchasing agreement with a
covered entity.
(ii) Waiver.--The head of a Federal agency may issue a
national security waiver to the prohibition in clause (i) for
a period of not more than 2 years with respect to a covered
entity if the agency head submits to Congress a notification
that includes--
(I) a written justification for the waiver; and
(II) a plan for a phase-out of the goods or services
provided by the covered entity.
(D) Investments by insurance companies.--
(i) In general.--On and after the date of enactment of this
Act, an insurance company may not invest in a covered entity.
(ii) Certification of compliance.--
(I) In general.--Each insurance company shall, on an annual
basis, submit to the Secretary of the Treasury a
certification of compliance with clause (i).
(II) Responsibilities of the secretary.--The Secretary of
the Treasury shall create a form for the submission required
under subclause (I) in such a manner that minimizes the
reporting burden on an insurance company making the
submission.
(iii) Sharing information.--The Secretary of the Treasury,
acting through the Federal Insurance Office, shall share the
information received under clause (ii) and coordinate
verification of compliance with State insurance offices.
(3) Qualified trusts, etc.--
(A) In general.--Subsection (a) of section 401 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (38) the following new paragraph:
``(39) Prohibited investments.--A trust which is part of a
plan shall not be treated as a qualified trust under this
subsection unless the plan provides that no part of the
plan's assets will be invested in any covered entity (as
defined in section 12(d)(6)(B) of the Investment Company Act
of 1940).''.
(B) IRAs.--Paragraph (3) of section 408(a) of such Code is
amended by striking ``contracts'' and inserting ``contracts
or in any covered entity (as defined in section 12(d)(6)(B)
of the Investment Company Act of 1940''.
(C) Fiduciary duty.--Section 404 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1104) is amended by
adding at the end the following new subsection:
``(f) Prohibited Investments.--No fiduciary shall cause any
assets of a plan to be invested in any covered entity (as
defined in section 12(d)(6)(B) of the Investment Company Act
of 1940 (15 U.S.C. 80a-12(d)(6)(B))).''.
(D) Effective date.--
(i) In general.--Except as provided in clause (ii), the
amendments made by this paragraph shall apply to plan years
beginning after the date which is 180 days after the date of
the enactment of this Act.
[[Page S7878]]
(ii) Plan amendments.--If clause (iii) applies to any
retirement plan or contract amendment--
(I) such plan or contract shall not fail to be treated as
being operated in accordance with the terms of the plan
during the period described in clause (iii)(II) solely
because the plan operates in accordance with the amendments
made by this subsection, and
(II) except as provided by the Secretary of the Treasury
(or the Secretary's delegate), such plan or contract shall
not fail to meet the requirements of the Internal Revenue
Code of 1986 or the Employee Retirement Income Security Act
of 1974 by reason of such amendment.
(iii) Amendments to which paragraph applies.--
(I) In general.--This clause shall apply to any amendment
to any plan or annuity contract which--
(aa) is made pursuant to the provisions of this subsection,
and
(bb) is made on or before the last day of the first plan
year beginning on or after the date which is 2 years after
the date of the enactment of this Act (4 years after such
date of enactment, in the case of a governmental plan).
(II) Conditions.--This clause shall not apply to any
amendment unless--
(aa) during the period beginning on the date which is 180
days after the date of the enactment of this Act, and ending
on the date described in subclause (I)(bb) (or, if earlier,
the date the plan or contract amendment is adopted), the plan
or contract is operated as if such plan or contract amendment
were in effect, and
(bb) such plan or contract amendment applies retroactively
for such period.
(iv) Subsequent amendments.--Rules similar to the rules of
clauses (ii) and (iii) shall apply in the case of any
amendment to any plan or annuity contract made pursuant to
any update of the list of Communist Chinese military
companies required by section 1237(b) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 50 U.S.C. 1701 note) which is made after
the effective date of the amendments made by this paragraph.
(c) Modification of Requirements for List of Communist
Chinese Military Companies.--Section 1237(b) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 50 U.S.C. 1701 note) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Revisions to the list.--
``(A) Additions.--The Secretary of Defense, the Secretary
of Commerce, or the Director of National Intelligence may add
a person to the list required by paragraph (1) at any time.
``(B) Removals.--A person may be removed from the list
required by paragraph (1) if the Secretary of Defense, the
Secretary of Commerce, and the Director of National
Intelligence agree to remove the person from the list.
``(C) Submission of updates to congress.--Not later than
February 1 of each year, the Secretary of Defense shall
submit a version of the list required in paragraph (1),
updated to include any additions or removals under this
paragraph, to the committees and officers specified in
paragraph (1).'';
(2) by striking paragraph (3) and inserting the following:
``(3) Consultation.--In carrying out paragraphs (1) and
(2), the Secretary of Defense, the Secretary of Commerce, and
the Director of National Intelligence shall consult with each
other, the Attorney General, and the Director of the Federal
Bureau of Investigation.''; and
(3) in paragraph (4), in the matter preceding subparagraph
(A), by striking ``making the determination required by
paragraph (1) and of carrying out paragraph (2)'' and
inserting ``this section''.
(d) Analysis of Financial Ambitions of the Government of
the People's Republic of China.--
(1) Analysis required.--The Director of the Office of
Commercial and Economic Analysis of the Air Force shall
conduct an analysis of--
(A) the strategic importance to the Government of the
People's Republic of China of inflows of United States
dollars through capital markets to the People's Republic of
China;
(B) the methods by which that Government seeks to manage
such inflows;
(C) how the inclusion of the securities of Chinese entities
in stock or bond indexes affects such inflows and serves the
financial ambitions of that Government; and
(D) how the listing of the securities of Chinese entities
on exchanges in the United States assists in--
(i) meeting the strategic goals of that Government,
including defense, surveillance, and intelligence goals; and
(ii) the fusion of the civilian and military components of
that Government.
(2) Submission to congress.--The Director of the Office of
Commercial and Economic Analysis of the Air Force shall
submit to Congress a report--
(A) setting forth the results of the analysis conducted
under paragraph (1); and
(B) based on that analysis, making recommendations for best
practices to mitigate any national security and economic
risks to the United States relating to the financial
ambitions of the Government of the People's Republic of
China.
______
SA 4353. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. LIMITATION ON USE OF FUNDS FOR THE 2022 OLYMPIC
AND PARALYMPIC WINTER GAMES IN CHINA.
(a) In General.--None of the funds authorized to be
appropriated or otherwise made available by this Act may be
made available to provide transportation for any United
States officer or official to attend, on official Government
business, the 2022 Olympic and Paralympic Winter Games in the
People's Republic of China.
(b) Rule of Construction.--Nothing in this section may be
construed to limit the authorization of appropriations to
provide security during the 2022 Olympic and Paralympic
Winter Games to any United States athlete or associated
support staff of the United States Olympic and Paralympic
Committee.
______
SA 4354. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1210. SECURITY ASSISTANCE FOR COLOMBIA.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to build the capacity of the navy of Colombia for
interoperability with--
(A) the United States;
(B) member countries of the North Atlantic Treaty
Organization; and
(C) other Colombian security partners; and
(2) to bolster the ability of the military forces of
Colombia to export maritime security to Central American
partner countries.
(b) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 2022 for the Department of
Defense--
(1) $20,000,000 for Foreign Military Financing assistance
to Colombia for the procurement and sustainment of additional
aluminum-hull riverine vessels and new littoral-riverine
vessels, including training of personnel on the use of such
vessels;
(2) $10,000,000 for the acquisition by Colombia of man-
portable vertical lift unmanned aircraft systems for
intelligence, signals, and reconnaissance support for
riverine and littoral operations; and
(3) $10,000,000 to equip the marines of Colombia with
Falcon-III radios for the purpose of supporting interoperable
radio and data transmission.
(c) Prohibition on Use of Funds.--None of the funds made
available by this Act or any other Act may be made available
for the transfer of funds to the Revolutionary Armed Forces
of Colombia (commonly known as ``FARC''), the Ejercito de
Liberacion Nacional (commonly known as ``ELN''), or any other
organization designated as a foreign terrorist organization
under section 219(a) of the Immigration and Nationality Act
(8 U.S.C. 1189(a)).
______
SA 4355. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1004. AUTHORIZATION OF APPROPRIATIONS FOR THE OFFICE OF
CUBA BROADCASTING.
There is authorized to be appropriated to the United States
Agency for Global Media not less than $29,144,000 for fiscal
year 2022 for the Office of Cuba Broadcasting, of which not
less than $3,000,000 should be used--
(1) to deliver satellite-based broadband Internet services
to the people of Cuba to give them unfettered access to the
open Internet;
(2) to create an access point for the satellite broadband
through a Radio Television Marti website that acts as a news
aggregator rather than solely serving as a content provider;
and
[[Page S7879]]
(3) to provide firewall circumvention tools to the people
of Cuba.
______
SA 4356. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1004. UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE
CORPORATION FIELD OFFICES.
(a) In General.--Section 1412 of the BUILD Act of 2018 (22
U.S.C. 9612) is amended by adding at the end the following:
``(d) Field Offices.--The Chief Executive Officer of the
Corporation shall establish field offices in Mexico,
Colombia, and Brazil--
``(1) to amplify regional engagement and the execution of
programs to catalyze United States private sector investment;
and
``(2) to help expand economic opportunities with allies and
partners in Latin America and the Caribbean.''.
(b) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal $10,000,000 to the United
States International Development Finance Corporation for the
purpose of establishing field offices in strategic locations,
including Mexico, Colombia, and Brazil, to maximize United
States' engagement in the Western Hemisphere.
______
SA 4357. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Palestinian International Terrorism Support Prevention
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Palestinian
International Terrorism Support Prevention Act of 2021''.
SEC. 1292. DEFINITIONS.
Except as otherwise provided, in this subtitle:
(1) Admitted.--The term ``admitted'' has the meaning given
that term in section 101(a)(13)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(13)(A)).
(2) Appropriate congressional committees.--Except as
otherwise provided, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
(3) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not a United States person; or
(B) a corporation, partnership, or other nongovernmental
entity that is not a United States person.
(4) Material support.--The term ``material support'' has
the meaning given the term ``material support or resources''
in section 2339A of title 18, United States Code.
(5) Person.--The term ``person'' means an individual or
entity.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 1293. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to prevent Hamas, the Palestinian Islamic Jihad, or any
affiliate or successor thereof from accessing its
international support networks; and
(2) to oppose Hamas, the Palestinian Islamic Jihad, or any
affiliate or successor thereof from attempting to use goods,
including medicine and dual-use items, to smuggle weapons and
other materials to further acts of terrorism.
SEC. 1294. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
PERSONS AND AGENCIES AND INSTRUMENTALITIES OF
FOREIGN STATES SUPPORTING HAMAS, THE
PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE OR
SUCCESSOR THEREOF.
(a) Identification.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 3 years, the President shall submit to the
appropriate congressional committees a report that identifies
each foreign person or agency or instrumentality of a foreign
state that the President determines--
(A) knowingly assists in, sponsors, or provides significant
financial or material support for, or financial or other
services to or in support of, the terrorist activities of any
person described in paragraph (2); or
(B) directly or indirectly, knowingly and materially
engages in a significant transaction with any person
described in paragraph (2).
(2) Person described.--A person described in this paragraph
is a foreign person that the President determines--
(A) is a senior member of Hamas, the Palestinian Islamic
Jihad, or any affiliate or successor thereof;
(B) is a senior member of a foreign terrorist organization
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) whose members directly or
indirectly support the terrorist activities of Hamas, the
Palestinian Islamic Jihad, or any affiliate or successor
thereof by knowingly engaging in a significant transaction
with, or providing financial or material support for Hamas,
the Palestinian Islamic Jihad, or any affiliate or successor
thereof, or any person described in subparagraph (A); or
(C) directly or indirectly supports the terrorist
activities of Hamas, the Palestinian Islamic Jihad, or any
affiliate or successor thereof by knowingly and materially
assisting, sponsoring, or providing financial or material
support for, or goods or services to or in support of, Hamas,
the Palestinian Islamic Jihad, or any affiliate or successor
thereof, or any person described in subparagraph (A) or (B).
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form, but may contain
a classified annex.
(4) Exception.--
(A) In general.--The President shall not be required to
identify a foreign person or an agency or instrumentality of
a foreign state in a report pursuant to paragraph (1)(B) if--
(i) the foreign person or agency or instrumentality of a
foreign state notifies the United States Government in
advance that it proposes to engage in a significant
transaction described in that paragraph; and
(ii) the President determines and notifies the appropriate
congressional committees in a classified form not less than
15 days prior to the foreign person or agency or
instrumentality of a foreign state engaging in the
significant transaction that the significant transaction is
in the national interests of the United States.
(B) Non-applicability.--Subparagraph (A) shall not apply
with respect to--
(i) an agency or instrumentality of a foreign state that
the Secretary of State determines has repeatedly provided
support for acts of international terrorism pursuant to
section 1754(c) of the Export Controls Act of 2018 (50 U.S.C.
4813(c)), section 40 of the Arms Export Control Act (22
U.S.C. 2780), section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371), or any other provision of law; or
(ii) any significant transaction described in paragraph
(1)(B) that involves, directly or indirectly, a foreign state
described in clause (i).
(b) Imposition of Sanctions.--
(1) In general.--The President shall impose two or more of
the sanctions described in paragraph (2) with respect to a
foreign person or an agency or instrumentality of a foreign
state identified pursuant to subsection (a).
(2) Sanctions described.--The sanctions described in this
paragraph to be imposed with respect to a foreign person or
an agency or instrumentality of a foreign state are the
following:
(A) The President may direct the Export-Import Bank of the
United States not to give approval to the issuance of any
guarantee, insurance, extension of credit, or participation
in the extension of credit in connection with the export of
any goods or services to the foreign person or agency or
instrumentality of a foreign state, and the Export-Import
Bank of the United States shall comply with any such
direction.
(B) The President may prohibit the sale of any defense
articles, defense services, or design and construction
services under the Arms Export Control Act (22 U.S.C. 2751 et
seq.) to the foreign person or agency or instrumentality of a
foreign state.
(C) The President may prohibit the issuance of licenses for
export of any item on the United States Munitions List under
section 38(a)(1) of the Arms Export Control Act (22 U.S.C.
2778(a)(1)) that include the foreign person or agency or
instrumentality of a foreign state as a party.
(D) The President may prohibit the export of any goods or
technologies controlled for national security reasons under
the Export Administration Regulations under subchapter C of
chapter VII of title 15, Code of Federal Regulations, to the
foreign person or agency or instrumentality of a foreign
state, except that such prohibition shall not apply to any
transaction subject to the reporting requirements of title V
of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.).
(E) The President may prohibit any United States financial
institution from making loans or providing any credit or
financing totaling more than $10,000,000 to the foreign
person or agency or instrumentality of a foreign state,
except that this subparagraph shall not apply to--
(i) any transaction subject to the reporting requirements
of title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.);
(ii) the provision of medicines, medical equipment, and
humanitarian assistance; or
[[Page S7880]]
(iii) any credit, credit guarantee, or financial assistance
provided by the Department of Agriculture to support the
purchase of food or other agricultural commodities.
(F) The President may exercise all powers granted to the
President by the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) (except that the requirements of
section 202 of such Act (50 U.S.C. 1701) shall not apply) to
the extent necessary to block and prohibit all transactions
in all property and interests in property of a foreign person
or agency or instrumentality of a foreign state if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(3) Exception.--The President shall not be required to
apply sanctions under this subsection with respect to a
foreign person or an agency or instrumentality of a foreign
state identified pursuant to subsection (a) if the President
certifies in writing to the appropriate congressional
committees that--
(A) the foreign person or agency or instrumentality--
(i) is no longer carrying out activities or transactions
for which the sanctions were to be imposed; or
(ii) has taken and is continuing to take significant
verifiable steps toward terminating the activities or
transactions for which the sanctions were to be imposed; and
(B) the President has received reliable assurances from the
foreign person or agency or instrumentality that it will not
carry out any activities or transactions for which sanctions
may be imposed under this subsection in the future.
(c) Penalties.--
(1) In general.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that knowingly violates, attempts to violate, conspires to
violate, or causes a violation of regulations prescribed
under section 1298(b) to carry out subsection (b)(2)(F) to
the same extent that such penalties apply to a person that
knowingly commits an unlawful act described in section 206(a)
of that Act.
(2) Authorities.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) for purposes of carrying out subsection
(b)(2)(F).
(d) Waiver.--
(1) In general.--The President may waive, on a case-by-case
basis and for a period of not more than 180 days, a
requirement under subsection (b) to impose or maintain
sanctions with respect to a foreign person or agency or
instrumentality of a foreign state if the President--
(A) determines that the waiver is in the national security
interest of the United States; and
(B) not less than 30 days before the waiver takes effect,
submits to the appropriate congressional committees a report
on the waiver and the justification for the waiver.
(2) Renewal of waiver.--The President may, on a case-by-
case basis, renew a waiver under paragraph (1) for additional
periods of not more than 180 days if the President--
(A) determines that the renewal of the waiver is in the
national security interest of the United States; and
(B) not less than 15 days before the waiver expires,
submits to the appropriate congressional committees a report
on the renewal of the waiver and the justification for the
renewal of the waiver.
(e) Rule of Construction.--The authority to impose
sanctions under subsection (b) with respect to a foreign
person or an agency or instrumentality of a foreign state
identified pursuant to subsection (a) is in addition to the
authority to impose sanctions under any other provision of
law with respect to foreign persons or agencies or
instrumentalities of foreign states that directly or
indirectly support international terrorism.
(f) Agency or Instrumentality of a Foreign State Defined.--
In this section, the term ``agency or instrumentality of a
foreign state'' has the meaning given that term in section
1603(b) of title 28, United States Code.
(g) Effective Date.--This section shall take effect on the
date of the enactment of this Act and apply with respect to
activities and transactions described in subsection (a) that
are carried out on or after such date of enactment.
SEC. 1295. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
GOVERNMENTS THAT PROVIDE MATERIAL SUPPORT FOR
THE TERRORIST ACTIVITIES OF HAMAS, THE
PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE OR
SUCCESSOR THEREOF.
(a) Identification.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report that identifies the following:
(A) Each government of a foreign country--
(i) with respect to which the Secretary of State determines
has repeatedly provided support for acts of international
terrorism pursuant to section 1754(c) of the Export Controls
Act of 2018 (50 U.S.C. 4813(c)), section 40 of the Arms
Export Control Act (22 U.S.C. 2780), section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other
provision of law; and
(ii) with respect to which the President determines has
provided direct or indirect material support for the
terrorist activities of Hamas, the Palestinian Islamic Jihad,
or any affiliate or successor thereof.
(B) Each government of a foreign country that--
(i) is not identified under subparagraph (A); and
(ii) the President determines engaged in a significant
transaction so as to contribute knowingly and materially to
the efforts by the government of a foreign country described
in subparagraph (A)(i) to provide direct or indirect material
support for the terrorist activities of Hamas, the
Palestinian Islamic Jihad, or any affiliate or successor
thereof.
(2) Form of report.--Each report submitted under paragraph
(1) shall be submitted in unclassified form but may contain a
classified annex.
(b) Imposition of Sanctions.--
(1) In general.--The President shall impose the following
sanctions with respect to each government of a foreign
country identified under subsection (a)(1):
(A) The United States Government shall suspend, for a
period of one year, United States assistance to the
government of the foreign country.
(B) The Secretary of the Treasury shall instruct the United
States Executive Director to each appropriate international
financial institution to oppose, and vote against, for a
period of one year, the extension by that institution of any
loan or financial or technical assistance to the government
of the foreign country.
(C) No item on the United States Munitions List under
section 38(a)(1) of the Arms Export Control Act (22 U.S.C.
2778(a)(1)) or the Commerce Control List set forth in
Supplement No. 1 to part 774 of title 15, Code of Federal
Regulations (or any successor list), may be exported to the
government of the foreign country for a period of one year.
(2) Exceptions.--The President shall not be required to
apply sanctions with respect to the government of a foreign
country pursuant to paragraph (1)--
(A) with respect to materials intended to be used by
military or civilian personnel of the United States Armed
Forces at military facilities in the country; or
(B) if the application of such sanctions would prevent the
United States from meeting the terms of any status of forces
agreement to which the United States is a party.
(c) Additional Sanctions With Respect to State Sponsors of
Terrorism.--The President shall impose the following
additional sanctions with respect to each government of a
foreign country identified under subsection (a)(1)(A):
(1) The President shall, pursuant to such regulations as
the President may prescribe, prohibit any transactions in
foreign exchange that are subject to the jurisdiction of the
United States and in which the government of the foreign
country has any interest.
(2) The President shall, pursuant to such regulations as
the President may prescribe, prohibit any transfers of credit
or payments between one or more financial institutions or by,
through, or to any financial institution, to the extent that
such transfers or payments are subject to the jurisdiction of
the United States and involve any interest of the government
of the foreign country.
(d) Waiver.--
(1) In general.--The President may waive, on a case-by-case
basis and for a period of not more than 180 days, a
requirement under subsection (b) or (c) to impose or maintain
sanctions with respect to a foreign government identified
pursuant to subparagraph (A) or (B) of subsection (a)(1) if
the President--
(A) determines that the waiver is in the national security
interest of the United States; and
(B) not less than 30 days before the waiver takes effect,
submits to the appropriate congressional committees a report
on the waiver and the justification for the waiver.
(2) Renewal of waiver.--The President may, on a case-by-
case basis, renew a waiver under paragraph (1) for additional
periods of not more than 180 days if the President--
(A) determines that the renewal of the waiver is in the
national security interest of the United States; and
(B) not less than 15 days before the waiver expires,
submits to the appropriate congressional committees a report
on the renewal of the waiver and the justification for the
renewal of the waiver.
(e) Rule of Construction.--The authority to impose
sanctions under subsection (b) or (c) with respect to each
government of a foreign country identified pursuant to
subparagraph (A) or (B) of subsection (a)(1) is in addition
to the authority to impose sanctions under any other
provision of law with respect to governments of foreign
countries that provide material support to foreign terrorist
organizations designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(f) Termination.--The President may terminate any sanctions
imposed with respect to the government of a foreign country
under subsection (b) or (c) if the President determines and
notifies the appropriate congressional committees that the
government of the foreign country--
(1) is no longer carrying out activities or transactions
for which the sanctions were imposed; and
(2) has provided assurances to the United States Government
that it will not carry out
[[Page S7881]]
activities or transactions for which sanctions may be imposed
under subsection (b) or (c) in the future.
(g) Effective Date.--This section shall take effect on the
date of the enactment of this Act and apply with respect to
activities and transactions described in subparagraph (A) or
(B) of subsection (a)(1) that are carried out on or after
such date of enactment.
SEC. 1296. EXEMPTIONS RELATING TO PROVISION OF HUMANITARIAN
ASSISTANCE.
(a) Sanctions With Respect to Foreign Persons and Agencies
and Instrumentalities of Foreign States.--The following
activities shall be exempt from sanctions under section 1294:
(1) The conduct or facilitation of a transaction for the
sale of agricultural commodities, food, medicine, or medical
devices to a foreign person described in section 1294(a)(2).
(2) The provision of humanitarian assistance to a foreign
person described in section 1294(a)(2), including engaging in
a financial transaction relating to humanitarian assistance
or for humanitarian purposes or transporting goods or
services that are necessary to carry out operations relating
to humanitarian assistance or humanitarian purposes.
(b) Sanctions With Respect to Foreign Governments.--The
following activities shall be exempt from sanctions under
section 1295:
(1) The conduct or facilitation of a transaction for the
sale of agricultural commodities, food, medicine, or medical
devices to Hamas, the Palestinian Islamic Jihad, or any
affiliate or successor thereof described in section
1295(a)(1).
(2) The provision of humanitarian assistance to Hamas, the
Palestinian Islamic Jihad, or any affiliate or successor
thereof described in section 1295(a)(1), including engaging
in a financial transaction relating to humanitarian
assistance or for humanitarian purposes or transporting goods
or services that are necessary to carry out operations
relating to humanitarian assistance or humanitarian purposes.
SEC. 1297. REPORT ON ACTIVITIES OF FOREIGN COUNTRIES TO
DISRUPT GLOBAL FUNDRAISING, FINANCING, AND
MONEY LAUNDERING ACTIVITIES OF HAMAS, THE
PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE OR
SUCCESSOR THEREOF.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that includes--
(A) a list of foreign countries that support Hamas, the
Palestinian Islamic Jihad, or any affiliate or successor
thereof, or in which Hamas maintains important portions of
its financial networks;
(B) with respect to each foreign country on the list
required by subparagraph (A)--
(i) an assessment of whether the government of the country
is taking adequate measures to freeze the assets of Hamas,
the Palestinian Islamic Jihad, or any affiliate or successor
thereof within the territory of the country; and
(ii) in the case of a country the government of which is
not taking adequate measures to freeze the assets of Hamas--
(I) an assessment of the reasons that government is not
taking adequate measures to freeze those assets; and
(II) a description of measures being taken by the United
States Government to encourage that government to freeze
those assets;
(C) a list of foreign countries in which Hamas, the
Palestinian Islamic Jihad, or any affiliate or successor
thereof, conducts significant fundraising, financing, or
money laundering activities;
(D) with respect to each foreign country on the list
required by subparagraph (C)--
(i) an assessment of whether the government of the country
is taking adequate measures to disrupt the fundraising,
financing, or money laundering activities of Hamas, the
Palestinian Islamic Jihad, or any affiliate or successor
thereof within the territory of the country; and
(ii) in the case of a country the government of which is
not taking adequate measures to disrupt those activities--
(I) an assessment of the reasons that government is not
taking adequate measures to disrupt those activities; and
(II) a description of measures being taken by the United
States Government to encourage that government to improve
measures to disrupt those activities; and
(E) a list of foreign countries from which Hamas, the
Palestinian Islamic Jihad, or any affiliate or successor
thereof, acquires surveillance equipment, electronic
monitoring equipment, or other means to inhibit communication
or political expression in Gaza.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form to the greatest extent
possible and may contain a classified annex.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for
the following 3 years, the Secretary of State, the Secretary
of the Treasury, and the heads of other applicable Federal
departments and agencies (or their designees) shall provide
to the appropriate congressional committees a briefing on the
disposition of the assets and activities of Hamas, the
Palestinian Islamic Jihad, or any successor or affiliate
thereof related to fundraising, financing, and money
laundering worldwide.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee
on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1298. MISCELLANEOUS PROVISIONS.
(a) Rule of Construction.--Nothing in this subtitle shall
be construed to apply to the authorized intelligence
activities of the United States.
(b) Regulatory Authority.--The President shall, not later
than 180 days after the date of the enactment of this Act,
prescribe regulations as are necessary for the implementation
of this subtitle.
(c) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this subtitle shall not include
the authority or requirement to impose sanctions on the
importation of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(d) Termination.--This subtitle shall terminate on the
earlier of--
(1) 30 days after the date on which the President certifies
to the appropriate congressional committees that Hamas and
the Palestinian Islamic Jihad, or any successor or affiliate
thereof--
(A) are no longer designated as a foreign terrorist
organization pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189);
(B) are no longer subject to sanctions pursuant to--
(i) Executive Order 12947 (50 U.S.C. 1701 note; relating to
prohibiting transactions with terrorists who threaten to
disrupt the Middle East peace process); and
(ii) Executive Order 13224 (50 U.S.C. 1701 note; relating
to blocking property and prohibiting transactions with
persons who commit, threaten to commit, or support
terrorism); and
(C) meet the criteria described in paragraphs (1) through
(4) of section 9 of the Palestinian Anti-Terrorism Act of
2006 (Public Law 109-446; 22 U.S.C. 2378b note); or
(2) 3 years after the date of the enactment of this Act.
SEC. 1299. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this subtitle, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 931 et seq.), shall be determined by reference to the
latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the
Congressional Record by the Chairman of the House Budget
Committee, provided that such statement has been submitted
prior to the vote on passage.
______
SA 4358. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Sanctions and Other Measures Relating to the Taliban
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Preventing the
Recognition of Terrorist States Act of 2021''.
SEC. 1292. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to continue to recognize the democratically elected
government of the Islamic Republic of Afghanistan as the
legitimate Government of Afghanistan;
(2) to not recognize the Islamic Emirate of Afghanistan,
which is controlled by the Taliban, as the official
Government of Afghanistan under any circumstances;
(3) to view the Taliban's takeover of Afghanistan as a coup
d'etat and therefore illegitimate;
(4) to recognize that individuals designated as terrorists
by the United States, such as Sirajuddin Haqqani, will play a
key role in the Taliban regime; and
(5) to continue to assist the people of Afghanistan,
especially people at risk as a result of their activities,
beliefs, religion, or political views.
SEC. 1293. PROHIBITION ON ACTIONS RECOGNIZING THE ISLAMIC
EMIRATE OF AFGHANISTAN.
(a) In General.--In furtherance of the policy set forth in
section 1292, no Federal department or agency may take any
action or extend any assistance that states or implies
recognition of the Taliban's claim of sovereignty over
Afghanistan.
(b) Funding Limitation.--Notwithstanding any other
provision of law, no Federal funds appropriated or otherwise
made available for the Department of State, the United States
Agency for International Development, or
[[Page S7882]]
the Department of Defense on or after the date of the
enactment of this Act may be obligated or expended to prepare
or promulgate any policy, guidance, regulation, notice, or
Executive order, or to otherwise implement, administer, or
enforce any policy, that extends diplomatic recognition to
the Islamic Emirate of Afghanistan.
SEC. 1294. DESIGNATION OF ISLAMIC EMIRATE OF AFGHANISTAN AS A
STATE SPONSOR OF TERRORISM.
(a) In General.--The Secretary of State shall designate the
Islamic Emirate of Afghanistan as a state sponsor of
terrorism.
(b) State Sponsor of Terrorism Defined.--In this section,
the term ``state sponsor of terrorism'' means a country the
government of which the Secretary of State has determined has
repeatedly provided support for acts of international
terrorism, for purposes of--
(1) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
(2) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(3) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(4) any other provision of law.
SEC. 1295. DESIGNATION OF THE TALIBAN AS A FOREIGN TERRORIST
ORGANIZATION.
The Secretary of State shall designate the Taliban as a
foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
SEC. 1296. DETERMINATIONS WITH RESPECT TO NARCOTICS
TRAFFICKING AND MONEY LAUNDERING BY THE
TALIBAN.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of State shall submit to Congress a
report that includes--
(1) a determination of whether the Taliban should be
designated as--
(A) a significant foreign narcotics trafficker (as defined
in section 808 of the Foreign Narcotics Kingpin Designation
Act (21 U.S.C. 1907)); or
(B) a significant transnational criminal organization under
Executive Order 13581 (50 U.S.C. 1701 note; relating to
blocking property of transnational criminal organizations);
and
(2) a determination of whether Afghanistan, while under the
control of the Taliban, should be designated as a high-risk
jurisdiction subject to a call for action (commonly referred
to as the ``black list'') under the criteria established for
such designation by the Financial Action Task Force.
SEC. 1297. ASSESSMENT OF WHETHER RARE EARTH METALS EXPORTED
FROM AFGHANISTAN VIOLATE PROHIBITION ON
IMPORTATION OF GOODS MADE WITH FORCED LABOR.
The Commissioner of U.S. Customs and Border Protection
shall--
(1) assess whether the importation of rare earth metals
extracted in Afghanistan and goods produced from such metals
violates the prohibition on importation of goods made with
forced labor under section 307 of the Tariff Act of 1930 (19
U.S.C. 1307); and
(2) consider issuing a withhold release order with respect
to such metals and goods to prevent such metals and goods
from entering the United States.
SEC. 1298. REPORT ON DIPLOMATIC RELATIONS OF THE TALIBAN AND
SUPPORTERS OF THE TALIBAN.
Not later than 120 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of State
shall submit to Congress a report that--
(1) describes the Taliban's relations with Iran, the
Russian Federation, Pakistan, Saudi Arabia, the United Arab
Emirates, Tajikistan, Uzbekistan, and the People's Republic
of China;
(2) identifies each foreign person that knowingly assists,
provides significant support or services to, or is involved
in a significant transaction with, a senior member of the
Taliban or a supporter of the Taliban; and
(3) assesses--
(A) the likelihood that the countries referred to in
paragraph (1) will seek to invest in Afghanistan's key
natural resources; and
(B) the impact of such investments on the national security
of the United States.
SEC. 1299. REPORT ON SAFE HARBOR PROVIDED TO TERRORIST
ORGANIZATIONS BY PAKISTAN.
Not later than 120 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of State
shall submit to Congress and make available to the public a
report that describes the actions taken by the Government of
Pakistan to provide safe harbor to organizations--
(1) designated by the Secretary of State as foreign
terrorist organizations under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189); and
(2) designated as a specially designated global terrorist
organizations under Executive Order 13224 (50 U.S.C. 1701
note; relating to blocking property and prohibiting
transactions with persons who commit, threaten to commit, or
support terrorism).
SEC. 1299A. IMPOSITION OF SANCTIONS WITH RESPECT TO
SUPPORTERS OF THE TALIBAN.
(a) In General.--The President shall impose 2 or more of
the sanctions described in subsection (b) with respect to
each foreign person identified under paragraph (2) of section
1298 in the most recent report submitted under that section.
(b) Sanctions Described.--The sanctions that may be imposed
with respect to a foreign person under subsection (a) are the
following:
(1) Export-import bank assistance for exports to sanctioned
persons.--The President may direct the Export-Import Bank of
the United States not to give approval to the issuance of any
guarantee, insurance, extension of credit, or participation
in the extension of credit in connection with the export of
any goods or services to the foreign person.
(2) Export sanction.--The President may order the United
States Government not to issue any specific license and not
to grant any other specific permission or authority to export
any goods or technology to the foreign person under--
(A) the Export Control Reform Act of 2018 (50 U.S.C. 4801
et seq.);
(B) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(C) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);
or
(D) any other statute that requires the prior review and
approval of the United States Government as a condition for
the export or reexport of goods or services.
(3) Loans from united states financial institutions.--The
President may prohibit any United States financial
institution from making loans or providing credits to the
foreign person totaling more than $10,000,000 in any 12-month
period.
(4) Blocking of property of identified persons.--The
President may exercise all powers granted to the President by
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and prohibit
all transactions in all property and interests in property of
the foreign person if such property and interests in property
are in the United States, come within the United States, or
are or come within the possession or control of a United
States person.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise the
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to the extent necessary to carry out
this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(d) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception relating to importation of goods.--
(A) In general.--The authorities and requirements to impose
sanctions authorized under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
(e) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(2) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or an
alien lawfully admitted for permanent residence to the United
States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 1299B. REPEAL OF EXCEPTION TO SANCTIONS WITH RESPECT TO
ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF
IRAN RELATING TO AFGHANISTAN RECONSTRUCTION.
Subsection (f) of section 1244 of the Iran Freedom and
Counter-Proliferation Act of 2012 (22 U.S.C. 8803) is
repealed.
SEC. 1299C. LIMITATION ON HUMANITARIAN ASSISTANCE THAT COULD
BENEFIT FOREIGN TERRORIST ORGANIZATIONS.
(a) In General.--Before obligating funds described in
subsection (b) for assistance in or for Afghanistan and
Pakistan or any other country in which organizations
designated by the Secretary of State as foreign terrorist
organizations under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) hold territory or wield
substantial economic or political power, the Administrator of
the United States Agency for International Development shall
take all appropriate steps to ensure that such assistance is
not provided to or through--
(1) any individual, private or government entity, or
educational institution that the Secretary knows, or has
reason to believe, advocates, plans, sponsors, engages in, or
has engaged in, terrorist activity; or
(2) any private entity or educational institution that has,
as a principal officer or
[[Page S7883]]
member of the governing board or governing board of trustees
of the entity or institution, any individual who has been
determined to be--
(A) involved in or advocating terrorist activity; or
(B) a member of a foreign terrorist organization.
(b) Funds Described.--Funds described in this subsection
are funds appropriated under the heading ``Economic Support
Fund'', ``Development Assistance'', ``Global Health'',
``Transition Initiatives'', or ``International Humanitarian
Assistance'' in an Act making appropriations for the
Department of State, foreign operations, and related programs
or making supplemental appropriations.
(c) Implementation.--
(1) In general.--The Administrator of the United States
Agency for International Development shall, as appropriate--
(A) establish procedures to specify the steps to be taken
in carrying out subsection (a); and
(B) terminate assistance--
(i) to any individual, entity, or educational institution
that the Secretary has determined to be involved in or
advocating terrorist activity; or
(ii) that could benefit such an individual, entity, or
educational institution.
(2) Inclusion of certain entities.--In establishing
procedures under paragraph (1)(A) with respect to steps to be
taken to ensure that assistance is not provided to
individuals, entities, or institutions described in
subsection (a), the Administrator shall ensure that the
recipients and subrecipients of assistance from the United
States Agency for International Development and their
contractors and subcontractors are included.
SEC. 1299D. RESTRICTION ON FOREIGN ASSISTANCE TO COUNTRIES IN
WHICH COUPS D'ETAT HAVE OCCURRED.
(a) In General.--None of the funds appropriated or
otherwise made available pursuant to an Act making
appropriations for the Department of State, foreign
operations, and related programs or making supplemental
appropriations may be obligated or expended to finance
directly any assistance to the government of any country
whose duly elected head of government is deposed by military
coup d'etat or decree or, after the date of the enactment of
this Act, a coup d'etat or decree in which the military plays
a decisive role.
(b) Resumption of Assistance.--Assistance described in
subsection (a) may be resumed to a government described in
that subsection if the Secretary of State certifies and
reports to Congress that, subsequent to the termination of
such assistance, a democratically elected government has
taken office.
(c) Exception.--The prohibition under subsection (a) shall
not apply to assistance to promote democratic elections or
public participation in democratic processes.
(d) Notification Procedures.--Funds made available pursuant
to subsection (b) or (c) shall be subject to the regular
notification procedures of the Committees on Appropriations
of the Senate and the House of Representatives.
______
SA 4359. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1210. FUNDING FOR INTERNATIONAL MILITARY EDUCATION AND
TRAINING IN LATIN AMERICA, SOUTHEAST ASIA, AND
AFRICA.
There is authorized to be appropriated for fiscal year 2022
for the Department of State $14,100,000 for International
Military Education and Training (IMET) assistance for
countries in Latin America, Southeast Asia, and Africa, to be
made available for purposes of--
(1) training future leaders;
(2) fostering a better understanding of the United States;
(3) establishing a rapport between the United States Armed
Forces and the military forces of countries in Latin America,
Southeast Asia, and Africa to build partnerships for the
future;
(4) enhancing interoperability and capabilities for joint
operations; and
(5) focusing on professional military education, civilian
control of the military, and protection of human rights.
______
SA 4360. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE
CHINESE COMMUNIST PARTY.
(a) Definitions.--In this section:
(1) Chinese entity of concern.--The term ``Chinese entity
of concern'' means--
(A) any college or university in the People's Republic of
China that is determined by the Secretary of Defense to be
involved in the implementation of the military-civil fusion
strategy, including--
(i) any college or university known as the ``Seven Sons of
National Defense'';
(ii) any college or university that receives funding from--
(I) the People's Liberation Army; or
(II) the Equipment Development Department, or the Science
and Technology Commission, of the Central Military
Commission;
(iii) any college or university in the People's Republic of
China involved in military training and education, including
any such college or university in partnership with the
People's Liberation Army;
(iv) any college or university in the People's Republic of
China that conducts military research or hosts dedicated
military initiatives or laboratories, including such a
college or university designated under the ``double first-
class university plan'';
(v) any college or university in the People's Republic of
China that is designated by the State Administration for
Science, Technology, and Industry for the National Defense to
host ``joint construction'' programs; and
(vi) any college or university in the People's Republic of
China that has launched a platform for military-civil fusion
or created national defense laboratories;
(B) any enterprise owned by the People's Republic of China;
and
(C) any privately owned company in the People's Republic of
China--
(i) that has received the Weapons and Equipment Research
and Production Certificate;
(ii) that is otherwise known to have set up mechanisms for
engaging in activity in support of military initiatives;
(iii) that has a history of subcontracting for the People's
Liberation Army or its affiliates; or
(iv) that has an owner or a senior management official who
has served as a delegate to the National People's Congress or
a member of the Chinese People's Political Consultative
Conference.
(2) Covered entity.--The term ``covered entity'' means--
(A) any Federal agency that engages in research or provides
funding for research, including the National Science
Foundation and the National Institutes of Health;
(B) any institution of higher education, or any other
private research institution, that receives any Federal
financial assistance; and
(C) any private company headquartered in the United States
that receives Federal financial assistance.
(3) Federal financial assistance.--The term ``Federal
financial assistance'' has the meaning given the term in
section 200.1 of title 2, Code of Federal Regulations (or
successor regulations).
(4) Military-civil fusion strategy.--The term ``military-
civil fusion strategy'' means the strategy of the Chinese
Communist Party aiming to mobilize non-military resources and
expertise to contribute directly to the development of
technology for use by the People's Liberation Army.
(b) Prohibitions.--
(1) In general.--No covered entity may engage with a
Chinese entity of concern in any scientific research or
technical exchange that has a direct bearing on, or the
potential for dual use in, the development of technologies
that the Chinese Communist Party has identified as a priority
of its national strategy of military-civil fusion and that
are listed on the website under subsection (c)(1)(A).
(2) Private partnerships.--No covered entity described in
subsection (a)(2)(C) may form a partnership or joint venture
with another such covered entity for the purpose of engaging
in any scientific research or technical exchange described in
paragraph (1).
(c) Website.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of State, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of the Treasury, and the
Secretary of Commerce, shall establish and periodically
update a website that includes--
(A) a list of the scientific research or technical exchange
for which the prohibitions under subsection (b) apply, which
shall initially include quantum computing, big data
analytics, semiconductors, new and advanced materials, 5G
telecommunications, advanced nuclear technology (including
nuclear power and energy storage), aerospace technology, and
artificial intelligence; and
(B) to the extent practicable, a list of all Chinese
entities of concern.
(2) Resources.--In establishing the website under paragraph
(1), the Secretary of Defense may use as a model any existing
resources, such as the China Defense Universities Tracker
maintained by the Australian Strategic Policy Institute,
subject to any other laws applicable to such resources.
[[Page S7884]]
(d) Exception.--The prohibitions under subsection (b) shall
not apply to any collaborative study or research project in
fields involving information that would not contribute
substantially to the goals of the military-civil fusion
strategy, as determined by the guidelines set by the
Secretary of Defense.
(e) Enforcement.--
(1) In general.--Notwithstanding any other provision of
law, a covered entity described in subparagraph (B) or (C) of
subsection (a)(2) that violates a prohibition under
subsection (b) on or after the date of enactment of this Act
shall be precluded from receiving any Federal financial
assistance on or after the date of such violation.
(2) Regulations.--The Secretary of Defense, in consultation
with the Secretary of State, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of the Treasury, and the
Secretary of Commerce, shall--
(A) promulgate regulations to enforce the prohibitions
under subsection (b) and the requirement under paragraph (1);
and
(B) coordinate with the heads of other Federal agencies to
ensure the enforcement of such prohibitions and requirement.
______
SA 4361. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. TRANSFER OF CERTAIN UNEXPENDED FUNDS RELATED TO
AFGHANISTAN FOR THE PURPOSE OF BUILDING A
RESILIENT DOMESTIC INDUSTRIAL BASE AND
STRENGTHENING DEFENSE TECHNOLOGY INNOVATION.
(a) Statement of Policy.--It is the policy of the United
States that--
(1) great power competition with the People's Republic of
China will define the future of the 21st century;
(2) the People's Republic of China is a revisionist power
that seek to upend the international system in ways that are
inimical to United States national interests;
(3) great power competition with the People's Republic of
China is global in nature and requires a whole-of-government
response;
(4) resilient domestic manufacturing, a strong and advanced
United States Navy, and an innovative economy are critical to
succeeding in great power competition; and
(5) promoting and supporting new technological research and
development will be necessary to maintain a competitive
advantage and effectively combat hostile efforts by the
Government of the People's Republic of China.
(b) Transfer.--
(1) In general.--The President shall transfer to each of
the following appropriations accounts for the following
purposes an amount equal to one-third of the total amount
rescinded under paragraph (2):
(A) The Defense Production Act purchases account for
activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950
(50 U.S.C. 4518, 4531, 4532, 4533))
(B) The Shipbuilding and Conversion, Navy account of the
Department of Defense.
(C) The research, development, test, and evaluation,
Defense-wide account of the Department of Defense, to be
available for the Defense Advanced Research Projects Agency
to carry out projects related to strengthening the United
States' global advantage in strategic technologies, which may
include aerospace, robotics, artificial intelligence,
information technology, new and advanced materials,
biotechnology, advanced machinery, telecommunications, and
energy and power generation.
(2) Rescission of unexpended funds dedicated to maintaining
a military and diplomatic presence in afghanistan.--The
following amounts are hereby rescinded:
(A) The unobligated balance of amounts made available to
the Department of Defense for the Afghanistan Security Forces
Fund.
(B) Of the unobligated balance of amounts made available to
the Department of State for Diplomatic Programs, all
remaining funds relating to maintaining United States
diplomatic personnel in Afghanistan.
(C) Of the unobligated balance of amounts made available
for the Economic Support Fund, all remaining funds relating
to implementing and supporting comprehensive strategies to
combat corruption in Afghanistan, and for the reintegration
of former Taliban and other extremists.
(D) Of the unobligated balance of amounts made available to
the Department of State for the International Narcotics
Control and Law Enforcement Fund, all remaining funds
relating to programs in Afghanistan.
(E) Of the unobligated balance of amounts made available to
the Department of State for International Military Education
and Training programs, all remaining funds relating to
training personnel of the Afghan security forces.
______
SA 4362. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CONSUMER PROTECTIONS REGARDING COVERED FOREIGN
SOFTWARE.
(a) Consumer Warning and Acknowledgment for Download of
Covered Foreign Software.--
(1) In general.--A software marketplace operator or an
owner of covered foreign software may not:
(A) Permit a consumer to download covered foreign software
unless, before the download begins--
(i) a warning that meets the requirements of paragraph (2)
is displayed to the consumer, separately from any privacy
policy, terms of service, or other notice; and
(ii) the consumer is required to choose (by taking an
affirmative step such as clicking on a button) between the
options of--
(I) acknowledging such warning and proceeding with the
download; or
(II) cancelling the download.
(B) Make available covered foreign software for download by
consumers unless the operator or owner has in place
procedures to ensure compliance with subparagraph (A).
(2) Requirements for warning.--The requirements of this
paragraph are, with respect to a warning regarding covered
foreign software--
(A) that the warning include--
(i) the name of the covered foreign software;
(ii) the name of each owner of the covered foreign
software, and, if applicable with respect to each such owner,
the name of the covered country--
(I) under the laws of which such owner is organized;
(II) in which such owner conducts its principal operations;
or
(III) in which such owner is headquartered;
(iii) the name of each controlling entity of the owner of
the covered foreign software, and if applicable with respect
to each such controlling entity, the name of the covered
country--
(I) under the laws of which such entity is organized;
(II) in which such entity conducts its principal
operations; or
(III) in which such entity is headquartered;
(iv) any enumerated risk to data privacy and security or
the censorship of speech associated with the laws and
practices of a covered country disclosed under this
subparagraph;
(v) whether the owner of a covered foreign software, or any
controlling entity of such owner, has ever provided the data
of United States consumers, as it relates to such software,
to any law enforcement agency, intelligence agency, or other
government entity of a covered country; and
(vi) a description of how to acknowledge the warning and
either proceed with or cancel the download;
(B) that the warning be updated annually; and
(C) such other requirements as the Commission, in
consultation with the Attorney General of the United States,
shall determine.
(3) Liability of software owner.--If a software marketplace
operator permits a consumer to download covered foreign
software or makes covered foreign software available for
download in violation of paragraph (1), the operator shall
not be liable for a violation of such paragraph if the
operator reasonably relied on inaccurate information from the
owner of the covered foreign software in determining that the
software was not covered foreign software, and the owner of
the covered foreign software shall be considered to have
committed the violation of such paragraph.
(b) Consumer Data Protections.--
(1) Consumer data privacy practices.--
(A) Consumer data report.--Not later than 30 days after the
date of enactment of this section (or in the case of covered
foreign software that is created after such date or software
that becomes covered foreign software after such date, 60
days after the date that such software is created or becomes
covered foreign software), and annually thereafter, an owner
of covered foreign software shall submit to the Commission
and the Attorney General of the United States a report that
includes a complete description of any consumer data privacy
practice of the owner as it relates to the data of United
States consumers, including--
(i) the type of data of United States consumers being
accessed;
(ii) a description of how such data is used by the owner;
(iii) a description of any consumer data protection measure
in place that protects the rights and interests of United
States consumers;
(iv) information regarding--
(I) the number of requests from a law enforcement agency,
intelligence agency, or other government entity of a covered
country to disclose the consumer data of a person in the
United States; and
[[Page S7885]]
(II) a description of how such requests were handled; and
(v) a description of any internal content moderation
practice of the owner as it relates to the data of consumers
in the United States, including any such practice that also
relates to consumers in another country.
(B) Public accessibility.--Notwithstanding any other
provision of law, not later than 60 days after the receipt of
a report under subparagraph (A), the Attorney General of the
United States shall publish the information contained in such
report (except for any confidential material) in a publicly
accessible manner.
(2) Consumer data disclosure practices.--
(A) Effect of disclosure and censorship.--An owner of
covered foreign software may not collect or store data of
United States consumers, as it relates to such covered
foreign software, if such owner complies with any request
from a law enforcement agency, intelligence agency, or other
government entity of a covered country--
(i) to disclose the consumer data of a person in the United
States; or
(ii) to censor the online activity of a person in the
United States.
(B) Report to federal trade commission and attorney general
of the united states.--Not later than 14 days after receiving
a request described in subparagraph (A), an owner of covered
foreign software shall submit to the Commission and the
Attorney General of the United States a report that includes
a description of such request.
(C) Access to consumer data in subsidiaries.--Not later
than 1 year after the date of enactment of this section, the
Commission, in consultation with the Attorney General of the
United States, shall issue regulations to require an owner of
covered foreign software to implement consumer data
protection measures to ensure that any parent company in a
covered country may not access the consumer data collected
and stored, or otherwise held, by a subsidiary entity of such
parent company in a country that is not a covered country.
(3) Prohibitions on storage, use, and sharing of consumer
data.--
(A) Use, transfer, and storage of consumer data.--With
respect to the consumer data of any person in the United
States, an owner of covered foreign software may not--
(i) use such data in a covered country;
(ii) transfer such data to a covered country; or
(iii) store such data outside of the United States.
(B) Sharing of consumer data.--An owner of covered foreign
software may not share with, sell to, or otherwise disclose
to any other commercial entity the consumer data of any
person in the United States.
(4) Censorship remedy.--In the case where an owner of
covered foreign software censors the online activity of a
person in the United States, such owner shall provide any
affected user with a means to appeal such censorship.
(c) Nonapplication of Communications Decency Act
Protections.--Notwithstanding section 230 of the
Communications Act of 1934 (47 U.S.C. 230) (commonly known as
the ``Communications Decency Act''), an owner of a covered
foreign software shall not be considered a provider of an
interactive computer service for purposes of subsection (c)
of such section with respect to such covered foreign
software.
(d) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this section or a regulation promulgated thereunder shall be
treated as a violation of a rule defining an unfair or
deceptive act or practice under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce this section
and the regulations promulgated thereunder in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41
et seq.) were incorporated into and made a part of this
section. Any person who violates this section or a regulation
promulgated thereunder shall be subject to the penalties and
entitled to the privileges and immunities provided in the
Federal Trade Commission Act.
(B) Additional relief.--In addition to the penalties
provided in the Federal Trade Commission Act (15 U.S.C. 41 et
seq.), if a court or the Commission (in a formal adjudicative
proceeding) determines that an owner of covered foreign
software violated this section or a regulation promulgated
thereunder, the court or the Commission shall prohibit the
owner from making such software available for sale or
download in the United States.
(3) Regulations.--The Commission may promulgate regulations
under section 553 of title 5, United States Code, to carry
out this section.
(4) Savings clause.--Nothing in this section shall be
construed to limit the authority of the Commission under any
other provision of law.
(e) Criminal Offense.--
(1) In general.--A software marketplace operator or an
owner of covered foreign software that knowingly violates
subsection (a) or (b) shall be fined $50,000 for each
violation.
(2) Clarifications.--
(A) Separate violation.--For purposes of paragraph (1),
each download by a consumer of a covered foreign software
that does not meet the requirements of subparagraph (A) of
subsection (a)(1) or is made available in violation of
subparagraph (B) of such subsection shall be treated as a
separate violation.
(B) Individual offense.--An officer of a software
marketplace operator or of an owner of covered foreign
software who knowingly causes a violation of subsection
(a)(1) with the intent to conceal the fact that the software
is covered foreign software shall be fined under title 18,
United States Code.
(3) Referral of evidence by the ftc.--Whenever the
Commission obtains evidence that a software marketplace
operator or owner of covered foreign software has engaged in
conduct that may constitute a violation of subsection (a) or
(b), the Commission shall transmit such evidence to the
Attorney General of the United States, who may institute
criminal proceedings under this subsection. Nothing in this
paragraph affects any other authority of the Commission to
disclose information.
(f) Report to Congress.--Not later than 1 year after the
date of the enactment of this section, the Commission, in
consultation with the Attorney General of the United States,
shall submit to Congress a report on the implementation and
enforcement of this section.
(g) Expansion of Covered Transactions Under the DPA.--
Section 721(a)(4)(B)(iii)(III) of the Defense Production Act
of 1950 (50 U.S.C. 4565(a)(4)(B)(iii)(III)) is amended by
inserting ``or commercially available'' after ``sensitive''.
(h) Express Preemption of State Law.--This section shall
supersede any provision of a law, regulation, or other
requirement of any State or political subdivision of a State
to the extent that such provision relates to the privacy or
security of consumer data or the downloading of covered
foreign software.
(i) Definitions.--In this section:
(1) Censor.--
(A) In general.--The term ``censor'', with respect to the
online activity of a person in the United States, means--
(i) to alter, delete, remove, or otherwise make
inaccessible user information without the consent of such
user; or
(ii) to alter, delete, remove, deny, prevent, or otherwise
prohibit user activity without the consent of such user.
(B) Exception.--Such term shall not include any action by
an owner of covered foreign software that is taken for the
purpose of restricting access to, or availability of,
material that the owner considers to be obscene, lewd,
lascivious, filthy, excessively violent, harassing, or
otherwise objectionable, whether or not such material is
constitutionally protected.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered country.--
(A) In general.--Subject to subparagraph (B), the term
``covered country'' means--
(i) China, Russia, North Korea, Iran, Syria, Sudan,
Venezuela, or Cuba;
(ii) any other country the government of which the
Secretary of State determines has provided support for
international terrorism pursuant to--
(I) section 1754(c)(1)(A) of the Export Control Reform Act
of 2018 (50 U.S.C. 4318(c)(1)(A));
(II) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(III) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
(IV) any other provision of law; and
(iii) any other country designated by the Attorney General
of the United States based on findings that such country's
control over potentially dangerous software poses an undue or
unnecessary risk to the national security of the United
States or to the safety and security of United States
persons.
(B) Process.--
(i) Advance notice to congress.--The Attorney General of
the United States shall not designate a country under
subparagraph (A)(iii) (or revoke such a designation under
clause (iii)) unless the Attorney General of the United
States--
(I) provides not less than 30 days notice prior to making
such designation or revocation to--
(aa) the Committee on Energy and Commerce of the House of
Representatives;
(bb) the Permanent Select Committee on Intelligence of the
House of Representatives;
(cc) the Committee on Commerce, Science, and Transportation
of the Senate; and
(dd) the Select Committee on Intelligence of the Senate;
and
(II) upon request, provides an in-person briefing to each
such Committee during the 30-day notice period.
(ii) Notice and publication of designation.--Upon
designating a country under subparagraph (A)(iii), the
Attorney General of the United States shall transmit a
notification of the designation to the Commission, and shall
publish such notification. Such designation shall become
effective on the day that is 60 days after the date on which
such notification is transmitted and published.
(iii) Revocation of designation.--The designation of a
country under subparagraph (A) may only be revoked by the
Attorney General of the United States.
(4) Covered foreign software.--
(A) In general.--The term ``covered foreign software''
means any of the following:
(i) Software that is owned or, directly or indirectly,
controlled by a person described in subparagraph (B).
[[Page S7886]]
(ii) Software that stores data of United States consumers
in a covered country.
(B) Persons described.--A person described in this
subparagraph is--
(i) a person (other than an individual)--
(I) that is organized under the laws of a covered country;
(II) the principal operations of which are conducted in a
covered country; or
(III) that is headquartered in a covered country; or
(ii) a person (other than an individual) that is, directly
or indirectly, controlled by a person described in clause
(i).
(5) Mobile application.--The term ``mobile application''
means a software program that runs on the operating system of
a smartphone, tablet computer, or similar mobile electronic
device.
(6) Software.--The term ``software'' means any computer
software program, including a mobile application.
(7) Software marketplace operator.--The term ``software
marketplace operator'' means a person who, for a commercial
purpose, operates an online store or marketplace through
which software is made available for download by consumers in
the United States.
______
SA 4363. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC
ASSISTANCE.
Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended
by adding at the end the following:
``SEC. 431. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO
PUBLIC ASSISTANCE.
``(a) In General.--The President may provide financial
assistance to a local government as reimbursement for
qualifying interest.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Prime rate.--The term `prime rate' means the average
predominant prime rate quoted by commercial banks to large
businesses, as determined by the Board of Governors of the
Federal Reserve System.
``(2) Qualifying interest.--The term `qualifying interest'
means, with respect to a qualifying loan, the lesser of--
``(A) the actual interest paid to a lender for such
qualifying loan; and
``(B) the interest that would have been paid to a lender if
such qualifying loan had an interest rate equal to the prime
rate most recently published on the Federal Reserve
Statistical Release on selected interest rates.
``(3) Qualifying loan.--The term `qualifying loan' means a
loan--
``(A) obtained by a local government; and
``(B) of which not less than 90 percent of the proceeds are
used to fund activities for which such local government
receives assistance under this Act after the date on which
such loan is disbursed.''.
______
SA 4364. Mr. RUBIO (for himself and Mr. Warner) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. AIR AMERICA.
(a) Short Title.--This section may be cited as the ``Air
America Act of 2021''.
(b) Findings.--Congress finds the following:
(1) Air America, Incorporated (referred to in this section
as ``Air America'') and its related cover corporate entities
were wholly owned and controlled by the United States
Government and directed and managed by the Department of
Defense, the Department of State, and the Central
Intelligence Agency from 1950 to 1976.
(2) Air America, a corporation owned by the Government of
the United States, constituted a ``Government corporation'',
as defined in section 103 of title 5, United States Code.
(3) It is established that the employees of Air America and
the other entities described in paragraph (1) were Federal
employees.
(4) The employees of Air America were retroactively
excluded from the definition of the term ``employee'' under
section 2105 of title 5, United States Code, on the basis of
an administrative policy change in paperwork requirements
implemented by the Office of Personnel Management 10 years
after the service of the employees had ended and, by
extension, were retroactively excluded from the definition of
the term ``employee'' under section 8331 of title 5, United
States Code, for retirement credit purposes.
(5) The employees of Air America were paid as Federal
employees, with salaries subject to--
(A) the General Schedule under subchapter III of chapter 53
of title 5, United States Code; and
(B) the rates of basic pay payable to members of the Armed
Forces.
(6) The service and sacrifice of the employees of Air
America included--
(A) suffering a high rate of casualties in the course of
employment;
(B) saving thousands of lives in search and rescue missions
for downed United States airmen and allied refugee
evacuations; and
(C) lengthy periods of service in challenging circumstances
abroad.
(c) Definitions.--In this section--
(1) the term ``affiliated company'', with respect to Air
America, includes Air Asia Company Limited, CAT Incorporated,
Civil Air Transport Company Limited, and the Pacific Division
of Southern Air Transport; and
(2) the term ``qualifying service'' means service that--
(A) was performed by a United States citizen as an employee
of Air America or an affiliated company during the period
beginning on January 1, 1950, and ending on December 31,
1976; and
(B) is documented in the attorney-certified corporate
records of Air America or any affiliated company.
(d) Treatment as Federal Employment.--Any period of
qualifying service--
(1) is deemed to have been service of an employee (as
defined in section 2105 of title 5, United States Code) with
the Federal Government; and
(2) shall be treated as creditable service by an employee
for purposes of subchapter III of chapter 83 of title 5,
United States Code.
(e) Rights.--An individual who performed qualifying
service, or a survivor of such an individual, shall be
entitled to the rights, retroactive as applicable, provided
to employees and their survivors for creditable service under
the Civil Service Retirement System under subchapter III of
chapter 83 of title 5, United States Code, with respect to
that qualifying service.
(f) Deduction, Contribution, and Deposit Requirements.--The
deposit of funds in the Treasury of the United States made by
Air America in the form of a lump-sum payment apportioned in
part to the Civil Service Disability & Retirement Fund in
1976 is deemed to satisfy the deduction, contribution, and
deposit requirements under section 8334 of title 5, United
States Code, with respect to all periods of qualifying
service.
(g) Application Time Limit.--Section 8345(i)(2) of title 5,
United States Code, shall be applied with respect to the
death of an individual who performed qualifying service by
substituting ``2 years after the effective date under
subsection (h) of the Air America Act of 2021'' for ``30
years after the death or other event which gives rise to
title to the benefit''.
(h) Effective Date.--This section shall take effect on the
date that is 30 days after the date of enactment of this Act.
______
SA 4365. Mr. RUBIO (for himself and Mr. Merkley) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Taiwan Relations Reinforcement Act of 2021
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Taiwan Relations
Reinforcement Act of 2021''.
SEC. 1292. A TWENTY-FIRST CENTURY PARTNERSHIP WITH TAIWAN.
(a) Statement of Policy.--It is the policy of the United
States to create and execute a plan for enhancing its
relationship with Taiwan by forming a robust partnership that
meets the challenges of the 21st century, fully accounts for
Taiwan's democratization, and remains faithful to United
States principles and values in keeping with the Taiwan
Relations Act and the Six Assurances.
(b) Interagency Taiwan Policy Task Force.--Not later than
90 days after the date of the enactment of this Act, the
President shall create an interagency Taiwan policy task
force consisting of senior officials from the Office of the
President, the National Security Council, the Department of
State, the Department of Defense, the Department of the
Treasury, the Department of Commerce, and the Office of the
United States Trade Representative.
(c) Report.--The interagency Taiwan Policy Task Force
established under subsection (b) shall submit an annual
unclassified report with a classified annex to the
appropriate congressional committees outlining policy and
actions to be taken to create and execute a plan for
enhancing our partnership and relations with Taiwan.
[[Page S7887]]
SEC. 1293. AMERICAN INSTITUTE IN TAIWAN.
The position of Director of the American Institute in
Taiwan's Taipei office shall be subject to the advice and
consent of the Senate, and effective upon enactment of this
Act shall have the title of Representative.
SEC. 1294. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE
PROGRAMS WITH TAIWAN.
(a) Statement of Policy.--It is the policy of the United
States to support United States educational and exchange
programs with Taiwan, including by authorizing such sum as
may be necessary to promote the study of Chinese language,
culture, history, and politics in Taiwan.
(b) Establishment of the United States-Taiwan Cultural
Exchange Foundation.--The Secretary of State shall establish
a new United States-Taiwan Cultural Exchange Foundation, an
independent nonprofit dedicated to deepening ties between the
future leaders of Taiwan and the United States. The
Foundation shall work with State and local school districts
and educational institutions to send high school and
university students to Taiwan to study the Chinese language,
culture, history, politics, and other relevant subjects.
(c) Partnering With TECRO.--State and local school
districts and educational institutions such as public
universities shall partner with the Taipei Economic and
Cultural Representative Office (TECRO) in the United States
to establish programs to promote an increase in educational
and cultural exchanges.
(d) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on
cooperation between the United States Government and the
Taiwanese government to create an alternative to Confucius
Institutes in an effort to promote freedom, democracy,
universal values, culture, and history in conjunction with
Chinese language education.
SEC. 1295. PARTICIPATION OF TAIWAN IN INTERNATIONAL
ORGANIZATIONS.
(a) Statement of Policy.--It is the policy of the United
States to promote Taiwan's inclusion and meaningful
participation in meetings held by international
organizations.
(b) Support for Meaningful Participation.--The Permanent
Representative of the United States to the United Nations and
other relevant United States officials should actively
support Taiwan's membership and meaningful participation in
international organizations.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on China's
efforts at the United Nations and other international bodies
to block Taiwan's meaningful participation and inclusion and
recommend appropriate responses to be taken by the United
States.
SEC. 1296. INVITATION OF TAIWANESE COUNTERPARTS TO HIGH-LEVEL
BILATERAL AND MULTILATERAL FORUMS AND
EXERCISES.
(a) Statement of Policy.--It is the policy of the United
States to invite Taiwanese counterparts to participate in
high-level bilateral and multilateral summits, military
exercises, and economic dialogues and forums.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should invite Taiwan to
regional dialogues on issues of mutual concern;
(2) the United States Government and Taiwanese counterparts
should resume meetings under the United States-Taiwan Trade
and Investment Framework Agreement and reach a bilateral free
trade agreement;
(3) the United States Government should invite Taiwan to
participate in bilateral and multilateral military training
exercises; and
(4) the United States Government and Taiwanese counterparts
should engage in a regular and routine strategic bilateral
dialogue on arms sales in accordance with Foreign Military
Sales mechanisms, and the United States Government should
support export licenses for direct commercial sales
supporting Taiwan's indigenous defensive capabilities.
SEC. 1297. REPORT ON TAIWAN TRAVEL ACT.
(a) List of High-Level Visits.--Not later than 180 days
after the date of the enactment of this Act, and annually
thereafter, the Secretary of State shall, in accordance with
the Taiwan Travel Act (Public Law 115-135), submit to the
appropriate congressional committees a list of high-level
officials from the United States Government that have
traveled to Taiwan and a list of high-level officials of
Taiwan that have entered the United States.
(b) Annual Report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report on implementation of the
Taiwan Travel Act.
SEC. 1298. PROHIBITIONS AGAINST UNDERMINING UNITED STATES
POLICY REGARDING TAIWAN.
(a) Prohibition on Recognition of PRC Claims to Sovereignty
Over Taiwan.--
(1) Statement of policy.--It is the policy of the United
States to oppose any attempt by the PRC authorities to
unilaterally impose a timetable or deadline for unification
on Taiwan.
(2) Prohibition on recognition of prc claims without assent
of people of taiwan.-- No department or agency of the United
States Government may formally or informally recognize PRC
claims to sovereignty over Taiwan without the assent of the
people of Taiwan, as expressed directly through the
democratic process.
(3) Treatment of taiwan government.--
(A) In general.--The Department of State and other United
States Government agencies shall treat the democratically
elected government of Taiwan as the legitimate representative
of the people of Taiwan and end the outdated practice of
referring to the government in Taiwan as the ``authorities''.
Notwithstanding the continued supporting role of the American
Institute in Taiwan in carrying out United States foreign
policy and protecting United States interests in Taiwan, the
United States Government shall not place any restrictions on
the ability of officials of the Department of State and other
United States Government agencies from interacting directly
and routinely with counterparts in the Taiwan government.
(B) Rule of construction.--Nothing in this paragraph shall
be construed as entailing restoration of diplomatic relations
with the Republic of China, which were terminated on January
1, 1979, or altering the United States Government's position
on Taiwan's international status.
(b) Strategy To Protect United States Businesses and
Nongovernmental Entities From Coercion.--Not later than 90
days after the date of the enactment of this Act, the
Secretary of State, in consultation with the Secretary of
Commerce, the Secretary of the Treasury, and the heads of
other relevant Federal agencies, shall submit an unclassified
report, with a classified annex if necessary, to protect
United States businesses and nongovernmental entities from
sharp power operations, including coercion and threats that
lead to censorship or self-censorship, or which compel
compliance with political or foreign policy positions of the
Government of the People's Republic of China and the Chinese
Communist Party. The strategy shall include the following
elements:
(1) Information on efforts by the Government of the
People's Republic of China to censor the websites of United
States airlines, hotels, and other businesses regarding the
relationship between Taiwan and the People's Republic of
China.
(2) Information on efforts by the Government of the
People's Republic of China to target United States
nongovernmental entities through sharp power operations
intended to weaken support for Taiwan.
(3) Information on United States Government efforts to
counter the threats posed by Chinese state-sponsored
propaganda and disinformation, including information on best
practices, current successes, and existing barriers to
responding to this threat.
(4) Details of any actions undertaken to create a code of
conduct and a timetable for implementation.
SEC. 1299. STRATEGY TO RESPOND TO SHARP POWER OPERATIONS
TARGETING TAIWAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
develop and implement a strategy to respond to sharp power
operations and the united front campaign supported by the
Government of the People's Republic of China and the Chinese
Communist Party that are directed toward persons or entities
in Taiwan.
(b) Elements.--The strategy required under subsection (a)
shall include the following elements:
(1) Development of a response to PRC propaganda and
disinformation campaigns and cyber-intrusions targeting
Taiwan, including--
(A) assistance in building the capacity of the Taiwan
government and private-sector entities to document and expose
propaganda and disinformation supported by the Government of
the People's Republic of China, the Chinese Communist Party,
or affiliated entities;
(B) assistance to enhance the Taiwan government's ability
to develop a whole-of-government strategy to respond to sharp
power operations, including election interference; and
(C) media training for Taiwan officials and other Taiwan
entities targeted by disinformation campaigns.
(2) Development of a response to political influence
operations that includes an assessment of the extent of
influence exerted by the Government of the People's Republic
of China and the Chinese Communist Party in Taiwan on local
political parties, financial institutions, media
organizations, and other entities.
(3) Support for exchanges and other technical assistance to
strengthen the Taiwan legal system's ability to respond to
sharp power operations.
(4) Establishment of a coordinated partnership, through the
Global Cooperation and Training Framework, with like-minded
governments to share data and best practices with the
Government of Taiwan on ways to address sharp power
operations supported by the Government of the People's
Republic of China and the Chinese Communist Party.
SEC. 1299A. REPORT ON DETERRENCE IN THE TAIWAN STRAIT.
Not later than 180 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of State and
the Secretary of Defense shall submit to the appropriate
congressional committees a joint
[[Page S7888]]
report that assesses the military posture of Taiwan and the
United States as it specifically pertains to the deterrence
of military conflict and conflict readiness in the Taiwan
Strait. In light of the changing military balance in the
Taiwan Strait, the report should include analysis of whether
current Taiwan and United States policies sufficiently deter
efforts to determine the future of Taiwan by other than
peaceful means.
SEC. 1299B. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(2) Sharp power.--The term ``sharp power'' means the
coordinated and often concealed application of
disinformation, media manipulation, economic coercion, cyber-
intrusions, targeted investments, and academic censorship
that is intended--
(A) to corrupt political and nongovernmental institutions
and interfere in democratic elections and encourage self-
censorship of views at odds with those of the Government of
the People's Republic of China or the Chinese Communist
Party; or
(B) to foster attitudes, behavior, decisions, or outcomes
in Taiwan and elsewhere that support the interests of the
Government of the People's Republic of China or the Chinese
Communist Party.
______
SA 4366. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Countering Chinese Influence
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Countering the Chinese
Government and Communist Party's Political Influence
Operations Act''.
SEC. 1292. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Foreign Relations of the Senate;
(D) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(E) the Committee on the Judiciary of the Senate;
(F) the Select Committee on Intelligence of the Senate;
(G) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(H) the Committee on Appropriations of the House of
Representatives;
(I) the Committee on Armed Services of the House of
Representatives;
(J) the Committee on Education and Labor of the House of
Representatives;
(K) the Committee on Foreign Affairs of the House of
Representatives;
(L) the Committee on the Judiciary of the House of
Representatives;
(M) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(N) the Committee on Financial Services of the House of
Representatives.
(2) Political influence operations.--The term ``political
influence operations'' means the coordinated and often
concealed application of disinformation, press manipulation,
economic coercion, targeted investments, corruption, or
academic censorship, which are often intended--
(A) to coerce and corrupt United States interests, values,
institutions, or individuals; and
(B) to foster attitudes, behavior, decisions, or outcomes
in the United States that support the interests of the
Government of the People's Republic of China or the Chinese
Communist Party.
SEC. 1293. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to clearly differentiate between the Chinese people and
culture and the Government of the People's Republic of China
and the Chinese Communist Party in official statements, media
messaging, and policy;
(2) to clearly differentiate between legal, internationally
accepted public diplomacy and strategic communications
campaigns and illicit activities to undermine democratic
institutions or freedoms;
(3) to protect United States citizens and legal residents
from malign or coercive political influence operations;
(4) to enhance cooperation and coordination with the United
Kingdom, Australia, Canada, New Zealand, Japan, Taiwan,
Singapore, and the members of the European Union, whose
governments and institutions have faced acute pressure from
the political influence operations of the Government of the
People's Republic of China and the Chinese Communist Party,
and with other allies throughout the world;
(5) to create strategies to ensure that countries in
Africa, the Western Hemisphere, Southeast Asia, and elsewhere
are aware of the People's Republic of China's ``sharp power''
tactics, including the Chinese Communist Party's party-to-
party training program, which is designed to instill
admiration and emulation of Beijing's governance model and
weaken democracy in these regions, and provide needed
capacity to counter them effectively;
(6) to implement more advanced transparency requirements
concerning collaboration with Chinese actors for media
agencies, universities, think tanks, and government
officials;
(7) to use various forums to raise awareness about--
(A) the goals and methods of the political influence
operations of the Government of the People's Republic of
China and the Chinese Communist Party; and
(B) common patterns and approaches used by Chinese
intelligence agencies or related actors;
(8) to require greater transparency for Confucius
Institutes, think tanks, academic programs, and
nongovernmental organizations funded primarily by the
Government of the People's Republic of China and the Chinese
Communist Party, or by individuals or public or private
organizations with a demonstrable affiliation with the
Government of the People's Republic of China and the Chinese
Communist Party that are operating in the United States to
register through the Foreign Agents Registration Act of 1938
(22 U.S.C. 611 et seq.) or a comparable mechanism;
(9) to seek ways to increase Chinese language proficiency
among mid-career professionals that do not rely on funding
linked to the Government of the People's Republic of China;
(10) to ensure that existing tools are sufficiently
screening for the risk of Chinese influence operations; and
(11) to create more flexible tools, as needed, with the
goals of--
(A) screening investments from the Government of the
People's Republic of China or sources backed by such
government to protect against the takeover of United States
companies by Chinese state-owned or state-driven entities;
and
(B) protecting institutions or business sectors critically
important to United States national security and the
viability of democratic institutions.
SEC. 1294. STRATEGY TO COUNTER ``SHARP POWER'' POLITICAL
INFLUENCE OPERATIONS AND TO PROTECT UNITED
STATES CITIZENS.
(a) In General.--The Secretary of State and the Secretary
of Homeland Security, in coordination with all relevant
Federal agencies, shall develop a long-term strategy--
(1) to carry out the policy set forth in section 1293(c);
(2) to effectively counter the ``sharp power'' political
influence operations of the Chinese Communist Party globally
and in the United States;
(3) to ensure that United States citizens, particularly
Chinese Americans and members of the Chinese, Uyghur,
Mongolian, Korean, Taiwanese, and Tibetan diaspora who are
often the victims and primary targets of malign political
influence operations, are protected;
(4) to ensure that--
(A) the United States Government strategy to protect the
communities described in paragraph (3) is clearly
communicated by relevant Federal officials; and
(B) secure outlets are created for reporting on
intimidation and surveillance;
(5) to ensure that Chinese nationals who are legally
studying, living, or working temporarily in the United States
know that intimidation or surveillance by the Government of
the People's Republic of China and the Chinese Communist
Party is an unacceptable invasion of their rights while they
reside in the United States;
(6) to provide secure outlets for reporting on intimidation
and surveillance; and
(7) to identify new tools or authorities necessary to
implement this strategy.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary
of State or an appropriate high-ranking official shall--
(1) submit an unclassified report, which may include a
classified annex, containing the strategy required under
subsection (a) to the appropriate congressional committees;
or
(2) describe the strategy required under subsection (a)
through unclassified testimony before the Committee on
Foreign Relations of the Senate or the Committee on Foreign
Affairs of the House of Representatives.
SEC. 1295. REPORT ON THE POLITICAL INFLUENCE OPERATIONS OF
THE GOVERNMENT OF CHINA AND THE CHINESE
COMMUNIST PARTY.
(a) In General.--Because it is important for United States
policymakers and the American people to be informed about the
influence operations described in section 1293, not later
than 270 days after the date of the enactment of this Act,
and annually thereafter, the Secretary of State, in
coordination with the Director of National Intelligence, and
in consultation with the heads of relevant Federal
departments and agencies, shall submit an unclassified
report,
[[Page S7889]]
which may include a classified annex, to the appropriate
congressional committees that describes the political
influence operations of the Government of the People's
Republic of China and the Chinese Communist Party affecting
the United States and select allies and partners, including
the United Kingdom, Canada, Australia, New Zealand, Taiwan,
and Japan, including efforts--
(1) to exert influence over United States governmental or
nongovernmental institutions or individuals, or government
officials among United States allies and partners;
(2) to coerce or threaten United States citizens or legal
permanent residents or their families and associates living
in China or elsewhere;
(3) to undermine democratic institutions and the freedoms
of speech, expression, the press, association, assembly,
religion, or academic thought;
(4) to otherwise suppress information in public fora, in
the United States and abroad; or
(5) to develop or obtain property, facilities,
infrastructure, business entities, or other assets for use in
facilitating the activities described in paragraphs (1)
through (4).
(b) Contents.--The report required under subsection (a)
shall include recommendations for the President and Congress
relating to--
(1) the need for additional resources or authorities to
counter political influence operations in the United States
directed by the Government of the People's Republic of China
and the Chinese Communist Party, including operations carried
out in concert with allies;
(2) whether a permanent office to monitor and respond to
political influence operations of the Government of the
People's Republic of China and the Chinese Communist Party
should be established within the Department of State or
within the Office of the Director of National Intelligence;
and
(3) whether regular public reports on the political
influence operations of the Government of the People's
Republic of China and the Chinese Communist Party are needed
to inform Congress and the American people of the scale and
scope of such operations.
______
SA 4367. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. IMPOSITION OF SANCTIONS WITH RESPECT TO
ESTABLISHMENT OR MAINTENANCE OF MILITARY
INSTALLATIONS OF PEOPLE'S LIBERATION ARMY.
(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to each foreign
person that the President determines facilitates the
establishment or maintenance of a military installation of
the People's Liberation Army outside of the People's Republic
of China.
(b) Sanctions Described.--The sanctions to be imposed under
subsection (a) with respect to a foreign person described in
that subsection are the following:
(1) Asset blocking.--The President shall exercise all of
the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of the foreign person if
such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in subsection (a) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise the
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to the extent necessary to carry out
this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b)(1) or any regulation, license, or order issued
to carry out that subsection shall be subject to the
penalties set forth in subsections (b) and (c) of section 206
of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(d) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(b)(2) shall not apply with respect to an alien if admitting
or paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations; or
(B) to carry out or assist law enforcement activity in the
United States.
(3) Exception relating to importation of goods.--
(A) In general.--The authorities and requirements to impose
sanctions authorized under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
(e) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those
terms in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(2) Foreign person.--The term ``foreign person'' means any
person that is not a United States person.
(3) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or an
alien lawfully admitted for permanent residence to the United
States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
______
SA 4368. Mr. RUBIO (for himself, Mrs. Feinstein, and Mr. Blunt)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. SANCTIONING AND STOPPING RANSOMWARE.
(a) Cybersecurity Standards for Critical Infrastructure.--
(1) In general.--Title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended by adding at the end
the following:
``Subtitle C--Cybersecurity Standards for Critical Infrastructure
``SEC. 2231. DEFINITION OF CRITICAL INFRASTRUCTURE ENTITY.
``In this subtitle, the term `critical infrastructure
entity' means an owner or operator of critical
infrastructure.
``SEC. 2232 CYBERSECURITY STANDARDS.
``(a) In General.--The Secretary, in consultation with the
Director of the Cybersecurity and Infrastructure Security
Agency, shall develop and promulgate mandatory cybersecurity
standards for critical infrastructure entities.
``(b) Harmonization and Incorporation.--In developing the
cybersecurity standards required under subsection (a), the
Secretary shall--
``(1) to the greatest extent practicable, ensure the
cybersecurity standards are consistent with Federal
regulations existing as of the date on enactment of this
section; and
``(2) in coordination with the Director of the National
Institute of Standards and Technology, ensure that the
cybersecurity standards incorporate, to the greatest extent
practicable, the standards developed with facilitation and
support from the Director of the National Institute of
Standards and Technology under section 2(c)(15) of the
National Institute of Standards and Technology Act (15 U.S.C.
272(c)(15)).
``(c) Compliance Assessment.--Not less frequently than
annually, the Secretary, in coordination with the heads of
Sector Risk Management Agencies, shall assess the compliance
of each critical infrastructure entity with the cybersecurity
standards developed under subsection (a).''.
(2) Technical and conforming amendment.--The table of
contents in section 1(b)
[[Page S7890]]
of the Homeland Security Act of 2002 (Public Law 107-296; 116
Stat. 2135) is amended by adding at the end the following:
``Subtitle C--Cybersecurity Standards for Critical Infrastructure
``Sec. 2231. Definition of critical infrastructure entity.
``Sec. 2232. Cybersecurity standards.''.
(b) Regulation of Cryptocurrency Exchanges.--
(1) Secretary of the treasury.--Not later than 180 days
after the date of enactment of this Act, the Secretary of the
Treasury shall--
(A) develop and institute regulatory requirements for
cryptocurrency exchanges operating within the United States
to reduce the anonymity of users and accounts suspected of
ransomware activity and make records available to the Federal
Government in connection with ransomware incidents; and
(B) submit to Congress a report with any recommendations
that may be necessary regarding cryptocurrency exchanges used
in conjunction with ransomware.
(2) Attorney general.--The Attorney General shall determine
what information should be preserved by cryptocurrency
exchanges to facilitate law enforcement investigations.
(c) Designation of State Sponsors of Ransomware and
Reporting Requirements.--
(1) Designation of state sponsors of ransomware.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in consultation with the Director of
National Intelligence, shall--
(i) designate as a state sponsor of ransomware any country
the government of which the Secretary has determined has
provided support for ransomware demand schemes (including by
providing safe haven for individuals engaged in such
schemes);
(ii) submit to Congress a report listing the countries
designated under clause (i); and
(iii) in making designations under clause (i), take into
consideration the report submitted to Congress under
subsection (d)(3)(A).
(B) Sanctions and penalties.--The President shall impose
with respect to each state sponsor of ransomware designated
under subparagraph (A)(i) the sanctions and penalties imposed
with respect to a state sponsor of terrorism.
(C) State sponsor of terrorism defined.--In this paragraph,
the term ``state sponsor of terrorism'' means a country the
government of which the Secretary of State has determined has
repeatedly provided support for acts of international
terrorism, for purposes of--
(i) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
(ii) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(iii) section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)); or
(iv) any other provision of law.
(2) Reporting requirements.--
(A) Sanctions relating to ransomware report.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary of the Treasury shall submit a report to
Congress that describes, for each of the 5 fiscal years
immediately preceding the date of such report, the number and
geographic locations of individuals, groups, and entities
subject to sanctions imposed by the Office of Foreign Assets
Control who were subsequently determined to have been
involved in a ransomware demand scheme.
(B) Country of origin report.--The Secretary of State, in
consultation with the Director of National Intelligence and
the Director of the Federal Bureau of Investigation, shall--
(i) submit a report, with a classified annex, to the
Committee on Foreign Relations of the Senate, the Select
Committee on Intelligence of the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House of
Representatives that identifies the country of origin of
foreign-based ransomware attacks; and
(ii) make the report described in clause (i) (excluding the
classified annex) available to the public.
(C) Investigative authorities report.--Not later than 180
days after the date of the enactment of this Act, the
Comptroller General of the United States shall issue a report
that outlines the authorities available to the Federal Bureau
of Investigation, the United States Secret Service, the
Cybersecurity and Infrastructure Security Agency, the
Homeland Security Investigations, and the Office of Foreign
Assets Control to respond to foreign-based ransomware
attacks.
(d) Deeming Ransomware Threats to Critical Infrastructure
as a National Intelligence Priority.--
(1) Critical infrastructure defined.--In this subsection,
the term ``critical infrastructure'' has the meaning given
such term in subsection (e) of the Critical Infrastructures
Protection Act of 2001 (42 U.S.C. 5195c(e)).
(2) Ransomware threats to critical infrastructure as
national intelligence priority.--The Director of National
Intelligence, pursuant to the provisions of the National
Security Act of 1947 (50 U.S.C. 3001 et seq.), the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458), section 1.3(b)(17) of Executive Order
12333 (50 U.S.C. 3001 note; relating to United States
intelligence activities), as in effect on the day before the
date of the enactment of this Act, and National Security
Presidential Directive-26 (February 24, 2003; relating to
intelligence priorities), as in effect on the day before the
date of the enactment of this Act, shall deem ransomware
threats to critical infrastructure a national intelligence
priority component to the National Intelligence Priorities
Framework.
(3) Report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in consultation with the Director of the
Federal Bureau of Investigation, submit to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a report on the implications of the
ransomware threat to United States national security.
(B) Contents.--The report submitted under subparagraph (A)
shall address the following:
(i) Identification of individuals, groups, and entities who
pose the most significant threat, including attribution to
individual ransomware attacks whenever possible.
(ii) Locations from where individuals, groups, and entities
conduct ransomware attacks.
(iii) The infrastructure, tactics, and techniques
ransomware actors commonly use.
(iv) Any relationships between the individuals, groups, and
entities that conduct ransomware attacks and their
governments or countries of origin that could impede the
ability to counter ransomware threats.
(v) Intelligence gaps that have, or currently are, impeding
the ability to counter ransomware threats.
(C) Form.--The report submitted under subparagraph (A)
shall be submitted in unclassified form, but may include a
classified annex.
(e) Ransomware Operation Reporting Capabilities.--
(1) In general.--Title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.), as amended by subsection (a)(1)
of this section, is amended by adding at the end the
following:
``Subtitle D--Ransomware Operation Reporting Capabilities
``SEC. 2241. DEFINITIONS.
``In this subtitle:
``(1) Definitions from section 2201.--The definitions in
section 2201 shall apply to this subtitle, except as
otherwise provided.
``(2) Agency.--The term `Agency' means the Cybersecurity
and Infrastructure Security Agency.
``(3) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Select Committee on Intelligence of the Senate;
``(C) the Committee on the Judiciary of the Senate;
``(D) the Committee on Homeland Security of the House of
Representatives;
``(E) the Permanent Select Committee on Intelligence of the
House of Representatives; and
``(F) the Committee on the Judiciary of the House of
Representatives.
``(4) Covered entity.--The term `covered entity' means--
``(A) a Federal contractor;
``(B) an owner or operator of critical infrastructure;
``(C) a non-government entity that provides cybersecurity
incident response services; and
``(D) any other entity determined appropriate by the
Secretary, in coordination with the head of any other
appropriate department or agency.
``(5) Critical function.--The term `critical function'
means any action or operation that is necessary to maintain
critical infrastructure.
``(6) Director.--The term `Director' means the Director of
the Cybersecurity and Infrastructure Security Agency.
``(7) Federal agency.--The term `Federal agency' has the
meaning given the term `agency' in section 3502 of title 44,
United States Code.
``(8) Federal contractor.--The term `Federal contractor'--
``(A) means a contractor or subcontractor (at any tier) of
the United States Government; and
``(B) does not include a contractor or subcontractor that
is a party only to--
``(i) a service contract to provide housekeeping or
custodial services; or
``(ii) a contract to provide products or services unrelated
to information technology that is below the micro-purchase
threshold (as defined in section 2.101 of title 48, Code of
Federal Regulations, or any successor thereto).
``(9) Information technology.--The term `information
technology' has the meaning given the term in section 11101
of title 40, United States Code.
``(10) Ransomware.--The term `ransomware' means any type of
malicious software that--
``(A) prevents the legitimate owner or operator of an
information system or network from accessing electronic data,
files, systems, or networks; and
``(B) demands the payment of a ransom for the return of
access to the electronic data,
[[Page S7891]]
files, systems, or networks described in subparagraph (A).
``(11) Ransomware notification.--The term `ransomware
notification' means a notification of a ransomware operation.
``(12) Ransomware operation.--The term `ransomware
operation' means a specific instance in which ransomware
affects the information systems or networks owned or operated
by--
``(A) a covered entity; or
``(B) a Federal agency.
``(13) System.--The term `System' means the ransomware
operation reporting capabilities established under section
2242(b).
``SEC. 2242. ESTABLISHMENT OF RANSOMWARE OPERATION REPORTING
SYSTEM.
``(a) Designation.--The Agency shall be the designated
agency within the Federal Government to receive ransomware
operation notifications from other Federal agencies and
covered entities in accordance with this subtitle.
``(b) Establishment.--Not later than 180 days after the
date of enactment of this subtitle, the Director shall
establish ransomware operation reporting capabilities to
facilitate the submission of timely, secure, and confidential
ransomware notifications by Federal agencies and covered
entities to the Agency.
``(c) Security Assessment.--The Director shall--
``(1) assess the security of the System not less frequently
than once every 2 years; and
``(2) as soon as is practicable after conducting an
assessment under paragraph (1), make any necessary corrective
measures to the System.
``(d) Requirements.--The System shall have the ability--
``(1) to accept classified submissions and notifications;
and
``(2) to accept a ransomware notification from any entity,
regardless of whether the entity is a covered entity.
``(e) Limitations on Use of Information.--Any ransomware
notification submitted to the System--
``(1) shall be exempt from disclosure under--
``(A) section 552 of title 5, United States Code (commonly
referred to as the ``Freedom of Information Act''), in
accordance with subsection (b)(3)(B) of such section 552; and
``(B) any State, Tribal, or local law requiring the
disclosure of information or records; and
``(2) may not be--
``(A) admitted as evidence in any civil or criminal action
brought against the victim of the ransomware operation; or
``(B) subject to a subpoena, unless the subpoena is issued
by Congress for congressional oversight purposes.
``(f) Privacy and Protection.--
``(1) In general.--Not later than the date on which the
Director establishes the System, Director shall adopt privacy
and protection procedures for any information submitted to
the System that, at the time of the submission, is known to
contain--
``(A) the personal information of a specific individual; or
``(B) information that identifies a specific individual
that is not directly related to a ransomware operation.
``(2) Model for protections.--The Director shall base the
privacy and protection procedures adopted under paragraph (1)
on the privacy and protection procedures developed for
information received and shared pursuant to the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501 et seq.).
``(g) Annual Reports.--
``(1) Director reporting requirement.--Not later than 1
year after the date on which the System is established and
once each year thereafter, the Director shall submit to the
appropriate congressional committees a report on the System,
which shall include, with respect to the 1-year period
preceding the report--
``(A) the number of notifications received through the
System; and
``(B) the actions taken in connection with the
notifications described in subparagraph (A).
``(2) Secretary reporting requirement.--Not later than 1
year after the date on which the System is established, and
once each year thereafter, the Secretary shall submit to the
appropriate congressional committees a report on the types of
ransomware operation information and incidents in which
ransom is requested that are required to be submitted as a
ransomware notification, noting any changes from the previous
submission.
``(3) Form.--Any report required under this subsection may
be submitted in a classified form, if necessary.
``SEC. 2243. REQUIRED NOTIFICATIONS.
``(a) In General.--
``(1) Ransomware notification.--Not later than 24 hours
after the discovery of a ransomware operation that
compromises, is reasonably likely to compromise, or otherwise
materially affects the performance of a critical function by
a Federal agency or covered entity, the Federal agency or
covered entity that discovered the ransomware operation shall
submit a ransomware notification to the System.
``(2) Inclusion.--A Federal agency or covered entity shall
submit a ransomware notification under paragraph (1) of a
ransomware operation discovered by the Federal agency or
covered entity even if the ransomware operation does not
occur on a system of the Federal agency or covered entity.
``(b) Required Updates.--A Federal agency or covered entity
that submits a ransomware notification under subsection (a)
shall, upon discovery of new information and not less
frequently than once every 5 days until the date on which the
ransomware operation is mitigated and any follow-up
investigation is completed, submit updated ransomware threat
information to the System.
``(c) Payment Disclosure.--Not later than 24 hours after a
Federal agency or covered entity issues a ransom payment
relating to a ransomware operation, the Federal agency or
covered entity shall submit to the System details of the
ransom payment, including--
``(1) the method of payment;
``(2) the amount of the payment; and
``(3) the recipient of the payment.
``(d) Required Rulemaking.--Notwithstanding any provision
of this title that may limit or restrict the promulgation of
rules, not later than 180 days after the date of enactment of
this subtitle, the Secretary, acting through the Director, in
coordination with the Director of National Intelligence and
the Attorney General, without regard to the notice and
comment rule making requirements under section 553 of title
5, United States Code, and accepting comments after the
effective date, shall promulgate interim final rules that
define--
``(1) the conditions under which a ransomware notification
is required to be submitted under subsection (a)(1);
``(2) the ransomware operation information that shall be
included in a ransomware notification required under this
section; and
``(3) the information that shall be included in a ransom
payment disclosure required under subsection (c).
``(e) Required Coordination With Sector Risk Management
Agencies.--The Secretary, in coordination with the head of
each Sector Risk Management Agency, shall--
``(1) establish a set of reporting criteria for Sector Risk
Management Agencies to submit ransomware notifications to the
System; and
``(2) take steps to harmonize the criteria described in
paragraph (1) with the regulatory reporting requirements in
effect on the date of enactment of this subtitle.
``(f) Protection From Liability.--Section 106 of the
Cybersecurity Act of 2015 (6 U.S.C. 1505) shall apply to a
Federal agency or covered entity required to submit a
ransomware notification to the System.
``(g) Enforcement.--
``(1) Covered entities.--If a covered entity violates the
requirements of this subtitle, the covered entity shall be
subject to penalties determined by the Administrator of the
General Services Administration, which may include removal
from the Federal Contracting Schedules.
``(2) Federal agencies.--If a Federal agency violates the
requirements of this subtitle, the violation shall be
referred to the inspector general for the agency, and shall
be treated as a matter of urgent concern.''.
(2) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by subsection (a)(2) of this
section, is further amended by adding at the end the
following:
``Subtitle D--Ransomware Operation Reporting Capabilities
``Sec. 2241. Definitions.
``Sec. 2242. Establishment of ransomware operation reporting system.
``Sec. 2243. Required notifications.''.
(3) Technical and conforming amendments.--Section 2202(c)
of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is
amended--
(A) by redesignating the second and third paragraphs (12)
as paragraphs (14) and (15), respectively; and
(B) by inserting before paragraph (14), as so redesignated,
the following:
``(13) carry out the responsibilities described in subtitle
D relating to the ransomware operation reporting system;''.
(f) Duties of the Cybersecurity and Infrastructure Security
Agency.--
(1) In general.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
(A) by redesignating section 2217 (6 U.S.C. 665f) as
section 2220;
(B) by redesignating section 2216 (6 U.S.C. 665e) as
section 2219;
(C) by redesignating the fourth section 2215 (relating to
Sector Risk Management Agencies) (6 U.S.C. 665d) as section
2218;
(D) by redesignating the third section 2215 (relating to
the Cybersecurity State Coordinator) (6 U.S.C. 665c) as
section 2217;
(E) by redesignating the second section 2215 (relating to
the Joint Cyber Planning Office) (6 U.S.C. 665b) as section
2216; and
(F) by adding after section 2220, as so redesignated, the
following:
``SEC. 2220A. INFORMATION SYSTEM AND NETWORK SECURITY FUND.
``(a) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' has the
meaning given the term in section 2241.
``(2) Eligible entity.--The term `eligible entity'--
``(A) means a covered entity; and
``(B) does not include an owner or operator of critical
infrastructure that is not in compliance with the
cybersecurity standards developed under section 2232(a).
``(3) Fund.--The term `Fund' means the Information System
and Network Security Fund established under subsection
(b)(1).
``(b) Information System and Network Security Fund.--
[[Page S7892]]
``(1) Establishment.--There is established in the Treasury
of the United States a trust fund to be known as the
`Information System and Network Security Fund'.
``(2) Contents of fund.--
``(A) In general.--The Fund shall consist of such amounts
as may be appropriated for deposit in the Fund.
``(B) Availability.--
``(i) In general.--Amounts deposited in the Fund shall
remain available through the end of the tenth fiscal year
beginning after the date on which funds are first
appropriated to the Fund.
``(ii) Remainder to treasury.--Any unobligated balances in
the Fund after the date described in clause (i) are rescinded
and shall be transferred to the general fund of the Treasury.
``(3) Use of fund.--
``(A) In general.--Amounts deposited in the Fund shall be
available to the Director to distribute to eligible entities
pursuant to this subsection, in such amounts as the Director
determines appropriate, subject to subparagraph (B).
``(B) Distribution.--The amounts distributed to eligible
entities under this paragraph shall be made for a specific
network security purpose, including to enable network
recovery from an event affecting the network cybersecurity of
the eligible entity.
``(4) Administration of fund.--The Director, in
consultation with the Secretary and in coordination with the
head of each Sector Risk Management Agency, shall--
``(A) establish criteria for distribution of amounts under
paragraph (3); and
``(B) administer the Fund to support network security for
eligible entities.
``(5) Report required.--For each fiscal year for which
amounts in the Fund are available under this subsection, the
Director shall submit to Congress a report that--
``(A) describes how, and to which eligible entities,
amounts from the Fund have been distributed;
``(B) details the criteria established under paragraph
(4)(A); and
``(C) includes any additional information that the Director
determines appropriate, including projected requested
appropriations for the next fiscal year.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated for deposit in the Fund
$1,500,000,000, which shall remain available until the last
day of the tenth fiscal year beginning after the fiscal year
during which funds are first appropriated for deposit in the
Fund.
``SEC. 2220B. PUBLIC AWARENESS OF CYBERSECURITY OFFERINGS.
``(a) In General.--Not later than 180 days after the date
of enactment of this section, the Director shall establish a
public awareness campaign relating to the cybersecurity
services of the Federal Government.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to the Director $10,000,000 for
each of fiscal years 2022 through 2031 to carry out
subsection (a).
``SEC. 2220C. DARK WEB ANALYSIS.
``(a) Definition of Dark Web.--In this section, the term
`dark web' means a part of the internet that--
``(1) cannot be accessed through standard web browsers; and
``(2) requires specific software, configurations, or
authorizations for access.
``(b) Authority to Analyze.--The Director may monitor the
internet, including the dark web, for evidence of a
compromise to critical infrastructure.
``(c) Monitoring Capabilities.--The Director shall develop,
institute, and oversee capabilities to carry out the
authority of the Director under subsection (b).
``(d) Notification.--If the Director finds credible
evidence of a compromise to critical infrastructure under
subsection (c), as soon as is practicable after the finding,
the Director shall notify the owner or operator of the
compromised critical infrastructure in a manner that protects
the sources and methods that led to the finding of the
compromise.''.
(2) Technical and conforming amendments.--Section 2202(c)
of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is
amended--
(A) in the first paragraph (12), by striking ``section
2215'' and inserting ``section 2217''; and
(B) by redesignating the second and third paragraphs (12)
as paragraphs (13) and (14), respectively.
(3) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 2214 and all that follows through the item
relating to section 2217 and inserting the following:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint Cyber Planning Office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity education and training programs.
``Sec. 2220A. Information System and Network Security Fund.
``Sec. 2220B. Public awareness of cybersecurity offerings.
``Sec. 2220C. Dark web analysis.''.
(4) Additional technical amendment.--
(A) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020
(title IX of division U of Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by striking ``Homeland
Security Act'' and inserting ``Homeland Security Act of
2002''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect as if enacted as part of the DOTGOV Act of
2020 (title IX of division U of Public Law 116-260).
______
SA 4369. Mr. PORTMAN (for himself, Mr. Peters, Ms. Sinema, and Mr.
King) submitted an amendment intended to be proposed to amendment SA
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. 16__. AUTHORITY FOR NATIONAL CYBER DIRECTOR TO ACCEPT
DETAILS ON NONREMIBURSABLE BASIS.
Section 1752(e) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively, and indenting
such subparagraphs two ems to the right;
(2) in the matter before subparagraph (A), as redesignated
by paragraph (1), by striking ``The Director may'' and
inserting the following:
``(1) In general.--The Director may'';
(3) in paragraph (1)--
(A) as redesignated by paragraph (2), by redesignating
subparagraphs (C) through (H) as subparagraphs (D) through
(I), respectively; and
(B) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) accept officers or employees of the United States or
member of the Armed Forces on a detail from an element of the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) or from
another element of the Federal Government on a
nonreimbursable basis, as jointly agreed to by the heads of
the receiving and detailing elements, for a period not to
exceed three years;''; and
(4) by adding at the end the following new paragraph:
``(2) Rules of construction regarding details.--Paragraph
(1)(C) shall not be construed to impose any limitation on any
other authority for reimbursable or nonreimbursable details.
A nonreimbursable detail made under such paragraph shall not
be considered an augmentation of the appropriations of the
receiving element of the Office of the National Cyber
Director.''.
______
SA 4370. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. MODERNIZATION OF NATIONAL SECURITY CRIMES.
(a) Penalty for Extraterritorial Killing of a United States
National for Terrorist Purposes.--Section 2332(a) of title
18, United States Code, is amended--
(1) in paragraph (1), by inserting ``in the first degree''
after ``murder'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) if the killing is murder in the second degree (as
defined in section 1111(a)), be fined under this title,
punished by imprisonment for any term of years or for life,
or both;'';
(4) in paragraph (3), as so redesignated, by striking ``ten
years'' and inserting ``15 years''; and
(5) in paragraph (4), as so redesignated, by striking
``three years'' and inserting ``8 years''.
(b) Clarifying United States Jurisdiction in Conspiracy
Cases.--Section 956 of title 18, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``, within the
jurisdiction of the United States,''; and
(2) in subsection (b), by striking ``, within the
jurisdiction of the United States,''.
(c) Expanding Offense of Hostage Taking Against United
States Nationals Abroad.--Section 1203 of title 18, United
States Code, is amended--
(1) in subsection (a), by inserting after ``release of the
person detained,'' the following: ``or in order to coerce,
intimidate, or retaliate against a governmental organization
or a civilian population,''; and
(2) in subsection (b)--
[[Page S7893]]
(A) in paragraph (1)(C), by inserting after ``compelled''
the following: ``, coerced, intimidated, or retaliated
against''; and
(B) in paragraph (2), by inserting after ``compelled'' the
following: ``, coerced, intimidated, or retaliated against''.
(d) Expanding Availability of Supervised Release in
Terrorism-related Juvenile Proceedings.--Section 5037(d) of
title 18, United States Code, is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``may not extend'';
(B) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(C) by inserting before clause (i), as so redesignated, the
following:
``(A) except as provided in subparagraph (B), may not
extend--'';
(D) in subparagraph (A), as so designated--
(i) in clause (i), as so redesignated, by striking ``a term
that extends''; and
(ii) in clause (ii), as so redesignated--
(I) by striking ``a term that extends''; and
(II) by striking the period at the end and inserting ``;
or''; and
(E) by adding at the end the following:
``(B) may not extend beyond the date that is 10 years after
the date when the juvenile becomes 21 years old if the
juvenile--
``(i) is charged with an offense listed in section
2332b(g)(5)(B); and
``(ii) is eligible under section 5032 for a motion to
transfer to adult status, but is not transferred to adult
status.'';
(2) in paragraph (5), in the fifth sentence, by inserting
after ``26th birthday,'' the following: ``in the case of a
juvenile described in paragraph (2)(B), no term of official
detention may continue beyond the juvenile's 31st
birthday,''; and
(3) in paragraph (6), in the second sentence, by inserting
after ``26th birthday,'' the following: ``in the case of a
juvenile described in paragraph (2)(B), no term of juvenile
delinquent supervision may continue beyond the juvenile's
31st birthday,''.
(e) Expanding Use of Supervised Release for Convicted
Terrorists.--Section 3583(j) of title 18, United States Code,
is amended--
(1) by striking ``for any offense'' and inserting the
following: ``for--
``(1) any offense'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) an offense under section 371 (relating to conspiracy
to commit offense against or defraud the United States), when
the charge includes an offense listed in section 2332b(5)(B)
as the predicate for the conspiracy, is not more than 10
years.''.
(f) Clarifying Process for Protecting Classified
Information Under the Classified Information Procedures
Act.--Section 4 of the Classified Information Procedures Act
(18 U.S.C. App.) is amended--
(1) by striking ``The court, upon'' and inserting the
following:
``(a) In General.--The court, upon''; and
(2) by adding at the end the following:
``(b) Procedure.--If the United States seeks to delete,
withhold, or otherwise obtain other relief under subsection
(a) with respect to the discovery of any classified
information, the United States may object to the disclosure
of such classified information, supported by an ex parte
declaration signed by any knowledgeable official of the
United States possessing authority to classify such
information that sets forth the identifiable damage to the
national security that the disclosure of such information
reasonably could be expected to cause.''.
(g) Clarifying Application of Classified Information
Procedures Act in Juvenile Proceedings.--Section 1 of the
Classified Information Procedures Act (18 U.S.C. App.) is
amended by adding at the end the following:
``(c) In this Act, the terms `criminal prosecution',
`criminal case', and `criminal proceeding', and any related
terms, include proceedings under chapter 403 of title 18,
United States Code.''.
(h) Clarifying That Terrorists May Qualify for Transfer to
Adult Status Under Juvenile Transfer Provision.--
(1) Delinquency proceedings in district courts; transfer
for criminal prosecution.--Section 5032 of title 18, United
States Code, is amended--
(A) in the first undesignated paragraph--
(i) by striking ``or section 1002(a),'' and inserting
``section 1002(a),''; and
(ii) by striking ``section 922(x) or section 924(b), (g),
or (h)'' and inserting ``or section 922(x), 924(b), (g), or
(h), or 2332b(g)(5)(B)''; and
(B) in the fourth undesignated paragraph--
(i) in the first sentence--
(I) by striking ``or section 1002(a),'' and inserting
``section 1002(a),''; and
(II) by striking ``or section 922(x) of this title, or in
section 924(b), (g), or (h)'' and inserting ``or section
922(x), 924(b), (g), or (h), or 2332b(g)(5)(B)'';
(ii) in the second sentence--
(I) by striking ``crime of violence is an offense under''
and inserting ``crime is an offense described in''; and
(II) by inserting ``or 2332b(g)(5)(B),'' after ``1113,'';
and
(iii) in the fourth sentence, by striking ``(i) or 2275''
and inserting ``or (i), 2275, or 2332b(g)(5)(B)''.
(2) Use of juvenile records.--Section 5038 of title 18,
United States Code, is amended--
(A) in subsection (d), in the first sentence--
(i) by striking ``or section 1001(a),'' and inserting ``,
section 1001(a),''; and
(ii) by inserting ``or section 2332b(g)(5)(B) of this
title,'' after ``Controlled Substances Import and Export
Act,''; and
(B) in subsection (f)--
(i) by striking ``or section 1001(a),'' and inserting ``,
section 1001(a),''; and
(ii) by inserting ``or section 2332b(g)(5)(B) of this
title,'' after ``Controlled Substances Import and Export
Act,''.
______
SA 4371. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. NATIONAL DEEPFAKE AND DIGITAL PROVENANCE TASK
FORCE.
(a) Definitions.--In this section:
(1) Digital content forgery.--The term ``digital content
forgery'' means the use of emerging technologies, including
artificial intelligence and machine learning techniques, to
fabricate or manipulate audio, visual, or text content with
the intent to mislead.
(2) Digital content provenance.--The term ``digital content
provenance'' means the verifiable chronology of the origin
and history of a piece of digital content, such as an image,
video, audio recording, or electronic document.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a private sector or nonprofit organization; or
(B) an institution of higher education.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security and the Committee on
Oversight and Reform of the House of Representatives.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) Task force.--The term ``Task Force'' means the National
Deepfake and Provenance Task Force established under
subsection (b)(1).
(b) Establishment of Task Force.--
(1) Establishment.--The Secretary, in coordination with the
Director of the Office of Science and Technology Policy,
shall establish a task force, to be known as ``the National
Deepfake Provenance Task Force'', to--
(A) investigate the feasibility of, and obstacles to,
developing and deploying standards and technologies for
determining digital content provenance;
(B) propose policy changes to reduce the proliferation and
impact of digital content forgeries, such as the adoption of
digital content provenance and technology standards; and
(C) serve as a formal mechanism for public and private
sector coordination and information sharing to facilitate the
creation and implementation of a coordinated plan to address
the growing threats posed by digital content forgeries.
(2) Membership.--
(A) Co-chairpersons.--The following shall serve as co-
chairpersons of the Task Force:
(i) The Secretary or a designee of the Secretary.
(ii) The Director of the Office of Science and Technology
Policy or a designee of the Director.
(B) Composition.--The Task Force shall be composed of 12
members, of whom--
(i) 4 shall be representatives from the Federal Government,
including the co-chairpersons of the Task Force;
(ii) 4 shall be representatives from institutions of higher
education; and
(iii) 4 shall be representatives from private or nonprofit
organizations.
(C) Appointment.--Not later than 120 days after the date of
enactment of this Act, the co-chairpersons of the Task Force
shall appoint members to the Task Force in accordance with
subparagraph (A) from among technical and legal experts in--
(i) artificial intelligence;
(ii) media manipulation;
(iii) digital forensics;
(iv) secure digital content and delivery;
(v) cryptography;
(vi) privacy;
(vii) civil rights; or
(viii) related subjects.
(D) Term of appointment.--The term of a member of the Task
Force shall end on the date described in subsection (g)(1).
(E) Vacancy.--Any vacancy occurring in the membership of
the Task Force shall be filled in the same manner in which
the original appointment was made.
(F) Expenses for non-federal members.--Members of the Task
Force described in clauses (ii) and (iii) of subparagraph (B)
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees under
subchapter I of
[[Page S7894]]
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Task Force.
(c) Coordinated Plan.--
(1) In general.--The Task Force shall develop a coordinated
plan to--
(A) reduce the proliferation and impact of digital content
forgeries, including by exploring how the adoption of a
digital content provenance standard could assist with
reducing the proliferation of digital content forgeries;
(B) develop mechanisms for content creators to--
(i) cryptographically certify the authenticity of original
media and non-deceptive manipulations; and
(ii) enable the public to validate the authenticity of
original media and non-deceptive manipulations to establish
digital content provenance; and
(C) increase the ability of internet companies,
journalists, watchdog organizations, other relevant entities,
and members of the public to--
(i) meaningfully scrutinize and identify potential digital
content forgeries; and
(ii) relay trust and information about digital content
provenance to content consumers.
(2) Contents.--The plan required under paragraph (1) shall
include the following:
(A) A Government-wide research and development agenda to--
(i) improve technologies and systems to detect digital
content forgeries; and
(ii) relay information about digital content provenance to
content consumers.
(B) An assessment of the feasibility of, and obstacles to,
the deployment of technologies and systems to capture,
preserve, and display digital content provenance.
(C) An assessment of the feasibility of, and challenges in,
distinguishing between--
(i) benign or helpful alterations to digital content; and
(ii) intentionally deceptive or obfuscating alterations to
digital content.
(D) A discussion of best practices, including any necessary
standards, for the adoption and effective use of technologies
and systems to determine digital content provenance and
detect digital content forgeries.
(E) Conceptual proposals for necessary research projects
and experiments to further develop successful technology to
ascertain digital content provenance.
(F) Proposed policy changes, including changes in law, to--
(i) incentivize the adoption of technologies, systems, open
standards, or other means to detect digital content forgeries
and determine digital content provenance; and
(ii) reduce the incidence, proliferation, and impact of
digital content forgeries.
(G) Recommendations for models for public-private
partnerships to fight disinformation and reduce digital
content forgeries, including partnerships that support and
collaborate on--
(i) industry practices and standards for determining
digital content provenance;
(ii) digital literacy education campaigns and user-friendly
detection tools for the public to reduce the proliferation
and impact of disinformation and digital content forgeries;
(iii) industry practices and standards for documenting
relevant research and progress in machine learning and
related areas; and
(iv) the means and methods for identifying and addressing
the technical and financial infrastructure that supports the
proliferation of digital content forgeries, such as
inauthentic social media accounts and bank accounts.
(H) An assessment of privacy and civil liberties
requirements associated with efforts to deploy technologies
and systems to determine digital content provenance or reduce
the proliferation of digital content forgeries, including
statutory or other proposed policy changes.
(I) A determination of metrics to define the success of--
(i) technologies or systems to detect digital content
forgeries;
(ii) technologies or systems to determine digital content
provenance; and
(iii) other efforts to reduce the incidence, proliferation,
and impact of digital content forgeries.
(d) Consultations.--In carrying out subsection (c), the
Task Force shall consult with the following:
(1) The Director of the National Science Foundation.
(2) The National Academies of Sciences, Engineering, and
Medicine.
(3) The Director of the National Institute of Standards and
Technology.
(4) The Director of the Defense Advanced Research Projects
Agency.
(5) The Director of the Intelligence Advanced Research
Projects Activity of the Office of the Director of National
Intelligence.
(6) The Secretary of Energy.
(7) The Secretary of Defense.
(8) The Attorney General.
(9) The Secretary of State.
(10) The Federal Trade Commission.
(11) The United States Trade Representative.
(12) Representatives from private industry and nonprofit
organizations.
(13) Representatives from institutions of higher education.
(14) Such other individuals as the Task Force considers
appropriate.
(e) Staff.--
(1) In general.--Staff of the Task Force shall be comprised
of detailees with expertise in artificial intelligence or
related fields from--
(A) the Department of Homeland Security;
(B) the National Institute of Standards and Technology; or
(C) any other Federal agency the co-chairpersons of the
Task Force consider appropriate with the consent of the head
of the Federal agency.
(2) Other assistance.--
(A) In general.--The co-chairpersons of the Task Force may
enter into an agreement with an eligible entity for the
temporary assignment of employees of the eligible entity to
the Task Force in accordance with this paragraph.
(B) Application of ethics rules.--An employee of an
eligible entity assigned to the Task Force under subparagraph
(A)--
(i) shall be considered a special Government employee for
the purpose of Federal law, including--
(I) chapter 11 of title 18, United States Code; and
(II) the Ethics in Government Act of 1978 (5 U.S.C. App.);
and
(ii) notwithstanding section 202(a) of title 18, United
States Code, may be assigned to the Task Force for a period
of not more than 2 years.
(C) Financial liability.--An agreement entered into with an
eligible entity under subparagraph (A) shall require the
eligible entity to be responsible for any costs associated
with the assignment of an employee to the Task Force.
(D) Termination.--The co-chairpersons of the Task Force may
terminate the assignment of an employee to the Task Force
under subparagraph (A) at any time and for any reason.
(f) Task Force Reports.--
(1) Interim report.--
(A) In general.--Not later than 1 year after the date on
which all of the appointments have been made under subsection
(b)(2)(C), the Task Force shall submit to the President and
the relevant congressional committees the coordinated plan
developed under subsection (c)(1) in the form of an interim
report containing the findings, conclusions, and
recommendations of the Task Force.
(B) Contents.--The report required under subparagraph (A)
shall include specific recommendations for ways to reduce the
proliferation and impact of digital content forgeries,
including the deployment of technologies and systems to
determine digital content provenance.
(2) Final report.--Not later than 180 days after the date
of the submission of the interim report under paragraph
(1)(A), the Task Force shall submit to the President and the
relevant congressional committees the coordinated plan
developed under subsection (c)(1) in the form of a final
report containing the findings, conclusions, and
recommendations of the Task Force.
(3) Requirements.--With respect to each report submitted
under this subsection--
(A) the Task Force shall make the report publicly
available; and
(B) the report--
(i) shall be produced in an unclassified form; and
(ii) may include a classified annex.
(g) Termination.--
(1) In general.--The Task Force shall terminate on the date
that is 90 days after the date on which the Task Force
submits the final report under subsection (f)(2).
(2) Records.--Upon the termination of the Task Force under
paragraph (1), each record of the Task Force shall become a
record of the National Archives and Records Administration.
______
SA 4372. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following new section:
``SEC. 890B. HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND
DEVELOPMENT.
``(a) In General.--
``(1) Research and development.--The Secretary is
authorized to conduct research and development to--
``(A) identify United States critical domains for economic
security and homeland security; and
``(B) evaluate the extent to which disruption, corruption,
exploitation, or dysfunction of any of such domain poses a
substantial threat to homeland security.
``(2) Requirements.--
``(A) Risk analysis of critical domains.--The research
under paragraph (1) shall include a risk analysis of each
identified United States critical domain for economic
security to determine the degree to which
[[Page S7895]]
there exists a present or future threat to homeland security
in the event of disruption, corruption, exploitation, or
dysfunction to such domain. Such research shall consider, to
the extent possible, the following:
``(i) The vulnerability and resilience of relevant supply
chains.
``(ii) Foreign production, processing, and manufacturing
methods.
``(iii) Influence of malign economic actors.
``(iv) Asset ownership.
``(v) Relationships within the supply chains of such
domains.
``(vi) The degree to which the conditions referred to in
clauses (i) through (v) would place such a domain at risk of
disruption, corruption, exploitation, or dysfunction.
``(B) Additional research into high-risk critical
domains.--Based on the identification and risk analysis of
United States critical domains for economic security pursuant
to paragraph (1) and subparagraph (A) of this paragraph,
respectively, the Secretary may conduct additional research
into those critical domains, or specific elements thereof,
with respect to which there exists the highest degree of a
present or future threat to homeland security in the event of
disruption, corruption, exploitation, or dysfunction to such
a domain. For each such high-risk domain, or element thereof,
such research shall--
``(i) describe the underlying infrastructure and processes;
``(ii) analyze present and projected performance of
industries that comprise or support such domain;
``(iii) examine the extent to which the supply chain of a
product or service necessary to such domain is concentrated,
either through a small number of sources, or if multiple
sources are concentrated in one geographic area;
``(iv) examine the extent to which the demand for supplies
of goods and services of such industries can be fulfilled by
present and projected performance of other industries,
identify strategies, plans, and potential barriers to expand
the supplier industrial base, and identify the barriers to
the participation of such other industries;
``(v) consider each such domain's performance capacities in
stable economic environments, adversarial supply conditions,
and under crisis economic constraints;
``(vi) identify and define needs and requirements to
establish supply resiliency within each such domain; and
``(vii) consider the effects of sector consolidation,
including foreign consolidation, either through mergers or
acquisitions, or due to recent geographic realignment, on
such industries' performances.
``(3) Consultation.--In conducting the research under
paragraphs (1) and (2)(B), the Secretary shall consult with
appropriate Federal agencies, including the Bureau of
Industry and Security at the Department of Commerce, State
agencies, and private sector stakeholders.
``(4) Publication.--Beginning 1 year after the date of the
enactment of this section, the Secretary shall publish a
report containing information relating to the research under
paragraphs (1) and (2)(B), including findings, evidence,
analysis, and recommendations. Such report shall be updated
annually through 2026.
``(b) Submission to Congress.--Not later than 90 days after
the publication of each report required under subsection
(a)(4), the Secretary shall transmit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate each such report, together with a description of
actions the Secretary, in consultation with appropriate
Federal agencies, will undertake or has undertaken in
response to each such report.
``(c) Definitions.--In this section:
``(1) Economic security.--The term `economic security'
means the condition of having secure and resilient domestic
production capacity, combined with reliable access to the
global resources necessary to maintain an acceptable standard
of living and to protect core national values.
``(2) United states critical domains for economic
security.--The term `United States critical domains for
economic security' means the critical infrastructure and
other associated industries, technologies, and intellectual
property, or any combination thereof, that are essential to
the economic security of the United States.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated $1,000,000 for each of fiscal years 2022
through 2026 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 890A the following new item:
``Sec. 890B. Homeland security critical domain research and
development.''.
______
SA 4373. Mr. REED (for himself and Mr. Whitehouse) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by
Mr. Reed and intended to be proposed to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction,
and for defense activities of the Department of Energy, to
prescribe military personnel strengths for such fiscal year, and
for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. ADDITION OF RHODE ISLAND TO THE MID-ATLANTIC FISHERY
MANAGEMENT COUNCIL.
Section 302(a)(1)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(a)(1)(B)) is
amended--
(1) by inserting ``Rhode Island,'' after ``States of'';
(2) by inserting ``Rhode Island,'' after ``except North
Carolina,'';
(3) by striking ``21'' and inserting ``23''; and
(4) by striking ``13'' and inserting ``14''.
______
SA 4374. Mr. REED submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. EXTENSION OF PERIOD FOR ADJUSTMENT OF STATUS FOR
CERTAIN LIBERIAN NATIONALS.
Section 7611(b)(1)(A) of the National Defense Authorization
Act for Fiscal Year 2020 (8 U.S.C. 1255 note) is amended by
striking ``2 years'' and inserting ``3 years''.
______
SA 4375. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. REPEAL OF SUNSET ON PROHIBITION ON COMMERCIAL
EXPORT OF CERTAIN COVERED MUNITIONS ITEMS TO
HONG KONG POLICE FORCE.
The Act entitled ``An Act to prohibit the commercial export
of covered munitions and crime control items to the Hong Kong
Police Force'', approved November 27, 2019 (Public Law 116-
77; 133 Stat. 1173), as amended by section 1252 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283), is further
amended by striking section 3.
______
SA 4376. Mr. MERKLEY (for himself and Mr. Rubio) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. CHINA CENSORSHIP MONITOR AND ACTION GROUP.
(a) Definitions.--In this section:
(1) Qualified research entity.--The term ``qualified
research entity'' means an entity that--
(A) is a nonpartisan research organization or a federally
funded research and development center;
(B) has appropriate expertise and analytical capability to
write the report required under subsection (c); and
(C) is free from any financial, commercial, or other
entanglements, which could undermine the independence of such
report or create a conflict of interest or the appearance of
a conflict of interest, with--
(i) the Government of the People's Republic of China;
(ii) the Chinese Communist Party;
(iii) any company incorporated in the People's Republic of
China or a subsidiary of any such company; or
(iv) any company or entity incorporated outside of the
People's Republic of China that is believed to have a
substantial financial or commercial interest in the People's
Republic of China.
(2) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.
(b) China Censorship Monitor and Action Group.--
[[Page S7896]]
(1) In general.--The President shall establish an
interagency task force, which shall be known as the ``China
Censorship Monitor and Action Group'' (referred to in this
subsection as the ``Task Force'').
(2) Membership.--The President shall--
(A) appoint the chair of the Task Force from among the
staff of the National Security Council;
(B) appoint the vice chair of the Task Force from among the
staff of the National Economic Council; and
(C) direct the head of each of the following executive
branch agencies to appoint personnel to participate in the
Task Force:
(i) The Department of State.
(ii) The Department of Commerce.
(iii) The Department of the Treasury.
(iv) The Department of Justice.
(v) The Office of the United States Trade Representative.
(vi) The Office of the Director of National Intelligence,
and other appropriate elements of the intelligence community
(as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003).
(vii) The Federal Communications Commission.
(viii) The United States Agency for Global Media.
(ix) Other agencies designated by the President.
(3) Responsibilities.--The Task Force shall--
(A) oversee the development and execution of an integrated
Federal Government strategy to monitor and address the
impacts of efforts directed, or directly supported, by the
Government of the People's Republic of China to censor or
intimidate, in the United States or in any of its possessions
or territories, any United States person, including United
States companies that conduct business in the People's
Republic of China, which are exercising their right to
freedom of speech; and
(B) submit the strategy developed pursuant to subparagraph
(A) to the appropriate congressional committees not later
than 120 days after the date of the enactment of this Act.
(4) Meetings.--The Task Force shall meet not less
frequently than twice per year.
(5) Consultations.--The Task Force should regularly
consult, to the extent necessary and appropriate, with--
(A) Federal agencies that are not represented on the Task
Force;
(B) independent agencies of the United States Government
that are not represented on the Task Force;
(C) relevant stakeholders in the private sector and the
media; and
(D) relevant stakeholders among United States allies and
partners facing similar challenges related to censorship or
intimidation by the Government of the People's Republic of
China.
(6) Reporting requirements.--
(A) Annual report.--The Task Force shall submit an annual
report to the appropriate congressional committees that
describes, with respect to the reporting period--
(i) the strategic objectives and policies pursued by the
Task Force to address the challenges of censorship and
intimidation of United States persons while in the United
States or any of its possessions or territories, which is
directed or directly supported by the Government of the
People's Republic of China;
(ii) the activities conducted by the Task Force in support
of the strategic objectives and policies referred to in
clause (i); and
(iii) the results of the activities referred to in clause
(ii) and the impact of such activities on the national
interests of the United States.
(B) Form of report.--Each report submitted pursuant to
subparagraph (A) shall be unclassified, but may include a
classified annex.
(C) Congressional briefings.--Not later than 90 days after
the date of the enactment of this Act, and annually
thereafter, the Task Force shall provide briefings to the
appropriate congressional committees regarding the activities
of the Task Force to execute the strategy developed pursuant
to paragraph (3)(A).
(c) Report on Censorship and Intimidation of United States
Persons by the Government of the People's Republic of
China.--
(1) Report.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
select and seek to enter into an agreement with a qualified
research entity that is independent of the Department of
State to write a report on censorship and intimidation in the
United States and its possessions and territories of United
States persons, including United States companies that
conduct business in the People's Republic of China, which is
directed or directly supported by the Government of the
People's Republic of China.
(B) Matters to be included.--The report required under
subparagraph (A) shall--
(i) assess major trends, patterns, and methods of the
Government of the People's Republic of China's efforts to
direct or directly support censorship and intimidation of
United States persons, including United States companies that
conduct business in the People's Republic of China, which are
exercising their right to freedom of speech;
(ii) assess, including through the use of illustrative
examples, as appropriate, the impact on and consequences for
United States persons, including United States companies that
conduct business in the People's Republic of China, that
criticize--
(I) the Chinese Communist Party;
(II) the Government of the People's Republic of China;
(III) the authoritarian model of government of the People's
Republic of China; or
(IV) a particular policy advanced by the Chinese Communist
Party or the Government of the People's Republic of China;
(iii) identify the implications for the United States of
the matters described in clauses (i) and (ii);
(iv) assess the methods and evaluate the efficacy of the
efforts by the Government of the People's Republic of China
to limit freedom of expression in the private sector,
including media, social media, film, education, travel,
financial services, sports and entertainment, technology,
telecommunication, and internet infrastructure interests;
(v) include policy recommendations for the United States
Government, including recommendations regarding collaboration
with United States allies and partners, to address censorship
and intimidation by the Government of the People's Republic
of China; and
(vi) include policy recommendations for United States
persons, including United States companies that conduct
business in China, to address censorship and intimidation by
the Government of the People's Republic of China.
(C) Applicability to united states allies and partners.--To
the extent practicable, the report required under
subparagraph (A) should identify implications and policy
recommendations that are relevant to United States allies and
partners facing censorship and intimidation directed or
directly supported by the Government of the People's Republic
of China.
(2) Submission of report.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State shall
submit the report written by the qualified research entity
selected pursuant to paragraph (1)(A) to the appropriate
congressional committees.
(B) Publication.--The report referred to in subparagraph
(A) shall be made accessible to the public online through
relevant United States Government websites.
(3) Federal government support.--The Secretary of State and
other Federal agencies selected by the President shall
provide the qualified research entity selected pursuant to
paragraph (1)(A) with timely access to appropriate
information, data, resources, and analyses necessary for such
entity to write the report described in paragraph (1)(A) in a
thorough and independent manner.
(d) Sunset.--This section shall terminate on the date that
is 5 years after the date of the enactment of this Act.
______
SA 4377. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 719, between lines 12 and 13, insert the
following:
(9) An assessment of actions by the Government of the
United States or the Government of the People's Republic of
China that could be interpreted by the other government as
provocative or requiring a strategic response and consequent
measures to avoid inadvertent escalation of conflict.
(10) An assessment of whether sufficient personnel are
currently dedicated to strategic stability and arms control
with the People's Republic of China.
______
SA 4378. Mr. MERKLEY (for himself and Mr. Romney) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. SENSE OF CONGRESS ON SELECTION OF HOST CITIES FOR
THE OLYMPIC GAMES.
It is the sense of Congress that--
(1) the International Olympic Committee should not consider
a proposal to host the Olympic Games from a country that is
engaging in genocide, crimes against humanity, or serious
violations of internationally recognized human rights; and
(2) if, after the date of the enactment of this Act, the
International Olympic Committee awards the honor of hosting
the Olympic Games to a country that subsequently engages in
genocide, crimes against humanity, or serious violations of
internationally recognized human rights, the
[[Page S7897]]
International Olympic Committee should meet and reassign such
honor to another country.
______
SA 4379. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VI, add the following:
SEC. 607. COMBATING FOOD INSECURITY AMONG MEMBERS OF THE
ARMED FORCES AND THEIR FAMILIES.
(a) Designation of Senior Official to Combat Food
Insecurity.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
designate a senior official of the Department of Defense to
be responsible for, and accountable to the Secretary with
respect to, combating food insecurity among members of the
Armed Forces and their families. The Secretary shall
designate the senior official from among individuals who are
appointed to a position in the Department by the President,
by and with the advice and consent of the Senate.
(2) Responsibilities.--The senior official designated under
paragraph (1) shall be responsible for the following:
(A) Oversight of policy, strategy, and planning for efforts
of the Department of Defense to combat food insecurity among
members of the Armed Forces and their families.
(B) Coordinating with other Federal agencies with respect
to combating food insecurity.
(C) Such other matters as the Secretary considers
appropriate.
(b) Government Accountability Office Review of Report on
Food Insecurity Among Members of the Armed Forces and Their
Families.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of the report required by
section 656 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1433).
(2) Briefing and report.--The Comptroller General shall--
(A) brief the congressional defense committees on the
review conducted under paragraph (1) not later than 180 days
after receiving the report described in that paragraph; and
(B) submit to the congressional defense committees a report
on that review not later than 180 days after providing the
briefing under subparagraph (A).
______
SA 4380. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VI, add the following:
SEC. 607. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF REPORT
ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED
FORCES AND THEIR FAMILIES.
(a) In General.--The Comptroller General of the United
States shall conduct a review of the report required by
section 656 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1433).
(b) Briefing and Report.--The Comptroller General shall--
(1) brief the congressional defense committees on the
review conducted under subsection (a) not later than 180 days
after receiving the report described in that subsection; and
(2) submit to the congressional defense committees a report
on that review not later than 180 days after providing the
briefing under paragraph (1).
______
SA 4381. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, insert the
following:
SEC. 728. MODIFICATIONS AND REPORT RELATED TO REALIGNMENT OR
REDUCTION OF MILITARY MEDICAL MANNING AND
MEDICAL BILLETS.
(a) Modifications to Limitation on Realignment or
Reduction.--Section 719 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1454),
as amended by section 717 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is further amended--
(1) in subsection (a), by striking ``180 days following the
date of the enactment of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021'' and
inserting ``the one-year period following the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2022''; and
(2) in subsection (b)(1), by inserting ``, including any
billet validation requirements determined pursuant to
estimates provided in the joint medical estimate under
section 732(b)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1817),'' after ``requirements of the military
department of the Secretary''.
(b) GAO Report on Realignment or Reduction of Military
Medical Manning and Medical Billets.--
(1) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committees on Armed Services of
the the Senate and the House of Representatives a report on
the analyses used to support any realignment or reduction of
military medical manning, including any realignment or
reduction of medical billets of the military departments.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An analysis of the use of the joint medical estimate
under section 732(b)(1) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1817) and wartime scenarios to determine
military medical manpower requirements, including with
respect to pandemic influenza and homeland defense missions.
(B) An assessment of whether the Secretaries of the
military departments have used the processes under section
719(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1454) to ensure that
a sufficient combination of skills, specialties, and
occupations are validated and filled prior to the transfer of
any medical billets of a military department to fill other
military medical manpower needs.
(C) An assessment of the effect of the reduction or
realignment of such billets on local health care networks and
whether the Director of the Defense Health Agency has
conducted such an assessment in coordination with the
Secretaries of the military departments.
______
SA 4382. Mr. WARNER (for himself and Mr. Tillis) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2815. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION
OF CERTAIN STATUTORY PROVISIONS INTENDED TO
IMPROVE THE EXPERIENCE OF RESIDENTS OF
PRIVATIZED MILITARY HOUSING.
(a) Assessment Required.--
(1) In general.--The Comptroller General of the United
States shall conduct an independent assessment of the
implementation by the Department of Defense of sections 2890
and 2891c(b) of title 10, United States Code.
(2) Elements.--The assessment required under paragraph (1)
shall include--
(A) a summary and evaluation of the analysis and
information provided to residents of privatized military
housing regarding the assessment of performance indicators
pursuant to section 2891c(b) of title 10, United States Code,
and the extent to which such residents have requested such an
assessment;
(B) a summary of the extent to which the Department
collects and uses data on whether members of the Armed Forces
and their families residing in privatized military housing,
including family and unaccompanied housing, have exercised
the rights afforded in the Military Housing Privatization
Initiative Tenant Bill of Rights under subsection (a) of
section 2890 of title 10, United States Code, to include the
rights specified under paragraphs (8), (12), (13), (14), and
(15) of subsection (b) of such section, and an evaluation of
the implementation by the Department of Defense of such
section; and
(C) such other matters as the Comptroller General considers
necessary.
(b) Briefing and Report.--
(1) Briefing.--Not later than March 31, 2022, the
Comptroller General shall provide to the Committees on Armed
Services of the Senate and the House of Representatives an
interim briefing on the assessment conducted under subsection
(a).
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the
[[Page S7898]]
Committees on Armed Services of the Senate and the House of
Representatives a report on the assessment conducted under
subsection (a).
(c) Privatized Military Housing Defined.--In this section,
the term ``privatized military housing'' means military
housing provided under subchapter IV of chapter 169 of title
10, United States Code.
______
SA 4383. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. 807. DEPARTMENT OF DEFENSE NATIONAL IMPERATIVE FOR
INDUSTRIAL SKILLS PROGRAM.
(a) Authority.--
(1) In general.--The Secretary of Defense shall carry out
and accelerate the Department of Defense National Imperative
for Industrial Skills Program within the Industrial Base
Analysis and Sustainment (IBAS) Office to evaluate and
further develop workforce development training programs for
training the skilled industrial workers needed in the defense
industrial base.
(2) Priorities.--In carrying out the program, the Secretary
shall prioritize--
(A) innovative training programs that can rapidly train
skilled workers for placement in the defense industrial base
faster than traditional training programs and at the scale
needed to measurably reduce, as rapidly as possible, the
manpower shortages that currently exist; and
(B) training programs that can address the specific
manufacturing requirements and skills that are unique to
critical industrial sectors of the defense industrial base,
such as naval shipbuilding.
(b) Funding.--
(1) In general.--The amount authorized to be appropriated
for the Department of Defense for fiscal year 2022 for
Research, Development, Test, and Evaluation, Defense-wide and
available for Industrial Base Analysis and Sustainment
Support is increased by $10,00,000, with the amount of such
increase to be available for pilot projects carried out
pursuant to subsection (a).
(2) Offset.--The amount authorized to be appropriated for
the Department of Defense for fiscal year 2022 for Other
Procurement, Navy and available for LCS MCM Mission Modules
is reduced by $10,000,000.
______
SA 4384. Mr. VAN HOLLEN submitted an amendment intended to be
proposed by him to the bill H.R. 4350, to authorize appropriations for
fiscal year 2022 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title III, add the following:
SEC. 376. PILOT PROGRAM FOR TACTICAL VEHICLE SAFETY DATA
COLLECTION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Army and the
Secretary of the Navy shall jointly carry out a pilot program
to evaluate the feasibility of using data recorders to
monitor, assess, and improve the readiness and safety of the
operation of military tactical vehicles.
(b) Purposes.--The purposes of the pilot program are--
(1) to allow for the automated identification of hazards
and potential hazards on and off military installations;
(2) to mitigate and increase awareness of hazards and
potential hazards on and off military installations;
(3) to identify near-miss accidents;
(4) to create a standardized record source for accident
investigations;
(5) to assess individual driver proficiency, risk, and
readiness;
(6) to increase consistency in the implementation of
military installation and unit-level range safety programs
across military installations and units;
(7) to evaluate the feasibility of incorporating metrics
generated from data recorders into the safety reporting
systems and to the Defense Readiness Reporting System as a
measure of assessing safety risks, mitigations, and
readiness;
(8) to determine the costs and benefits of retrofitting
data recorders on legacy platforms and including data
recorders as a requirement in acquisition of military
tactical vehicles; and
(9) any other matters as determined by the Secretary
concerned.
(c) Requirements.--In carrying out the pilot program, the
Secretary of the Army and the Secretary of the Navy shall--
(1) assess the feasibility of using commercial technology,
such as smartphones or technologies used by insurance
companies, as a data recorder;
(2) test and evaluate a minimum of two data recorders that
meet the pilot program requirements;
(3) select a data recorder capable of collecting and
exporting the telemetry data, event data, and driver
identification during operation and accidents;
(4) install and maintain a data recorder on a sufficient
number of each of the military tactical vehicles listed under
subsection (f) at installations selected by the Secretary
concerned under subsection (e) for statistically significant
results;
(5) establish and maintain a database that contains
telemetry data, driver data, and event data captured by the
data recorder;
(6) regularly generate for each installation selected under
subsection (e) a dataset that is viewable in widely available
mapping software of hazards and potential hazards based on
telemetry data and event data captured by the data recorders;
(7) generate actionable data sets and statistics on
individual, vehicle, and military installation;
(8) require commanders at the installations selected under
subsection (e) to incorporate the actionable data sets and
statistics into the installation range safety program;
(9) require unit commanders at the installations selected
under subsection (e) to incorporate the actionable data sets
and statistics into the unit driver safety program;
(10) evaluate the feasibility of integrating data sets and
statistics to improve driver certification and licensing
based on data recorded and generated by the data recorders;
(11) use open architecture to the maximum extent
practicable; and
(12) carry out any other activities determined by the
Secretary as necessary to meet the purposes under subsection
(b).
(d) Implementation Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
and the Secretary of the Navy shall develop a plan for
implementing the pilot program.
(e) Locations.--Each Secretary concerned shall carry out
the pilot program at not fewer than one military installation
in the United States selected by the Secretary concerned that
meets the following conditions:
(1) Contains the necessary force structure, equipment, and
maneuver training ranges to collect driver and military
tactical vehicle data during training and routine operation.
(2) Represents at a minimum one of the five training ranges
identified in the study by the Comptroller General of the
United States titled ``Army and Marine Corps Should Take
Additional Actions to Mitigate and Prevent Training
Accidents'' that did not track unit location during the
training events.
(f) Covered Military Tactical Vehicles.--The pilot program
shall cover the following military tactical vehicles:
(1) Army Strykers.
(2) Marine Corps Light Armored Vehicles.
(3) Army Medium Tactical Vehicles.
(4) Marine Corps Medium Tactical Vehicle Replacements.
(g) Metrics.--The Secretaries shall develop metrics to
evaluate the effectiveness of the pilot program in
monitoring, assessing, and improving vehicle safety, driver
readiness, and mitigation of risk.
(h) Reports.--
(1) Initial.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army and the
Secretary of the Navy shall jointly submit to the
congressional defense committees a report on the pilot
program that addresses the plan for implementing the
requirements under subsection (c), including the established
metrics under subsection (g).
(2) Interim.--Not later than three years after the
commencement of the pilot program, the Secretary of the Army
and the Secretary of the Navy shall jointly submit to the
congressional defense committees a report on the status of
the pilot program, including the preliminary results in
carrying out the pilot program, the metrics generated during
the pilot program, disaggregated by military tactical
vehicle, location, and service, and the implementation plan
under subsection (d).
(3) Final.--
(A) In general.--Not later than 90 days after the
termination of the pilot program, the Secretary of the Army
and the Secretary of the Navy shall jointly submit to the
congressional defense committees a report on the results of
the program.
(B) Elements.--The report required by subparagraph (A)
shall--
(i) assess the effectiveness of the pilot program in
meeting the purposes under subsection (b);
(ii) include the metrics generated during the pilot
program, disaggregated by military tactical vehicle,
location, and service;
(iii) include the views of range personnel, unit
commanders, and members of the Armed Forces involved in the
pilot program on the level of effectiveness of the technology
selected;
(iv) provide a cost estimate for equipping legacy military
tactical vehicles with data recorders;
(v) determine the instances in which data recorders should
be a requirement in the acquisition of military tactical
vehicles;
(vi) recommend whether the pilot program should be expanded
or made into a program of record; and
(vii) recommend any statutory, regulatory, or policy
changes required to support the purposes under subsection
(b).
(i) Termination.--The authority to carry out the pilot
program under subsection (a)
[[Page S7899]]
shall terminate five years after the date of the enactment of
this Act.
(j) Definitions.--In this section:
(1) Accident.--The term ``accident'' means a collision,
rollover, or other mishap involving a motor vehicle.
(2) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given
that term in section 101(a)(16) of title 10, United States
Code.
(3) Data recorder.--The term ``data recorder'' means
technologies installed in a motor vehicle to record driver
identification, telemetry data, and event data related to the
operation of the motor vehicle.
(4) Driver identification.--The term ``driver
identification'' means data enabling the unique
identification of the driver operating a motor vehicle.
(5) Event data.--The term ``event data'' includes data
related to--
(A) the start and conclusion of each vehicle operation;
(B) a vehicle accident;
(C) a vehicle acceleration, velocity, or location with an
increased potential for an accident; or
(D) a vehicle orientation with an increased potential for
an accident.
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Army with respect to matters
concerning the Army; and
(B) the Secretary of the Navy with respect to matters
concerning the Navy and Marine Corps.
(7) Telemetry data.--The term ``telemetry data'' includes--
(A) time;
(B) vehicle distance traveled;
(C) vehicle acceleration and velocity;
(D) vehicle orientation, including roll, pitch, and yaw;
and
(E) vehicle location in a geographic coordinate system,
including elevation.
______
SA 4385. Mr. VAN HOLLEN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle G of title XII, add the following:
SEC. 12__. CONSIDERATION OF HUMAN RIGHTS RECORDS OF
RECIPIENTS OF SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) in subsection (c)(2) by adding at the end of the
following new subparagraph--
``(D) The processes through which the Secretary shall, in
consultation with the Secretary of State, ensure that prior
to a decision to provide any support to foreign forces,
irregular forces, groups, or individuals full consideration
is given to any credible information available to the
Department of State relating to violations of human rights by
such entities.''.
(2) in subsection (d)(2)--
(A) in subparagraph (H), by inserting ``, including the
promotion of good governance and rule of law and the
protection of civilians and human rights'' before the period
at the end;
(B) in subparagraph (I), by striking the period at the end
and inserting ``or violations of the Geneva Conventions of
1949, including--
``(i) with respect to any unit that receives such support,
vetting the unit for violations of human rights;
``(ii) providing human rights training to units receiving
such support; and
``(iii) providing for the investigation of allegations of
violations of human rights and termination of such support in
cases of credible information of such violations.''; and
(C) by adding at the end the following new subparagraph:
``(J) A description of the human rights record of the
recipient, including for purposes of section 362 of this
title, and any relevant attempts by such recipient to remedy
such record.'';
(3) in subsection (i)(3) by adding at the end the following
new subparagraph:
``(I) An assessment of how support provided under this
section advances United States national security priorities
and aligns with other United States Government efforts to
address underlying risk factors of terrorism and violent
extremism.''; and
(4) by adding at the end the following new subsection:
``(j) Prohibition on Use of Funds.--(1) Except as provided
in paragraphs (2) and (3), no funds may be used to provide
support to any foreign forces, irregular forces, groups, or
individuals if the Secretary of Defense has credible
information that the unit has committed a gross violation of
human rights.
``(2) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition under paragraph
(1) if the Secretary determines that the waiver is required
by extraordinary circumstances.
``(3) The prohibition under paragraph (1) shall not apply
with respect to the foreign forces, irregular forces, groups,
or individuals of a country if the Secretary of Defense,
after consultation with the Secretary of State, determines
that--
``(A) the government of such country has taken all
necessary corrective steps; or
``(B) the support is necessary to assist in disaster relief
operations or other humanitarian or national security
emergencies.''.
______
SA 4386. Mr. VAN HOLLEN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
Strike section 572 and insert the following:
SEC. 572. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE
SERVICE ACADEMIES IN THE EVENT OF THE DEATH,
RESIGNATION, OR EXPULSION FROM OFFICE OF A
MEMBER OF CONGRESS.
(a) United States Military Academy.--
(1) In general.--Chapter 753 of title 10, United States
Code, is amended by inserting after section 7442 the
following new section:
``Sec. 7442a. Cadets: nomination in event of death,
resignation, or expulsion from office of member of Congress
otherwise authorized to nominate
``(a) Senators.--In the event a Senator does not submit
nominations for cadets for an academic year in accordance
with section 7442(a)(3) of this title due to death,
resignation from office, or expulsion from office and the
date of the swearing-in of the Senator's successor as Senator
occurs after the date of the deadline for submittal of
nominations for cadets for the academic year, the nominations
for cadets otherwise authorized to be made by the Senator
pursuant to such section shall be made instead by the other
Senator from the State concerned.
``(b) Representatives.--In the event a Representative from
a State does not submit nominations for cadets for an
academic year in accordance with section 7442(a)(4) of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the
Representative's successor as Representative occurs after the
date of the deadline for submittal of nominations for cadets
for the academic year, the nominations for cadets otherwise
authorized to be made by the Representative pursuant to such
section shall be made instead by the Senators from the State
of the congressional district concerned, with such
nominations divided equally among such Senators and any
remainder going to the senior Senator from the State.
``(c) Construction of Authority.--Any nomination for cadets
made by a Member pursuant to this section is not a
reallocation of a nomination. Such nominations are made in
lieu of a Member that does not submit nominations for cadets
for an academic year in accordance with section 7442 of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the Member's
successor occurs after the date of the deadline for submittal
of nominations for cadets for the academic year.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 753 of such title is amended by
inserting after the item relating to section 7442 the
following new item:
``7442a. Cadets: nomination in event of death, resignation, or
expulsion from office of member of Congress otherwise
authorized to nominate.''.
(b) United States Naval Academy.--
(1) In general.--Chapter 853 of title 10, United States
Code, is amended by inserting after section 8454 the
following new section:
``Sec. 8454a. Midshipmen: nomination in event of death,
resignation, or expulsion from office of member of Congress
otherwise authorized to nominate
``(a) Senators.--In the event a Senator does not submit
nominations for midshipmen for an academic year in accordance
with section 8454(a)(3) of this title due to death,
resignation from office, or expulsion from office and the
date of the swearing-in of the Senator's successor as Senator
occurs after the date of the deadline for submittal of
nominations for midshipmen for the academic year, the
nominations for midshipmen otherwise authorized to be made by
the Senator pursuant to such section shall be made instead by
the other Senator from the State concerned.
``(b) Representatives.--In the event a Representative from
a State does not submit nominations for midshipmen for an
academic year in accordance with section 8454(a)(4) of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the
Representative's successor as Representative occurs after the
date of the deadline for submittal of nominations for
midshipmen for the academic year, the nominations for
midshipmen otherwise authorized to be made by the
Representative pursuant to such section shall be made instead
by the Senators from the State of the congressional district
concerned, with such
[[Page S7900]]
nominations divided equally among such Senators and any
remainder going to the senior Senator from the State.
``(c) Construction of Authority.--Any nomination for
midshipmen made by a Member pursuant to this section is not a
reallocation of a nomination. Such nominations are made in
lieu of a Member that does not submit nominations for cadets
for an academic year in accordance with section 8454 of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the Member's
successor occurs after the date of the deadline for submittal
of nominations for midshipmen for the academic year.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 853 of such title is amended by
inserting after the item relating to section 8454 the
following new item:
``8454a. Midshipmen: nomination in event of death, resignation, or
expulsion from office of member of Congress otherwise
authorized to nominate.''.
(c) Air Force Academy.--
(1) In general.--Chapter 953 of title 10, United States
Code, is amended by inserting after section 9442 the
following new section:
``Sec. 9442a. Cadets: nomination in event of death,
resignation, or expulsion from office of member of Congress
otherwise authorized to nominate
``(a) Senators.--In the event a Senator does not submit
nominations for cadets for an academic year in accordance
with section 9442(a)(3) of this title due to death,
resignation from office, or expulsion from office and the
date of the swearing-in of the Senator's successor as Senator
occurs after the date of the deadline for submittal of
nominations for cadets for the academic year, the nominations
for cadets otherwise authorized to be made by the Senator
pursuant to such section shall be made instead by the other
Senator from the State concerned.
``(b) Representatives.--In the event a Representative from
a State does not submit nominations for cadets for an
academic year in accordance with section 9442(a)(4) of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the
Representative's successor as Representative occurs after the
date of the deadline for submittal of nominations for cadets
for the academic year, the nominations for cadets otherwise
authorized to be made by the Representative pursuant to such
section shall be made instead by the Senators from the State
of the congressional district concerned, with such
nominations divided equally among such Senators and any
remainder going to the senior Senator from the State.
``(c) Construction of Authority.--Any nomination for cadets
made by a Member pursuant to this section is not a
reallocation of a nomination. Such nominations are made in
lieu of a Member that does not submit nominations for cadets
for an academic year in accordance with section 9442 of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the Member's
successor occurs after the date of the deadline for submittal
of nominations for cadets for the academic year.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 953 of such title is amended by
inserting after the item relating to section 9442 the
following new item:
``9442a. Cadets: nomination in event of death, resignation, or
expulsion from office of member of Congress otherwise
authorized to nominate.''.
(d) Merchant Marine Academy.--
(1) In general.--Chapter 513 of title 46, United States
Code, is amended by inserting after section 51302 the
following new section:
``Sec. 51302a. Cadets: nomination in event of death,
resignation, or expulsion from office of member of Congress
otherwise authorized to nominate
``(a) Senators.--In the event a Senator does not submit
nominations for cadets for an academic year in accordance
with section 51302(b)(1) of this title due to death,
resignation from office, or expulsion from office and the
date of the swearing-in of the Senator's successor as Senator
occurs after the date of the deadline for submittal of
nominations for cadets for the academic year, the nominations
for cadets otherwise authorized to be made by the Senator
pursuant to such section shall be made instead by the other
Senator from the State concerned.
``(b) Representatives.--In the event a Representative from
a State does not submit nominations for cadets for an
academic year in accordance with section 51302(b)(2) of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the
Representative's successor as Representative occurs after the
date of the deadline for submittal of nominations for cadets
for the academic year, the nominations for cadets otherwise
authorized to be made by the Representative pursuant to such
section shall be made instead by the Senators from the State
of the congressional district concerned, with such
nominations divided equally among such Senators and any
remainder going to the senior Senator from the State.
``(c) Construction of Authority.--Any nomination for cadets
made by a Member pursuant to this section is not a
reallocation of a nomination. Such nominations are made in
lieu of a Member that does not submit nominations for cadets
for an academic year in accordance with section 51302 of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the Member's
successor occurs after the date of the deadline for submittal
of nominations for cadets for the academic year.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 513 of such title is amended by
inserting after the item relating to section 51302 the
following new item:
``51302a. Cadets: nomination in event of death, resignation, or
expulsion from office of member of Congress otherwise
authorized to nominate.''.
______
SA 4387. Mr. VAN HOLLEN submitted an amendment intended to be
proposed by him to the bill H.R. 4350, to authorize appropriations for
fiscal year 2022 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in title XI, insert the following:
SEC. ___. TREATMENT OF HOURS WORKED UNDER A QUALIFIED TRADE-
OF-TIME ARRANGEMENT.
Section 5542 of title 5, United States Code, is amended by
adding at the end the following:
``(h)(1) Notwithstanding any other provision of this
section, any hours worked by a firefighter under a qualified
trade-of-time arrangement shall be disregarded for purposes
of any determination relating to eligibility for, or the
amount of, any overtime pay under this section.
``(2) For purposes of this subsection--
``(A) the term `qualified trade-of-time arrangement' means
an arrangement under which 2 firefighters who are employed by
the same agency agree, solely at their option and with the
approval of their employing agency, to substitute for one
another during scheduled work hours in the performance of
work in the same capacity; and
``(B) the term `firefighter' means a firefighter as defined
by section 8331(21) or 8401(14).''.
______
SA 4388. Mr. VAN HOLLEN submitted an amendment intended to be
proposed by him to the bill H.R. 4350, to authorize appropriations for
fiscal year 2022 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2836. INCREASE IN AMOUNTS AVAILABLE FOR UNSPECIFIED
MINOR MILITARY CONSTRUCTION FOR REVITALIZATION
AND RECAPITALIZATION OF LABORATORIES.
Section 2805(d) of title 10, United States Code, is amended
by striking ``$6,000,000'' each place it appears and
inserting ``$10,000,000''.
______
SA 4389. Mr. VAN HOLLEN submitted an amendment intended to be
proposed by him to the bill H.R. 4350, to authorize appropriations for
fiscal year 2022 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ____. COAST GUARD YARD IMPROVEMENT.
Of the amounts authorized to be appropriated under section
4902(2)(A)(ii) of title 14, United States Code, $175,000,000
shall be made available for fiscal year 2022 for the
Commandant of the Coast Guard to improve facilities at the
Coast Guard Yard in Baltimore, Maryland, including dock, dry
dock, and capital equipment improvements and dredging
necessary to facilitate access to such Coast Guard Yard.
______
SA 4390. Mr. VAN HOLLEN submitted an amendment intended to be
proposed by him to the bill H.R. 4350, to authorize appropriations for
fiscal year 2022 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title III, add the following:
[[Page S7901]]
SEC. 376. IMPLEMENTATION OF COMPTROLLER GENERAL
RECOMMENDATIONS ON PREVENTING TACTICAL VEHICLE
TRAINING ACCIDENTS.
(a) Plan Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, each Secretary concerned shall
submit to the congressional defense committees and to the
Comptroller General of the United States a plan to address
the recommendations in the report by the Comptroller General
entitled ``Army and Marine Corps Should Take Additional
Actions to Mitigate and Prevent Training Accidents'' (GAO-21-
361).
(2) Elements.--Each plan submitted under paragraph (1)
shall include, with respect to each recommendation in the
report described in such paragraph that the Secretary
concerned has implemented or intends to implement--
(A) a summary of actions that have been or will be taken to
implement the recommendation; and
(B) a schedule, with specific milestones, for completing
implementation of the recommendation.
(b) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act, each Secretary concerned shall carry out activities to
implement the plan of the Secretary developed under
subsection (a).
(2) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--A Secretary concerned may
initiate implementation of a recommendation in the report
described in subsection (a) after the date specified in
paragraph (1) if, on or before such date, the Secretary
provides to the congressional defense committees a specific
justification for the delay in implementation of such
recommendation.
(B) Nonimplementation.--A Secretary concerned may decide
not to implement a recommendation in the report described in
subsection (a) if, on or before the date specified in
paragraph (1), the Secretary provides to the congressional
defense committees--
(i) a specific justification for the decision not to
implement the recommendation; and
(ii) a summary of alternative actions the Secretary plans
to take to address the conditions underlying the
recommendation.
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of the Army, with respect to matters
concerning the Army; and
(2) the Secretary of the Navy, with respect to matters
concerning the Navy.
______
SA 4391. Mr. VAN HOLLEN (for himself, Mr. Carper, Mr. Blumenthal, Mr.
Wyden, Mr. Durbin, Mr. Casey, Mr. Kaine, Mr. Heinrich, and Mr. Warner)
submitted an amendment intended to be proposed by him to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--District of Columbia National Guard Home Rule
SEC. 1071. SHORT TITLE.
This subtitle may be cited as the ``District of Columbia
National Guard Home Rule Act''.
SEC. 1072. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR
OF THE DISTRICT OF COLUMBIA.
(a) Mayor as Commander-in-chief.--Section 6 of the Act
entitled ``An Act to provide for the organization of the
militia of the District of Columbia, and for other
purposes'', approved March 1, 1889 (sec. 49-409, D.C.
Official Code), is amended by striking ``President of the
United States'' and inserting ``Mayor of the District of
Columbia''.
(b) Reserve Corps.--Section 72 of such Act (sec. 49-407,
D.C. Official Code) is amended by striking ``President of the
United States'' each place it appears and inserting ``Mayor
of the District of Columbia''.
(c) Appointment of Commissioned Officers.--(1) Section 7(a)
of such Act (sec. 49-301(a), D.C. Official Code) is amended--
(A) by striking ``President of the United States'' and
inserting ``Mayor of the District of Columbia''; and
(B) by striking ``President.'' and inserting ``Mayor.''.
(2) Section 9 of such Act (sec. 49-304, D.C. Official Code)
is amended by striking ``President'' and inserting ``Mayor of
the District of Columbia''.
(3) Section 13 of such Act (sec. 49-305, D.C. Official
Code) is amended by striking ``President of the United
States'' and inserting ``Mayor of the District of Columbia''.
(4) Section 19 of such Act (sec. 49-311, D.C. Official
Code) is amended--
(A) in subsection (a), by striking ``to the Secretary of
the Army'' and all that follows through ``which board'' and
inserting ``to a board of examination appointed by the
Commanding General, which''; and
(B) in subsection (b), by striking ``the Secretary of the
Army'' and all that follows through the period and inserting
``the Mayor of the District of Columbia, together with any
recommendations of the Commanding General.''.
(5) Section 20 of such Act (sec. 49-312, D.C. Official
Code) is amended--
(A) by striking ``President of the United States'' each
place it appears and inserting ``Mayor of the District of
Columbia''; and
(B) by striking ``the President may retire'' and inserting
``the Mayor may retire''.
(d) Call for Duty.--(1) Section 45 of such Act (sec. 49-
103, D.C. Official Code) is amended by striking ``, or for
the United States Marshal'' and all that follows through
``shall thereupon order'' and inserting ``to order''.
(2) Section 46 of such Act (sec. 49-104, D.C. Official
Code) is amended by striking ``the President'' and inserting
``the Mayor of the District of Columbia''.
(e) General Courts Martial.--Section 51 of such Act (sec.
49-503, D.C. Official Code) is amended by striking ``the
President of the United States'' and inserting ``the Mayor of
the District of Columbia''.
SEC. 1073. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES
CODE.
(a) Failure to Satisfactorily Perform Prescribed
Training.--Section 10148(b) of title 10, United States Code,
is amended by striking ``the commanding general of the
District of Columbia National Guard'' and inserting ``the
Mayor of the District of Columbia''.
(b) Appointment of Chief of National Guard Bureau.--Section
10502(a)(1) of such title is amended by striking ``the
commanding general of the District of Columbia National
Guard'' and inserting ``the Mayor of the District of
Columbia''.
(c) Vice Chief of National Guard Bureau.--Section
10505(a)(1)(A) of such title is amended by striking ``the
commanding general of the District of Columbia National
Guard'' and inserting ``the Mayor of the District of
Columbia''.
(d) Other Senior National Guard Bureau Officers.--Section
10506(a)(1) of such title is amended by striking ``the
commanding general of the District of Columbia National
Guard'' both places it appears and inserting ``the Mayor of
the District of Columbia''.
(e) Consent for Active Duty or Relocation.--(1) Section
12301 of such title is amended--
(A) in subsection (b), by striking ``commanding general of
the District of Columbia National Guard'' in the second
sentence and inserting ``Mayor of the District of Columbia'';
and
(B) in subsection (d), by striking the period at the end
and inserting the following: ``, or, in the case of the
District of Columbia National Guard, the Mayor of the
District of Columbia.''.
(2) Section 12406 of such title is amended by striking
``the commanding general of the National Guard of the
District of Columbia'' and inserting ``the Mayor of the
District of Columbia''.
(f) Consent for Relocation of Units.--Section 18238 of such
title is amended by striking ``the commanding general of the
National Guard of the District of Columbia'' and inserting
``the Mayor of the District of Columbia''.
SEC. 1074. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES
CODE.
(a) Maintenance of Other Troops.--Section 109(c) of title
32, United States Code, is amended by striking ``(or
commanding general in the case of the District of
Columbia)''.
(b) Drug Interdiction and Counter-drug Activities.--Section
112(h)(2) of such title is amended by striking ``the
Commanding General of the National Guard of the District of
Columbia'' and inserting ``the Mayor of the District of
Columbia''.
(c) Additional Assistance.--Section 113 of such title is
amended by adding at the end the following new subsection:
``(e) Inclusion of District of Columbia.--In this section,
the term `State' includes the District of Columbia.''.
(d) Appointment of Adjutant General.--Section 314 of such
title is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
and (c), respectively; and
(3) in subsection (b) (as so redesignated), by striking
``the commanding general of the District of Columbia National
Guard'' and inserting ``the Mayor of the District of
Columbia,''.
(e) Relief From National Guard Duty.--Section 325(a)(2)(B)
of such title is amended by striking ``commanding general of
the District of Columbia National Guard'' and inserting ``the
Mayor of the District of Columbia''.
(f) Authority to Order to Perform Active Guard and Reserve
Duty.--
(1) Authority.--Subsection (a) of section 328 of such title
is amended by striking ``the commanding general of the
District of Columbia National Guard'' and inserting ``the
Mayor of the District of Columbia''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section is
amended to read as follows:
``SEC. 328. ACTIVE GUARD AND RESERVE DUTY: AUTHORITY OF CHIEF
EXECUTIVE.''.
(B) Table of sections.--The table of sections at the
beginning of chapter 3 of such title is amended by striking
the item relating to section 328 and inserting the following
new item:
``328. Active Guard and Reserve duty: authority of chief executive.''.
(g) Personnel Matters.--Section 505 of such title is
amended by striking ``commanding general of the National
Guard of the District of Columbia'' in the first sentence and
inserting ``Mayor of the District of Columbia''.
[[Page S7902]]
(h) National Guard Challenge Program.--Section 509 of such
title is amended--
(1) in subsection (c)(1), by striking ``the commanding
general of the District of Columbia National Guard, under
which the Governor or the commanding general'' and inserting
``the Mayor of the District of Columbia, under which the
Governor or the Mayor'';
(2) in subsection (g)(2), by striking ``the commanding
general of the District of Columbia National Guard'' and
inserting ``the Mayor of the District of Columbia'';
(3) in subsection (j), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''; and
(4) in subsection (k), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''.
(i) Issuance of Supplies.--Section 702(a) of such title is
amended by striking ``commanding general of the National
Guard of the District of Columbia'' and inserting ``Mayor of
the District of Columbia''.
(j) Appointment of Fiscal Officer.--Section 708(a) of such
title is amended by striking ``commanding general of the
National Guard of the District of Columbia'' and inserting
``Mayor of the District of Columbia''.
SEC. 1075. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA
HOME RULE ACT.
Section 602(b) of the District of Columbia Home Rule Act
(sec. 1-206.02(b), D.C. Official Code) is amended by striking
``the National Guard of the District of Columbia,''.
______
SA 4392. Ms. CANTWELL submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 376. BRIEFING AND REPORT ON APPROACH FOR CERTAIN
PROPERTIES AFFECTED BY NOISE FROM MILITARY
FLIGHT OPERATIONS.
(a) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
the use and applicability of the Air Installations Compatible
Use Zones program of the Department of Defense to support
noise mitigation and insulation efforts for fixed wing
aircraft, including any such efforts funded under grants from
the Office of Local Defense Community Cooperation of the
Department.
(b) Matters.--The briefing under subsection (a) shall
include a discussion of the following:
(1) Changes to current practices regarding the Air
Installations Compatible Use Zones program that are necessary
to support noise mitigation and insulation efforts relating
to existing covered facilities.
(2) The number of fixed wing aircraft facilities covered by
existing studies under such program.
(3) The proportion of existing studies under such program
that accurately reflect current and reasonably foreseeable
fixed wing aviation activity.
(4) Expected timelines for each military department to
develop and update all studies under such program to reflect
current and reasonably foreseeable fixed wing activity.
(5) An approximate number of covered facilities anticipated
to be within the 65 decibel day-night average sound level for
installations with existing studies under such program,
including such facilities specifically located in crash zones
or accident potential zones.
(6) An assessment of the viability of making eligibility to
receive funding for noise mitigation and insulation efforts
contingent on the completion of certain measures to ensure
compatibility of civilian land use activity with conclusions
under such program.
(7) Any barriers to the timely review and generation of
studies under such program, including with respect to
staffing and gaps in authorities.
(8) The estimated cost to develop and update required
practices and studies under such program.
(9) Future opportunities to consult with local communities
affected by noise from military flight operations.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the final
outcome of the update process being undertaken by the
Secretary with respect to the Air Installations Compatible
Use Zones program.
(2) Elements.--The report required by paragraph (1) shall
include further details and analysis with respect to each
matter specified in subsection (b).
(d) Definitions.--In this section:
(1) The term ``Air Installations Compatible Use Zones
program'' has the meaning given such term in Department of
Defense Instruction 4165.57.
(2) The term ``covered facility'' means any--
(A) private residence;
(B) hospital;
(C) daycare facility;
(D) school; or
(E) facility the primary purpose of which is to serve
senior citizens.
______
SA 4393. Ms. CANTWELL submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. PROVIDING END-TO-END ELECTRONIC VOTING SERVICES
FOR ABSENT UNIFORMED SERVICES VOTERS IN
LOCATIONS WITH LIMITED OR IMMATURE POSTAL
SERVICE.
(a) Plan.--
(1) Development.--In consultation with the Chief
Information Officer of the Department of Defense, the
Presidential designee under the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) shall
develop a plan for providing end-to-end electronic voting
services (including services for registering to vote,
requesting an electronic ballot, completing the ballot, and
returning the ballot) in participating States for absent
uniformed services voters under such Act who are deployed or
mobilized to locations with limited or immature postal
service (as determined by the Presidential designee).
(2) Specifications.--The Presidential designee shall
include in the plan developed under paragraph (1)--
(A) methods to ensure that voters have the opportunity to
verify that their ballots are received and tabulated
correctly by the appropriate State and local election
officials;
(B) methods to generate a verifiable and auditable vote
trail for the purposes of any recount or audit conducted with
respect to an election; and
(C) an assessment of whether commercially available
technologies may be used to carry out any of the elements of
the plan.
(3) Consultation with state and local election officials.--
The Presidential designee shall develop the plan under
paragraph (1) in consultation with appropriate State and
local election officials to ensure that the plan may be
implemented successfully in any State which agrees to
participate in the plan.
(4) Use of contractors.--To the extent the Presidential
designee determines to be appropriate, the Presidential
designee may include in the plan developed under paragraph
(1) provisions for the use of contractors to carry out any of
the elements of the plan.
(5) Submission.--Not later than one year after the date of
the enactment of this Act, the Presidential designee shall
submit the plan developed under paragraph (1) to the
Committees on Armed Services of the House of Representatives
and Senate.
(b) Implementation.--If the Presidential designee
determines it feasible, the Presidential designee shall
implement the plan developed under subsection (a)--
(1) for a trial group of voters in participating States for
elections for Federal office held in 2024; and
(2) for all such voters in participating States for
elections for Federal office held in 2026 and any succeeding
year.
______
SA 4394. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. LIMITATION ON AUTHORITIES IN FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
(a) Foreign Intelligence Surveillance Act of 1978.--
(1) In general.--The Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the
end the following:
``TITLE IX--LIMITATIONS
``SEC. 901. LIMITATIONS ON AUTHORITIES TO SURVEIL UNITED
STATES PERSONS AND ON USE OF INFORMATION
CONCERNING UNITED STATES PERSONS.
``(a) Definitions.--In this section:
``(1) Pen register and trap and trace device.--The terms
`pen register' and `trap and trace device' have the meanings
given such terms in section 3127 of title 18, United States
Code.
``(2) United states person.--The term `United States
person' has the meaning given such term in section 101.
[[Page S7903]]
``(3) Derived.--Information or evidence is `derived' from
an acquisition when the Government would not have originally
possessed the information or evidence but for that
acquisition, and regardless of any claim that the information
or evidence is attenuated from the surveillance or search,
would inevitably have been discovered, or was subsequently
reobtained through other means
``(b) Limitation on Authorities.--Notwithstanding any other
provision of this Act, an officer of the United States may
not under this Act request an order for, and the Foreign
Intelligence Surveillance Court may not under this Act
order--
``(1) electronic surveillance of a United States person;
``(2) a physical search of a premises, information,
material, or property used exclusively by, or under the open
and exclusive control of, a United States person;
``(3) approval of the installation and use of a pen
register or trap and trace device to obtain information
concerning a United States person;
``(4) the production of tangible things (including books,
records, papers, documents, and other items) concerning a
United States person; or
``(5) the targeting of a United States person for the
acquisition of information.
``(c) Limitation on Use of Information Concerning United
States Persons.--
``(1) Definition of aggrieved person.--In this subsection,
the term `aggrieved person' means a person who is the target
of any surveillance activity under this Act or any other
person whose communications or activities were subject to any
surveillance activity under this Act.
``(2) In general.--Except as provided in paragraph (3), any
information concerning a United States person acquired or
derived from an acquisition under this Act shall not be used
in evidence against that United States person in any
criminal, civil, or administrative proceeding or as part of
any criminal, civil, or administrative investigation.
``(3) Use by aggrieved persons.--An aggrieved person who is
a United States person may use information concerning such
person acquired under this Act in a criminal, civil, or
administrative proceeding or as part of a criminal, civil, or
administrative investigation.''.
(2) Clerical amendment.--The table of contents preceding
section 101 is amended by adding at the end the following:
``TITLE IX--LIMITATIONS
``Sec. 901. Limitations on authorities to surveil United States persons
and on use of information concerning United States
persons.''.
(b) Limitation on Surveillance Under Executive Order
12333.--
(1) Definitions.--In this subsection:
(A) Aggrieved person.--The term ``aggrieved person'' means
a person who is the target of any surveillance activity under
Executive Order 12333 (50 U.S.C. 3001 note; relating to
United States intelligence activities) or any other person
whose communications or activities were subject to any
surveillance activity under such Executive Order.
(B) Pen register; trap and trace device; united states
person.--The terms ``pen register'', ``trap and trace
device'', and ``United States person'' have the meanings
given such terms in section 901 of the Foreign Intelligence
Surveillance Act of 1978, as added by subsection (a).
(2) Limitation on acquisition.--Where authority is provided
by statute or by the Federal Rules of Criminal Procedure to
perform physical searches or to acquire, directly or through
third parties, communications content, non-contents
information, or business records, those authorizations shall
provide the exclusive means by which such searches or
acquisition shall take place if the target of acquisition is
a United States person and the information is sought for
foreign intelligence purposes.
(3) Limitation on use in legal proceedings.--Except as
provided in paragraph (5), any information concerning a
United States person acquired or derived from an acquisition
under Executive Order 12333 (50 U.S.C. 3001 note; relating to
United States intelligence activities), where such
acquisition is not authorized by statute or by the Federal
Rules of Criminal Procedure, shall not be used in evidence
against that United States person in any criminal, civil, or
administrative proceeding or as part of any criminal, civil,
or administrative investigation.
(4) Limitation on united states person queries.--No
governmental entity shall query communications content, non-
contents information, or business records acquired for
foreign intelligence purposes under Executive Order 12333 (50
U.S.C. 3001 note; relating to United States intelligence
activities) but without statutory authorization or
authorization under the Federal Rules of Criminal Procedure
using search terms associated with a United States person.
(5) Use by aggrieved persons.--An aggrieved person who is a
United States person may use information concerning such
person acquired under Executive Order 12333 in a criminal,
civil, or administrative proceeding or as part of a criminal,
civil, or administrative investigation.
______
SA 4395. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1213 and insert the following:
SEC. 1213. PROHIBITION ON USE OF FUNDS FOR TALIBAN AND
RESCISSION OF UNOBLIGATED BALANCES FOR
AFGHANISTAN.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or any other Act may be made
available for the transfer of funds, supplies, or any other
item of monetary value to the Taliban.
(b) Rescission.--
(1) In general.--There are hereby rescinded all unobligated
balances from the amounts appropriated or otherwise made
available to the covered funds for reconstruction activities
in Afghanistan.
(2) Covered funds defined.--In this subsection, the term
``covered funds'' means, with respect to amounts appropriated
for Afghanistan--
(A) the Afghanistan Security Forces Fund (ASFF);
(B) the Economic Support Fund (ESF);
(C) International Narcotics Control and Law Enforcement
(INCLE);
(D) the Commanders' Emergency Response Program (CERP);
(E) Drug Interdiction and Counter-Drug Activities (DICDA);
(F) Migration and Refugee Assistance (MRA);
(G) International Disaster Assistance (IDA); and
(H) Non-Proliferation, Antiterrorism, Demining, and Related
(NADR).
______
SA 4396. Mr. RISCH (for himself and Mr. Menendez) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--International Pandemic Preparedness and COVID-19 Response
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``International Pandemic
Preparedness and COVID-19 Response Act of 2021''.
SEC. 1292. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Global health security agenda; ghsa.--The terms
``Global Health Security Agenda'' and ``GHSA'' mean the
multi-sectoral initiative launched in 2014 and renewed in
2018 that brings together countries, regions, international
organizations, nongovernmental organizations, and the private
sector to elevate global health security as a national-level
priority, to share best practices, and to facilitate national
capacity to comply with and adhere to--
(A) the International Health Regulations (2005);
(B) the World Organisation for Animal Health international
standards and guidelines;
(C) United Nations Security Council Resolution 1540 (2004);
(D) the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological and Toxin
Weapons and on their Destruction, done at Washington, London,
and Moscow, April 10, 1972 (commonly referred to as the
``Biological Weapons Convention'');
(E) the Global Health Security Agenda 2024 Framework; and
(F) other relevant frameworks that contribute to global
health security.
(3) Global health security index .--The term ``Global
Health Security Index'' means the comprehensive assessment
and benchmarking of health security and related capabilities
across the countries that make up the States Parties to the
International Health Regulations (2005).
(4) Global health security initiative.--The term ``Global
Health Security Initiative'' means the informal network of
countries and organizations that came together in 2001 to
undertake concerted global action to strengthen public health
preparedness and response to chemical, biological,
radiological, and nuclear threats, including pandemic
influenza.
(5) Joint external evaluation.--The term ``Joint External
Evaluation'' means the
[[Page S7904]]
World Health Organization-facilitated, voluntary,
collaborative, multi-sectoral process to assess country
capacity to prevent, detect, and rapidly respond to public
health risks occurring naturally or due to deliberate or
accidental events, assess progress in achieving the targets
under the International Health Regulations (2005), and
recommend priority actions.
(6) Key stakeholders.--The term ``key stakeholders'' means
actors engaged in efforts to advance global health security
programs and objectives, including--
(A) national and local governments in partner countries;
(B) other bilateral donors;
(C) international, regional, and local organizations,
including private, voluntary, nongovernmental, and civil
society organizations;
(D) international, regional, and local financial
institutions;
(E) representatives of historically marginalized groups,
including women, youth, and indigenous peoples;
(F) the private sector, including medical device,
technology, pharmaceutical, manufacturing, logistics, and
other relevant companies; and
(G) public and private research and academic institutions.
(7) One health approach.--The term ``One Health approach''
means the collaborative, multi-sectoral, and
transdisciplinary approach toward achieving optimal health
outcomes in a manner that recognizes the interconnection
between people, animals, plants, and their shared
environment.
(8) Relevant federal departments and agencies.--The term
``relevant Federal departments and agencies'' means any
Federal department or agency implementing United States
policies and programs relevant to the advancement of United
States global health security and diplomacy overseas, which
may include--
(A) the Department of State;
(B) the United States Agency for International Development;
(C) the Department of Health and Human Services;
(D) the Department of Defense;
(E) the Defense Threat Reduction Agency;
(F) the Millennium Challenge Corporation;
(G) the Development Finance Corporation;
(H) the Peace Corps; and
(I) any other department or agency that the President
determines to be relevant for these purposes.
(9) Resilience.--The term ``resilience'' means the ability
of people, households, communities, systems, institutions,
countries, and regions to reduce, mitigate, withstand, adapt
to, and quickly recover from stresses and shocks in a manner
that reduces chronic vulnerability to pandemic threats and
facilitates inclusive growth.
(10) USAID.--The term ``USAID'' means the United States
Agency for International Development.
SEC. 1293. PURPOSE.
The purpose of this subtitle is to accelerate and enhance
the United States international response to pandemics,
including the COVID-19 pandemic, and to operationalize
lessons learned from current and prior emergency responses in
a manner that--
(1) advances the global health security and diplomacy
objectives of the United States;
(2) improves coordination among the relevant Federal
departments and agencies implementing United States foreign
assistance for global health security; and
(3) more effectively enables partner countries to
strengthen and sustain resilient health systems and supply
chains with the resources, capacity, and personnel required
to prevent, prepare for, detect, and respond to infectious
disease threats before they become pandemics.
SEC. 1294. ENHANCING THE UNITED STATES' INTERNATIONAL
RESPONSE TO COVID-19 AND FUTURE PANDEMICS.
(a) Statement of Policy Regarding International Cooperation
to End the COVID-19 Pandemic.--It shall be the policy of the
United States to lead and implement a comprehensive and
coordinated international response to end the COVID-19
pandemic in a manner that recognizes the critical role that
multilateral and regional organizations can and should play
in pandemic response, including by--
(1) seeking adoption of a United Nations Security Council
resolution that--
(A) declares pandemics, including the COVID-19 pandemic, to
be a threat to international peace and security; and
(B) urges member states to address this threat by aligning
their health preparedness plans with international best
practices, including those established by the Global Health
Security Agenda, to improve country capacity to prevent,
detect, and respond to infectious disease threats;
(2) advancing efforts to reform the World Health
Organization so that it serves as an effective, normative,
and coordinating body that is capable of aligning member
countries around a strategic operating plan to detect,
contain, treat, and deter the further spread of COVID-19;
(3) providing timely, appropriate levels of financial
support to United Nations agencies responding to the COVID-19
pandemic;
(4) prioritizing United States foreign assistance for the
COVID-19 response in the most vulnerable countries and
regions;
(5) encouraging other donor governments to similarly
increase contributions to the United Nations agencies
responding to the COVID-19 pandemic in the world's poorest
and most vulnerable countries;
(6) working with key stakeholders to accelerate progress
toward meeting and exceeding, as practicable, global COVID-19
vaccination goals, whereby--
(A) at least 40 percent of the population in all countries
is vaccinated by the end of 2021; and
(B) at least 70 percent of the population in all countries
is vaccinated by the opening date of the 77th regular session
of the United Nations General Assembly;
(7) engaging with key overseas stakeholders, including
through multilateral facilities such as the COVID-19 Vaccines
Global Access initiative (referred to in this section as
``COVAX'') and the Access to COVID-19 Tools (ACT) Accelerator
initiative, and expanding bilateral efforts, including
through the International Development Finance Corporation, to
accelerate the development, manufacturing, production, and
efficient and equitable distribution of--
(A) vaccines and related raw materials to meet or exceed
the vaccination goals under paragraph (6); and
(B) global health commodities, including supplies to combat
COVID-19 and to help immediately disrupt the transmission of
SARS-CoV-2;
(8) supporting global COVID-19 vaccine distribution
strategies that strengthen underlying health systems and
ensure that people living in vulnerable and marginalized
communities, including women, do not face undue barriers to
vaccination;
(9) working with key stakeholders, including through the
World Bank Group, the International Monetary Fund, the
International Finance Corporation, and other relevant
regional and bilateral financial institutions, to address the
economic and financial implications of the COVID-19 pandemic,
while taking into account the differentiated needs of
disproportionately affected, vulnerable, and marginalized
populations;
(10) entering into discussions with vaccine manufacturing
companies to support partnerships, with the goal of ensuring
adequate global supply of vaccines, which may include
necessary components and raw materials;
(11) establishing clear timelines, benchmarks, and goals
for COVID-19 response strategies and activities under this
section; and
(12) generating commitments of resources in support of the
goals referred to in paragraph (6).
(b) Oversight of United States Foreign Assistance to End
the COVID-19 Pandemic.--
(1) Reporting requirements.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of State
and the USAID Administrator shall jointly submit to the
appropriate congressional committees--
(A) an unclassified report containing a description of
funds already obligated and expended under title X of the
American Rescue Plan Act of 2021 (Public Law 117-2); and
(B) a plan that describes the objectives and timeline for
the obligation and expenditure of all remaining funds
appropriated under title X of the American Rescue Plan Act of
2021, to include support for civil society for the protection
of human rights in the context of the COVID-19 pandemic,
which shall be submitted in an unclassified form, and should
include a description of steps taken pursuant to each
objective specified in the plan.
(2) Congressional consultation.--Not less frequently than
once every 60 days, until the completion or termination of
the implementation plan required under paragraph (1)(B), and
upon the request from one or more of the appropriate
congressional committees, the Secretary of State and the
USAID Administrator shall provide a briefing to the
appropriate congressional committees regarding the report
required under paragraph (1)(A) and the status of the
implementation of the plan required under paragraph (1)(B).
(3) Branding.--In providing assistance under this section,
the Secretary of State and the USAID Administrator, with due
consideration for the safety and security of implementing
partners and beneficiaries, shall prescribe the use of logos
or other insignia, which may include the flag of the United
States, to appropriately identify such assistance as being
from the people of the United States.
(c) United States Contributions to the Global Fund to Fight
AIDS, Tuberculosis, and Malaria COVID-19 Response
Mechanism.--United States contributions to the Global Fund to
Fight AIDS, Tuberculosis, and Malaria COVID-19 Response
Mechanism under section 10003(a)(2) of the American Rescue
Plan Act of 2021 (Public Law 107-2)--
(1) shall be meaningfully leveraged in a manner that
incentivizes other public and private donor contributions;
and
(2) shall be subject to the reporting and withholding
requirements under subsections (c), (d)(4)(A)(ii), (d)(4)(C),
(d)(5), (d)(6), (f), and (g) of section 202 of the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (22 U.S.C. 7622).
(d) Global COVID-19 Vaccine Distribution and Delivery.--
(1) Accelerating global vaccine distribution strategy.--The
President shall develop a strategy to expand access to, and
accelerate the global distribution of, COVID-19 vaccines to
other countries, which shall--
(A) identify the countries that have the highest infection
and death rates due to COVID-19, the lowest COVID-19
vaccination
[[Page S7905]]
rates, and face the most difficult political, logistical, and
financial challenges to obtaining and delivering COVID-19
vaccines, and describe the basis and metrics used to make
such determinations;
(B) identify which countries and regions will be
prioritized and targeted for COVID-19 vaccine delivery, and
the rationale for such prioritization;
(C) describe efforts that the United States is making to
increase COVID-19 vaccine manufacturing capacity, both
domestically and internationally, as appropriate, through
support for the establishment or refurbishment of regional
manufacturing hubs in South America, South Africa, and South
Asia, including through the provision of international
development finance, and estimate when, how many, and which
types of vaccines will be provided by the United States
Government bilaterally and through COVAX;
(D) describe efforts to encourage international partners to
take actions similar to the efforts referred to in
subparagraph (C);
(E) describe how the United States Government will ensure
efficient delivery of COVID-19 vaccines to intended
recipients, including United States citizens residing
overseas, and identify complementary United States foreign
assistance that will facilitate vaccine readiness,
distribution, delivery, monitoring, and administration
activities;
(F) describe how the United States Government will ensure
the efficient delivery and administration of COVID-19
vaccines to United States citizens residing overseas,
including through the donation of vaccine doses to United
States embassies and consulates, as appropriate, giving
priority to--
(i) countries in which United States citizens are deemed
ineligible or low priority in the national vaccination
deployment plan; and
(ii) countries that are not presently distributing a COVID-
19 vaccine that--
(I) has been licensed or authorized for emergency use by
the Food and Drug Administration; or
(II) has met the necessary criteria for safety and efficacy
established by the World Health Organization;
(G) summarize the United States Government's efforts to
encourage and facilitate technology sharing and the licensing
of intellectual property, to the extent necessary, to support
the adequate and timely supply of vaccines and vaccine
components to meet the vaccination goals specified in
subsection (a)(6), giving due consideration to avoiding
undermining intellectual property innovation and intellectual
property rights or protections with respect to vaccine
development in performing the assessment required under this
subparagraph;
(H) describe the roles, responsibilities, tasks, and, as
appropriate, the authorities of the Secretary of State, the
USAID Administrator, the Secretary of Health and Human
Services, the Director of the Centers for Disease Control and
Prevention, the Chief Executive Officer of the United States
International Development Finance Corporation, and the heads
of other relevant Federal departments and agencies with
respect to the implementation of such strategy;
(I) describe how the Department of State and USAID will
coordinate with the Secretary of Health and Human Services
and the heads of other relevant Federal agencies to expedite
the export and distribution of excess federally purchased
vaccines to support countries in need and ensure such
vaccines will not be wasted;
(J) summarize the United States public diplomacy strategies
for branding and addressing vaccine misinformation and
hesitancy within partner countries; and
(K) describe efforts that the United States is making to
help countries disrupt the current transmission of COVID-19,
while simultaneously increasing vaccination rates, utilizing
medical products and medical supplies.
(2) Submission of strategy.--Not later than 90 days after
the date of the enactment of this Act, the President shall
submit the strategy described in paragraph (1) to--
(A) the appropriate congressional committees;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(C) the Committee on Energy and Commerce of the House of
Representatives.
(3) Limitation.--
(A) In general.--No Federal funds may be made available to
COVAX to procure vaccines produced by any companies owned or
controlled by the Government of the People's Republic of
China or by the Chinese Communist Party unless the Secretary
of State certifies that the People's Republic of China--
(i) is providing financial support to COVAX that is
commensurate with the United States' contribution to COVAX;
and
(ii) publically discloses transparent data on the quality,
safety, and efficacy of its COVID-19 vaccines.
(B) Safeguards.--The President shall ensure that
appropriate safeguards are put in place to ensure that the
condition described in subparagraph (A) is honored by Gavi,
the Vaccine Alliance.
(e) Leveraging United States Bilateral Global Health
Programs for the International COVID-19 Response.--
(1) Authorization for leveraging bilateral program
activities.--Amounts authorized to be appropriated or
otherwise made available to carry out section 104 of the
Foreign Assistance Act (22 U.S.C. 2151b) may be used in
countries receiving United States foreign assistance--
(A) to combat the COVID-19 pandemic, including through the
sharing of COVID-19 vaccines; and
(B) to support related activities, including--
(i) strengthening vaccine readiness;
(ii) reducing vaccine hesitancy and misinformation;
(iii) delivering and administering COVID-19 vaccines;
(iv) strengthening health systems and supply chains;
(v) supporting health care workforce planning, training,
and management;
(vi) enhancing transparency, quality, and reliability of
public health data;
(vii) increasing bidirectional testing, including screening
for symptomatic and asymptomatic cases; and
(viii) building laboratory capacity.
(2) Adjustment of targets and goals.--The Secretary of
State, in coordination with the heads of other relevant
Federal departments and agencies, shall submit an annual
report to the appropriate congressional committees that
identifies--
(A) any adjustments to original program targets and goals
that result from the use of funds for the purposes authorized
under paragraph (1); and
(B) the amounts needed in the following fiscal year to meet
the original program goals, as necessary and appropriate.
(f) Report on Humanitarian Response to the COVID-19
Pandemic.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the USAID Administrator and the Secretary
of Health and Human Services, shall submit a report to the
appropriate congressional committees that--
(A) assesses the global humanitarian response to COVID-19;
and
(B) outlines specific elements of the United States
Government's country-level humanitarian response to the
COVID-19 pandemic.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) for countries receiving United States assistance, a
description of humanitarian and health-worker access to
crisis-affected areas, including--
(i) legal and bureaucratic restrictions on the entry of
humanitarian workers from abroad, to include visa
authorizations that do not allow adequate time for
humanitarian workers to quarantine upon arrival in-line with
host country regulations, conduct needs assessments, and
subsequently implement multilateral and United States-funded
programming in an efficient, effective, and unrestricted
manner;
(ii) restrictions on travel by humanitarian workers within
such country to reach the areas of operation where vulnerable
and marginalized populations reside;
(iii) access to medical evacuation in the event of a health
emergency;
(iv) access to personal protective equipment for United
States Government implementing partners; and
(v) efforts to support access to COVID-19 vaccines for
humanitarian and health-workers and crisis-affected
communities;
(B) an analysis and description of countries (regardless of
whether such countries have received direct United States
assistance) that have expressly prevented vulnerable
populations from accessing necessary assistance related to
COVID-19, including--
(i) the omission of vulnerable populations from national
response plans;
(ii) laws, policies, or practices that restrict or preclude
treatment of vulnerable populations at public hospitals and
health facilities; and
(iii) exclusion of, or discrimination against, vulnerable
populations in law, policy, or practice that prevents
equitable access to food, shelter, and other basic
assistance;
(C) a description of United States Government efforts to
facilitate greater humanitarian access, including--
(i) advocacy and diplomatic efforts with relevant foreign
governments and multilateral institutions to ensure that
vulnerable and marginalized populations are included in
national response plans and other relevant plans developed in
response to the COVID-19 pandemic; and
(ii) advocacy and diplomatic efforts with relevant foreign
governments to ensure that appropriate visas, work permits,
and domestic travel exemptions are issued for humanitarian
and health workers responding to the COVID-19 pandemic; and
(D) a description of United States Government plans and
efforts to address the second-order impacts of the COVID-19
pandemic and an assessment of the resources required to
implement such plans, including efforts to address--
(i) famine and acute food insecurity;
(ii) gender-based violence;
(iii) mental health and psychosocial support needs;
(iv) child protection needs;
(v) health, education, and livelihoods;
(vi) shelter; and
(vii) attempts to close civil society space, including
through bureaucratic, administrative, and health or security
related impediments.
(g) Safeguarding Democracy and Human Rights During the
COVID-19 Pandemic.--
(1) Sense of congress.--It is the sense of Congress that--
[[Page S7906]]
(A) governments may be required to take appropriate
extraordinary measures during public health emergencies to
halt the spread of disease, including closing businesses and
public events, limiting access to public spaces, and
restricting the movement of people;
(B) certain foreign governments have taken measures in
response to COVID-19 that violate the human rights of their
citizens without clear public health justification, oversight
measures, or sunset provisions;
(C) governments using the COVID-19 pandemic as a pretext
for repression have undermined democratic institutions,
debilitated institutions for transparency and public
integrity, quashed legitimate dissent, and attacked
journalists, civil society organizations, activists,
independent voices, and vulnerable and marginalized
populations, including refugees and migrants, with far-
reaching consequences that will extend beyond the current
crisis;
(D) foreign governments should take immediate steps to
release from prison all arbitrarily detained United States
citizens and political prisoners who may be at increased risk
for contracting or suffering from complications from COVID-
19;
(E) COVID-19 threatens to roll back decades of progress for
women and girls, disproportionately affecting women
economically, educationally, and with respect to health,
while also leading to alarming rises in gender based
violence; and
(F) during and after the pandemic, the Department of State
and USAID should directly, and through nongovernmental
organizations or international organizations, provide
assistance and implement programs that support democratic
institutions, civil society, free media, and the advancement
of internationally recognized human rights.
(2) Funding for civil society and human rights defenders.--
(A) Program priorities.--Amounts made available for each of
the fiscal years 2022 through 2026 to carry out the purposes
of sections 101 and 102 of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 and 2151-1), including programs to support
democratic institutions, human rights defenders, civil
society, and freedom of the press, should be targeted, to the
extent feasible, toward civil society organizations in
countries in which emergency government measures taken in
response to the COVID-19 pandemic have violated
internationally recognized human rights.
(B) Eligible organizations.--Civil society organizations
operating in countries in which emergency government measures
taken in response to the COVID-19 pandemic violated
internationally recognized human rights shall be eligible to
receive funds made available to carry out the purposes of
sections 101 and 102 of the Foreign Assistance Act of 1961
for each of the fiscal years 2022 through 2026, for--
(i) programs designed to strengthen and support civil
society, human rights defenders, freedom of association, and
the freedom of the press;
(ii) programs to restore democratic institutions; and
(iii) peacebuilding and conflict prevention to address the
impacts of COVID-19 on social cohesion, public trust, and
conflict dynamics by adapting existing programs or investing
in new ones.
(C) Final report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
that--
(i) lists the countries whose emergency measures limiting
internationally recognized human rights in a manner
inconsistent with the principles of limitation and derogation
remain in place;
(ii) describes such countries' emergency measures,
including--
(I) how such procedures violate internationally recognized
human rights; and
(II) an analysis of the impact of such measures on access
to health and efforts to control the COVID-19 pandemic within
the country;
(iii) describes--
(I) security and intelligence surveillance measures
implemented by countries during the COVID-19 pandemic;
(II) the extent to which such measures have been, or have
not been, rolled back; and
(III) whether and how such measures impact internationally
recognized human rights; and
(iv) includes a strategic plan by the Department of State
and USAID that addresses, through multilateral and bilateral
diplomacy and foreign assistance, the persistent issues
related to the restriction of internationally recognized
human rights in the COVID-19 response.
(h) Public Diplomacy and Combating Disinformation and
Misinformation About COVID-19.--
(1) United states agency for global media.--
(A) Finding.--Congress finds that the United States Agency
for Global Media (referred to in this subsection as
``USAGM'') broadcasting entities and grantees have proven
valuable in providing timely and accurate information,
particularly in countries in which the free press is under
threat.
(B) Sense of congress.--It is the sense of Congress that--
(i) accurate, investigative, and scientific journalism is
critical for societies to effectively combat global health
threats; and
(ii) Congress supports--
(I) accurate and objective investigative and scientific
reporting by USAGM networks and grantees regarding COVID-19;
and
(II) platforms that help dispel and combat misinformation
about the COVID-19 pandemic.
(C) Voice of america.--It is the sense of Congress that
amounts authorized to be appropriated or otherwise made
available to Voice of America should be used--
(i) to expand programs such as POLYGRAPH.info;
(ii) to provide critical tools for combating propaganda
associated with COVID-19; and
(iii) to assist journalists in providing accurate
information to local media outlets.
(D) Office of cuba broadcasting.--It is the sense of
Congress that Radio Television Marti and Digital Marti should
continue to broadcast programs that detect, highlight, and
dispel disinformation.
(E) Radio free europe/radio liberty.--
(i) Finding.--Congress finds that Radio Free Europe/Radio
Liberty (referred to in this section as ``RFE/RL'') operate
in media markets in which authoritarian state and nonstate
actors, including Russia, heavily invest in misinformation
and disinformation campaigns designed to promote confusion
and mistrust.
(ii) Sense of congress.--It is the sense of Congress that
RFE/RL should--
(I) increase investigative reporting regarding the impacts
of COVID-19, the political and social responses governments
are taking in response to COVID-19, and the lasting impacts
such actions will have on key political freedoms; and
(II) expand its ``digital first'' strategy.
(F) Radio free asia.--
(i) Finding.--Congress finds that Radio Free Asia (RFA)
operates in a media market dominated by powerful state-run
media that have invested heavily in media distortion and
disinformation, including about COVID-19.
(ii) Sense of congress.--It is the sense of Congress that
RFA should--
(I) commission technical experts to bolster efforts to
counter social media tools, including bots used by some
countries to promote misinformation;
(II) expand digital programming and local coverage to
expose China's media manipulation techniques; and
(III) increase English language content to help counter
China's propaganda directed toward English-speaking
audiences.
(G) Middle east broadcasting networks.--
(i) Finding.--Congress finds that the Middle East
Broadcasting Networks operate largely in closed media markets
in which malign state and nonstate actors remain active.
(ii) Sense of congress.--It is the sense of Congress that
the Middle East Broadcasting Networks should--
(I) continue plans to expand an investigative news unit;
and
(II) work to ensure that reporting continues amidst
operational challenges on the ground.
(H) Open technology fund.--
(i) Finding.--Congress finds that the Open Technology Fund
works to advance internet freedom in repressive environments
by supporting technologies that--
(I) provide secure and uncensored access to USAGM's content
and the broader internet; and
(II) counter attempts by authoritarian governments to
control the internet and restrict freedom online.
(ii) Sense of congress.--It is the sense of Congress that
the Open Technology Fund should--
(I) support a broad range of technologies to respond to
increasingly aggressive and sophisticated censorship and
surveillance threats and provide more comprehensive and
tailored support to USAGM's networks; and
(II) provide direct assistance to USAGM's networks to
improve the digital security of reporting operations and
journalists.
(2) Department of state public diplomacy programs.--
(A) Findings.--Congress finds the following:
(i) The Department of State's public diplomacy programs
build global networks that can address shared challenges,
such as the COVID-19 pandemic, including through exchanges of
researchers, public health experts, and scientists.
(ii) The programs referred to in clause (i) play a critical
role in creating open and resilient information environments
where democracies can thrive, as articulated in the 2020
Public Diplomacy Strategic Plan, including by--
(I) improving media quality with journalist training and
reporting tours;
(II) conducting media literacy programs; and
(III) supporting media access activities.
(iii) The International Visitor Leadership Program and
Digital Communications Network engaged journalists around the
world to combat COVID-19 disinformation, promote unbiased
reporting, and strengthen media literacy.
(iv) More than 12,000 physicians holding J-1 visas from 130
countries--
(I) are engaged in residency or fellowship training at
approximately 750 hospitals throughout the United States, the
majority of whom are serving in States that have been the
hardest hit by COVID-19; and
(II) throughout the pandemic, have served on the front
lines of the medical workforce
[[Page S7907]]
and in United States university laboratories researching ways
to detect and treat the virus.
(B) Visa processing briefing.--Not later than 30 days after
the date of the enactment of this Act, the Assistant
Secretary for Consular Affairs shall brief the appropriate
congressional committees by providing--
(i) a timeline for increasing visa processing capacities at
embassies around the world, notably where there are--
(I) many American citizens, including dual nationals; and
(II) many visa applicants for educational and cultural
exchange programs that promote United States foreign policy
objectives and economic stability to small businesses,
universities, and communities across the United States;
(ii) a detailed plan for using existing authorities to
waive or provide other alternatives to in-person appointments
and interviews;
(iii) an assessment of whether additional authorities and
resources are required for the use of videoconference
appointments and interviews as an alternative to in-person
appointments and interviews; and
(iv) a detailed plan for using existing authorities to
rapidly cross-train and surge temporary personnel to support
consular services at embassies and consulates of the United
States around the world, and an assessment of whether
additional authorities and resources are required.
(C) Global engagement center.--
(i) Finding.--Congress finds that since the beginning of
the COVID-19 pandemic, publications, websites, and platforms
associated with China, Russia, and Iran have sponsored
disinformation campaigns related to the COVID-19 pandemic,
including falsely blaming the United States for the disease.
(ii) Sense of congress.--It is the sense of Congress that
the Global Engagement Center should continue its efforts to
expose and counter state and non-state-sponsored
disinformation related to COVID-19, the origins of COVID-19,
and COVID-19 vaccinations.
(i) Findings and Sense of Congress Regarding the United
States International Development Finance Corporation.--
(1) Findings.--Congress finds the following:
(A) The COVID-19 pandemic is causing a global economic
recession, as evidenced by the global economic indicators
described in subparagraphs (B) through (D).
(B) The United Nations Conference on Trade and Development
determined that the COVID-19 pandemic pushed the global
economy into recession in 2020 on a scale that has not been
witnessed since the 1930s.
(C) Developed countries are expected to experience a
relatively more significant rebound in gross domestic product
growth during 2021 than is expected to be experienced in
developing countries, leading to concerns about a further
expansion in the gap between rich and poor countries,
particularly if this trend continues into 2022.
(D) Global markets have suffered losses ranging between 5
percent and over 10 percent since the beginning of the
pandemic. While markets are recovering in 2021, global job
losses and unemployment rates remain high, with--
(i) approximately 33,000,000 labor hours lost globally (13
per cent of the total hours lost) due to outright
unemployment; and
(ii) an estimated additional 81,000,000 labor hours lost
due to inactivity or underemployment.
(E) Given the prolonged nature of the COVID-19 pandemic,
African finance ministers have requested continued efforts to
provide--
(i) additional liquidity;
(ii) better market access;
(iii) more concessional resources; and
(iv) an extension in the Debt Service Suspension Initiative
established by the Group of 20.
(2) Sense of congress.--It is the sense of Congress that--
(A) even when markets begin to recover in the future, it is
likely that access to capital will be especially challenging
for developing countries, which still will be struggling with
the containment of, and recovery from, the COVID-19 pandemic;
(B) economic uncertainty and the inability of individuals
and households to generate income are major drivers of
political instability and social discord, which create
conditions for insecurity;
(C) it is in the security and economic interests of the
United States to assist in the economic recovery of
developing countries that are made more vulnerable and
unstable from the public health and economic impacts of the
COVID-19 pandemic;
(D) United States foreign assistance and development
finance institutions should seek to blunt the impacts of a
COVID-19 related economic recession by supporting investments
in sectors critical to maintaining economic stability and
resilience in low and middle income countries;
(E) the need for the United States International
Development Finance Corporation's support for advancing
development outcomes in less developed countries, as mandated
by the Better Utilization of Investments Leading to
Development Act of 2018 (22 U.S.C. 9601 et seq.), is critical
to ensuring lasting and resilient economic growth in light of
the COVID-19 pandemic's exacerbation of economic hardships
and challenges;
(F) The United States International Development Finance
Corporation should adjust its view of risk versus return by
taking smart risks that may produce a lower rate of financial
return, but produce significant development outcomes in
responding to the economic effects of COVID-19;
(G) to mitigate the economic impacts of the COVID-19
recession, the United States International Development
Finance Corporation should use its resources and authorities,
among other things--
(i) to ensure loan support for small- and medium-sized
enterprises;
(ii) to offer local currency loans to borrowers for working
capital needs;
(iii) to create dedicated financing opportunities for new
``customers'' that are experiencing financial hardship due to
the COVID-19 pandemic; and
(iv) to work with other development finance institutions to
create co-financing facilities to support customers
experiencing hardship due to the COVID-19 pandemic.
(j) Sense of Congress Regarding International Cooperation
to Prevent and Respond to Future Pandemics.--It is the sense
of Congress that--
(1) global pandemic preparedness and response requires
international and regional cooperation and action;
(2) the United States should lead efforts in multilateral
fora, such as the Group of 7, the Group of 20, and the United
Nations, by collaborating and cooperating with other
countries and international and regional organizations,
including the World Health Organization and other key
stakeholders, to implement international strategies, tools,
and agreements to better prevent, detect, and respond to
future infectious disease threats before they become
pandemics; and
(3) the United States should enhance and expand
coordination and collaboration among the relevant Federal
departments and agencies, the Food and Agriculture
Organization of the United Nations, the World Health
Organization, and the World Organization for Animal Health,
to advance a One Health approach toward preventing,
detecting, and responding to zoonotic threats in the human-
animal interface.
(k) Roles of the Department of State, the United States
Agency for International Development, and the Department of
Health and Human Services in International Pandemic
Response.--
(1) Designation of lead agencies for coordination of the
united states' international response to infectious disease
outbreaks with severe or pandemic potential.--The President
shall designate relevant Federal departments and agencies,
including the Department of State, USAID, and the Department
of Health and Human Services (including the Centers for
Disease Control and Prevention), to lead specific aspects of
the United States' international response to outbreaks of
emerging high-consequence infectious disease threats.
(2) Notification.--Not later than 120 days after the date
of the enactment of this Act, the President shall notify the
appropriate congressional committees, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives of the designations made pursuant to
paragraph (1), including detailed descriptions of the roles
and responsibilities of each relevant department and agency.
(l) USAID Disaster Surge Capacity.--
(1) Surge capacity.--Amounts authorized to be appropriated
or otherwise made available to carry out part I and chapter 4
of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.), including funds made available for
``Assistance for Europe, Eurasia and Central Asia'', may be
used, in addition to amounts otherwise made available for
such purposes, for the cost (including support costs) of
individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to global
health emergencies and natural or man-made disasters.
(2) Notification.--Not later than 15 days before making
funds available to address man-made disasters pursuant to
paragraph (1), the Secretary of State or the USAID
Administrator shall notify the appropriate congressional
committees of such action.
(m) Statement of Policy on Humanitarian Assistance to
Countries Affected by Pandemics.--
(1) Statement of policy.--It shall be the policy of the
United States--
(A) to ensure that United States assistance to address
pandemics, including the provision of vaccines, reaches
vulnerable and marginalized populations, including racial and
religious minorities, refugees, internally displaced persons,
migrants, stateless persons, women, children, the elderly,
and persons with disabilities;
(B) to ensure that United States assistance, including
development finance, addresses the second order effects of a
pandemic, including acute food insecurity; and
(C) to protect and support humanitarian actors who are
essential workers in preventing, mitigating and responding to
the spread of a pandemic among vulnerable and marginalized
groups described in subparagraph (A), including ensuring that
such humanitarian actors--
(i) are exempted from unreasonable travel restrictions to
ensure that they can effectively provide life-saving
assistance; and
(ii) are prioritized as frontline workers in country
vaccine distribution plans.
(2) Facilitating effective and safe humanitarian
assistance.--The Secretary of State, in coordination with the
USAID Administrator, should carry out actions that
[[Page S7908]]
accomplish the policies set forth in paragraph (1), including
by--
(A) taking steps to ensure that travel restrictions
implemented to help contain the spread of a pandemic are not
applied to individuals authorized by the United States
Government to travel to, or reside in, a designated country
to provide assistance related to, or otherwise impacted by,
an outbreak;
(B) approving the use of foreign assistance for the
procurement of personal protective equipment by United States
Government implementing partners from businesses within or
nearby the country receiving foreign assistance on an urgent
basis and in a manner consistent with efforts to respond to
the spread of a pandemic in the United States; and
(C) waiving certain travel restrictions implemented to help
contain the spread of a pandemic in order to facilitate the
medical evacuation of United States Government implementing
partners, regardless of nationality.
SEC. 1295. INTERNATIONAL PANDEMIC PREVENTION AND
PREPAREDNESS.
(a) Partner Country Defined.--In this section, the term
``partner country'' means a foreign country in which the
relevant Federal departments and agencies are implementing
United States assistance for global health security and
pandemic prevention and preparedness under this subtitle.
(b) United States Global Health Security and Diplomacy
Strategy and Report.--
(1) In general.--The President shall develop, update,
maintain, and advance a comprehensive strategy for improving
global health security and pandemic prevention, preparedness,
and response that--
(A) clearly articulates the policy goals related to
pandemic prevention, preparedness, and response, and actions
necessary to elevate and strengthen United States diplomatic
leadership in global health security and pandemic
preparedness, including by building the expertise of the
diplomatic corps;
(B) improves the effectiveness of United States foreign
assistance to prevent, detect, and respond to infectious
disease threats, including through the advancement of a One
Health approach, the Global Health Security Agenda, the
International Health Regulations (2005), and other relevant
frameworks and programs that contribute to global health
security and pandemic preparedness;
(C) establishes specific and measurable goals, benchmarks,
timetables, performance metrics, and monitoring and
evaluation plans for United States foreign policy and
assistance for global health security that promote learning
and adaptation and reflect international best practices
relating to global health security, transparency, and
accountability;
(D) establishes transparent means to improve coordination
and performance by the relevant Federal departments and
agencies and sets out clear roles and responsibilities that
reflect the unique capabilities and resources of each such
department and agency;
(E) establishes mechanisms to improve coordination and
avoid duplication of effort among the relevant Federal
departments and agencies, partner countries, donor countries,
the private sector, multilateral organizations, and other key
stakeholders, and ensures collaboration at the country level;
(F) supports, and is aligned with, partner country-led,
global health security policy and investment plans, developed
with input from key stakeholders, as appropriate;
(G) prioritizes working with partner countries with--
(i) demonstrated need, as identified through the Joint
External Evaluation process, the Global Health Security Index
classification of health systems, national action plans for
health security, the Global Health Security Agenda, other
risk-based assessments, and other complementary or successor
indicators of global health security and pandemic
preparedness; and
(ii) demonstrated commitment to transparency, including
budget and global health data transparency, complying with
the International Health Regulations (2005), investing in
domestic health systems, and achieving measurable results;
(H) reduces long-term reliance upon United States foreign
assistance for global health security by--
(i) helping build and enhance community resilience to
infectious disease emergencies and threats, such as COVID-19
and Ebola;
(ii) ensuring that United States global health assistance
is strategically planned and coordinated in a manner that
contributes to the strengthening of overall health systems
and builds the capacity of local organizations and
institutions;
(iii) promoting improved domestic resource mobilization,
co-financing, and appropriate national budget allocations for
strong public health systems, global health security, and
pandemic preparedness and response in partner countries; and
(iv) ensuring partner country ownership of global health
security strategies, data, programs, and outcomes;
(I) supports health budget and workforce planning in
partner countries, including training in public financial
management and budget data transparency;
(J) works to ensure that--
(i) partner countries have national action plans for health
security that are developed with input from key stakeholders,
including communities and the private sector;
(ii) United States foreign assistance for global health
security is aligned with such national action plans for
health security in partner countries, developed with input
from key stakeholders, including communities and the private
sector, to the greatest extent practicable and appropriate;
and
(iii) United States global health security efforts are
aligned with ongoing strategies and initiatives across
government agencies to help nations better identify and
prevent health impacts related to deforestation, climate-
related events, and increased unsafe interactions between
wildlife, livestock, and people, including the emergence,
reemergence, and spread of zoonoses;
(K) strengthens linkages between complementary bilateral
and multilateral foreign assistance programs, including
efforts of the World Bank, the World Health Organization, the
Global Fund to Fight AIDS, Tuberculosis, and Malaria, Gavi,
the Vaccine Alliance, and regional health organizations, that
contribute to the development of more resilient health
systems and supply chains in partner countries with the
capacity, resources, and personnel required to prevent,
detect, and respond to infectious disease threats; and
(L) supports innovation and partnerships with the private
sector, health organizations, civil society, nongovernmental
organizations, and health research and academic institutions
to improve pandemic preparedness and response, including for
the prevention and detection of infectious disease, and the
development and deployment of effective and accessible
infectious disease tracking tools, diagnostics, therapeutics,
and vaccines.
(2) Submission of strategy.--Not later than 120 days after
the date of the enactment of this Act, the President shall
submit the strategy required under paragraph (1) to the
appropriate congressional committees, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives.
(3) Annual report.--
(A) In general.--Not later than 1 year after the submission
of the strategy to the congressional committees referred to
in paragraph (2), and not later than October 1 of each year
thereafter for the following 4 fiscal years, the President
shall submit a report to such congressional committees that
describes--
(i) the status of the implementation of the strategy
required under paragraph (1);
(ii) any necessary updates to the strategy;
(iii) the progress made in implementing the strategy, with
specific information related to the progress toward improving
countries' ability to detect, respond and prevent the spread
of infectious disease threats, such as COVID-19 and Ebola;
and
(iv) details on the status of funds made available to carry
out the purposes of this section.
(B) Agency-specific plans.--The reports required under
subparagraph (A) shall include specific implementation plans
from each relevant Federal department and agency that
describe--
(i) how updates to the strategy may have impacted the
agency's plan during the preceding calendar year;
(ii) the progress made in meeting the goals, objectives,
and benchmarks under implementation plans during the
preceding year;
(iii) the anticipated staffing plans and contributions of
the department or agency, including technical, financial, and
in-kind contributions, to implement the strategy;
(iv) a transparent, open, and detailed accounting of
obligations by each of the relevant Federal departments and
agencies to implement the strategy, including--
(I) the statutory source of obligated funds;
(II) the amounts obligated;
(III) implementing partners;
(IV) targeted beneficiaries; and
(V) activities supported;
(v) the efforts of the relevant Federal department or
agency to ensure that the activities and programs carried out
pursuant to the strategy are designed to achieve maximum
impact and enduring returns, including through specific
activities to strengthen health systems, as appropriate; and
(vi) a plan for regularly reviewing and updating programs
and partnerships, and for sharing lessons learned with a wide
range of stakeholders in an open, transparent manner.
(C) Form.--The reports required under subparagraph (A)
shall be submitted in unclassified form, but may contain a
classified annex.
(c) Committee on Global Health Security and Pandemic and
Biological Threats.--
(1) Statement of policy.--It shall be the policy of the
United States--
(A) to promote global health security as a core national
security interest; and
(B) to ensure effective coordination and collaboration
between the relevant Federal departments and agencies engaged
in efforts to advance the global health security of the
United States.
(2) Coordination.--
(A) Establishment of committee.--There is authorized to be
established, within the National Security Council, the
Committee on Global Health Security and Pandemic and
Biological Threats (referred to in this subsection as the
``Committee''), whose day-to-day operations should be led by
the Special Advisor for Global Health Security.
[[Page S7909]]
(B) Special advisor for global health security.--The
Special Advisor for Global Health Security--
(i) should serve on the staff of the National Security
Council; and
(ii) may also be the Senior Director for the Global Health
Security and Biodefense Directorate within the Executive
Office of the President, who reports to the Assistant to the
President for National Security Affairs.
(C) Functions.--
(i) In general.--The functions of the Committee should be--
(I) to provide strategic guidance for the development of a
policy framework for United States Government activities
relating to global health security, including pandemic
prevention, preparedness and response; and
(II) to ensure policy coordination between United States
Government agencies.
(ii) Activities.--In carrying out the functions described
in clause (i), the Committee should--
(I) conduct, in coordination with the heads of relevant
Federal departments and agencies, a review of existing United
States global health security policies and strategies;
(II) develop recommendations for how the Federal Government
may regularly update and harmonize the policies and
strategies referred to in subclause (I) to enable the United
States Government to respond to pandemic threats and to
monitor the implementation of such strategies;
(III) develop a plan for modernizing global early warning
and trigger systems for scaling action to prevent, detect,
respond to, and recover from emerging biological threats;
(IV) provide policy-level recommendations regarding the
Global Health Security Agenda goals, objectives, and
implementation, and other international efforts to strengthen
pandemic prevention, preparedness and response;
(V) review the progress toward, and working to resolve
challenges in, achieving United States commitments under the
Global Health Security Agenda;
(VI) develop protocols for coordinating and deploying a
global response to emerging high-consequence infectious
disease threats that outline the respective roles for
relevant Federal agencies in facilitating and supporting such
response operations that should facilitate the operational
work of Federal agencies and of the Special Advisor for
Global Health Security;
(VII) make recommendations regarding appropriate responses
to specific pandemic threats and ensure the coordination of
domestic and international agencies regarding the Federal
Government's efforts to prevent, detect, respond to, and
recover from biological events;
(VIII) take steps to strengthen the global pandemic supply
chain and address any barriers to the timely delivery of
supplies in response to a pandemic, including through
engagement with the private sector, as appropriate;
(IX) develop recommendations to ensure the effective
sharing of information from domestic and international
sources about pandemic threats among the relevant Federal
departments and agencies, State and local governments, and
international partners and organizations; and
(X) develop guidelines to enhance and improve the
operational coordination between State and local governments
and Federal agencies with respect to pandemic threats.
(D) Responsibilities of departments and agencies.--The
Committee and the Special Advisor for Global Health Security
shall not assume any responsibilities or authorities of the
head of any Federal department, agency, or office, including
the foreign affairs responsibilities and authorities of the
Secretary of State to oversee the implementation of programs
and policies that advance global health security within
foreign countries.
(E) Specific roles and responsibilities.--
(i) In general.--The heads of the relevant Federal
departments and agencies should--
(I) make global health security and pandemic threat
reduction a high priority within their respective departments
and agencies, and include global health security and pandemic
threat reduction-related activities within their respective
agencies' strategic planning and budget processes;
(II) designate a senior-level official to be responsible
for global health security and pandemic threat reduction at
each of their respective departments and agencies;
(III) designate an appropriate representative at the
Assistant Secretary level or higher to participate on the
Committee whenever the head of the department or agency
cannot participate;
(IV) keep the Committee apprised of Global Health Security
and pandemic threat reduction-related activities undertaken
within their respective departments and agencies;
(V) ensure interagency cooperation and collaboration and
maintain responsibility for agency-related programmatic
functions including, as applicable, in coordination with
partner governments, country teams, and global health
security in-country teams; and
(VI) keep the Committee apprised of GHSA-related activities
undertaken within their respective agencies.
(ii) Additional roles and responsibilities.--In addition to
the roles and responsibilities described in clause (i), the
heads of the relevant Federal departments and agencies should
carry out their respective roles and responsibilities
described in--
(I) Executive Order 13747 (81 Fed. Reg. 78701; relating to
Advancing the Global Health Security Agenda to Achieve a
World Safe and Secure from Infectious Disease Threats); and
(II) the National Security Memorandum-1 on United States
Global Leadership to Strengthen the International COVID-19
Response and to Advance Global Health Security and Biological
Preparedness, as in effect on the day before the date of the
enactment of this Act.
(d) United States Overseas Global Health Security and
Diplomacy Coordination.--
(1) Establishment.--There is established, within the
Department of State, a Special Representative for United
States International Activities to Advance Global Health
Security and Diplomacy Overseas (referred to in this
subsection as the ``Special Representative'').
(2) Appointment; qualifications.--The Special
Representative--
(A) shall be appointed by the President, by and with the
advice and consent of the Senate;
(B) shall report to the Secretary of State; and
(C) shall have--
(i) demonstrated knowledge and experience in the fields of
development and public health, epidemiology, or medicine; and
(ii) relevant diplomatic, policy, and political expertise.
(3) Authorities.--The Special Representative is
authorized--
(A) to operate internationally to carry out the purposes of
this section;
(B) to lead in developing a global pandemic prevention,
preparedness and response framework to support global
pandemic prevention, preparedness, responses and recovery
efforts, including through--
(i) diplomatic engagement and related foreign policy
efforts, such as multilateral and bilateral arrangements,
enhanced coordination of engagement with multilateral
organizations and countries, and the mobilization of donor
contributions; and
(ii) support for United States citizens living abroad,
including consular support;
(C) to serve as the representative of the Department of
State on the Committee on Global Health Security and Pandemic
and Biological Threats authorized to be established under
subsection (b)(2)(B);
(D) to represent the United States in the multilateral,
catalytic financing mechanism described in section
1296(b)(1);
(E) to transfer and allocate United States foreign
assistance funding authorized to be appropriated pursuant to
paragraph (6) to the relevant Federal departments and
agencies implementing the strategy required under subsection
(b), in coordination with the Office of Management and Budget
and USAID;
(F) to utilize detailees, on a reimbursable or
nonreimbursable basis, from the relevant Federal departments
and agencies and hire personal service contractors, who may
operate domestically and internationally, to ensure that the
Office of the Special Representative has access to the
highest quality experts available to the United States
Government to carry out the functions under this subtitle;
and
(G) to perform such other functions as the Secretary of
State may assign.
(4) Duties.--The Special Representative shall coordinate,
manage, and oversee United States foreign policy, diplomatic
efforts, and foreign assistance funded with amounts
appropriated pursuant to paragraph (6) to advance the
relevant elements of the United States Global Health Security
and Diplomacy Strategy developed pursuant to subsection (b),
including by--
(A) developing and coordinating a global pandemic
prevention, preparedness and response framework consistent
with paragraph (3)(B);
(B) enhancing engagement with multilateral organizations
and partner countries, including through the mobilization of
donor support;
(C) enhancing coordination of consular services for United
States citizens abroad in the event of a global health
emergency;
(D) ensuring effective program coordination and
implementation of international activities, by the relevant
Federal departments and agencies by--
(i) formulating, issuing, and updating related policy
guidance;
(ii) establishing, in consultation with USAID and the
Department of Health and Human Services, unified auditing,
monitoring, and evaluation plans;
(iii) aligning, in coordination with United States chiefs
of mission and country teams in partner countries--
(I) the foreign assistance resources funded with amounts
appropriated pursuant to paragraph (6); and
(II) international activities described in the
implementation plans required under subsection (b)(3)(B) with
the relevant Federal departments and agencies in a manner
that--
(aa) is consistent with Executive Order 13747 (81 Fed. Reg.
78701; relating to Advancing the Global Health Security
Agenda to Achieve a World Safe and Secure from Infectious
Disease Threats);
(bb) is consistent with the National Security Memorandum on
United States Global Leadership to Strengthen the
International COVID-19 Response and to Advance Global
[[Page S7910]]
Health Security and Biological Preparedness, issued by
President Biden on January 21, 2021; and
(cc) reflects and leverages the unique capabilities of each
such department and agency;
(iv) convening, as appropriate, an interagency working
group on international pandemic prevention and preparedness,
headed by the Special Representative and including
representatives from the relevant Federal departments and
agencies, to facilitate coordination of activities relating
to pandemic prevention and preparedness in partner countries
under this subtitle;
(v) working with, and leveraging the expertise and
activities of, the Office of the United States Global AIDS
Coordinator, the Office of the United States Global Malaria
Coordinator, and similar or successor entities that are
implementing United States global health assistance overseas;
and
(vi) avoiding duplication of effort and working to resolve
policy, program, and funding disputes among the relevant
Federal departments and agencies;
(E) leading diplomatic efforts to identify and address
current and emerging threats to global health security;
(F) coordinating, in consultation with the Secretary of
Health and Human Services and the USAID Administrator,
effective representation of the United States in relevant
international forums, including at the World Health
Organization, the World Health Assembly, and meetings of the
Global Health Security Agenda and of the Global Health
Security Initiative;
(G) working to enhance coordination with, and transparency
among, the governments of partner countries and key
stakeholders, including the private sector;
(H) promoting greater donor and national investment in
partner countries to build more resilient health systems and
supply chains, including through representation and
participation in a multilateral, catalytic financing
mechanism for global health security and pandemic prevention
and preparedness, consistent with section 1296;
(I) securing bilateral and multilateral financing
commitments to advance the Global Health Security Agenda, in
coordination with the relevant Federal departments and
agencies, including through funding for the financing
mechanism described in section 1296; and
(J) providing regular updates to the appropriate
congressional committees, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee on
Energy and Commerce of the House of Representatives regarding
the fulfillment of the duties described in this subsection.
(5) Deputy representative.--The Special Representative
should be supported by a deputy, who--
(A) should be an employee of USAID serving in a career or
noncareer position in the Senior Executive Service or at the
level of a Deputy Assistant Administrator or higher;
(B) should have demonstrated knowledge and experience in
the fields of development and public health, epidemiology, or
medicine; and
(C) serves concurrently as the deputy and performs the
functions described in section 3(h) of Executive Order 13747
(81 Fed. Reg. 78701).
(6) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated
$5,000,000,000, for the 5-year period beginning on October 1,
2022, to carry out the purposes of this subsection and
section 1296, which, in consultation with the appropriate
congressional committees and subject to the requirements
under chapters 1 and 10 of part I and section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), may
include support for--
(i) enhancing preparedness in partner countries through
implementation of the Global Health Security Strategy
developed pursuant to subsection (b);
(ii) replenishing the Emergency Reserve Fund at USAID,
established pursuant to section 7058(c)(1) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31) to
address new or emerging infectious disease threats, as
necessary and appropriate;
(iii) United States contributions to the World Bank Health
Emergency Preparedness and Response Multi-Donor Fund; and
(iv) United States contributions to a multilateral,
catalytic financing mechanism for global health security and
pandemic prevention and preparedness described in section
1296(b).
(B) Exception.--Section 110 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107) shall not apply to
assistance made available pursuant to this subsection.
(e) Resilience.--It shall be the policy of the United
States to support the growth of healthier, more stable
societies, while advancing the global health security
interests of the United States by working with key
stakeholders--
(1) in developing countries that are highly vulnerable to
the emergence, reemergence, and spread of infectious diseases
with pandemic potential, including disease outbreaks
resulting from natural and manmade disasters, human
displacement, loss of natural habitat, poor access to water,
sanitation, and hygiene, and other political, security,
economic, and climatic shocks and stresses;
(2) to develop effective tools to identify, analyze,
forecast, and mitigate the risks that make such countries
vulnerable;
(3) to better integrate short-, medium-, and long-term
recovery efforts into global health emergency response and
disaster relief; and
(4) to ensure that international assistance and financing
tools are effectively designed, objectively informed,
strategically targeted, carefully coordinated, reasonably
adapted, and rigorously monitored and evaluated in a manner
that advances the policy objectives under this subsection.
(f) Strengthening Health Systems.--
(1) Statement of policy.--It shall be the policy of the
United States to ensure that bilateral global health
assistance programs are effectively managed and coordinated
to contribute to the strengthening of health systems in each
country in which such programs are carried out, as necessary
and appropriate for the purposes of achieving improved health
outcomes.
(2) Coordination.--The Administrator of USAID shall work
with the Global Malaria Coordinator and the United States
Global AIDS Coordinator and Special Representative for Global
Health Diplomacy at the Department of State, and, as
appropriate, the Secretary of Health and Human Services, to
identify areas of collaboration and coordination in countries
with global health programs and activities undertaken by
USAID pursuant to the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-
25) and other relevant statutes to ensure that such
activities contribute to health systems strengthening.
(3) Pilot program .--
(A) In general.--The Administrator of USAID should identify
not fewer than 5 countries in which the United States has
significant bilateral investments in global health to develop
an integrated approach toward health systems strengthening
that takes advantage of all sources of funding for global
health in such country, with the aim of establishing an
enduring model for coordinating health systems strengthening
activities, including improving pandemic preparedness in
additional countries in the future.
(B) Assessment.--In each of the countries selected under
subparagraph (A), USAID missions, in consultation with
USAID's Office of Health Systems, should conduct an
assessment that--
(i) takes a comprehensive view of the constraints in the
country's health system that prevent the achievement of
desired outcomes of United States Government-supported health
programs;
(ii) identifies the best opportunities for improving health
systems to achieve improved outcomes, including obstacles to
health service delivery;
(iii) maps the resources of the country and other donors in
the health sector with a focus on investment in health system
strengthening; and
(iv) develops, based on the results of the assessment
described in clause (i), and implements a new or revised 5-
year strategy for United States assistance to strengthen the
country's health system that--
(I) provides a framework for implementing such strategy;
(II) identifies key areas for investments to strengthen the
health system in alignment with other donors and achieve
health outcomes beyond a single sector;
(III) specifies the anticipated role of health programs
undertaken by each of the relevant Federal departments and
agencies operating in the country in implementing such
strategy;
(IV) includes clear goals, benchmarks, outputs, desired
outcomes, a means of measuring progress and a cost analysis;
and
(V) requires reporting by each Federal department and
agency regarding their participation and contribution,
including in the PEPFAR Annual Report to Congress.
(C) Strategies to strengthen health systems.--USAID
missions in countries identified pursuant subparagraph (A)
should develop a strategy to strengthen health systems based
on the assessment developed pursuant to subparagraph (B)
that--
(i) ensures complementarity with priorities identified
under any other action plan focused on strengthening a
country's health system, such as the World Health
Organization's Joint External Evaluation and National Action
Plans for Health Security;
(ii) identifies bureaucratic barriers and inefficiencies,
including poor linkages between government ministries and
between ministries and donor agencies and the extent of any
corruption, and identify actions to overcome such barriers;
(iii) identifies potential obstacles to the implementation
of the strategy, such as issues relating to lack of political
will, poor governance of an effective health system at all
levels of the country's public health systems, especially
with respect to governing bodies and councils at the
provincial, district, and community levels, and the exclusion
of women, minorities, other underserved groups, and frontline
health workers in decision making;
(iv) includes proposals for mobilizing sufficient and
durable financing for health systems;
(v) identifies barriers to building and retaining an
effective frontline health workforce with key global health
security capacities, informed by the International Health
Regulations (2005), including--
(I) strengthened data collection and analysis;
(II) data driven decision making capacity;
[[Page S7911]]
(III) recommendations for partner country actions to
achieve a workforce that conforms with the World Health
Organization's recommendation for at least 44.5 doctors,
nurses, and midwives and at least 15 paid, trained, equipped,
and professionally supervised community health workers for
every 10,000 people, while supporting proper distribution and
high-quality job performance; and
(IV) inclusion of the community health workforce in
planning for a resilient health system to ensure essential
service delivery and pandemic response;
(vi) identifies deficiencies in information systems and
communication technologies that prevent linkages at all
levels of the health system delivery and medical supply
systems and promotes interoperability across data systems
with near real-time data, while protecting data security;
(vii) identifies weaknesses in supply chain and procurement
systems and practices, and recommends ways to improve the
efficiency, transparency, and effectiveness of such systems
and practices;
(viii) identifies obstacles to health service access and
quality and improved health outcomes for women and girls, and
for the poorest and most vulnerable, including a lack of
social support and other underlying causes, and
recommendations for how to overcome such obstacles;
(ix) includes plans for integrating innovations in health
technologies, services, and systems;
(x) identifies barriers to health literacy, community
engagement, and patient empowerment, and recommendations for
overcoming such barriers;
(xi) includes proposals for strengthening community health
systems and the community-based health workforce informed by
the World Health Organization guideline on health policy and
system support to optimize community health worker programmes
(2018), including the professionalization of community health
workers;
(xii) describes the role of the private sector and
nongovernmental health providers, including community groups
engaged in health promotion and mutual assistance and other
institutions engaged in health delivery, including the extent
to which the local population utilizes such health services;
(xiii) facilitates rapid response during health
emergencies, such as last mile delivery of vaccines to
respond to and prevent the spread of infectious diseases with
epidemic and pandemic potential; and
(xiv) ensures that relevant USAID missions and bureaus are
appropriately staffed and resourced to carry out such
activities efficiently, effectively, and in-line with best
practices.
(D) Consultation and reporting requirements.--
(i) Consultation.--In developing a strategy pursuant to
subparagraph (C), each USAID mission should consult with a
wide variety of stakeholders, including--
(I) relevant partner government institutions;
(II) professional associations;
(III) patient groups;
(IV) civil society organizations (including international
nongovernmental organizations with relevant expertise in
program implementation); and
(V) the private sector.
(ii) Reporting.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of USAID and the
United States Global AIDS Coordinator shall submit a report
to the appropriate congressional committees detailing the
progress of the pilot program authorized under this
paragraph, including--
(I) progress made toward the integration and co-financing
of health systems strengthening activities by USAID and the
Office of the Global AIDS Coordinator; and
(II) the results of integrated efforts under this section,
including for cross-cutting efforts to strengthen local
health workforces.
(4) Technical capacity.--
(A) In general.--The Administrator of USAID shall ensure
that USAID is sufficiently resourced and staffed to ensure
performance, consistency, and adoption of best practices in
USAID's health systems programs, including the pilot program
authorized under paragraph (3).
(B) Resources.--The Administrator of USAID and the United
States Global AIDS Coordinator shall include detail in the
fiscal year 2023 Congressional Budget Justification regarding
health systems strengthening activities, including--
(i) the plans for, and the progress toward, reaching the
capacity described in subparagraph (A);
(ii) the requirements for sustaining such capacity,
including the resources needed by USAID; and
(iii) budget detail on the integration and joint funding of
health systems capacity building, as appropriate.
(5) International efforts.--The Secretary of State, in
coordination with the Administrator of USAID and, as
appropriate, the Secretary of Health and Human Services,
should work with the Global Fund to Fight AIDS, Tuberculosis,
and Malaria, Gavi, the Vaccine Alliance, bilateral donors,
and other relevant multilateral and international
organizations and stakeholders to develop--
(A) shared core indicators for strengthened health systems;
(B) agreements among donors that reporting requirements for
health systems come from country systems to reduce the burden
placed on partner countries;
(C) structures for joint assessments, plans, auditing, and
consultations; and
(D) a regularized approach to coordination on health
systems strengthening.
(6) Public private partnerships to improve health systems
strengthening.--The country strategies developed under
paragraph (3)(C) should include a section that--
(A) discusses the role of the private sector (including
corporate, local, and international organizations with
relevant expertise); and
(B) identifies relevant opportunities for the private
sector--
(i) to accelerate research and development of innovative
health and information technology, and to offer training
related to its use;
(ii) to contribute to improvements in health administration
and management processes;
(iii) to improve system efficiency;
(iv) to develop training related to clinical practice
guidelines; and
(v) to help countries develop systems for documenting
outcomes and achievements related to activities undertaken to
strengthen the health sector.
(7) Authorization for use of funds.--Amounts authorized to
be appropriated or otherwise made available to carry out
section 104 of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b) may be made available to carry out this subsection.
(g) Additional Authorities.--
(1) Foreign assistance act of 1961.--Chapter 1 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
is amended--
(A) in section 104(c)(1) (22 U.S.C. 2151b(c)(1)), by
inserting ``(emphasizing health systems strengthening, as
appropriate)'' after ``health services'';
(B) in section 104A (22 U.S.C. 2151b-2)--
(i) in subsection (b)(3)(D), by striking ``including health
care systems, under other international donor support'' and
inserting ``including through support for health systems
strengthening, under other donor support''; and
(ii) in subsection (f)(3)(Q), by inserting ``the Office of
the United States Global AIDS Coordinator, partner countries,
and the Global Fund to Fight AIDS, Tuberculosis, and Malaria
to ensure that their actions support the activities taken to
strengthen the overall health systems in recipient countries,
and efforts by'' after ``efforts by''; and
(C) in section 104B(g)(2) (22 U.S.C. 2151b-3(g)(2)), by
inserting ``strengthening the health system of the country
and'' after ``contribute to''.
(2) United states leadership against hiv/aids,
tuberculosis, and malaria act of 2003.--Section 204(a) of the
United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (22 U.S.C. 7623(a)) is amended--
(A) in paragraph (1)(A), by inserting ``in a manner that is
coordinated with, and contributes to, efforts through other
assistance activities being carried out to strengthen
national health systems and health policies'' after
``systems''; and
(B) in paragraph (2)--
(i) in subparagraph (C), by inserting ``as part of a
strategy to improve overall health'' before the semicolon at
the end;
(ii) in subparagraph (D), by striking ``and'' at the end;
(iii) in subparagraph (E), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) to contribute to efforts that build health systems
capable of preventing, detecting and responding to HIV/AIDS,
tuberculosis, malaria and other infectious diseases with
pandemic potential.''.
(h) Authorization for United States Participation in the
Coalition for Epidemic Preparedness Innovations.--
(1) In general.--The United States is authorized to
participate in the Coalition for Epidemic Preparedness
Innovations (referred to in this subsection as ``CEPI'').
(2) Investors council and board of directors.--
(A) Initial designation.--The President shall designate an
employee of USAID to serve on the Investors Council and, if
nominated, on the Board of Directors of CEPI, as a
representative of the United States during the period
beginning on the date of such designation and ending on
September 30, 2022.
(B) Ongoing designations.--The President may designate an
employee of the relevant Federal department or agency with
fiduciary responsibility for United States contributions to
CEPI to serve on the Investors Council and, if nominated, on
the Board of Directors of CEPI, as a representative of the
United States.
(C) Qualifications.--Any employee designated pursuant to
subparagraph (A) or (B) shall have demonstrated knowledge and
experience in the fields of development and public health,
epidemiology, or medicine, from the Federal department or
agency with primary fiduciary responsibility for United
States contributions pursuant to paragraph (3).
(D) Coordination .--In carrying out the responsibilities
under this subsection, an employee designated by the
President to serve on the Investors Council or the Board of
Directors, as applicable, shall coordinate with the Secretary
of Health and Human Services to promote alignment, as
appropriate, between CEPI and the strategic objectives and
activities of the Secretary of Health and Human Services with
respect to the research, development, and procurement of
[[Page S7912]]
medical countermeasures, consistent with titles III and
XXVIII of the Public Health Service Act (42 U.S.C. 241 et
seq. and 300hh et seq.).
(3) Consultation.--Not later than 60 days after the date of
the enactment of this Act, the employee designated pursuant
to paragraph (2)(A) shall consult with the appropriate
congressional committees, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee on
Energy and Commerce of the House of Representatives
regarding--
(A) the manner and extent to which the United States plans
to participate in CEPI, including through the governance of
CEPI;
(B) any planned financial contributions from the United
States to CEPI; and
(C) how participation in CEPI is expected to support--
(i) the United States Global Health Security Strategy
required under this subtitle;
(ii) the applicable revision of the National Biodefense
Strategy required under section 1086 of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 104); and
(iii) any other relevant programs relating to global health
security and biodefense.
(4) United states contributions.--
(A) Sense of congress.--It is the sense of Congress that
the President, consistent with the provisions under section
10003(a)(1) of the American Rescue Plan Act of 2021, should
make an immediate contribution to CEPI in the amount of
$300,000,000, to expand research and development of vaccines
to combat the spread of COVID-19 variants.
(B) Notification.--Not later than 15 days before a
contribution is made available pursuant to subparagraph (A),
the President shall notify the appropriate congressional
committees of the details of the amount, purposes, and
national interests served by such contribution.
(i) Intelligence Assessments Regarding Novel Diseases and
Pandemic Threats.--
(1) Defined term.--In this subsection, the term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(F) the Committee on Energy and Commerce of the House of
Representatives.
(2) Intelligence assessments.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the
following 4 years, the National Intelligence Council shall
submit to the appropriate committees of Congress an
intelligence assessment regarding the risks posed to the
national security interests of the United States by the
emergence, reemergence, and overseas transmission of
pathogens with pandemic potential.
(B) Elements.--The intelligence assessments submitted
pursuant to subparagraph (A) shall--
(i) identify the countries or regions most vulnerable to
the emergence or reemergence of a pathogen with pandemic
potential, including the most likely sources and pathways of
such emergence or reemergence, whether naturally occurring,
accidental, or deliberate;
(ii) assess the likelihood that a pathogen described in
clause (i) will spread to the United States, the United
States Armed Forces, diplomatic or development personnel of
the United States stationed abroad, or citizens of the United
States living abroad in a manner that could lead to an
epidemic in the United States or otherwise affect the
national security or economic prosperity of the United
States;
(iii) assess the preparedness of countries around the
world, particularly those identified pursuant to clause (i),
to prevent, detect, and respond to pandemic threats; and
(iv) identify any scientific, capacity, or governance gaps
in the preparedness of countries identified pursuant to
clause (i), including an analysis of the capacity and
performance of any country or entity described in clause
(iii) in complying with biosecurity standards, as applicable.
(3) Congressional briefings.--The National Intelligence
Council shall provide an annual briefing to the appropriate
committees of Congress regarding--
(A) the most recent intelligence assessments submitted
pursuant to paragraph (2)(A); and
(B) the emergence or reemergence of pathogens with pandemic
potential that could lead to an epidemic described in
paragraph (2)(A)(ii).
(4) Public availability.--The Director of National
Intelligence shall make publicly available an unclassified
version of each intelligence assessment submitted pursuant to
paragraph (2)(A).
(j) Pandemic Early Warning Network.--
(1) In general.--The Secretary of State and the Secretary
of Health and Human Services, in coordination with the USAID
Administrator, the Director of the Centers for Disease
Control and Prevention, and the heads of the other relevant
Federal departments and agencies, shall work with the World
Health Organization and other key stakeholders to establish
or strengthen effective early warning systems, at the partner
country, regional, and international levels, that utilize
innovative information and analytical tools and robust review
processes to track, document, analyze, and forecast
infectious disease threats with epidemic and pandemic
potential.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the
following 4 years, the Secretary of State, in coordination
with the Secretary of Health and Human Services and the heads
of the other relevant Federal departments and agencies, shall
submit a report to the appropriate congressional committees,
the Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Energy and Commerce of the
House of Representatives that describes United States
Government efforts and opportunities to establish or
strengthen effective early warning systems to detect
infectious disease threats internationally.
(k) International Emergency Operations.--
(1) Sense of congress.--It is the sense of Congress that it
is essential to enhance the capacity of key stakeholders to
effectively operationalize early warning and execute multi-
sectoral emergency operations during an infectious disease
outbreak, particularly in countries and areas that
deliberately withhold critical global health data and delay
access during an infectious disease outbreak in advance of
the next infectious disease outbreak with pandemic potential.
(2) Public health emergencies of international concern.--
The Secretary of State, in coordination with the Secretary of
Health and Human Services, should work with the World Health
Organization and like-minded member states to adopt an
approach toward assessing infectious disease threats under
the International Health Regulations (2005) for the World
Health Organization to identify and transparently
communicate, on an ongoing basis, varying levels of risk
leading up to a declaration by the Director General of the
World Health Organization of a Public Health Emergency of
International Concern for the duration and in the aftermath
of such declaration.
(3) Emergency operations.--The Secretary of State and the
Secretary of Health and Human Services, in coordination with
the USAID Administrator, the Director of the Centers for
Disease Control and Prevention, and the heads of other
relevant Federal departments and agencies, and consistent
with the requirements under the International Health
Regulations (2005) and the objectives of the World Health
Organization's Health Emergencies Programme, the Global
Health Security Agenda, and national actions plans for health
security, shall work, in coordination with the World Health
Organization, with partner countries and other key
stakeholders to support the establishment, strengthening, and
rapid response capacity of global health emergency operations
centers, at the partner country and international levels,
including efforts--
(A) to collect and share public health data, assess risk,
and operationalize early warning;
(B) to secure, including through utilization of stand-by
arrangements and emergency funding mechanisms, the staff,
systems, and resources necessary to execute cross-sectoral
emergency operations during the 48-hour period immediately
following an infectious disease outbreak with pandemic
potential; and
(C) to organize and conduct emergency simulations.
SEC. 1296. FINANCING MECHANISM FOR GLOBAL HEALTH SECURITY AND
PANDEMIC PREVENTION AND PREPAREDNESS.
(a) Eligible Partner Country Defined.--In this section, the
term ``eligible partner country'' means a country in which
the Fund for Global Health Security and Pandemic Prevention
and Preparedness to be established under subsection (b) may
finance global health security and pandemic prevention and
preparedness assistance programs under this subtitle based on
the country's demonstrated--
(1) need, as identified through the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, national action plans for
health security, the World Organization for Animal Health's
Performance of Veterinary Services evaluation, and other
complementary or successor indicators of global health
security and pandemic prevention and preparedness; and
(2) commitment to transparency, including--
(A) budget and global health data transparency;
(B) complying with the International Health Regulations
(2005);
(C) investing in domestic health systems; and
(D) achieving measurable results.
(b) Establishment of Fund for Global Health Security and
Pandemic Prevention and Preparedness.--
(1) Negotiations for establishment of fund for global
health security and pandemic prevention and preparedness.--
The Secretary of State, in coordination with the USAID
Administrator, the Secretary of Health and Human Services,
and the heads of other relevant Federal departments and
agencies, as necessary and appropriate, should seek to enter
into negotiations with donors, relevant United Nations
agencies, including the World Health Organization, and other
key multilateral stakeholders, to establish--
[[Page S7913]]
(A) a multilateral, catalytic financing mechanism for
global health security and pandemic prevention and
preparedness, which may be known as the Fund for Global
Health Security and Pandemic Prevention and Preparedness
(referred to in this section as ``the Fund''), to address the
need for and secure durable financing in accordance with the
provisions of this subsection; and
(B) an Advisory Board to the Fund in accordance with
subsection (e).
(2) Purposes.--The purposes of the Fund should be--
(A) to close critical gaps in global health security and
pandemic prevention and preparedness; and
(B) to work with, and build the capacity of, eligible
partner countries in the areas of global health security,
infectious disease control, and pandemic prevention and
preparedness, in a manner that--
(i) prioritizes capacity building and financing
availability in eligible partner countries;
(ii) incentivizes countries to prioritize the use of
domestic resources for global health security and pandemic
prevention and preparedness;
(iii) leverages government, nongovernment, and private
sector investments;
(iv) regularly responds to and evaluates progress based on
clear metrics and benchmarks, such as the Joint External
Evaluation and the Global Health Security Index;
(v) aligns with and complements ongoing bilateral and
multilateral efforts and financing, including through the
World Bank, the World Health Organization, the Global Fund to
Fight AIDS, Tuberculosis, and Malaria, the Coalition for
Epidemic Preparedness and Innovation, and Gavi, the Vaccine
Alliance; and
(vi) helps countries accelerate and achieve compliance with
the International Health Regulations (2005) and the
fulfillment of the Global Health Security Agenda 2024
Framework not later than 5 years after the date on which the
Fund is established, in coordination with the ongoing Joint
External Evaluation national action planning process.
(3) Executive board.--
(A) In general.--The Fund should be governed by a
transparent and accountable body (referred to in this section
as the ``Executive Board''), which should--
(i) function as a partnership with, and through full
engagement by, donor governments, eligible partner countries,
and independent civil society; and
(ii) be composed of not more than 20 representatives of
governments, foundations, academic institutions, independent
civil society, indigenous people, vulnerable communities,
frontline health workers, and the private sector with
demonstrated commitment to carrying out the purposes of the
Fund and upholding transparency and accountability
requirements.
(B) Duties.--The Executive Board should--
(i) be charged with approving strategies, operations, and
grant making authorities in order to conduct effective
fiduciary, monitoring, and evaluation efforts, and other
oversight functions;
(ii) determine operational procedures such that the Fund is
able to effectively fulfill its mission;
(iii) provide oversight and accountability for the Fund in
collaboration with the Inspector General to be established
pursuant to subsection (d)(5)(A)(i);
(iv) develop and utilize a mechanism to obtain formal input
from eligible partner countries, independent civil society,
and implementing entities relative to program design, review,
and implementation and associated lessons learned; and
(v) coordinate and align with other multilateral financing
and technical assistance activities, and with the United
States and other nations leading outbreak prevention,
preparedness, and response activities in partner countries,
as appropriate.
(C) Composition.--The Executive Board should include--
(i) representatives of the governments of founding member
countries who, in addition to the requirements under
subparagraph (A), qualify based upon meeting an established
initial contribution threshold, which should be not less than
10 percent of total initial contributions, and a demonstrated
commitment to supporting the International Health Regulations
(2005);
(ii) a geographically diverse group of members who--
(I) come from donor countries, eligible partner countries,
academic institutions, independent civil society, including
indigenous organizations, and the private sector; and
(II) are selected on the basis of their experience and
commitment to innovation, best practices, and the advancement
of global health security objectives;
(iii) representatives of the World Health Organization; and
(iv) the chair of the Global Health Security Steering
Group.
(D) Contributions.--Each government or private sector
entity represented on the Executive Board should agree to
make annual contributions to the Fund in an amount not less
than the minimum determined by the Executive Board.
(E) Qualifications.--Individuals appointed to the Executive
Board should have demonstrated knowledge and experience
across a variety of sectors, including human and animal
health, agriculture, development, defense, finance, research,
and academia.
(F) Conflicts of interest.--
(i) Technical experts.--The Executive Board may include
independent technical experts who are not affiliated with, or
employed by, a recipient country or organization.
(ii) Multilateral bodies and institutions.--Executive Board
members appointed pursuant to subparagraph (C)(iii) should be
required to recuse themselves from matters presenting
conflicts of interest, including financing decisions relating
to such bodies and institutions.
(G) United states representation.--
(i) Founding member.--The Secretary of State should seek--
(I) to establish the United States as a founding member of
the Fund; and
(II) to ensure that the United States is represented on the
Executive Board by an officer or employee of the United
States, who shall be appointed by the President.
(ii) Effective and termination dates.--
(I) Effective date.--This subparagraph shall take effect
upon the date on which the Secretary of State certifies and
submits to Congress an agreement establishing the Fund.
(II) Termination date.--The membership established pursuant
to clause (i) shall terminate upon the date of termination of
the Fund.
(H) Removal procedures.--The Fund should establish
procedures for the removal of members of the Executive Board
who--
(i) engage in a consistent pattern of human rights abuses;
(ii) fail to uphold global health data transparency
requirements; or
(iii) otherwise violate the established standards of the
Fund, including in relation to corruption.
(c) Authorities.--
(1) Program objectives.--
(A) In general.--In carrying out the purpose set forth in
subsection (b), the Fund, acting through the Executive Board,
should--
(i) develop grant making requirements to be administered by
an independent technical review panel comprised of entities
barred from applying for funding or support;
(ii) provide grants, including challenge grants, technical
assistance, concessional lending, catalytic investment funds,
and other innovative funding mechanisms, in coordination with
ongoing bilateral and multilateral efforts, as appropriate--
(I) to help eligible partner countries close critical gaps
in health security, as identified through the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, and national action plans
for health security and other complementary or successor
indicators of global health security and pandemic prevention
and preparedness; and
(II) to support measures that enable such countries, at the
national and subnational levels, and in partnership with
civil society and the private sector, to strengthen and
sustain resilient health systems and supply chains with the
resources, capacity, and personnel required to prevent,
detect, mitigate, and respond to infectious disease threats,
including the emergence or reemergence of pathogens, before
they become pandemics;
(iii) leverage the expertise, capabilities, and resources
of proven, existing agencies and organizations to effectively
target and manage resources for impact, including through
alignment with, and co-financing of, complementary programs,
as appropriate and consistent with subparagraph (C); and
(iv) develop recommendations for a mechanism for assisting
countries that are at high risk for the emergence or
reemergence of pathogens with pandemic potential to
participate in the Global Health Security Agenda and the
Joint External Evaluations.
(B) Activities supported.--The activities to be supported
by the Fund should include efforts--
(i) to enable eligible partner countries to formulate and
implement national health security and pandemic prevention
and preparedness action plans, advance action packages under
the Global Health Security Agenda, and adopt and uphold
commitments under the International Health Regulations (2005)
and other related international health agreements and
arrangements, as appropriate;
(ii) to support health security budget planning in eligible
partner countries, including training in public financial
management, budget and health data transparency, human
resource information systems, and integrated and transparent
budget and health data;
(iii) to strengthen the health workforce, including hiring,
training, and deploying experts and other essential staff,
including community health workers, to improve frontline
prevention of, and monitoring and preparedness for, unknown,
new, emerging, or reemerging pathogens, epidemics, and
pandemic threats, including capacity to surge and manage
additional staff during emergencies;
(iv) to improve the quality of community health worker
programs as the foundation of pandemic preparedness and
response through application of appropriate assessment tools;
(v) to improve infection prevention and control, the
protection of healthcare workers, including community health
workers, and access to water and sanitation within healthcare
settings;
(vi) to combat the threat of antimicrobial resistance;
(vii) to strengthen laboratory capacity and promote
biosafety and biosecurity through
[[Page S7914]]
the provision of material and technical assistance;
(viii) to reduce the risk of bioterrorism, the emergence,
reemergence, or spread of zoonotic disease (whether through
loss of natural habitat, the commercial trade in wildlife for
human consumption, or other means), and accidental biological
release;
(ix) to build technical capacity to manage, as appropriate,
supply chains for applicable global health commodities
through effective forecasting, procurement, warehousing, and
delivery from central warehouses to points of service in both
the public and private sectors;
(x) to enable bilateral, regional, and international
partnerships and cooperation, including through pandemic
early warning systems and emergency operations centers, to
identify and address transnational infectious disease threats
exacerbated by natural and man-made disasters, human
displacement, and zoonotic infection;
(xi) to establish partnerships for the sharing of best
practices and enabling eligible countries to meet targets and
indicators under the Joint External Evaluation process, the
Global Health Security Index classification of health
systems, and national action plans for health security
relating to the prevention, detection, and treatment of
neglected tropical diseases;
(xii) to build the capacity of eligible partner countries
to prepare for and respond to second order development
impacts of infectious disease outbreaks and maintain
essential health services, while accounting for the
differentiated needs and vulnerabilities of marginalized
populations, including women and girls;
(xiii) to develop and utilize metrics to monitor and
evaluate programmatic performance and identify best
practices, including in accordance with Joint External
Evaluation benchmarks, Global Health Security Agenda targets,
and Global Health Security Index indicators;
(xiv) to develop and deploy mechanisms to enhance and
independently monitor the transparency and accountability of
global health security and pandemic prevention and
preparedness programs and data, in compliance with the
International Health Regulations (2005), including through
the sharing of trends, risks, and lessons learned;
(xv) to promote broad participation in health emergency
planning and advisory bodies, including by women and
frontline health workers;
(xvi) to develop and implement simulation exercises,
produce and release after action reports, and address related
gaps;
(xvii) to support countries in conducting Joint External
Evaluations;
(xviii) to improve disease surveillance capacity in partner
counties, including at the community level, such that those
countries are better able to detect and respond to known and
unknown pathogens and zoonotic infectious diseases; and
(xix) to support governments through coordinated and
prioritized assistance efforts to prevent the emergence,
reemergence, or spread of zoonotic diseases caused by
deforestation, commercial trade in wildlife for human
consumption, climate-related events, and unsafe interactions
between wildlife, livestock, and people.
(C) Implementation of program objectives.--In carrying out
the objectives under subparagraph (A), the Fund should work
to eliminate duplication and waste by upholding strict
transparency and accountability standards and coordinating
its programs and activities with key partners working to
advance global health security and pandemic prevention and
preparedness, including--
(i) governments, independent civil society, nongovernmental
organizations, research and academic institutions, and
private sector entities in eligible partner countries;
(ii) the pandemic early warning systems and international
emergency operations centers to be established under
subsections (j) and (k) of section 1295;
(iii) the World Health Organization;
(iv) the Global Health Security Agenda;
(v) the Global Health Security Initiative;
(vi) the Global Fund to Fight AIDS, Tuberculosis, and
Malaria;
(vii) the United Nations Office for the Coordination of
Humanitarian Affairs, UNICEF, and other relevant funds,
programs, and specialized agencies of the United Nations;
(viii) Gavi, the Vaccine Alliance;
(ix) the Coalition for Epidemic Preparedness Innovations
(CEPI);
(x) The World Organisation for Animal Health;
(xi) The United Nations Environment Programme;
(xii) Food and Agriculture Organization; and
(xiii) the Global Polio Eradication Initiative.
(2) Priority.--In providing assistance under this section,
the Fund should give priority to low-and lower middle income
countries with--
(A) low scores on the Global Health Security Index
classification of health systems;
(B) measurable gaps in global health security and pandemic
prevention and preparedness identified under Joint External
Evaluations and national action plans for health security;
(C) demonstrated political and financial commitment to
pandemic prevention and preparedness; and
(D) demonstrated commitment to upholding global health
budget and data transparency and accountability standards,
complying with the International Health Regulations (2005),
investing in domestic health systems, and achieving
measurable results.
(3) Eligible grant recipients.--Governments and
nongovernmental organizations should be eligible to receive
grants as described in this section.
(d) Administration.--
(1) Appointments.--The Executive Board should appoint--
(A) an Administrator, who should be responsible for
managing the day-to-day operations of the Fund; and
(B) an independent Inspector General, who should be
responsible for monitoring grants implementation and
proactively safeguarding against conflicts of interests.
(2) Authority to accept and solicit contributions.--The
Fund should be authorized to solicit and accept contributions
from governments, the private sector, foundations,
individuals, and nongovernmental entities.
(3) Accountability; conflicts of interest; criteria for
programs.--As part of the negotiations described in
subsection (b)(1), the Secretary of the State, consistent
with paragraph (4), should--
(A) take such actions as are necessary to ensure that the
Fund will have in effect adequate procedures and standards to
account for and monitor the use of funds contributed to the
Fund, including the cost of administering the Fund;
(B) ensure there is agreement to put in place a conflict of
interest policy to ensure fairness and a high standard of
ethical conduct in the Fund's decision-making processes,
including proactive procedures to screen staff for conflicts
of interest and measures to address any conflicts, such as
potential divestments of interests, prohibition from engaging
in certain activities, recusal from certain decision-making
and administrative processes, and representation by an
alternate board member; and
(C) seek agreement on the criteria that should be used to
determine the programs and activities that should be assisted
by the Fund.
(4) Selection of partner countries, projects, and
recipients.--The Executive Board should establish--
(A) eligible partner country selection criteria, to include
transparent metrics to measure and assess global health
security and pandemic prevention and preparedness strengths
and vulnerabilities in countries seeking assistance;
(B) minimum standards for ensuring eligible partner country
ownership and commitment to long-term results, including
requirements for domestic budgeting, resource mobilization,
and co-investment;
(C) criteria for the selection of projects to receive
support from the Fund;
(D) standards and criteria regarding qualifications of
recipients of such support;
(E) such rules and procedures as may be necessary for cost-
effective management of the Fund; and
(F) such rules and procedures as may be necessary to ensure
transparency and accountability in the grant-making process.
(5) Additional transparency and accountability
requirements.--
(A) Inspector general.--
(i) In general.--The Secretary of State shall seek to
ensure that the Inspector General appointed pursuant to
paragraph (1)--
(I) is fully enabled to operate independently and
transparently;
(II) is supported by and with the requisite resources and
capacity to regularly conduct and publish, on a publicly
accessible website, rigorous financial, programmatic, and
reporting audits and investigations of the Fund and its
grantees; and
(III) establishes an investigative unit that--
(aa) develops an oversight mechanism to ensure that grant
funds are not diverted to illicit or corrupt purposes or
activities; and
(bb) submits an annual report to the Executive Board
describing its activities, investigations, and results.
(ii) Sense of congress on corruption.--It is the sense of
Congress that--
(I) corruption within global health programs contribute
directly to the loss of human life and cannot be tolerated;
and
(II) in making financial recoveries relating to a corrupt
act or criminal conduct under a grant, as determined by the
Inspector General, the responsible grant recipient should be
assessed at a recovery rate of up to 150 percent of such
loss.
(B) Administrative expenses.--The Secretary of State shall
seek to ensure the Fund establishes, maintains, and makes
publicly available a system to track the administrative and
management costs of the Fund on a quarterly basis.
(C) Financial tracking systems.--The Secretary of State
shall ensure that the Fund establishes, maintains, and makes
publicly available a system to track the amount of funds
disbursed to each grant recipient and sub-recipient during a
grant's fiscal cycle.
(D) Exemption from duties and taxes.--The Secretary should
ensure that the Fund adopts rules that condition grants upon
agreement by the relevant national authorities in an eligible
partner country to exempt from duties and taxes all products
financed by such grants, including procurements by any
principal or sub-recipient for the purpose of carrying out
such grants.
(e) Advisory Board.--
[[Page S7915]]
(1) In general.--There should be an Advisory Board to the
Fund.
(2) Appointments.--The members of the Advisory Board should
be composed of--
(A) a geographically diverse group of individuals that
includes representation from low- and middle-income
countries;
(B) individuals with experience and leadership in the
fields of development, global health, epidemiology, medicine,
biomedical research, and social sciences; and
(C) representatives of relevant United Nations agencies,
including the World Health Organization, and nongovernmental
organizations with on-the ground experience in implementing
global health programs in low and lower-middle income
countries.
(3) Responsibilities.--The Advisory Board should provide
advice and guidance to the Executive Board of the Fund on the
development and implementation of programs and projects to be
assisted by the Fund and on leveraging donations to the Fund.
(4) Prohibition on payment of compensation.--
(A) In general.--Except for travel expenses (including per
diem in lieu of subsistence), no member of the Advisory Board
should receive compensation for services performed as a
member of the Board.
(B) United states representative.--Notwithstanding any
other provision of law (including an international
agreement), a representative of the United States on the
Advisory Board may not accept compensation for services
performed as a member of the Board, except that such
representative may accept travel expenses, including per diem
in lieu of subsistence, while away from the representative's
home or regular place of business in the performance of
services for the Board.
(5) Conflicts of interest.--Members of the Advisory Board
should be required to disclose any potential conflicts of
interest prior to serving on the Advisory Board and, in the
event of any conflicts of interest, recuse themselves from
such matters during their service on the Advisory Board.
(f) Reports to Congress.--
(1) Status report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
coordination with the USAID Administrator, and the heads of
other relevant Federal departments and agencies, shall submit
a report to the appropriate congressional committees that
describes the progress of international negotiations to
establish the Fund.
(2) Annual report.--
(A) In general.--Not later than 1 year after the date of
the establishment of the Fund, and annually thereafter for
the duration of the Fund, the Secretary of State, shall
submit a report to the appropriate congressional committees
regarding the administration of the Fund.
(B) Report elements.--The report required under
subparagraph (A) shall describe--
(i) the goals of the Fund;
(ii) the programs, projects, and activities supported by
the Fund;
(iii) private and governmental contributions to the Fund;
and
(iv) the criteria utilized to determine the programs and
activities that should be assisted by the Fund, including
baselines, targets, desired outcomes, measurable goals, and
extent to which those goals are being achieved.
(3) GAO report on effectiveness.--Not later than 2 years
after the date on which the Fund is established, the
Comptroller General of the United States shall submit a
report to the appropriate congressional committees that
evaluates the effectiveness of the Fund, including the
effectiveness of the programs, projects, and activities
supported by the Fund, as described in subsection (c)(1).
(g) United States Contributions.--
(1) In general.--Subject to submission of the certification
under this subsection, the President is authorized to make
available for United States contributions to the Fund such
funds as may be appropriated or otherwise made available for
such purpose.
(2) Notification.--The Secretary of State shall notify the
appropriate congressional committees not later than 15 days
in advance of making a contribution to the Fund, including--
(A) the amount of the proposed contribution;
(B) the total of funds contributed by other donors; and
(C) the national interests served by United States
participation in the Fund.
(3) Limitation.--During the 5-year period beginning on the
date of the enactment of this Act, a United States
contribution to the Fund may not cause the cumulative total
of United States contributions to the Fund to exceed 33
percent of the total contributions to the Fund from all
sources.
(4) Withholdings.--
(A) Support for acts of international terrorism.--If the
Secretary of State determines that the Fund has provided
assistance to a country, the government of which the
Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371)
has repeatedly provided support for acts of international
terrorism, the United States shall withhold from its
contribution to the Fund for the next fiscal year an amount
equal to the amount expended by the Fund to the government of
such country.
(B) Excessive salaries.--During the 5-year period beginning
on the date of the enactment of this Act, if the Secretary of
State determines that the salary of any individual employed
by the Fund exceeds the salary of the Vice President of the
United States for such fiscal year, the United States should
withhold from its contribution for the next fiscal year an
amount equal to the aggregate amount by which the salary of
each such individual exceeds the salary of the Vice President
of the United States.
(C) Accountability certification requirement.--The
Secretary of State may withhold not more than 20 percent of
planned United States contributions to the Fund until the
Secretary certifies to the appropriate congressional
committees that the Fund has established procedures to
provide access by the Office of Inspector General of the
Department of State, as cognizant Inspector General, the
Inspector General of the Department of Health and Human
Services, the Inspector General of USAID, and the Comptroller
General of the United States to the Fund's financial data and
other information relevant to United States contributions to
the Fund (as determined by the Inspector General of the
Department of State, in consultation with the Secretary of
State).
(h) Compliance With the Foreign Aid Transparency and
Accountability Act of 2016.--Section 2(3) of the Foreign Aid
Transparency and Accountability Act of 2016 (Public Law 114-
191; 22 U.S.C. 2394c note) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) the International Pandemic Preparedness and COVID-19
Response Act of 2021.''.
(i) Prohibition Against United States Foreign Assistance
for the Government of the People's Republic of China.--None
of the assistance authorized to be appropriated under this
subtitle may be made available to the Government of the
People's Republic of China or to any entity owned or
controlled by the Government of the People's Republic of
China.
______
SA 4397. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1054. COMPTROLLER GENERAL REPORT ON ACTUAL COST OF
CERTAIN NET ASSESSMENTS CONDUCTED BY THE OFFICE
OF NET ASSESSMENT.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the congressional defense committees a report
setting forth the results of an analysis of the actual cost
of performance of net assessments conducted by the Office of
Net Assessment of standing trends and future prospects of
United States military capabilities and national potential in
comparison with those of other countries or groups of
countries so as to identify emerging or future threats or
opportunities for the United States.
______
SA 4398. Mr. COTTON submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. AUSTRALIA-UNITED STATES LEGISLATIVE EXCHANGE
PROGRAM.
(a) Findings.--Congress finds the following:
(1) The People's Republic of China continues to assert its
regional ambitions in the Indo-Pacific region.
(2) The ideological aims driving the Chinese Communist
Party's foreign policy runs counter to aims of democracies
such as the United States and its allies.
(3) Australia has been one of the United State's staunchest
allies for well over 100 years. This ``Mateship'' began with
the visit of the American Great White Fleet to Sydney Harbor
in 1908. The budding relationship was soon sealed through
American and Australian troops fighting and dying together in
the World War I.
(4) Since the World War I, Australians and Americans--
(A) have supported each other in every major military
conflict in which the United States was involved; and
(B) have mutually supported each another in intelligence-
sharing.
(b) Sense of Congress.--It is the sense of Congress that--
[[Page S7916]]
(1) the United States must continue to build and maintain
strong relationships with allies and partners in the Indo-
Pacific region to successfully compete with the People's
Republic of China;
(2) the Australia-United States relationship will continue
to be vital throughout the 21st century and beyond to compete
with and deter China;
(3) as the Australia-United States alliance evolves, it is
vital to ensure that emerging leaders in both countries
develop a deep understanding of their ally's view of the
world; and
(4) exchange programs between key legislative national
security staff from Congress and Australian Parliament will
further bind our nations together.
(c) Establishment.--
(1) In general.--The Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives, working through a designated nonprofit, such
as a think tank, a foundation, or another suitable
organization contracted by the Department of Defense
competitive award process, shall work with the leaders of the
Australian Parliament to establish the Australia-United
States Legislative Exchange Program (referred to in this
section as the ``Program'').
(2) Purpose.--The purpose of the Program shall be to
coordinate annual 1 to 2 week legislative exchanges between
United States congressional staff and the Australian
parliamentary staff that focus on national security, foreign
policy, and other issues of mutual interest between the 2
countries.
(3) Selection of staff.--
(A) Congressional staff.--In carrying out the Program, the
congressional leaders referred to in paragraph (1), in
consultation with the head of the nonprofit designated
pursuant to paragraph (1), shall jointly select a bipartisan,
bicameral group of congressional staff for each exchange
described in paragraph (2).
(B) Parliamentary staff.--It is the sense of Congress that
leaders in the Australian Parliament will select a
politically balanced group of Australian parliamentary staff
who will participate in each exchange described in paragraph
(2).
(4) Venues.--The exchanges described in paragraph (2) shall
take place primarily in Washington, D.C. and Canberra,
Australia, but may include opportunities for staff--
(A) to engage in cultural immersion activities; and
(B) to tour other key regions in each country in accordance
with the purposes of the Program.
(5) Program activities.--Program participants, while
visiting the partner country, shall--
(A) meet with senior executive and legislative branch
officials, think tank scholars, and nonprofit advocacy
groups; and
(B) participate in specially designed courses covering the
politics and foreign policy issues in such country with the
intent to foster a deeper understanding of the political
environment in which their counterparts operate.
(6) Consultation.--In managing the Program on behalf of the
congressional leaders referred to in paragraph (1), the head
of the nonprofit designated pursuant to paragraph (1) shall
consult with, and accepting guidance from, senior staff of
the Committee on Armed Services of the Senate, the Committee
on Foreign Relations of the Senate, the Committee on Armed
Services of the House of Representatives, and the Committee
on Foreign Affairs of the House of Representatives.
(7) Alumni network.--The head of the nonprofit designated
pursuant to paragraph (1) shall establish an alumni network
program, in cooperation with a representative of the
Australian Parliament, that brings together past alumni of
the program for special events or programs that provide for
further exchanges and lasting relationships between
policymakers and leaders in both countries.
______
SA 4399. Mr. COTTON submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XIV, add the following:
Subtitle D--Extraction and Processing of Defense Minerals in the United
States
SEC. 1431. SHORT TITLE.
This subtitle may be cited as the ``Restoring Essential
Energy and Security Holdings Onshore for Rare Earths Act of
2021'' or the ``REEShore Act of 2021''.
SEC. 1432. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Energy and Natural
Resources, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Natural Resources, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) Defense mineral.--The term ``defense mineral'' has the
meaning given the term ``critical mineral'' in section
7002(a) of the Energy Act of 2020 (division Z of Public Law
116-260; 30 U.S.C. 1606(a)).
(3) Defense mineral product.--The term ``defense mineral
product'' means any product--
(A) formed or comprised of, or manufactured from, one or
more defense minerals; and
(B) used in military defense technologies or other related
applications.
SEC. 1433. REPORT ON ESTABLISHMENT OF STRATEGIC DEFENSE
MINERAL AND DEFENSE MINERAL PRODUCTS RESERVE.
(a) Findings.--Congress finds that the storage of
substantial quantities of defense minerals and defense
mineral products will--
(1) diminish the vulnerability of the United States to the
effects of a severe supply chain interruption; and
(2) provide limited protection from the short-term
consequences of an interruption in supplies of defense
mineral products.
(b) Sense of Congress.--It is the sense of Congress that,
in procuring defense minerals and defense mineral products,
the Secretary of Defense should prioritize procurement of
defense minerals and defense mineral products from sources in
the United States, including that are mined, produced,
separated, and manufactured within the United States.
(c) Report Required.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of the Interior,
acting through the United States Geologic Survey, and the
Secretary of Defense shall jointly submit to the appropriate
congressional committees a report describing--
(A) the strategic requirements of the United States
regarding stockpiles of defense minerals and defense mineral
products; and
(B) the requirements for such metals and products to
support the United States for one year in the event of a
supply disruption.
(2) Considerations.--In developing the report required by
paragraph (1), the Secretary of the Interior and the
Secretary of Defense shall take into consideration the needs
of the Armed Forces of the United States, the defense
industrial and technology sectors, and any places,
organizations, physical infrastructure, or digital
infrastructure designated as critical to the national
security of the United States.
(d) Reassessment of Requirements.--The Secretary of the
Interior and the Secretary of Defense shall--
(1) jointly and continually reassess the strategic
requirements described in paragraph (1) of subsection (c) and
the considerations described in paragraph (2) of that
subsection; and
(2) not less frequently than annually, submit to the
appropriate congressional committees a report--
(A) on that reassessment; and
(B) describing any activities relating to the establishment
or use of a strategic defense minerals and defense mineral
products reserve during the preceding year.
SEC. 1434. REPORT ON DISCLOSURES CONCERNING DEFENSE MINERALS
BY CONTRACTORS OF DEPARTMENT OF DEFENSE.
Not later than December 31, 2021, and annually thereafter,
the Secretary of Defense, after consultation with the
Secretary of Commerce, the Secretary of State, and the
Secretary of the Interior, shall submit to the appropriate
congressional committees a report that includes--
(1) a disclosure, provided by a contractor to the
Department of Defense, of any system with a defense mineral
product that is a permanent magnet, including an
identification of the country or countries in which--
(A) the defense minerals used in the magnet were mined;
(B) such defense minerals were refined into oxides;
(C) such defense minerals were made into metals and alloys;
and
(D) the magnet was sintered or bonded and magnetized;
(2) if a contractor cannot make the disclosure described in
paragraph (1) with respect to a magnet, an assessment of the
effect of requiring the contractor to establish and implement
an independently verifiable supply chain tracking system in
order to provide that disclosure not later than 180 days
after providing the magnet to the Department of Defense;
(3) an assessment of the extent of reliance by the United
States on foreign countries, and especially countries that
are not allies of the United States, for defense minerals;
(4) a determination with respect to which systems are of
the greatest concern for interruptions of defense minerals
supply chains; and
(5) any suggestions for legislation or funding that would
mitigate supply chain security gaps.
SEC. 1435. PRODUCTION IN AND USES OF DEFENSE MINERALS BY
UNITED STATES ALLIES.
(a) Policy.--It shall be the policy of the United States to
encourage countries that are allies of the United States to
eliminate their dependence on non-allied countries for
defense minerals to the maximum extent practicable.
[[Page S7917]]
(b) Report Required.--Not later than December 31, 2022, and
annually thereafter, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report--
(1) describing in detail the discussions of such
Secretaries with countries that are allies of the United
States concerning supply chain security for defense minerals;
(2) assessing the likelihood of those countries
discontinuing the use of defense minerals from the People's
Republic of China or other countries that such Secretaries
deem to be of concern; and
(3) assessing initiatives in other countries to increase
defense mineral mining and production capabilities.
______
SA 4400. Mr. WICKER (for himself, Mr. Cardin, and Mr. Menendez)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. TRANSNATIONAL REPRESSION ACCOUNTABILITY AND
PREVENTION.
(a) Short Title.--This section may be cited as the
``Transnational Repression Accountability and Prevention Act
of 2021'' or as the ``TRAP Act of 2021''.
(b) Findings.--Congress makes the following findings:
(1) The International Criminal Police Organization
(INTERPOL) works to prevent and fight crime through enhanced
cooperation and innovation on police and security matters,
including kleptocracy, counterterrorism, cybercrime,
counternarcotics, and transnational organized crime.
(2) United States membership and participation in INTERPOL
advances the national security and law enforcement interests
of the United States related to combating kleptocracy,
terrorism, cybercrime, narcotics, and transnational organized
crime.
(3) Article 2 of INTERPOL's Constitution states that the
organization aims ``[to] ensure and promote the widest
possible mutual assistance between all criminal police
authorities . . . in the spirit of the `Universal Declaration
of Human Rights' ''.
(4) Article 3 of INTERPOL's Constitution states that ``[i]t
is strictly forbidden for the Organization to undertake any
intervention or activities of a political, military,
religious or racial character''.
(5) These principles provide INTERPOL with a foundation
based on respect for human rights and avoidance of
politically motivated actions by the organization and its
members.
(6) According to the Justice Manual of the United States
Department of Justice, ``[i]n the United States, national law
prohibits the arrest of the subject of a Red Notice issued by
another INTERPOL member country, based upon the notice
alone''.
(c) Sense of Congress.--It is the sense of Congress that
some INTERPOL member countries have repeatedly misused
INTERPOL's databases and processes, including Notice and
Diffusion mechanisms, for activities of an overtly political
or other unlawful character and in violation of international
human rights standards, including making requests to harass
or persecute political opponents, human rights defenders, or
journalists.
(d) Support for INTERPOL Institutional Reforms.--The
Attorney General and the Secretary of State shall--
(1) use the voice, vote, and influence of the United
States, as appropriate, within INTERPOL's General Assembly
and Executive Committee to promote reforms aimed at improving
the transparency of INTERPOL and ensuring its operation
consistent with its Constitution, particularly articles 2 and
3, and Rules on the Processing of Data, including--
(A) supporting INTERPOL's reforms enhancing the screening
process for Notices, Diffusions, and other INTERPOL
communications to ensure they comply with INTERPOL's
Constitution and Rules on the Processing of Data (RPD);
(B) supporting and strengthening INTERPOL's coordination
with the Commission for Control of INTERPOL's Files (CCF) in
cases in which INTERPOL or the CCF has determined that a
member country issued a Notice, Diffusion, or other INTERPOL
communication against an individual in violation of articles
2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit
such member country from seeking the publication or issuance
of any subsequent Notices, Diffusions, or other INTERPOL
communication against the same individual based on the same
set of claims or facts;
(C) increasing, to the extent practicable, dedicated
funding to the CCF and the Notices and Diffusions Task Force
in order to further expand operations related to the review
of requests for red notices and red diffusions;
(D) supporting candidates for positions within INTERPOL's
structures, including the Presidency, Executive Committee,
General Secretariat, and CCF who have demonstrated experience
relating to and respect for the rule of law;
(E) seeking to require INTERPOL in its annual report to
provide a detailed account, disaggregated by member country
or entity of--
(i) the number of Notice requests, disaggregated by color,
that it received;
(ii) the number of Notice requests, disaggregated by color,
that it rejected;
(iii) the category of violation identified in each instance
of a rejected Notice;
(iv) the number of Diffusions that it cancelled without
reference to decisions by the CCF; and
(v) the sources of all INTERPOL income during the reporting
period; and
(F) supporting greater transparency by the CCF in its
annual report by providing a detailed account, disaggregated
by country, of--
(i) the number of admissible requests for correction or
deletion of data received by the CCF regarding issued
Notices, Diffusions, and other INTERPOL communications; and
(ii) the category of violation alleged in each such
complaint;
(2) inform the INTERPOL General Secretariat about incidents
in which member countries abuse INTERPOL communications for
politically motivated or other unlawful purposes so that, as
appropriate, action can be taken by INTERPOL; and
(3) request to censure member countries that repeatedly
abuse and misuse INTERPOL's red notice and red diffusion
mechanisms, including restricting the access of those
countries to INTERPOL's data and information systems.
(e) Report on INTERPOL.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and biannually thereafter for a period
of 4 years, the Attorney General and the Secretary of State,
in consultation with the heads of other relevant United
States Government departments or agencies, shall submit to
the appropriate committees of Congress a report containing an
assessment of how INTERPOL member countries abuse INTERPOL
Red Notices, Diffusions, and other INTERPOL communications
for political motives and other unlawful purposes within the
past three years.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A list of countries that the Attorney General and the
Secretary determine have repeatedly abused and misused the
red notice and red diffusion mechanisms for political
purposes.
(B) A description of the most common tactics employed by
member countries in conducting such abuse, including the
crimes most commonly alleged and the INTERPOL communications
most commonly exploited.
(C) An assessment of the adequacy of INTERPOL mechanisms
for challenging abusive requests, including the Commission
for the Control of INTERPOL's Files (CCF), an assessment of
the CCF's March 2017 Operating Rules, and any shortcoming the
United States believes should be addressed.
(D) A description of how INTERPOL's General Secretariat
identifies requests for red notice or red diffusions that are
politically motivated or are otherwise in violation of
INTERPOL's rules and how INTERPOL reviews and addresses cases
in which a member country has abused or misused the red
notice and red diffusion mechanisms for overtly political
purposes.
(E) A description of any incidents in which the Department
of Justice assesses that United States courts and executive
departments or agencies have relied on INTERPOL
communications in contravention of existing law or policy to
seek the detention of individuals or render judgments
concerning their immigration status or requests for asylum,
with holding of removal, or convention against torture claims
and any measures the Department of Justice or other executive
departments or agencies took in response to these incidents.
(F) A description of how the United States monitors and
responds to likely instances of abuse of INTERPOL
communications by member countries that could affect the
interests of the United States, including citizens and
nationals of the United States, employees of the United
States Government, aliens lawfully admitted for permanent
residence in the United States, aliens who are lawfully
present in the United States, or aliens with pending asylum,
withholding of removal, or convention against torture claims,
though they may be unlawfully present in the United States.
(G) A description of what actions the United States takes
in response to credible information it receives concerning
likely abuse of INTERPOL communications targeting employees
of the United States Government for activities they undertook
in an official capacity.
(H) A description of United States advocacy for reform and
good governance within INTERPOL.
(I) A strategy for improving interagency coordination to
identify and address instances of INTERPOL abuse that affect
the interests of the United States, including international
respect for human rights and fundamental freedoms, citizens
and nationals of the United States, employees of the United
States Government, aliens lawfully admitted for permanent
residence in the United States, aliens who are lawfully
[[Page S7918]]
present in the United States, or aliens with pending asylum,
withholding of removal, or convention against torture claims,
though they may be unlawfully present in the United States.
(3) Form of report.--Each report required under this
subsection shall be submitted in unclassified form, but may
include a classified annex, as appropriate. The unclassified
portion of the report shall be posted on a publicly available
website of the Department of State and of the Department of
Justice.
(4) Briefing.--Not later than 30 days after the submission
of each report under paragraph (1), the Department of Justice
and the Department of State, in coordination with other
relevant United States Government departments and agencies,
shall brief the appropriate committees of Congress on the
content of the reports and recent instances of INTERPOL abuse
by member countries and United States efforts to identify and
challenge such abuse, including efforts to promote reform and
good governance within INTERPOL.
(f) Prohibition Regarding Basis for Extradition.--No United
States Government department or agency may extradite an
individual based solely on an INTERPOL Red Notice or
Diffusion issued by another INTERPOL member country for such
individual.
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives.
(2) INTERPOL communications.--The term ``INTERPOL
communications'' means any INTERPOL Notice or Diffusion or
any entry into any INTERPOL database or other communications
system maintained by INTERPOL.
______
SA 4401. Mr. THUNE (for Mr. Rounds (for himself, Ms. Sinema, Mr.
Cotton, Mr. Cramer, Mr. Kelly, Mr. King, Mr. Peters, Ms. Rosen, Mr.
Portman, Mr. Braun, and Mr. Daines)) submitted an amendment intended to
be proposed to amendment SA 3867 submitted by Mr. Reed and intended to
be proposed to the bill H.R. 4350, to authorize appropriations for
fiscal year 2022 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. MCCAIN-MANSFIELD FELLOWSHIP PROGRAM.
(a) Definitions.--In this section--
(1) the term ``eligible individual'' means an individual
who meets the eligibility criteria established under
subsection (d)(1)(A);
(2) the term ``Program'' means the McCain-Mansfield
Fellowship Program established under subsection (b); and
(3) the term ``Sergeant at Arms'' means the Sergeant at
Arms and Doorkeeper of the Senate.
(b) Establishment.--Not later than December 31, 2023, and
subject to the availability of appropriations, the Sergeant
at Arms shall establish a fellowship program to be known as
the McCain-Mansfield Fellowship Program for wounded or
disabled veterans.
(c) Fellowships.--Under the Program, an eligible individual
may serve a 24-month fellowship in the office of a Senator.
(d) Administration.--
(1) In general.--The Committee on Rules and Administration
of the Senate shall promulgate regulations for the
administration of the Program, including establishing the
criteria for--
(A) eligibility to participate in a fellowship under the
Program; and
(B) a method of prioritizing the assignment of fellowships
to the offices of Senators under the Program, if the amount
made available to carry out the Program for a fiscal year is
not enough to provide fellowships in all offices requesting
to participate in the Program for such fiscal year.
(2) Placement.--An eligible individual may serve in a
fellowship under the Program at the office of a Senator in
the District of Columbia or at a State office of the Senator.
(3) Authority for agreement.--The Sergeant at Arms may
enter into an agreement with the Chief Administrative Officer
of the House of Representatives for the joint operation of
the Program, the Congressional Gold Star Family Fellowship
Program established under House Resolution 107, 116th
Congress, agreed to October 29, 2019, and the Wounded Warrior
Fellowship Program carried out by the Chief Administrative
Officer.
(e) Exclusion of Appointees for Purposes of Compensation
Limits.--The compensation paid to any eligible individual
serving in a fellowship under the Program in the office of a
Senator shall not be included in the determination of the
aggregate gross compensation for employees employed by the
Senator under section 105(d)(1) of the Legislative Branch
Appropriation Act, 1968 (20 U.S.C. 4575(d)(1)).
______
SA 4402. Mr. SULLIVAN (for himself and Mr. Tillis) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. REPORT ON ABILITY OF DEPARTMENT OF DEFENSE TO
INTERDICT OR BLOCKADE CERTAIN VESSELS IN THE
SOUTH AND EAST CHINA SEAS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the ability of the Department of Defense, in the event of
hostilities between the United States and the People's
Republic of China, to interdict or blockade civilian merchant
shipping vessels transiting the South and East China Seas
under the flag of the People's Republic of China.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of each of the following:
(A) The number of such vessels that transit the South and
East China Seas annually.
(B) The annual percentage of trade by the People's Republic
of China that is conducted through the South and East China
Seas by such vessels.
(C) The maritime choke points in the South and East China
Seas that are most important to the People's Republic of
China.
(D) The capacity and capability of the Department--
(i) to execute a blockade of such vessels around maritime
choke points in the South and East China Seas; and
(ii) to otherwise interdict such vessels.
(E) The manner in which the granting or rejection of
basing, overflight, or transit rights by countries bordering
the South and East China Seas would affect the ability of the
Department to interdict or blockade such vessels.
(2) A description of any instance of Department-funded
wargames in which the United States or the People's Republic
of China initiated any type of blockade, including the
lessons learned from any such instance and the views of the
game participants.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form and include a classified
annex.
______
SA 4403. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1264. CHINESE DEBT STUDY.
(a) Reports.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter, the Secretary
of State, working through the Under Secretary of State for
Economic Affairs, shall direct each United States embassy to
prepare a report outlining Chinese equity and assets within
their respective countries of operation.
(b) Contents.--Each report prepared pursuant to subsection
(a) shall include, with respect to the indebted country--
(1) an assessment of the country's overall debt obligations
to the People's Republic of China;
(2) a list of known infrastructure projects that are
financed from capital provided by--
(A) the banking system of the People's Republic of China,
including--
(i) policy banks, including--
(I) the China Development Bank;
(II) the Export-Import Bank of China; and
(III) the Agricultural Development Bank of China;
(ii) commercial banks owned by the Government of the
People's Republic of China, including--
(I) the Bank of China;
(II) the Industrial and Commercial Bank of China;
(III) the Agricultural Bank of China;
(IV) the China Construction Bank; and
(V) the Bank of Communications Limited;
(iii) sovereign wealth funds, including--
(I) China Investment Corporation;
(II) China Life Insurance Company;
(III) China National Social Security Fund; and
(IV) the Silk Road Fund;
(iv) urban commercial banks; and
(v) rural financial institutions;
(B) international financing institutions, including--
(i) the World Bank Group;
(ii) the Asian Development Bank;
(iii) the Asian Infrastructure Investment Bank; and
[[Page S7919]]
(iv) the New Development Bank; and
(C) any other financial institution or entity the Secretary
of State considers appropriate;
(3) an assessment of which known infrastructure projects
included in the list described in paragraph (2) are projects
under the Belt and Road Initiative;
(4) any domestic vulnerabilities that the debts referred to
in paragraph (1) could exacerbate in such country;
(5) a list of collateral for debts incurred by Belt and
Road Initiative projects described in paragraph (3); and
(6) a list of known assets in the country that are owned by
entities controlled by the Government of the People's
Republic of China, including telecommunications and critical
infrastructure.
(c) Submission; Compilation.--
(1) Staffing.--Each diplomatic post shall designate at
least 1 employee--
(A) to monitor the investments of the entities referred to
in subsection (b)(2); and
(B) to compile the reports required under subsection (a).
(2) Submission.--Not later than 120 days after receiving
each directive described in subsection (a), the ambassador or
charge d'affaires of each embassy shall submit a report
containing the information described in subsection (b) to the
Under Secretary of State for Economic Growth.
(3) Compilation.--The Under Secretary of State for Economic
Growth shall annually compile the information contained in
the reports submitted pursuant to paragraph (2) to create a
centralized database of information about Chinese capital
investments in the developing world.
(d) Notifications; Annual Report.--
(1) Notifications.--After the submission of the initial
reports pursuant to subsection (c)(2), the Under Secretary of
State for Economic Growth require that the employees
designated under subsection (c)(1), under the supervision of
the ambassador or charge d'affaires of the diplomatic post to
which they are assigned, to notify the Under Secretary not
later than 30 days after the date on which the employee
discovers that an entity referred to in subsection (b)(2) has
made a new investment in an infrastructure project in the
country in which such diplomatic post is located.
(2) Annual report.--The ambassador or charge d'affaires of
each embassy shall submit a holistic annual report to the
Under Secretary of State for Economic Growth that contains
information about all investments in infrastructure projects
made in the country in which such embassy is located by any
entity referred to in subsection (b)(2) during the 1-year
period immediately preceding such submission.
(e) Use of Information.--The Under Secretary of State for
Economic Growth, in consultation with the Under Secretary of
State for Political Affairs, shall utilize the information in
the database compiled pursuant to subsection (c)(2) to
provide guidance to the leadership and staff of relevant
embassies to counter the influence of the People's Republic
of China in the indebted countries.
______
SA 4404. Mr. KELLY submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. LAND TAKEN INTO TRUST FOR BENEFIT OF THE GILA
RIVER INDIAN COMMUNITY.
(a) Definitions.--In this section:
(1) Blackwater trading post land.--The term ``Blackwater
Trading Post Land'' means the approximately 55.3 acres of
land as depicted on the map that--
(A) is located in Pinal County, Arizona, and bordered by
Community land to the east, west, and north and State Highway
87 to the south; and
(B) is owned by the Community.
(2) Community.--The term ``Community'' means the Gila River
Indian Community of the Reservation.
(3) Map.--The term ``map'' means the map entitled ``Results
of Survey, Ellis Property, A Portion of the West \1/2\ of
Section 12, Township 5 South, Range 7 East, Gila and Salt
River Meridian, Pinal County, Arizona'' and dated October 15,
2012.
(4) Reservation.--The term ``Reservation'' means the land
located within the exterior boundaries of the reservation
created under sections 3 and 4 of the Act of February 28,
1859 (11 Stat. 401, chapter LXVI), and Executive orders of
August 31, 1876, June 14, 1879, May 5, 1882, November 15,
1883, July 31, 1911, June 2, 1913, August 27, 1914, and July
19, 1915, and any other lands placed in trust for the benefit
of the Community.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Land Taken Into Trust for Benefit of the Gila River
Indian Community.--
(1) In general.--The Secretary shall take the Blackwater
Trading Post Land into trust for the benefit of the
Community, after the Community--
(A) conveys to the Secretary all right, title, and interest
of the Community in and to the Blackwater Trading Post Land;
(B) submits to the Secretary a request to take the
Blackwater Trading Post Land into trust for the benefit of
the Community;
(C) conducts a survey (to the satisfaction of the
Secretary) to determine the exact acreage and legal
description of the Blackwater Trading Post Land, if the
Secretary determines a survey is necessary; and
(D) pays all costs of any survey conducted under
subparagraph (C).
(2) Availability of map.--Not later than 180 days after the
Blackwater Trading Post Land is taken into trust under
paragraph (1), the map shall be on file and available for
public inspection in the appropriate offices of the
Secretary.
(3) Lands taken into trust part of reservation.--After the
date on which the Blackwater Trading Post Land is taken into
trust under paragraph (1), the land shall be treated as part
of the Reservation.
(4) Gaming.--Class II and class III gaming under the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be
allowed at any time on the land taken into trust under
paragraph (1).
(5) Description.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall cause the full
metes-and-bounds description of the Blackwater Trading Post
Land to be published in the Federal Register. The description
shall, on publication, constitute the official description of
the Blackwater Trading Post Land.
______
SA 4405. Mr. PETERS submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. 16__. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS WITH
INTERNET ECOSYSTEM COMPANIES TO DETECT AND
DISRUPT ADVERSARY CYBER OPERATIONS.
(a) Pilot Required.--Not later than one year after the date
of the enactment of this Act, the Secretary shall, acting
through the Director of the Cybersecurity and Infrastructure
Security Agency and in coordination with the Secretary of
Defense and National Cyber Director, establish and commence a
pilot program to assess the feasibility and advisability of
entering into public-private partnerships with internet
ecosystem companies to facilitate, within the bounds of the
applicable provisions of law and companies' terms of service,
policies, procedures, contracts, and other agreements,
actions by such companies to discover and disrupt use of the
platforms, systems, services, and infrastructure of such
companies by malicious cyber actors.
(b) Public-private Partnerships.--
(1) In general.--Under the pilot program required by
subsection (a), the Secretary shall seek to enter into one or
more public-private partnerships with internet ecosystem
companies to facilitate actions as described in subsection
(a).
(2) Voluntary participation.--(A) Participation by an
internet ecosystem company in a public-private partnership
under the pilot program shall be voluntary.
(B) Participation by an internet ecosystem company in any
activity under the pilot program set forth in subsection (c),
or otherwise occurring under the pilot program, shall be
voluntary.
(C) No funds appropriated by any Act may be used to direct,
pressure, coerce, or otherwise require that any internet
ecosystem company take any action on their platforms,
systems, services, and infrastructure as part of this pilot
program.
(c) Authorized Activities.--In establishing and conducting
the pilot program under subsection (a), the Secretary may--
(1) provide assistance to a participating company in
developing effective know-your-customer processes and
requirements;
(2) provide information, analytics, and technical
assistance to improve the ability of participating companies
to detect and prevent illicit or suspicious procurement,
payment, and account creation on their own platforms,
systems, services, or infrastructure;
(3) develop and socialize best practices for the
collection, retention, and sharing of data by participating
companies to support internet ecosystem company discovery of
malicious cyber activity, investigations, and attribution on
their own platforms, systems, services, or infrastructure;
(4) provide actionable, timely, and relevant information to
participating companies, such as information about ongoing
operations and infrastructure, threats, tactics, and
procedures, and indicators of compromise, to enable such
companies to detect and disrupt the use of their platforms,
systems, services, and infrastructure by malicious cyber
actors;
(5) provide recommendations for (but not design, develop,
install, operate, or maintain) operational workflows,
assessment and
[[Page S7920]]
compliance practices, and training that participating
internet ecosystem companies can institute within their
companies to reliably detect and disrupt the use of their
platforms, systems, services, and infrastructure by malicious
cyber actors;
(6) provide recommendations for accelerating, to the
greatest extent practicable, the automation of existing or
instituted operational workflows to operate at line-rate in
order to enable real-time mitigation without the need for
manual review or action;
(7) provide recommendations for (but not design, develop,
install, operate, or maintain) technical capabilities to
enable participating internet ecosystem companies to collect
and analyze data on malicious activities occurring on their
platforms, systems, services, and infrastructure to detect
and disrupt operations of malicious cyber actors; and
(8) provide recommendations regarding relevant mitigations
for suspected or discovered malicious cyber activity and
thresholds for action.
(d) Competition Concerns.--Consistent with section 1905 of
title 18, United States Code, the Secretary shall ensure that
any trade secret or proprietary information of a
participating internet ecosystem company made known to the
Federal Government pursuant to a public-private partnership
under the pilot program remains private and protected unless
explicitly authorized by the participating company.
(e) Impartiality.--In carrying out the pilot program under
subsection (a), the Secretary shall not take any action that
is intended primarily to advance the particular business
interests of a given company but are otherwise authorized to
take actions that advance the interests of the United States,
notwithstanding differential impact or benefit to a given
company's or given companies' business interests.
(f) Responsibilities.--
(1) Secretary of homeland security.--The Secretary shall
exercise primary responsibility for the pilot program
required by subsection (a), organizing and directing
authorized activities with participating Federal Government
organizations and internet ecosystem companies to achieve the
objectives of the pilot program.
(2) National cyber director.--The National Cyber Director
shall support prioritization and cross-agency coordination
for the pilot program required by subsection (a), including
ensuring appropriate participation by participating agencies
and the identification and prioritization of key private
sector entities and initiatives for the pilot program.
(3) Secretary of defense.--The Secretary of Defense shall
provide support and resources to the pilot program required
by subsection (a), including the provision of technical and
operational expertise drawn from appropriate and relevant
components of the Department of Defense, including the
National Security Agency, United States Cyber Command, the
Chief Information Officer, the Office of the Secretary of
Defense, military department Principal Cyber Advisors, and
the Defense Advanced Research Projects Agency.
(g) Participation of Other Federal Government Components.--
The Secretary may invite to participate in the pilot program
required by subsection (a) the heads of such departments or
agencies as the Secretary considers appropriate.
(h) Integration With Other Efforts.--The Secretary shall
ensure that the pilot program makes use of, builds upon, and,
as appropriate, integrates with and does not duplicate other
efforts of the Department of Homeland Security and the
Department of Defense relating to cybersecurity, including
the following:
(1) The Joint Cyber Defense Collaborative of the
Cybersecurity and Infrastructure Security Agency.
(2) The Cybersecurity Collaboration Center and Enduring
Security Framework of the National Security Agency.
(i) Rules of Construction.--
(1) Limitation on government access to data.--Nothing in
this section authorizes sharing of information, including
information relating to customers of internet ecosystem
companies or private individuals, from an internet ecosystem
company to an agency, officer, or employee of the Federal
Government unless otherwise authorized by another provision
of law and the Secretary shall ensure compliance with this
subsection.
(2) Stored communications act.--Nothing in this section
shall be construed to permit or require disclosure by a
provider of a remote computing service or a provider of an
electronic communication service to the public of information
not otherwise permitted or required to be disclosed under
chapter 121 of title 18, United States Code (commonly known
as the ``Stored Communications Act'').
(3) Third party customers.--Nothing in this section shall
be construed to require a third party, such as a customer or
managed service provider of an internet ecosystem company, to
participate in the pilot program.
(j) Briefings.--
(1) Initial.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall, in
coordination with the Secretary of Defense and the National
Cyber Director, brief the appropriate committees of Congress
on the pilot program required by subsection (a).
(B) Elements.--The briefing required by subparagraph (A)
shall include the following:
(i) The plans of the Secretary for the conduct of the pilot
program under subsection (a).
(ii) Identification of key priorities for the pilot
program.
(iii) Identification of any potential challenges in
standing up the pilot program or impediments to private
sector participation in the program, such as a lack of
liability protection.
(iv) A description of the roles and responsibilities under
the pilot program of each participating Federal entity.
(2) Annual.--
(A) In general.--Not later than two years after the date of
the enactment of this Act, and annually thereafter for three
years, the Secretary shall, in coordination with the
Secretary of Defense and the National Cyber Director, brief
the appropriate committees of Congress on the progress of the
pilot program required by subsection (a).
(B) Elements.--Each briefing required by subparagraph (A)
shall include the following:
(i) Recommendations for addressing relevant policy,
budgetary, and legislative gaps to make the pilot program
more effective.
(ii) Such recommendations as the Secretary may have for
increasing private sector participation in the pilot program,
such as providing liability protection.
(iii) A description of the challenges encountered in
carrying out subsection (a), including any concerns expressed
by private sector partners regarding participation in the
pilot program.
(iv) The findings of the Secretary with respect to the
feasibility and advisability of extending or expanding the
pilot program
(v) Such other matters as the Secretary considers
appropriate.
(k) Termination.--The pilot program required by subsection
(a) shall terminate on the date that is five years after the
date of the enactment of this Act.
(l) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services of the Senate;
and
(B) the Committee on Homeland Security and the Committee on
Armed Services of the House of Representatives.
(2) The term ``internet ecosystem company'' means a
business incorporated in the United States that provide
cybersecurity services, internet service, content delivery
services, Domain Name Service, cloud services, mobile
telecommunications services, email and messaging services,
internet browser services, or such other services as the
Secretary determines appropriate for the purposes of the
pilot program required by subsection (a).
(3) The term ``participating company'' means an internet
ecosystem company that has entered into a public-private
partnership with the Secretary under subsection (b).
(4) The term ``Secretary'' means the Secretary of Homeland
Security.
______
SA 4406. Mrs. SHAHEEN (for herself, Mr. Kelly, and Ms. Hirono)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1216. ADDITIONAL VISAS UNDER AFGHAN SPECIAL IMMIGRANT
VISA PROGRAM.
Section 602(b)(3)(F) of the Afghan Allies Protection Act of
2009 (Public Law 111-8; 8 U.S.C. 1101 note) is amended, in
the matter preceding clause (i), by striking ``34,500'' and
inserting ``38,500''.
______
SA 4407. Mrs. SHAHEEN (for herself, Mr. Portman, and Mr. Durbin)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1264. REPORTS ON JOINT STATEMENT OF THE UNITED STATES
AND GERMANY ON SUPPORTING UKRAINE, EUROPEAN
ENERGY SECURITY, AND CLIMATE GOALS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States remains opposed to the completion of
the Nord Stream 2 pipeline, which threatens the energy
security of many European allies;
(2) the United States is concerned by recent efforts by the
Russian Federation to
[[Page S7921]]
weaponize gas supplies to advance its geopolitical agenda and
exploit the vulnerabilities of Eastern European companies;
and
(3) the Government of Germany must make every effort--
(A) to act upon all deliverables outlined in the joint
statement reached between the United States and Germany on
July 15, 2021;
(B) to apply sanctions with respect to the Russian
Federation for any malign activity that weaponizes gas
supplies to European allies; and
(C) to comply with the regulatory framework under the
European Union's Third Energy Package with respect to Nord
Stream 2.
(b) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and every 90 days thereafter
through September 30, 2023, the Secretary of State shall
submit to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives a report on the implementation of the United
States-Germany climate and energy joint statement announced
by the President on July 15, 2021.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A description of efforts undertaken by Germany to
execute the elements of such joint statement, including
efforts--
(i) to implement assistance programs that--
(I) support energy diversification in Ukraine; and
(II) commit funding to, and mobilize investments toward,
sustainable energy;
(ii) to support Ukraine in negotiations with Gazprom to
extend the current transit agreement; and
(iii) to engage more deeply in the Minsk Agreements and the
Normandy Format for a political solution to the Russian
Federation's illegal occupation of Crimea.
(B) An assessment of activities by the United States and
Germany to advance and provide funding for the Three Seas
Initiative.
(C) A description of any activity of, or supported by, the
Government of the Russian Federation--
(i) to weaponize the gas supplies of the Russian Federation
so as to exert political pressure upon any European country;
(ii) to withhold gas supplies for the purpose of extracting
excessive profit over European customers; or
(iii) to seek exemption from the European Union's Third
Energy Package regulatory framework.
______
SA 4408. Mrs. SHAHEEN (for herself, Ms. Collins, Mr. Warner, Mr.
Rubio, Mr. Risch, Mr. Menendez, and Mr. Durbin) submitted an amendment
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and
intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 1053 and insert the following:
SEC. 1053. ANOMALOUS HEALTH INCIDENTS.
(a) Definitions.--In this section:
(1) Agency coordination lead.--The term ``Agency
Coordination Lead'' means a senior official designated by the
head of a relevant agency to serve as the Anomalous Health
Incident Agency Coordination Lead for such agency.
(2) Appropriate national security committees.--The term
``appropriate national security committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(E) the Committee on the Judiciary of the Senate;
(F) the Committee on Armed Services of the House of
Representatives;
(G) the Committee on Foreign Affairs of the House of
Representatives;
(H) the Permanent Select Committee on Intelligence of the
House of Representatives;
(I) the Committee on Homeland Security of the House of
Representatives; and
(J) the Committee on the Judiciary of the House of
Representatives.
(3) Interagency coordinator.--The term ``Interagency
Coordinator'' means the Anomalous Health Incidents
Interagency Coordinator designated pursuant to subsection
(b)(1).
(4) Relevant agencies.--The term ``relevant agencies''
means--
(A) the Department of Defense;
(B) the Department of State;
(C) the Office of the Director of National Intelligence;
(D) the Department of Justice;
(E) the Department of Homeland Security; and
(F) other agencies and bodies designated by the Interagency
Coordinator.
(b) Anomalous Health Incidents Interagency Coordinator.--
(1) Designation.--Not later than 30 days after the date of
the enactment of this Act, the President shall designate an
appropriate senior official as the ``Anomalous Health
Incidents Interagency Coordinator'', who shall work through
the President's designated National Security process--
(A) to coordinate the United States Government's response
to anomalous health incidents;
(B) to coordinate among relevant agencies to ensure
equitable and timely access to assessment and care for
affected personnel, dependents, and other appropriate
individuals;
(C) to ensure adequate training and education for United
States Government personnel; and
(D) to ensure that information regarding anomalous health
incidents is efficiently shared across relevant agencies in a
manner that provides appropriate protections for classified,
sensitive, and personal information.
(2) Designation of agency coordination leads.--
(A) In general.--The head of each relevant agency shall
designate a Senate-confirmed or other appropriate senior
official, who shall--
(i) serve as the Anomalous Health Incident Agency
Coordination Lead for the relevant agency;
(ii) report directly to the head of the relevant agency
regarding activities carried out under this section;
(iii) perform functions specific to the relevant agency,
consistent with the directives of the Interagency Coordinator
and the established interagency process;
(iv) participate in interagency briefings to Congress
regarding the United States Government response to anomalous
health incidents; and
(v) represent the relevant agency in meetings convened by
the Interagency Coordinator.
(B) Delegation prohibited.--An Agency Coordination Lead may
not delegate the responsibilities described in clauses (i)
through (v) of subparagraph (A).
(3) Secure reporting mechanisms.--Not later than 90 days
after the date of the enactment of this Act, the Interagency
Coordinator shall--
(A) ensure that agencies develop a process to provide a
secure mechanism for personnel, their dependents, and other
appropriate individuals to self-report any suspected exposure
that could be an anomalous health incident;
(B) ensure that agencies share all relevant data with the
Office of the Director of National Intelligence through
existing processes coordinated by the Interagency
Coordinator; and
(C) in establishing the mechanism described in subparagraph
(A), prioritize secure information collection and handling
processes to protect classified, sensitive, and personal
information.
(4) Briefings.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act, and quarterly thereafter for the
following 2 years, the Agency Coordination Leads shall
jointly provide a briefing to the appropriate national
security committees regarding progress made in achieving the
objectives described in paragraph (1).
(B) Elements.--The briefings required under subparagraph
(A) shall include--
(i) an update on the investigation into anomalous health
incidents impacting United States Government personnel and
their family members, including technical causation and
suspected perpetrators;
(ii) an update on new or persistent incidents;
(iii) threat prevention and mitigation efforts to include
personnel training;
(iv) changes to operating posture due to anomalous health
threats;
(v) an update on diagnosis and treatment efforts for
affected individuals, including patient numbers and wait
times to access care;
(vi) efforts to improve and encourage reporting of
incidents;
(vii) detailed roles and responsibilities of Agency
Coordination Leads;
(viii) information regarding additional authorities or
resources needed to support the interagency response; and
(ix) other matters that the Interagency Coordinator or the
Agency Coordination Leads consider appropriate.
(C) Unclassified briefing summary.--The Agency Coordination
Leads shall provide a coordinated, unclassified summary of
the briefings to Congress, which shall include as much
information as practicable without revealing classified
information or information that is likely to identify an
individual.
(5) Retention of authority.--The appointment of the
Interagency Coordinator shall not deprive any Federal agency
of any authority to independently perform its authorized
functions.
(6) Rule of construction.--Nothing in this subsection may
be construed to limit--
(A) the President's authority under article II of the
United States Constitution; or
(B) the provision of health care and benefits to afflicted
individuals, consistent with existing laws.
(c) Development and Dissemination of Workforce Guidance.--
The President shall direct relevant agencies to develop and
disseminate to their employees, not later than 30 days after
the date of the enactment of this Act, updated workforce
guidance that describes--
[[Page S7922]]
(1) the threat posed by anomalous health incidents;
(2) known defensive techniques; and
(3) processes to self-report suspected exposure that could
be an anomalous health incident.
______
SA 4409. Mrs. SHAHEEN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. 14106. OFFICE OF GLOBAL WOMEN'S ISSUES.
(a) Sense of Congress.--It is the sense of Congress that
the Office of Global Women's Issues (referred to in this
section as the ``Office'') in the Department of State
(referred to in this section as the ``Department'') should--
(1) be headed by the Ambassador-at-Large for Global Women's
Issues, who should be appointed by the President, by and with
the advice and consent of the Senate;
(2) coordinate, under the direction of the Secretary of
State (referred to in this section as the ``Secretary''), the
United States foreign policy efforts to promote gender
equality and the rights and empowerment of women and girls in
United States diplomacy, partnerships, and programs;
(3) serve as the principal advisor to the Secretary
regarding gender equality, women's and girls' empowerment,
and violence against women and girls as a priority of United
States foreign policy;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the status of women
and girls;
(5) advise the Secretary and provide input on all
activities, policies, programs, and funding relating to
gender equality and the advancement of women and girls
internationally for all bureaus and offices of the Department
and in the international programs of all other Federal
agencies;
(6) work to ensure that efforts to advance gender equality
and women's and girls' empowerment are fully integrated into
the programs, structures, processes, and capacities of all
bureaus and offices of the Department and in the
international programs of other Federal agencies; and
(7) conduct regular consultations with civil society
organizations that are working to advance gender equality and
empower women and girls internationally.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report or
provide a briefing to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives regarding the efforts of the Office to
carry out the duties described in subsection (a).
______
SA 4410. Mr. PETERS (for himself and Ms. Collins) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title III, add the following:
SEC. 356. DEPARTMENT OF DEFENSE TRANSPARENCY REGARDING
RESEARCH RELATING TO PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES.
(a) In General.--The Secretary of Defense shall--
(1) support research efforts relating to perfluoroalkyl or
polyfluoroalkyl substances; and
(2) establish practices to ensure the timely and complete
dissemination of research findings and related data relating
to perfluoroalkyl or polyfluoroalkyl substances to the
general public.
(b) Publication of Information.--Beginning not later than
30 days after the date of the enactment of this Act,
Secretary of Defense shall publish on the publicly available
website established under section 331(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 10 U.S.C. 2701 note) timely and regularly updated
information on the research efforts of the Department of
Defense relating to perfluoroalkyl or polyfluoroalkyl
substances, which shall include the following:
(1) A description of any research collaborations and data
sharing by the Department with the Department of Veterans
Affairs, the Agency for Toxic Substances and Disease
Registry, or any other agency (as defined in section 551
title 5, United States Code), States, academic institutions,
nongovernmental organizations, or any other entity.
(2) Regularly updated information on research projects
supported or conducted by the Department of Defense
pertaining to the development, testing, and evaluation of a
fluorine-free firefighting foam or any other alternative to
aqueous film forming foam that contains perfluoroalkyl or
polyfluoroalkyl substances.
(3) Regularly updated information on research projects
supported or conducted by the Department pertaining to the
health effects of perfluoroalkyl or polyfluoroalkyl
substances, including information relating to the impact of
such substances on firefighters, veterans, and military
families.
(4) Regularly updated information on research projects
supported or conducted by the Department pertaining to
treatment options for drinking water, surface water, ground
water, and the safe disposal of perfluoroalkyl or
polyfluoroalkyl substances.
(5) Budget information, including specific spending
information for the research projects relating to
perfluoroalkyl or polyfluoroalkyl substances that are
supported or conducted by the Department.
(6) Such other matters as may be relevant to ongoing
research projects supported or conducted by the Department to
address the use of perfluoroalkyl or polyfluoroalkyl
substances and the health effects of the use of such
substances.
(c) Disaggregation of Information.--To the degree
applicable, all of the information made published under
subsection (b) shall be disaggregated by State, congressional
district, component of the Department, military installation
name, and military installation type.
(d) Format.--The information published under subsection (b)
shall be made available in a downloadable, machine-readable,
open, and a user-friendly format.
(e) Definitions.--In this section:
(1) The term ``military installation'' includes active,
inactive, and former military installations.
(2) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully
fluorinated carbon atoms.
(3) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
______
SA 4411. Mr. PETERS submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XI, add the following:
SEC. 1110. WHISTLEBLOWER PROTECTIONS FOR EMPLOYEES OF
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) In General.--Section 2105(c)(1) of title 5, United
States Code, is amended--
(1) in subparagraph (D), by striking ``or'' at the end; and
(2) by adding at the end the following:
``(F) alleged violations of paragraph (8) or subparagraph
(A)(i), (B), (C), or (D) of paragraph (9) of section 2302(b),
which shall be received, investigated, adjudicated, and
subject to judicial review under the procedures, legal
burdens of proof, and remedies provided for under this title;
or''.
(b) Conforming Amendments.--
(1) Section 2302(a)(2)(C) of title 5, United States Code,
is amended in the matter preceding clause (i) by inserting
``and, in the case of an alleged prohibited personnel
practice described under paragraph (8) or subparagraph
(A)(i), (B), (C), or (D) of paragraph (9) of subsection (b),
a nonappropriated fund instrumentality under the jurisdiction
of the Armed Forces,'' after ``Government Publishing
Office,''.
(2) Section 1587 of title 10, United States Code, is
repealed.
(3) The table of sections for chapter 81 of title 10,
United States Code, is amended by striking the item relating
to section 1587.
______
SA 4412. Mr. PETERS submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY
INSPECTORS GENERAL TO SUPPORT THE LEAD IG
MISSION.
Section 8L(d)(5) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in subparagraph (A), by striking ``a lead Inspector
General for'' and inserting ``any Inspector General specified
in subsection (c) for oversight of''; and
[[Page S7923]]
(2) in subparagraph (B), by striking ``2 years'' and
inserting ``4 years''.
______
SA 4413. Mr. PETERS (for himself, Mr. Tester, and Mr. Daines)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. ___. IMPROVING THE REVIEW OF DISCHARGES AND DISMISSALS.
(a) Interagency Discharge Review Board Task Force.--Section
1553 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(g)(1)(A) There is hereby established a task force on the
review of discharges and dismissals under this section.
``(B) The task force established by subparagraph (A) shall
be known as the `Interagency Discharge Review Board Task
Force' (in this subsection the `Task Force').
``(2) The Task Force shall be composed of the following:
``(A) The Assistant Secretary for Manpower and Reserve
Affairs of each military department.
``(B) The Secretary of Veterans Affairs.
``(C) The Assistant Secretary of Defense for Health
Affairs.
``(D) Such other persons as the Chairperson of the Task
Force considers appropriate.
``(3) The Chairperson of the Task Force shall be the Deputy
Under Secretary of Defense for Personnel and Readiness.
``(4)(A) The Task Force shall develop strategies to
increase the efficacy of reviews of discharges and dismissals
under this section.
``(B) In carrying out subparagraph (A), the Task Force
shall analyze the following:
``(i) The structures and processes used under this section
to review discharges and dismissals and how such structures
and processes vary across the military services.
``(ii) Outreach procedures of the Department of Defense for
members of the armed forces and veterans transitioning from
service in the armed forces to civilian life.
``(iii) Decision notification policies of the boards
established under this section.
``(iv) Department of Defense coordination protocols
regarding matters relating to reviews of discharges and
dismissals under this section with State veterans agencies,
the Department of Veterans Affairs, the Department of Housing
and Urban Development, the Department of Health and Human
Services, and veterans service organizations.
``(v) Such other measures as the Task Force determines may
be necessary to ensure continued modernization of the review
of discharges and dismissals under section 1553 of title 10,
United States Code.
``(5) In this subsection, the term `veterans service
organization' means an organization recognized by the
Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38.''.
(b) Annual Reports.--Section 1553 of such title, as amended
by subsection (a), is further amended by adding at the end
the following new subsection:
``(h)(1) Not later than 90 days after the end of each
fiscal year, the task force established by subsection (g)(1)
shall submit to the appropriate committees of Congress a
report on the implementation of this section.
``(2) Each report submitted under paragraph (1) shall
include the following:
``(A) A summary of the activities undertaken by the task
force during the most recent fiscal year.
``(B) The number of motions or requests for review received
during the last fiscal year by a board established under this
section, disaggregated by military service.
``(C) The percentage of such motions and requests that
resulted in a correction to upgrade the characterization of
discharge or dismissal of a former member of the armed
forces.
``(D) The average amount of time between a submittal of a
motion or request described in subparagraph (A) and a final
decision of a board with respect to the motion or request.
``(3) In this subparagraph, the term `appropriate
committees of Congress' means--
``(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.''.
(c) Notice.--Section 1553 of such title, as amended by
subsections (a) and (b), is further amended by adding at the
end the following new subsection:
``(i) Notice.--Not later than 30 days after the date on
which a board established under this section reaches a final
decision with respect to correcting a discharge or dismissal
of a former member of the armed forces, the board shall
transmit to the Secretary of Veterans Affairs, the State
agency of the home of the former member (using the most
current contract information available to the Secretary of
Defense) that has a mission to serve veterans, any legal
professional representing the former member, and the former
member notice of such decision.''.
(d) Preseparation Counseling.--Section 1142(b) of such
title is amended by adding at the end the following new
paragraph:
``(20) A description of the process for review under
section 1553 of this title.''.
______
SA 4414. Mr. PETERS (for himself, Mr. Tester, Mr. Lankford, Mr.
Moran, and Mr. Blunt) submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 576. RECORD OF MILITARY SERVICE FOR MEMBERS OF THE ARMED
FORCES.
(a) Standard Record of Service Required.--Chapter 59 of
title 10, United States Code, is amended by inserting after
section 1168 the following new sections:
``Sec. 1168a. Discharge or release: record of military
service
``(a) Record of Service Required.--
``(1) In general.--The Secretary of Defense shall establish
and implement a standard record of military service for all
members of the active and reserve components of the armed
forces to encompass all duty under this title and titles 32,
and 14.
``(2) Designation.--The record of service shall be known as
the `Certificate of Military Service'.
``(b) Nature and Scope.--The record of service required by
subsection (a) shall--
``(1) consist of a standardized summary of the service on
active duty, inactive duty, annual training, active duty for
training, and State active duty in the armed forces of each
member who serves in the armed forces;
``(2) be the same document for all members of the armed
forces; and
``(3) replace and serve the same function as a discharge
certificate or certificate of release from active duty for
purposes of section 1168 of this title that is performed as
of the date of the enactment of this Act by Department of
Defense Form DD-214.
``(c) Coordination.--In carrying out this section, the
Secretary of Defense shall coordinate with all applicable
stakeholders, including the Secretary of Veterans Affairs, in
order to ensure that the record of service required by
subsection (a) serves as acceptable proof of military service
for receipt of applicable benefits under the laws
administered by such stakeholders.''.
(b) Issuance to Members of Reserve Components.--Chapter 59
of such title, as amended by subsection (a), is further
amended by inserting after section 1168a the following new
section:
``Sec. 1168b. Record of military service: issuance to members
of reserve components
``An up-to-date record of service (as provided for by
section 1168a of this title) shall be issued to members of
the reserve components of the armed forces as follows:
``(1) Upon permanent change to duty status (retirement,
resignation, Expiration Term of Service, commissioning to
officer/warrant officer, or permanent transfer to active
duty).
``(2) Upon discharge or release from temporary active duty
orders (minimum of 90 days on orders or 30 days for a
contingency operation).
``(3) Upon promotion to each grade (starting at O-3 for
commissioned officers, W-3 for warrant officers, and E-4 for
enlisted members).
``(4) In the case of a member of the National Guard, upon
any transfer to the National Guard of another State or
territory (commonly referred to as an `Interstate
Transfer').''.
(c) Conforming Amendments Related to Current Discharge
Certificate Authorities.--
(1) In general.--Subsection (a) of section 1168 of title
10, United States Code, is amended--
(A) by striking ``his discharge certificate or certificate
of release from active duty, respectively, and his final
pay'' and inserting ``the member's record or military service
(as provided for by section 1168a of this title), and the
member's final pay''; and
(B) by striking ``him or his'' and inserting ``the member
or the member's''.
(2) Heading amendment.--The heading of such section 1168 is
amended to read as follows:
``Sec. 1168. Discharge or release from active duty:
limitations; issuance of record of military service''.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 59 of such title is amended by striking
the item relating to section 1168 and inserting the following
new items:
``1168. Discharge or release from active duty: limitations; issuance of
record of military service.
``1168a. Discharge or release: record of military service.
``1168b. Record of military service: issuance to members of reserve
components.''.
______
SA 4415. Mr. PETERS (for himself, Mrs. Blackburn, Mr. Tester, and Mr.
[[Page S7924]]
Padilla) submitted an amendment intended to be proposed by him to the
bill H.R. 4350, to authorize appropriations for fiscal year 2022 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VI, add the following:
SEC. 6__. REDUCED RETIREMENT ELIGIBILITY AGE FOR CERTAIN
MEMBERS OF READY RESERVE CALLED TO ACTIVE DUTY
FOR CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND
NUCLEAR (CBRN) RESPONSE MISSIONS.
Section 12731(f) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting ``or (3)'' after
``paragraph (2)'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) In the case of a person who as a member of the
Ready Reserve performs active service described in
subparagraph (B) after March 1, 2009, the eligibility age for
purposes of subsection (a)(1) shall be reduced, subject to
subparagraph (D), below 60 years of age by three months for
each aggregate of 90 days on which such person performs such
active service in any fiscal year after March 1, 2009. A day
of duty may be included in only one aggregate of 90 days for
purposes of this subparagraph.
``(B) Active service described in this subparagraph is
service under a call to active duty authorized by the
President or the Secretary of Defense under section 502(f) of
title 32 with a chemical, biological, radiological, and
nuclear (CBRN) response mission in the continental United
States, including the Chemical, Biological, Radiological,
Nuclear, and High Yield Explosive (CBRNE) Consequence
Management Reaction Force (CCMRF)/Command and Control CBRN
Response Element-Bravo (C2CRE-B) mission.
``(C) If a member described in subparagraph (A) is wounded
or otherwise injured or becomes ill while serving on active
duty pursuant to a call or order to active duty described in
subparagraph (B), and the member is then ordered to active
duty under section 12301(h)(1) of this title to receive
medical care for the wound, injury, or illness, each day of
active duty under that order for medical care shall be
treated as a continuation of the original call or order to
active duty for purposes of reducing the eligibility age of
the member under this paragraph.
``(D) The eligibility age for purposes of subsection (a)(1)
may not be reduced below 50 years of age for any person under
subparagraph (A).''; and
(4) in paragraph (4), as redesignated by paragraph (2), by
inserting ``or (3)'' after ``paragraph (2)''.
______
SA 4416. Mr. COONS submitted an amendment intended to be proposed by
him to the bill H.R. 4350, to authorize appropriations for fiscal year
2022 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. COMMERCIALIZATION ACTIVITIES IN THE SBIR AND STTR
PROGRAMS.
(a) Improvements to Commercialization Selection.--
(1) In general.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended--
(A) in subsection (g)--
(i) in paragraph (4)(B)(i), by striking ``1 year'' and
inserting ``180 days'';
(ii) in paragraph (11), by striking ``and'' at the end;
(iii) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(13) with respect to peer review carried out under the
SBIR program, to the extent practicable, include in the peer
review--
``(A) the likelihood of commercialization in addition to
scientific and technical merit and feasibility; and
``(B) not less than 1 reviewer with commercialization
expertise who is capable of assessing the likelihood of
commercialization.'';
(B) in subsection (o)--
(i) in paragraph (4)(B)(i), by striking ``1 year'' and
inserting ``180 days'';
(ii) in paragraph (15), by striking ``and'' at the end;
(iii) in paragraph (16), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(17) with respect to peer review carried out under the
STTR program, to the extent practicable, include in the peer
review--
``(A) the likelhood of commercialization in addition to
scientific and technical merit and feasibility; and
``(B) not less than 1 reviewer with commercialization
expertise who is capable of assessing the likelihood of
commercialization.'';
(C) in subsection (cc)--
(i) by striking ``During fiscal years 2012 through 2022,
the National Institutes of Health, the Department of Defense,
and the Department of Education'' and inserting the
following:
``(1) In general.--During fiscal years 2022 through 2027,
each Federal agency with an SBIR or STTR program''; and
(ii) by adding at the end the following:
``(2) Limitation.--The total value of awards provided by a
Federal agency under this subsection in a fiscal year shall
be--
``(A) except as provided in subparagraph (B), not more than
10 percent of the total funds allocated to the SBIR and STTR
programs of the Federal agency during that fiscal year; and
``(B) with respect to the National Institutes of Health,
not more than 15 percent of the total funds allocated to the
SBIR and STTR programs of the National Institutes of Health
during that fiscal year.
``(3) Extension.--During fiscal years 2026 and 2027, each
Federal agency with an SBIR or STTR program may continue
phase flexibility as described in this subsection only if the
reports required under subsection (tt)(1)(B) have been
submitted to the appropriate committees.'';
(D) in subsection (hh)(2)(A)(i), by inserting ``application
process and requirements'' after ``simplified and
standardized''; and
(E) by adding at the end the following:
``(vv) Technology Commercialization Official.--Each Federal
agency participating in the SBIR or STTR program shall
designate a Technology Commercialization Official in the
Federal agency, who shall--
``(1) have sufficient commercialization experience;
``(2) provide assistance to SBIR and STTR program awardees
in commercializing and transitioning technologies;
``(3) identify SBIR and STTR program technologies with
sufficient technology and commercialization readiness to
advance to Phase III awards or other non-SBIR or STTR program
contracts;
``(4) coordinate with the Technology Commercialization
Officials of other Federal agencies to identify additional
markets and commercialization pathways for promising SBIR and
STTR program technologies;
``(5) submit to the Administration an annual report on the
number of technologies from the SBIR or STTR program that
have advanced commercialization activities, including
information required in the commercialization impact
assessment under subsection (xx);
``(6) submit to the Administration an annual report on
actions taken by the Federal agency, and the results of those
actions, to simplify, standardize, and expedite the
application process and requirements, procedures, and
contracts as required under subsection (hh) and described in
subsection (xx)(E); and
``(7) carry out such other duties as the Federal agency
determines necessary.''.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Small
Business Administration shall submit to the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives
summarizing the metrics relating to and an evaluation of the
authority provided under section 9(cc) of the Small Business
Act, as amended by subsection (a), which shall include the
size and location of the small business concerns receiving
awards under the SBIR or STTR program.
(b) Improvements to Technical and Business Assistance;
Commercialization Impact Assessment; Patent Assistance.--
Section 9 of the Small Business Act (15 U.S.C. 638), as
amended by subsection (a), is amended--
(1) in subsection (q)--
(A) in paragraph (1), in the matter preceding subparagraph
(A)--
(i) by striking ``may enter into an agreement with 1 or
more vendors selected under paragraph (2)(A)'' and inserting
``shall authorize recipients of awards under the SBIR or STTR
program to select, if desired, commercialization activities
provided under subparagraph (A), (B), or (C) of paragraph
(2)''; and
(ii) by inserting ``, cybersecurity assistance'' after
``intellectual property protections'';
(B) in paragraph (2), by adding at the end the following:
``(C) Staff.--A small business concern may, by contract or
otherwise, use funding provided under this section to hire
new staff, augment staff, or direct staff to conduct or
participate in training activities consistent with the goals
listed in paragraph (1).'';
(C) in paragraph (3), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) Phase i.--A Federal agency described in paragraph (1)
shall authorize a recipient of a Phase I SBIR or STTR award
to utilize not more than $6,500 per project, included as part
of the award of the recipient or in addition to the amount of
the award of the recipient as determined appropriate by the
head of the Federal agency, for the services described in
paragraph (1)--
``(i) provided through a vendor selected under paragraph
(2)(A);
``(ii) provided through a vendor other than a vendor
selected under paragraph (2)(A);
``(iii) achieved through the activities described in
paragraph (2)(C); or
``(iv) provided or achieved through any combination of
clauses (i), (ii), and (iii).
``(B) Phase ii.--A Federal agency described in paragraph
(1) shall authorize a recipient of
[[Page S7925]]
a Phase II SBIR or STTR award to utilize not more than
$50,000 per project, included as part of the award of the
recipient or in addition to the amount of the award of the
recipient as determined appropriate by the head of the
Federal agency, for the services described in paragraph (1)--
``(i) provided through a vendor selected under paragraph
(2)(A);
``(ii) provided through a vendor other than a vendor
selected under paragraph (2)(A);
``(iii) achieved through the activities described in
paragraph (2)(C); or
``(iv) provided or achieved through any combination of
clauses (i), (ii), and (iii).''; and
(D) by adding at the end the following:
``(5) Targeted review.--A Federal agency may perform
targeted reviews of technical and business assistance funding
as described in subsection (mm)(1)(F).''; and
(2) by adding at the end the following:
``(ww) I-Corps Participation.--
``(1) In general.--Each Federal agency that is required to
conduct an SBIR or STTR program with an Innovation Corps
(commonly known as `I-Corps') program shall--
``(A) provide an option for participation in an I-Corps
teams course by recipients of an award under the SBIR or STTR
program; and
``(B) authorize the recipients described in subparagraph
(A) to use an award provided under subsection (q) to provide
additional technical assistance for participation in the I-
Corps teams course.
``(2) Cost of participation.--The cost of participation by
a recipient described in paragraph (1)(A) in an I-Corps
course may be provided by--
``(A) an I-Corps team grant;
``(B) funds awarded to the recipient under subsection (q);
``(C) the participating teams or other sources as
appropriate; or
``(D) any combination of sources described in subparagraphs
(A), (B), and (C).
``(xx) Commercialization Impact Assessment.--
``(1) In general.--The Administrator shall coordinate with
each Federal agency with an SBIR or STTR program to develop
an annual commercialization impact assessment report of the
Federal agency, which shall measure, for the 5-year period
preceding the report--
``(A) for Phase II contracts--
``(i) the total amount of sales of new products and
services to the Federal Government or other commercial
markets;
``(ii) the total outside investment from partnerships,
joint ventures, or other private sector funding sources;
``(iii) the total number of technologies licensed to other
companies;
``(iv) the total number of acquisitions of small business
concerns participating in the SBIR program or the STTR
program that are acquired by other entities;
``(v) the total number of new spin-out companies;
``(vi) the total outside investment from venture capital or
angel investments;
``(vii) the total number of patent applications;
``(viii) the total number of patents acquired;
``(ix) the year of first Phase I award and the total number
of employees at time of first Phase I award;
``(x) the total number of employees from the preceding
completed year; and
``(xi) the percent of revenue, as of the date of the
report, generated through SBIR or STTR program funding;
``(B) the total number and value of subsequent Phase II
awards, as described in subsection (bb), awarded for each
particular project or technology;
``(C) the total number and value of Phase III awards
awarded subsequent to a Phase II award;
``(D) the total number and value of non-SBIR and STTR
program Federal awards and contracts; and
``(E) actions taken by the Federal agency, and the results
of those actions, relating to developing a simplified and
standardized application process and requirements,
procedures, and model contracts throughout the Federal agency
for Phase I, Phase II, and Phase III SBIR program awards in
subsection (hh).
``(2) Publication.--A commercialization impact assessment
report described in paragraph (1) of a Federal agency shall
be--
``(A) included in the annual report of the Federal agency
required under this section; and
``(B) published on the website of the Administration.
``(yy) Patent Assistance.--
``(1) Definitions.--In this subsection--
``(A) the term `low bono services' means services provided
at a reduced fee; and
``(B) the term `USPTO' means the United States Patent and
Trademark Office.
``(2) Assistance.--The Administrator shall enter into an
interagency agreement with the USPTO to assist recipients of
an award under the SBIR or STTR program (in this paragraph
referred to as `SBIR and STTR recipients') relating to
intellectual property protection through--
``(A) track one processing, under which the USPTO may--
``(i) allocate--
``(I) not less than 5 percent or 500 track one requests,
whichever is greater, per year to SBIR and STTR recipients on
a first-come, first-served basis; and
``(II) not more than 2 track one requests to an individual
SBIR and STTR recipient, to expedite final disposition on
SBIR and STTR program patent applications; and
``(ii) waive the track one fee requirement for SBIR and
STTR recipients; and
``(B) through the USPTO Patent Pro Bono Program, providing
SBIR and STTR recipients--
``(i) pro bono services if the recipient--
``(I) had a total gross income of more than $150,000 but
less than $5,000,000 in the preceding calendar year, and
expects a total gross income of more than $150,000 but less
than $5,000,000 in the current calendar year;
``(II) is not under any obligation to assign the rights to
the invention to another entity other than the Federal
Government; and
``(III) has not previously received USPTO pro bono or low
bono services; or
``(ii) low bono services if the recipient--
``(I) had a total gross income of more than $5,000,000 but
less than $10,000,000 in the preceding calendar year, and
expects a total gross income of more than $5,000,000 but less
than $10,000,000 in the current calendar year;
``(II) is not under any obligation to assign the rights to
the invention to another entity other than the Federal
Government; and
``(III) has not previously received USPTO pro bono or low
bono services.
``(3) Outreach.--The Administrator shall coordinate with
the USPTO to provide outreach regarding the pro se assistance
program and scam prevention services of the USPTO.''.
______
SA 4417. Mr. RISCH (for himself and Mr. Menendez) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Ukraine Security Partnership Act of 2021
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Ukraine Security
Partnership Act of 2021''.
SEC. 1292. FINDINGS.
Congress makes the following findings:
(1) Throughout its history, Ukraine has experienced several
long periods of occupation.
(2) Between 1919 and 1991, Ukraine was brutally ruled by
the Soviet Union, whose policy of agricultural
collectivization caused the Holodomor of 1932-1933, a man-
made famine that resulted in the death of at least 3,000,000
Ukrainians by starvation.
(3) During the Nazi occupation of Ukraine accompanying
World War II--
(A) approximately 3,500,000 Ukrainian civilians and
3,000,000 soldiers were killed; and
(B) approximately 1,500,000 Jews were massacred.
(4) Ukraine declared its independence from Moscow in 1991,
after the collapse of the Soviet Union.
(5) In the 1994 Budapest Memorandum, the Russian
Federation, the United States, and the United Kingdom pledged
to ``respect the independence and sovereignty and the
existing borders of Ukraine'' and ``refrain from the threat
or use of force against the territorial integrity or
political independence of Ukraine'' in exchange for Ukraine's
surrender of its nuclear arsenal.
(6) From November 2004 through January 2005, thousands of
Ukrainians took to the streets to peacefully protest
electoral fraud and widespread corruption by the ruling elite
in the 2004 Presidential election, successfully triggering a
re-vote, in what became known as the Orange Revolution.
(7) During Ukraine's 2014 Revolution of Dignity, or
Euromaidan, the pro-Russian government of President Viktor
Yanukovych was forced to resign after thousands of Ukrainians
peacefully protested Yanukovych's decision to reject a closer
relationship with the European Union and his continued
systemic corruption, and over 100 of those protestors were
killed by violent government suppression.
(8) Fearful of Ukraine's strengthened pro-Western
orientation after the Revolution of Dignity, the Government
of the Russian Federation, in violation of international law
and in contravention of its commitments in the Budapest
Memorandum--
(A) sent undisclosed military personnel into Ukraine's
Autonomous Republic of Crimea in February 2014 and has
illegally occupied the Crimean Peninsula for the past seven
years;
(B) sent covert, unmarked military personnel into the
Ukrainian regions of Donetsk and Luhansk in April 2014,
instigating and supporting a still-ongoing conflict that has
cost nearly 14,000 lives; and
(C) provided the Buk missile system used by those Russia-
led forces to shoot down Malaysian Airlines Flight 17 over
eastern Ukraine in July 2014, killing all 298 passengers and
crew on board.
(9) Under Russian control, Crimean authorities have
kidnapped, imprisoned, and tortured Crimean Tatars,
opposition figures, activists, and other minority
populations, and have persecuted religious minorities by
pressing false charges of terrorism and deregistering
religious centers.
[[Page S7926]]
(10) In September 2014, in an attempt to stop the fighting
that the Russian Federation had initiated in eastern Ukraine,
France, Germany, Ukraine, the Russian Federation, the
Organization for Security and Cooperation (OSCE), and Russia-
led forces from eastern Ukraine signed the Minsk Protocol.
(11) In February 2015, after the failure of the initial
Minsk Protocol, the Russian Federation committed to the Minsk
II Agreement, the roadmap for resolving the conflict in
eastern Ukraine, signed by the Governments of Ukraine,
Russia, France, and Germany.
(12) Despite these agreements, the Government of the
Russian Federation continues to violate Ukrainian sovereignty
through--
(A) manipulation of Ukraine's dependence on Russian natural
gas, including cutting off access in 2014, which deprived
Ukraine of its energy supply and transit fees;
(B) espionage and clandestine assassinations on Ukrainian
territory;
(C) continuous cyber warfare against the Government of
Ukraine and Ukrainian businesses, such as the NotPetya hack
in 2017; and
(D) seizure of Ukrainian property and citizens, including
the November 2018 seizure in the Kerch Strait of three
Ukrainian naval vessels and 24 Ukrainian officers on board
those vessels.
(13) In July 2018, Secretary of State Michael R. Pompeo
issued the Crimea Declaration and reiterated in February 2020
on the sixth anniversary of Russia's illegal occupation that
``Crimea is Ukraine''.
(14) On February 26, 2021 President Joseph R. Biden
confirmed that Crimea is Ukraine and the United States does
not and will never recognize Russia's purported annexation of
the peninsula.
(15) Since April 2014, at least 4,100 Ukrainian soldiers
have died fighting for their country against the Russian
Federation and Russia-led forces, while no less than 3,361
civilians have perished as a result of that fighting.
(16) Despite Ukraine's tumultuous history and neighborhood,
in under 30 years it has risen from the collapse of the
Soviet Union to become a developing democracy, steadily
working to overcome its Soviet legacy of oppression,
oligarchic control, and corruption.
(17) Running on a strong anti-corruption platform,
Volodymyr Zelensky won the 2019 presidential election with 73
percent of the vote, and his political party, Servant of the
People, won a parliamentary majority in the Ukrainian
parliament.
(18) The OSCE confirmed the 2019 elections were
``competitive and fundamental freedoms were generally
respected''.
(19) In March and April 2021, the Russian Federation
amassed over 75,000 troops on its border with the Eastern
Ukraine and in the occupied territory of Crimea.
(20) Since 2014, the Government of Ukraine has made
difficult and substantial reforms in an effort to address
corruption and more closely align with the West, such as
slimming and decentralizing its bureaucracy, removing
immunity from prosecution for Members of Parliament,
reforming its gas, pension, and procurement systems, and
working to adapt its military to the standards of the North
Atlantic Treaty Organization (NATO).
(21) Despite progress in reforming many areas of Ukrainian
governance, serious issues still remain, particularly in the
areas of corruption and rule of law.
(22) The United States Government has consistently
supported Ukraine's democratic transition and its fight
against Russia-led forces by assisting its governance reform
efforts, maintaining robust and coordinated sanctions against
the Russian Federation alongside the European Union, and
providing the Ukrainian military with training and equipment,
including lethal defensive weaponry.
(23) In addition to the United States, the European Union,
European countries, and Canada have provided substantial
diplomatic, monetary, and military support for Ukraine's
democratic transition and its fight against Russia-led forces
in eastern Ukraine, and also have implemented and maintained
robust sanctions regimes against the Russian Federation for
its illegal occupation of Crimea and its active
destabilization of Ukraine.
(24) the Government of Ukraine has steadfastly supported
the United States and European allies by deploying troops to
Iraq, Afghanistan, and NATO's Kosovo Force (KFOR), allowing
United States military planes to refuel on Ukrainian soil,
and trading billions of dollars' worth of goods and services
with the United States.
(25) NATO has recently decided to include Ukraine in its
Enhanced Opportunities Partnership in recognition of
Ukraine's contributions to NATO missions and efforts to
reform its military in line with NATO standards.
(26) Since the Russian Federation's 2014 invasion of
Ukraine, the United States Congress has demonstrated its
support for Ukraine through the passage of legislation,
including the Support for the Sovereignty, Integrity,
Democracy, and Economic Stability of Ukraine Act of 2014
(Public Law 113-95; 22 U.S.C. 8901 et seq.), the Ukraine
Freedom Support Act (Public Law 113-272; 22 U.S.C. 8921 et
seq.), the Ukraine Security Assistance Initiative established
under section 1250 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068), the
Countering America's Adversaries Through Sanctions Act
(Public Law 115-44), and the Protecting Europe's Energy
Security Act of 2019 (Public Law 116-92, title LXXV), and the
United States Congress continues to demonstrate strong
support for assisting Ukraine in defending itself and
deterring Russia.
SEC. 1293. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Ukraine stands as a bulwark against the malign
influence of the Russian Federation in Europe, and robust
United States support for Ukraine is vital to United States
national security and demonstrates the commitment of the
United States to upholding a free and open international
order;
(2) since Ukraine's independence in 1991, the Government
and people of Ukraine have made significant strides towards
improved governance, rule of law, anti-corruption measures,
and economic reforms;
(3) Ukraine's long-term viability is directly connected to
its efforts to reduce corruption and build strong democratic
institutions that are able to defend against internal and
external corrupt actors;
(4) the efforts and sacrifices of Ukrainian citizens to
determine their own fate after centuries of oppression,
through democratic representation and governance reforms, is
evidence of that country's dedication to a free, independent,
and democratic future;
(5) Ukraine has proven itself to be a valuable security
partner of the United States, not simply a recipient of
assistance;
(6) it is in the national security interests of the United
States to continue and deepen its security partnership with
Ukraine, including through the provision of both lethal and
non-lethal assistance;
(7) the United States should continue to place policy-based
conditions on Ukraine's receipt of financial and military
assistance, as that mechanism has proven effective in
incentivizing reforms in Ukraine;
(8) the United States should use its voice and vote at NATO
to encourage the adoption of a policy by the Alliance that
all of its member states will refuse to recognize the illegal
attempted annexation of Crimea by the Russian Federation;
(9) the United States should support at the highest level
and take an active part in the Ukrainian ``Crimean Platform''
initiative to ensure that the international community's
attention remains focused on--
(A) the unacceptable violation of Ukraine's territorial
integrity in Crimea; and
(B) working towards the reversal of such violation;
(10) the United States should continue to bolster the
capacity of the Ukrainian Navy as it strives to fulfill the
goals it set out in its ``Strategy of the Naval Forces of the
Armed Forces of Ukraine 2035'';
(11) the military-focused technical, training, maintenance,
and logistical assistance provided by the United States to
Ukraine is as essential as the military hardware provided to
the country;
(12) all security assistance provided to Ukraine should
continue to be subject to rigorous vetting requirements under
section 620M of the Foreign Assistance Act of 1961 (22 U.S.C.
2378d) and security cooperation under section 362 of title
10, United States Code, including assistance provided to
units in the National Guard of Ukraine as well as all units
falling under the authority of the Ministry of Defense;
(13) the Office of Defense Cooperation at the United States
Embassy in Ukraine should be fully staffed with officers who
serve three-year terms in order to administer the security
assistance being provided to the country;
(14) the Secretary of Defense should conduct an assessment
of the staffing resources of the Office of Defense
Cooperation and strongly consider providing additional staff
to the Office of Defense Cooperation in Ukraine;
(15) the United States should continue to support Ukraine's
NATO aspirations, including through work towards a Membership
Action Plan;
(16) the enduring partnership between the United States and
Ukraine, including bipartisan support for a sovereign,
democratic, and whole Ukraine through political, monetary,
and military assistance, remains strong and must continue to
be reaffirmed; and
(17) the United States should continue to strongly support
Ukraine's ambitions to join the Euro-Atlantic community of
democracies.
SEC. 1294. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to refuse to recognize the attempted annexation of
Crimea by the Russian Federation, an action that was taken in
contravention of international law;
(2) to utilize existing sanctions and other authorities to
deter malign actions by the Russian Federation in or intended
to harm Ukraine, including the mandates and authorities
codified by--
(A) the Countering America's Adversaries Through Sanctions
Act (22 U.S.C. 9401 et seq.); and
(B) the Protecting Europe's Energy Security Act of 2019
(title LXXV of Public Law 116-92; 22 U.S.C. 9526 note);
(3) to work with our European allies to coordinate
strategies to curtail Russian malign influence in Ukraine;
(4) to work with our allies and partners to conduct more
frequent multinational freedom of navigation operations in
the Black Sea in order to demonstrate support for Ukraine's
internationally-recognized maritime boundaries, to safeguard
the unimpeded
[[Page S7927]]
traffic of lawful commerce, and to push back against
excessive Russian Federation claims of sovereignty;
(5) to work with our allies and partners to demonstrate
support for Ukraine's territorial integrity, including its
internationally-recognized land borders; and
(6) to support democratic, economic, and anti-corruption
reforms in Ukraine and the country's integration into Euro-
Atlantic institutions.
SEC. 1295. STRATEGY ON UNITED STATES DIPLOMATIC SUPPORT FOR
UKRAINE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
with a strategy on how the United States will work to
diplomatically support Ukraine during fiscal years 2022
through 2026.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A description of how relevant departments and agencies
of the United States Government will work together to
collectively support efforts by the Government of Ukraine to
deter Russian aggression in the form of military incursions,
cyber attacks, the coercive use of energy resources, the
disruption of lawful commerce and traffic to Ukrainian ports,
use of passportization, and efforts to corrupt the Ukrainian
political and economic systems.
(2) A description of the United States' current efforts and
strategy to support Ukrainian diplomatic initiatives when
they align with United States interests.
(3) A strategy on how the United States will use its voice
and vote at the United Nations, OSCE, Council of Europe,
NATO, and other relevant international bodies to support
Ukraine and its reform efforts.
(4) A strategy on how the United States will assist Ukraine
in bolstering its diplomatic, economic, energy, and maritime
relationships with key Black Sea countries, including
Bulgaria, Romania, Turkey, and Georgia.
(5) A strategy on how the United States will engage with
Germany, France, Ukraine, and Russia to advance the Normandy
Format and Minsk Agreements.
(6) An assessment of Ukraine's recent progress on anti-
corruption reforms and a strategy on how the United States
will work with allies to continue to engage Ukraine to ensure
meaningful progress on democratic, economic, and anti-
corruption reforms.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
SEC. 1296. UNITED STATES-EUROPE WORKING GROUP ON UKRAINE.
(a) In General.--The Secretary of State should seek to
establish a United States-Europe Working Group on Ukraine.
(b) Representation.--The United States-Europe Working Group
on Ukraine should include high-level representatives from the
European Union, its institutions, and relevant European
governments, as appropriate, to jointly prioritize, evaluate
and coordinate economic and policy reform assistance and
support for Ukraine.
(c) Termination.--The authorities authorized under this
section shall terminate on September 30 of the fifth fiscal
year beginning after the date of the enactment of this Act.
SEC. 1297. SPECIAL ENVOY FOR UKRAINE.
(a) Establishment.--The President should appoint, by and
with the consent of the Senate, a Special Envoy for Ukraine,
who should report to the Assistant Secretary of State for
Europe and Eurasia.
(b) Rank.--The Special Envoy for Ukraine shall have the
rank and status of ambassador.
(c) Responsibilities.--The Special Envoy for Ukraine
should--
(1) serve as the United States liaison to the Normandy
Format, tasked with leading the peace process between Ukraine
and the Russian Federation;
(2) facilitate diplomatic outreach to and dialogue with
countries in the Black Sea region that, like Ukraine, are
faced with the impact of Russia's growing militarization of
the Sea;
(3) coordinate closely with the Chief of Mission in
Ukraine;
(4) coordinate with the United States-Europe Working Group
on Ukraine established pursuant to section 1296;
(5) coordinate with the OSCE Special Monitoring Mission to
Ukraine; and
(6) provide the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives regular updates and briefings on the status
of peace negotiations.
(d) Termination.--The Special Envoy for Ukraine position
authorized under subsection (a) shall terminate 5 years after
the date of the enactment of this Act.
SEC. 1298. FOREIGN MILITARY FINANCING.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Department of State for each of
fiscal years 2022 through 2026 $300,000,000 for Foreign
Military Financing (FMF) assistance to Ukraine to assist the
country in meeting its defense needs.
(b) Availability of Funds.--
(1) In general.--Of the amount authorized to be
appropriated for each fiscal year pursuant to subsection (a),
not more than $150,000,000 shall be made available until the
Secretary of State makes the certification described in
paragraph (2) for such fiscal year, including a detailed
explanation justifying the certification with respect to each
of the categories listed in subparagraphs (A) through (G) of
such paragraph. The certification shall be submitted to the
appropriate congressional committees in unclassified form,
but may contain a classified annex.
(2) Certification.--The certification described in this
paragraph is a certification by the Secretary of State, in
coordination with the Secretary of Defense, that the
Government of Ukraine has taken actions to--
(A) make defense institutional reforms, in accordance with
NATO standards;
(B) further strengthen civilian control of the military;
(C) reform its state-owned arms production sector;
(D) increase transparency and accountability in defense
procurement;
(E) respect Verkhovna Rada efforts to exercise oversight of
the Ministry of Defense and military forces;
(F) promote respect for the observation of human rights as
enshrined in the requirements of section 620M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d) within the security
forces of Ukraine; and
(G) support the work of Ukraine's anti-corruption bodies,
including the High Anti-Corruption Court, National Anti-
Corruption Bureau, and the Special Anti-Corruption
Prosecutor's Office.
(c) Notice to Congress.--Not later than 15 days before
providing assistance or support pursuant to subsection (a),
the Secretary of State shall submit to the appropriate
congressional committees a notification containing the
following:
(1) A detailed description of the assistance or support to
be provided, including--
(A) the objectives of such assistance or support;
(B) the budget for such assistance or support; and
(C) the expected or estimated timeline for delivery of such
assistance or support.
(2) A description of such other matters as the Secretary
considers appropriate.
(d) Sense of Congress.--It is the sense of Congress that
assistance provided under this section should--
(1) prioritize the procurement of vessels for the Ukrainian
Navy and other articles that bolster the capacity of the
Ukrainian Navy to counter Russian maritime aggression and
maintain the freedom of innocent passage throughout the Black
Sea; and
(2) ensure adequate planning for maintenance for any
equipment provided.
(e) Authority To Provide Lethal Assistance.--The Secretary
of State is authorized to provide lethal assistance under
this section, including anti-armor weapon systems, mortars,
crew-served weapons and ammunition, grenade launchers and
ammunition, anti-tank weapons systems, anti-ship weapons
systems, anti-aircraft weapons systems, and small arms and
ammunition.
SEC. 1299. EXPEDITED EXCESS DEFENSE ARTICLES TRANSFER
PROGRAM.
During fiscal years 2022 through 2026, the delivery of
excess defense articles to Ukraine shall be given the same
priority as that given other countries and regions under
section 516(c)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(c)(2)).
SEC. 1299A. STRATEGY ON EXCESS DEFENSE ARTICLES FROM ALLIES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State in
consultation with the Secretary of Defense, shall submit to
the appropriate congressional committees a classified
strategy on how the United States will encourage third
countries to donate excess defense equipment to Ukraine.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A listing of all friendly and allied nations that have
excess defense material that may be compatible with the needs
and systems utilized by the Armed Forces of Ukraine.
(2) A description of the diplomatic efforts undertaken by
the United States Government to encourage allied nations to
donate their excess defense articles to Ukraine on an
expedited basis.
SEC. 1299B. IMET COOPERATION WITH UKRAINE.
(a) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of State $4,000,000 for
each of fiscal years 2022 through 2026 for International
Military Education and Training (IMET) assistance for
Ukraine. The assistance shall be made available for the
following purposes:
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States Armed
Forces and Ukraine's military to build partnerships for the
future.
(4) Enhancement of interoperability and capabilities for
joint operations.
(5) Focusing on professional military education, civilian
control of the military, and human rights.
(b) Notice to Congress.--Not later than 15 days before
providing assistance or support pursuant to subsection (a),
the Secretary of State shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a notification
containing the following elements:
(1) A detailed description of the assistance or support to
be provided, including--
(A) the objectives of such assistance or support;
(B) the budget for such assistance or support; and
[[Page S7928]]
(C) the expected or estimated timeline for delivery of such
assistance or support.
(2) A description of such other matters as the Secretary
considers appropriate.
SEC. 1299C. STRATEGY ON IMET PROGRAMMING IN UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that
the Government of Ukraine should fully utilize the United
States IMET program, encourage eligible officers and civilian
leaders to participate in the training, and promote
successful graduates to positions of prominence in the
Ukrainian Armed Forces.
(b) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a strategy
for the implementation of the IMET program in Ukraine
authorized under section 1299B.
(c) Elements.--The strategy required under subsection (a)
shall include the following elements:
(1) A clear plan, developed in close consultation with the
Ukrainian Ministry of Defense and the Armed Forces of
Ukraine, for how the IMET program will be used by the United
States Government and the Government of Ukraine to propel
program graduates to positions of prominence in support of
the Ukrainian military's reform efforts in line with NATO
standards.
(2) An assessment of the education and training
requirements of the Ukrainian military and clear
recommendations for how IMET graduates should be assigned by
the Ukrainian Ministry of Defense upon completion of
education or training.
(3) An accounting of the current combat requirements of the
Ukrainian military and an assessment of the viability of
alternative mobile training teams, distributed learning, and
other flexible solutions to reach such students.
(4) An identification of opportunities to influence the
next generation of leaders through attendance at United
States staff and war colleges, junior leader development
programs, and technical schools.
(d) Form.--The strategy required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
SEC. 1299D. SENSE OF CONGRESS ON LOAN PROGRAM.
It is the sense of Congress that--
(1) as appropriate, the United States Government should
provide direct loans to Ukraine for the procurement of
defense articles, defense services, and design and
construction services pursuant to the authority of section 23
of the Arms Export Control Act (22 U.S.C. 2763) to support
the further development of Ukraine's military forces; and
(2) such loans should be considered an additive security
assistance tool, and not a substitute for Foreign Military
Financing for grant assistance or Ukraine Security Assistance
Initiative programming.
SEC. 1299E. STRATEGY TO PROTECT UKRAINE'S DEFENSE INDUSTRY
FROM STRATEGIC COMPETITORS.
(a) Sense of Congress.--It is the sense of Congress that
the United States should work with the Government of Ukraine
to ensure strategic assets and companies in Ukraine's
aerospace and defense sector are not subject to foreign
ownership, control, or undue influence by strategic
competitors to the United States, such as the People's
Republic of China (PRC). These efforts will require support
from across the Executive Branch and should leverage all
available tools and authorities.
(b) Strategy Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, acting through the
Secretary of Defense and the Secretary of State and in
consultation with the heads of other relevant Departments and
agencies as the President may determine, shall submit to the
appropriate committees of Congress a strategy to support
Ukraine in protecting its aerospace and defense industry from
predatory investments.
(2) Elements.--The strategy required under paragraph (1)
shall include the following elements:
(A) An assessment of the efforts by strategic competitors,
such as the PRC, to acquire strategic assets and companies in
Ukraine's aerospace and defense sector and the national
security implications for Ukraine, the United States, and
other NATO allies and partners.
(B) An assessment of the vulnerabilities that strategic
competitors of the United States exploit to acquire strategic
assets in the Ukrainian aerospace and defense sector,
Ukraine's progress in addressing them, and United States
initiatives to support these efforts such as assistance in
strengthening Ukraine's investment screening and national
security vetting laws.
(C) An assessment of Ukraine's efforts to make reforms
necessary to incentivize Western investment in Ukraine's
aerospace and defense sector and United States support for
these efforts.
(D) A strategy to--
(i) promote, as appropriate, United States direct
investment in Ukraine's aerospace and defense sector;
(ii) better leverage tools like debt financing, equity
investments, and political risk insurance to incentivize
greater participation by United States firms;
(iii) provide an alternative to PRC investments; and
(iv) engage like-minded allies and partners on these
efforts.
(3) Form.--The strategy required under paragraph (1) shall
be submitted in classified form.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SEC. 1299F. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Department of State $50,000,000 for each of the fiscal
years 2022 through 2026 for the purposes described in
subsection (b) with respect to Ukraine.
(b) Use of Funds.--Amounts appropriated pursuant to
subsection (a) may only be used--
(1) to strengthen Ukraine's cyber security, cyber
resilience and intellectual property enforcement;
(2) to provide support and training in Ukraine for--
(A) sectoral reforms related to banking and public finance
management reform;
(B) the privatization of state-owned enterprises;
(C) regulatory independence;
(D) subsidy reform;
(E) land reform;
(F) corporate governance; and
(G) foreign investment screening;
(3) to combat corruption, improve the rule of law, and
otherwise strengthen independent legal institutions,
including by--
(A) expanding regional anti-corruption training and
exchanges among Ukrainian Ministry officials, law enforcement
officers, judges, and prosecutors to build peer support,
share best practices, maintain reform momentum, and protect
reforms from capture;
(B) supporting regional training of United States Embassy
personal responsible for supporting anti-corruption and the
rule of law to improve their effectiveness in supporting the
consolidation and expansion of reform;
(4) to respond to the humanitarian crises caused or
aggravated by the invasion and occupation of Ukraine by the
Russian Federation, including by supporting internally
displaced persons and communities in conflict-affected areas;
(5) to improve participatory legislative processes in
Ukraine, including through--
(A) engagement with members of the Verkhovna Rada;
(B) training on government oversight, legal education,
political transparency and competition, and compliance with
international obligations; and
(C) supporting the development of professional legislative
staff to advise and assist member of the Verkhovna Rada and
committees in the execution of their duties and build legal
and policy expertise within the Verkhovna Rada; and
(6) to further build the capacity of civil society,
independent media, human rights, and other nongovernmental
organizations in Ukraine, with an emphasis on--
(A) building capacity outside of Kyiv; and
(B) regional civil society training and exchange programs.
SEC. 1299G. DETERMINATION OF WHETHER NORD STREAM 2 AG AND
ASSOCIATED CONSTRUCTION VESSELS MEET CRITERIA
FOR IMPOSITION OF SANCTIONS UNDER PROTECTING
EUROPE'S ENERGY SECURITY ACT OF 2019.
(a) In General.--Not later than 15 days after the date of
the enactment of this Act, the President shall submit to
Congress a report that includes the following:
(1) The determination of the President with respect to
whether Nord Stream 2 AG meets the criteria for the
imposition of sanctions under the Protecting Europe's Energy
Security Act of 2019.
(2) The determination of the President with respect to
whether the following vessels and entities meet the criteria
for the imposition of sanctions under the Protecting Europe's
Energy Security Act of 2019:
(A) Akademik Cherskiy.
(B) Umka.
(C) Errie.
(D) Yuri Topchev.
(E) Mentor.
(F) DP Gezina.
(G) Krebs GEO.
(H) Vladislav Strizhov.
(I) Glomar Wave.
(J) Finval.
(K) Katun.
(L) Venie.
(M) Murman.
(N) Baltiyskiy Issledovatel.
(O) Artemis Offshore.
(P) Havila Subsea.
(Q) Russian Maritime Register of Shipping.
(R) LLC Insurance Company Constanta.
(S) TUV Austria Holding AG.
(3) A detailed explanation for each determination made
under paragraph (1) or (2), including with respect to any
determination that the criteria for the imposition of
sanctions under the Protecting Europe's Energy Security Act
of 2019 were not met with respect to a vessel or entity.
(b) Definition.--In this section, the term ``Protecting
Europe's Energy Security Act of 2019'' means the Protecting
Europe's Energy Security Act of 2019 (title LXXV of Public
Law 116-92; 22 U.S.C. 9526 note), as amended by section 1242
of the William M. (Mac)
[[Page S7929]]
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
SEC. 1299H. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this subtitle, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
______
SA 4418. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. DEPARTMENT OF STATE REPORT ON PEOPLE REPUBLIC OF
CHINA'S UNITED NATIONS PEACEKEEPING EFFORTS.
(a) Annual Report.--Not later than January 31 of each year
through January 31, 2027, the Secretary of State shall submit
to the appropriate congressional committees a report on the
People Republic of China's United Nations peacekeeping
efforts.
(b) Elements.--The report required under subsection (a)
shall include an assessment of the People Republic of China's
contributions to United Nations peacekeeping missions,
including--
(1) a detailed list of the placement of People Republic of
China's peacekeeping troops;
(2) an estimate of the amount of money that the People's
Republic of China receives from the United Nations for its
peacekeeping contributions;
(3) an estimate of the portion of the money the People's
Republic of China receives for its peacekeeping operations
and troops that comes from United States contributions to
United Nations peacekeeping efforts;
(4) an analysis comparing the locations of People Republic
of China's peacekeeping troops and the locations of ``One
Belt, One Road'' projects; and
(5) an assessment of the number of Chinese United Nations
peacekeepers who are part of the People's Liberation Army or
People's Armed Police, including which rank, divisions,
branches, and theater commands.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
______
SA 4419. Ms. ROSEN (for herself, Ms. Ernst, Ms. Duckworth, and Mr.
Rubio) submitted an amendment intended to be proposed to amendment SA
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 844. SMALL BUSINESS LOANS FOR NONPROFIT CHILD CARE
PROVIDERS.
Section 3(a) of the Small Business Act (15 U.S.C. 632(a))
is amended by adding at the end the following:
``(10) Nonprofit child care providers.--
``(A) Definition.--In this paragraph, the term `covered
nonprofit child care provider' means an organization--
``(i) that--
``(I) is in compliance with licensing requirements for
child care providers of the State in which the organization
is located;
``(II) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code; and
``(III) is primarily engaged in providing child care for
children from birth to compulsory school age;
``(ii) for which each employee and regular volunteer
complies with the criminal background check requirements
under section 658H(b) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858f(b)); and
``(iii) that may--
``(I) provide care for school-age children outside of
school hours or outside of the school year; or
``(II) offer preschool or prekindergarten educational
programs.
``(B) Eligibility for loan programs.--Notwithstanding any
other provision of this subsection, a covered nonprofit child
care provider shall be deemed to be a small business concern
for purposes of any program under this Act or the Small
Business Investment Act of 1958 (15 U.S.C. 661 et seq.) under
which--
``(i) the Administrator may make loans to small business
concerns;
``(ii) the Administrator may guarantee timely payment of
loans to small business concerns; or
``(iii) the recipient of a loan made or guaranteed by the
Administrator may make loans to small business concerns.''.
______
SA 4420. Ms. ROSEN (for herself and Mrs. Blackburn) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 1109 and insert the following:
SEC. 1109. CIVILIAN CYBERSECURITY RESERVES PILOT PROJECT.
(a) Definitions.--In this section:
(1) Agency.--The term ``Agency'' means the Cybersecurity
and Infrastructure Security Agency.
(2) Competitive service.--The term ``competitive service''
has the meaning given the term in section 2102 of title 5,
United States Code.
(3) Director.--The term ``Director'' means the Director of
the Agency.
(4) Excepted service.--The term ``excepted service'' has
the meaning given the term in section 2103 of title 5, United
States Code.
(5) Executive agent.--The term ``Executive Agent'' means
the Executive Agent of the United States Cyber Command.
(6) Significant incident.--The term ``significant
incident''--
(A) means an incident or a group of related incidents that
results, or is likely to result, in demonstrable harm to--
(i) the national security interests, foreign relations, or
economy of the United States; or
(ii) the public confidence, civil liberties, or public
health and safety of the people of the United States; and
(B) does not include an incident or a portion of a group of
related incidents that occurs on--
(i) a national security system, as defined in section 3552
of title 44, United States Code; or
(ii) an information system described in paragraph (2) or
(3) of section 3553(e) of title 44, United States Code.
(7) Temporary position.--The term ``temporary position''
means a position in the competitive or excepted service for a
period of 180 days or less.
(8) Uniformed services.--The term ``uniformed services''
has the meaning given the term in section 2101 of title 5,
United States Code.
(b) Pilot Project.--There is established a pilot project
under which--
(1) the Executive Agent, in coordination with the Chief
Information Officer of the Department of Defense, shall
establish a Civilian Cybersecurity Reserve at the United
States Cyber Command in accordance with subsection (c); and
(2) the Director may establish a Civilian Cybersecurity
Reserve at the Agency in accordance with subsection (d).
(c) Civilian Cybersecurity Reserve at the United States
Cyber Command.--
(1) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(ii) the Committee on Armed Services of the Senate;
(iii) the Committee on Appropriations of the Senate;
(iv) the Committee on Homeland Security of the House of
Representatives;
(v) the Committee on Armed Services of the House of
Representatives; and
(vi) the Committee on Appropriations of the House of
Representatives.
(B) Civilian cybersecurity reserve.--The term ``Civilian
Cybersecurity Reserve'' means the Civilian Cybersecurity
Reserve at the United States Cyber Command established under
subsection (b)(1).
(C) Pilot project.--The term ``pilot project'' means the
pilot project established by subsection (b) with respect to
the United States Cyber Command.
(2) Purpose.--The purpose of the Civilian Cybersecurity
Reserve is to enable the United States Cyber Command to
effectively respond to significant incidents.
(3) Alternative methods.--Consistent with section 4703 of
title 5, United States Code, in carrying out the pilot
project, the Executive Agent may, without further
authorization from the Office of Personnel Management,
provide for alternative methods of--
(A) establishing qualifications requirements for,
recruitment of, and appointment to positions; and
(B) classifying positions.
(4) Appointments.--Under the pilot project, upon occurrence
of a significant incident, the Executive Agent--
[[Page S7930]]
(A) may activate members of the Civilian Cybersecurity
Reserve by--
(i) noncompetitively appointing members of the Civilian
Cybersecurity Reserve to temporary positions in the
competitive service; or
(ii) appointing members of the Civilian Cybersecurity
Reserve to temporary positions in the excepted service;
(B) shall notify Congress whenever a member is activated
under subparagraph (A); and
(C) may appoint not more than 50 members to the Civilian
Cybersecurity Reserve under subparagraph (A) at any time.
(5) Status as employees.--An individual appointed under
paragraph (4) shall be considered a Federal civil service
employee under section 2105 of title 5, United States Code.
(6) Additional employees.--Individuals appointed under
paragraph (4) shall be in addition to any employees of the
United States Cyber Command who provide cybersecurity
services.
(7) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and non-
discrimination in reemployment of individuals appointed under
paragraph (4), provided that such regulations shall include,
at a minimum, those rights and obligations set forth under
chapter 43 of title 38, United States Code.
(8) Status in reserve.--During the period beginning on the
date on which an individual is recruited by the United States
Cyber Command to serve in the Civilian Cybersecurity Reserve
and ending on the date on which the individual is appointed
under paragraph (4), and during any period in between any
such appointments, the individual shall not be considered a
Federal employee.
(9) Eligibility; application and selection.--
(A) In general.--Under the pilot project, the Executive
Agent shall establish criteria for--
(i) individuals to be eligible for the Civilian
Cybersecurity Reserve; and
(ii) the application and selection processes for the
Civilian Cybersecurity Reserve.
(B) Requirements for individuals.--The criteria established
under subparagraph (A)(i) with respect to an individual shall
include--
(i) if the individual has previously served as a member of
the Civilian Cybersecurity Reserve, that the previous
appointment ended not less than 60 days before the individual
may be appointed for a subsequent temporary position in the
Civilian Cybersecurity Reserve; and
(ii) cybersecurity expertise.
(C) Prescreening.--The Executive Agent shall--
(i) conduct a prescreening of each individual prior to
appointment under paragraph (4) for any topic or product that
would create a conflict of interest; and
(ii) require each individual appointed under paragraph (4)
to notify the Executive Agent if a potential conflict of
interest arises during the appointment.
(D) Agreement required.--An individual may become a member
of the Civilian Cybersecurity Reserve only if the individual
enters into an agreement with the Executive Agent to become
such a member, which shall set forth the rights and
obligations of the individual and the United States Cyber
Command.
(E) Exception for continuing military service
commitments.--A member of the Selected Reserve under section
10143 of title 10, United States Code, may not be a member of
the Civilian Cybersecurity Reserve.
(F) Prohibition.--Any individual who is an employee of the
executive branch may not be recruited or appointed to serve
in the Civilian Cybersecurity Reserve.
(10) Security clearances.--
(A) In general.--The Executive Agent shall ensure that all
members of the Civilian Cybersecurity Reserve undergo the
appropriate personnel vetting and adjudication commensurate
with the duties of the position, including a determination of
eligibility for access to classified information where a
security clearance is necessary, according to applicable
policy and authorities.
(B) Cost of sponsoring clearances.--If a member of the
Civilian Cybersecurity Reserve requires a security clearance
in order to carry out the duties of the member, the United
States Cyber Command shall be responsible for the cost of
sponsoring the security clearance of the member.
(11) Study and implementation plan.--
(A) Study.--Not later than 60 days after the date on which
the Principal Cyber Advisor to the Secretary of Defense, in
conjunction with the Under Secretary for Personnel and
Readiness of the Department of Defense and the Principal
Cyber Advisors of the military services, submits the
evaluation of reserve models tailored to the support of
cyberspace operations for the Department required by section
1730(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
the Executive Agent shall begin a study on the design and
implementation of the pilot project required under subsection
(b)(1), including--
(i) compensation and benefits for members of the Civilian
Cybersecurity Reserve;
(ii) activities that members may undertake as part of their
duties;
(iii) methods for identifying and recruiting members,
including alternatives to traditional qualifications
requirements;
(iv) methods for preventing conflicts of interest or other
ethical concerns as a result of participation in the pilot
project and details of mitigation efforts to address any
conflict of interest concerns;
(v) resources, including additional funding, needed to
carry out the pilot project;
(vi) possible penalties for individuals who do not respond
to activation when called, in accordance with the rights and
procedures set forth under title 5, Code of Federal
Regulations; and
(vii) processes and requirements for training and
onboarding members.
(B) Implementation plan.--Not later than one year after
beginning the study required under subparagraph (A), the
Executive Agent shall--
(i) submit to the appropriate congressional committees an
implementation plan for the pilot project; and
(ii) provide to the appropriate congressional committees a
briefing on the implementation plan.
(C) Prohibition.--The Executive Agent may not take any
action to begin implementation of the pilot project until the
Executive Agent fulfills the requirements under subparagraph
(B).
(12) Project guidance.--Not later than two years after the
date of the enactment of this Act, the Executive Agent shall,
in consultation with the Office of Personnel Management and
the Office of Government Ethics, issue guidance establishing
and implementing the pilot project.
(13) Briefings and report.--
(A) Briefings.--Not later than one year after the date on
which the Executive Agent issues guidance establishing and
implementing the pilot project under paragraph (12), the
Executive Agent shall provide to the appropriate
congressional committees a briefing on activities carried out
under the pilot project, including--
(i) participation in the Civilian Cybersecurity Reserve,
including the number of participants, the diversity of
participants, and any barriers to recruitment or retention of
members;
(ii) an evaluation of the ethical requirements of the pilot
project;
(iii) whether the Civilian Cybersecurity Reserve has been
effective in providing additional capacity to the United
States Cyber Command during significant incidents; and
(iv) an evaluation of the eligibility requirements for the
pilot project.
(B) Report.--Not earlier than 180 days and not later than
90 days before the date on which the pilot project terminates
under subsection (e), the Executive Agent shall submit to the
appropriate congressional committees a report and provide a
briefing on recommendations relating to the pilot project,
including recommendations for--
(i) whether the pilot project should be modified, extended
in duration, or established as a permanent program, and if
so, an appropriate scope for the program;
(ii) how to attract participants, ensure a diversity of
participants, and address any barriers to recruitment or
retention of members of the Civilian Cybersecurity Reserve;
(iii) the ethical requirements of the pilot project and the
effectiveness of mitigation efforts to address any conflict
of interest concerns; and
(iv) an evaluation of the eligibility requirements for the
pilot project.
(14) Evaluation.--Not later than three years after the
Civilian Cybersecurity Reserve is established under
subsection (b)(1), the Comptroller General of the United
States shall--
(A) conduct a study evaluating the pilot project; and
(B) submit to Congress--
(i) a report on the results of the study; and
(ii) a recommendation with respect to whether the pilot
project should be modified.
(d) Civilian Cybersecurity Reserve at the Cybersecurity and
Infrastructure Security Agency.--
(1) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(ii) the Committee on Appropriations of the Senate;
(iii) the Committee on Homeland Security of the House of
Representatives;
(iv) the Committee on Oversight and Reform of the House of
Representatives; and
(v) the Committee on Appropriations of the House of
Representatives.
(B) Civilian cybersecurity reserve.--The term ``Civilian
Cybersecurity Reserve'' means the Civilian Cybersecurity
Reserve at the Agency established under subsection (b)(2).
(C) Pilot project.--The term ``pilot project'' means the
pilot project established by subsection (b) with respect to
the Agency.
(2) Purpose.--The purpose of a Civilian Cybersecurity
Reserve is to enable the Agency to effectively respond to
significant incidents.
(3) Alternative methods.--Consistent with section 4703 of
title 5, United States Code, in carrying out the pilot
project, the Director may, without further authorization from
the Office of Personnel Management, provide for alternative
methods of--
(A) establishing qualifications requirements for,
recruitment of, and appointment to positions; and
(B) classifying positions.
[[Page S7931]]
(4) Appointments.--Under the pilot project, upon occurrence
of a significant incident, the Director--
(A) may activate members of the Civilian Cybersecurity
Reserve by--
(i) noncompetitively appointing members of the Civilian
Cybersecurity Reserve to temporary positions in the
competitive service; or
(ii) appointing members of the Civilian Cybersecurity
Reserve to temporary positions in the excepted service;
(B) shall notify Congress whenever a member is activated
under subparagraph (A); and
(C) may appoint not more than 30 members to the Civilian
Cybersecurity Reserve under subparagraph (A) at any time.
(5) Status as employees.--An individual appointed under
paragraph (4) shall be considered a Federal civil service
employee under section 2105 of title 5, United States Code.
(6) Additional employees.--Individuals appointed under
paragraph (4) shall be in addition to any employees of the
Agency who provide cybersecurity services.
(7) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and non-
discrimination in reemployment of individuals appointed under
paragraph (4), provided that such regulations shall include,
at a minimum, those rights and obligations set forth under
chapter 43 of title 38, United States Code.
(8) Status in reserve.--During the period beginning on the
date on which an individual is recruited by the Agency to
serve in the Civilian Cybersecurity Reserve and ending on the
date on which the individual is appointed under paragraph
(4), and during any period in between any such appointments,
the individual shall not be considered a Federal employee.
(9) Eligibility; application and selection.--
(A) In general.--Under the pilot project, the Director
shall establish criteria for--
(i) individuals to be eligible for the Civilian
Cybersecurity Reserve; and
(ii) the application and selection processes for the
Civilian Cybersecurity Reserve.
(B) Requirements for individuals.--The criteria established
under subparagraph (A)(i) with respect to an individual shall
include--
(i) previous employment--
(I) by the executive branch;
(II) within the uniformed services;
(III) as a Federal contractor within the executive branch;
or
(IV) by a State, local, Tribal, or territorial government;
(ii) if the individual has previously served as a member of
the Civilian Cybersecurity Reserve, that the previous
appointment ended not less than 60 days before the individual
may be appointed for a subsequent temporary position in the
Civilian Cybersecurity Reserve; and
(iii) cybersecurity expertise.
(C) Prescreening.--The Director shall--
(i) conduct a prescreening of each individual prior to
appointment under paragraph (4) for any topic or product that
would create a conflict of interest; and
(ii) require each individual appointed under paragraph (4)
to notify the Director if a potential conflict of interest
arises during the appointment.
(D) Agreement required.--An individual may become a member
of the Civilian Cybersecurity Reserve only if the individual
enters into an agreement with the Director to become such a
member, which shall set forth the rights and obligations of
the individual and the Agency.
(E) Exception for continuing military service
commitments.--A member of the Selected Reserve under section
10143 of title 10, United States Code, may not be a member of
the Civilian Cybersecurity Reserve.
(F) Priority.--In appointing individuals to the Civilian
Cybersecurity Reserve, the Agency shall prioritize the
appointment of individuals described in subclause (I) or (II)
of subparagraph (B)(i) before considering individuals
described in subclause (III) or (IV) of subparagraph (B)(i).
(G) Prohibition.--Any individual who is an employee of the
executive branch may not be recruited or appointed to serve
in the Civilian Cybersecurity Reserve.
(10) Security clearances.--
(A) In general.--The Director shall ensure that all members
of the Civilian Cybersecurity Reserve undergo the appropriate
personnel vetting and adjudication commensurate with the
duties of the position, including a determination of
eligibility for access to classified information where a
security clearance is necessary, according to applicable
policy and authorities.
(B) Cost of sponsoring clearances.--If a member of the
Civilian Cybersecurity Reserve requires a security clearance
in order to carry out the duties of the member, the Agency
shall be responsible for the cost of sponsoring the security
clearance of the member.
(11) Study and implementation plan.--
(A) Study.--Not later than 60 days after the date of the
enactment of this Act, the Director shall begin a study on
the design and implementation of the pilot project,
including--
(i) compensation and benefits for members of the Civilian
Cybersecurity Reserve;
(ii) activities that members may undertake as part of their
duties;
(iii) methods for identifying and recruiting members,
including alternatives to traditional qualifications
requirements;
(iv) methods for preventing conflicts of interest or other
ethical concerns as a result of participation in the pilot
project and details of mitigation efforts to address any
conflict of interest concerns;
(v) resources, including additional funding, needed to
carry out the pilot project;
(vi) possible penalties for individuals who do not respond
to activation when called, in accordance with the rights and
procedures set forth under title 5, Code of Federal
Regulations; and
(vii) processes and requirements for training and
onboarding members.
(B) Implementation plan.--Not later than one year after
beginning the study required under subparagraph (A), the
Director shall--
(i) submit to the appropriate congressional committees an
implementation plan for the pilot project; and
(ii) provide to the appropriate congressional committees a
briefing on the implementation plan.
(C) Prohibition.--The Director may not take any action to
begin implementation of the pilot project until the Director
fulfills the requirements under subparagraph (B).
(12) Project guidance.--If the Director establishes the
Civilian Cybersecurity Reserve, not later than two years
after the date of the enactment of this Act, the Director
shall, in consultation with the Office of Personnel
Management and the Office of Government Ethics, issue
guidance establishing and implementing the pilot project.
(13) Briefings and report.--
(A) Briefings.--Not later than one year after the date on
which the Director issues guidance establishing and
implementing the pilot project under paragraph (12), and
every year thereafter until the date on which the pilot
project terminates under subsection (e), the Director shall
provide to the appropriate congressional committees a
briefing on activities carried out under the pilot project,
including--
(i) participation in the Civilian Cybersecurity Reserve,
including the number of participants, the diversity of
participants, and any barriers to recruitment or retention of
members;
(ii) an evaluation of the ethical requirements of the pilot
project;
(iii) whether the Civilian Cybersecurity Reserve has been
effective in providing additional capacity to the Agency
during significant incidents; and
(iv) an evaluation of the eligibility requirements for the
pilot project.
(B) Report.--Not earlier than 180 days and not later than
90 days before the date on which the pilot project terminates
under subsection (e), the Director shall submit to the
appropriate congressional committees a report and provide a
briefing on recommendations relating to the pilot project,
including recommendations for--
(i) whether the pilot project should be modified, extended
in duration, or established as a permanent program, and if
so, an appropriate scope for the program;
(ii) how to attract participants, ensure a diversity of
participants, and address any barriers to recruitment or
retention of members of the Civilian Cybersecurity Reserve;
(iii) the ethical requirements of the pilot project and the
effectiveness of mitigation efforts to address any conflict
of interest concerns; and
(iv) an evaluation of the eligibility requirements for the
pilot project.
(14) Evaluation.--Not later than three years after the
Civilian Cybersecurity Reserve is established under
subsection (b)(2), the Comptroller General of the United
States shall--
(A) conduct a study evaluating the pilot project; and
(B) submit to Congress--
(i) a report on the results of the study; and
(ii) a recommendation with respect to whether the pilot
project should be modified, extended in duration, or
established as a permanent program.
(e) Sunset.--The pilot project established by subsection
(b) shall terminate on the date that is four years after the
date of the enactment of this Act.
(f) No Additional Funds.--
(1) In general.--No additional funds are authorized to be
appropriated for the purpose of carrying out this section.
(2) Existing authorized amounts.--Funds to carry out this
section may, as provided in advance in appropriations Acts,
only come from amounts authorized to be appropriated to--
(A) the United States Cyber Command, with respect to the
Civilian Cybersecurity Reserve at the United States Cyber
Command established under subsection (b)(1); and
(B) the Agency, with respect to the Civilian Cybersecurity
Reserve at the Agency established under subsection (b)(2).
______
SA 4421. Mr. PETERS (for himself, Mr. Portman, Mr. Warner, and Mrs.
Blackburn) submitted an amendment intended to be proposed to amendment
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill
H.R. 4350, to authorize appropriations for fiscal year 2022 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
[[Page S7932]]
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CLARIFICATION FOR UPSTREAM MANUFACTURERS.
(a) Definitions.--Section 9901(2) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (15 U.S.C. 4651(2)) is amended--
(1) by inserting ``production,'' before ``or research and
development''; and
(2) by striking ``of semiconductors.'' and inserting ``of
semiconductors, materials used to manufacture semiconductors,
or semiconductor manufacturing equipment.''.
(b) Semiconductor Incentives.--Section 9902(a) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (15 U.S.C. 4652(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``for semiconductor fabrication'' and
inserting ``for the fabrication'';
(B) by inserting ``production,'' before ``or research and
development''; and
(C) by striking the period at the end and inserting ``of
semiconductors, materials used to manufacture semiconductors,
or semiconductor manufacturing equipment.''; and
(2) in paragraph (4)(A), by striking ``used for
semiconductors'' and inserting ``used for the purposes''.
______
SA 4422. Mr. INHOFE (for Mr. Rounds (for himself, Mr. Lujan, Mr.
Thune, Mr. Rubio, Mr. Sullivan, Mr. Inhofe, Mr. Cramer, Mr. Daines, Mr.
Cassidy, Mr. Moran, Mr. Kelly, Ms. Klobuchar, Mr. Padilla, and Ms.
Sinema)) submitted an amendment intended to be proposed to amendment SA
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL
CHARTER FOR NATIONAL AMERICAN INDIAN VETERANS,
INCORPORATED.
(a) In General.--Part B of subtitle II of title 36, United
States Code, is amended by inserting after chapter 1503 the
following:
``CHAPTER 1504--NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED
``Sec.
``150401. Organization.
``150402. Purposes.
``150403. Membership.
``150404. Board of directors.
``150405. Officers.
``150406. Nondiscrimination.
``150407. Powers.
``150408. Exclusive right to name, seals, emblems, and badges.
``150409. Restrictions.
``150410. Duty to maintain tax-exempt status.
``150411. Records and inspection.
``150412. Service of process.
``150413. Liability for acts of officers and agents.
``150414. Failure to comply with requirements.
``150415. Annual report.
``Sec. 150401 Organization
``The National American Indian Veterans, Incorporated, a
nonprofit corporation organized in the United States
(referred to in this chapter the `corporation'), is a
federally chartered corporation.
``Sec. 150402. Purposes
``The purposes of the corporation are those stated in the
articles of incorporation, constitution, and bylaws of the
corporation, and include a commitment--
``(1) to uphold and defend the Constitution of the United
States while respecting the sovereignty of the American
Indian Nations;
``(2) to unite under one body all American Indian veterans
who served in the Armed Forces of United States;
``(3) to be an advocate on behalf of all American Indian
veterans without regard to whether they served during times
of peace, conflict, or war;
``(4) to promote social welfare (including educational,
economic, social, physical, and cultural values and
traditional healing) in the United States by encouraging the
growth and development, readjustment, self-respect, self-
confidence, contributions, and self-identity of American
Indian veterans;
``(5) to serve as an advocate for the needs of American
Indian veterans and their families and survivors in their
dealings with all Federal and State government agencies;
``(6) to promote, support, and utilize research, on a
nonpartisan basis, pertaining to the relationship between
American Indian veterans and American society; and
``(7) to provide technical assistance to the Bureau of
Indian Affairs regional areas that are not served by any
veterans committee or organization or program by--
``(A) providing outreach service to Indian Tribes in need;
and
``(B) training and educating Tribal Veterans Service
Officers for Indian Tribes in need.
``Sec. 150403. Membership
``Subject to section 150406, eligibility for membership in
the corporation, and the rights and privileges of members,
shall be as provided in the constitution and bylaws of the
corporation.
``Sec. 150404. Board of directors
``Subject to section 150406, the board of directors of the
corporation, and the responsibilities of the board, shall be
as provided in the constitution and bylaws of the corporation
and in conformity with the laws under which the corporation
is incorporated.
``Sec. 150405. Officers
``Subject to section 150406, the officers of the
corporation, and the election of such officers, shall be as
provided in the constitution and bylaws of the corporation
and in conformity with the laws of the jurisdiction under
which the corporation is incorporated.
``Sec. 150406. Nondiscrimination
``In establishing the conditions of membership in the
corporation, and in determining the requirements for serving
on the board of directors or as an officer of the
corporation, the corporation may not discriminate on the
basis of race, color, religion, sex, national origin,
handicap, or age.
``Sec. 150407. Powers
``The corporation shall have only those powers granted the
corporation through its articles of incorporation,
constitution, and bylaws, which shall conform to the laws of
the jurisdiction under which the corporation is incorporated.
``Sec. 150408. Exclusive right to name, seals, emblems, and
badges
``(a) In General.--The corporation shall have the sole and
exclusive right to use the names `National American Indian
Veterans, Incorporated' and `National American Indian
Veterans', and such seals, emblems, and badges as the
corporation may lawfully adopt.
``(b) Effect.--Nothing in this section interferes or
conflicts with any established or vested rights.
``Sec. 150409. Restrictions
``(a) Stock and Dividends.--The corporation may not--
``(1) issue any shares of stock; or
``(2) declare or pay any dividends.
``(b) Distribution of Income or Assets.--
``(1) In general.--The income or assets of the corporation
may not--
``(A) inure to any person who is a member, officer, or
director of the corporation; or
``(B) be distributed to any such person during the life of
the charter granted by this chapter.
``(2) Effect.--Nothing in this subsection prevents the
payment of reasonable compensation to the officers of the
corporation, or reimbursement for actual and necessary
expenses, in amounts approved by the board of directors.
``(c) Loans.--The corporation may not make any loan to any
officer, director, member, or employee of the corporation.
``(d) No Federal Endorsement.--The corporation may not
claim congressional approval or Federal Government authority
by virtue of the charter granted by this chapter for any of
the activities of the corporation.
``Sec. 150410. Duty to maintain tax-exempt status
``The corporation shall maintain its status as an
organization exempt from taxation under the Internal Revenue
Code of 1986.
``Sec. 150411. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete books and records of accounts;
``(2) minutes of any proceeding of the corporation
involving any of member of the corporation, the board of
directors, or any committee having authority under the board
of directors; and
``(3) at the principal office of the corporation, a record
of the names and addresses of all members of the corporation
having the right to vote.
``(b) Inspection.--
``(1) In general.--All books and records of the corporation
may be inspected by any member having the right to vote, or
by any agent or attorney of such a member, for any proper
purpose, at any reasonable time.
``(2) Effect.--Nothing in this section contravenes--
``(A) the laws of the jurisdiction under which the
corporation is incorporated; or
``(B) the laws of those jurisdictions within the United
States and its territories within which the corporation
carries out activities in furtherance of the purposes of the
corporation.
``Sec. 150412. Service of process
``With respect to service of process, the corporation shall
comply with the laws of--
``(1) the jurisdiction under which the corporation is
incorporated; and
``(2) those jurisdictions within the United States and its
territories within which the corporation carries out
activities in furtherance of the purposes of the corporation.
``Sec. 150413. Liability for acts of officers and agents
``The corporation shall be liable for the acts of the
officers and agents of the corporation acting within the
scope of their authority.
``Sec. 150414. Failure to comply with requirements
``If the corporation fails to comply with any of the
requirements of this chapter, including the requirement under
section 150410
[[Page S7933]]
to maintain its status as an organization exempt from
taxation, the charter granted by this chapter shall expire.
``Sec. 150415. Annual report
``(a) In General.--The corporation shall submit to Congress
an annual report describing the activities of the corporation
during the preceding fiscal year.
``(b) Submittal Date.--Each annual report under this
section shall be submitted at the same time as the report of
the audit of the corporation required by section 10101(b).
``(c) Report Not Public Document.--No annual report under
this section shall be printed as a public document.''.
(b) Clerical Amendment.--The table of chapters for subtitle
II of title 36, United States Code, is amended by inserting
after the item relating to chapter 1503 the following:
``1504. National American Indian Veterans, Incorporated..150401''.....
______
SA 4423. Mr. INHOFE (for Mr. Rounds (for himself and Mr. Manchin))
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title IX, insert the
following:
SEC. ___. MODIFICATION OF POSITION OF PRINCIPAL CYBER
ADVISOR.
(a) Designation of Principal Cyber Advisor.--Paragraph (1)
of section 932(c) of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note)
is amended to read as follows:
``(1) Designation.--(A) The Secretary shall designate, from
among the personnel of the Office of the Under Secretary of
Defense for Policy, a Principal Cyber Advisor to act as the
principal advisor to the Secretary on military cyber forces
and activities.
``(B) The Secretary may only designate an official under
this paragraph if such official was appointed to the position
in which such official serves by and with the advice and
consent of the Senate.''.
(b) Designation of Deputy Principal Cyber Advisor.--Section
905(a)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is
amended by striking ``Secretary of Defense'' and inserting
``Under Secretary of Defense for Policy''.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Deputy Secretary of Defense shall
brief the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
on such recommendations as the Deputy Secretary may have for
alternate reporting structures for the Principal Cyber
Advisor and the Deputy Principal Cyber Advisor within the
Office of the Secretary of Defense.
______
SA 4424. Mr. INHOFE (for Mr. Rounds (for himself, Mr. Manchin, and
Mr. King)) submitted an amendment intended to be proposed to amendment
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill
H.R. 4350, to authorize appropriations for fiscal year 2022 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS
FROM APPROPRIATION FOR IMPROVEMENTS.
Section 36 of the Act of August 10, 1956 (70A Stat. 634,
chapter 1041; 33 U.S.C. 583a), is amended--
(1) by striking ``Regular officers of the Corps of
Engineers of the Army, and reserve officers of the Army who
are assigned to the Corps of Engineers,'' and inserting the
following:
``(a) In General.--The personnel described in subsection
(b)''; and
(2) by adding at the end the following:
``(b) Personnel Described.--The personnel referred to in
subsection (a) are the following:
``(1) Regular officers of the Corps of Engineers of the
Army.
``(2) The following members of the Army who are assigned to
the Corps of Engineers:
``(A) Reserve component officers.
``(B) Warrant officers (whether regular or reserve
component).
``(C) Enlisted members (whether regular or reserve
component).''.
______
SA 4425. Mr. REED (for himself, Mr. Sullivan, Mr. Sasse, Ms. Ernst,
Mrs. Shaheen, Ms. Hirono, and Mr. Romney) submitted an amendment
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and
intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1216. SPECIAL IMMIGRANT STATUS FOR NATIONALS OF
AFGHANISTAN EMPLOYED THROUGH A COOPERATIVE
AGREEMENT, GRANT, OR NONGOVERNMENTAL
ORGANIZATION FUNDED BY THE UNITED STATES
GOVERNMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States recognizes the immense contributions
of the nationals of Afghanistan who worked, through
cooperative agreements, grants, and nongovernmental
organizations in Afghanistan, in support of the United States
mission to advance the causes of democracy, human rights, and
the rule of law in Afghanistan;
(2) due to the close association of such nationals of
Afghanistan with the United States, their lives are at risk;
and
(3) such nationals of Afghanistan should be provided with
special immigrant status under the Afghan Allies and
Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111-
8).
(b) Special Immigrant Status.--Section 602(b)(2)(A)(ii)(I)
of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note; Public Law 111-8) is amended by inserting after
``United States Government'' the following: ``, including
employment in Afghanistan funded by the United States
Government through a cooperative agreement, grant, or
nongovernmental organization, provided that the Chief of
Mission or delegated Department of State designee determines,
based on a recommendation from the Federal agency or
organization authorizing such funding, that such alien
contributed to the United States mission in Afghanistan''.
______
SA 4426. Mr. MANCHIN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XXXI, add the following:
SEC. 31__. DEFENSE CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
Section 215A of the Federal Power Act (16 U.S.C. 824o-1) is
amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``of the 48 contiguous
States or the District of Columbia'' and inserting ``State'';
(B) by redesignating paragraph (8) as paragraph (9); and
(C) by inserting after paragraph (7) the following:
``(8) Resilience.--The term `resilience' has the meaning
given the term in section 1304A(j) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17384a(j)).'';
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``the 48 contiguous States and the District
of Columbia'' and inserting ``any State''; and
(3) by adding at the end the following:
``(g) Authority to Address Vulnerabilities.--The Secretary
may, to the extent that funds are made available for such
purposes in advance in appropriations Acts, enter into
contracts or cooperative agreements with external providers
of electric energy--
``(1) to improve the resilience of defense critical
electric infrastructure; and
``(2) to reduce the vulnerability of critical defense
facilities designated under subsection (c) to the disruption
of the supply of electric energy to those facilities.''.
______
SA 4427. Mr. MANCHIN submitted an amendment intended to be proposed
by him to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title XXXI, add the following:
SEC. 3157. UNIVERSITY-BASED NUCLEAR NONPROLIFERATION
COLLABORATION PROGRAM.
(a) In General.--Title XLIII of the Atomic Energy Defense
Act (50 U.S.C. 2565 et seq.) is amended by adding at the end
the following new section:
``SEC. 4312. UNIVERSITY-BASED NUCLEAR NONPROLIFERATION
COLLABORATION PROGRAM.
``(a) Program.--The Administrator shall--
[[Page S7934]]
``(1) establish a program to develop a policy research
consortium of institutions of higher education and nonprofit
entities in support of implementing and innovating the
defense nuclear nonproliferation programs of the
Administration; and
``(2) execute such program in a manner similar to the
program established under section 4814.
``(b) Purposes.--The purposes of the consortium established
under subsection (a) are as follows:
``(1) To inform the formulation and application of policy
through the conduct of research and analysis regarding
defense nuclear nonproliferation programs.
``(2) To maintain open-source databases on issues relevant
to understanding defense nuclear nonproliferation, arms
control, and nuclear security.
``(3) To facilitate the collaboration of research centers
of excellence relating to defense nuclear nonproliferation to
better distribute expertise to specific issues and scenarios
regarding relating to nuclear nonproliferation, arms control,
and nuclear security .
``(c) Duties.--
``(1) Support.--The Administrator shall ensure that the
consortium established under subsection (a) provides support
to individuals described in paragraph (2) through the use of
nongovernmental fellowships, scholarships, research
internships, workshops, short courses, summer schools, and
research grants.
``(2) Individuals described.--Individuals described in this
paragraph are graduate students, academics, and policy
specialists, who are focused on policy innovation related
to--
``(A) defense nuclear nonproliferation;
``(B) arms control;
``(C) nuclear deterrence;
``(D) foreign nuclear programs;
``(E) nuclear safeguards and security; or
``(F) educating and training individuals interested in the
study of defense nuclear nonproliferation policy.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4311 the following new item:
``Sec. 4312. University-based nuclear nonproliferation collaboration
program.''.
______
SA 4428. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. GRANT ELIGIBILITY OF CERTAIN AIR TRAFFIC CONTROL
TOWER COVERED PROJECTS.
(a) In General.--Notwithstanding any other provision of
law, the airport sponsor of a covered project shall be
eligible for a grant under subchapter I of chapter 471 and
subchapter I of chapter 475 of title 49, United States Code,
from any funds made available by an Act of Congress for
``Grants-In-Aid for Airports'' for fiscal years 2022 and
2023.
(b) Covered Projects Defined.--In subsection (a), the term
``covered project'' means a project for relocating,
reconstructing, repairing, or improving an air traffic
control tower that--
(1) is owned by the sponsor of a primary airport;
(2) as of the date of enactment of this Act, was over 60
years of age; and
(3) in fiscal year 2019, handled over 300,000 total
terminal operations.
______
SA 4429. Mr. INHOFE (for himself and Mr. Lankford) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ASSISTANCE IN THE TRANSITION OF A CERTAIN HOSPITAL
TO A MEDICARE RURAL EMERGENCY HOSPITAL.
(a) Special Rule.--In the case of a critical access
hospital (as defined in section 1861(mm) of the Social
Security Act (42 U.S.C. 1395x(mm)) with a Centers for
Medicare & Medicaid Services certification number of 371338,
the following shall apply:
(1) Pursuant to the June 11, 2021, Centers for Medicare &
Medicaid Services letter sent to the critical access
hospital--
(A) the Secretary of Health and Human Services (referred to
in this section as the ``Secretary'') shall suspend the
running of the twenty-four month extension mentioned in the
October 15, 2019, letter to the hospital during the COVID-19
public health emergency; and
(B) the hospital shall have 19.7 months after the end of
the COVID-19 public health emergency to notify the Centers
for Medicare & Medicaid Services of the hospital's intent to
either convert to an acute care hospital, transition to a
rural emergency hospital under section 1861(kkk) of the
Social Security Act (42 U.S.C. 1395x(kkk)) (if the hospital
qualifies as such), or terminate as a critical access
hospital.
(2) Prior to the end of the 19.7 months described in
paragraph (1)(B), the Secretary shall not take an adverse
redesignation action with respect to the critical access
hospital status of the hospital as long as the hospital
continues to meet all of the requirements for designation as
a critical access hospital other than the distance
requirement under section 1820(c)(2)(B)(i) of such Act (42
U.S.C. 1395i-4(c)(2)(B)(i)).
(3) If, prior to the end of the 19.7 months described in
paragraph (1)(B), the critical access hospital notifies the
Secretary of the hospital's intention to transition to a
rural emergency hospital, the Secretary--
(A) shall give priority to the processing of the request
for such transition; and
(B) shall not take an adverse redesignation action with
respect to the critical access hospital status of the
hospital prior to the later of--
(i) the end of the 19.7 months described in paragraph
(1)(B); or
(ii) the date the Secretary makes a final determination
with respect to such request.
(b) Timeline for Regulations.--
(1) In general.--The Secretary shall--
(A) not later than July 1, 2022, promulgate a proposed rule
to carry out the provisions of, and amendments made by,
section 125 of division CC of the Consolidated Appropriations
Act, 2021 (Public Law 116-260); and
(B) not later than November 1, 2022, promulgate a final
rule to carry out such provisions and amendments.
(2) Additional information.--The Secretary shall ensure
that the proposed and final rules required under paragraph
(1) contain a description of the additional information that
will be required under section 1861(kkk)(4) of the Social
Security Act (42 U.S.C. 1395x(kkk)(4)).
______
SA 4430. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. __. EDUCATION PROGRAM TO SUPPORT PRIMARY HEALTH SERVICE
FOR UNDERSERVED POPULATIONS.
(a) Findings.--Congress finds the following:
(1) Access to high quality primary care is associated with
improved health outcomes and lower health care costs.
(2) Substantial disparities exist in the distribution of
primary care providers.
(3) Shortages of health care providers affect Tribal,
rural, and medically underserved communities more than the
populations of more densely populated areas, resulting in
such communities experiencing significant health challenges
and disparities.
(4) American Indian, Alaskan Natives, and Native Hawaiians
tend to have lower health status, lower life expectancy, and
disproportionate disease burden when compared to other
Americans.
(5) Having training experiences in, living among, and being
a member of Tribal, rural, and medically underserved
communities increases cultural awareness and can influence
career choice for physicians to better serve such
populations.
(6) Research shows there is a relationship between the
characteristics of a physician and the eventual practice
location, including being part of an underrepresented
minority or growing up in a rural area.
(b) Establishment of Program.--Part B of title VII of the
Public Health Service Act (42 U.S.C. 293 et seq.) is amended
by adding at the end the following:
``SEC. 742. EDUCATION PROGRAM TO SUPPORT PRIMARY HEALTH
SERVICE FOR UNDERSERVED POPULATIONS.
``(a) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, shall establish a grant program to award
grants to public institutions of higher education located in
a covered State to carry out the activities described in
subsection (d) for the purposes of--
``(1) expanding and supporting education for medical
students who are preparing to become physicians in a covered
State; and
``(2) preparing and encouraging each such student training
in a covered State to serve Tribal, rural, or medically
underserved communities as a primary care physician after
completing such training.
``(b) Eligibility.--In order to be eligible to receive a
grant under this section, a public institution of higher
education shall submit an application to the Secretary that
includes--
``(1) a certification that such institution will use
amounts provided to the institution to carry out the
activities described in subsection (d); and
[[Page S7935]]
``(2) a description of how such institution will carry out
such activities.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to public institutions of
higher education that--
``(1) are located in a State with not fewer than 2
federally recognized Tribes; and
``(2) demonstrate a public-private partnership.
``(d) Authorized Activities.--An eligible entity that
receives a grant under this section shall use the funds made
available under such grant to carry out the following
activities:
``(1) Support or expand community-based experiential
training for medical students who will practice in or serve
Tribal, rural, and medically underserved communities.
``(2) Develop and operate programs to train medical
students in primary care services.
``(3) Develop and implement curricula that--
``(A) includes a defined set of clinical and community-
based training activities that emphasize care for Tribal,
rural, or medically underserved communities;
``(B) is applicable to primary care practice with respect
to individuals from Tribal, rural, or medically underserved
communities;
``(C) identifies and addresses challenges to health equity,
including the needs of Tribal, rural, and medically
underserved communities;
``(D) supports the use of telehealth technologies and
practices;
``(E) considers social determinants of health in care plan
development;
``(F) integrates behavioral health care into primary care
practice, including prevention and treatment of opioid
disorders and other substance use disorders;
``(G) promotes interprofessional training that supports a
patient-centered model of care; and
``(H) builds cultural and linguistic competency.
``(4) Increase the capacity of faculty to implement the
curricula described in paragraph (3).
``(5) Develop or expand strategic partnerships to improve
health outcomes for individuals from Tribal, rural, and
medically underserved communities, including with--
``(A) federally recognized Tribes, Tribal colleges, and
Tribal organizations;
``(B) Federally-qualified health centers;
``(C) rural health clinics;
``(D) Indian health programs;
``(E) primary care delivery sites and systems; and
``(F) other community-based organizations.
``(6) Develop a plan to track graduates' chosen specialties
for residency and the States in which such residency programs
are located.
``(7) Develop, implement, and evaluate methods to improve
recruitment and retention of medical students from Tribal,
rural, and medically underserved communities.
``(8) Train and support instructors to serve Tribal, rural,
and medically underserved communities.
``(9) Prepare medical students for transition into primary
care residency training and future practice.
``(10) Provide scholarships to medical students.
``(e) Grant Period.--A grant under this section shall be
awarded for a period of not more than 5 years.
``(f) Grant Amount.--Each fiscal year, the amount of a
grant made to a public institution of higher education under
this section shall be in amount that is not less than
$1,000,000.
``(g) Matching Requirement.--Each public institution of
higher education that receives a grant under this section
shall provide, from non-Federal sources, an amount equal to
or greater than 10 percent of the total amount of Federal
funds provided to the institution each fiscal year during the
period of the grant (which may be provided in cash or in
kind).
``(h) Definitions.--In this section:
``(1) Covered state.--The term `covered State' means a
State that is in the top quartile of States by projected
unmet demand for primary care providers, as determined by the
Secretary
``(2) Federally-qualified health center.--The term
`Federally-qualified health center' has the meaning given
such term in section 1905(l)(2)(B) of the Social Security
Act.
``(3) Indian health program.--The term `Indian health
program' has the meaning given such term in section 4 of the
Indian Health Care Improvement Act.
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965,
provided that such institution is public in nature.
``(5) Medically underserved community.--The term `medically
underserved community' has the meaning given such term in
section 799B.
``(6) Rural health clinic.--The term `rural health clinic'
has the meaning given such term in section 1861(aa) of the
Social Security Act.
``(7) Rural population.--The term `rural population' means
the population of a geographical area located--
``(A) in a non-metropolitan county; or
``(B) in a metropolitan county designated as rural by the
Administrator of the Health Resources and Services
Administration.
``(8) Tribal population.--The term `Tribal population'
means the population of any Indian Tribe recognized by the
Secretary of the Interior pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994.
``(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $150,000,000 for
each of fiscal years 2023 through 2027.''.
______
SA 4431. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, insert the
following:
SEC. 1516. MODIFICATION TO ESTIMATE OF DAMAGES FROM FEDERAL
COMMUNICATIONS COMMISSION ORDER 20-48.
Section 1664 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``or any subsequent fiscal year'' after
``fiscal year 2021''; and
(2) by adding at the end the following new subsections:
``(d) Distribution of Estimate.--As soon as practicable
after submitting an estimate as described in paragraph (1) of
subsection (a) and making the certification described in
paragraph (2) of such subsection, the Secretary shall make
such estimate available to any licensee operating under the
Order and Authorization described in such subsection.
``(e) Authority of Secretary of Defense to Seek Recovery of
Costs.--The Secretary may work directly with any licensee (or
any future assignee, successor, or purchaser) affected by the
Order and Authorization described in subsection (a) to seek
recovery of costs incurred by the Department as a result of
the effect of such order and authorization.
``(f) Reimbursement.--
``(1) In general.--The Secretary shall establish and
facilitate a process for any licensee (or any future
assignee, successor, or purchaser) subject to the Order and
Authorization described in subsection (a) to provide
reimbursement to the Department, only to the extent provided
in appropriation Acts, for the covered costs and eligible
reimbursable costs submitted and certified to the
congressional defense committees under such subsection.
``(2) Use of funds.--The Secretary shall use any funds
received under this subsection, to the extent and in such
amounts as are provided in advance in appropriation Acts, for
covered costs described in subsection (b) and the range of
eligible reimbursable costs identified under subsection
(a)(1).
``(3) Report.--Not later than 90 days after the date on
which the Secretary establishes the process required by
paragraph (1), the Secretary shall submit to the
congressional defense committees a report on such process.
``(g) Good Faith.--The execution of the responsibilities of
this section by the Department shall be considered to be good
faith actions pursuant to paragraph 104 of the Order and
Authorization described in subsection (a).''.
______
SA 4432. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. EXPANSION OF PROPERTY OF DEPARTMENT OF DEFENSE NOT
ELIGIBLE FOR SALE OR DONATION FOR LAW
ENFORCEMENT ACTIVITIES AND STUDY ON USE OF SUCH
AUTHORITY TO SELL OR DONATE PROPERTY.
(a) In General.--Section 2576a(e) of title 10, United
States Code, is amended by adding at the end the following
new paragraphs:
``(5) Explosives.
``(6) Firearms of 0.5 caliber or greater and ammunition of
0.5 caliber or greater.
``(7) Asphyxiating gases, including those comprised of
lachrymatory agents, and analogous liquids, materials, or
devices.''.
(b) Study.--
(1) In general.--The Director of the Defense Logistics
Agency shall conduct a study on the use by the Department of
Defense of the authority under section 2576a of title 10,
United States Code, and the administration of such authority
by the Law Enforcement Support Office of the Department.
(2) Elements.--The study required under paragraph (1) shall
include--
(A) an analysis of the degree to which personal property
transferred under section
[[Page S7936]]
2576a of title 10, United States Code, has been distributed
equitably between larger, well-resourced municipalities and
units of government and smaller, less well-resourced
municipalities and units of government; and
(B) an identification of potential modifications to the
authority under such section to ensure that property
transferred under such section is transferred in a manner
that provides adequate opportunity for participation by
smaller, less well-resourced municipalities and units of
government.
(3) Report.--Not later than December 1, 2022, the Director
of the Defense Logistics Agency shall submit to the
congressional defense committees a report on the results of
the study conducted under paragraph (1).
______
SA 4433. Mr. PORTMAN (for himself and Mr. Cardin) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. ECONOMIC DEFENSE RESPONSE TEAMS.
(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this Act, the President, acting through
the Secretary of State, shall develop and implement a pilot
program for the creation of deployable economic defense
response teams to help provide emergency technical assistance
and support to a country subjected to the threat or use of
coercive economic measures and to play a liaison role between
the legitimate government of that country and the United
States Government. Such assistance and support may include
the following activities:
(1) Reducing the partner country's vulnerability to
coercive economic measures.
(2) Minimizing the damage that such measures by an
adversary could cause to that country.
(3) Implementing any bilateral or multilateral contingency
plans that may exist for responding to the threat or use of
such measures.
(4) In coordination with the partner country, developing or
improving plans and strategies by the country for reducing
vulnerabilities and improving responses to such measures in
the future.
(5) Assisting the partner country in dealing with foreign
sovereign investment in infrastructure or related projects
that may undermine the partner country's sovereignty.
(6) Assisting the partner country in responding to specific
efforts from an adversary attempting to employ economic
coercion that undermines the partner country's sovereignty,
including efforts in the cyber domain, such as efforts that
undermine cybersecurity or digital security of the partner
country or initiatives that introduce digital technologies in
a manner that undermines freedom, security, and sovereignty
of the partner country.
(7) Otherwise providing direct and relevant short-to-medium
term economic or other assistance from the United States and
marshalling other resources in support of effective responses
to such measures.
(b) Institutional Support.--The pilot program required by
subsection (a) should include the following elements:
(1) Identification and designation of relevant personnel
within the United States Government with expertise relevant
to the objectives specified in subsection (a), including
personnel in--
(A) the Department of State, for overseeing the economic
defense response team's activities, engaging with the partner
country government and other stakeholders, and other purposes
relevant to advancing the success of the mission of the
economic defense response team;
(B) the United States Agency for International Development,
for the purposes of providing technical, humanitarian, and
other assistance, generally;
(C) the Department of the Treasury, for the purposes of
providing advisory support and assistance on all financial
matters and fiscal implications of the crisis at hand;
(D) the Department of Commerce, for the purposes of
providing economic analysis and assistance in market
development relevant to the partner country's response to the
crisis at hand, technology security as appropriate, and other
matters that may be relevant;
(E) the Department of Energy, for the purposes of providing
advisory services and technical assistance with respect to
energy needs as affected by the crisis at hand;
(F) the Department of Homeland Security, for the purposes
of providing assistance with respect to digital and
cybersecurity matters, and assisting in the development of
any contingency plans referred to in paragraphs (3) and (6)
of subsection (a) as appropriate;
(G) the Department of Agriculture, for providing advisory
and other assistance with respect to responding to coercive
measures such as arbitrary market closures that affect the
partner country's agricultural sector;
(H) the Office of the United States Trade Representative
with respect to providing support and guidance on trade and
investment matters; and
(I) other Federal departments and agencies as determined by
the President.
(2) Negotiation of memoranda of understanding, where
appropriate, with other United States Government components
for the provision of any relevant participating or detailed
non-Department of State personnel identified under paragraph
(1).
(3) Negotiation of contracts, as appropriate, with private
sector representatives or other individuals with relevant
expertise to advance the objectives specified in subsection
(a).
(4) Development within the United States Government of--
(A) appropriate training curricula for relevant experts
identified under paragraph (1) and for United States
diplomatic personnel in a country actually or potentially
threatened by coercive economic measures;
(B) operational procedures and appropriate protocols for
the rapid assembly of such experts into one or more teams for
deployment to a country actually or potentially threatened by
coercive economic measures; and
(C) procedures for ensuring appropriate support for such
teams when serving in a country actually or potentially
threatened by coercive economic measures, including, as
applicable, logistical assistance, office space, information
support, and communications.
(5) Negotiation with relevant potential host countries of
procedures and methods for ensuring the rapid and effective
deployment of such teams, and the establishment of
appropriate liaison relationships with local public and
private sector officials and entities.
(c) Reports Required.--
(1) Report on establishment.--Upon establishment of the
pilot program required by subsection (a), the Secretary of
State shall provide the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives with a detailed report and briefing
describing the pilot program, the major elements of the
program, the personnel and institutions involved, and the
degree to which the program incorporates the elements
described in subsection (a).
(2) Follow-up report.--Not later than one year after the
report required by paragraph (1), the Secretary of State
shall provide the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives with a detailed report and briefing
describing the operations over the previous year of the pilot
program established pursuant to subsection (a), as well as
the Secretary's assessment of its performance and suitability
for becoming a permanent program.
(3) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a
classified annex.
(d) Declaration of an Economic Crisis Required.--
(1) Notification.--The President may activate an economic
defense response team for a period of 180 days under the
authorities of this section to assist a partner country in
responding to an unusual and extraordinary economic coercive
threat by an adversary of the United States upon the
declaration of a coercive economic emergency, together with
notification to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
(2) Extension authority.--The President may activate the
response team for an additional 180 days upon the submission
of a detailed analysis to the committees described in
paragraph (1) justifying why the continued deployment of the
economic defense response team in response to the economic
emergency is in the national security interest of the United
States.
(e) Sunset.--The authorities provided under this section
shall expire on December 31, 2026.
______
SA 4434. Mr. CORNYN (for himself, Mr. Coons, Mr. Young, and Mr.
Leahy) submitted an amendment intended to be proposed to amendment SA
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. NATIONAL SECURITY EXCLUSION FOR ARTICLES OR
COMPONENTS OF ARTICLES THAT CONTAIN, WERE
PRODUCED USING, BENEFIT FROM, OR USE TRADE
SECRETS MISAPPROPRIATED OR ACQUIRED THROUGH
IMPROPER MEANS BY A FOREIGN AGENT OR FOREIGN
INSTRUMENTALITY.
(a) Short Title.--This section may be cited as the
``Stopping and Excluding Commercial Ripoffs and Espionage
with U.S. Trade Secrets'' or the ``Secrets Act of 2021''.
(b) National Security Exclusion.--Title III of the Tariff
Act of 1930 is amended by inserting after section 341 (19
U.S.C. 1341) the following:
[[Page S7937]]
``SEC. 342. NATIONAL SECURITY EXCLUSION FOR ARTICLES OR
COMPONENTS OF ARTICLES THAT CONTAIN, WERE
PRODUCED USING, BENEFIT FROM, OR USE TRADE
SECRETS MISAPPROPRIATED OR ACQUIRED THROUGH
IMPROPER MEANS BY A FOREIGN AGENT OR FOREIGN
INSTRUMENTALITY.
``(a) In General.--Upon a determination under subsection
(c)(1), and subject to the procedures required under
subsection (d), the Commission shall direct the exclusion
from the United States of, on the basis of national security,
imports of articles that contain, were produced using,
benefit from, or use any trade secret acquired through
improper means or misappropriation by a foreign agent or
foreign instrumentality (in this section referred to as a
`covered article').
``(b) Interagency Committee on Trade Secrets.--
``(1) In general.--There is established an Interagency
Committee on Trade Secrets (in this section referred to as
the `Committee') to carry out the review and submission of
allegations under paragraph (5) and such other duties as the
President may designate as necessary to carry out this
section.
``(2) Membership.--
``(A) In general.--The Committee shall be comprised of the
following voting members (or the designee of any such
member):
``(i) The Secretary of the Treasury.
``(ii) The Secretary of Homeland Security.
``(iii) The Secretary of Commerce.
``(iv) The Attorney General.
``(v) The Intellectual Property Enforcement Coordinator.
``(vi) The United States Trade Representative.
``(vii) The head of such other Federal agency or other
executive office as the President determines appropriate,
generally or on a case-by-case basis.
``(B) Director of national intelligence.--
``(i) In general.--The Director of National Intelligence
shall serve as an ex officio, nonvoting member of the
Committee.
``(ii) Notice.--The Director of National Intelligence shall
be provided with all notices received by the Committee
regarding allegations under paragraph (5) but shall serve no
policy role on the Committee other than to provide analysis
unless serving on the Committee under subparagraph (A)(vii).
``(3) Chairperson.--The Attorney General shall serve as the
chairperson of the Committee.
``(4) Meetings.--The Committee shall meet upon the
direction of the President or upon the call of the
chairperson, without regard to section 552b of title 5,
United States Code (if otherwise applicable).
``(5) Unfair trade practice review.--The Committee--
``(A) shall review upon complaint under oath by the owner
of a trade secret or on its own initiative any allegations
that an article imported or to be imported into the United
States is a covered article; and
``(B) shall, if the Committee decides to proceed with those
allegations, submit to the Commission a report including
those allegations.
``(c) Ex Parte Preliminary Review, Investigation, and
Determination.--
``(1) Ex parte preliminary review.--Not later than 30 days
after receipt of an allegation contained in a report under
subsection (b)(5)(B) with respect to an article imported or
to be imported into the United States, the Commission shall
conduct a confidential, ex parte, preliminary review to
determine whether the article is more likely than not a
covered article.
``(2) Investigation.--
``(A) In general.--Not later than 150 days after an
affirmative determination under paragraph (1), the Commission
shall conduct an ex parte investigation, which may include a
hearing at the discretion of the Commission, to consider if
that determination should be extended under paragraph (3).
``(B) Analysis by director of national intelligence.--
``(i) In general.--As part of an investigation conducted
under subparagraph (A) with respect to an allegation
contained in a report under subsection (b)(5)(B), the
Director of National Intelligence, at the request of the
Commission, shall expeditiously carry out a thorough analysis
of the allegation and shall incorporate the views of
appropriate intelligence agencies with respect to the
allegation.
``(ii) Timing.--Not later than 20 days after the date on
which the Commission begins an investigation under
subparagraph (A), the Director of National Intelligence shall
submit to the Commission the analysis requested under clause
(i).
``(iii) Supplementation or amendment.--Any analysis
submitted under clause (i) may be supplemented or amended as
the Director of National Intelligence considers necessary or
appropriate or upon request by the Commission for additional
information.
``(iv) Beginning of analysis before investigation.--The
Director of National Intelligence may begin an analysis under
clause (i) of an allegation contained in a report under
subsection (b)(5)(B) before investigation by the Commission
of the allegation under subparagraph (A), in accordance with
applicable law.
``(3) Extension, modification, or termination.--
``(A) In general.--The Commission, at its sole discretion,
may extend, modify, or terminate a determination under
paragraph (1) for good cause and as necessary and
appropriate, as determined by the Commission and based on the
findings of the investigation conducted under paragraph (2).
``(B) Reconsideration.--The Commission shall reconsider any
extension, modification, or termination under subparagraph
(A) of a determination under paragraph (1) upon request in
writing from the Committee.
``(4) Consideration.--In conducting a preliminary review
under paragraph (1) or an investigation under paragraph (2)
with respect to an article, the Commission may consider the
following:
``(A) If the article contains, was produced using, benefits
from, or uses any trade secret acquired through improper
means or misappropriation by a foreign agent or foreign
instrumentality.
``(B) The national security and policy interests of the
United States, as established by the Committee for purposes
of this section.
``(5) Disclosure of confidential information.--
``(A) In general.--Information submitted to the Commission
or exchanged among the interested persons in connection with
a preliminary review under paragraph (1) or an investigation
under paragraph (2), including by the owner of the trade
secret with respect to which the review or investigation is
connected, may not be disclosed (except under a protective
order issued under regulations of the Commission that
authorizes limited disclosure of such information) to any
person other than a person described in subparagraph (B).
``(B) Exception.--Notwithstanding the prohibition under
subparagraph (A), information described in that subparagraph
may be disclosed to--
``(i) an officer or employee of the Commission who is
directly concerned with--
``(I) carrying out the preliminary review, investigation,
or related proceeding in connection with which the
information is submitted;
``(II) the administration or enforcement of a national
security exclusion order issued under subsection (d);
``(III) a proceeding for the modification or rescission of
a national security exclusion order issued under subsection
(d); or
``(IV) maintaining the administrative record of the
preliminary review, investigation, or related proceeding;
``(ii) an officer or employee of the United States
Government who is directly involved in the review under
subsection (d)(2); or
``(iii) an officer or employee of U.S. Customs and Border
Protection who is directly involved in administering an
exclusion from entry under subsection (d) resulting from the
preliminary review, investigation, or related proceeding in
connection with which the information is submitted.
``(6) Publication of results.--Not later than 30 days after
a determination under paragraph (1) or an extension under
paragraph (3), the Commission shall publish notice of the
determination or extension, as the case may be, in the
Federal Register.
``(7) Designation of lead agency from committee.--
``(A) In general.--The Attorney General shall designate, as
appropriate, a Federal agency or agencies represented on the
Committee to be the lead agency or agencies on behalf of the
Committee for each action under paragraphs (1) through (3).
``(B) Duties.--The duties of the lead agency or agencies
designated under subparagraph (A), with respect to an action
under paragraphs (1) through (3), shall include assisting in
the action and coordinating activity between the Committee
and the Commission.
``(8) Consultation.--
``(A) In general.--In conducting an action under paragraphs
(1) through (3), the Commission shall consult with the heads
of such other Federal agencies (or their designees) as the
Commission determines appropriate on the basis of the facts
and circumstances of the action.
``(B) Cooperation.--The heads of Federal agencies consulted
under subparagraph (A) for an action, and the agency or
agencies designated under paragraph (7)(A), shall cooperate
with the Commission in conducting the action, including by--
``(i) producing documents and witnesses for testimony; and
``(ii) assisting with any complaint or report or any
analysis by the Committee.
``(9) Interaction with intelligence community.--The
Director of National Intelligence shall ensure that the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) remains
engaged in the collection, analysis, and dissemination to the
Commission of any additional relevant information that may
become available during the course of any action conducted
under paragraphs (1) through (3).
``(10) Rule of construction regarding submission of
additional information.--Nothing in this subsection shall be
construed as prohibiting any interested person to an
allegation described in subsection (b)(5) from submitting
additional information concerning the allegation while an
action under paragraphs (1) through (3) with respect to the
allegation is ongoing.
``(d) Procedures for National Security Exclusion.--
``(1) In general.--If the Commission determines under
subsection (c)(1) that it is more
[[Page S7938]]
likely than not that an article to be imported into the
United States is a covered article, not later than 30 days
after receipt of the allegation described in that subsection
with respect to that determination, the Commission shall--
``(A) issue an order directing that the article concerned
be excluded from entry into the United States under
subsection (a); and
``(B) notify the President of that determination.
``(2) Presidential review.--If, before the end of the 30-
day period beginning on the day after the date on which the
President is notified under paragraph (1)(B) of the
determination of the Commission under subsection (c)(1), the
President disapproves of that determination and notifies the
Commission of that disapproval, effective on the date of that
notice, that determination shall have no force or effect.
``(3) Exclusion of covered articles.--
``(A) Notification.--Upon expiration of the 30-day period
described in paragraph (2), or notification from the
President of approval of the determination of the Commission
under subsection (c)(1) before the expiration of that period,
the Commission shall notify the Secretary of the Treasury and
the Secretary of Homeland Security of its action under
subsection (a) to direct the exclusion of covered articles
from entry.
``(B) Refusal of entry.--Upon receipt of notice under
subparagraph (A) regarding the exclusion of covered articles
from entry, the Secretary of the Treasury and the Secretary
of Homeland Security shall refuse the entry of those
articles.
``(4) Continuation in effect.--Any exclusion from entry of
covered articles under subsection (a) shall continue in
effect until the Commission--
``(A) determines that the conditions that led to such
exclusion from entry do not exist; and
``(B) notifies the Secretary of the Treasury and the
Secretary of Homeland Security of that determination.
``(5) Modification or rescission.--
``(A) In general.--An interested person may petition the
Commission for a modification or rescission of an exclusion
order issued under subsection (a) with respect to covered
articles only after an affirmative extension of the order is
issued under subsection (c)(3) in accordance with the
procedures under subsection (c)(2).
``(B) Revisitation of exclusion.--The Commission may modify
or rescind an exclusion order issued under subsection (a) at
any time at the discretion of the Commission.
``(C) Burden of proof.--The burden of proof in any
proceeding before the Commission regarding a petition made by
an interested person under subparagraph (A) shall be on the
interested person.
``(D) Relief.--A modification or rescission for which a
petition is made under subparagraph (A) may be granted by the
Commission--
``(i) on the basis of new evidence or evidence that could
not have been presented at the prior proceeding; or
``(ii) on grounds that would permit relief from a judgment
or order under the Federal Rules of Civil Procedure.
``(E) Evidentiary standard.--A modification or rescission
may be made under subparagraph (A) if the Commission
determines that there has been a clear and convincing showing
to the Commission from an interested person that such a
modification or rescission should be made.
``(e) Judicial Review.--
``(1) In general.--Any person adversely affected by a final
modification or rescission determination by the Commission
under subsection (d)(5) may appeal such determination only--
``(A) in the United States Court of Appeals for the Federal
Circuit; and
``(B) not later than 60 days after that determination has
become final.
``(2) No other judicial review.--Except as authorized under
paragraph (1), the determinations of the Commission under
this section and any exclusion from entry or delivery or
demand for redelivery in connection with the enforcement of
an order by the Commission under this section may not be
reviewed by any court, including for constitutional claims,
whether by action in the nature of mandamus or otherwise.
``(3) Procedures for review of privileged information.--If
an appeal is brought under paragraph (1) and the
administrative record contains classified or other
information subject to privilege or protections under law,
that information shall be submitted confidentially to the
court and the court shall maintain that information under
seal.
``(4) Applicability of use of information provisions.--The
use of information provisions of sections 106, 305, 405, and
706 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1806, 1825, 1845, and 1881e) shall not apply to an
appeal under paragraph (1).
``(f) Inapplicability of the Administrative Procedure
Act.--
``(1) In general.--The requirements of subchapter II of
chapter 5 of title 5, United States Code, shall not apply
to--
``(A) an action conducted by the Commission under
paragraphs (1) through (3) of subsection (c); or
``(B) the procedures for exclusion under paragraphs (4) and
(5) of subsection (d).
``(2) Adjudication.--Any adjudication under this section
shall not be subject to the requirements of sections 554,
556, and 557 of title 5, United States Code.
``(g) Freedom of Information Act Exception.--Section 552 of
title 5, United States Code (commonly referred to as the
`Freedom of Information Act'), shall not apply to the
activities conducted under this section.
``(h) Regulations.--The Commission may prescribe such
regulations as the Commission considers necessary and
appropriate to carry out this section.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this section.
``(j) Definitions.--In this section:
``(1) Article.--The term `article' includes any article or
component of an article.
``(2) Foreign agent; foreign instrumentality; improper
means; misappropriation; owner; trade secret.--The terms
`foreign agent', `foreign instrumentality', `improper means',
`misappropriation', `owner', and `trade secret' have the
meanings given those terms in section 1839 of title 18,
United States Code.
``(3) Interested person.--The term `interested person',
with respect to an allegation under subsection (b)(5), means
a person named in the allegation or otherwise identified by
the Commission as having a material interest with respect to
the allegation.''.
(c) Clerical Amendment.--The table of contents for the
Tariff Act of 1930 is amended by inserting after the item
relating to section 341 the following:
``Sec. 342. National security exclusion for articles or components of
articles that contain, were produced using, benefit from,
or use trade secrets misappropriated or acquired through
improper means by a foreign agent or foreign
instrumentality.''.
(d) Conforming Amendment.--Section 514(a)(4) of the Tariff
Act of 1930 (19 U.S.C. 1514(a)(4)) is amended by striking ``a
determination appealable under section 337 of this Act'' and
inserting ``in connection with the enforcement of an order of
the United States International Trade Commission issued under
section 342''.
______
SA 4435. Mr. GRASSLEY (for himself and Mr. Braun) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1216. EVALUATION OF AND REPORT ON WITHDRAWAL FROM
AFGHANISTAN.
(a) Evaluation.--
(1) In general.--The Special Inspector General for
Afghanistan Reconstruction (in this section referred to as
the Inspector General) shall conduct an evaluation of the
performance of the Afghanistan National Defense and Security
Forces (in this section referred to as the ``ANDSF'') during
the period beginning on February 1, 2020, and ending on
August 31, 2021.
(2) Elements.--The evaluation required by paragraph (1)
shall include the following:
(A) A determination as to the reason the ANDSF proved
unable to defend Afghanistan from the Taliban following the
withdrawal of the United States Armed Forces.
(B) An assessment of the impact such withdrawal had on the
performance of the ANDSF.
(C) With respect to efforts made by the United States Armed
Forces since 2001 to provide training, assistance, and advice
to the ANDSF, an analysis of any such effort that impacted
the performance of the ANDSF following such withdrawal.
(D) An assessment of the current status of--
(i) equipment provided to the ANDSF by the United States;
and
(ii) ANDSF personnel who were trained by the United States.
(E) An identification of the types of military equipment
provided by the United States to the military or security
forces of Afghanistan that was left in Afghanistan after the
withdrawal of the United States Armed Forces, including
equipment provided to the air force of Afghanistan.
(F) An assessment whether--
(i) the Taliban has control over the equipment described in
subparagraph (B); and
(ii) such equipment is being moved or sold to any third
parties.
(G) An assessment whether government officials of
Afghanistan fled Afghanistan with United States taxpayer
dollars.
(H) An assessment whether funds made available from the
Afghan Security Forces Fund--
(i) were stolen by government officials of Afghanistan; or
(ii) diverted from the originally intended purposes of such
funds.
(I) An assessment whether equipment provided to the
military or security forces of Afghanistan was used to assist
government officials of Afghanistan in fleeing Afghanistan.
(J) Any other matter the Inspector General considers
appropriate.
[[Page S7939]]
(3) Cooperation of secretary of defense.--To the extent
practicable and consistent with law, the Secretary of Defense
shall provide to the Inspector General any such information
or assistance as the Inspector General may request for the
purpose of conducting the evaluation required by this
subsection.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General shall submit
to the congressional defense committees one or more reports
the results of the evaluation conducted under subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
______
SA 4436. Mr. GRASSLEY (for himself, Mr. Sanders, and Mr. Braun)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1004. DEFENSE FINANCIAL SYSTEMS COMMISSION.
(a) Establishment.--There is established in the legislative
branch the Defense Financial Systems Commission (in this
section referred to as the ``Commission'').
(b) Duties.--
(1) In general.--The Commission shall--
(A) review the financial management systems of the
Department of Defense, including policies, procedures, and
past and planned investments;
(B) review the spending of the Department on financial
management systems, including new investments, operations and
maintenance, and legacy systems;
(C) determine which financial management systems of the
Department meet the standards described in paragraph (2);
(D) make recommendations to the Secretary of Defense and
the secretaries of the military departments with respect to--
(i) which financial management systems need to be replaced
or modified, and what new systems are needed, to ensure that
the financial management systems of the Department meet the
standards described in paragraph (2); and
(ii) improving such systems and related processes to ensure
effective internal control and ability to achieve auditable
financial statements and meet other financial management and
operational needs, including, as appropriate, recommendations
for both short-term and long-term actions; and
(E) assess the progress of the Department of Defense in
implementing any previous recommendations of the Commission.
(2) Standards described.--A financial management system
meets the standards described in this paragraph if the
system--
(A) complies with--
(i) the accounting principles, standards, and requirements
prescribed under section 3511 of title 31, United States
Code;
(ii) the most recent governmentwide financial management
plan prepared under section 3512 of that title; and
(iii) guidance and recommendations made by the Comptroller
General of the United States, the Inspector General of the
Department of Defense, and other auditors;
(B) addresses the findings of financial statement audits;
and
(C) provides reliable, useful, and timely information to
support the preparation of auditable financial statements and
meet other financial management and operational needs,
including, as appropriate, with respect to both short-term
and long-term actions.
(3) Report required.--Not later than March 31 and September
30 of fiscal year 2022 and each fiscal year thereafter, the
Commission shall submit to the Secretary of Defense, the
secretaries of the military departments, Congress, and the
Comptroller General of the United States a report that
includes--
(A) the findings of the reviews conducted under
subparagraphs (A) and (B) of paragraph (1);
(B) the determinations required by subparagraph (C) of that
paragraph;
(C) the recommendations required by subparagraph (D) of
paragraph (1);
(D) the results of the assessment required by subparagraph
(E) of that paragraph; and
(E) a description of the work the Commission plans to
conduct during the six-month period following submission of
the report.
(c) Commission Membership.--
(1) Number and appointment.--The Commission shall be
composed of three members appointed by the Comptroller
General of the United States.
(2) Qualifications; representation.--In appointing members
of the Commission, the Comptroller General shall include
individuals--
(A) knowledgeable of accounting, auditing, financial
management, information technology, data science, change
management, and the operating environment of the Department
of Defense; and
(B) to the extent feasible, who have relevant experience
based in--
(i) the Department;
(ii) the Federal Government (other than the Department);
and
(iii) the private sector.
(3) Terms.--
(A) In general.--A member of the Commission shall be
appointed for a term of 3 years, except that the Comptroller
General shall designate staggered terms for the members first
appointed.
(B) Vacancies.--
(i) In general.--A vacancy in the Commission shall be
filled in the manner in which the original appointment was
made.
(ii) Members appointed to fill vacancies.--Any member of
the Commission appointed to fill a vacancy occurring before
the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of
that term.
(iii) Continuation of service till successor takes
office.--A member of the Commission may serve after the
expiration of that member's term until a successor has taken
office.
(4) Chairperson; vice chairperson.--
(A) In general.--The Comptroller General shall designate a
member of the Commission as the Chairperson and a member of
the Commission as the Vice Chairperson at the time of their
appointment and for that term of appointment.
(B) Vacancies.--If the member of the Commission designated
under subparagraph (A) as the Chairperson or the Vice
Chairperson leaves the Commission before the end of the
member's term, the Comptroller General may designate another
member of the Commission as the Chairperson or the Vice
Chairperson for the remainder of the term of that member's
term.
(d) Meetings.--The Commission shall meet at the call of the
Chairperson.
(e) Compensation and Employment Status of Members and
Staff.--
(1) Compensation of members.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Board.
(2) Travel expenses.--A member of the Commission may be
paid travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from the member's home or regular place of
business in the performance of services for the Commission,
as authorized by the chairperson of the Commission.
(3) Financial disclosure requirements.--A member of the
Commission shall be considered an employee of Congress whose
compensation is disbursed by the Secretary of the Senate for
purposes of applying title I of the Ethics in Government Act
of 1978 (5 U.S.C. App.), except that a member of the
Commission is required to file public financial disclosure
reports without regard to their number of days of service or
rate of pay.
(4) Members employed by other agencies.--The employment
status and pay of a member of the Commission who is employed
by another Federal agency shall not be affected by the
service of the member on the Commission.
(5) Pay and benefits of staff of commission.--
(A) In general.--Subject to subparagraph (B), an employee
of the Commission (other than a member of the Commission)
shall, for purposes of pay and employment benefits, rights,
and privileges, be treated as an employee of the Senate.
(B) Congressional accountability act of 1995.--For purposes
of the Congressional Accountability Act of 1995 (2 U.S.C.
1301 et seq.), with respect to provisions of law covered by
part A of title II of that Act (2 U.S.C. 1311 et seq.)--
(i) an employee of the Commission shall be considered to be
an employee of the Senate, as defined in section 3 of that
Act (2 U.S.C. 1301); and
(ii) the Commission shall be considered to be the employing
office, as defined in that section, for that employee.
(6) Not treated as employees of government accountability
office.--Members and employees of the Commission may not be
treated as employees of the Government Accountability Office
for any purpose.
(f) Director and Staff; Experts and Consultants.--The
Commission shall hire such staff and engage such experts and
consultants knowledgeable of accounting, internal controls,
auditing, financial management, information technology, data
science, change management, and the operating environment of
the Department of Defense, as may be necessary to carry out
the duties of the Commission.
(g) Powers and Authorities.--Subject to such review as the
Comptroller General deems necessary to assure the efficient
administration of the Commission, the Commission may--
(1) employ and fix the compensation of an Executive
Director (subject to the approval of the Comptroller General)
and such other personnel as may be necessary to carry out the
duties of the Commission without regard to the provisions of
subchapter I of chapter
[[Page S7940]]
33 of title 5, United States Code, governing appointments in
the competitive service;
(2) seek such assistance and support as may be required in
the performance of the duties of the Commission from
appropriate Federal and State agencies;
(3) enter into such contracts or make such other
arrangements as may be necessary for the conduct of the work
of the Commission without regard to the requirements of
section 6101 of title 41, United States Code;
(4) make advance, progress, and other payments that relate
to the work of the Commission;
(5) provide transportation and subsistence for members,
staff, and persons serving without compensation; and
(6) prescribe such rules and regulations as the Commission
deems necessary with respect to the internal organization and
operation of the Commission.
(h) Obtaining Information From Other Federal Agencies.--
(1) Requests from commission.--The Commission may secure
directly from any Federal agency information necessary to
enable the Commission to carry out this section.
(2) Deadline for responses.--The head of a Federal agency
shall, not later than 30 days after receiving a request for
information from the Commission under paragraph (1) (unless
the Chairperson of the Commission agrees to a different
schedule), provide that information to the Commission.
(i) Oversight by Government Accountability Office.--
(1) Consultation with government accountability office.--
The Commission shall, not less frequently than once each
month, consult with the Comptroller General on the status of
its reviews, analysis, findings and recommendations, and
related subjects.
(2) Access of government accountability office to
information.--The Comptroller General shall have access to
all deliberations, records, data, and personnel of the
Commission, immediately upon request.
(3) Periodic audits.--The Commission shall be subject to
periodic audit by the Comptroller General.
(4) Reports by government accountability office to
congress.--Not later than 90 days after the Commission
submits each report required by subsection (b)(3), the
Comptroller General shall submit to Congress a report on the
work of the Commission and the implementation by the
Department of Defense of the recommendations of the
Commission.
(j) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App) shall not apply
to the Commission.
(k) Funding.--
(1) In general.--Of amounts appropriated to any entity
within the Department of Defense for operation and
maintenance for fiscal year 2022 and each fiscal year
thereafter until the fiscal year in which the Commission
terminates under subsection (l), the Secretary of Defense
shall transfer to the Commission an amount determined with
the concurrence of the Comptroller General, which may not
exceed $10,000,000, for expenses the Commission determines
are necessary to carry out this section.
(2) Lack of concurrence.--If the Comptroller General does
not concur with the Secretary with respect to the amount to
be transferred to the Commission under paragraph (1), the
Secretary shall, not later than 5 calendar days after
receiving notice that the Comptroller General does not
concur, submit to the Commission, the Comptroller General,
and Congress a report explaining the reasons for the amount
transferred by the Secretary to the Commission. The
Commission shall post the report on a publicly available
internet website of the Commission.
(3) Availability.--Amounts transferred to the Commission
under paragraph (1) shall remain available until expended.
(l) Sunset.--The Commission shall terminate on the earlier
of--
(1) the date that is 90 days after the Commission
determines and report to Congress that the financial
management systems of the Department of Defense are in
compliance with the standards described in subsection (b)(2);
and
(2) the date that is five years after the date of the
enactment of this Act.
______
SA 4437. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.
Section 5323 of title 31, United States Code, as amended by
section 6314 of the Anti-Money Laundering Act of 2020
(division F of Public Law 116-283) is amended by striking
subsection (b) and inserting the following:
``(b) Awards.--
``(1) In general.--In any covered judicial or
administrative action, or related action, the Secretary,
under regulations prescribed by the Secretary, in
consultation with the Attorney General and subject to
subsection (c), shall pay an award or awards to 1 or more
whistleblowers who voluntarily provided original information
to the employer of the individual, the Secretary, or the
Attorney General, as applicable, that led to the successful
enforcement of the covered judicial or administrative action,
or related action, in an aggregate amount equal to--
``(A) not less than 10 percent, in total, of what has been
collected of the monetary sanctions imposed in the action or
related actions; and
``(B) not more than 30 percent, in total, of what has been
collected of the monetary sanctions imposed in the action or
related actions.
``(2) Payment of awards.--Any amount paid under paragraph
(1) shall be paid from the Fund established under paragraph
(3).
``(3) Source of awards.--
``(A) In general.--There shall be established in the
Treasury of the United States a revolving fund to be known as
the Financial Integrity Fund (referred to in this subsection
as the `Fund').
``(B) Use of fund.--The Fund shall be available to the
Secretary, without further appropriation or fiscal year
limitations, for--
``(i) the payment of awards to whistleblowers as provided
in subsection (b);
``(ii) the funding of education initiatives and
administrative expenses; and
``(iii) carrying out the provisions of this subsection.
``(4) Deposits and credits.--
``(A) In general.--There shall be deposited into or
credited to the Fund an amount equal to--
``(i) any monetary sanction collected by the Secretary or
Attorney General in any judicial or administrative action
under this title unless the balance of the Fund at the time
the monetary judgement is collected exceeds $300,000,000; and
``(ii) all income from investments made under paragraph
(5).
``(B) Additional amounts.--If the amounts deposited into or
credited to the Fund under subparagraph (A) are not
sufficient to satisfy an award made under this subsection,
there shall be deposited into or credited to the Fund an
amount equal to the unsatisfied portion of the award from any
monetary sanction collected by the Secretary of the Treasury
or Attorney General in the covered judicial or administrative
action on which the award is based.
``(5) Investments.--
``(A) Amounts in fund may be invested.--The Secretary of
the Treasury may invest the portion of the Fund that is not
required to meet the current needs of the Fund.
``(B) Eligible investments.--Investments shall be made by
the Secretary of the Treasury in obligations of the United
States or obligations that are guaranteed as to principal and
interest by the United States, with maturities suitable to
the needs of the Fund as determined by the Secretary.
``(C) Interest and proceeds credited.--The interest on, and
the proceeds from the sale or redemption of, any obligations
held in the Fund shall be credited to, and form a part of,
the Fund.''.
______
SA 4438. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. RESTRICTIONS ON CONFUCIUS INSTITUTES.
(a) Definition.--In this section, the term ``Confucius
Institute'' means a cultural institute directly or indirectly
funded by the Government of the People's Republic of China.
(b) Restrictions on Confucius Institutes.--An institution
of higher education or other postsecondary educational
institution (referred to in this section as an
``institution'') shall not be eligible to receive Federal
funds from the Department of Education (except funds under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.) or other Department of Education funds that are
provided directly to students) unless the institution ensures
that any contract or agreement between the institution and a
Confucius Institute includes clear provisions that--
(1) protect academic freedom at the institution;
(2) prohibit the application of any foreign law on any
campus of the institution; and
(3) grant full managerial authority of the Confucius
Institute to the institution, including full control over
what is being taught, the activities carried out, the
research grants that are made, and who is employed at the
Confucius Institute.
______
SA 4439. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to
[[Page S7941]]
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. TRADING PROHIBITION FOR 2 CONSECUTIVE NON-
INSPECTION YEARS.
Section 104(i) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7214(i)) is amended--
(1) in paragraph (2)(A)(ii), by striking ``the foreign
jurisdiction described in clause (i)'' and inserting ``a
foreign jurisdiction''; and
(2) in paragraph (3)--
(A) in the paragraph heading, by striking ``3'' and
inserting ``2''; and
(B) in subparagraph (A), in the matter preceding clause
(i), by striking ``3'' and inserting ``2''.
______
SA 4440. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. TRANSFER AND REDEMPTION OF ABANDONED SAVINGS BONDS.
Section 3105 of title 31, United States Code, is amended by
adding at the end the following:
``(f)(1) Notwithstanding any other Federal law, the
ownership of an applicable savings bond may be transferred
pursuant to a valid judgment of escheatment vesting a State
with title to the bond. Nothing in this section, or in any
regulation promulgated by the Secretary to implement this
section, may be construed to preempt State law providing for,
or governing the escheatment of, applicable savings bonds.
``(2) The Secretary shall recognize an order of a court of
competent jurisdiction that vests title to an applicable
savings bond with a State, regardless of whether the State
has possession of such bond if the State provides the
Secretary with a certified copy of such order.
``(3)(A) If a State has title or is seeking to obtain title
through a judicial proceeding to an applicable savings bond,
the Secretary shall provide to the State, upon request, the
serial number of such bond, and any reasonably available
records or information--
``(i) relating to the purchase or ownership of such bond,
including any transactions involving such bond; or
``(ii) which may provide other identifying information
relating to such bond.
``(B) Any records or information provided to a State
pursuant to subparagraph (A) shall be considered sufficient
to enable the State to redeem the applicable savings bond for
full value, regardless whether the bond is lost, stolen,
destroyed, mutilated, defaced, or otherwise not in the
State's possession.
``(4)(A) Subject to subparagraph (C), a State may redeem
and receive payment for an applicable savings bond for which
the State has title pursuant to the same procedures
established pursuant to regulations which are available for
payment or redemption of a savings bond by any owner of such
bond.
``(B) The Secretary may not prescribe any regulation which
prevents or prohibits a State from obtaining title to an
applicable savings bond or redeeming such bond pursuant to
the procedures described in subparagraph (A).
``(C) In the case of an applicable savings bond which is
lost, stolen, destroyed, mutilated, defaced, or otherwise not
in the possession of the State, if the State has requested
records and information under paragraph (3)(A), any
applicable period of limitation for payment or redemption of
such bond shall not begin to run against the State until the
date on which the Secretary has provided the State with the
records and information described in such paragraph.
``(5) If the United States Government makes payment to a
State for an applicable savings bond pursuant to paragraph
(4)--
``(A) that State shall attempt to locate the original owner
of each such bond registered with an address in that State
pursuant to the same standards and requirements as exist
under that State's abandoned property rules and regulations;
``(B) except as provided in subparagraph (C), the United
States Government shall not retain any further obligation or
liability relating to such bond, including any obligation or
liability with respect to the registered owner of such bond
(as described in paragraph (6));
``(C) should a State that receives payment for an
applicable savings bond pursuant to paragraph (4) fail to
make payment to a registered owner of such bond (as described
in paragraph (6)(B)) after presentment of a valid claim of
ownership pursuant to that State's abandoned property rules
and regulations, such owner may then seek redemption of their
bond through the Secretary or any paying agent authorized by
the United States Government to make payments to redeem such
bonds, and it shall be paid; and
``(D) where the United States Government has made payment
of an applicable savings bond under subparagraph (C), the
respective State shall indemnify the United States for
payments made on such bond.
``(6) For purposes of this subsection, the term `applicable
savings bond' means any United States savings bond that--
``(A) matured on or before December 31, 2017;
``(B) is registered to an owner with a last known address
within a State claiming title under a valid escheatment order
entered after December 31, 2012, and before January 2026; and
``(C) has not been redeemed by such owner.''.
______
SA 4441. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 376. PRELIMINARY COST ESTIMATE FOR ACTIVITIES OF
COMMISSION ON NAMING OF ITEMS OF DEPARTMENT OF
DEFENSE THAT COMMEMORATE THE CONFEDERATE STATES
OF AMERICA OR ANY PERSON WHO SERVED VOLUNTARILY
WITH THE CONFEDERATE STATES OF AMERICA.
Section 370 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) by redesignating subsections (h), (i), and (j), as
subsections (i), (j), and (k), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Preliminary Cost Estimate.--Not later than September
30, 2022, the Commission shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
preliminary cost estimate for the activities of the
Commission.''.
______
SA 4442. Mr. KENNEDY (for himself and Mr. Menendez) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title II, insert the
following:
SEC. ___. ADDITIONAL AMOUNT FOR EXECUTION OF CLIN 0101.
(a) Additional Amount.--The amount authorized to be
appropriated for fiscal year 2022 by section 201 for
research, development, test, and evaluation is hereby
increased by $41,700,000, with the amount of the increase to
be available for Medium Unmanned Surface Vehicle, line 095 of
the table in section 4201, to carry out execution of CLIN
0101.
(b) Offsets.--
(1) Reduction.--The amount authorized to be appropriated
for fiscal year 2022 by section 301 for operation and
maintenance is hereby decreased by $41,700,000.
(2) Availability.--Amounts available for operation and
maintenance pursuant to section 301 are hereby reduced as
follows:
(A) The amount for Operation and Maintenance, Air Force,
Base Support, as specified on line 90 of the table in section
4301, by $15,000,000.
(B) The amount for Operation and Maintenance, Army, Base
Operations Support, as specified on line 110 of the table in
section 4301, by $14,000,000.
(C) The amount for Operation and Maintenance, Navy, Base
Operating Support, as specified on line 280 of the table in
section 4301, by $10,000,000.
(D) The amount for Operation and Maintenance, Defense-wide,
Office of the Secretary of Defense, as specified on line 540
of the table in section 4301, by $2,700,000.
______
SA 4443. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military
[[Page S7942]]
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1216. REPORT ON VETTING NATIONALS FROM AFGHANISTAN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to Congress a report on the process used to vet
nationals of Afghanistan who arrived in the United States
during the period beginning on July 15, 2021 and ending on
August 31, 2021.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of such process.
(2) The number of such nationals of Afghanistan present in
the United States who, upon entry to the United States--
(A) did not present the identification documents required
for admission into the United States; and
(B) were allowed to provide only a name and date of birth
to vetting officials to input into tracking systems of the
Government.
(3) A description of the training that vetting officials
receive regarding the detection of fraudulent identification
documents.
(4) In the case of any such national of Afghanistan who has
been detained following entry to the United States for
reasons related to national security, a specific
justification for such detention.
(5) A plan for relocating nationals of Afghanistan held in
the Republic of Kosovo due to the potential risks they pose
to the national security of the United States.
______
SA 4444. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SECTION 1216. REPORT ON THE NUMBER OF UNITED STATES CITIZENS
AND INTERPRETERS AND ALLIES OF THE UNITED
STATES REMAINING IN AFGHANISTAN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to Congress a report on the number of United States
citizens and interpreters and allies of the United States who
remain in Afghanistan following the evacuation of Afghanistan
beginning in July 2021.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The number of United States citizens and lawful
permanent residents in Afghanistan.
(2) The number of nationals of Afghanistan who--
(A) sought assistance from the Government of the United
States to evacuate Afghanistan during the period beginning on
July 15, 2021 and ending on August 31, 2021; and
(B) remain in Afghanistan.
(3) The number of nationals of Afghanistan who--
(A) served as interpreters for, or were allies of, the
United States; and
(B) remain in Afghanistan.
______
SA 4445. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1216. IMPOSITION OF SANCTIONS WITH RESPECT TO
TRANSACTIONS INVOLVING AFGHANISTAN'S RARE EARTH
MINERALS.
(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to each foreign
person the President determines engages, on or after the date
of the enactment of this Act, in any transaction involving
rare earth minerals mined or otherwise extracted in
Afghanistan.
(b) Sanctions Described.--The sanctions to be imposed under
subsection (a) with respect to a foreign person are the
following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and prohibit all
transactions in property and interests in property of the
foreign person if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of
an alien described in subsection (a) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b)(1) or any regulation, license, or order issued
to carry out that subsection shall be subject to the
penalties set forth in subsections (b) and (c) of section 206
of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(d) National Security Waiver.--The President may waive the
imposition of sanctions under subsection (a) with respect to
a foreign person if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
notification of the waiver and the reasons for the waiver.
(e) Exceptions.--
(1) Intelligence activities.--This section shall not apply
with respect to activities subject to the reporting
requirements under title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence
activities of the United States.
(2) Law enforcement activities.--Sanctions under this
section shall not apply with respect to any authorized law
enforcement activities of the United States.
(3) Exception to comply with international agreements.--
Subsection (b)(2) shall not apply with respect to the
admission of an alien to the United States if such admission
is necessary to comply with the obligations of the United
States under the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, under the Convention on
Consular Relations, done at Vienna April 24, 1963, and
entered into force March 19, 1967, or under other
international agreements.
(4) Exception relating to importation of goods.--
(A) In general.--The authority or a requirement to impose
sanctions under this section shall not include the authority
or a requirement to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
(f) Report Required.--The Secretary of State shall submit
to the appropriate congressional committees a report on the
supply of rare earth minerals in Afghanistan during the
period after the Taliban gained control of Afghanistan.
(g) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those
terms in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) Foreign person.--The term ``foreign person'' means any
individual or entity that is not a United States person.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
to the United States for permanent residence; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States.
______
SA 4446. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military
[[Page S7943]]
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. REPORTS ON CURRICULUM USED IN SCHOOLS IN AREAS
CONTROLLED BY THE PALESTINIAN AUTHORITY AND IN
GAZA.
(a) Findings.--Congress finds the following:
(1) In 2016 and 2017, the Palestinian Authority published
modified curricula for school-aged children in grades 1
through 11.
(2) Textbooks used by the Palestinian Authority in the West
Bank and Gaza include graphics portraying violence against
Israeli soldiers, positive portrayals of individuals who have
committed attacks against citizens of Israel, and references
to Palestinian efforts to target the ``Zionists''.
(3) Palestinian Authority textbooks are used at schools
sponsored by the United Nations Relief and Works Agency for
Palestine Refugees in the Near East because the schools use
the textbooks of the host government.
(4) On April 26, 2018, the Government Accountability Office
published a report that found the following:
(A) Textbooks in schools in areas controlled by the
Palestinian Authority feature inaccurate and misleading maps
of the region and include militaristic, adversarial imagery
and content that incite hatred.
(B) The Department of State raised with Palestinian
officials the objectionable content in the textbooks,
including a specific math problem using the number of
Palestinian casualties in the First and Second Intifadas.
(C) The United Nations Relief and Works Agency for
Palestine Refugees in the Near East, in its review of the
textbooks, identified content not aligned with United Nations
values, the majority of which content related to neutrality
or bias issues, including issues related to maps and
references to Jerusalem as the capital of Palestine.
(b) Sense of Congress.--It is the sense of Congress that
the Palestinian Authority has not sufficiently eliminated
content encouraging violence or intolerance toward other
countries or ethnic groups from the curriculum used in
schools in areas controlled by the Palestinian Authority.
(c) Reports Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 2
years in accordance with paragraph (4), the Secretary of
State shall submit to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives a report reviewing curriculum used in
schools in areas controlled by the Palestinian Authority or
located in Gaza and controlled by any other entity.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A determination of whether the curriculum reviewed
contains content encouraging violence or intolerance toward
other countries or ethnic groups, and a detailed explanation
of the reasons for reaching such determination.
(B) An assessment of the steps the Palestinian Authority is
taking to reform curriculum containing such content at
schools to conform with standards of peace and tolerance in
the Declaration of Principles on Tolerance adopted by Member
States of the United Nations Educational, Scientific and
Cultural Organization on November 16, 1995.
(C) A determination of whether United States foreign
assistance is used, directly or indirectly, to fund the
dissemination of such curriculum by the Palestinian
Authority.
(D) A detailed report on how United States assistance is
being used to address curriculum that encourages violence or
intolerance toward other nations or ethnic groups.
(E) A detailed report on United States diplomatic efforts,
during the 5-year period preceding the date on which the
report is submitted, to encourage peace and tolerance in
Palestinian education.
(F) If any diplomatic efforts referred to in subparagraph
(E) were stopped by the Secretary of State, the reasons for
such stoppages.
(3) Public availability.--The Secretary of State shall post
on a publicly available website of the Department of State
each report required by paragraph (1).
(4) Subsequent deadlines.--Each report required by
paragraph (1), other than the first such report, shall be
submitted not later than 90 days after the date on which a
new school year begins for schools in areas controlled by the
Palestinian Authority.
______
SA 4447. Mr. GRAHAM (for himself and Mr. Schumer) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CATAWBA INDIAN NATION LANDS.
(a) Application of Current Law.--
(1) Lands in south carolina.--Section 14 of the Catawba
Indian Tribe of South Carolina Claims Settlement Act of 1993
(Public Law 103-116) shall only apply to gaming conducted by
the Catawba Indian Nation on lands located in South Carolina.
(2) Lands in states other than south carolina.--Gaming
conducted by the Catawba Indian Nation on lands located in
States other than South Carolina shall be subject to the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and
sections 1166 through 1168 of title 18, United States Code.
(b) Reaffirmation of Status and Actions.--
(1) Ratification of trust status.--The action taken by the
Secretary on July 10, 2020, to place approximately 17 acres
of land located in Cleveland County, North Carolina, into
trust for the benefit of the Catawba Indian Nation is hereby
ratified and confirmed as if that action had been taken under
a Federal law specifically authorizing or directing that
action.
(2) Administration.--The land placed into trust for the
benefit of the Catawba Indian Nation by the Secretary on July
10, 2020, shall--
(A) be a part of the Catawba Reservation and administered
in accordance with the laws and regulations generally
applicable to land held in trust by the United States for an
Indian Tribe; and
(B) be deemed to have been acquired and taken into trust as
part of the restoration of lands for an Indian tribe that is
restored to Federal recognition pursuant to section
20(b)(1)(B)(iii) of the Indian Gaming Regulatory Act (25
U.S.C. 2719(b)(1)(B)(iii)).
(3) Rules of construction.--Nothing in this section shall--
(A) enlarge, impair, or otherwise affect any right or claim
of the Catawba Indian Nation to any land or interest in land
in existence before the date of the enactment of this Act;
(B) affect any water right of the Catawba Indian Nation in
existence before the date of the enactment of this Act;
(C) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before
the date of the enactment of this Act; or
(D) alter or diminish the right of the Catawba Indian
Nation to seek to have additional land taken into trust by
the United States for the benefit of the Catawba Indian
Nation.
______
SA 4448. Mr. GRAHAM submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1216. SENSE OF CONGRESS ON ROLE OF QATAR IN SUPPORT OF
OPERATION ALLIES REFUGE.
(a) Findings.--Congress makes the following findings:
(1) Thousands of United States citizens, lawful permanent
residents, vulnerable Afghans, and their families sought
refuge following the Afghan Taliban's takeover of the Islamic
Republic of Afghanistan.
(2) The State of Qatar played a critical role in assisting
the United States in evacuating thousands of people from the
rule of the Afghan Taliban regime.
(3) Al Udeid Air Base in Qatar served as a central
transportation hub for many evacuees desperately seeking to
exit Afghanistan.
(4) Secretary of Defense Lloyd J. Austin stated, ``Qatar's
support for Operation Allies Refuge was indispensable to the
safe transit of Americans and U.S. personnel, allies,
partners and Afghans at special risk.''
(b) Sense of Congress.--Congress--
(1) thanks the State of Qatar for their pivotal role and
support of Operation Allies Refuge; and
(2) appreciates the State of Qatar's support to temporarily
house thousands of evacuees until they are cleared for
follow-on movement.
______
SA 4449. Mr. TILLIS submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. __. BRIEFING ON DEPARTMENT OF DEFENSE INTEROPERABILITY
FOR DATA ANALYTICS.
(a) Briefing Required.--Not later than 60 days after the
date of the enactment of this Act, the Chief Data Officer of
the Department of Defense shall brief the congressional
[[Page S7944]]
defense committees on the activities the Department is
undertaking to ensure that authoritative enterprise data is
available to and interoperable among multiple data management
and analytics platforms for the Secretary of Defense, Deputy
Secretary of Defense, Principal Staff Assistants, and
components of the Department in adherence with an open data
standard architecture.
(b) Elements.--The briefing provided under subsection (a)
shall include the following:
(1) An assessment of how data analytics platforms currently
in use adhere to an open data standard architecture in
accordance with the Deputy Secretary of Defense's memorandum
on Creating Data Advantage.
(2) A description of the process and metrics used by the
Chief Data Officer to approve additional platforms for use.
(3) A plan to federate data that can be accessed across the
enterprise, wherever it exists, by multiple data analytics
platforms.
(4) An assessment of the cybersecurity benefits derived
through implementing a diversity of data platforms.
(5) An assessment of the ability to better meet unique
mission requirements at the edge via operator access to
competitive, multi-tool analytics platforms.
______
SA 4450. Ms. KLOBUCHAR (for herself, Mr. Cornyn, Mr. Coons, and Ms.
Murkowski) submitted an amendment intended to be proposed by her to the
bill H.R. 4350, to authorize appropriations for fiscal year 2022 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1054. STUDY ON FACTORS AFFECTING EMPLOYMENT
OPPORTUNITIES FOR IMMIGRANTS AND REFUGEES WITH
PROFESSIONAL CREDENTIALS OBTAINED IN FOREIGN
COUNTRIES.
(a) Definitions.--
(1) Applicable immigrants and refugees.--In this section,
the term ``applicable immigrants and refugees''--
(A) means individuals who--
(i)(I) are not citizens or nationals of the United States;
and
(II) are lawfully present in the United States and
authorized to be employed in the United States; or
(ii) are naturalized citizens of the United States who were
born outside of the United States and its outlying
possessions; and
(B) includes individuals described in section 602(b)(2) of
the Afghan Allies Protection Act of 2009 (title VI of
division F of Public Law 111-8; 8 U.S.C. 1101 note).
(2) Other terms.--Except as otherwise defined in this
subsection, terms used in this section have the definitions
given such terms under section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)).
(b) Study Required.--
(1) In general.--The Secretary of Labor, in coordination
with the Secretary of State, the Secretary of Education, the
Secretary of Health and Human Services, the Secretary of
Commerce, the Secretary of Homeland Security, the
Administrator of the Internal Revenue Service, and the
Commissioner of the Social Security Administration, shall
conduct a study of the factors affecting employment
opportunities in the United States for applicable immigrants
and refugees who have professional credentials that were
obtained in a country other than the United States.
(2) Work with other entities.--The Secretary of Labor shall
seek to work with relevant nonprofit organizations and State
agencies to use the existing data and resources of such
entities to conduct the study required under paragraph (1).
(3) Limitations on disclosure.--Any information provided to
the Secretary of Labor in connection with the study required
under paragraph (1)--
(A) may only be used for the purposes of, and to the extent
necessary to ensure the efficient operation of, such study;
and
(B) may not be disclosed to any other person or entity
except as provided under this subsection.
(c) Inclusions.--The study required under subsection (b)(1)
shall include--
(1) an analysis of the employment history of applicable
immigrants and refugees admitted to the United States during
the 5-year period immediately preceding the date of the
enactment of this Act, which shall include, to the extent
practicable--
(A) a comparison of the employment applicable immigrants
and refugees held before immigrating to the United States
with the employment they obtained in the United States, if
any, since their arrival; and
(B) the occupational and professional credentials and
academic degrees held by applicable immigrants and refugees
before immigrating to the United States;
(2) an assessment of any barriers that prevent applicable
immigrants and refugees from using occupational experience
obtained outside the United States to obtain employment in
the United States;
(3) an analysis of available public and private resources
assisting applicable immigrants and refugees who have
professional experience and qualifications obtained outside
of the United States to obtain skill-appropriate employment
in the United States; and
(4) policy recommendations for better enabling applicable
immigrants and refugees who have professional experience and
qualifications obtained outside of the United States to
obtain skill-appropriate employment in the United States.
(d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Labor shall--
(1) submit a report to Congress that describes the results
of the study conducted pursuant to subsection (b); and
(2) make such report publically available on the website of
the Department of Labor.
______
SA 4451. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. ADDRESSING THREATS TO NATIONAL SECURITY WITH
RESPECT TO WIRELESS COMMUNICATIONS RESEARCH AND
DEVELOPMENT.
(a) In General.--Chapter 4 of title II of the Trade
Expansion Act of 1962 (19 U.S.C. 1862 et seq.) is amended by
adding at the end the following:
``SEC. 234. STATEMENT OF POLICY.
``It is the policy of the United States--
``(1) to ensure the continued strength and leadership of
the United States with respect to the research and
development of key technologies for future wireless
telecommunications standards and infrastructure;
``(2) that the national security of the United States
requires the United States to maintain its leadership in the
research and development of key technologies for future
wireless telecommunications standards and infrastructure; and
``(3) that the national security and foreign policy of the
United States requires that the importation of items that
use, without a license, a claimed invention protected by a
patent that is essential for the implementation of a wireless
communications standard and is held by a United States
person, be controlled to ensure the achievement of the
policies described in paragraphs (1) and (2).
``SEC. 235. LIST OF FOREIGN ENTITIES THAT THREATEN NATIONAL
SECURITY WITH RESPECT TO WIRELESS
COMMUNICATIONS RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary of Commerce (in this
section referred to as the `Secretary') shall establish and
maintain a list of each foreign entity that the Secretary
determines--
``(1)(A) uses, without a license, a claimed invention
protected by a patent that is essential for the
implementation of a wireless communications standard and is
held by a covered person; and
``(B) is a person of concern or has as its ultimate parent
a person of concern; or
``(2) is a successor to an entity described in paragraph
(1).
``(b) Watch List.--
``(1) In general.--The Secretary shall establish and
maintain a watch list of each foreign entity--
``(A)(i) that is a person of concern or has as its ultimate
parent a person of concern; and
``(ii) with respect to which a covered person has made the
demonstration described in paragraph (2) in a petition
submitted to the Secretary for the inclusion of the entity on
the list; or
``(B) that is a successor to an entity described in
subparagraph (A).
``(2) Demonstration described.--
``(A) In general.--A covered person has made a
demonstration described in this paragraph if the person has
reasonably demonstrated to the Secretary that--
``(i) the person owns at least one unexpired patent that is
essential for the implementation of a wireless communications
standard;
``(ii) a foreign entity that is a person of concern, or has
as its ultimate parent a person of concern, has been, for a
period of more than 180 days, selling wireless communications
devices in or into the United States, directly or indirectly,
that are claimed, labeled, marketed, or advertised as
complying with that standard;
``(iii) the covered person has offered to the foreign
entity or any of its affiliates--
``(I) a license to the person's portfolio of patents that
are essential to that standard; or
``(II) to enter into binding arbitration to resolve the
terms of such a license; and
``(iv) the foreign entity has not executed a license
agreement or an agreement to enter into such arbitration, as
the case may be, by the date that is 180 days after the
covered person made such an offer.
``(B) Demonstration of essentiality.--A covered person may
demonstrate under subparagraph (A)(i) that the person owns at
least one unexpired patent that is essential for the
implementation of a wireless communications standard by
providing to the Secretary any of the following:
[[Page S7945]]
``(i) A decision by a court or arbitral tribunal that a
patent owned by the person is essential for the
implementation of that standard.
``(ii) A determination by an independent patent evaluator
not hired by the person that a patent owned by the person is
essential for the implementation of that standard.
``(iii) A showing that wireless communications device
manufacturers together accounting for a significant portion
of the United States or world market for such devices have
entered into agreements for licenses to the person's
portfolio of patents that are essential for the
implementation of that standard.
``(iv) A showing that the person has previously granted
licenses to the foreign entity described in subparagraph
(A)(ii) or any of its affiliates with respect to a reasonably
similar portfolio of the person's patents that are essential
for the implementation of that standard.
``(C) Accounting of wireless communications device
market.--A showing described in subparagraph (B)(iii) may be
made either by including or excluding wireless communications
device manufacturers that are persons of concern.
``(3) Procedures.--
``(A) Adding a foreign entity to the watch list.--
``(i) In general.--The Secretary may add a foreign entity
to the watch list under paragraph (1) only after notice and
opportunity for an agency hearing on the record in accordance
with (except as provided in clause (ii)) sections 554 through
557 of title 5, United States Code.
``(ii) Matters considered at hearing.--An agency hearing
conducted under clause (i)--
``(I) shall be limited to consideration of--
``(aa) whether the demonstration described in paragraph (2)
has been reasonably made; and
``(bb) the amount of bond to be required in accordance with
section 236; and
``(II) may not include the presentation or consideration of
legal or equitable defenses or counterclaims.
``(B) Administrative procedure.--Except as provided in
subparagraph (A), the functions exercised under this section
and section 236 shall not be subject to sections 551, 553
through 559, or 701 through 706 of title 5, United States
Code.
``(c) Movement Between Lists.--A foreign entity on the
watch list required by subsection (b)(1) may be moved to the
list required by subsection (a), pursuant to procedures
established by the Secretary, on or after the date that is
one year after being included on the watch list if the
foreign entity is not able to reasonably demonstrate that it
has entered into a patent license agreement or a binding
arbitration agreement with each covered person that has made
the demonstration described in subsection (b)(2) with respect
to the entity.
``(d) Removal From Lists.--A foreign entity on the list
required by subsection (a) or on the watch list required by
subsection (b)(1) may petition the Secretary to be removed
from that list on the basis that the conditions that led to
the inclusion of the foreign entity on the list no longer
exist. The burden of proof shall be on the foreign entity.
``(e) Definitions.--In this section:
``(1) Affiliate.--The term `affiliate', with respect to an
entity, means any entity that owns or controls, is owned or
controlled by, or is under common ownership or control with,
the entity.
``(2) Country of concern.--The term `country of concern'
means a country with respect to which the Secretary
determines that--
``(A) persons in the country persistently use, without
obtaining a license, patents--
``(i) essential to the implementation of wireless
communications standards; and
``(ii) held by a covered person; and
``(B) that use of patents poses a threat to--
``(i) the ability of the United States to maintain a
wireless communications research and development
infrastructure; and
``(ii) the national security of the United States, pursuant
to the policy set forth in section 234.
``(3) Covered person.--The term `covered person' means--
``(A) a covered United States person; or
``(B) an affiliate of a covered United States person--
``(i) headquartered in, or organized under the laws of, a
country that is a member of the European Union or the North
Atlantic Treaty Organization; and
``(ii) engaged in wireless communications research and
development.
``(4) Covered united states person.--The term `covered
United States person' means a United States person engaged in
wireless communications research and development in the
United States.
``(5) Person of concern.--The term `person of concern'
means a person that is--
``(A) an individual who is a citizen or national (as
defined in section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a))) of a country of concern; or
``(B) an entity that is headquartered in, or organized
under the laws of, a country of concern.
``(6) United states person.--The term `United States
person' means--
``(A) an individual who is a United States citizen or an
alien lawfully admitted for permanent residence to the United
States;
``(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity; or
``(C) any person in the United States.
``(7) Wireless communications standard.--The term `wireless
communications standard' means--
``(A) a cellular wireless telecommunications standard,
including such a standard promulgated by the 3rd Generation
Partnership Project (commonly known as `3GPP') or the 3rd
Generation Partnership Project 2 (commonly known as `3GPP2');
or
``(B) a wireless local area network standard, including
such a standard designated as IEEE 802.11 as developed by the
Institute of Electrical and Electronics Engineers (commonly
known as the `IEEE').
``SEC. 236. IMPORT SANCTIONS WITH RESPECT TO CERTAIN FOREIGN
ENTITIES THAT THREATEN NATIONAL SECURITY.
``(a) In General.--Any foreign entity on the list required
by section 235(a) may be subject to such controls on the
importing of goods or technology into the United States as
the President may prescribe.
``(b) Entry Under Bond.--
``(1) In general.--Unless otherwise prescribed by the
President, a product described in paragraph (2) may not enter
the United States except under bond prescribed by the
Secretary of Commerce in an amount determined by the
Secretary to be sufficient to protect from injury a covered
United States person that made the demonstration described in
section 235(b)(2) with respect to the entity that has been
selling the product directly or indirectly in or into the
United States.
``(2) Products described.--A product described in this
paragraph is a wireless communications device--
``(A) produced or sold by--
``(i) a foreign entity on the watch list required by
section 235(b);
``(ii) a successor of such an entity; or
``(iii) an affiliate of an entity described in clause (i)
or (ii); and
``(B) that is claimed, labeled, marketed, or advertised as
complying with a wireless communications standard that was
the basis for the inclusion of the foreign entity on the
watch list.
``(c) Forfeiture of Bond.--
``(1) In general.--If a foreign entity on the watch list
required by section 235(b) is moved to the list required by
section 235(a) and becomes subject to controls under
subsection (a), a bond paid under subsection (b) shall be
forfeited to a covered United States person that made the
demonstration described in section 235(b)(2) with respect to
the entity.
``(2) Terms and conditions.--The Secretary of Commerce
shall prescribe the procedures and any terms or conditions
under which bonds will be forfeited under paragraph (1).
``(d) Non-interest-bearing Bonds.--A bond under this
section shall be non-interest-bearing.
``(e) Definitions.--In this section, the terms `affiliate'
and `covered United States person' have the meanings given
those terms in section 235(d).''.
(b) Controls on Imports of Goods or Technology Against
Persons That Raise National Security Concerns.--Section 233
of the Trade Expansion Act of 1962 (19 U.S.C. 1864) is
amended to read as follows:
``SEC. 233. IMPORT SANCTIONS FOR EXPORT VIOLATIONS.
``(a) In General.--A person described in subsection (b) may
be subject to such controls on the importing of goods or
technology into the United States as the President may
prescribe.
``(b) Persons Described.--A person described in this
subsection is a person that--
``(1) violates any national security export control imposed
under section 1755 of the Export Control Reform Act of 2018
(50 U.S.C. 4814) or any regulation, order, or license issued
under that section; or
``(2) raises a national security concern under--
``(A) section 235 or any regulation, order, or license
issued under that section; or
``(B) the Export Control Reform Act of 2018 (50 U.S.C. 4801
et seq.) or any regulation, order, or license issued under
that Act.''.
______
SA 4452. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill H.R. 4350, to authorize appropriations for fiscal year
2022 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, insert the
following:
SEC. 1264. REPORTS ON ADOPTION OF CRYPTOCURRENCY AS LEGAL
TENDER IN EL SALVADOR.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the heads of other relevant Federal
departments and agencies, shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report on the
adoption by the Government of El Salvador of a cryptocurrency
as legal tender.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the process followed by the Government
of El Salvador to develop
[[Page S7946]]
and enact the Bitcoin Law (Legislative Decree No. 57,
Official Record No. 110, Volume 431, enacted June 9, 2021),
which provides the cryptocurrency, Bitcoin, with legal tender
status in El Salvador.
(2) An assessment of--
(A) the regulatory framework in El Salvador with respect to
the adoption of a cryptocurrency as legal tender and the
technical capacity of El Salvador to effectively mitigate the
financial integrity and cyber security risks associated with
virtual-asset transactions;
(B) whether the regulatory framework in El Salvador meets
the requirements of the Financial Action Task Force with
respect to virtual-asset transactions;
(C) whether the regulatory framework for the adoption of a
cryptocurrency as legal tender in El Salvador meets the
guidelines set forth by the Group of Seven in the document
entitled ``Public Policy Principles for Retail Central Bank
Digital Currencies'' issued on October 14, 2021;
(D) the impact of such adoption of a cryptocurrency on--
(i) the macroeconomic stability and public finances of El
Salvador;
(ii) the rule of law, democratic governance, and respect
for inalienable rights in El Salvador;
(iii) bilateral and international efforts to combat
transnational illicit activities; and
(iv) El Salvador's bilateral economic relationship with the
United States;
(3) a description of internet infrastructure of El Salvador
and an assessment of--
(A) the degree to which cryptocurrency is used in El
Salvador; and
(B) access to transparent and affordable internet and
digital infrastructure among the unbanked population of El
Salvador.
(c) Plan to Mitigate Risks to United States Financial
System.--Not later than 90 days after the submittal of the
report required by subsection (a), the Secretary, in
coordination with the heads of the relevant Federal
departments and agencies, shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a plan to mitigate
any potential risk to the United States financial system
posed by the adoption of a cryptocurrency as legal tender in
El Salvador.
(d) Subsequent Report.--Not later than 270 days after the
submittal of the report required by subsection (a), the
Secretary, in coordination with the heads of other relevant
Federal departments and agencies, shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
an updated version of such report, including a description of
any significant development related to the risks to the
United States financial system posed by the use of a
cryptocurrency as legal tender in El Salvador.
______
SA 4453. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, insert the following:
SEC. 1054. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON
OVERSIGHT OF INTERNATIONAL LIFE SCIENCES
RESEARCH COLLABORATION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit a report to the appropriate
congressional committees on the following matters:
(1) An audit of United States Government authorities,
policies, and processes governing cooperation with other
nations as it relates to life sciences research that could be
weaponized or pose dual-use concerns, such as pathogens or
toxins, synthetic biology, and related emerging technologies,
and the degree to which these authorities, policies, and
processes account for national security, proliferation, and
country-specific considerations in decisions on whether to
pursue such collaboration.
(2) An assessment of the degree of coordination between
Federal departments and agencies responsible for public
health preparedness and the governance of biomedical research
and Federal departments and agencies responsible for national
security, especially the United States Department of State,
to assess and account for security implications of
cooperation with other nations on life sciences research.
(b) Elements.--The review required under subsection (a)
shall address the following elements:
(1) The Federal department or agencies or other
governmental entities that provide funding or other material
support for life sciences research, especially biological
research, with other nations.
(2) The authorities, policies, and processes that currently
exist for reviewing, approving, and monitoring grant funding
or other material support for biological research with other
nations, including a description of all the steps involved
reviewing, approving, and monitoring such funding or other
support.
(3) Which Federal departments and agencies, including
specific bureaus and offices, are involved in the
authorities, policies, and processes described in paragraph
(2).
(4) The circumstances under which Federal departments and
agencies apply enhanced review, monitoring, and coordination
to proposed collaboration, as well as an analysis of the
extent to which and how national security, proliferation, or
country-specific considerations, such as a nation's adherence
to the Biological Weapons Convention, are among the
circumstances that trigger enhanced scrutiny of whether the
United States Government should fund a particular research
program.
(5) The information required to be included in an
application for United States Government funding of life
sciences research to address potential national security,
proliferation, or country-specific concerns, and whether the
information required varies across departments and agencies.
(6) The extent to which Federal departments and agencies
with national security responsibilities have visibility into
the information described in paragraph (5) prior to an award
being made, even if grantees are applying to funding from
another Federal department or agency.
(7) The processes and timeline by which funds are issued to
the awardee or awardees after a grant or other funding award
is made, and to what extent these funds are monitored for
national security implications thereafter, including how
Federal departments and agencies with national security
responsibilities are involved in monitoring such research
after funds are awarded.
(c) Report Submission.--Within 15 days of the completion of
the report required under subsection (a), the Comptroller
General shall submit the report to--
(1) the Committee on Foreign Relations, the Committee on
Health, Education, Labor, and Pensions, and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Energy and Commerce, and the Committee on Armed Services of
the House of Representatives.
(d) Form of Report.--The report required under subsection
(a) shall be submitted in unclassified form, but may include
a classified annex.
______
SA 4454. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. LIMITATION ON REMOVING GOVERNMENT OF CUBA FROM
STATE SPONSORS OF TERRORISM LIST UNTIL
PRESIDENT CERTIFIES CUBA NO LONGER PROVIDES
SANCTUARY TO TERRORISTS AND UNITED STATES
FUGITIVES.
The President may not remove Cuba from the list of state
sponsors of terrorism until the President, without
delegation, certifies and reports to Congress that the
Government of Cuba has ceased to provide sanctuary to
terrorists and United States fugitives.
______
SA 4455. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
After section 1537, insert the following:
SEC. 1538. BRIEFING ON CONSULTATIONS WITH UNITED STATES
ALLIES REGARDING NUCLEAR POSTURE REVIEW.
(a) In General.--Not later than January 31, 2022, the
Secretary of Defense, in coordination with the Secretary of
State, shall brief the appropriate congressional committees
on all consultations with United States allies regarding the
2021 Nuclear Posture Review.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
(1) A listing of all countries consulted with respect to
the 2021 Nuclear Posture Review, including the dates and
circumstances of each such consultation and the countries
present.
(2) An overview of the topics and concepts discussed with
each such country during such consultations, including any
discussion of potential changes to the nuclear declaratory
policy of the United States.
(3) A summary of any feedback provided during such
consultations.
(c) Form.--The briefing required by subsection (a) shall be
conducted in both in an unclassified and classified format.
[[Page S7947]]
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
______
SA 4456. Mr. RISCH (for himself and Mr. Murphy) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Diplomatic Support and Security
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Diplomatic Support and
Security Act of 2021''.
SEC. 1292. FINDINGS.
Congress makes the following findings:
(1) A robust overseas diplomatic presence is an effective
foreign policy, particularly in unstable environments where a
flexible and timely diplomatic response can be decisive in
preventing and addressing violent conflict.
(2) Diplomats routinely put themselves and their families
at great personal risk to serve their country overseas where
they increasingly face threats related to international
terrorism, violent conflict, and public health, among others.
(3) The Department of State has a remarkable record of
protecting personnel while enabling an enormous amount of
global diplomatic activity, often in unsecure and remote
places and facing a variety of evolving risks and threats.
With support from Congress, the Department of State has
revised policy, improved physical security through
retrofitting and replacing old facilities, deployed
additional security personnel and armored vehicles, and
greatly enhanced training requirements and facilities,
including the new Foreign Affairs Security Training Center in
Blackstone, Virginia.
(4) However, there is broad consensus that the pendulum has
swung too far toward eliminating risk, excessively inhibiting
diplomatic activity, too often resulting in embassy closures,
reducing footprints, and postponing or denying travel
requests.
(5) Diplomatic missions rely on robust staffing and
ambitious external engagement to advance United States
interests as diverse as competing with China's malign
influence around the world, fighting terrorism and
transnational organized crime, preventing and addressing
violent conflict and humanitarian disasters, promoting United
States businesses and trade, protecting the rights of
marginalized groups, addressing climate change, and
preventing pandemic disease.
(6) Despite the fact that Congress currently provides
annual appropriations in excess of $1,900,000,000 for embassy
security, construction, and maintenance, the Department of
State is unable to fully transform this considerable
investment into true overseas presence given excessive
movement and safety restrictions that inhibit the ability of
diplomats to--
(A) meet outside United States secured facilities with
foreign leaders to explain, defend, and advance United States
priorities;
(B) understand and report on foreign political, social, and
economic conditions through meeting and interacting with
community officials outside of United States facilities;
(C) provide United States citizen services that can be are
often a matter of life and death in unsecure places; and
(D) collaborate and, at times, compete with other
diplomatic missions, such as the People's Republic of China,
that do not have the same restrictions on meeting locations.
(7) Given these stakes, Congress has a responsibility to
empower, support, and hold the Department of State
accountable for implementing an aggressive presence strategy
that mitigates potential risks and adequately considers the
myriad direct and indirect consequences of a lack of
presence.
SEC. 1293. ENCOURAGING EXPEDITIONARY DIPLOMACY.
(a) Purpose.--Subsection (b) of section 102 of the
Diplomatic Security Act (22 U.S.C. 4801(b)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) to promote strengthened security measures,
institutionalize a culture of learning, and, in the case of
apparent gross negligence or breach of duty, recommend the
Director General of the Foreign Service investigate
accountability for United States Government personnel with
security-related responsibilities;'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) to support a culture of risk management, instead of
risk avoidance, that enables the Department of State to
pursue its vital goals with full knowledge that it is not
desirable nor possible for the Department to avoid all
risks;''.
(b) Briefings on Embassy Security.--Section 105(a)(1) of
the Diplomatic Security Act (22 U.S.C. 4804(a)) is amended--
(1) by striking ``any plans to open or reopen a high risk,
high threat post'' and inserting ``progress towards opening
or reopening high risk, high threat posts, and the risk to
national security of the continued closure and remaining
barriers to doing so'';
(2) in subparagraph (A), by striking ``the type and level
of security threats such post could encounter'' and inserting
``the risk to national security of the post's continued
closure''; and
(3) in subparagraph (C), by inserting ``the type and level
of security threats such post could encounter, and'' before
``security `tripwires' ''.
SEC. 1294. INVESTIGATION OF SERIOUS SECURITY INCIDENTS.
(a) Section 301 of the Diplomatic Security Act of 1986 (22
U.S.C. 4831) is amended--
(1) in the section heading, by striking ``accountability
review boards'' and inserting ``security review committees'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Convening the security review committee.--
``(A) In general.--In any case of a serious security
incident involving loss of life, serious injury, or
significant destruction of property at, or related to, a
United States Government (USG) diplomatic mission abroad, and
in any case of a serious breach of security involving
intelligence activities of a foreign government directed at a
USG mission abroad, a Security Review Committee (SRC) into
the event shall be convened by the Department of State and a
report produced for the Secretary providing a full account of
what occurred.
``(B) Exception.--A Serious Security Incident Investigation
need not be convened where the Secretary determines that a
case clearly involves only causes unrelated to security.'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) Committee composition.--The Secretary shall determine
the composition of the SRC and designate a Chairperson.
Members of the SRC shall, at a minimum, include the following
personnel:
``(A) A representative of the Under Secretary of State for
Management, who shall serve as chair of the SRC.
``(B) The Assistant Secretary responsible for the region
where the incident occurred.
``(C) The Assistant Secretary for Diplomatic Security.
``(D) The Assistant Secretary for the Bureau of
Intelligence and Research.
``(E) An Assistant Secretary-level representative from any
involved United States Government department or agency.
``(F) Other personnel as determined necessary or
appropriate.''; and
(D) by adding at the end the following new paragraph:
``(5) Regulations.--The Secretary of State shall promulgate
regulations defining the membership and operating procedures
for the SRC and provide to the Chairmen and ranking members
of the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives,
in writing, a description of how the SRC will be structured
with respect to any other standing committees.'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``Except as'' and all that follows through
``a Board'' and inserting ``The Secretary of State shall
convene a SRC''; and
(ii) by striking ``for the convening of the Board''; and
(B) in paragraph (2), by striking ``Board'' each place it
appears and inserting ``SRC''; and
(4) in subsection (c)--
(A) by striking ``convenes a Board'' and inserting
``convenes a SRC'';
(B) by adding ``and ranking member'' after ``chairman'';
and
(C) by striking ``Speaker'' and all that follows through
the period at the end of paragraph (3) and inserting
``chairman and ranking member of the Committee of Foreign
Affairs of the House of Representatives.''.
(b) Technical and Conforming Amendments.--Section 302 of
the Diplomatic Security Act (22 U.S.C. 4832) is amended--
(1) in the section heading, by striking ``accountability
review board'' and inserting ``security review committee'';
and
(2) by striking ``Board'' each place it appears and
inserting ``SRC''.
SEC. 1295. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.
Section 303 of the Diplomatic Security Act of 1986 (22
U.S.C. 4833) is amended to read as follows:
``SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.
``(a) Investigation Process.--
``(1) Initiation.--The Serious Security Incident review
process begins when a United States mission reports a serious
security incident at the mission, including an initial report
within three days of the event.
``(2) Investigation.--The Diplomatic Security Service shall
assemble an investigative
[[Page S7948]]
team to carry out the investigation of an incident reported
under paragraph (1). The investigation shall cover the
following matters:
``(A) An assessment of what occurred, who perpetrated or is
suspected of having perpetrated the attack, and whether
applicable security procedures were followed.
``(B) In the event the security incident was an attack on a
United States diplomatic compound, motorcade, residence, or
other facility, a determination whether adequate security
countermeasures were in effect based on known threat at the
time of the incident.
``(C) If the incident was an attack on an individual or
group of officers, employees, or family members under chief
of mission authority conducting approved operations or
movements outside the United States mission, a determination
whether proper security briefings and procedures were in
place and whether adequate consideration of threat and
weighing of risk of the operation or movement took place.
``(D) An assessment of whether the failure of any officials
or employees to follow procedures or perform their duties
contributed to the security incident.
``(b) Report of Investigation.--The investigative team
shall prepare a Report of Investigation at the conclusion of
the Serious Security Incident Investigation and submit the
report to the SRC. The report shall include the following
elements:
``(1) A detailed description of the matters set forth in
subparagraphs (A) through (D) of subsection (a)(2), including
all related findings.
``(2) An accurate account of the casualties, injured, and
damage resulting from the incident.
``(3) A review of security procedures and directives in
place at the time of the incident.
``(c) Confidentiality.--The investigative team shall adopt
such procedures with respect to confidentiality as determined
necessary, including procedures relating to the conduct of
closed proceedings or the submission and use of evidence in
camera, to ensure in particular the protection of classified
information relating to national defense, foreign policy, or
intelligence matters. The Director of National Intelligence
shall establish the level of protection required for
intelligence information and for information relating to
intelligence personnel included in the report under
subsection (b). The SRC shall determine the level of
classification of the final report prepared under section
304(b), but shall incorporate the same confidentiality
measures in such report to the maximum extent practicable.''.
SEC. 1296. FINDINGS AND RECOMMENDATIONS BY THE [SECURITY
REVIEW COMMITTEE].
Section 304 of the Diplomatic Security Act of 1986 (22
U.S.C. 4834) is amended to read as follows:
``SEC. 304. [SECURITY REVIEW COMMITTEE] FINDINGS AND REPORT.
``(a) Findings.--The Security Review Committee shall review
the Report of Investigation prepared under section 303(b),
all other evidence, reporting, and relevant information
relating to a serious security incident at a United States
mission abroad, including an examination of the facts and
circumstances surrounding any serious injuries, loss of life,
or significant destruction of property resulting from the
incident and shall make the following written findings:
``(1) Whether the incident abroad was security related and
constituted a serious security incident.
``(2) If the incident involved a diplomatic compound,
motorcade, residence, or other mission facility, whether the
security systems, security countermeasures, and security
procedures operated as intended, and whether such systems
worked to materially mitigate the attack or were found to be
inadequate to mitigate the threat and attack.
``(3) If the incident involved an individual or group of
officers conducting an approved operation outside the
mission, a determination whether a valid process was followed
in evaluating the requested operation and weighing the risk
of the operation. Such determination shall not seek to assign
accountability for the incident unless the SRC determines
that an official breached their duty.
``(4) An assessment of the impact of intelligence and
information availability, and whether the mission was aware
of the general operating threat environment or any more
specific threat intelligence or information and took that
into account in ongoing and specific operations.
``(5) Such other facts and circumstances that may be
relevant to the appropriate security management of United
States missions abroad.
``(b) SRC Report.--Not later than 30 days after receiving
the Report of Investigation prepared under section 303(b),
the SRC shall submit a report to the Secretary of State
including the findings under subsection (a) and any related
recommendations. Not later than 90 days after receiving the
report, the Secretary of State shall submit the report to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
``(c) Personnel Recommendations.--If in the course of
conducting an investigation under section 303, the
investigative team finds reasonable cause to believe any
individual described in section 303(a)(2)(D) has breached the
duty of that individual or finds lesser failures on the part
of an individual in the performance of his or her duties
related to the incident, it shall be reported to the SRC. If
the SRC find reasonable cause to support the determination,
it shall be reported to the Director General of the Foreign
Service for appropriate action.''.
SEC. 1297. RELATION TO OTHER PROCEEDINGS.
Section 305 of the Diplomatic Security Act of 1986 (22
U.S.C. 4835) is amended--
(1) by inserting ``(a) No Effect on Existing Remedies or
Defenses.--'' before ``Nothing in this title''; and
(2) by adding at the end the following new subsection:
``(b) Future Inquiries.--Nothing in this title shall be
construed to preclude the Secretary of State from convening a
follow-up public board of inquiry to investigate any security
incident if the incident was of such magnitude or
significance that an internal process is deemed insufficient
to understand and investigate the incident. All materials
gathered during the procedures provided under this title
shall be provided to any related board of inquiry convened by
the Secretary.''.
______
SA 4457. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 638, strike lines 18 and 19 and insert the
following:
mit to the Committee on Armed Services and the Committee on
Foreign Relations of the Senate and the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives a report on the obstructions
______
SA 4458. Mr. TILLIS submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. LIMITATION ON ADJUSTMENT OF PATENT TERMS.
(a) Amendment.--Section 154(b)(2) of title 35, United
States Code, is amended--
(1) in subparagraph (B), by striking ``No patent'' and
inserting ``Except as provided in subparagraph (D), no
patent''; and
(2) by adding at the end the following:
``(D) Exception.--Subparagraph (B) shall not apply to a
patent for which is a terminal disclaimer has been filed over
a later-issued patent if--
``(i)(I) the earliest-filed application to which there is a
specific reference under section 120, 121, 365(c), or 386(c)
in the terminally disclaimed patent and the later-issued
patent is the same; or
``(II) the earliest-filed application to which there is a
specific reference under section 120, 121, 365(c), or 386(c)
in the later-issued patent is the application that was issued
as the terminally disclaimed patent;
``(ii) the patents are commonly owned; and
``(iii) the later-issued patent is in force on the date of
enactment of this subparagraph.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply only to a patent for which a terminal disclaimer
is filed after the date of enactment of this Act.
______
SA 4459. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. TREATMENT OF EXEMPTIONS AND RECORDKEEPING UNDER
FARA.
(a) Limitation on Exemptions.--Section 3 of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 613),
is amended, in the matter preceding subsection (a), by
inserting ``, except that the exemptions under subsections
(d)(1) and (h) shall not apply to any agent of a foreign
principal that is included on the list maintained by the
Assistant Secretary of Commerce for Communications and
Information under section 5(b)'' before the colon.
(b) Books and Records.--
(1) List of agents of foreign adversaries.--Section 5 of
the Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 615), is amended--
[[Page S7949]]
(A) by striking the section designation and heading and all
that follows through the end of the first sentence and
inserting the following:
``SEC. 5. BOOKS OF ACCOUNT AND RECORDS; LIST OF AGENTS OF
FOREIGN ADVERSARIES.
``(a) Books of Account and Records.--Except as otherwise
provided in this subsection, each agent of a foreign
principal that is registered under this Act shall maintain,
during the period of service as an agent of a foreign
principal, all books of account and other records with
respect to the activities of the agent of a foreign principal
the disclosure of which is required under this Act, in
accordance with such business and accounting practices as the
Attorney General, having due regard for the national security
and the public interest, determines, by regulation, to be
necessary or appropriate for the enforcement of this Act, and
preserve those books and records for a period of not less
than 3 years after the date of termination of the status of
the agent as an agent of a foreign principal.''; and
(B) by adding at the end the following:
``(b) List of Agents of Foreign Adversaries.--The Assistant
Secretary of Commerce for Communications and Information
shall establish a list of, and any relevant information
relating to, each agent of a foreign principal that is a
foreign adversary (as defined in section 8(c) of the Secure
and Trusted Communications Networks Act of 2019 (47 U.S.C.
1607(c))). The Assistant Secretary of Commerce for
Communications and Information shall update and maintain the
list and any related information under this subsection as the
Assistant Secretary determines to be necessary and
appropriate.''.
(2) Conforming amendment.--Section 7 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 617), is
amended, in the first sentence, by striking ``and 5'' and
inserting ``and 5(a)''.
(c) National Telecommunications and Information
Administration Program Modification.--Section 8(a)(2) of the
Secure and Trusted Communications Networks Act of 2019 (47
U.S.C. 1607(a)(2)) is amended--
(1) in subparagraph (C)(ii), by striking ``and'' at the
end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) notwithstanding paragraph (3), periodically submit to
the Attorney General a list of, and any relevant information
relating to, each foreign adversary identified for purposes
of the program.''.
______
SA 4460. Mr. CORNYN (for himself and Mr. Leahy) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
Subtitle __--National Cybersecurity Preparedness Consortium Act
SEC. __01. SHORT TITLE.
This subtitle may be cited as the ``National Cybersecurity
Preparedness Consortium Act of 2021''.
SEC. __02. DEFINITIONS.
In this subtitle--
(1) the term ``community college'' has the meaning given
the term ``junior or community college'' in section 312 of
the Higher Education Act of 1965 (20 U.S.C. 1058);
(2) the term ``consortium'' means a group primarily
composed of nonprofit entities, including academic
institutions, that develop, update, and deliver cybersecurity
training in support of homeland security;
(3) the terms ``cybersecurity risk'' and ``incident'' have
the meanings given those terms in section 2209(a) of the
Homeland Security Act of 2002 (6 U.S.C. 659(a));
(4) the term ``Department'' means the Department of
Homeland Security;
(5) the term ``Hispanic-serving institution'' has the
meaning given the term in section 502 of the Higher Education
Act of 1965 (20 U.S.C. 1101a);
(6) the term ``historically Black college and university''
has the meaning given the term ``part B institution'' in
section 322 of the Higher Education Act of 1965 (20 U.S.C.
1061);
(7) the term ``minority-serving institution'' means an
institution of higher education described in section 371(a)
of the Higher Education Act of 1965 (20 U.S.C. 1067q(a));
(8) the term ``Secretary'' means the Secretary of Homeland
Security;
(9) The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and any
possession of the United States;
(10) the term ``Tribal Colleges and Universities'' has the
meaning given the term in section 316 of the Higher Education
Act of 1965 (20 U.S.C. 1059c); and
(11) the term ``Tribal organization'' has the meaning given
the term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304(e)).
SEC. __03. NATIONAL CYBERSECURITY PREPAREDNESS CONSORTIUM.
(a) In General.--The Secretary may work with 1 or more
consortia to support efforts to address cybersecurity risks
and incidents.
(b) Assistance to DHS.--The Secretary may work with 1 or
more consortia to carry out the responsibility of the
Secretary under section 2209(e)(1)(P) of the Homeland
Security Act of 2002 (6 U.S.C. 659(e)(1)(P)) to--
(1) provide training and education to State, Tribal, and
local first responders and officials specifically for
preparing for and responding to cybersecurity risks and
incidents, in accordance with applicable law;
(2) develop and update a curriculum utilizing existing
training and educational programs and models in accordance
with section 2209 of the Homeland Security Act of 2002 (6
U.S.C. 659), for State, Tribal, and local first responders
and officials, related to cybersecurity risks and incidents;
(3) provide technical assistance services, training, and
educational programs to build and sustain capabilities in
support of preparedness for and response to cybersecurity
risks and incidents, including threats and acts of terrorism,
in accordance with such section 2209;
(4) conduct cross-sector cybersecurity training, education,
and simulation exercises for entities, including State and
local governments and Tribal organizations, critical
infrastructure owners and operators, and private industry, to
encourage community-wide coordination in defending against
and responding to cybersecurity risks and incidents, in
accordance with section 2210(c) of the Homeland Security Act
of 2002 (6 U.S.C. 660(c));
(5) help States, Tribal organizations, and communities
develop cybersecurity information sharing programs, in
accordance with section 2209 of the Homeland Security Act of
2002 (6 U.S.C. 659), for the dissemination of homeland
security information related to cybersecurity risks and
incidents;
(6) help incorporate cybersecurity risk and incident
prevention and response into existing State, Tribal, and
local emergency plans, including continuity of operations
plans; and
(7) assist States and Tribal organizations in developing
cybersecurity plans.
(c) Considerations Regarding Selection of a Consortium.--In
selecting a consortium with which to work under this
subtitle, the Secretary shall take into consideration the
following:
(1) Prior experience conducting cybersecurity training,
education, and exercises for State and local entities.
(2) Geographic diversity of the members of any such
consortium so as to maximize coverage of the different
regions of the United States.
(3) The participation in such consortium of 1 or more
historically Black colleges and universities, Hispanic-
serving institutions, Tribal Colleges and Universities, other
minority-serving institutions, and community colleges that
participate in the National Centers of Excellence in
Cybersecurity program, as carried out by the Department.
(d) Metrics.--If the Secretary works with a consortium
under subsection (a), the Secretary shall measure the
effectiveness of the activities undertaken by the consortium
under this subtitle.
(e) Outreach.--The Secretary shall conduct outreach to
universities and colleges, including, in particular, outreach
to historically Black colleges and universities, Hispanic-
serving institutions, Tribal Colleges and Universities, other
minority-serving institutions, and community colleges,
regarding opportunities to support efforts to address
cybersecurity risks and incidents, by working with the
Secretary under subsection (a).
SEC. __04. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to authorize a
consortium to control or direct any law enforcement agency in
the exercise of the duties of the law enforcement agency.
______
SA 4461. Mr. WARNER (for himself and Mr. Rubio) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2022
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Intelligence Authorization Act for Fiscal Year 2022''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2022
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
[[Page S7950]]
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE MATTERS
Subtitle A--Intelligence Community Matters
Sec. 301. Increasing agricultural and commercial intelligence measures.
Sec. 302. Plan for allowing contracts with providers of services
relating to sensitive compartmented information
facilities.
Sec. 303. Plan to establish commercial geospatial intelligence data and
services program office.
Sec. 304. Investment strategy for commercial geospatial intelligence
services acquisition.
Sec. 305. Central Intelligence Agency Acquisition Innovation Center
report, strategy, and plan.
Sec. 306. Improving authorities relating to national
counterintelligence and security.
Sec. 307. Removal of Chief Information Officer of the Intelligence
Community from level IV of the Executive Schedule.
Sec. 308. Requirements relating to construction of facilities to be
used primarily by intelligence community.
Sec. 309. Director of National Intelligence support for intelligence
community diversity, equity, inclusion, and accessibility
activities.
Sec. 310. Establishment of Diversity, Equity, and Inclusion Officer of
the Intelligence Community.
Sec. 311. Annual report evaluating collaboration between the National
Reconnaissance Office and the Space Force.
Sec. 312. Director of National Intelligence declassification review of
information relating to terrorist attacks of September
11, 2001.
Sec. 313. Establishment of Chaplain Corps of the Central Intelligence
Agency.
Sec. 314. Pilot program on recruitment and retention in Office of
Intelligence and Analysis of the Department of the
Treasury.
Sec. 315. Pilot program on student loan repayment at Office of
Intelligence and Analysis of Department of the Treasury.
Sec. 316. Prohibition on collection and analysis of United States
persons' information by intelligence community based on
First Amendment-protected activities.
Sec. 317. Sense of the Senate on the use of intelligence community
resources for collection, assessment, and analysis of
information pertaining exclusively to United States
persons absent a foreign nexus.
Subtitle B--Inspector General of the Intelligence Community
Sec. 321. Submittal of complaints and information by whistleblowers in
the intelligence community to Congress.
Sec. 322. Definitions and authorities regarding whistleblower
complaints and information of urgent concern received by
Inspectors General of the intelligence community.
Sec. 323. Harmonization of whistleblower protections.
Sec. 324. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure by employees
and contractors in intelligence community.
Sec. 325. Congressional oversight of controlled access programs.
Subtitle C--Reports and Assessments Pertaining to the Intelligence
Community
Sec. 331. Report on efforts to build an integrated hybrid space
architecture.
Sec. 332. Report on Project Maven transition.
Sec. 333. Assessment of intelligence community counternarcotics
capabilities.
Sec. 334. Assessment of intelligence community's intelligence-sharing
relationships with Latin American partners in
counternarcotics.
Sec. 335. Report on United States Southern Command intelligence
capabilities.
Sec. 336. Director of National Intelligence report on trends in
technologies of strategic importance to United States.
Sec. 337. Report on Nord Stream II companies and intelligence ties.
Sec. 338. Assessment of Organization of Defensive Innovation and
Research activities.
Sec. 339. Report on intelligence community support to Visas Mantis
program.
Sec. 340. Plan for artificial intelligence digital ecosystem.
Sec. 341. Study on utility of expanded personnel management authority.
Sec. 342. Assessment of role of foreign groups in domestic violent
extremism.
Sec. 343. Report on the assessment of all-source cyber intelligence
information, with an emphasis on supply chain risks.
Sec. 344. Review of National Security Agency and United States Cyber
Command.
Sec. 345. Support for and oversight of Unidentified Aerial Phenomena
Task Force.
Sec. 346. Publication of unclassified appendices from reports on
intelligence community participation in Vulnerabilities
Equities Process.
Sec. 347. Report on future structure and responsibilities of Foreign
Malign Influence Center.
Subtitle D--People's Republic of China
Sec. 351. Assessment of posture and capabilities of intelligence
community with respect to actions of the People's
Republic of China targeting Taiwan.
Sec. 352. Plan to cooperate with intelligence agencies of key
democratic countries regarding technological competition
with People's Republic of China.
Sec. 353. Assessment of People's Republic of China genomic collection.
Sec. 354. Updates to annual reports on influence operations and
campaigns in the United States by the Chinese Communist
Party.
Sec. 355. Report on influence of People's Republic of China through
Belt and Road Initiative projects with other countries.
Sec. 356. Study on the creation of an official digital currency by the
People's Republic of China.
Sec. 357. Report on efforts of Chinese Communist Party to erode freedom
and autonomy in Hong Kong.
Sec. 358. Report on targeting of renewable sectors by China.
TITLE IV--ANOMALOUS HEALTH INCIDENTS
Sec. 401. Definition of anomalous health incident.
Sec. 402. Assessment and report on interagency communication relating
to efforts to address anomalous health incidents.
Sec. 403. Advisory panel on the Office of Medical Services of the
Central Intelligence Agency.
Sec. 404. Joint task force to investigate anomalous health incidents.
Sec. 405. Reporting on occurrence of anomalous health incidents.
Sec. 406. Access to certain facilities of United States Government for
assessment of anomalous health conditions.
TITLE V--SECURITY CLEARANCES AND TRUSTED WORKFORCE
Sec. 501. Exclusivity, consistency, and transparency in security
clearance procedures, and right to appeal.
Sec. 502. Federal policy on sharing of derogatory information
pertaining to contractor employees in the trusted
workforce.
Sec. 503. Performance measures regarding timeliness for personnel
mobility.
Sec. 504. Governance of Trusted Workforce 2.0 initiative.
TITLE VI--OTHER INTELLIGENCE MATTERS
Sec. 601. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 602. Reports on intelligence support for and capacity of the
Sergeants at Arms of the Senate and the House of
Representatives and the United States Capitol Police.
Sec. 603. Study on vulnerability of Global Positioning System to
hostile actions.
Sec. 604. Authority for transportation of federally owned canines
associated with force protection duties of intelligence
community.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2022 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
[[Page S7951]]
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(17) The Space Force.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 101 for the conduct of the
intelligence activities of the elements listed in paragraphs
(1) through (17) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany
this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2022 the sum of $615,600,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2022 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2022.
TITLE III--GENERAL INTELLIGENCE MATTERS
Subtitle A--Intelligence Community Matters
SEC. 301. INCREASING AGRICULTURAL AND COMMERCIAL INTELLIGENCE
MEASURES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Agriculture, Nutrition, and Forestry,
the Committee on Armed Services, the Committee on Commerce,
Science, and Transportation, the Committee on Banking,
Housing, and Urban Affairs, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Agriculture, the Committee on Armed
Services, the Committee on Energy and Commerce, the Committee
on Financial Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with other appropriate Federal
Government entities, shall submit to the appropriate
committees of Congress a report detailing the options for the
intelligence community to improve intelligence support to the
Department of Agriculture and the Department of Commerce.
(c) Form.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 302. PLAN FOR ALLOWING CONTRACTS WITH PROVIDERS OF
SERVICES RELATING TO SENSITIVE COMPARTMENTED
INFORMATION FACILITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
(b) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a plan for allowing elements of the intelligence
community to contract with providers of services relating to
sensitive compartmented information facilities for use of
those facilities by businesses and organizations on contracts
at multiple security levels.
(c) Elements.--The plan required by subsection (b) shall
include the following:
(1) An explanation of how the Director of National
Intelligence will leverage the contracting methodology the
National Reconnaissance Office has used to provide leased
sensitive compartmented information facility space to
businesses and organizations.
(2) Policy and budget guidance to incentivize Federal
agencies to implement the plan required by subsection (b).
SEC. 303. PLAN TO ESTABLISH COMMERCIAL GEOSPATIAL
INTELLIGENCE DATA AND SERVICES PROGRAM OFFICE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
(b) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, the Director of the National
Reconnaissance Office and the Director of the National
Geospatial-Intelligence Agency, in consultation with the
Director of National Intelligence, shall jointly develop and
submit to the appropriate committees of Congress a plan to
establish a colocated joint commercial geospatial
intelligence data and services program office.
(c) Contents.--The plan required by subsection (b) shall
include the following:
(1) Milestones for implementation of the plan.
(2) An updated acquisition strategy that--
(A) provides for an annual evaluation of new commercially
available capabilities with opportunities for new entrants;
(B) provides for a flexible contract approach that will
rapidly leverage innovative commercial geospatial
intelligence data capabilities to meet new intelligence
challenges informed by operational requirements; and
(C) considers efficiencies to be gained from closely
coordinated acquisitions of geospatial intelligence data and
services.
(3) An organizational structure of the joint office that--
(A) shares responsibilities and equities between the
National Reconnaissance Office and the National Geospatial-
Intelligence Agency;
(B) specifies as the head of the office a representative
from the National Geospatial-Intelligence Agency; and
(C) specifies as the deputy head of the office a
representative from the National Reconnaissance Office.
SEC. 304. INVESTMENT STRATEGY FOR COMMERCIAL GEOSPATIAL
INTELLIGENCE SERVICES ACQUISITION.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Strategy Required.--Not later than 90 days after the
date of the enactment of this Act, the Director of the
National Geospatial-Intelligence Agency, in consultation with
the Director of National Intelligence and the Secretary of
Defense, shall submit to the appropriate committees of
Congress an investment strategy for the acquisition of
commercial geospatial intelligence data services and
analytics by the National Geospatial-Intelligence Agency.
(c) Contents.--The strategy required by subsection (b)
shall include the following:
(1) A plan to increase purchases of unclassified geospatial
intelligence data services and analytics to meet global
mission requirements of the National Geospatial-Intelligence
Agency while maximizing enterprise access agreements for
procured data and services.
(2) An articulation of the relationship between geospatial
intelligence data and services and how such data and services
are purchased, identifying in particular any challenges to
procuring such services independent of the underlying data.
SEC. 305. CENTRAL INTELLIGENCE AGENCY ACQUISITION INNOVATION
CENTER REPORT, STRATEGY, AND PLAN.
(a) Requirement for Report and Strategy.--Not later than
120 days after the date of the enactment of this Act, the
Director of the Central Intelligence Agency shall submit to
the congressional intelligence committees--
[[Page S7952]]
(1) a report stating the mission and purpose of the
Acquisition Innovation Center of the Agency; and
(2) a strategy for incorporating the Acquisition Innovation
Center into the standard operating procedures and procurement
and acquisition practices of the Agency.
(b) Requirement for Implementation Plan.--Not later than
120 days after the date of the enactment of this Act, the
Director shall, using the findings of the Director with
respect to the report submitted under subsection (a)(1),
submit to the congressional intelligence committees an
implementation plan that addresses--
(1) how the Director will ensure the contracting officers
of the Agency and the technical representatives of the
Acquisition Innovation Center for the contracting officers
have access to the technical expertise required to inform
requirements development, technology maturity assessments,
and monitoring of acquisitions;
(2) how the plan specifically applies to technical
industries, including telecommunications, software,
aerospace, and large-scale construction; and
(3) projections for resources necessary to support the
Acquisition Innovation Center, including staff, training, and
contracting support tools.
SEC. 306. IMPROVING AUTHORITIES RELATING TO NATIONAL
COUNTERINTELLIGENCE AND SECURITY.
(a) Duties of the Director of the National
Counterintelligence and Security Center.--Section 902(c) of
the Counterintelligence Enhancement Act of 2002 (50 U.S.C.
3382(c)) is amended by adding at the end the following:
``(5) To organize and lead strategic planning for
counterintelligence activities in support of National
Counterintelligence Strategy objectives and other national
counterintelligence priorities by integrating all instruments
of national power, including diplomatic, financial, military,
intelligence, homeland security, and coordination with law
enforcement activities, within and among Federal agencies.''.
(b) Changes to the Functions of the National
Counterintelligence and Security Center.--
(1) Evaluation of implementation of national
counterintelligence strategy.--Paragraph (3) of section
904(d) of such Act (50 U.S.C. 3383(d)) is amended to read as
follows:
``(3) Implementation of national counterintelligence
strategy.--To evaluate on an ongoing basis the implementation
of the National Counterintelligence Strategy by the
intelligence community and other appropriate elements of the
United States Government and to submit to the President, the
congressional intelligence committees (as defined in section
3 of the National Security Act of 1947 (50 U.S.C. 3003)), the
National Security Council, the Director of the Office of
Management and Budget, and the National Counterintelligence
Policy Board periodic reports on such evaluation, including a
discussion of any shortfalls in the implementation of the
Strategy and recommendations for remedies for such
shortfalls.''.
(2) National counterintelligence program budget.--Paragraph
(5) of such section is amended--
(A) in subparagraph (A)--
(i) by inserting ``oversee and'' before ``coordinate''; and
(ii) by inserting ``in furtherance of the National
Counterintelligence Strategy and other strategic
counterintelligence priorities'' before ``of the Department
of Defense''; and
(B) in subparagraph (C), by striking ``the National
Security Council'' and inserting ``the congressional
intelligence committees (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), the National
Security Council, the Director of the Office of Management
and Budget, and the National Counterintelligence Policy
Board''.
(3) National counterintelligence outreach, watch, and
warning.--
(A) Counterintelligence vulnerability risk assessments.--
Subparagraph (A) of paragraph (7) of such section is amended
by striking ``surveys of the vulnerability of the United
States Government, and the private sector,'' and inserting
``counterintelligence risk assessments and surveys of the
vulnerability of the United States''.
(B) Outreach.--Subparagraph (B) of such paragraph is
amended to read as follows:
``(B) Outreach.--
``(i) Outreach programs and activities.--To carry out and
coordinate, consistent with other applicable provisions of
law and in consultation with appropriate Federal departments
and agencies, outreach programs and outreach activities on
counterintelligence to other elements of the United States
Government, State, local, and Tribal governments, foreign
governments and allies of the United States, the private
sector, and United States academic institutions.
``(ii) Public warnings.--To coordinate the dissemination to
the public of warnings on intelligence threats to the United
States.''.
SEC. 307. REMOVAL OF CHIEF INFORMATION OFFICER OF THE
INTELLIGENCE COMMUNITY FROM LEVEL IV OF THE
EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by
striking ``Chief Information Officer of the Intelligence
Community''.
SEC. 308. REQUIREMENTS RELATING TO CONSTRUCTION OF FACILITIES
TO BE USED PRIMARILY BY INTELLIGENCE COMMUNITY.
Section 602(a) of the Intelligence Authorization Act for
Fiscal Year 1995 (50 U.S.C. 3304(a)) is amended--
(1) in paragraph (1), by striking ``$5,000,000'' and
inserting ``$6,000,000''; and
(2) in paragraph (2), by striking ``$5,000,000'' and
inserting ``$6,000,000''.
SEC. 309. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR
INTELLIGENCE COMMUNITY DIVERSITY, EQUITY,
INCLUSION, AND ACCESSIBILITY ACTIVITIES.
(a) In General.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et. seq.) is amended by adding at the
end the following:
``SEC. 1111. SUPPORT FOR INTELLIGENCE COMMUNITY DIVERSITY,
EQUITY, INCLUSION, AND ACCESSIBILITY
ACTIVITIES.
``(a) Definition of Covered Workforce Activities.--In this
section, the term `covered workforce activities' includes--
``(1) activities relating to the recruitment or retention
of personnel in the workforce of the intelligence community;
and
``(2) activities relating to the workforce of the
intelligence community and diversity, equity, inclusion, or
accessibility.
``(b) Authority to Support Covered Workforce Activities.--
Notwithstanding any other provision of law and subject to the
availability of appropriations made available to the Director
of National Intelligence for covered workforce activities,
the Director may, with or without reimbursement, support such
covered workforce activities of the various elements of the
intelligence community as the Director determines will
benefit the intelligence community as a whole.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 1110 the following:
``Sec. 1111. Support for intelligence community diversity, equity,
inclusion, and accessibility activities.''.
SEC. 310. ESTABLISHMENT OF DIVERSITY, EQUITY, AND INCLUSION
OFFICER OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is amended by inserting after
section 103J (50 U.S.C. 3034a) the following:
``SEC. 103K. DIVERSITY, EQUITY, AND INCLUSION OFFICER OF THE
INTELLIGENCE COMMUNITY.
``(a) Diversity, Equity, and Inclusion Officer of the
Intelligence Community.--Within the Office of the Director of
National Intelligence, there is a Diversity, Equity, and
Inclusion Officer of the Intelligence Community who shall be
appointed by the Director of National Intelligence.
``(b) Duties.--The Diversity, Equity, and Inclusion Officer
of the Intelligence Community shall--
``(1) serve as the principal advisor to the Director of
National Intelligence and the Principal Deputy Director of
National Intelligence on diversity, equity, and inclusion in
the intelligence community;
``(2) lead the development and implementation of strategies
and initiatives to advance diversity, equity, and inclusion
in the intelligence community; and
``(3) perform such other duties, consistent with paragraphs
(1) and (2), as may be prescribed by the Director.
``(c) Annual Reports to Congress.--Not less frequently than
once each year, the Diversity, Equity, and Inclusion Officer
of the Intelligence Community shall submit to the
congressional intelligence communities a report on the
implementation of the strategies and initiatives developed
pursuant to subsection (b)(2) and the execution of related
expenditures.
``(d) Prohibition on Simultaneous Service as Other
Diversity, Equity, and Inclusion or Equal Employment
Opportunity Officer.--An individual serving in the position
of Diversity, Equity, and Inclusion Officer of the
Intelligence Community may not, while so serving, serve as
either the Diversity, Equity, and Inclusion Officer or the
Equal Employment Opportunity Officer of any other department
or agency, or component thereof, of the United States
Government.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 103J the following:
``Sec. 103K. Diversity, Equity, and Inclusion Officer of the
Intelligence Community.''.
(c) Limitation.--None of the funds authorized to be
appropriated by this Act may be used to increase the number
of full-time equivalent employees of the Office of the
Director of National Intelligence in order to carry out
section 103K of such Act, as added by subsection (a).
SEC. 311. ANNUAL REPORT EVALUATING COLLABORATION BETWEEN THE
NATIONAL RECONNAISSANCE OFFICE AND THE SPACE
FORCE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees (as defined in
section 101(a) of title 10, United States Code).
(b) Annual Report.--Not later than 180 days after the date
of the enactment of this Act and not less frequently than
once each year thereafter for 5 years, the Secretary of the
Air Force and the Director of National
[[Page S7953]]
Intelligence shall jointly, in consultation with the Under
Secretary of Defense for Intelligence and Security, submit to
the appropriate committees of Congress a report evaluating
the partnership between the National Reconnaissance Office
and the Space Force.
(c) Contents.--Each report submitted under subsection (b)
shall include the following:
(1) A description of the division of labor between the
National Reconnaissance Office and the Space Force,
including--
(A) shared missions and programs; and
(B) methods of collaboration.
(2) An evaluation of the ways in which the National
Reconnaissance Office and the Space Force are partnering on
missions and programs, including identification of lessons
learned for improving collaboration and deconflicting
activities in the future.
(3) An examination of how resources provided from the
National Intelligence Program and the Military Intelligence
Program are allocated to or transferred between the National
Reconnaissance Office and the Space Force.
SEC. 312. DIRECTOR OF NATIONAL INTELLIGENCE DECLASSIFICATION
REVIEW OF INFORMATION RELATING TO TERRORIST
ATTACKS OF SEPTEMBER 11, 2001.
(a) Declassification Review Required.--Not later than 30
days after the date of the enactment of this Act, the
Director of National Intelligence shall, in coordination with
the Director of the Federal Bureau of Investigation, the
Director of the Central Intelligence Agency, and the heads of
such other elements of the intelligence community as the
Director of National Intelligence considers appropriate,
commence a declassification review, which the Director of
National Intelligence shall complete not later than 120 days
after the date of the enactment of this Act, to determine
what additional information relating to the terrorist attacks
of September 11, 2001, can be appropriately declassified and
shared with the public.
(b) Information Covered.--The information reviewed under
subsection (a) shall include the following:
(1) Information relating to the direction, facilitation,
and other support provided to the individuals who carried out
the terrorist attacks of September 11, 2001.
(2) Information from Operation Encore and the PENTTBOM
investigation of the Federal Bureau of Investigation.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives a report on the findings of the
Director with respect to the declassification review
conducted under subsection (a).
SEC. 313. ESTABLISHMENT OF CHAPLAIN CORPS OF THE CENTRAL
INTELLIGENCE AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501
et seq.) is amended by adding at the end the following:
``SEC. 26. CHAPLAIN CORPS AND CHIEF OF CHAPLAINS.
``(a) Establishment of Chaplain Corps.--There is in the
Agency a Chaplain Corps for the provision of spiritual or
religious pastoral services.
``(b) Chief of Chaplains.--The head of the Chaplain Corps
shall be the Chief of Chaplains, who shall be appointed by
the Director.
``(c) Staff and Administration.--
``(1) Staff.--The Director may appoint and fix the
compensation of such staff of the Chaplain Corps as the
Director considers appropriate, except that the Director may
not--
``(A) appoint more than 10 full-time equivalent positions;
or
``(B) provide basic pay to any member of the staff of the
Chaplain Corps at an annual rate of basic pay in excess of
the maximum rate of basic pay for grade GS-15 as provided in
section 5332 of title 5, United States Code.
``(2) Administration.--The Director may--
``(A) reimburse members of the staff of the Chaplain Corps
for work-related travel expenses;
``(B) provide security clearances to such members; and
``(C) furnish such physical workspace at the headquarters
building of the Agency as the Director considers
appropriate.''.
SEC. 314. PILOT PROGRAM ON RECRUITMENT AND RETENTION IN
OFFICE OF INTELLIGENCE AND ANALYSIS OF THE
DEPARTMENT OF THE TREASURY.
(a) Pilot Program Required.--The Assistant Secretary for
Intelligence and Analysis in the Department of the Treasury
shall carry out a pilot program to assess the feasibility and
advisability of using adjustments of rates of pay to recruit
and retain staff for high-demand positions in the Office of
Intelligence and Analysis of the Department of the Treasury.
(b) Duration.--The Assistant Secretary shall carry out the
pilot program required by subsection (a) during the 4-year
period beginning on the date of the enactment of this Act.
(c) Additional Pay.--Under the pilot program required by
subsection (a), the Assistant Secretary shall,
notwithstanding any provision of title 5, United States Code,
governing the rates of pay or classification of employees in
the executive branch, prescribe the rate of basic pay for
financial and cyber intelligence analyst positions designated
under subsection (d) at rates--
(1) not greater than 130 percent of the maximum basic rate
of pay and locality pay that such positions would otherwise
be eligible for; and
(2) not greater than the rate of basic pay payable for
level II of the Executive Schedule under section 5313 of
title 5, United States Code.
(d) Designated Positions.--
(1) In general.--Except as provided in paragraph (2), under
the pilot program required by subsection (a), the Assistant
Secretary shall designate not fewer than 5 percent and not
more than 25 percent of the total number of positions in the
Office, including positions to be filled by new hires, as
financial or cyber intelligence analyst positions eligible
for the additional pay under subsection (c).
(2) Current employees.--The Assistant Secretary may
designate under paragraph (1) a position filled by an
employee who was employed in that position on the day before
the date of the enactment of this Act only if the employee
was in the top one-third of performance rankings for the
position within the Office for the duration of the 2-year
period ending on the date of the enactment of this Act.
(e) Briefing on the Pilot Program.--Not later than 180 days
after the date of the enactment of this Act and not less
frequently than once each year thereafter for the duration of
the period set forth in subsection (b), the Assistant
Secretary shall provide the congressional intelligence
committees and the Director of National Intelligence with a
briefing on the pilot program required by subsection (a).
(f) Report on the Pilot Program.--Not later than 180 days
before the last day of the period set forth in subsection
(b), the Assistant Secretary shall submit to the
congressional intelligence committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Reform of the House of
Representatives, and the Director of National Intelligence a
report on the effectiveness of the pilot program and
recommendations on whether the pilot program should be
extended, modified, or ended.
(g) Recommendations of Director of National Intelligence.--
Not later than 3 years after the date of the enactment of
this Act, the Director shall submit to the congressional
intelligence committees recommendations as to--
(1) which, if any, other elements of the intelligence
community would benefit from a program similar to the pilot
program required by subsection (a); and
(2) what, if any, modifications the Director would
recommend for such elements.
(h) Retention of Prescribed Rates of Pay After Termination
of Pilot Program.--After the period set forth in subsection
(b), the Assistant Secretary may continue to pay a person,
who received pay during such period pursuant to a rate of
basic pay prescribed under subsection (c), at a rate of basic
pay not to exceed the rate of basic pay that was in effect
for the person on the day before the last day of such period,
until such time as the applicable rate of basic pay for the
person under the General Schedule exceeds the rate of basic
pay that was so in effect under subsection (c).
SEC. 315. PILOT PROGRAM ON STUDENT LOAN REPAYMENT AT OFFICE
OF INTELLIGENCE AND ANALYSIS OF DEPARTMENT OF
THE TREASURY.
(a) Pilot Program.--
(1) Establishment.--The Assistant Secretary for
Intelligence and Analysis in the Department of the Treasury
shall carry out a pilot program to assess the feasibility and
advisability of using repayment of loans on behalf of persons
that were used by the persons to finance education as a
recruitment incentive for employment at the Office of
Intelligence and Analysis of China specialists, data
scientists, cyber specialists, and others with any other
analytic or technical capabilities that are in high demand by
the Office.
(b) Loan Repayments.--
(1) In general.--Under the pilot program, the Assistant
Secretary may repay the principal, interest, and related
expenses of a loan obtained by a covered person to finance
education.
(2) Covered persons.--For purposes of paragraph (1), a
covered person is a person who agrees to an offer from the
Assistant Secretary to participate in the pilot program
before beginning employment in the Office.
(3) Limitation on total amount.--Under the pilot program,
the Assistant Secretary may repay not more than $100,000 on
behalf of any one person.
(4) Limitation on annual amount of payments.--Under the
pilot program, the Assistant Secretary may repay not more
than $15,000 on behalf of any one person in any one fiscal
year.
(5) Timing and period of payments.--In repaying a loan of a
person under the pilot program, the Assistant Secretary shall
make payments--
(A) on a monthly basis; and
(B) only during the period beginning on the date on which
the person begins employment with the Office and ending on
the date on which the person leaves employment with the
Office.
(c) Duration.--The Assistant Secretary shall carry out the
pilot program during the period of fiscal years 2022 through
2024.
(d) Limitation on Number of Participants.--The total number
of individuals receiving a loan repayment under the pilot
program during any fiscal year may not exceed 10.
[[Page S7954]]
(e) Administration.--
(1) In general.--In carrying out the pilot program, the
Assistant Secretary shall--
(A) establish such requirements relating to the academic or
specialized training of participants as the Assistant
Secretary considers appropriate to ensure that participants
are prepared for employment as intelligence analysts; and
(B) periodically review the areas of high demand for
particular analytic or technical capabilities and determine
which academic areas of specialization may be most useful in
addressing that demand.
(2) Use of existing programs.--The Assistant Secretary
shall assess the feasibility and advisability of
administering the pilot program by leveraging student loan
programs of the Department of the Treasury that were in
effect on the day before the date of the enactment of this
Act.
(f) Reports.--
(1) Preliminary report.--Not later than 120 days after the
date of the enactment of this Act, the Assistant Secretary
shall submit to Congress a preliminary report on the pilot
program, including a description of the pilot program and the
authorities to be utilized in carrying out the pilot program.
(2) Annual report.--
(A) In general.--Not later than one year after the
commencement of the pilot program and annually thereafter
until the program ends, the Assistant Secretary shall submit
to the congressional intelligence committees and the Director
of National Intelligence a report on the pilot program.
(B) Contents.--Each report submitted under subparagraph (A)
shall include--
(i) a description of the activities under the pilot
program, including the number of individuals who participated
in the pilot program;
(ii) an assessment of the effectiveness of the pilot
program as a recruitment tool; and
(iii) such recommendations for legislative or
administrative action as the Assistant Secretary considers
appropriate in light of the pilot program.
(3) Recommendations.--Not later than 2 years after the
commencement of the pilot program, the Director of National
Intelligence shall submit to the congressional intelligence
committees the recommendations of the Director as to which,
if any, other elements of the intelligence community would
benefit from establishing a loan repayment program similar to
the pilot program required by subsection (a), and what, if
any, modifications the Director would recommend to the
program if it were established.
(g) Funding.--Of the amounts authorized to be appropriated
by this Act, $1,300,000 shall be available until expended to
carry out this section. Of such amounts--
(1) $1,000,000 shall be available for repayment of loans;
and
(2) $300,000 shall be available for a period of 2 years
during the pilot program to hire personnel to administer the
pilot program.
SEC. 316. PROHIBITION ON COLLECTION AND ANALYSIS OF UNITED
STATES PERSONS' INFORMATION BY INTELLIGENCE
COMMUNITY BASED ON FIRST AMENDMENT-PROTECTED
ACTIVITIES.
No element of the intelligence community may collect or
analyze a United States person's information solely upon the
basis of an activity protected by the First Amendment to the
Constitution of the United States.
SEC. 317. SENSE OF THE SENATE ON THE USE OF INTELLIGENCE
COMMUNITY RESOURCES FOR COLLECTION, ASSESSMENT,
AND ANALYSIS OF INFORMATION PERTAINING
EXCLUSIVELY TO UNITED STATES PERSONS ABSENT A
FOREIGN NEXUS.
It is the sense of the Senate that--
(1) the Federal Bureau of Investigation and the Department
of Homeland Security do vital work in enforcing the rule of
law and safeguarding the people of the United States from
harm;
(2) the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 118 Stat. 3638) sought to
facilitate greater information sharing between law
enforcement and intelligence communities for the purpose of
thwarting attacks on the homeland from international
terrorist organizations;
(3) National Intelligence Program funds should be expended
only in support of intelligence activities with a foreign
nexus consistent with the definition of intelligence provided
by Congress in section 3 of the National Security Act of 1947
(50 U.S.C. 3003); and
(4) the intelligence community should not engage in the
collection, assessment, or analysis of information that
pertains exclusively to United States persons absent a
foreign nexus.
Subtitle B--Inspector General of the Intelligence Community
SEC. 321. SUBMITTAL OF COMPLAINTS AND INFORMATION BY
WHISTLEBLOWERS IN THE INTELLIGENCE COMMUNITY TO
CONGRESS.
(a) Amendments to Inspector General Act of 1978.--
(1) Appointment of security officers.--Section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(A) by redesignating subsection (h) as subsection (i); and
(B) by inserting after subsection (g) the following:
``(h) Appointment of Security Officers.--Each Inspector
General under this section, including the designees of the
Inspector General of the Department of Defense pursuant to
subsection (a)(3), shall appoint within their offices
security officers to provide, on a permanent basis,
confidential, security-related guidance and direction to an
employee of their respective establishment, an employee
assigned or detailed to such establishment, or an employee of
a contractor of such establishment who intends to report to
Congress a complaint or information, so that such employee
can obtain direction on how to report to Congress in
accordance with appropriate security practices.''.
(2) Procedures.--Subsection (d) of such section is
amended--
(A) in paragraph (1), by inserting ``or any other committee
of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the intelligence
committees'';
(B) by amending paragraph (2) to read as follows:
``(2)(A) Except as provided in subparagraph (B), the
employee may contact an intelligence committee or another
committee of jurisdiction directly as described in paragraph
(1) of this subsection or in subsection (a)(4) only if the
employee--
``(i) before making such a contact, furnishes to the head
of the establishment, through the Inspector General (or
designee), a statement of the employee's complaint or
information and notice of the employee's intent to contact an
intelligence committee or another committee of jurisdiction
of the Senate or the House of Representatives directly; and
``(ii)(I) obtains and follows from the head of the
establishment, through the Inspector General (or designee),
procedural direction on how to contact an intelligence
committee or another committee of jurisdiction of the Senate
or the House of Representatives in accordance with
appropriate security practices; or
``(II) obtains and follows such procedural direction from
the applicable security officer appointed under subsection
(h).
``(B) If an employee seeks procedural direction under
subparagraph (A)(ii) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact an intelligence committee or any other
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following the
procedural direction otherwise required under such
subparagraph.''; and
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following:
``(3) An employee of an element of the intelligence
community who intends to report to Congress a complaint or
information may report such complaint or information to the
Chairman and Vice Chairman or Chairman and Ranking Member of
an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives, a
nonpartisan member of the committee staff designated for
purposes of receiving complaints or information under this
section, or a member of the majority staff and a member of
the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subsection (a) of such section is amended by
adding at the end the following:
``(4) Subject to paragraphs (2) and (3) of subsection (d),
an employee of an element of the intelligence community who
intends to report to Congress a complaint or information may
report such complaint or information directly to Congress,
regardless of whether the complaint or information is with
respect to an urgent concern--
``(A) in lieu of reporting such complaint or information
under paragraph (1); or
``(B) in addition to reporting such complaint or
information under paragraph (1).''.
(b) Amendments to National Security Act of 1947.--
(1) Appointment of security officers.--Section 103H(j) of
the National Security Act of 1947 (50 U.S.C. 3033(j)) is
amended by adding at the end the following:
``(5) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
subsection (h) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.).''.
(2) Procedures.--Subparagraph (D) of section 103H(k)(5) of
such Act (50 U.S.C. 3033(k)(5)) is amended--
(A) in clause (i), by inserting ``or any other committee of
jurisdiction of the Senate or the House of Representatives''
after ``either or both of the congressional intelligence
committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact a congressional intelligence committee or another
committee of jurisdiction directly as described in clause (i)
only if the employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact a congressional intelligence
committee or another committee of jurisdiction of the Senate
or the House of Representatives directly; and
[[Page S7955]]
``(bb)(AA) obtains and follows from the Director, through
the Inspector General, procedural direction on how to contact
a congressional intelligence committee or another committee
of jurisdiction of the Senate or the House of Representatives
in accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 8H(h)
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact a congressional intelligence committee
or any other committee of jurisdiction of the Senate or the
House of Representatives directly without obtaining or
following the procedural direction otherwise required under
such subclause.'';
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of an element of the intelligence
community who intends to report to Congress a complaint or
information may report such complaint or information to the
Chairman and Vice Chairman or Chairman and Ranking Member of
a congressional intelligence committee or another committee
of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or
information under this section, or a member of the majority
staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of''; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of an element of the intelligence community
who intends to report to Congress a complaint or information
may report such complaint or information directly to
Congress, regardless of whether the complaint or information
is with respect to an urgent concern--
``(A) in lieu of reporting such complaint or information
under clause (i); or
``(B) in addition to reporting such complaint or
information under clause (i).''.
(c) Amendments to the Central Intelligence Agency Act of
1949.--
(1) Appointment of security officers.--Section 17(d)(5) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)) is amended by adding at the end the following:
``(I) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
subsection (h) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.).''.
(2) Procedures.--Subparagraph (D) of such section is
amended--
(A) in clause (i), by inserting ``or any other committee of
jurisdiction of the Senate or the House of Representatives''
after ``either or both of the intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact an intelligence committee or another committee of
jurisdiction directly as described in clause (i) only if the
employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact an intelligence committee or
another committee of jurisdiction of the Senate or the House
of Representatives directly; and
``(bb)(AA) obtains and follows from the Director, through
the Inspector General, procedural direction on how to contact
an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives in
accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 8H(h)
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact an intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following the
procedural direction otherwise required under such
subclause.'';
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of the Agency who intends to report to
Congress a complaint or information may report such complaint
or information to the Chairman and Vice Chairman or Chairman
and Ranking Member of an intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or
information under this section, or a member of the majority
staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of''; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of the Agency who intends to report to
Congress a complaint or information may report such complaint
or information directly to Congress, regardless of whether
the complaint or information is with respect to an urgent
concern--
``(A) in lieu of reporting such complaint or information
under clause (i); or
``(B) in addition to reporting such complaint or
information under clause (i).''.
(d) Rule of Construction.--Nothing in this section or an
amendment made by this section shall be construed to revoke
or diminish any right of an individual provided by section
2303 of title 5, United States Code.
SEC. 322. DEFINITIONS AND AUTHORITIES REGARDING WHISTLEBLOWER
COMPLAINTS AND INFORMATION OF URGENT CONCERN
RECEIVED BY INSPECTORS GENERAL OF THE
INTELLIGENCE COMMUNITY.
(a) Definition of Urgent Concern.--
(1) National security act of 1947.--Section
103H(k)(5)(G)(i) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)(G)(i)) is amended by striking ``within
the'' and all that follows through ``policy matters.'' and
inserting the following: ``of the Federal Government that
is--
``(I) a matter of national security; and
``(II) not a difference of opinion concerning public policy
matters.''.
(2) Inspector general act of 1978.--Paragraph (1)(A) of
subsection (i) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.), as redesignated by section
321(a)(1)(A), is amended by striking ``involving'' and all
that follows through ``policy matters.'' and inserting the
following: ``of the Federal Government that is--
``(i) a matter of national security; and
``(ii) not a difference of opinion concerning public policy
matters.''.
(3) Central intelligence agency act of 1949.--Section
17(d)(5)(G)(i)(I) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3517(d)(5)(G)(i)(I)) is amended by striking
``involving'' and all that follows through ``policy
matters.'' and inserting the following: ``of the Federal
Government that is--
``(aa) a matter of national security; and
``(bb) not a difference of opinion concerning public policy
matters.''.
(b) Authority of Inspectors General.--
(1) Scope of authority of inspector general of the
intelligence community.--Section 103H(k)(5) of the National
Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended by
adding at the end the following:
``(J) The Inspector General shall have authority over any
complaint or information submitted to the Inspector General
from an employee, detailee, or contractor, or former
employee, detailee, or contractor, of the intelligence
community.''.
(2) Authority of inspector general of the intelligence
community to determine matters of urgent concern.--Section
103H(k)(5)(G) of such Act (50 U.S.C. 3033(k)(5)(G)) is
amended--
(A) in clause (i), as amended by subsection (a)(1), by
resdesignating subclauses (I) and (II) as items (aa) and
(bb), respectively;
(B) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively;
(C) in the matter before subclause (I), as redesignated by
subparagraph (B), by inserting ``(i)'' before ``In this'';
and
(D) by adding at the end the following:
``(ii) The Inspector General shall have sole authority to
determine whether any complaint or information reported to
the Inspector General is a matter of urgent concern under
this paragraph.''.
(3) Authority of inspectors general to determine matters of
urgent concern.--Subsection (i) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.), as
redesignated by section 321(a)(1)(A), is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), as amended by subsection (a)(2),
by redesignating clauses (i) and (ii) as subclauses (I) and
(II), respectively; and
(ii) by redesignating paragraphs (A), (B), and (C) and
clauses (i), (ii), and (iii), respectively;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(C) in the matter before subparagraph (A), as redesignated
by subparagraph (B), by inserting ``(1)'' before ``In this'';
and
(D) by adding at the end the following:
``(2) The Inspector General shall have sole authority to
determine whether any complaint or information reported to
the Inspector General is a matter of urgent concern under
this section.''.
(4) Authority of inspector general of central intelligence
agency to determine matters of urgent concern.--Section
17(d)(5)(G) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)(G)) is amended--
(A) in clause (i)--
(i) in subclause (I), as amended by subsection (a)(3), by
redesignating items (aa) and (bb) as subitems (AA) and (BB),
respectively; and
(ii) by redesignating subclauses (I), (II), and (III) as
items (aa), (bb), and (cc), respectively;
(B) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively; and
[[Page S7956]]
(C) in the matter before clause (I), as redesignated by
subparagraph (B), by inserting ``(i)'' before ``In this'';
and
(D) by adding at the end the following:
``(ii) The Inspector General shall have sole authority to
determine whether any complaint or information reported to
the Inspector General is a matter of urgent concern under
this paragraph.''.
SEC. 323. HARMONIZATION OF WHISTLEBLOWER PROTECTIONS.
(a) Prohibited Personnel Practices in the Intelligence
Community.--
(1) Threats relating to personnel actions.--
(A) Agency employees.--Section 1104(b) of the National
Security Act of 1947 (50 U.S.C. 3234(b)) is amended, in the
matter preceding paragraph (1), by inserting ``, or threaten
to take or fail to take,'' after ``take or fail to take''.
(B) Contractor employees.--Section 1104(c)(1) of such Act
(50 U.S.C. 3234(c)(1)) is amended, in the matter preceding
subparagraph (A), by inserting ``, or threaten to take or
fail to take,'' after ``take or fail to take''.
(2) Protection for contractor employees against reprisal
from agency employees.--Section 1104(c)(1) of such Act (50
U.S.C. 3234(c)(1)), as amended by paragraph (1)(B) of this
subsection, is further amended, in the matter preceding
subparagraph (A), by inserting ``of an agency or'' after
``Any employee''.
(3) Enforcement.--Subsection (d) of section 1104 of such
Act (50 U.S.C. 3234) is amended to read as follows:
``(d) Enforcement.--The President shall provide for the
enforcement of this section consistent, to the fullest extent
possible, with the policies and procedures used to adjudicate
alleged violations of section 2302(b)(8) of title 5, United
States Code.''.
(b) Retaliatory Revocation of Security Clearances and
Access Determinations.--
(1) Enforcement.--Section 3001(j) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)) is amended--
(A) by redesignating paragraph (8) as paragraph (9); and
(B) by inserting after paragraph (7) the following:
``(8) Enforcement.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement
of this section consistent, to the fullest extent possible,
with the policies and procedures used to adjudicate alleged
violations of section 2302(b)(8) of title 5, United States
Code.''.
(2) Elimination of deadline for appeal of prohibited
reprisal.--Section 3001(j)(4)(A) of such Act (50 U.S.C.
3341(j)(4)(A)) is amended by striking ``within 90 days''.
(3) Elimination of cap on compensatory damages.--Section
3001(j)(4)(B) of such Act (50 U.S.C. 3341(j)(4)(B)) is
amended, in the second sentence, by striking ``not to exceed
$300,000''.
(4) Establishing process parity for adverse security
clearance and access determinations.--Subparagraph (C) of
section 3001(j)(4) of such Act (50 U.S.C. 3341(j)(4)) is
amended to read as follows:
``(C) Burdens of proof.--
``(i) In general.--Subject to clause (iii), in determining
whether the adverse security clearance or access
determination violated paragraph (1), the agency shall find
that paragraph (1) was violated if the individual has
demonstrated that a disclosure described in paragraph (1) was
a contributing factor in the adverse security clearance or
access determination taken against the individual.
``(ii) Circumstantial evidence.--An individual under clause
(i) may demonstrate that the disclosure was a contributing
factor in the adverse security clearance or access
determination taken against the individual through
circumstantial evidence, such as evidence that--
``(I) the official making the determination knew of the
disclosure; and
``(II) the determination occurred within a period such that
a reasonable person could conclude that the disclosure was a
contributing factor in the determination.
``(iii) Defense.--In determining whether the adverse
security clearance or access determination violated paragraph
(1), the agency shall not find that paragraph (1) was
violated if, after a finding that a disclosure was a
contributing factor, the agency demonstrates by clear and
convincing evidence that it would have made the same security
clearance or access determination in the absence of such
disclosure.''.
(c) Correction of Definition of Agency.--Section
3001(a)(1)(B) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(a)(1)(B)) is amended
by striking ``and'' and inserting ``or''.
(d) Establishing Consistency With Respect to Protections
for Disclosures of Mismanagement.--
(1) Security clearance and access determinations.--Section
3001(j)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(1)) is amended--
(A) in subparagraph (A)(ii), by striking ``gross
mismanagement'' and inserting ``mismanagement''; and
(B) in subparagraph (B)(ii), by striking ``gross
mismanagement'' and inserting ``mismanagement''.
(2) Personnel actions against contractor employees.--
Section 1104(c)(1)(B) of the National Security Act of 1947
(50 U.S.C. 3234(c)(1)(B)) is amended by striking ``gross
mismanagement'' and inserting ``mismanagement''.
(e) Protected Disclosures to Supervisors.--
(1) Personnel actions.--
(A) Disclosures by agency employees to supervisors.--
Section 1104(b) of the National Security Act of 1947 (50
U.S.C. 3234(b)), as amended by subsection (a)(1)(A), is
further amended, in the matter preceding paragraph (1), by
inserting ``a supervisor in the employee's direct chain of
command, or a supervisor of the employing agency with
responsibility for the subject matter of the disclosure, up
to and including'' before ``the head of the employing
agency''.
(B) Disclosures by contractor employees to supervisors.--
Section 1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)), as
amended by subsection (a), is further amended, in the matter
preceding subparagraph (A), by inserting ``a supervisor in
the contractor employee's direct chain of command up to and
including'' before ``the head of the contracting agency''.
(2) Security clearance and access determinations.--Section
3001(j)(1)(A) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amended,
in the matter preceding clause (i), by inserting ``a
supervisor in the employee's direct chain of command, or a
supervisor of the employing agency with responsibility for
the subject matter of the disclosure, up to and including''
before ``the head of the employing agency''.
(f) Establishing Parity for Protected Disclosures.--Section
1104 of the National Security Act of 1947 (50 U.S.C. 3234) is
amended--
(1) in subsection (b), as amended by subsections (a)(1)(A)
and (e)(1)(A)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the right;
(B) in the matter preceding subparagraph (A), as
redesignated and moved by subparagraph (B) of this paragraph,
by striking ``for a lawful disclosure'' and inserting the
following: ``for--
``(1) any lawful disclosure''; and
(C) by adding at the end the following:
``(2) any lawful disclosure that complies with--
``(A) subsections (a)(1), (d), and (g) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(B) subparagraphs (A), (D), and (H) of section 17(d)(5)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)); or
``(C) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
``(3) if the actions do not result in the employee
unlawfully disclosing information specifically required by
Executive order to be kept classified in the interest of
national defense or the conduct of foreign affairs, any
lawful disclosure in conjunction with--
``(A) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation;
``(B) testimony for or otherwise lawfully assisting any
individual in the exercise of any right referred to in
subparagraph (A); or
``(C) cooperation with or disclosing information to the
Inspector General of an agency, in accordance with applicable
provisions of law in connection with an audit, inspection, or
investigation conducted by the Inspector General.''; and
(2) in subsection (c)(1), as amended by subsections (a) and
(e)(1)(B)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses, as so
redesignated, 2 ems to the right;
(B) in the matter preceding clause (i), as redesignated and
moved by subparagraph (B) of this paragraph, by striking
``for a lawful disclosure'' and inserting the following:
``for--
``(A) any lawful disclosure''; and
(C) by adding at the end the following:
``(B) any lawful disclosure that complies with--
``(i) subsections (a)(1), (d), and (g) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(ii) subparagraphs (A), (D), and (H) of section 17(d)(5)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)); or
``(iii) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
``(C) if the actions do not result in the contractor
employee unlawfully disclosing information specifically
required by Executive order to be kept classified in the
interest of national defense or the conduct of foreign
affairs, any lawful disclosure in conjunction with--
``(i) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation;
``(ii) testimony for or otherwise lawfully assisting any
individual in the exercise of any right referred to in clause
(i); or
``(iii) cooperation with or disclosing information to the
Inspector General of an agency, in accordance with applicable
provisions of law in connection with an audit, inspection, or
investigation conducted by the Inspector General.''.
(g) Clarification Relating to Protected Disclosures.--
Section 1104 of the National Security Act of 1947 (50 U.S.C.
3234) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Rule of Construction.--Consistent with the protection
of sources and methods,
[[Page S7957]]
nothing in subsection (b) or (c) shall be construed to
authorize--
``(1) the withholding of information from Congress; or
``(2) the taking of any personnel action against an
employee who lawfully discloses information to Congress.
``(e) Disclosures.--A disclosure shall not be excluded from
this section because--
``(1) the disclosure was made to an individual, including a
supervisor, who participated in an activity that the employee
reasonably believed to be covered under subsection (b)(1)(B)
or the contractor employee reasonably believed to be covered
under subsection (c)(1)(A)(ii);
``(2) the disclosure revealed information that had been
previously disclosed;
``(3) the disclosure was not made in writing;
``(4) the disclosure was made while the employee was off
duty;
``(5) of the amount of time which has passed since the
occurrence of the events described in the disclosure; or
``(6) the disclosure was made during the normal course of
duties of an employee or contractor employee.''.
(h) Correction Relating to Normal Course Disclosures.--
Section 3001(j)(3) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(3)) is amended--
(1) by striking ``Disclosures.--'' and all that follows
through ``because--'' and inserting ``Disclosures.--A
disclosure shall not be excluded from paragraph (1) because--
'';
(2) by striking subparagraph (B);
(3) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the left;
(4) in subparagraph (D), as so redesignated, by striking
``or'' at the end;
(5) in subparagraph (E), as redesignated by paragraph (3),
by striking the period at the end and inserting ``; or''; and
(6) by adding at the end the following:
``(F) the disclosure was made during the normal course of
duties of an employee.''.
(i) Clarification Relating to Rule of Construction.--
Section 3001(j)(2) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(2)) is amended by
inserting ``or clearance action'' after ``personnel action''.
(j) Clarification Relating to Prohibited Practices.--
(1) Intelligence reform and terrorism prevention act of
2004.--Section 3001(j)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)), as
amended by this section, is further amended by striking
``over'' and inserting ``to take, materially impact, direct
others to take, recommend, or approve''.
(2) National security act of 1947.--
(A) Agency employees.--Section 1104(b) of the National
Security Act of 1947 (50 U.S.C. 3234(b)), as amended by this
section, is further amended by inserting ``materially
impact,'' after ``authority to take,''
(B) Contractor employees.--Section 1104(c)(1) of such Act
(50 U.S.C. 3234(c)(1)), as amended by this section, is
further amended by inserting ``materially impact,'' after
``authority to take,''.
(k) Technical Correction.--Section 3001(j)(1)(C)(i) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)(C)(i)) is amended by striking ``(h)'' and
inserting ``(g)''.
(l) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of
the Intelligence Community shall submit to the congressional
intelligence committees a report assessing the extent to
which protections provided under Presidential Policy
Directive 19 (relating to protecting whistleblowers with
access to classified information) have been codified in
statutes.
SEC. 324. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER
IDENTITY AS REPRISAL AGAINST WHISTLEBLOWER
DISCLOSURE BY EMPLOYEES AND CONTRACTORS IN
INTELLIGENCE COMMUNITY.
(a) In General.--Section 1104 of the National Security Act
of 1947 (50 U.S.C. 3234) is amended--
(1) in subsection (a)(3) of such section--
(A) in subparagraph (I), by striking ``; or'' and inserting
a semicolon;
(B) by redesignating subparagraph (J) as subparagraph (K);
and
(C) by inserting after subparagraph (I) the following:
``(J) a knowing and willful disclosure revealing the
identity or other personally identifiable information of an
employee or contractor employee; or'';
(2) by redesignating subsections (f) and (g), as
redesignated by section 323(g)(1), as subsections (g) and
(h), respectively; and
(3) by inserting after subsection (e), as added by section
323(g)(2), the following:
``(f) Personnel Actions Involving Disclosures of
Whistleblower Identity.--A personnel action described in
subsection (a)(3)(J) shall not be considered in violation of
subsection (b) or (c) under the following circumstances:
``(1) The personnel action was taken with the express
consent of the employee or contractor employee.
``(2) An Inspector General with oversight responsibility
for a covered intelligence community element determines
that--
``(A) the personnel action was unavoidable under section
103H(g)(3)(A) of this Act (50 U.S.C. 3033(g)(3)(A)), section
17(e)(3)(A) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(e)(3)(A)), or section 8M(b)(2)(B) of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(B) the personnel action was made to an official of the
Department of Justice responsible for determining whether a
prosecution should be undertaken; or
``(C) the personnel action was required by statute or an
order from a court of competent jurisdiction.''.
(b) Applicability to Detailees.--Subsection (a) of section
1104 of such Act (50 U.S.C. 3234) is amended by adding at the
end the following:
``(5) Employee.--The term `employee', with respect to an
agency or a covered intelligence community element, includes
an individual who has been detailed to such agency or covered
intelligence community element.''.
(c) Private Right of Action for Unlawful Disclosure of
Whistleblower Identity.--Subsection (g) of such section, as
amended by subsection (a)(3) of section 323(a)(3),
redesignated by subsection (g)(1) of such section, and
further redesignated by subsection (a)(2) of this section, is
amended to read as follows:
``(g) Enforcement.--
``(1) In general.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement
of this section.
``(2) Harmonization with other enforcement.--To the fullest
extent possible, the President shall provide for enforcement
of this section in a manner that is consistent with the
enforcement of section 2302(b)(8) of title 5, United States
Code, especially with respect to policies and procedures used
to adjudicate alleged violations of such section.
``(3) Private right of action for disclosures of
whistleblower identity in violation of prohibition against
reprisals.--Subject to paragraph (4), in a case in which an
employee of an agency takes a personnel action described in
subsection (a)(3)(J) against an employee of a covered
intelligence community element as a reprisal in violation of
subsection (b) or in a case in which an employee or
contractor employee takes a personnel action described in
subsection (a)(3)(J) against another contractor employee as a
reprisal in violation of subsection (c), the employee or
contractor employee against whom the personnel action was
taken may, consistent with section 1221 of title 5, United
States Code, bring a private action for all appropriate
remedies, including injunctive relief and compensatory and
punitive damages, in an amount not to exceed $250,000,
against the agency of the employee or contracting agency of
the contractor employee who took the personnel action, in a
Federal district court of competent jurisdiction.
``(4) Requirements.--
``(A) Review by inspector general and by external review
panel.--Before the employee or contractor employee may bring
a private action under paragraph (3), the employee or
contractor employee shall exhaust administrative remedies
by--
``(i) first, obtaining a disposition of their claim by
requesting review of the appropriate inspector general; and
``(ii) second, submitting to the Inspector General of the
Intelligence Community a request for a review of the claim by
an external review panel under section 1106.
``(B) Period to bring action.--The employee or contractor
employee may bring a private right of action under paragraph
(3) during the 180-day period beginning on the date on which
the employee or contractor employee is notified of the final
disposition of their claim under section 1106.''.
SEC. 325. CONGRESSIONAL OVERSIGHT OF CONTROLLED ACCESS
PROGRAMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Appropriations of the Senate; and
(C) the Committee on Appropriations of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) Controlled access program.--The term ``controlled
access program'' means a program created or managed pursuant
to Intelligence Community Directive 906, or successor
directive.
(b) Periodic Briefings Required.--
(1) In general.--Not less frequently than semiannually or
upon request by one of the appropriate committees of Congress
or a member of congressional leadership, the Director of
National Intelligence shall provide the appropriate
committees of Congress and congressional leadership a
briefing on each controlled access program in effect.
(2) Contents.--Each briefing provided under paragraph (1)
shall include, at a minimum, the following:
(A) A description of the activity of the controlled access
programs during the period covered by the briefing.
(B) Documentation with respect to how the controlled access
programs have achieved outcomes consistent with requirements
documented by the Director and, as applicable, the Secretary
of Defense.
[[Page S7958]]
(c) Limitations.--
(1) Limitation on establishment.--A head of an element of
the intelligence community may not establish a controlled
access program, or a compartment or subpcompartment therein,
until the head notifies the appropriate committees of
Congress and congressional leadership of such controlled
access program, compartment, or subcompartment, as the case
may be.
(2) Limitation on use of funds.--No funds may be obligated
or expended by an element of the intelligence community to
carry out a controlled access program, or a compartment or
subcompartment therein, until the head of that element has
briefed the appropriate committees of Congress and
congressional leadership on the controlled access program.
(d) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, each head of an element of the
intelligence community shall provide to the appropriate
committees of Congress and congressional leadership a report
on all controlled access programs of the element in effect.
(B) Matters addressed.--Each report under subparagraph (A)
shall address, for each controlled access program covered by
the report, the following:
(i) Date of initial operational capability.
(ii) Rationale.
(iii) Annual level of funding.
(iv) Current operational use.
(2) Annual reports.--
(A) Requirement.--On an annual basis, the head of each
element of the intelligence community shall submit to the
appropriate committees of Congress and congressional
leadership a report on controlled access programs
administered by the head.
(B) Matters included.--Each report submitted under
paragraph (1) shall include, with respect to the period
covered by the report, the following:
(i) A list of all compartments and subcompartments of
controlled access programs active as of the date of the
report.
(ii) A list of all compartments and subcompartments of
controlled access programs terminated during the period
covered by the report.
(iii) With respect to the report submitted by the Director
of National Intelligence, in addition to the matters
specified in subparagraphs (A) and (B)--
(I) a certification regarding whether the creation,
validation, or substantial modification, including
termination, for all existing and proposed controlled access
programs, and the compartments and subcompartments within
each, are substantiated and justified based on the
information required by clause (ii); and
(II) for each certification--
(aa) the rationale for the revalidation, validation, or
substantial modification, including termination, of each
controlled access program, compartment, and subcompartment;
(bb) the identification of a control officer for each
controlled access program; and
(cc) a statement of protection requirements for each
controlled access program.
(e) Conforming Repeal.--Section 608 of the Intelligence
Authorization Act for Fiscal Year 2017 (division N of Public
Law 115-31; 131 Stat. 833; 50 U.S.C. 3315) is amended by
striking subsection (b).
Subtitle C--Reports and Assessments Pertaining to the Intelligence
Community
SEC. 331. REPORT ON EFFORTS TO BUILD AN INTEGRATED HYBRID
SPACE ARCHITECTURE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and annually for 2 years
thereafter, the Director of National Intelligence, in
coordination with the Under Secretary of Defense for
Intelligence and Security and the Director of the National
Reconnaissance Office, shall submit to the appropriate
committees of Congress a report on the efforts of the
intelligence community to build an integrated hybrid space
architecture that combines national and commercial
capabilities and large and small satellites.
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) An assessment of how the integrated hybrid space
architecture approach is being realized in the overhead
architecture of the National Reconnaissance Office.
(2) An assessment of the benefits to the mission of the
National Reconnaissance Office and the cost of integrating
capabilities from smaller, proliferated satellites and data
from commercial satellites with the national technical means
architecture.
SEC. 332. REPORT ON PROJECT MAVEN TRANSITION.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of the
National Geospatial-Intelligence Agency, in consultation with
such other Federal Government entities as the Director
considers appropriate, shall submit to the appropriate
committees of Congress a report on the transition of Project
Maven to operational mission support.
(c) Plan of Action and Milestones.--The report required by
subsection (b) shall include a detailed plan of action and
milestones that identifies--
(1) the milestones and decision points leading up to the
transition of successful geospatial intelligence capabilities
developed under Project Maven to the National Geospatial-
Intelligence Agency; and
(2) the metrics of success regarding the transition
described in paragraph (1) and mission support provided to
the National Geospatial-Intelligence Agency for each of
fiscal years 2022 and 2023.
(d) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 333. ASSESSMENT OF INTELLIGENCE COMMUNITY
COUNTERNARCOTICS CAPABILITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Assessment Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence shall, in consultation with such other Federal
Government entities as the Director considers appropriate,
submit to the appropriate committees of Congress an
assessment on the status of the intelligence community's--
(1) counternarcotics capabilities and resourcing with
regard to intelligence collection and analysis;
(2) operational support to foreign liaison partners; and
(3) operational capacity to support the counternarcotics
mission of the Federal Government.
(c) Form.--The assessment required by subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 334. ASSESSMENT OF INTELLIGENCE COMMUNITY'S
INTELLIGENCE-SHARING RELATIONSHIPS WITH LATIN
AMERICAN PARTNERS IN COUNTERNARCOTICS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on the Judiciary of the Senate; and
(3) the Committee on the Judiciary of the House of
Representatives.
(b) Assessment Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence shall, in consultation with such other Federal
Government entities as the Director considers appropriate,
submit to the appropriate committees of Congress an
assessment on the intelligence-sharing relationships of the
intelligence community with foreign partners in Latin America
on counternarcotics matters.
(c) Form.--The assessment required by subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 335. REPORT ON UNITED STATES SOUTHERN COMMAND
INTELLIGENCE CAPABILITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of the
Defense Intelligence Agency, in consultation with such other
Federal Government entities as the Director considers
relevant, shall submit to the appropriate committees of
Congress a report detailing the status of United States
Southern Command's intelligence collection, analysis, and
operational capabilities to support Latin America-based
missions.
(c) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 336. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON TRENDS
IN TECHNOLOGIES OF STRATEGIC IMPORTANCE TO
UNITED STATES.
(a) In General.--Not less frequently than once every 2
years until the date that is 4 years after the date of the
enactment of this Act, the Director of National Intelligence
[[Page S7959]]
shall, in consultation with the Secretary of Commerce and the
Director of the Office of Science and Technology Policy,
submit to Congress a report assessing commercial and foreign
trends in technologies the Director considers of strategic
importance to the national and economic security of the
United States.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) A list of the top technology focus areas that the
Director considers to be of the most strategic importance to
the United States.
(2) A list of the top technology focus areas in which
countries that are adversarial to the United States are
poised to match or surpass the technological leadership of
the United States.
(c) Form.--Each report submitted under subsection (a) may
take the form of a National Intelligence Estimate and shall
be submitted in classified form, but may include an
unclassified summary.
SEC. 337. REPORT ON NORD STREAM II COMPANIES AND INTELLIGENCE
TIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate;
and
(3) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Financial Services, the
Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 30 days after the date
of the enactment of this Act, the Director of National
Intelligence, in consultation with other appropriate Federal
Government entities, shall submit to the appropriate
committees of Congress a report on Nord Stream II efforts,
including:
(1) an unclassified list of all companies supporting the
Nord Stream II project; and
(2) an updated assessment of current or former ties between
Nord Stream's Chief Executive Officer and Russian, East
German, or other hostile intelligence agencies.
(c) Form.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 338. ASSESSMENT OF ORGANIZATION OF DEFENSIVE INNOVATION
AND RESEARCH ACTIVITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) Assessment Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with other appropriate Federal
Government entities, shall submit to the appropriate
committees of Congress an assessment of the activities and
objectives of the Organization of Defensive Innovation and
Research (SPND). This assessment shall include information
about the composition of the organization, the relationship
of its personnel to any research on weapons of mass
destruction, and any sources of financial and material
support that such organization receives, including from the
Government of Iran.
(c) Form.--The assessment required under subsection (b)
shall be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 339. REPORT ON INTELLIGENCE COMMUNITY SUPPORT TO VISAS
MANTIS PROGRAM.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
the Judiciary, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Appropriations of the Senate;
and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, the Committee on Financial Services, and the
Committee on Appropriations of the House of Representatives.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the head of any other
appropriate Government entity, shall submit to the
appropriate committees of Congress a report on intelligence
matters relating to the Visas Mantis program, including
efforts by--
(A) the intelligence community to provide and plan for
effective intelligence support to such program; and
(B) hostile intelligence services to exploit such program
or any other program by which visas for admission to the
United States are issued.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex, as necessary.
SEC. 340. PLAN FOR ARTIFICIAL INTELLIGENCE DIGITAL ECOSYSTEM.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Director of National
Intelligence shall--
(1) develop a plan for the development and resourcing of a
modern digital ecosystem that embraces state-of-the-art tools
and modern processes to enable development, testing,
fielding, and continuous updating of artificial intelligence-
powered applications at speed and scale from headquarters to
the tactical edge; and
(2) submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives the plan developed under
paragraph (1).
(b) Contents of Plan.--At a minimum, the plan required by
subsection (a) shall include the following:
(1) A roadmap for adopting a hoteling model to allow
trusted small- and medium-sized artificial intelligence
companies access to classified facilities on a flexible
basis.
(2) An open architecture and an evolving reference design
and guidance for needed technical investments in the proposed
ecosystem that address issues, including common interfaces,
authentication, applications, platforms, software, hardware,
and data infrastructure.
(3) A governance structure, together with associated
policies and guidance, to drive the implementation of the
reference throughout the intelligence community on a
federated basis.
(4) Recommendations to ensure that use of artificial
intelligence and associated data in Federal Government
operations comport with rights relating to freedom of
expression, equal protection, privacy, and due process.
(c) Form.--The plan submitted under subsection (a)(2) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 341. STUDY ON UTILITY OF EXPANDED PERSONNEL MANAGEMENT
AUTHORITY.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
(b) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence and Security and the Director of National
Intelligence shall jointly submit to the appropriate
committees of Congress a study on the utility of providing
elements of the intelligence community of the Department of
Defense, other than the National Geospatial-Intelligence
Agency, personnel management authority to attract experts in
science and engineering under section 1599h of title 10,
United States Code.
SEC. 342. ASSESSMENT OF ROLE OF FOREIGN GROUPS IN DOMESTIC
VIOLENT EXTREMISM.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives.
(b) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall--
(1) complete an assessment to identify the role of foreign
groups, including entities, adversaries, governments, or
other groups, in domestic violent extremist activities in the
United States; and
(2) submit to the appropriate committees of Congress the
findings of the Director with respect to the assessment
completed under paragraph (1).
(c) Form.--The findings submitted under subsection (b)(2)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 343. REPORT ON THE ASSESSMENT OF ALL-SOURCE CYBER
INTELLIGENCE INFORMATION, WITH AN EMPHASIS ON
SUPPLY CHAIN RISKS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the potential to strengthen all-source
intelligence integration relating to foreign cyber threats,
with an emphasis on cyber supply chain risks.
(b) Contents.--The report required under subsection (a)
shall include the following:
(1) An assessment of the effectiveness of the all-source
cyber intelligence integration capabilities of the Office of
the Director of National Intelligence and recommendations for
such changes as the Director considers necessary to
strengthen those capabilities.
(2) An assessment of the effectiveness of the Office of the
Director of National Intelligence in analyzing and reporting
on cyber
[[Page S7960]]
supply chain risks, including efforts undertaken by the
National Counterintelligence and Security Center.
(3) Mitigation plans for any gaps or deficiencies
identified in the assessments included under paragraphs (1)
and (2).
SEC. 344. REVIEW OF NATIONAL SECURITY AGENCY AND UNITED
STATES CYBER COMMAND.
(a) Review Required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of
the Intelligence Community, the Inspector General of the
National Security Agency, and the Inspector General of the
Department of Defense shall jointly complete a review of the
National Security Agency and the United States Cyber Command.
(b) Elements.--The review required by subsection (a) shall
include assessment of the following:
(1) Whether resources, authorities, activities, missions,
facilities, and personnel are appropriately being delineated
and used to conduct the intelligence and cybersecurity
missions at the National Security Agency as well as the cyber
offense and defense missions of United States Cyber Command.
(2) The extent to which current resource-sharing
arrangements between the National Security Agency and United
States Cyber Command lead to conflicts of interest in
directing intelligence collection in support of United States
Cyber Command missions rather than foreign intelligence
collection.
(3) The intelligence analysis and production conducted by
United States Cyber Command using National Security Agency
authorities, with a focus on analytic integrity and
intelligence oversight to ensure proper analysis is informing
mission operations.
(c) Report and Brief.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of
the Intelligence Community and the Inspector General of the
Department of Defense shall jointly submit to the
congressional intelligence committees and the congressional
defense committees (as defined in section 101(a) of title 10,
United States Code) a report and provide such committees a
briefing on the findings of the inspectors general with
respect to the review completed under subsection (a).
SEC. 345. SUPPORT FOR AND OVERSIGHT OF UNIDENTIFIED AERIAL
PHENOMENA TASK FORCE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' includes:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Commerce, Science, and Transportation
of the Senate.
(D) The Committee on Armed Services of the House of
Representatives.
(E) The Committee on Transportation and Infrastructure of
the House of Representatives.
(F) The Committee on Science, Space, and Technology of the
House of Representatives.
(2) Unidentified aerial phenomena task force.--The term
``Unidentified Aerial Phenomena Task Force'' means the task
force established by the Department of Defense on August 4,
2020, to be led by the Department of the Navy, under the
Office of the Under Secretary of Defense for Intelligence and
Security.
(b) Availability of Data on Unidentified Aerial
Phenomena.--The Director of National Intelligence and the
Secretary of Defense shall each, in coordination with each
other, require each element of the intelligence community and
the Department of Defense with data relating to unidentified
aerial phenomena to make such data available immediately to
the Unidentified Aerial Phenomena Task Force and to the
National Air and Space Intelligence Center.
(c) Quarterly Reports to Congress.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and not less frequently than
quarterly thereafter, the Unidentified Aerial Phenomena Task
Force, or such other entity as the Deputy Secretary of
Defense may designate to be responsible for matters relating
to unidentified aerial phenomena, shall submit to the
appropriate committees of Congress quarterly reports on the
findings of the Unidentified Aerial Phenomena Task Force, or
such other designated entity as the case may be.
(2) Contents.--Each report submitted under paragraph (1)
shall include, at a minimum, the following:
(A) All reported unidentified aerial phenomena-related
events that occurred during the previous 90 days.
(B) All reported unidentified aerial phenomena-related
events that occurred during a time period other than the
previous 90 days but were not included in an earlier report.
(3) Form.--Each report submitted under paragraph (1) shall
be submitted in classified form.
SEC. 346. PUBLICATION OF UNCLASSIFIED APPENDICES FROM REPORTS
ON INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS.
Section 6720(c) of the National Defense Authorization Act
for Fiscal Year 2020 (50 U.S.C. 3316a(c)) is amended by
adding at the end the following:
``(4) Publication.--The Director of National Intelligence
shall make available to the public each unclassified appendix
submitted with a report under paragraph (1) pursuant to
paragraph (2).''.
SEC. 347. REPORT ON FUTURE STRUCTURE AND RESPONSIBILITIES OF
FOREIGN MALIGN INFLUENCE CENTER.
(a) Assessment and Report Required.--Not later than one
year after the date of the enactment of this Act, the
Director of National Intelligence shall--
(1) conduct an assessment as to the future structure and
responsibilities of the Foreign Malign Influence Center; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to the
assessment conducted under paragraph (1).
(b) Elements.--The assessment conducted under subsection
(a)(1) shall include an assessment of whether--
(1) the Director of the Foreign Malign Influence Center
should continue to report directly to the Director of
National Intelligence; or
(2) the Foreign Malign Influence Center should become an
element of the National Counterintelligence and Security
Center and the Director of the Foreign Malign Influence
Center should report to the Director of the National
Counterintelligence and Security Center.
Subtitle D--People's Republic of China
SEC. 351. ASSESSMENT OF POSTURE AND CAPABILITIES OF
INTELLIGENCE COMMUNITY WITH RESPECT TO ACTIONS
OF THE PEOPLE'S REPUBLIC OF CHINA TARGETING
TAIWAN.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence and the Director of the Central Intelligence
Agency shall jointly--
(1) complete an assessment to identify whether the posture
and capabilities of the intelligence community are adequate
to provide--
(A) sufficient indications and warnings regarding actions
of the People's Republic of China targeting Taiwan; and
(B) policymakers with sufficient lead time to respond to
actions described in subparagraph (A); and
(2) submit to the appropriate committees of Congress the
findings of the assessment completed under paragraph (1).
(c) Form.--The findings submitted under subsection (b)(2)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 352. PLAN TO COOPERATE WITH INTELLIGENCE AGENCIES OF KEY
DEMOCRATIC COUNTRIES REGARDING TECHNOLOGICAL
COMPETITION WITH PEOPLE'S REPUBLIC OF CHINA.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(b) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a plan to increase cooperation with the intelligence
agencies of key democratic countries and key partners and
allies of the United States in order to track and analyze the
following:
(1) Technology capabilities and gaps among allied and
partner countries of the United States.
(2) Current capabilities of the People's Republic of China
in critical technologies and components.
(3) The efforts of the People's Republic of China to buy
startups, conduct joint ventures, and invest in specific
technologies globally.
(4) The technology development of the People's Republic of
China in key technology sectors.
(5) The efforts of the People's Republic of China relating
to standard-setting forums.
(6) Supply chain vulnerabilities for key technology
sectors.
SEC. 353. ASSESSMENT OF PEOPLE'S REPUBLIC OF CHINA GENOMIC
COLLECTION.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Health, Education, Labor, and Pensions, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Foreign Relations of the Senate; and
[[Page S7961]]
(3) the Committee on Armed Services, the Committee on
Homeland Security, the Committee on Labor and Education, the
Committee on Financial Services, and the Committee on Foreign
Affairs of the House of Representatives.
(b) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with other appropriate Federal
Government entities, shall submit to the appropriate
committees of Congress an assessment of the People's Republic
of China's plans, intentions, capabilities, and resources
devoted to biotechnology, and the objectives underlying those
activities. The assessment shall include--
(1) a detailed analysis of efforts undertaken by the
People's Republic of China (PRC) to acquire foreign-origin
biotechnology, research and development, and genetic
information, including technology owned by United States
companies, research by United States institutions, and the
genetic information of United States citizens;
(2) identification of PRC-based organizations conducting or
directing these efforts, including information about the ties
between those organizations and the PRC government, the
Chinese Communist Party, or the People's Liberation Army; and
(3) a detailed analysis of the intelligence community
resources devoted to biotechnology, including synthetic
biology and genomic-related issues, and a plan to improve
understanding of these issues and ensure the intelligence
community has the requisite expertise.
(c) Form.--The assessment required under subsection (b)
shall be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 354. UPDATES TO ANNUAL REPORTS ON INFLUENCE OPERATIONS
AND CAMPAIGNS IN THE UNITED STATES BY THE
CHINESE COMMUNIST PARTY.
Section 1107(b) of the National Security Act of 1947 (50
U.S.C. 3237(b)) is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following:
``(9) A listing of all known Chinese talent recruitment
programs operating in the United States as of the date of the
report.''.
SEC. 355. REPORT ON INFLUENCE OF PEOPLE'S REPUBLIC OF CHINA
THROUGH BELT AND ROAD INITIATIVE PROJECTS WITH
OTHER COUNTRIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report on recent projects negotiated by the
People's Republic of China with other countries as part of
the Belt and Road Initiative of the People's Republic of
China. Such report shall include information about the types
of such projects, costs of such projects, and the potential
national security implications of such projects.
(c) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 356. STUDY ON THE CREATION OF AN OFFICIAL DIGITAL
CURRENCY BY THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(3) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) In General.--Not later than one year after the date of
the enactment of this Act, the President shall submit to the
appropriate committees of Congress a report on the short-,
medium-, and long-term national security risks associated
with the creation and use of the official digital renminbi of
the People's Republic of China, including--
(1) risks arising from potential surveillance of
transactions;
(2) risks related to security and illicit finance; and
(3) risks related to economic coercion and social control
by the People's Republic of China.
(c) Form of Report.--The report required by subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 357. REPORT ON EFFORTS OF CHINESE COMMUNIST PARTY TO
ERODE FREEDOM AND AUTONOMY IN HONG KONG.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report on efforts of the Chinese Communist Party
to stifle political freedoms in Hong Kong, influence or
manipulate the judiciary of Hong Kong, destroy freedom of the
press and speech in Hong Kong, and take actions to otherwise
undermine the democratic processes of Hong Kong.
(c) Contents.--The report submitted under subsection (b)
shall include an assessment of the implications of the
efforts of the Chinese Communist Party described in such
subsection for international business, investors, academic
institutions, and other individuals operating in Hong Kong.
(d) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 358. REPORT ON TARGETING OF RENEWABLE SECTORS BY CHINA.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report assessing the efforts and advancements of
China in the wind power, solar power, and electric vehicle
battery production sectors (or key components of such
sectors).
(c) Contents.--The report submitted under subsection (b)
shall include the following:
(1) An assessment of how China is targeting rare earth
minerals and the effect of such targeting on the sectors
described in subsection (b).
(2) Details of the use by the Chinese Communist Party of
state-sanctioned forced labor schemes, including forced labor
and the transfer of Uyghurs and other ethnic groups, and
other human rights abuses in such sectors.
(d) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
TITLE IV--ANOMALOUS HEALTH INCIDENTS
SEC. 401. DEFINITION OF ANOMALOUS HEALTH INCIDENT.
In this title, the term ``anomalous health incident'' means
an unexplained health event characterized by any of a
collection of symptoms and clinical signs that includes the
sudden onset of perceived loud sound, a sensation of intense
pressure or vibration in the head, possibly with a
directional character, followed by the onset of tinnitus,
hearing loss, acute disequilibrium, unsteady gait, visual
disturbances, and ensuing cognitive dysfunction.
SEC. 402. ASSESSMENT AND REPORT ON INTERAGENCY COMMUNICATION
RELATING TO EFFORTS TO ADDRESS ANOMALOUS HEALTH
INCIDENTS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Assessment and Report Required.--Not later than 180
days after the date of the enactment of this Act, the
Director of National Intelligence shall--
(1) conduct an assessment of how the various elements of
the intelligence community are coordinating or collaborating
with each other and with elements of the Federal Government
that are not part of the intelligence community in their
efforts to address anomalous health incidents; and
(2) submit to the appropriate committees of Congress a
report on the findings of the Director with respect to the
assessment conducted under paragraph (1).
(c) Form.--The report submitted pursuant to subsection
(b)(2) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 403. ADVISORY PANEL ON THE OFFICE OF MEDICAL SERVICES OF
THE CENTRAL INTELLIGENCE AGENCY.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall establish, under the sponsorship of such
entities as the Director considers appropriate, an advisory
panel to assess the capabilities, expertise, and
qualifications of the Office of Medical Services of the
Central Intelligence Agency in relation to the care and
health management of personnel of the intelligence community
who are reporting symptoms consistent with anomalous health
incidents.
(b) Membership.--
[[Page S7962]]
(1) In general.--The advisory panel shall be composed of at
least 9 individuals selected by the Director of National
Intelligence from among individuals who are recognized
experts in the medical profession and intelligence community.
(2) Diversity.--In making appointments to the advisory
panel, the Director shall ensure that the members of the
panel reflect diverse experiences in the public and private
sectors.
(c) Duties.--The duties of the advisory panel established
under subsection (a) are as follows:
(1) To review the performance of the Office of Medical
Services of the Central Intelligence Agency, specifically as
it relates to the medical care of personnel of the
intelligence community who are reporting symptoms consistent
with anomalous health incidents during the period beginning
on January 1, 2016, and ending on December 31, 2021.
(2) To assess the policies and procedures that guided
external treatment referral practices for Office of Medical
Services patients who reported symptoms consistent with
anomalous health incidents during the period described in
paragraph (1).
(3) To develop recommendations regarding capabilities,
processes, and policies to improve patient treatment by the
Office of Medical Services with regard to anomalous health
incidents, including with respect to access to external
treatment facilities and specialized medical care.
(4) To prepare and submit a report as required by
subsection (e)(1).
(d) Administrative Matters.--
(1) In general.--The Director of the Central Intelligence
Agency shall provide the advisory panel established pursuant
to subsection (a) with timely access to appropriate
information, data, resources, and analysis so that the
advisory panel may carry out the duties of the advisory panel
under subsection (c).
(2) Inapplicability of faca.--The requirements of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the advisory panel established pursuant to
subsection (a).
(e) Reports.--
(1) Final report.--Not later than 1 year after the date on
which the Director of National Intelligence establishes the
advisory panel pursuant to subsection (a), the advisory panel
shall submit to the Director of National Intelligence, the
Director of the Central Intelligence Agency, and the
congressional intelligence committees a final report on the
activities of the advisory panel under this section.
(2) Elements.--The final report submitted under paragraph
(1) shall contain a detailed statement of the findings and
conclusions of the panel, including--
(A) a history of anomalous health incidents; and
(B) such additional recommendations for legislation or
administrative action as the advisory panel considers
appropriate.
(3) Interim report or briefing.--Not later than 180 days
after the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees a report or provide such committees a
briefing on the interim findings of the advisory panel with
respect to the elements set forth in paragraph (2).
(4) Comments of the director of national intelligence.--Not
later than 30 days after receiving the final report of the
advisory panel under paragraph (1), the Director of National
Intelligence shall submit to the congressional intelligence
committees such comments as the Director may have with
respect to such report.
SEC. 404. JOINT TASK FORCE TO INVESTIGATE ANOMALOUS HEALTH
INCIDENTS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, and the
Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, and the
Committee on Appropriations of the House of Representatives.
(b) Joint Task Force Required.--The Director of National
Intelligence and the Director of the Federal Bureau of
Investigation shall jointly establish a task force to
investigate anomalous health incidents.
(c) Consultation.--In carrying out an investigation under
subsection (b), the task force established under such
subsection shall consult with the Secretary of Defense.
(d) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the task force established under
subsection (b) shall complete the investigation required by
such subsection and submit to the appropriate committees of
Congress a written report on the findings of the task force
with respect to such investigation.
(2) Form.--The report submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 405. REPORTING ON OCCURRENCE OF ANOMALOUS HEALTH
INCIDENTS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Appropriations of the Senate; and
(3) the Committee on Appropriations of the House of
Representatives.
(b) In General.--Whenever the head of an element of the
intelligence community becomes aware of a report of an
anomalous health incident occurring among the employees or
contractors of the element, the head of the element shall
submit to the appropriate committees of Congress a brief
report on the reported incident.
SEC. 406. ACCESS TO CERTAIN FACILITIES OF UNITED STATES
GOVERNMENT FOR ASSESSMENT OF ANOMALOUS HEALTH
CONDITIONS.
(a) Assessment.--The Director of National Intelligence
shall ensure that elements of the intelligence community
provide to employees of elements of the intelligence
community and their family members who are experiencing
symptoms of anomalous health conditions timely access for
medical assessment to facilities of the United States
Government with expertise in traumatic brain injury.
(b) Process for Assessment and Treatment.--The Director of
National Intelligence shall coordinate with the Secretary of
Defense and the heads of such Federal agencies as the
Director considers appropriate to ensure there is a process
to provide employees and their family members described in
subsection (a) with timely access to the National Intrepid
Center of Excellence, an Intrepid Spirit Center, or an
appropriate military medical treatment facility for
assessment and, if necessary, treatment, by not later than 60
days after the date of the enactment of this Act.
TITLE V--SECURITY CLEARANCES AND TRUSTED WORKFORCE
SEC. 501. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN
SECURITY CLEARANCE PROCEDURES, AND RIGHT TO
APPEAL.
(a) Exclusivity of Procedures.--Section 801 of the National
Security Act of 1947 (50 U.S.C. 3161) is amended by adding at
the end the following:
``(c) Exclusivity.--Except as provided in subsection (b)
and subject to sections 801A and 801B, the procedures
established pursuant to subsection (a) and promulgated and
set forth under part 2001 of title 32, Code of Federal
Regulations, or successor regulations, shall be the exclusive
procedures by which decisions about eligibility for access to
classified information are governed.''.
(b) Transparency.--Such section is further amended by
adding at the end the following:
``(d) Publication.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the President shall--
``(A) publish in the Federal Register the procedures
established pursuant to subsection (a); or
``(B) submit to Congress a certification that the
procedures currently in effect that govern access to
classified information as described in subsection (a)--
``(i) are published in the Federal Register; and
``(ii) comply with the requirements of subsection (a).
``(2) Updates.--Whenever the President makes a revision to
a procedure established pursuant to subsection (a), the
President shall publish such revision in the Federal Register
not later than 30 days before the date on which the revision
becomes effective.''.
(c) Consistency.--
(1) In general.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by inserting after
section 801 the following:
``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED
INFORMATION.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Classified information.--The term `classified
information' includes sensitive compartmented information,
restricted data, restricted handling information, and other
compartmented information.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(b) In General.--Each head of an agency that makes a
determination regarding eligibility for access to classified
information shall ensure that in making the determination,
the head of the agency or any person acting on behalf of the
head of the agency--
``(1) does not violate any right or protection enshrined in
the Constitution of the United States, including rights
articulated in the First, Fifth, and Fourteenth Amendments;
``(2) does not discriminate for or against an individual on
the basis of race, ethnicity, color, religion, sex, national
origin, age, or handicap;
``(3) is not carrying out--
``(A) retaliation for political activities or beliefs; or
``(B) a coercion or reprisal described in section
2302(b)(3) of title 5, United States Code; and
``(4) does not violate section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).''.
[[Page S7963]]
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002) is amended by inserting after the item
relating to section 801 the following:
``Sec. 801A. Decisions relating to access to classified information.''.
(d) Right to Appeal.--
(1) In general.--Such title, as amended by subsection (c),
is further amended by inserting after section 801A the
following:
``SEC. 801B. RIGHT TO APPEAL.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Covered person.--The term `covered person' means a
person, other than the President and Vice President,
currently or formerly employed in, detailed to, assigned to,
or issued an authorized conditional offer of employment for a
position that requires access to classified information by an
agency, including the following:
``(A) A member of the Armed Forces.
``(B) A civilian.
``(C) An expert or consultant with a contractual or
personnel obligation to an agency.
``(D) Any other category of person who acts for or on
behalf of an agency as determined by the head of the agency.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(4) Need for access.--The term `need for access' has such
meaning as the President may define in the procedures
established pursuant to section 801(a).
``(5) Reciprocity of clearance.--The term `reciprocity of
clearance', with respect to a denial by an agency, means that
the agency, with respect to a covered person--
``(A) failed to accept a security clearance background
investigation as required by paragraph (1) of section 3001(d)
of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(d));
``(B) failed to accept a transferred security clearance
background investigation required by paragraph (2) of such
section;
``(C) subjected the covered person to an additional
investigative or adjudicative requirement in violation of
paragraph (3) of such section; or
``(D) conducted an investigation in violation of paragraph
(4) of such section.
``(6) Security executive agent.--The term `Security
Executive Agent' means the officer serving as the Security
Executive Agent pursuant to section 803.
``(b) Agency Review.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2022, each head of an agency shall, consistent
with the interests of national security, establish and
publish in the Federal Register a process by which a covered
person to whom eligibility for access to classified
information was denied or revoked by the agency or for whom
reciprocity of clearance was denied by the agency can appeal
that denial or revocation within the agency.
``(2) Elements.--The process required by paragraph (1)
shall include the following:
``(A) In the case of a covered person to whom eligibility
for access to classified information or reciprocity of
clearance is denied or revoked by an agency, the following:
``(i) The head of the agency shall provide the covered
person with a written--
``(I) detailed explanation of the basis for the denial or
revocation as the head of the agency determines is consistent
with the interests of national security and as permitted by
other applicable provisions of law; and
``(II) notice of the right of the covered person to a
hearing and appeal under this subsection.
``(ii) Not later than 30 days after receiving a request
from the covered person for copies of the documents that
formed the basis of the agency's decision to revoke or deny,
including the investigative file, the head of the agency
shall provide to the covered person copies of such documents
as--
``(I) the head of the agency determines is consistent with
the interests of national security; and
``(II) permitted by other applicable provisions of law,
including--
``(aa) section 552 of title 5, United States Code (commonly
known as the `Freedom of Information Act');
``(bb) section 552a of such title (commonly known as the
`Privacy Act of 1974'); and
``(cc) such other provisions of law relating to the
protection of confidential sources and privacy of
individuals.
``(iii)(I) The covered person shall have the opportunity to
retain counsel or other representation at the covered
person's expense.
``(II) Upon the request of the covered person, and a
showing that the ability to review classified information is
essential to the resolution of an appeal under this
subsection, counsel or other representation retained under
this clause shall be considered for access to classified
information for the limited purposes of such appeal.
``(iv)(I) The head of the agency shall provide the covered
person an opportunity, at a point in the process determined
by the agency head--
``(aa) to appear personally before an adjudicative or other
authority, other than the investigating entity, and to
present to such authority relevant documents, materials, and
information, including evidence that past problems relating
to the denial or revocation have been overcome or
sufficiently mitigated; and
``(bb) to call and cross-examine witnesses before such
authority, unless the head of the agency determines that
calling and cross-examining witnesses is not consistent with
the interests of national security.
``(II) The head of the agency shall make, as part of the
security record of the covered person, a written summary,
transcript, or recording of any appearance under item (aa) of
subclause (I) or of any calling or cross-examining of
witnesses under item (bb) of such subclause.
``(v) On or before the date that is 30 days after the date
on which the covered person receives copies of documents
under clause (ii), the covered person may request a hearing
of the decision to deny or revoke by filing a written appeal
with the head of the agency.
``(B) A requirement that each review of a decision under
this subsection is completed on average not later than 180
days after the date on which a hearing is requested under
subparagraph (A)(v).
``(3) Agency review panels.--
``(A) In general.--Each head of an agency shall establish a
panel to hear and review appeals under this subsection.
``(B) Membership.--
``(i) Composition.--Each panel established by the head of
an agency under subparagraph (A) shall be composed of at
least 3 employees of the agency selected by the agency head,
two of whom shall not be members of the security field.
``(ii) Terms.--A term of service on a panel established by
the head of an agency under subparagraph (A) shall not exceed
2 years.
``(C) Decisions.--
``(i) Written.--Each decision of a panel established under
subparagraph (A) shall be in writing and contain a
justification of the decision.
``(ii) Consistency.--Each head of an agency that
establishes a panel under subparagraph (A) shall ensure that
each decision of the panel is consistent with the interests
of national security and applicable provisions of law.
``(iii) Overturn.--The head of an agency may overturn a
decision of the panel if, not later than 30 days after the
date on which the panel issues the decision, the agency head
personally exercises the authority granted by this clause to
overturn such decision.
``(iv) Finality.--Each decision of a panel established
under subparagraph (A) or overturned pursuant to clause (iii)
of this subparagraph shall be final but subject to appeal and
review under subsection (c).
``(D) Access to classified information.--The head of an
agency that establishes a panel under subparagraph (A) shall
afford access to classified information to the members of the
panel as the agency head determines--
``(i) necessary for the panel to hear and review an appeal
under this subsection; and
``(ii) consistent with the interests of national security.
``(4) Representation by counsel.--
``(A) In general.--Each head of an agency shall ensure
that, under this subsection, a covered person appealing a
decision of the head's agency under this subsection has an
opportunity to retain counsel or other representation at the
covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of a covered person
appealing a decision of an agency under this subsection and a
showing that the ability to review classified information is
essential to the resolution of the appeal under this
subsection, the head of the agency shall sponsor an
application by the counsel or other representation retained
under this paragraph for access to classified information for
the limited purposes of such appeal.
``(ii) Extent of access.--Counsel or another representative
who is cleared for access under this subparagraph may be
afforded access to relevant classified materials to the
extent consistent with the interests of national security.
``(5) Corrective action.--If, in the course of proceedings
under this subsection, the head of an agency or a panel
established by the agency head under paragraph (3) decides
that a covered person's eligibility for access to classified
information was improperly denied or revoked by the agency,
the agency shall take corrective action to return the covered
person, as nearly as practicable and reasonable, to the
position such covered person would have held had the improper
denial or revocation not occurred.
``(6) Publication of decisions.--
``(A) In general.--Each head of an agency shall publish
each final decision on an appeal under this subsection.
``(B) Requirements.--In order to ensure transparency,
oversight by Congress, and meaningful information for those
who need to understand how the clearance process works, each
publication under subparagraph (A) shall be--
``(i) made in a manner that is consistent with section 552
of title 5, United States Code, as amended by the Electronic
Freedom of Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of the case,
redacting personally identifiable information and sensitive
program information; and
[[Page S7964]]
``(iii) made available on a website that is searchable by
members of the public.
``(c) Higher Level Review.--
``(1) Panel.--
``(A) Establishment.--Not later than 180 days after the
date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2022, the Security Executive Agent shall
establish a panel to review decisions made on appeals
pursuant to the processes established under subsection (b).
``(B) Scope of review and jurisdiction.--After the initial
review to verify grounds for appeal, the panel established
under subparagraph (A) shall review such decisions only--
``(i) as they relate to violations of section 801A(b); or
``(ii) to the extent to which an agency properly conducted
a review of an appeal under subsection (b).
``(C) Composition.--The panel established pursuant to
subparagraph (A) shall be composed of three individuals
selected by the Security Executive Agent for purposes of the
panel, of whom at least one shall be an attorney.
``(2) Appeals and timeliness.--
``(A) Appeals.--
``(i) Initiation.--On or before the date that is 30 days
after the date on which a covered person receives a written
decision on an appeal under subsection (b), the covered
person may initiate oversight of that decision by filing a
written appeal with the Security Executive Agent.
``(ii) Filing.--A written appeal filed under clause (i)
relating to a decision of an agency shall be filed in such
form, in such manner, and containing such information as the
Security Executive Agent may require, including--
``(I) a description of--
``(aa) any alleged violations of section 801A(b) relating
to the denial or revocation of the covered person's
eligibility for access to classified information; and
``(bb) any allegations of how the decision may have been
the result of the agency failing to properly conduct a review
under subsection (b); and
``(II) supporting materials and information for the
allegations described under subclause (I).
``(B) Timeliness.--The Security Executive Agent shall
ensure that, on average, review of each appeal filed under
this subsection is completed not later than 180 days after
the date on which the appeal is filed.
``(3) Decisions and remands.--
``(A) In general.--If, in the course of reviewing under
this subsection a decision of an agency under subsection (b),
the panel established under paragraph (1) decides that there
is sufficient evidence of a violation of section 801A(b) to
merit a new hearing or decides that the decision of the
agency was the result of an improperly conducted review under
subsection (b), the panel shall vacate the decision made
under subsection (b) and remand to the agency by which the
covered person shall be eligible for a new appeal under
subsection (b).
``(B) Written decisions.--Each decision of the panel
established under paragraph (1) shall be in writing and
contain a justification of the decision.
``(C) Consistency.--The panel under paragraph (1) shall
ensure that each decision of the panel is consistent with the
interests of national security and applicable provisions of
law.
``(D) Finality.--
``(i) In general.--Except as provided in clause (ii), each
decision of the panel established under paragraph (1) shall
be final.
``(ii) Overturn.--The Security Executive Agent may overturn
a decision of the panel if, not later than 30 days after the
date on which the panel issues the decision, the Security
Executive Agent personally exercises the authority granted by
this clause to overturn such decision.
``(E) Nature of remands.--In remanding a decision under
subparagraph (A), the panel established under paragraph (1)
may not direct the outcome of any further appeal under
subsection (b).
``(F) Notice of decisions.--For each decision of the panel
established under paragraph (1) regarding a covered person,
the Security Executive Agent shall provide the covered person
with a written notice of the decision that includes a
detailed description of the reasons for the decision,
consistent with the interests of national security and
applicable provisions of law.
``(4) Representation by counsel.--
``(A) In general.--The Security Executive Agent shall
ensure that, under this subsection, a covered person
appealing a decision under subsection (b) has an opportunity
to retain counsel or other representation at the covered
person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of the covered person
and a showing that the ability to review classified
information is essential to the resolution of an appeal under
this subsection, the Security Executive Agent shall sponsor
an application by the counsel or other representation
retained under this paragraph for access to classified
information for the limited purposes of such appeal.
``(ii) Extent of access.--Counsel or another representative
who is cleared for access under this subparagraph may be
afforded access to relevant classified materials to the
extent consistent with the interests of national security.
``(5) Access to documents and employees.--
``(A) Affording access to members of panel.--The Security
Executive Agent shall afford access to classified information
to the members of the panel established under paragraph
(1)(A) as the Security Executive Agent determines--
``(i) necessary for the panel to review a decision
described in such paragraph; and
``(ii) consistent with the interests of national security.
``(B) Agency compliance with requests of panel.--Each head
of an agency shall comply with each request by the panel for
a document and each request by the panel for access to
employees of the agency necessary for the review of an appeal
under this subsection, to the degree that doing so is, as
determined by the head of the agency and permitted by
applicable provisions of law, consistent with the interests
of national security.
``(6) Publication of decisions.--
``(A) In general.--For each final decision on an appeal
under this subsection, the head of the agency with respect to
which the appeal pertains and the Security Executive Agent
shall each publish the decision, consistent with the
interests of national security.
``(B) Requirements.--In order to ensure transparency,
oversight by Congress, and meaningful information for those
who need to understand how the clearance process works, each
publication under subparagraph (A) shall be--
``(i) made in a manner that is consistent with section 552
of title 5, United States Code, as amended by the Electronic
Freedom of Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of the case,
redacting personally identifiable information and sensitive
program information; and
``(iii) made available on a website that is searchable by
members of the public.
``(d) Period of Time for the Right to Appeal.--
``(1) In general.--Except as provided in paragraph (2), any
covered person who has been the subject of a decision made by
the head of an agency to deny or revoke eligibility for
access to classified information shall retain all rights to
appeal under this section until the conclusion of the appeals
process under this section.
``(2) Waiver of rights.--
``(A) Persons.--Any covered person may voluntarily waive
the covered person's right to appeal under this section and
such waiver shall be conclusive.
``(B) Agencies.--The head of an agency may not require a
covered person to waive the covered person's right to appeal
under this section for any reason.
``(e) Waiver of Availability of Procedures for National
Security Interest.--
``(1) In general.--If the head of an agency determines that
a procedure established under subsection (b) cannot be made
available to a covered person in an exceptional case without
damaging a national security interest of the United States by
revealing classified information, such procedure shall not be
made available to such covered person.
``(2) Finality.--A determination under paragraph (1) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(3) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which the head of an
agency determines under paragraph (1) that a procedure
established under subsection (b) cannot be made available to
a covered person, the agency head shall, not later than 30
days after the date on which the agency head makes such
determination, submit to the Security Executive Agent and to
the congressional intelligence committees a report stating
the reasons for the determination.
``(ii) Form.--A report submitted under clause (i) may be
submitted in classified form as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than once each
fiscal year, the Security Executive Agent shall submit to the
congressional intelligence committees a report on the
determinations made under paragraph (1) during the previous
fiscal year.
``(ii) Contents.--Each report submitted under clause (i)
shall include, for the period covered by the report, the
following:
``(I) The number of cases and reasons for determinations
made under paragraph (1), disaggregated by agency.
``(II) Such other matters as the Security Executive Agent
considers appropriate.
``(f) Denials and Revocations Under Other Provisions of
Law.--
``(1) Rule of construction.--Nothing in this section shall
be construed to limit or affect the responsibility and power
of the head of an agency to deny or revoke eligibility for
access to classified information or to deny reciprocity of
clearance in the interest of national security.
``(2) Denials and revocation.--The power and responsibility
to deny or revoke eligibility for access to classified
information or to deny reciprocity of clearance pursuant to
any other provision of law or Executive order may be
exercised only when the head of an agency determines that an
applicable process established under this section cannot be
invoked in a manner that is consistent with national
security.
``(3) Finality.--A determination under paragraph (2) shall
be final and conclusive
[[Page S7965]]
and may not be reviewed by any other official or by any
court.
``(4) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which the head of an
agency determines under paragraph (2) that a determination
relating to a denial or revocation of eligibility for access
to classified information or denial of reciprocity of
clearance could not be made pursuant to a process established
under this section, the agency head shall, not later than 30
days after the date on which the agency head makes such a
determination under paragraph (2), submit to the Security
Executive Agent and to the congressional intelligence
committees a report stating the reasons for the
determination.
``(ii) Form.--A report submitted under clause (i) may be
submitted in classified form as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than once each
fiscal year, the Security Executive Agent shall submit to the
congressional intelligence committees a report on the
determinations made under paragraph (2) during the previous
fiscal year.
``(ii) Contents.--Each report submitted under clause (i)
shall include, for the period covered by the report, the
following:
``(I) The number of cases and reasons for determinations
made under paragraph (2), disaggregated by agency.
``(II) Such other matters as the Security Executive Agent
considers appropriate.
``(g) Relationship to Suitability.--No person may use a
determination of suitability under part 731 of title 5, Code
of Federal Regulations, or successor regulation, for the
purpose of denying a covered person the review proceedings of
this section where there has been a denial or revocation of
eligibility for access to classified information or a denial
of reciprocity of clearance.
``(h) Preservation of Roles and Responsibilities Under
Executive Order 10865 and of the Defense Office of Hearings
and Appeals.--Nothing in this section shall be construed to
diminish or otherwise affect the procedures in effect on the
day before the date of the enactment of this Act for denial
and revocation procedures provided to individuals by
Executive Order 10865 (50 U.S.C. 3161 note; relating to
safeguarding classified information within industry), or
successor order, including those administered through the
Defense Office of Hearings and Appeals of the Department of
Defense under Department of Defense Directive 5220.6, or
successor directive.
``(i) Rule of Construction Relating to Certain Other
Provisions of Law.--This section and the processes and
procedures established under this section shall not be
construed to apply to paragraphs (6) and (7) of section
3001(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002), as amended by subsection (c), is
further amended by inserting after the item relating to
section 801A the following:
``Sec. 801B. Right to appeal.''.
SEC. 502. FEDERAL POLICY ON SHARING OF DEROGATORY INFORMATION
PERTAINING TO CONTRACTOR EMPLOYEES IN THE
TRUSTED WORKFORCE.
(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Security Executive
Agent, in coordination with the principal members of the
Performance Accountability Council and the Attorney General,
shall issue a policy for the Federal Government on sharing of
derogatory information pertaining to contractor employees
engaged by the Federal Government.
(b) Consent Requirement.--
(1) In general.--The policy issued under subsection (a)
shall require, as a condition of accepting a security
clearance with the Federal Government, that a contractor
employee provide prior written consent for the Federal
Government to share covered derogatory information with the
chief security officer of the contractor employer that
employs the contractor employee.
(2) Covered derogatory information.--For purposes of this
section, covered derogatory information--
(A) is information that--
(i) contravenes National Security Adjudicative Guidelines
as specified in Security Executive Agent Directive 4
(appendix A to part 710 of title 10, Code of Federal
Regulations), or any successor Federal policy;
(ii) a Federal Government agency certifies is accurate and
reliable;
(iii) is relevant to a contractor's ability to protect
against insider threats as required by section 1-202 of the
National Industrial Security Program Operating Manual
(NISPOM), or successor manual; and
(iv) may have a bearing on the contractor employee's
suitability for a position of public trust or to receive
credentials to access certain facilities of the Federal
Government; and
(B) shall include any negative information considered in
the adjudicative process, including information provided by
the contractor employee on forms submitted for the processing
of the contractor employee's security clearance.
(c) Elements.--The policy issued under subsection (a)
shall--
(1) require Federal agencies, except under exceptional
circumstances specified by the Security Executive Agent, to
share with the contractor employer of a contractor employee
engaged with the Federal Government the existence of
potentially derogatory information and which National
Security Adjudicative Guideline it falls under, with the
exception that the Security Executive Agent may waive such
requirement in circumstances the Security Executive Agent
considers extraordinary;
(2) require that covered derogatory information shared with
a contractor employer as described in subsection (b)(1) be
used by the contractor employer exclusively for risk
mitigation purposes under section 1-202 of the National
Industrial Security Program Operating Manual, or successor
manual;
(3) require Federal agencies to share any mitigation
measures in place to address the derogatory information;
(4) establish standards for timeliness for sharing the
derogatory information;
(5) specify the methods by which covered derogatory
information will be shared with the contractor employer of
the contractor employee;
(6) allow the contractor employee, within a specified
timeframe, the right--
(A) to contest the accuracy and reliability of covered
derogatory information;
(B) to address or remedy any concerns raised by the covered
derogatory information; and
(C) to provide documentation pertinent to subparagraph (A)
or (B) for an agency to place in relevant security clearance
databases;
(7) establish a procedure by which the contractor employer
of the contractor employee may consult with the Federal
Government prior to taking any remedial action under section
1-202 of the National Industrial Security Program Operating
Manual, or successor manual, to address the derogatory
information the Federal agency has provided;
(8) stipulate that the chief security officer of the
contractor employer is prohibited from sharing or discussing
covered derogatory information with other parties, including
nonsecurity professionals at the contractor employer; and
(9) require companies in the National Industrial Security
Program to comply with the policy.
(d) Consideration of Lessons Learned From Information-
sharing Program for Positions of Trust and Security
Clearances.--In developing the policy issued under subsection
(a), the Director shall consider, to the extent available,
lessons learned from actions taken to carry out section
6611(f) of the National Defense Authorization Act for Fiscal
Year 2020 (50 U.S.C. 3352f(f)).
SEC. 503. PERFORMANCE MEASURES REGARDING TIMELINESS FOR
PERSONNEL MOBILITY.
(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall issue a policy for measuring the total
time it takes to transfer personnel with security clearances
and eligibility for access to information commonly referred
to as ``sensitive compartmented information'' (SCI) from one
Federal agency to another, or from one contract to another in
the case of a contractor.
(b) Requirements.--The policy issued under subsection (a)
shall--
(1) to the degree practicable, cover all personnel who are
moving to positions that require a security clearance and
access to sensitive compartmented information;
(2) cover the period from the first time a Federal agency
or company submits a request to a Federal agency for the
transfer of the employment of an individual with a clearance
access or eligibility determination to another Federal
agency, to the time the individual is authorized by that
receiving agency to start to work in the new position; and
(3) include analysis of all appropriate phases of the
process, including polygraph, suitability determination,
fitness determination, human resources review, transfer of
the sensitive compartmented information access, and contract
actions.
(c) Updated Policies.--
(1) Modifications.--Not later than 1 year after the date on
which the Director issues the policy under subsection (a),
the Director shall issue modifications to such policies as
the Director determines were issued before the issuance of
the policy under such subsection and are relevant to such
updated policy, as the Director considers appropriate.
(2) Recommendations.--Not later than 1 year after the date
on which the Director issues the policy under subsection (a),
the Director shall submit to Congress recommendations for
legislative action to update metrics specified elsewhere in
statute to measure parts of the process that support
transfers described in subsection (a).
(d) Annual Reports.--Not later than 180 days after issuing
the policy required by subsection (a) and not less frequently
than once each year thereafter until the date that is 3 years
after the date of such issuance, the Director shall submit to
Congress a report on the implementation of such policy. Such
report shall address performance by agency and by clearance
type in meeting such policy.
SEC. 504. GOVERNANCE OF TRUSTED WORKFORCE 2.0 INITIATIVE.
(a) Governance.--The Director of National Intelligence,
acting as the Security Executive Agent, and the Director of
the Office of Personnel Management, acting as the Suitability
and Credentialing Executive Agent, in coordination with the
Deputy Director for
[[Page S7966]]
Management in the Office of Management and Budget, acting as
the director of the Performance Accountability Council, and
the Under Secretary of Defense for Intelligence and Security
shall jointly--
(1) not later than 180 days after the date of the enactment
of this Act, publish in the Federal Register a policy with
guidelines and standards for Federal Government agencies and
industry partners to implement the Trusted Workforce 2.0
initiative;
(2) not later than 2 years after the date of the enactment
of this Act and not less frequently than once every 6 months
thereafter, submit to Congress a report on the timing,
delivery, and adoption of Federal Government agencies'
policies, products, and services to implement the Trusted
Workforce 2.0 initiative, including those associated with the
National Background Investigation Service; and
(3) not later than 90 days after the date of the enactment
of this Act, submit to Congress performance management
metrics for the implementation of the Trusted Workforce 2.0
initiative, including performance metrics regarding
timeliness, cost, and measures of effectiveness.
(b) Independent Study on Trusted Workforce 2.0.--
(1) Study required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall enter into an agreement with an entity
that is not part of the Federal Government to conduct a study
on the effectiveness of the initiatives of the Federal
Government known as Trusted Workforce 1.25, 1.5, and 2.0.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An assessment of how effective such initiatives are or
will be in determining who should or should not have access
to classified information.
(B) A comparison of the effectiveness of such initiatives
with the system of periodic reinvestigations that was in
effect on the day before the date of the enactment of this
Act.
(C) Identification of what is lost from the suspension of
universal periodic reinvestigations in favor of a system of
continuous vetting.
(D) An assessment of the relative effectiveness of Trusted
Workforce 1.25, Trusted Workforce 1.5, and Trusted Workforce
2.0.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit a report on
the findings from the study conducted under paragraph (1) to
the following:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(D) The Committee on Armed Services of the House of
Representatives.
(E) The Committee on Oversight and Reform of the House of
Representatives.
TITLE VI--OTHER INTELLIGENCE MATTERS
SEC. 601. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY AND
CIVIL LIBERTIES OVERSIGHT BOARD MEMBERSHIP.
Paragraph (4) of section 1061(h) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is
amended to read as follows:
``(4) Term.--
``(A) Commencement.--Each member of the Board shall serve a
term of 6 years, commencing on the date of the appointment of
the member to the Board.
``(B) Reappointment.--A member may be reappointed to one or
more additional terms.
``(C) Vacancy.--A vacancy in the Board shall be filled in
the manner in which the original appointment was made.
``(D) Extension.--Upon the expiration of the term of office
of a member, the member may continue to serve, at the
election of the member--
``(i) during the period preceding the reappointment of the
member pursuant to subparagraph (B); or
``(ii) until the member's successor has been appointed and
qualified.''.
SEC. 602. REPORTS ON INTELLIGENCE SUPPORT FOR AND CAPACITY OF
THE SERGEANTS AT ARMS OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES AND THE UNITED STATES
CAPITOL POLICE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Rules and Administration, the
Committee on the Judiciary, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Homeland Security, the Committee on
House Administration, the Committee on the Judiciary, and the
Committee on Appropriations of the House of Representatives.
(2) Sergeants at arms.--The term ``Sergeants at Arms''
means the Sergeant at Arms and Doorkeeper of the Senate and
the Chief Administrative Officer of the House of
Representatives.
(b) Report on Intelligence Support.--
(1) Report required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
Federal Bureau of Investigation and the Secretary of Homeland
Security, shall submit to the appropriate committees of
Congress a report on intelligence support provided to the
Sergeants at Arms and the United States Capitol Police.
(2) Elements.--The report required by paragraph (1) shall
include a description of the following:
(A) Policies related to the Sergeants at Arms and the
United States Capitol Police as customers of intelligence.
(B) How the intelligence community, the Federal Bureau of
Investigation, and the Department of Homeland Security,
including the Cybersecurity and Infrastructure Security
Agency, are structured, staffed, and resourced to provide
intelligence support to the Sergeants at Arms and the United
States Capitol Police.
(C) The classified electronic and telephony
interoperability of the intelligence community, the Federal
Bureau of Investigation, and the Department of Homeland
Security with the Sergeants at Arms and the United States
Capitol Police.
(D) Any expedited security clearances provided for the
Sergeants at Arms and the United States Capitol Police.
(E) Counterterrorism intelligence and other intelligence
relevant to the physical security of Congress that are
provided to the Sergeants at Arms and the United States
Capitol Police, including--
(i) strategic analysis and real-time warning; and
(ii) access to classified systems for transmitting and
posting intelligence.
(F) Cyber intelligence relevant to the protection of cyber
networks of Congress and the personal devices and accounts of
Members and employees of Congress, including--
(i) strategic and real-time warnings, such as malware
signatures and other indications of attack; and
(ii) access to classified systems for transmitting and
posting intelligence.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Government Accountability Office Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the appropriate committees
of Congress a report on the capacity of the Sergeants at Arms
and the United States Capitol Police to access and use
intelligence and threat information relevant to the physical
and cyber security of Congress.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the extent to which the Sergeants at
Arms and the United States Capitol Police have the resources,
including facilities, cleared personnel, and necessary
training, and authorities to adequately access, analyze,
manage, and use intelligence and threat information necessary
to defend the physical and cyber security of Congress.
(B) The extent to which the Sergeants at Arms and the
United States Capitol Police communicate and coordinate
threat data with each other and with other local law
enforcement entities.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 603. STUDY ON VULNERABILITY OF GLOBAL POSITIONING SYSTEM
TO HOSTILE ACTIONS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Science, Space, and Technology, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
(b) Study Required.--The Director of National Intelligence
shall, in consultation with the Secretary of Defense, the
Secretary of Commerce, and the Secretary of Transportation,
conduct a study on the vulnerability of the Global
Positioning System (GPS) to hostile actions, as well as any
actions being undertaken by the intelligence community, the
Department of Defense, the Department of Commerce, the
Department of Transportation, and any other elements of the
Federal Government to mitigate any risks stemming from the
potential unavailability of the Global Positioning System.
(c) Elements.--The study conducted under subsection (b)
shall include net assessments and baseline studies of the
following:
(1) The vulnerability of the Global Positioning System to
hostile actions.
(2) The potential negative effects of a prolonged Global
Positioning System outage, including with respect to the
entire society, to the economy of the United States, and to
the capabilities of the Armed Forces.
(3) Alternative systems that could back up or replace the
Global Positioning System, especially for the purpose of
providing positioning, navigation, and timing, to United
States civil, commercial, and government users.
(4) Any actions being planned or undertaken by the
intelligence community, the
[[Page S7967]]
Department of Defense, the Department of Commerce, the
Department of Transportation, and other elements of the
Federal Government to mitigate any risks to the entire
society, to the economy of the United States, and to the
capabilities of the Armed Forces, stemming from a potential
unavailability of the Global Positioning System.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the appropriate committees of Congress a
report in writing and provide such committees a briefing on
the findings of the Director with respect to the study
conducted under subsection (b).
SEC. 604. AUTHORITY FOR TRANSPORTATION OF FEDERALLY OWNED
CANINES ASSOCIATED WITH FORCE PROTECTION DUTIES
OF INTELLIGENCE COMMUNITY.
Section 1344(a)(2)(B) of title 31, United States Code, is
amended by inserting ``, or transportation of federally owned
canines associated with force protection duties of any part
of the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003))'' after
``duties''.
______
SA 4462. Mr. PETERS (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT ACT OF 2021
SEC. 5101. SHORT TITLE.
This division may be cited as the ``Inspector General
Independence and Empowerment Act of 2021''.
TITLE LI--INSPECTOR GENERAL INDEPENDENCE
SEC. 5111. SHORT TITLE.
This title may be cited as the ``Securing Inspector General
Independence Act of 2021''.
SEC. 5112. REMOVAL OR TRANSFER OF INSPECTORS GENERAL;
PLACEMENT ON NON-DUTY STATUS.
(a) In General.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in section 3(b)--
(A) by inserting ``(1)(A)'' after ``(b)'';
(B) in paragraph (1), as so designated--
(i) in subparagraph (A), as so designated, in the second
sentence--
(I) by striking ``reasons'' and inserting the following:
``substantive rationale, including detailed and case-specific
reasons,''; and
(II) by inserting ``(including to the appropriate
congressional committees)'' after ``Houses of Congress''; and
(ii) by adding at the end the following:
``(B) If there is an open or completed inquiry into an
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or that
conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.''; and
(C) by adding at the end the following:
``(2)(A) Subject to the other provisions of this paragraph,
only the President may place an Inspector General on non-duty
status.
``(B) If the President places an Inspector General on non-
duty status, the President shall communicate in writing the
substantive rationale, including detailed and case-specific
reasons, for the change in status to both Houses of Congress
(including to the appropriate congressional committees) not
later than 15 days before the date on which the change in
status takes effect, except that the President may submit
that communication not later than the date on which the
change in status takes effect if--
``(i) the President has made a determination that the
continued presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through (iv)
of section 6329b(b)(2)(A) of title 5, United States Code; and
``(ii) in the communication, the President includes a
report on the determination described in clause (i), which
shall include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the President
has determined applies under clause (i) of this subparagraph;
``(II) the substantive rationale, including detailed and
case-specific reasons, for the determination made under
clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which the
determination under clause (i) was made; and
``(IV) in the case of an inquiry described in subclause
(III) that is completed, the findings made during that
inquiry.
``(C) The President may not place an Inspector General on
non-duty status during the 30-day period preceding the date
on which the Inspector General is removed or transferred
under paragraph (1)(A) unless the President--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in
status takes effect, submits to both Houses of Congress
(including to the appropriate congressional committees) a
written communication that contains the information required
under subparagraph (B), including the report required under
clause (ii) of that subparagraph.
``(D) For the purposes of this paragraph--
``(i) the term `Inspector General'--
``(I) means an Inspector General who was appointed by the
President, without regard to whether the Senate provided
advice and consent with respect to that appointment; and
``(II) includes the Inspector General of an establishment,
the Inspector General of the Intelligence Community, the
Inspector General of the Central Intelligence Agency, the
Special Inspector General for Afghanistan Reconstruction, the
Special Inspector General for the Troubled Asset Relief
Program, and the Special Inspector General for Pandemic
Recovery; and
``(ii) a reference to the removal or transfer of an
Inspector General under paragraph (1), or to the written
communication described in that paragraph, shall be
considered to be--
``(I) in the case of the Inspector General of the
Intelligence Community, a reference to section 103H(c)(4) of
the National Security Act of 1947 (50 U.S.C. 3033(c)(4));
``(II) in the case of the Inspector General of the Central
Intelligence Agency, a reference to section 17(b)(6) of the
Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(b)(6));
``(III) in the case of the Special Inspector General for
Afghanistan Reconstruction, a reference to section 1229(c)(6)
of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 378);
``(IV) in the case of the Special Inspector General for the
Troubled Asset Relief Program, a reference to section
121(b)(4) of the Emergency Economic Stabilization Act of 2008
(12 U.S.C. 5231(b)(4)); and
``(V) in the case of the Special Inspector General for
Pandemic Recovery, a reference to section 4018(b)(3) of the
CARES Act (15 U.S.C. 9053(b)(3)).''; and
(2) in section 8G(e)--
(A) in paragraph (1), by inserting ``or placement on non-
duty status'' after ``a removal'';
(B) in paragraph (2)--
(i) by inserting ``(A)'' after ``(2)'';
(ii) in subparagraph (A), as so designated, in the first
sentence--
(I) by striking ``reasons'' and inserting the following:
``substantive rationale, including detailed and case-specific
reasons,''; and
(II) by inserting ``(including to the appropriate
congressional committees)'' after ``Houses of Congress''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into an
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or that
conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.''; and
(C) by adding at the end the following:
``(3)(A) Subject to the other provisions of this paragraph,
only the head of the applicable designated Federal entity
(referred to in this paragraph as the `covered official') may
place an Inspector General on non-duty status.
``(B) If a covered official places an Inspector General on
non-duty status, the covered official shall communicate in
writing the substantive rationale, including detailed and
case-specific reasons, for the change in status to both
Houses of Congress (including to the appropriate
congressional committees) not later than 15 days before the
date on which the change in status takes effect, except that
the covered official may submit that communication not later
than the date on which the change in status takes effect if--
``(i) the covered official has made a determination that
the continued presence of the Inspector General in the
workplace poses a threat described in any of clauses (i)
through (iv) of section 6329b(b)(2)(A) of title 5, United
States Code; and
``(ii) in the communication, the covered official includes
a report on the determination described in clause (i), which
shall include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the covered
official has determined applies under clause (i) of this
subparagraph;
``(II) the substantive rationale, including detailed and
case-specific reasons, for the determination made under
clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which the
determination under clause (i) was made; and
``(IV) in the case of an inquiry described in subclause
(III) that is completed, the findings made during that
inquiry.
``(C) A covered official may not place an Inspector General
on non-duty status during the 30-day period preceding the
date on which the Inspector General is removed or transferred
under paragraph (2)(A) unless the covered official--
``(i) has made a determination that the continued presence
of the Inspector General
[[Page S7968]]
in the workplace poses a threat described in any of clauses
(i) through (iv) of section 6329b(b)(2)(A) of title 5, United
States Code; and
``(ii) not later than the date on which the change in
status takes effect, submits to both Houses of Congress
(including to the appropriate congressional committees) a
written communication that contains the information required
under subparagraph (B), including the report required under
clause (ii) of that subparagraph.
``(D) Nothing in this paragraph may be construed to limit
or otherwise modify--
``(i) any statutory protection that is afforded to an
Inspector General; or
``(ii) any other action that a covered official may take
under law with respect to an Inspector General.''.
(b) Technical and Conforming Amendment.--Section 12(3) of
the Inspector General Act of 1978 (5 U.S.C. App.) is amended
by inserting ``except as otherwise expressly provided,''
before ``the term''.
SEC. 5113. VACANCY IN POSITION OF INSPECTOR GENERAL.
(a) In General.--Section 3 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by adding at the end the
following:
``(h)(1) In this subsection--
``(A) the term `first assistant to the position of
Inspector General' means, with respect to an Office of
Inspector General--
``(i) an individual who, as of the day before the date on
which the Inspector General dies, resigns, or otherwise
becomes unable to perform the functions and duties of that
position--
``(I) is serving in a position in that Office; and
``(II) has been designated in writing by the Inspector
General, through an order of succession or otherwise, as the
first assistant to the position of Inspector General; or
``(ii) if the Inspector General has not made a designation
described in clause (i)(II)--
``(I) the Principal Deputy Inspector General of that
Office, as of the day before the date on which the Inspector
General dies, resigns, or otherwise becomes unable to perform
the functions and duties of that position; or
``(II) if there is no Principal Deputy Inspector General of
that Office, the Deputy Inspector General of that Office, as
of the day before the date on which the Inspector General
dies, resigns, or otherwise becomes unable to perform the
functions and duties of that position; and
``(B) the term `Inspector General'--
``(i) means an Inspector General who is appointed by the
President, by and with the advice and consent of the Senate;
and
``(ii) includes the Inspector General of an establishment,
the Inspector General of the Intelligence Community, the
Inspector General of the Central Intelligence Agency, the
Special Inspector General for the Troubled Asset Relief
Program, and the Special Inspector General for Pandemic
Recovery.
``(2) If an Inspector General dies, resigns, or is
otherwise unable to perform the functions and duties of the
position--
``(A) section 3345(a) of title 5, United States Code, and
section 103(e) of the National Security Act of 1947 (50
U.S.C. 3025(e)) shall not apply;
``(B) subject to paragraph (4), the first assistant to the
position of Inspector General shall perform the functions and
duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of section 3346 of
title 5, United States Code; and
``(C) notwithstanding subparagraph (B), and subject to
paragraphs (4) and (5), the President (and only the
President) may direct an officer or employee of any Office of
an Inspector General to perform the functions and duties of
the Inspector General temporarily in an acting capacity
subject to the time limitations of section 3346 of title 5,
United States Code, only if--
``(i) during the 365-day period preceding the date of
death, resignation, or beginning of inability to serve of the
Inspector General, the officer or employee served in a
position in an Office of an Inspector General for not less
than 90 days, except that--
``(I) the requirement under this clause shall not apply if
the officer is an Inspector General; and
``(II) for the purposes of this subparagraph, performing
the functions and duties of an Inspector General temporarily
in an acting capacity does not qualify as service in a
position in an Office of an Inspector General;
``(ii) the rate of pay for the position of the officer or
employee described in clause (i) is equal to or greater than
the minimum rate of pay payable for a position at GS-15 of
the General Schedule;
``(iii) the officer or employee has demonstrated ability in
accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations; and
``(iv) not later than 30 days before the date on which the
direction takes effect, the President communicates in writing
to both Houses of Congress (including to the appropriate
congressional committees) the substantive rationale,
including the detailed and case-specific reasons, for such
direction, including the reason for the direction that
someone other than the individual who is performing the
functions and duties of the Inspector General temporarily in
an acting capacity (as of the date on which the President
issues that direction) perform those functions and duties
temporarily in an acting capacity.
``(3) Notwithstanding section 3345(a) of title 5, United
States Code, section 103(e) of the National Security Act of
1947 (50 U.S.C. 3025(e)), and subparagraphs (B) and (C) of
paragraph (2), and subject to paragraph (4), during any
period in which an Inspector General is on non-duty status--
``(A) the first assistant to the position of Inspector
General shall perform the functions and duties of the
position temporarily in an acting capacity subject to the
time limitations of section 3346 of title 5, United States
Code; and
``(B) if the first assistant described in subparagraph (A)
dies, resigns, or becomes otherwise unable to perform those
functions and duties, the President (and only the President)
may direct an officer or employee in that Office of Inspector
General to perform those functions and duties temporarily in
an acting capacity, subject to the time limitations of
section 3346 of title 5, United States Code, if--
``(i) that direction satisfies the requirements under
clauses (ii), (iii), and (iv) of paragraph (2)(C); and
``(ii) that officer or employee served in a position in
that Office of Inspector General for not fewer than 90 of the
365 days preceding the date on which the President makes that
direction.
``(4) An individual may perform the functions and duties of
an Inspector General temporarily and in an acting capacity
under subparagraph (B) or (C) of paragraph (2), or under
paragraph (3), with respect to only 1 Inspector General
position at any given time.
``(5) If the President makes a direction under paragraph
(2)(C), during the 30-day period preceding the date on which
the direction of the President takes effect, the functions
and duties of the position of the applicable Inspector
General shall be performed by--
``(A) the first assistant to the position of Inspector
General; or
``(B) the individual performing those functions and duties
temporarily in an acting capacity, as of the date on which
the President issues that direction, if that individual is an
individual other than the first assistant to the position of
Inspector General.''.
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a) may be construed to limit the applicability of
sections 3345 through 3349d of title 5, United States Code
(commonly known as the ``Federal Vacancies Reform Act of
1998''), other than with respect to section 3345(a) of that
title.
(c) Effective Date.--
(1) Definition.--In this subsection, the term ``Inspector
General'' has the meaning given the term in subsection
(h)(1)(B) of section 3 of the Inspector General Act of 1978
(5 U.S.C. App.), as added by subsection (a) of this section.
(2) Applicability.--
(A) In general.--Except as provided in subparagraph (B),
this section, and the amendments made by this section, shall
take effect on the date of enactment of this Act.
(B) Existing vacancies.--If, as of the date of enactment of
this Act, an individual is performing the functions and
duties of an Inspector General temporarily in an acting
capacity, this section, and the amendments made by this
section, shall take effect with respect to that Inspector
General position on the date that is 30 days after the date
of enactment of this Act.
SEC. 5114. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER
COMPLAINTS.
(a) Whistleblower Protection Coordinator.--Section
3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by inserting ``, including employees of that Office of
Inspector General'' after ``employees''; and
(2) in clause (iii), by inserting ``(including the
Integrity Committee of that Council)'' after ``and
Efficiency''.
(b) Council of the Inspectors General on Integrity and
Efficiency.--Section 11(c)(5)(B) of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended by striking ``,
allegations of reprisal,'' and inserting the following: ``and
allegations of reprisal (including the timely and appropriate
handling and consideration of protected disclosures and
allegations of reprisal that are internal to an Office of
Inspector General)''.
TITLE LII--PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR
GENERAL
SEC. 5121. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN
INSPECTOR GENERAL.
(a) In General.--Subchapter III of chapter 33 of title 5,
United States Code, is amended by inserting after section
3349d the following:
``Sec. 3349e. Presidential explanation of failure to nominate
an inspector general
``If the President fails to make a formal nomination for a
vacant inspector general position that requires a formal
nomination by the President to be filled within the period
beginning on the later of the date on which the vacancy
occurred or on which a nomination is rejected, withdrawn, or
returned, and ending on the day that is 210 days after that
date, the President shall communicate, within 30 days after
the end of such period and not later than June 1 of each year
thereafter, to the appropriate congressional committees, as
defined in section 12 of the Inspector General Act of 1978 (5
U.S.C. App.)--
[[Page S7969]]
``(1) the reasons why the President has not yet made a
formal nomination; and
``(2) a target date for making a formal nomination.''.
(b) Technical and Conforming Amendment.--The table of
sections for subchapter III of chapter 33 of title 5, United
States Code, is amended by inserting after the item relating
to section 3349d the following:
``3349e. Presidential explanation of failure to nominate an Inspector
General.''.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect--
(1) on the date of enactment of this Act with respect to
any vacancy first occurring on or after that date; and
(2) on the day that is 210 days after the date of enactment
of this Act with respect to any vacancy that occurred before
the date of enactment of this Act.
TITLE LIII--INTEGRITY COMMITTEE OF THE COUNCIL OF INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY TRANSPARENCY
SEC. 5131. SHORT TITLE.
This title may be cited as the ``Integrity Committee
Transparency Act of 2021''.
SEC. 5132. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS
AND REPORTS TO CONGRESS.
Section 11(d) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in paragraph (5)(B)(ii), by striking the period at the
end and inserting ``, the length of time the Integrity
Committee has been evaluating the allegation of wrongdoing,
and a description of any previous written notice provided
under this clause with respect to the allegation of
wrongdoing, including the description provided for why
additional time was needed.''; and
(2) in paragraph (8)(A)(ii), by inserting ``or corrective
action'' after ``disciplinary action''.
SEC. 5133. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN
ALLEGATIONS OF WRONGDOING CLOSED WITHOUT
REFERRAL.
Section 11(d)(5)(B) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(iii) Availability of information to congress on certain
allegations of wrongdoing closed without referral.--
``(I) In general.--With respect to an allegation of
wrongdoing made by a member of Congress that is closed by the
Integrity Committee without referral to the Chairperson of
the Integrity Committee to initiate an investigation, the
Chairperson of the Integrity Committee shall, not later than
60 days after closing the allegation of wrongdoing, provide a
written description of the nature of the allegation of
wrongdoing and how the Integrity Committee evaluated the
allegation of wrongdoing to--
``(aa) the Chair and Ranking Minority Member of the
Committee on Homeland Security and Governmental Affairs of
the Senate; and
``(bb) the Chair and Ranking Minority Member of the
Committee on Oversight and Reform of the House of
Representatives.
``(II) Requirement to forward.--The Chairperson of the
Integrity Committee shall forward any written description or
update provided under this clause to the members of the
Integrity Committee and to the Chairperson of the Council.''.
SEC. 5134. SEMIANNUAL REPORT.
Section 11(d)(9) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended to read as follows:
``(9) Semiannual report.--On or before May 31, 2022, and
every 6 months thereafter, the Council shall submit to
Congress and the President a report on the activities of the
Integrity Committee during the immediately preceding 6-month
periods ending March 31 and September 30, which shall include
the following with respect to allegations of wrongdoing that
are made against Inspectors General and staff members of the
various Offices of Inspector General described in paragraph
(4)(C):
``(A) An overview and analysis of the allegations of
wrongdoing disposed of by the Integrity Committee,
including--
``(i) analysis of the positions held by individuals against
whom allegations were made, including the duties affiliated
with such positions;
``(ii) analysis of the categories or types of the
allegations of wrongdoing; and
``(iii) a summary of disposition of all the allegations.
``(B) The number of allegations received by the Integrity
Committee.
``(C) The number of allegations referred to the Department
of Justice or the Office of Special Counsel, including the
number of allegations referred for criminal investigation.
``(D) The number of allegations referred to the Chairperson
of the Integrity Committee for investigation, a general
description of the status of such investigations, and a
summary of the findings of investigations completed.
``(E) An overview and analysis of allegations of wrongdoing
received by the Integrity Committee during any previous
reporting period, but remained pending during some part of
the six months covered by the report, including--
``(i) analysis of the positions held by individuals against
whom allegations were made, including the duties affiliated
with such positions;
``(ii) analysis of the categories or types of the
allegations of wrongdoing; and
``(iii) a summary of disposition of all the allegations.
``(F) The number and category or type of pending
investigations.
``(G) For each allegation received--
``(i) the date on which the investigation was opened;
``(ii) the date on which the allegation was disposed of, as
applicable; and
``(iii) the case number associated with the allegation.
``(H) The nature and number of allegations to the Integrity
Committee closed without referral, including the
justification for why each allegation was closed without
referral.
``(I) A brief description of any difficulty encountered by
the Integrity Committee when receiving, evaluating,
investigating, or referring for investigation an allegation
received by the Integrity Committee, including a brief
description of--
``(i) any attempt to prevent or hinder an investigation; or
``(ii) concerns about the integrity or operations at an
Office of Inspector General.
``(J) Other matters that the Council considers
appropriate.''.
SEC. 5135. ADDITIONAL REPORTS.
Section 5 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Additional Reports.--
``(1) Report to inspector general.--The Chairperson of the
Integrity Committee of the Council of the Inspectors General
on Integrity and Efficiency shall, immediately whenever the
Chairperson of the Integrity Committee becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to the administration of programs and
operations of an Office of Inspector General for which the
Integrity Committee may receive, review, and refer for
investigation allegations of wrongdoing under section 11(d),
submit a report to the Inspector General who leads the Office
at which the serious or flagrant problems, abuses, or
deficiencies were alleged.
``(2) Report to president, congress, and the
establishment.--Not later than 7 days after the date on which
an Inspector General receives a report submitted under
paragraph (1), the Inspector General shall submit to the
President, the appropriate congressional committees, and the
head of the establishment--
``(A) the report received under paragraph (1); and
``(B) a report by the Inspector General containing any
comments the Inspector General determines appropriate.''.
SEC. 5136. REQUIREMENT TO REPORT FINAL DISPOSITION TO
CONGRESS.
Section 11(d)(8)(B) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting ``and the appropriate
congressional committees'' after ``Integrity Committee''.
SEC. 5137. INVESTIGATIONS OF OFFICES OF INSPECTORS GENERAL OF
ESTABLISHMENTS BY THE INTEGRITY COMMITTEE.
Section 11(d)(7)(B)(i)(V) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by inserting ``, and that an
investigation of an Office of Inspector General of an
establishment is conducted by another Office of Inspector
General of an establishment'' after ``size''.
TITLE LIV--TESTIMONIAL SUBPOENA AUTHORITY FOR INSPECTORS GENERAL
SEC. 5141. SHORT TITLE.
This title may be cited as the ``IG Testimonial Subpoena
Authority Act''.
SEC. 5142. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS
GENERAL.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) by inserting after section 6 the following:
``SEC. 6A. ADDITIONAL AUTHORITY.
``(a) Definitions.--In this section--
``(1) the term `Chairperson' means the Chairperson of the
Council of the Inspectors General on Integrity and
Efficiency;
``(2) the term `Inspector General'--
``(A) means an Inspector General of an establishment or a
designated Federal entity (as defined in section 8G(a)); and
``(B) includes--
``(i) the Inspector General of the Central Intelligence
Agency established under section 17 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3517);
``(ii) the Inspector General of the Intelligence Community
established under section 103H of the National Security Act
of 1947 (50 U.S.C. 3033);
``(iii) the Special Inspector General for Afghanistan
Reconstruction established under section 1229 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 379);
``(iv) the Special Inspector General for the Troubled Asset
Relief Plan established under section 121 of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5231); and
``(v) the Special Inspector General for Pandemic Recovery
established under section 4018 of the CARES Act (15 U.S.C.
9053); and
``(3) the term `Subpoena Panel' means the panel to which
requests for approval to issue a subpoena are submitted under
subsection (e).
``(b) Testimonial Subpoena Authority.--
``(1) In general.--In addition to the authority otherwise
provided by this Act and in accordance with the requirements
of this
[[Page S7970]]
section, each Inspector General, in carrying out the
provisions of this Act or the provisions of the authorizing
statute of the Inspector General, as applicable, is
authorized to require by subpoena the attendance and
testimony of witnesses as necessary in the performance of an
audit, inspection, evaluation, or investigation, which
subpoena, in the case of contumacy or refusal to obey, shall
be enforceable by order of any appropriate United States
district court.
``(2) Prohibition.--An Inspector General may not require by
subpoena the attendance and testimony of a Federal employee
or employee of a designated Federal entity, but may use other
authorized procedures.
``(3) Determination by inspector general.--The
determination of whether a matter constitutes an audit,
inspection, evaluation, or investigation shall be at the
discretion of the applicable Inspector General.
``(c) Limitation on Delegation.--The authority to issue a
subpoena under subsection (b) may only be delegated to an
official performing the functions and duties of an Inspector
General when the Inspector General position is vacant or when
the Inspector General is unable to perform the functions and
duties of the Office of the Inspector General.
``(d) Notice to Attorney General.--
``(1) In general.--Not less than 10 days before submitting
a request for approval to issue a subpoena to the Subpoena
Panel under subsection (e), an Inspector General shall--
``(A) notify the Attorney General of the plan of the
Inspector General to issue the subpoena; and
``(B) take into consideration any information provided by
the Attorney General relating to the subpoena.
``(2) Rule of construction.--Nothing in this subsection may
be construed to prevent an Inspector General from submitting
to the Subpoena Panel under subsection (e) a request for
approval to issue a subpoena if 10 or more days have elapsed
since the date on which the Inspector General submits to the
Attorney General the notification required under paragraph
(1)(A) with respect to that subpoena.
``(e) Panel Review Before Issuance.--
``(1) Approval required.--
``(A) Request for approval by subpoena panel.--Before the
issuance of a subpoena described in subsection (b), an
Inspector General shall submit to a panel a request for
approval to issue the subpoena, which shall include a
determination by the Inspector General that--
``(i) the testimony is likely to be reasonably relevant to
the audit, inspection, evaluation, or investigation for which
the subpoena is sought; and
``(ii) the information to be sought cannot be reasonably
obtained through other means.
``(B) Composition of subpoena panel.--
``(i) In general.--Subject to clauses (ii) and (iii), a
Subpoena Panel shall be comprised of 3 inspectors general
appointed by the President and confirmed by the Senate, who
shall be randomly drawn by the Chairperson or a designee of
the Chairperson from a pool of all such inspectors general.
``(ii) Classified information.--If consideration of a
request for a subpoena submitted under subparagraph (A) would
require access to classified information, the Chairperson or
a designee of the Chairperson may limit the pool of
inspectors general described in clause (i) to appropriately
cleared inspectors general.
``(iii) Confirmation of availability.--If an inspector
general drawn from the pool described in clause (i) does not
confirm their availability to serve on the Subpoena Panel
within 24 hours of receiving a notification from the
Chairperson or a designee of the Chairperson regarding
selection for the Subpoena Panel, the Chairperson or a
designee of the Chairperson may randomly draw a new inspector
general from the pool to serve on the Subpoena Panel.
``(C) Contents of request.--The request described in
subparagraph (A) shall include any information provided by
the Attorney General related to the subpoena, which the
Attorney General requests that the Subpoena Panel consider.
``(D) Protection from disclosure.--
``(i) In general.--The information contained in a request
submitted by an Inspector General under subparagraph (A) and
the identification of a witness shall be protected from
disclosure to the extent permitted by law.
``(ii) Request for disclosure.--Any request for disclosure
of the information described in clause (i) shall be submitted
to the Inspector General requesting the subpoena.
``(2) Time to respond.--
``(A) In general.--Except as provided in subparagraph (B),
the Subpoena Panel shall approve or deny a request for
approval to issue a subpoena submitted under paragraph (1)
not later than 10 days after the submission of the request.
``(B) Additional information for panel.--If the Subpoena
Panel determines that additional information is necessary to
approve or deny a request for approval to issue a subpoena
submitted by an Inspector General under paragraph (1), the
Subpoena Panel shall--
``(i) request that information; and
``(ii) approve or deny the request for approval submitted
by the Inspector General not later than 20 days after the
Subpoena Panel submits the request for information under
clause (i).
``(3) Approval by panel.--If all members of the Subpoena
Panel unanimously approve a request for approval to issue a
subpoena submitted by an Inspector General under paragraph
(1), the Inspector General may issue the subpoena.
``(4) Notice to council and attorney general.--Upon
issuance of a subpoena by an Inspector General under
subsection (b), the Inspector General shall provide
contemporaneous notice of such issuance to the Chairperson or
a designee of the Chairperson and to the Attorney General.
``(f) Semiannual Reporting.--On or before May 31, 2022, and
every 6 months thereafter, the Council of the Inspectors
General on Integrity and Efficiency shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate, the Committee on Oversight and Reform of the
House of Representatives, and the Comptroller General of the
United States a report on the use of subpoenas described in
subsection (b) in any audit, inspection, evaluation, or
investigation that concluded during the immediately preceding
6-month periods ending March 31 and September 30, which shall
include--
``(1) a list of each Inspector General that has submitted a
request for approval of a subpoena to the Subpoena Panel;
``(2) for each applicable Inspector General, the number of
subpoenas submitted to the Subpoena Panel, approved by the
Subpoena Panel, and disapproved by the Subpoena Panel;
``(3) for each subpoena submitted to the Subpoena Panel for
approval--
``(A) an anonymized description of the individual or
organization to whom the subpoena was directed;
``(B) the date on which the subpoena request was sent to
the Attorney General, the date on which the Attorney General
responded, and whether the Attorney General provided
information regarding the subpoena request, including whether
the Attorney General opposed issuance of the proposed
subpoena;
``(C) the members of the Subpoena Panel considering the
subpoena;
``(D) the date on which the subpoena request was sent to
the Subpoena Panel, the date on which the Subpoena Panel
approved or disapproved the subpoena request, and the
decision of the Subpoena Panel; and
``(E) the date on which the subpoena was issued, if
approved; and
``(4) any other information the Council of the Inspectors
General on Integrity and Efficiency considers appropriate to
include.
``(g) Training and Standards.--The Council of the
Inspectors General on Integrity and Efficiency, in
consultation with the Attorney General, shall promulgate
standards and provide training relating to the issuance of
subpoenas, conflicts of interest, and any other matter the
Council determines necessary to carry out this section.
``(h) Applicability.--The provisions of this section shall
not affect the exercise of authority by an Inspector General
of testimonial subpoena authority established under another
provision of law.
``(i) Termination.--The authorities provided under
subsection (b) shall terminate on January 1, 2027, provided
that this subsection shall not affect the enforceability of a
subpoena issued on or before December 31, 2026.'';
(2) in section 5(a), as amended by section 903 of this
Act--
(A) in paragraph (16)(B), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(B) by adding at the end the following:
``(17) a description of the use of subpoenas for the
attendance and testimony of certain witnesses authorized
under section 6A.''; and
(3) in section 8G(g)(1), by inserting ``6A,'' before ``and
7''.
SEC. 5143. REVIEW BY THE COMPTROLLER GENERAL.
Not later than January 1, 2026, the Comptroller General of
the United States shall submit to the appropriate
congressional committees a report reviewing the use of
testimonial subpoena authority, which shall include--
(1) a summary of the information included in the semiannual
reports to Congress under section 6A(f) of the Inspector
General Act of 1978 (5 U.S.C. App.), as added by this title,
including an analysis of any patterns and trends identified
in the use of the authority during the reporting period;
(2) a review of subpoenas issued by inspectors general on
and after the date of enactment of this Act to evaluate
compliance with this Act by the respective inspector general,
the Subpoena Panel, and the Council of the Inspectors General
on Integrity and Efficiency; and
(3) any additional analysis, evaluation, or recommendation
based on observations or information gathered by the
Comptroller General of the United States during the course of
the review.
TITLE LV--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL
SEC. 5151. SHORT TITLE.
This title may be cited as the ``Inspector General Access
Act of 2021''.
SEC. 5152. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.
Section 8E of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and paragraph (3)'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
[[Page S7971]]
(D) in paragraph (4), as redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (3)''; and
(2) in subsection (d), by striking ``, except with respect
to allegations described in subsection (b)(3),''.
TITLE LVI--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN
STATUS OF INSPECTOR GENERAL
SEC. 5161. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A
CHANGE IN STATUS OF INSPECTOR GENERAL.
Section 5 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by inserting after subsection (e), as added
by section 5135 of this division, the following:
``(f) Not later than 15 days after an Inspector General is
removed, placed on paid or unpaid non-duty status, or
transferred to another position or location within an
establishment, the officer or employee performing the
functions and duties of the Inspector General temporarily in
an acting capacity shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of
Representatives information regarding work being conducted by
the Office as of the date on which the Inspector General was
removed, placed on paid or unpaid non-duty status, or
transferred, which shall include--
``(1) for each investigation--
``(A) the type of alleged offense;
``(B) the fiscal quarter in which the Office initiated the
investigation;
``(C) the relevant Federal agency, including the relevant
component of that Federal agency for any Federal agency
listed in section 901(b) of title 31, United States Code,
under investigation or affiliated with the individual or
entity under investigation; and
``(D) whether the investigation is administrative, civil,
criminal, or a combination thereof, if known; and
``(2) for any work not described in paragraph (1)--
``(A) a description of the subject matter and scope;
``(B) the relevant agency, including the relevant component
of that Federal agency, under review;
``(C) the date on which the Office initiated the work; and
``(D) the expected time frame for completion.''.
TITLE LVII--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY REPORT ON EXPENDITURES
SEC. 5171. CIGIE REPORT ON EXPENDITURES.
Section 11(c)(3) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(D) Report on expenditures.--Not later than November 30
of each year, the Chairperson shall submit to the appropriate
committees or subcommittees of Congress, including the
Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives, a report
on the expenditures of the Council for the preceding fiscal
year, including from direct appropriations to the Council,
interagency funding pursuant to subparagraph (A), a revolving
fund pursuant to subparagraph (B), or any other source.''.
TITLE LVIII--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS
SEC. 5181. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR
ASSISTANCE TO INSPECTORS GENERAL.
Section 6(c) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(3) If the information or assistance that is the subject
of a report under paragraph (2) is not provided to the
Inspector General by the date that is 30 days after the
report is made, the Inspector General shall submit a notice
that the information or assistance requested has not been
provided by the head of the establishment involved or the
head of the Federal agency involved, as applicable, to the
appropriate congressional committees.''.
TITLE LIX--TRAINING RESOURCES FOR INSPECTORS GENERAL AND OTHER MATTERS
SEC. 5191. TRAINING RESOURCES FOR INSPECTORS GENERAL.
Section 11(c)(1) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) by redesignating subparagraphs (E) through (I) as
subparagraphs (F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) support the professional development of Inspectors
General, including by providing training opportunities on the
duties, responsibilities, and authorities under this Act and
on topics relevant to Inspectors General and the work of
Inspectors General, as identified by Inspectors General and
the Council.''.
SEC. 5192. DEFINITION OF APPROPRIATE CONGRESSIONAL
COMMITTEES.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 5--
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ``committees or subcommittees of the
Congress'' and inserting ``congressional committees''; and
(B) in subsection (d), by striking ``committees or
subcommittees of Congress'' and inserting ``congressional
committees'';
(2) in section 6(h)(4)--
(A) in subparagraph (B), by striking ``Government''; and
(B) by amending subparagraph (C) to read as follows:
``(C) Any other relevant congressional committee or
subcommittee of jurisdiction.'';
(3) in section 8--
(A) in subsection (b)--
(i) in paragraph (3), by striking ``the Committees on Armed
Services and Governmental Affairs of the Senate and the
Committee on Armed Services and the Committee on Government
Reform and Oversight of the House of Representatives and to
other appropriate committees or subcommittees of the
Congress'' and inserting ``the appropriate congressional
committees, including the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives''; and
(ii) in paragraph (4), by striking ``and to other
appropriate committees or subcommittees''; and
(B) in subsection (f)--
(i) in paragraph (1), by striking ``the Committees on Armed
Services and on Homeland Security and Governmental Affairs of
the Senate and the Committees on Armed Services and on
Oversight and Government Reform of the House of
Representatives and to other appropriate committees or
subcommittees of Congress'' and inserting ``the appropriate
congressional committees, including the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives''; and
(ii) in paragraph (2), by striking ``committees or
subcommittees of the Congress'' and inserting ``congressional
committees'';
(4) in section 8D--
(A) in subsection (a)(3), by striking ``Committees on
Governmental Affairs and Finance of the Senate and the
Committees on Government Operations and Ways and Means of the
House of Representatives, and to other appropriate committees
or subcommittees of the Congress'' and inserting
``appropriate congressional committees, including the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives''; and
(B) in subsection (g)--
(i) in paragraph (1)--
(I) by striking ``committees or subcommittees of the
Congress'' and inserting ``congressional committees''; and
(II) by striking ``Committees on Governmental Affairs and
Finance of the Senate and the Committees on Government Reform
and Oversight and Ways and Means of the House of
Representatives'' and inserting ``Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives''; and
(ii) in paragraph (2), by striking ``committees or
subcommittees of Congress'' and inserting ``congressional
committees'';
(5) in section 8E--
(A) in subsection (a)(3), by striking ``Committees on
Governmental Affairs and Judiciary of the Senate and the
Committees on Government Operations and Judiciary of the
House of Representatives, and to other appropriate committees
or subcommittees of the Congress'' and inserting
``appropriate congressional committees, including the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives''; and
(B) in subsection (c)--
(i) by striking ``committees or subcommittees of the
Congress'' and inserting ``congressional committees''; and
(ii) by striking ``Committees on the Judiciary and
Governmental Affairs of the Senate and the Committees on the
Judiciary and Government Operations of the House of
Representatives'' and inserting ``Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives'';
(6) in section 8G--
(A) in subsection (d)(2)(E), in the matter preceding clause
(i), by inserting ``the appropriate congressional committees,
including'' after ``are''; and
(B) in subsection (f)(3)--
(i) in subparagraph (A)(iii), by striking ``Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives, and to other appropriate committees or
subcommittees of the Congress'' and inserting ``the
appropriate congressional committees''; and
(ii) by striking subparagraph (C);
(7) in section 8I--
(A) in subsection (a)(3), in the matter preceding
subparagraph (A), by striking ``committees and subcommittees
of Congress'' and inserting ``congressional committees''; and
(B) in subsection (d), by striking ``committees and
subcommittees of Congress'' each place it appears and
inserting ``congressional committees'';
(8) in section 8N(b), by striking ``committees of
Congress'' and inserting ``congressional committees'';
(9) in section 11--
(A) in subsection (b)(3)(B)(viii)--
(i) by striking subclauses (III) and (IV);
(ii) in subclause (I), by adding ``and'' at the end; and
(iii) by amending subclause (II) to read as follows:
``(II) the appropriate congressional committees.''; and
(B) in subsection (d)(8)(A)(iii), by striking ``to the''
and all that follows through ``jurisdiction'' and inserting
``to the appropriate congressional committees''; and
(10) in section 12--
(A) in paragraph (4), by striking ``and'' at the end;
[[Page S7972]]
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) the term `appropriate congressional committees'
means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Committee on Oversight and Reform of the House of
Representatives; and
``(C) any other relevant congressional committee or
subcommittee of jurisdiction.''.
SEC. 5193. SEMIANNUAL REPORTS.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 4(a)(2)--
(A) by inserting ``, including'' after ``to make
recommendations''; and
(B) by inserting a comma after ``section 5(a)'';
(2) in section 5--
(A) in subsection (a)--
(i) by striking paragraphs (1) through (12) and inserting
the following:
``(1) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the establishment and associated reports and
recommendations for corrective action made by the Office;
``(2) an identification of each recommendation made before
the reporting period, for which corrective action has not
been completed, including the potential costs savings
associated with the recommendation;
``(3) a summary of significant investigations closed during
the reporting period;
``(4) an identification of the total number of convictions
during the reporting period resulting from investigations;
``(5) information regarding each audit, inspection, or
evaluation report issued during the reporting period,
including--
``(A) a listing of each audit, inspection, or evaluation;
``(B) if applicable, the total dollar value of questioned
costs (including a separate category for the dollar value of
unsupported costs) and the dollar value of recommendations
that funds be put to better use, including whether a
management decision had been made by the end of the reporting
period;
``(6) information regarding any management decision made
during the reporting period with respect to any audit,
inspection, or evaluation issued during a previous reporting
period;'';
(ii) by redesignating paragraphs (13) through (22) as
paragraphs (7) through (16), respectively;
(iii) by amending paragraph (13), as so redesignated, to
read as follows:
``(13) a report on each investigation conducted by the
Office where allegations of misconduct were substantiated,
including the name of the senior Government employee, if
already made public by the Office, and a detailed description
of--
``(A) the facts and circumstances of the investigation; and
``(B) the status and disposition of the matter, including--
``(i) if the matter was referred to the Department of
Justice, the date of the referral; and
``(ii) if the Department of Justice declined the referral,
the date of the declination;''; and
(iv) in paragraph (15), as so redesignated, by striking
subparagraphs (A) and (B) and inserting the following:
``(A) any attempt by the establishment to interfere with
the independence of the Office, including--
``(i) with budget constraints designed to limit the
capabilities of the Office; and
``(ii) incidents where the establishment has resisted or
objected to oversight activities of the Office or restricted
or significantly delayed access to information, including the
justification of the establishment for such action; and
``(B) a summary of each report made to the head of the
establishment under section 6(c)(2) during the reporting
period;''; and
(B) in subsection (b)--
(i) by striking paragraphs (2) and (3) and inserting the
following:
``(2) where final action on audit, inspection, and
evaluation reports had not been taken before the commencement
of the reporting period, statistical tables showing--
``(A) with respect to management decisions--
``(i) for each report, whether a management decision was
made during the reporting period;
``(ii) if a management decision was made during the
reporting period, the dollar value of disallowed costs and
funds to be put to better use as agreed to in the management
decision; and
``(iii) total number of reports where a management decision
was made during the reporting period and the total
corresponding dollar value of disallowed costs and funds to
be put to better use as agreed to in the management decision;
and
``(B) with respect to final actions--
``(i) whether, if a management decision was made before the
end of the reporting period, final action was taken during
the reporting period;
``(ii) if final action was taken, the dollar value of--
``(I) disallowed costs that were recovered by management
through collection, offset, property in lieu of cash, or
otherwise;
``(II) disallowed costs that were written off by
management;
``(III) disallowed costs and funds to be put to better use
not yet recovered or written off by management;
``(IV) recommendations that were completed; and
``(V) recommendations that management has subsequently
concluded should not or could not be implemented or
completed; and
``(iii) total number of reports where final action was not
taken and total number of reports where final action was
taken, including the total corresponding dollar value of
disallowed costs and funds to be put to better use as agreed
to in the management decisions;'';
(ii) by redesignating paragraph (4) as paragraph (3);
(iii) in paragraph (3), as so redesignated, by striking
``subsection (a)(20)(A)'' and inserting ``subsection
(a)(14)(A)''; and
(iv) by striking paragraph (5) and inserting the following:
``(4) a statement explaining why final action has not been
taken with respect to each audit, inspection, and evaluation
report in which a management decision has been made but final
action has not yet been taken, except that such statement--
``(A) may exclude reports if--
``(i) a management decision was made within the preceding
year; or
``(ii) the report is under formal administrative or
judicial appeal or management of the establishment has agreed
to pursue a legislative solution; and
``(B) shall identify the number of reports in each category
so excluded.'';
(C) by redesignating subsection (h), as so redesignated by
section 305, as subsection (i); and
(D) by inserting after subsection (g), as so redesignated
by section 305, the following:
``(h) If an Office has published any portion of the report
or information required under subsection (a) to the website
of the Office or on oversight.gov, the Office may elect to
provide links to the relevant webpage or website in the
report of the Office under subsection (a) in lieu of
including the information in that report.''.
SEC. 5194. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY
NON-GOVERNMENTAL ORGANIZATIONS OR BUSINESS
ENTITIES.
(a) In General.--Section 5(g) of the Inspector General Act
of 1978 (5 U.S.C. App.), as so redesignated by section 5135
of this division, is amended by adding at the end the
following:
``(6)(A) Except as provided in subparagraph (B), if an
audit, evaluation, inspection, or other non-investigative
report prepared by an Inspector General specifically
identifies a specific non-governmental organization or
business entity, whether or not the non-governmental
organization or business entity is the subject of that audit,
evaluation, inspection, or non-investigative report--
``(i) the Inspector General shall notify the non-
governmental organization or business entity;
``(ii) the non-governmental organization or business entity
shall have--
``(I) 30 days to review the audit, evaluation, inspection,
or non-investigative report beginning on the date of
publication of the audit, evaluation, inspection, or non-
investigative report; and
``(II) the opportunity to submit a written response for the
purpose of clarifying or providing additional context as it
directly relates to each instance wherein an audit,
evaluation, inspection, or non-investigative report
specifically identifies that non-governmental organization or
business entity; and
``(iii) if a written response is submitted under clause
(ii)(II) within the 30-day period described in clause
(ii)(I)--
``(I) the written response shall be attached to the audit,
evaluation, inspection, or non-investigative report; and
``(II) in every instance where the report may appear on the
public-facing website of the Inspector General, the website
shall be updated in order to access a version of the audit,
evaluation, inspection, or non-investigative report that
includes the written response.
``(B) Subparagraph (A) shall not apply with respect to a
non-governmental organization or business entity that refused
to provide information or assistance sought by an Inspector
General during the creation of the audit, evaluation,
inspection, or non-investigative report.
``(C) An Inspector General shall review any written
response received under subparagraph (A) for the purpose of
preventing the improper disclosure of classified information
or other non-public information, consistent with applicable
laws, rules, and regulations, and, if necessary, redact such
information.''.
(b) Retroactive Applicability.--During the 30-day period
beginning on the date of enactment of this Act--
(1) the amendment made by subsection (a) shall apply upon
the request of a non-governmental organization or business
entity named in an audit, evaluation, inspection, or other
non-investigative report prepared on or after January 1,
2019; and
(2) any written response submitted under clause (iii) of
section 5(g)(6)(A)of the Inspector General Act of 1978 (5
U.S.C. App.), as added by subsection (a), with respect to
such an audit, evaluation, inspection, or other non-
investigative report shall attach to the original report in
the manner described in that clause.
[[Page S7973]]
SEC. 5195. REVIEW RELATING TO VETTING, PROCESSING, AND
RESETTLEMENT OF EVACUEES FROM AFGHANISTAN AND
THE AFGHANISTAN SPECIAL IMMIGRANT VISA PROGRAM.
(a) In General.--In accordance with the Inspector General
Act of 1978 (5 U.S.C. App.), the Inspector General of the
Department of Homeland Security, jointly with the Inspector
General of the Department of State, and in coordination with
any appropriate inspector general, shall conduct a thorough
review of efforts to support and process evacuees from
Afghanistan and the Afghanistan special immigrant visa
program.
(b) Elements.--The review required by subsection (a) shall
include an assessment of the systems, staffing, policies, and
programs used--
(1) to the screen and vet such evacuees, including--
(A) an assessment of whether personnel conducting such
screening and vetting were appropriately authorized and
provided with training, including training in the detection
of fraudulent personal identification documents;
(B) an analysis of the degree to which such screening and
vetting deviated from United States law, regulations, policy,
and best practices relating to the screening and vetting of
refugees and applicants for United States visas that have
been in use at any time since January 1, 2016;
(C) an identification of any risk to the national security
of the United States posed by any such deviations;
(D) an analysis of the processes used for evacuees
traveling without personal identification records, including
the creation or provision of any new identification records
to such evacuees; and
(E) an analysis of the degree to which such screening and
vetting process was capable of detecting--
(i) instances of human trafficking and domestic abuse;
(ii) evacuees who are unaccompanied minors; and
(iii) evacuees with a spouse that is a minor;
(2) to admit and process such evacuees at United States
ports of entry;
(3) to temporarily house such evacuees prior to
resettlement;
(4) to account for the total number of individual evacuated
from Afghanistan in 2021 with support of the United States
Government, disaggregated by--
(A) country of origin;
(B) age;
(C) gender;
(D) eligibility for special immigrant visas under the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note;
Public Law 111-8) or section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note;
Public Law 109-163) at the time of evacuation;
(E) eligibility for employment-based nonimmigrant visas at
the time of evacuation; and
(F) familial relationship to evacuees who are eligible for
visas described in subparagraphs (D) and (E); and
(5) to provide eligible individuals with special immigrant
visas under the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note; Public Law 111-8) and section 1059 of the
National Defense Authorization Act for Fiscal Year 2006 (8
U.S.C. 1101 note; Public Law 109-163) since the date of the
enactment of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note; Public Law 111-8), including--
(A) a detailed step-by-step description of the application
process for such special immigrant visas, including the
number of days allotted by the United States Government for
the completion of each step;
(B) the number of such special immigrant visa applications
received, approved, and denied, disaggregated by fiscal year;
(C) the number of such special immigrant visas issued, as
compared to the number available under law, disaggregated by
fiscal year;
(D) an assessment of the average length of time taken to
process an application for such a special immigrant visa,
beginning on the date of submission of the application and
ending on the date of final disposition, disaggregated by
fiscal year;
(E) an accounting of the number of applications for such
special immigrant visas that remained pending at the end of
each fiscal year;
(F) an accounting of the number of interviews of applicants
for such special immigrant visas conducted during each fiscal
year;
(G) the number of noncitizens who were admitted to the
United States pursuant to such a special immigrant visa
during each fiscal year;
(H) an assessment of the extent to which each participating
department or agency of the United States Government,
including the Department of State and the Department of
Homeland Security, adjusted processing practices and
procedures for such special immigrant visas so as to vet
applicants and expand processing capacity since the February
29, 2020, Doha Agreement between the United States and the
Taliban;
(I) a list of specific steps, if any, taken between
February 29, 2020, and August 31, 2021--
(i) to streamline the processing of applications for such
special immigrant visas; and
(ii) to address longstanding bureaucratic hurdles while
improving security protocols;
(J) a description of the degree to which the Secretary of
State implemented recommendations made by the Department of
State Office of Inspector General in its June 2020 reports on
Review of the Afghan Special Immigrant Visa Program (AUD-
MERO-20-35) and Management Assistance Report: Quarterly
Reporting on Afghan Special Immigrant Visa Program Needs
Improvement (AUD-MERO-20-34);
(K) an assessment of the extent to which challenges in
verifying applicants' employment with the Department of
Defense contributed to delays in the processing of such
special immigrant visas, and an accounting of the specific
steps taken since February 29, 2020, to address issues
surrounding employment verification; and
(L) recommendations to strengthen and streamline such
special immigrant visa process going forward.
(c) Interim Reporting.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Department of Homeland Security and the Inspector General of
the Department of State shall submit to the appropriate
congressional committees not fewer than one interim report on
the review conducted under this section.
(2) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning
given the term in section 12 of the Inspector General Act of
1978 (5 U.S.C. App.), as amended by this Act.
(B) Screen; screening.--The terms ``screen'' and
``screening'', with respect to an evacuee, mean the process
by which a Federal official determines--
(i) the identity of the evacuee;
(ii) whether the evacuee has a valid identification
documentation; and
(iii) whether any database of the United States Government
contains derogatory information about the evacuee.
(C) Vet; vetting.--The term ``vet'' and ``vetting'', with
respect to an evacuee, means the process by which a Federal
official interviews the evacuee to determine whether the
evacuee is who they purport to be, including whether the
evacuee poses a national security risk.
(d) Discharge of Responsibilities.--The Inspector General
of the Department of Homeland Security and the Inspector
General of the Department of State shall discharge the
responsibilities under this section in a manner consistent
with the authorities and requirements of the Inspector
General Act of 1978 (5 U.S.C. App.) and the authorities and
requirements applicable to the Inspector General of the
Department of Homeland Security and the Inspector General of
the Department of State under that Act.
(e) Coordination.--Upon request of an Inspector General for
information or assistance under subsection (a), the head of
any Federal agency involved shall, insofar as is practicable
and not in contravention of any existing statutory
restriction or regulation of the Federal agency from which
the information is requested, furnish to such Inspector
General, or to an authorized designee, such information or
assistance.
(f) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of the Inspector General of
the Department of Homeland Security or the Inspector General
of the Department of State to enter into agreements to
conduct joint audits, inspections, or investigations in the
exercise of the oversight responsibilities of the Inspector
General of the Department of Homeland Security and the
Inspector General of the Department of State, in accordance
with the Inspector General Act of 1978 (5 U.S.C. App.), with
respect to oversight of the evacuation from Afghanistan, the
selection, vetting, and processing of applicants for special
immigrant visas and asylum, and any resettlement in the
United States of such evacuees.
______
SA 4463. Mr. SCHATZ submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 376. OVERSIGHT OF THE PROCUREMENT OF EQUIPMENT BY STATE
AND LOCAL GOVERNMENTS THROUGH THE DEPARTMENT OF
DEFENSE.
Section 281 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Limitations on Purchases.--(1) The Secretary shall
require, as a condition of any purchase of equipment under
this section, that if the Department of Justice opens an
investigation into a State or unit of local government under
section 210401 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12601), the Secretary
shall pause all pending or future purchases by that State or
unit of local government.
``(2) The Secretary shall prohibit the purchase of
equipment by a State or unit of local government for a period
of 5 years upon a finding that equipment purchased under
[[Page S7974]]
this section by the State or unit of local government was
used as part of a violation under section 210401 of the
Violent Crime Control and Law Enforcement Act of 1994 (34
U.S.C. 12601).
``(e) Publicly Accessible Website on Purchased Equipment.--
(1) The Secretary, in coordination with the Administrator of
General Services, shall create and maintain a publicly
available internet website that provides in searchable format
information on the purchase of equipment under this section
and the recipients of such equipment.
``(2) The internet website required under paragraph (1)
shall include all publicly accessible unclassified
information pertaining to the purchase of equipment under
this section, including--
``(A) the catalog of equipment available for purchase under
subsection (c);
``(B) the recipient state or unit of local government;
``(C) the purpose of the purchase under subsection (a)(1);
``(D) the type of equipment;
``(E) the cost of the equipment;
``(F) the administrative costs under subsection (b); and
``(G) other information the Secretary determines is
necessary.
``(3) The Secretary shall update on a quarterly basis
information included on the internet website required under
paragraph (1).''.
______
SA 4464. Mr. SCHATZ (for himself, Mr. Kaine, Mr. Sanders, Mr.
Merkley, Mr. Wyden, Ms. Rosen, Mr. Peters, and Mr. Padilla) submitted
an amendment intended to be proposed to amendment SA 3867 submitted by
Mr. Reed and intended to be proposed to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Use of Medical Marijuana by Veterans
SEC. 1071. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL
MARIJUANA.
(a) Safe Harbor.--Notwithstanding the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.), or any other Federal
law, it shall not be unlawful for--
(1) a veteran to use, possess, or transport medical
marijuana in a State or on Indian land if the use,
possession, or transport is authorized and in accordance with
the law of the applicable State or Indian Tribe;
(2) a physician to discuss with a veteran the use of
medical marijuana as a treatment if the physician is in a
State or on Indian land where the law of the applicable State
or Indian Tribe authorizes the use, possession, distribution,
dispensation, administration, delivery, and transport of
medical marijuana; or
(3) a physician to recommend, complete forms for, or
register veterans for participation in a treatment program
involving medical marijuana that is approved by the law of
the applicable State or Indian Tribe.
(b) Definitions.--In this section:
(1) Indian land.--The term ``Indian land'' means any of the
Indian lands, as that term is defined in section 824(b) of
the Indian Health Care Improvement Act (25 U.S.C. 1680n).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(3) Physician.--The term ``physician'' means a physician
appointed by the Secretary of Veterans Affairs under section
7401(1) of title 38, United States Code.
(4) State.--The term ``State'' has the meaning given that
term in section 102 of the Controlled Substances Act (21
U.S.C. 802).
(5) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code.
(c) Sunset.--This section shall cease to have force or
effect on the date that is five years after the date of the
enactment of this Act.
SEC. 1072. STUDIES ON USE OF MEDICAL MARIJUANA BY VETERANS.
(a) Study on Effects of Medical Marijuana on Veterans in
Pain.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall conduct a study on the effects of medical marijuana on
veterans in pain.
(2) Report.--Not later than 180 days after the date on
which the study required under paragraph (1) is completed,
the Secretary shall submit to Congress a report on the study,
which shall include such recommendations for legislative or
administrative action as the Secretary considers appropriate.
(b) Study on Use by Veterans of State Medical Marijuana
Programs.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary shall conduct a
study on the relationship between treatment programs
involving medical marijuana that are approved by States, the
access of veterans to such programs, and a reduction in
opioid use and abuse among veterans.
(2) Report.--Not later than 180 days after the date on
which the study required under paragraph (1) is completed,
the Secretary shall submit to Congress a report on the study,
which shall include such recommendations for legislative or
administrative action as the Secretary considers appropriate.
(c) Veteran Defined.--In this section, the term ``veteran''
has the meaning given that term in section 101 of title 38,
United States Code.
(d) Use of Amounts.--For fiscal years 2022 and 2023, of the
amounts appropriated to the Department of Veterans Affairs--
(1) $10,000,000 shall be used to carry out subsection (a);
and
(2) $5,000,000 shall be used to carry out subsection (b).
______
SA 4465. Mr. SCHATZ (for himself, Ms. Duckworth, Mr. Hickenlooper,
Ms. Hirono, and Mr. Wyden) submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. JAPANESE AMERICAN CONFINEMENT EDUCATION.
(a) Definitions.--In this section:
(1) Japanese american museum.--The term ``Japanese American
museum'' means a museum located in the United States
established to promote the understanding and appreciation of
the ethnic and cultural diversity of the United States by
illustrating the Japanese American experience throughout the
history of the United States.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Competitive Grants for Japanese American Confinement
Education.--
(1) In general.--The Secretary shall establish a program to
award competitive grants to a Japanese American museum to
educate individuals in the United States on the historical
importance of Japanese American confinement during World War
II so that present and future generations may learn from
Japanese American confinement and the commitment of the
United States to equal justice under the law.
(2) Use of funds.--A grant awarded under paragraph (1)--
(A) shall be used--
(i) for the research and education relating to the Japanese
American confinement in World War II; and
(ii) for the disbursement of accurate, relevant, and
accessible resources to promote understanding about how and
why the Japanese American confinement in World War II
happened, which--
(I) shall include digital resources; and
(II) may include other types of resources, including print
resources and exhibitions; and
(B) shall not be used at a Japanese American museum that
does not provide--
(i) free admission to individuals who were placed within a
Japanese American confinement camp; and
(ii) dedicated free admission hours for the general public
not less than once per month.
(3) Application.--To be eligible to receive a grant under
this subsection, a Japanese American museum shall submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
(4) Deadline for award.--Not later than 120 days after the
date on which the Secretary receives an application from a
Japanese American museum for a grant that is approved by the
Secretary under this subsection, the Secretary shall award a
grant to the Japanese American museum.
(5) Priority considerations.--In awarding a grant under
this subsection, the Secretary shall give priority using the
following considerations:
(A) The needs of the Japanese American museum.
(B) The proximity of the project for which the grant funds
will be used to cities with populations that include not less
than 100,000 Japanese Americans, as certified by the most
recent census.
(C) The ability and commitment of the Japanese American
museum to use grant funds--
(i) to educate future generations of individuals in the
United States; and
(ii) to locate Japanese American confinement survivors.
(D) The existing relationship the Japanese American museum
has with Japanese American cultural and advocacy
organizations.
(6) Report.--Not later than 90 days after the end of each
fiscal year for which a Japanese American museum obligates or
expends amounts made available under a grant under this
subsection, the Japanese American museum shall submit to the
Secretary and the appropriate committees of Congress a report
that--
(A) specifies the amount of grant funds obligated or
expended for the preceding fiscal year;
[[Page S7975]]
(B) specifies any purposes for which the funds were
obligated or expended; and
(C) includes any other information that the Secretary may
require to more effectively administer the grant program.
(7) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $2,000,000 for each of fiscal years 2022 through
2026.
(c) Preservation of Historic Confinement Sites.--
(1) Sunset.--Section 1 of Public Law 109-441 (120 Stat.
3288) is amended by striking subsection (e).
(2) Authorization of appropriations.--Section 4 of Public
Law 109-441 (120 Stat. 3290) is amended, in the first
sentence--
(A) by striking ``are authorized'' and inserting ``is
authorized''; and
(B) by inserting ``for fiscal year 2022 and each fiscal
year thereafter'' after ``this Act''.
______
SA 4466. Mr. SCHATZ submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REFORM AND OVERSIGHT OF DEPARTMENT OF DEFENSE
TRANSFER OF PERSONAL PROPERTY TO LAW
ENFORCEMENT AGENCIES AND OTHER ENTITIES.
(a) In General.--Section 2576a of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``subsection (b)'' and inserting ``the
provisions of this section''; and
(B) by adding at the end the following:
``(3) The Secretary may transfer non-controlled property to
nonprofit organizations involved in humanitarian response or
first responder activities.'';
(2) in subsection (b)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following new paragraphs:
``(7) the recipient, on an annual basis, certifies that if
the recipient determines that the property is surplus to the
needs of the recipient, the recipient will return the
property to the Department of Defense;
``(8) the recipient submits to the Department of Defense a
description of how the recipient expects to use the property;
``(9) with respect to a recipient that is not a Federal
agency, the recipient certifies to the Department of Defense
that the recipient notified the local community of the
request for property under this section by--
``(A) publishing a notice of such request on a publicly
accessible internet website;
``(B) posting such notice at several prominent locations in
the jurisdiction of the recipient; and
``(C) ensuring that such notices were available to the
local community for a period of not less than 30 days;
``(10) with respect to a recipient that is not a Federal
agency, the recipient submits to the Department of Defense a
description of the training courses or certifications
required for use of transferred property;
``(11) with respect to a recipient that is a local law
enforcement agency, the recipient has received the approval
of the city council or other local governing body to acquire
the property sought under this section; and
``(12) with respect to a recipient that is a State law
enforcement agency, the recipient has received the approval
of the appropriate state governing body to acquire the
property sought under this section.'';
(3) in subsection (e), by adding at the end the following:
``(5) Grenades launchers.
``(6) Explosives.
``(7) Firearms of .50 caliber or higher and ammunition of
0.5 caliber or higher.
``(8) Asphyxiating gases, including those comprised of
lachrymatory agents, and analogous liquids, materials or
devices.
``(9) Items in the Federal Supply Class of banned items.'';
(4) by striking subsections (f) and (g) and inserting the
following:
``(f) Limitations on Transfers.--(1) The transfers
prohibited under subsection (e) shall also apply with respect
to the transfer of previously transferred property of the
Department of Defense from a Federal or State agency to
another such agency.
``(2) The Secretary shall require that equipment
transferred under this section shall be returned upon a
finding that the equipment has been used to conduct actions
against residents of the United States that infringe upon the
rights of the residents under the First Amendment to the
Constitution of the United States to assemble peaceably or to
petition the Government for redress of grievances.
``(3) The Secretary shall prohibit the transfer of
equipment to a Federal or State agency for a period of 5
years upon a finding that equipment transferred under this
section to the Federal or State agency has been used to
conduct actions against United States residents that infringe
upon the rights of the residents under the First Amendment to
the Constitution of the United States to assemble peaceably
or to petition the Government for redress of grievances.
``(g) Annual Certification Accounting for Transferred
Property.--(1) For each fiscal year, the Secretary shall
submit to Congress certification in writing that each Federal
or State agency to which the Secretary has transferred
personal property under this section--
``(A) has provided to the Secretary documentation
accounting for all controlled property, including arms and
ammunition, that the Secretary has transferred to the agency,
including any item described in subsection (e) so transferred
before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022; and
``(B) with respect to a non-Federal agency, carried out
each of paragraphs (5) through (9) of subsection (b).
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a Federal or State agency, the Secretary
may not transfer additional property to that agency under
this section.
``(h) Annual Report on Excess Property.--The Secretary
shall submit to Congress each year, before making any
personal property available for transfer under this section
in that year, report setting forth a description of the
property to be transferred, together with a certification
that the transfer of the property would not violate this
section or any other provision of law.
``(i) Conditions for Extension of Program.--Notwithstanding
any other provision of law, amounts authorized to be
appropriated or otherwise made available for any fiscal year
may not be obligated or expended to carry out this section
unless the Secretary submits to the appropriate committees of
Congress a certification, for the preceding fiscal year,
that--
``(1) each recipient agency that has received personal
property under this section has--
``(A) demonstrated full and complete accountability for all
such property, in accordance with paragraph (2) or (3), as
applicable; or
``(B) been suspended or terminated from the program
pursuant to paragraph (4);
``(2) with respect to each non-Federal agency that has
received property under this section, the State Coordinator
responsible for each such agency has verified that the State
Coordinator or an agent of the State Coordinator has
conducted an in-person inventory of the property transferred
to the agency and that all such property was accounted for
during the inventory or that the agency has been suspended or
terminated from the program pursuant to paragraph (4);
``(3) with respect to each Federal agency that has received
property under this section, the Secretary or an agent of the
Secretary has conducted an in-person inventory of the
property transferred to the agency and that all such property
was accounted for during the inventory or that the agency has
been suspended or terminated from the program pursuant to
paragraph (4);
``(4) the eligibility of any agency that has received
property under this section for which all of such property
was not accounted for during an inventory described in
paragraph (2) or (3), as applicable, to receive property
transferred under this section has been suspended or
terminated;
``(5) each State Coordinator has certified, for each non-
Federal agency located in the State for which the State
Coordinator is responsible that--
``(A) the agency has complied with all requirements under
this section; or
``(B) the eligibility of the agency to receive property
transferred under this section has been suspended or
terminated; and
``(6) the Secretary has certified, for each Federal agency
that has received property under this section that--
``(A) the agency has complied with all requirements under
this section; or
``(B) the eligibility of the agency to receive property
transferred under this section has been suspended or
terminated.
``(j) Approval by Law Required for Transfer of Property Not
Previously Transferrable.--(1) In the event the Secretary
proposes to make available for transfer under this section
any personal property of the Department of Defense not
previously made available for transfer under this section,
the Secretary shall submit to the appropriate committees of
Congress a report setting forth the following:
``(A) A description of the property proposed to be made
available for transfer.
``(B) A description of the conditions, if any, to be
imposed on use of the property after transfer.
``(C) A certification that transfer of the property would
not violate a provision of this section or any other
provision of law.
``(2) The Secretary may not transfer any property covered
by a report under this subsection unless authorized by a law
enacted by Congress after the date of the receipt of the
report by Congress.
``(k) Annual Certification Accounting for Transferred
Property.--(1) The Secretary shall submit to the appropriate
committees of Congress each year a certification in writing
that each recipient to which the Secretary has transferred
personal property
[[Page S7976]]
under this section during the preceding fiscal year--
``(A) has provided to the Secretary documentation
accounting for all property the Secretary has previously
transferred to such recipient under this section; and
``(B) has complied with paragraphs (5) and (6) of
subsection (b) with respect to the property so transferred
during such fiscal year.
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a recipient, the Secretary may not transfer
additional property to such recipient under this section,
effective as of the date on which the Secretary would
otherwise make the certification under this subsection, and
such recipient shall be suspended or terminated from further
receipt of property under this section.
``(l) Quarterly Reports on Use of Controlled Equipment.--
Not later than 30 days after the last day of a fiscal
quarter, the Secretary shall submit to Congress a report on
any uses of controlled property transferred under this
section during that fiscal quarter.
``(m) Reports to Congress.--Not later than 30 days after
the last day of a fiscal year, the Secretary shall submit to
Congress a report on the following for the preceding fiscal
year:
``(1) The percentage of equipment lost by recipients of
property transferred under this section, including specific
information about the type of property lost, the monetary
value of such property, and the recipient that lost the
property.
``(2) The transfer of any new (condition code A) property
transferred under this section, including specific
information about the type of property, the recipient of the
property, the monetary value of each item of the property,
and the total monetary value of all such property transferred
during the fiscal year.
``(n) Publicly Accessible Website on Transferred Controlled
Property.--(1) The Secretary shall create and maintain a
publicly available internet website that provides information
on the controlled property transferred under this section and
the recipients of such property.
``(2) The contents of the internet website required under
paragraph (1) shall include all publicly accessible
unclassified information pertaining to the request, transfer,
denial, and repossession of controlled property under this
section, including--
``(A) a current inventory of all controlled property
transferred to Federal and State agencies under this section,
listed by--
``(i) the name of the Federal agency, or the State, county,
and recipient agency;
``(ii) the item name, item type, and item model;
``(iii) the date on which such property was transferred;
and
``(iv) the current status of such item;
``(B) all pending requests for transfers of controlled
property under this section, including the information
submitted by the Federal and State agencies requesting such
transfers;
``(C) a list of each agency suspended or terminated from
further receipt of property under this section, including any
State, county, or local agency, and the reason for and
duration of such suspension or termination; and
``(D) all reports required to be submitted to the Secretary
under this section by Federal and State agencies that receive
controlled property under this section.
``(3) The Secretary shall update on a quarterly basis the
contents of the internet website required under paragraph
(1), on which the contents of the Internet website described
in paragraph (2) shall be made publicly available in a
searchable format.
``(o) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Oversight and Government Reform of the House of
Representatives.
``(2) The term `agent of a State Coordinator' means any
individual to whom a State Coordinator formally delegates
responsibilities for the duties of the State Coordinator to
conduct inventories described in subsection (i)(2).
``(3) The term `controlled property' means any item
assigned a demilitarization code of B, C, D, E, G, or Q under
Department of Defense Manual 4160.21-M, `Defense Materiel
Disposition Manual', or any successor document.
``(4) The term `State Coordinator', with respect to a
State, means the individual appointed by the governor of the
State to maintain property accountability records and oversee
property use by the State.''.
(b) Effective Date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(c) Interagency Law Enforcement Equipment Working Group.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Defense shall
establish an interagency Law Enforcement Equipment Working
Group (referred to in this subsection as the ``Working
Group'') to support oversight and policy development
functions for controlled equipment programs.
(2) Purpose.--The Working Group shall--
(A) examine and evaluate the Controlled and Prohibited
Equipment Lists for possible additions or deletions;
(B) track law enforcement agency controlled equipment
inventory;
(C) ensure Government-wide criteria to evaluate requests
for controlled equipment;
(D) ensure uniform standards for compliance reviews;
(E) harmonize Federal programs to ensure the programs have
consistent and transparent policies with respect to the
acquisition of controlled equipment by law enforcement
agencies;
(F) require after-action analysis reports for significant
incidents involving Federally provided or Federally funded
controlled equipment;
(G) develop policies to ensure that law enforcement
agencies abide by any limitations or affirmative obligations
imposed on the acquisition of controlled equipment or receipt
of funds to purchase controlled equipment from the Federal
Government and the obligations resulting from receipt of
Federal financial assistance;
(H) require State and local governing body to review and
authorize a law enforcement agency's request for or
acquisition of controlled equipment;
(I) require that law enforcement agencies participating in
Federal controlled equipment programs receive necessary
training regarding appropriate use of controlled equipment
and the implementation of obligations resulting from receipt
of Federal financial assistance, including training on the
protection of civil rights and civil liberties;
(J) provide uniform standards for suspending law
enforcement agencies from Federal controlled equipment
programs for specified violations of law, including civil
rights laws, and ensuring those standards are implemented
consistently across agencies; and
(K) create a process to monitor the sale or transfer of
controlled equipment from the Federal Government or
controlled equipment purchased with funds from the Federal
Government by law enforcement agencies to third parties.
(3) Composition.--
(A) In general.--The Working Group shall be co-chaired by
the Secretary of Defense, the Attorney General, and the
Secretary of Homeland Security.
(B) Membership.--The Working Group shall be comprised of--
(i) representatives of interested parties, who are not
Federal employees, including appropriate State, local, and
Tribal officials, law enforcement organizations, civil rights
and civil liberties organizations, and academics; and
(ii) the heads of such other agencies and offices as the
Co-Chairs may, from time to time, designate.
(C) Designation.--A member of the Working Group described
in subparagraph (A) or in subparagraph (B)(ii) may designate
a senior-level official from the agency represented by the
member to perform the day-to-day Working Group functions of
the member, if the designated official is a full-time officer
or employee of the Federal Government.
(D) Subgroups.--At the direction of the Co-Chairs, the
Working Group may establish subgroups consisting exclusively
of Working Group members or their designees under this
subsection, as appropriate.
(E) Executive director.--
(i) In general.--There shall be an Executive Director of
the Working Group, to be appointed by the Attorney General.
(ii) Responsibilities.--The Executive Director appointed
under clause (i) shall determine the agenda of the Working
Group, convene regular meetings, and supervise the work of
the Working Group under the direction of the Co-Chairs.
(iii) Funding.--
(I) In general.--To the extent permitted by law and using
amounts already appropriated, the Secretary shall fund, and
provide administrative support for, the Working Group
(II) Requirement.--Each agency shall bear its own expenses
for participating in the Working Group.
(F) Coordination with the department of homeland
security.--In general, the Working Group shall coordinate
with the Homeland Security Advisory Council of the Department
of Homeland Security to identify areas of overlap or
potential national preparedness implications of further
changes to Federal controlled equipment programs.
(4) Rule of construction.--Nothing in this subsection shall
be construed as creating any right or benefit, substantive or
procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) Report on Department of Defense Transfer of Personal
Property to Law Enforcement Agencies and Other Entities.--
(1) Appropriate recipients defined.--In this subsection,
the term ``appropriate recipients'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Armed Services of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Defense, in
consultation with the Attorney General and the Secretary of
Homeland Security, shall submit a report to the appropriate
recipients.
[[Page S7977]]
(3) Contents.--The report required under paragraph (2)
shall contain--
(A) a review of the efficacy of the surplus equipment
transfer program; and
(B) a determination of whether to recommend continuing or
ending the program in the future.
______
SA 4467. Mr. SCHATZ (for himself, Mr. Portman, Mr. Rounds, and Mr.
Coons) submitted an amendment intended to be proposed to amendment SA
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. IMPROVING TRANSPARENCY AND ACCOUNTABILITY OF
EDUCATIONAL INSTITUTIONS FOR PURPOSES OF
VETERANS EDUCATIONAL ASSISTANCE.
(a) Requirement Relating to G.I. Bill Comparison Tool.--
(1) Requirement to maintain tool.--The Secretary of
Veterans Affairs shall maintain the G.I. Bill Comparison Tool
that was established pursuant to Executive Order 13607 (77
Fed. Reg. 25861; relating to establishing principles of
excellence for educational institutions serving service
members, veterans, spouses, and other family members) and in
effect on the day before the date of the enactment of this
Act, or successor tool, to provide relevant and timely
information about programs of education approved under
chapter 36 of title 38, United States Code, and the
educational institutions that offer such programs.
(2) Data retention.--The Secretary shall ensure that
historical data that is reported via the tool maintained
under paragraph (1) remains easily and prominently accessible
on the benefits.va.gov website, or successor website, for a
period of not less than seven years from the date of initial
publication.
(b) Providing Timely and Relevant Education Information to
Veterans, Members of the Armed Forces, and Other
Individuals.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in coordination with the Secretary of Education, shall make
such changes to the tool maintained under subsection (a) as
the Secretary determines appropriate to ensure that such tool
is an effective and efficient method for providing
information pursuant to section 3698(b)(5) of title 38,
United States Code.
(2) Modification of scope of comprehensive policy on
providing education information.--Section 3698 of title 38,
United States Code, is amended--
(A) in subsection (a), by striking ``veterans and members
of the Armed Forces'' and inserting ``individuals entitled to
educational assistance under laws administered by the
Secretary of Veterans Affairs''; and
(B) in subsection (b)(5)--
(i) by striking ``veterans and members of the Armed
Forces'' and inserting ``individuals described in subsection
(a)''; and
(ii) by striking ``the veteran or member'' and inserting
``the individual''.
(3) G.I. bill comparison tool required disclosures.--
Paragraph (1) of subsection (c) of such section is amended--
(A) by striking subparagraph (B) and inserting the
following:
``(B) for each individual described in subsection (a)
seeking information provided under subsection (b)(5)--
``(i) the name of each Federal student aid program, and a
description of each such program, from which the individual
may receive educational assistance; and
``(ii) for each program named and described pursuant to
clause (i), the amount of educational assistance that the
individual may be eligible to receive under the program;
and''; and
(B) in subparagraph (C)--
(i) in clause (i), by inserting ``and a definition of each
type of institution'' before the semicolon;
(ii) by striking clause (v) and inserting the following:
``(v) the average total cost, the average tuition, the
average cost of room and board, the average cost and the
average fees to earn a certificate, and associate's degree, a
bachelor's degree, a postdoctoral degree, and any other
degree or credential the institution awards;'';
(iii) in clause (xii), by striking the period at the end
and inserting a semicolon; and
(iv) by adding at the end the following new clauses:
``(xiii) program, degree, and certificate completion rates,
disaggregated by individuals who are veterans, individuals
who are members of the Armed Forces, and individuals who are
neither veterans nor members of the Armed Forces;
``(xiv) transfer-out rates, disaggregated by individuals
who are veterans, individuals who are members of the Armed
Forces, and individuals who are neither veterans nor members
of the Armed Forces;
``(xv) credentials available and the average time for
completion of each credential;
``(xvi) employment rate and median income of graduates of
the institution in general, disaggregated by--
``(I) specific credential;
``(II) individuals who are veterans;
``(III) individuals who are members of the Armed Forces;
and
``(IV) individuals who are neither veterans nor members of
the Armed Forces;
``(xvii) percentage of individuals who received educational
assistance under this title to pursue a program of education
at the institution who did not earn a credential within six
years of commencing such program of education;
``(xviii) the median amount of debt incurred from a Federal
student loan made, insured, or guaranteed under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) by
an individual who pursued a program of education at the
institution with educational assistance under this title,
disaggregated by--
``(I) individuals who received a credential and individuals
who did not; and
``(II) individuals who are veterans, individuals who are
members of the Armed Forces, and individuals who are neither
veterans nor members of the Armed Forces;
``(xix) whether the institution participates in Federal
student aid programs, and if so, which programs;
``(xx) the average number of individuals enrolled in the
institution per year, disaggregated by--
``(I) individuals who are veterans;
``(II) individuals who are members of the Armed Forces; and
``(III) individuals who are neither veterans nor members of
the Armed Forces; and
``(xxi) a list of each civil settlement or finding
resulting from a Federal or State action in a court of
competent jurisdiction against the institution for violation
of a provision of Federal or State law that materially
affects the education provided at the institution or is the
result of illicit activity, including deceptive marketing or
misinformation provided to prospective students or current
enrollees.''.
(4) Clarity of information provided.--Paragraph (2) of such
subsection is amended--
(A) by inserting ``(A)'' before ``To the extent''; and
(B) by adding at the end the following new subparagraph:
``(B) The Secretary shall ensure that information provided
under subsection (b)(5) is provided in a manner that is easy
and accessible to individuals described in subsection (a),
especially with respect to information described in paragraph
(1)(C)(xxii).''.
(c) Improvements for Student Feedback.--
(1) In general.--Subsection (b)(2) of such section is
amended--
(A) by amending subparagraph (A) to read as follows:
``(A) providing institutions of higher learning up to 30-
days to review and respond to any feedback and address issues
regarding the feedback before the feedback is published'';
(B) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following new subparagraphs:
``(D) for each institution of higher learning that is
approved under this chapter, retains, maintains, and
publishes all of such feedback for the entire duration that
the institution of higher is approved under this chapter; and
``(E) is easily accessible to individuals described in
subsection (a) and to the general public..''.
(2) Accessibility from g.i. bill comparison tool.--The
Secretary shall ensure that--
(A) the feedback tracked and published under subsection
(b)(2) of such section, as amended by paragraph (1), is
prominently displayed in the tool maintained under subsection
(a) of this section; and
(B) when such tool displays information for an institution
of higher learning, the applicable feedback is also displayed
for such institution of higher learning.
(d) Training for Provision of Education Counseling
Services.--
(1) In general.--Not less than one year after the date of
the enactment of this Act, the Secretary shall ensure that
personnel employed or contracted by the Department of Veteran
Affairs to provide education benefits counseling, vocational
or transition assistance, or similar functions, including
employees or contractors of the Department who provide such
counseling or assistance as part of the Transition Assistance
Program, are trained on how--
(A) to use properly the tool maintained under subsection
(a); and
(B) to provide appropriate educational counseling services
to veterans, members of the Armed Forces, and other
individuals.
(2) Transition assistance program defined.--In this
subsection, the term ``Transition Assistance Program'' means
the program of counseling, information, and services under
section 1142 of title 10, United States Code.
SEC. ___. RESTORATION OF ENTITLEMENT TO VETERANS EDUCATIONAL
ASSISTANCE AND OTHER RELIEF FOR VETERANS
AFFECTED BY CIVIL ENFORCEMENT ACTIONS AGAINST
EDUCATIONAL INSTITUTIONS.
(a) In General.--Section 3699(b)(1) of title 38, United
States Code, is amended--
[[Page S7978]]
(1) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (B)(ii), by striking ``; and'' and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) a Federal or State civil enforcement action against
the education institution; or
``(D) an action taken by the Secretary; and''.
(b) Mechanism.--The Secretary of Veterans Affairs shall
establish a simple mechanism that can be used by an
individual described in subsection (b)(1) of section 3699 of
such title by reason of subparagraph (C) or (D) of such
subsection, as added by subsection (a)(3) of this section, to
obtain relief under section 3699(a) of such title.
(c) Partial Restoration of Entitlements.--Subsection (a) of
such section is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) in the matter before subparagraph (A), as redesignated
by paragraph (1), by striking ``Any payment'' and inserting
``(1) Subject to paragraph (2), any payment''; and
(3) by adding at the end the following new paragraph (2):
``(2) A payment of educational assistance described in
subsection (b) by reason of subparagraph (C) or (D) of
paragraph (1) of such subsection may be charged against the
entitlement to educational assistance of the individual
concerned--
``(A) if the individual requests such charge; and
``(B) to such percentage of charge as the individual may
specify, except that such percentage may not be less than
zero or more than 100.''.
(d) Conforming Amendments.--
(1) Section heading.--The heading for section 3699 of such
title is amended by striking ``or disapproval of educational
institution'' and inserting ``of, disapproval of, or civil
enforcement actions against educational institutions''.
(2) Subsection heading.--The heading for subsection (a) of
such section is amended by striking ``or Disapproval'' and
inserting ``, Disapproval, Civil Enforcement Actions, and
Other Actions by Secretary of Veterans Affairs''.
(3) Table of sections.--The table of sections at the
beginning of chapter 36 of such title is amended by striking
the item relating to section 3699 and inserting the following
new item:
``3699. Effects of closure of, disapproval of, or civil enforcement
actions against educational institutions.''.
______
SA 4468. Mr. WHITEHOUSE (for himself and Mr. Sullivan) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1054. REPORT ON SHARING OF ILLEGAL, UNREPORTED, AND
UNREGULATED (IUU) FISHING-RELATED INFORMATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Defense shall
submit to the congressional defense committees a report on
the ability and effectiveness of, and barriers to, the
Department of Defense related to the dissemination and
generation of IUU fishing-related information, particularly
related to the sharing of Department of Defense information
with other countries, State and local governments, and
private organizations.
(b) Elements.--The report required under subsection (a)
shall include--
(1) a description of the challenges resulting from, and
ways to overcome, classification and dissemination issues
related to the sharing of invaluable IUU fishing-related
information; and
(2) a description of the current and future planned use by
the Department of Defense of technology, including image
recognition algorithms, to combat IUU.
______
SA 4469. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in title X, insert the following:
SEC. ___. GOLD ACT.
(a) Short Title.--This section may be cited as the
``Guarantee Oversight and Litigation on Doping Act'' or the
``GOLD Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the punishment of Russia for persistent decades-long
state-run doping fraud by the international sport governance
structure has been insufficient and Russia's competing status
as ``ROC'' at Tokyo 2020 demonstrates to authoritarian states
around the world that systematic doping will be tolerated;
and
(2) aggressive enforcement of the Rodchenkov Anti-Doping
Act of 2019 (21 U.S.C. 2401 et seq.) can create the deterrent
required to curb doping fraud as the Foreign Corrupt
Practices Act of 1977 (15 U.S.C. 78dd-1 et seq.) curbed
foreign bribery and the Department of Justice and the Federal
Bureau of Investigation should prioritize enforcement of the
Rodchenkov Anti-Doping Act of 2019 (21 U.S.C. 2401 et seq.).
(c) Predicate Offenses.--Part I of title 18, United States
Code, is amended--
(1) in section 1956(c)(7)(D)--
(A) by striking ``or section 104(a)'' and inserting
``section 104(a)''; and
(B) by inserting after ``North Korea)'' the following: ``,
or section 3 of the Rodchenkov Anti-Doping Act of 2019 (21
U.S.C. 2402) (relating to prohibited activities with respect
to major international doping fraud conspiracies)''; and
(2) in section 1961(1)--
(A) by striking ``or (G) any act'' and inserting ``(G) any
act''; and
(B) by inserting after ``section 2332(b)(g)(5)(B)'' the
following: ``, or (H) any act that is indictable under
section 3 of the Rodchenkov Anti-Doping Act of 2019 (21
U.S.C. 2402)''.
(d) Limitation.--An athlete (as defined in section 2 of the
Rodchenkov Anti-Doping Act of 2019 (21 U.S.C. 2401)) may not
be prosecuted under section 1956 or chapter 96 of title 18,
United States Code, for any offense for which a violation of
section 3 of the Rodchenkov Anti-Doping Act of 2019 was the
predicate offense.
______
SA 4470. Mr. LANKFORD (for himself and Ms. Ernst) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 857. IMPLEMENTATION OF TRAFFICKING IN CONTRACTING
PROVISIONS.
(a) Requirement to Refer Violations to Agency Suspension
and Debarment Official.--Section 1704(c)(1) of the National
Defense Authorization Act for Fiscal Year 2013 (22 U.S.C.
7104b(c)(1)) is amended--
(1) by inserting ``refer the matter to the agency
suspension and debarment official and'' before ``consider
taking one of the following actions''; and
(2) by striking subparagraph (G).
(b) Report on Implementation of Trafficking in Contracting
Provisions.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of
Management and Budget shall submit to Congress a report on
implementation of title XVII of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
126 Stat. 2092).
______
SA 4471. Mr. PORTMAN (for himself and Mr. Brown) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XXXI, add the following:
SEC. 3157. TRANSFER OF BUILDING LOCATED AT 4170 ALLIUM COURT,
SPRINGFIELD, OHIO.
(a) In General.--The National Nuclear Security
Administration shall release all of its reversionary rights
without reimbursement to the building located at 4170 Allium
Court, Springfield, Ohio, also known as the Advanced
Technical Intelligence Center for Human Capital Development,
to the Community Improvement Corporation of Clark County and
the Chamber of Commerce.
(b) Fee Simple Interest.--The fee simple interest in the
property, on which the building described in subsection (a)
is located, shall be transferred from the Advanced Technical
Intelligence Center for Human Capital Development to the
Community Improvement Corporation of Clark County prior to or
concurrent with the release of the reversionary rights of the
National Nuclear Security Administration under subsection
(a).
______
SA 4472. Mr. BOOKER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr.
[[Page S7979]]
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 857. COMPLAINT PROCEDURES FOR PROHIBITION ON CRIMINAL
HISTORY INQUIRIES BY CONTRACTORS PRIOR TO
CONDITIONAL OFFER.
(a) Civilian Agency Contracts.--Section 4714(b) of title 41
United States Code, is amended--
(1) in subsection (b)--
(A) in the section heading, by striking ``complaint'' and
inserting ``investigative'';
(B) by striking ``Administrator of General Services'' and
inserting ``Secretary of Labor'';
(C) by striking ``submit to the Administrator'' and
inserting ``submit to the Secretary of Labor''; and
(D) by adding at the end the following: ``The Secretary of
Labor may also investigate compliance with subsection
(a)(1)(B) during the course of compliance evaluations
conducted pursuant to parts 60-1.20, 60-300.60, and 60-741.60
of title 41, Code of Federal Regulations. The Secretary of
Labor may publish such procedures by regulation, guidance, or
such other means which the Secretary deems appropriate.'';
and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``head of an executive agency determines''
and inserting ``Secretary of Labor, based upon the results of
a complaint investigation or compliance evaluation conducted
by the Secretary, determines'';
(ii) by striking ``such head'' and inserting ``the
Secretary''; and
(iii) in subparagraph (C), by striking ``warning'' and
inserting ``notice''; and
(B) in paragraph (2)--
(i) by striking ``head of an executive agency determines''
and inserting ``Secretary of Labor, based upon the results of
a complaint investigation or compliance evaluation conducted
by the Secretary determines'';
(ii) by striking ``such head'' and inserting ``the
Secretary'';
(iii) by inserting ``, as necessary'' after ``in
consultation with the relevant Federal agencies''; and
(iv) by amending subparagraph (C) to read as follows:
``(C) taking any of the actions authorized by section
202(7) of Executive Order 11246 (42 U.S.C. 2000e note;
relating to equal employment opportunity) and section 60-1.27
of title 41, Code of Federal Regulations.''.
(b) Defense Contracts.--Section 2339 of title 10, United
States Code, is amended--
(1) in subsection (b)--
(A) in the section heading, by striking ``complaint'' and
inserting ``investigative'';
(B) by striking ``Secretary of Defense'' and inserting
``Secretary of Labor''; and
(C) by adding at the end before the period the
following:``to the Secretary of Labor. The Secretary of Labor
may also investigate compliance with subsection (a)(1)(B)
during the course of compliance evaluations conducted
pursuant to parts 60-1.20, 60-300.60, and 60-741.60 of title
41, Code of Federal Regulations. The Secretary of Labor may
publish such procedures by regulation, guidance, or such
other means which the Secretary deems appropriate.''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Secretary of Defense determines'' and
inserting ``Secretary of Labor, based upon the results of a
complaint investigation or compliance evaluation conducted by
the Secretary, determines''; and
(ii) in subparagraph (C), by striking ``warning'' and
inserting ``notice''; and
(B) in paragraph (2)--
(i) by striking ``Secretary of Defense determines'' and
inserting ``Secretary of Labor, based upon the results of a
complaint investigation or compliance evaluation conducted by
the Secretary, determines'';
(ii) by inserting ``, as necessary'' after ``in
consultation with the relevant Federal agencies''; and
(iii) by amending subparagraph (C) to read as follows:
``(C) taking any of the actions authorized by section
202(7) of Executive Order 11246 (42 U.S.C. 2000e note;
relating to equal employment opportunity) and section 60-1.27
of title 41, Code of Federal Regulations.''.
(c) Effective Dates.--Section 1123 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 41
U.S.C. 4714 note, 10 U.S.C. 2339 note), is amended--
(1) in subsection (a)(3), by inserting ``on or after the
date that is two years'' after ``solicitations issued''; and
(2) in subsection (b)(2), by inserting ``on or after the
date that is two years'' after ``solicitations issued''.
______
SA 4473. Mr. BOOKER (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
Subtitle __--Equal Act
SEC. __01. SHORT TITLE.
This subtitle may be cited as the ``Eliminating a
Quantifiably Unjust Application of the Law Act'' or the
``EQUAL Act''.
SEC. __02. ELIMINATION OF INCREASED PENALTIES FOR COCAINE
OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE
BASE.
(a) Controlled Substances Act.--The following provisions of
the Controlled Substances Act (21 U.S.C. 801 et seq.) are
repealed:
(1) Clause (iii) of section 401(b)(1)(A) (21 U.S.C.
841(b)(1)(A)).
(2) Clause (iii) of section 401(b)(1)(B) (21 U.S.C.
841(b)(1)(B)).
(b) Controlled Substances Import and Export Act.--The
following provisions of the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.) are repealed:
(1) Subparagraph (C) of section 1010(b)(1) (21 U.S.C.
960(b)(1)).
(2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C.
960(b)(2)).
(c) Applicability to Pending and Past Cases.--
(1) Pending cases.--This section, and the amendments made
by this section, shall apply to any sentence imposed after
the date of enactment of this Act, regardless of when the
offense was committed.
(2) Past cases.--In the case of a defendant who, before the
date of enactment of this Act, was convicted or sentenced for
a Federal offense involving cocaine base, the sentencing
court may, on motion of the defendant, the Bureau of Prisons,
the attorney for the Government, or on its own motion, impose
a reduced sentence after considering the factors set forth in
section 3553(a) of title 18, United States Code.
______
SA 4474. Mr. COONS (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Accelerating Access to Critical Therapies for ALS
SEC. 1071. GRANTS FOR RESEARCH ON THERAPIES FOR ALS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
award grants to participating entities for purposes of
scientific research utilizing data from expanded access to
investigational drugs for individuals who are not otherwise
eligible for clinical trials for the prevention, diagnosis,
mitigation, treatment, or cure of amyotrophic lateral
sclerosis. In the case of a participating entity seeking such
a grant, an expanded access request must be submitted, and
allowed to proceed by the Secretary, under section 561 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) and
part 312 of title 21, Code of Federal Regulations (or any
successor regulations), before the application for such grant
is submitted.
(b) Application.--
(1) In general.--A participating entity seeking a grant
under this section shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary shall specify.
(2) Use of data.--An application submitted under paragraph
(1) shall include a description of how data generated through
an expanded access request under section 561 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) with respect
to the investigational drug involved will be used to support
research or development related to the prevention, diagnosis,
mitigation, treatment, or cure of amyotrophic lateral
sclerosis.
(3) Noninterference with clinical trials.--An application
submitted under paragraph (1) shall include a description of
how the proposed expanded access program will be designed so
as not to interfere with patient enrollment in ongoing
clinical trials for investigational therapies for the
prevention, diagnosis, mitigation, treatment, or cure of
amyotrophic lateral sclerosis.
(c) Selection.--Consistent with sections 406 and 492 of the
Public Health Service Act (42 U.S.C. 284a, 289a), the
Secretary shall, in determining whether to award a grant
under this section, confirm that--
(1) such grant will be used to support a scientific
research objective relating to the prevention, diagnosis,
mitigation, treatment, or cure of amyotrophic lateral
sclerosis (as described in subsection (a));
(2) such grant shall not have the effect of diminishing
eligibility for, or impeding enrollment of, ongoing clinical
trials for the
[[Page S7980]]
prevention, diagnosis, mitigation, treatment, or cure of
amyotrophic lateral sclerosis by determining that individuals
who receive expanded access to investigational drugs through
such a grant are not eligible for enrollment in--
(A) ongoing clinical trials that are registered on
ClinicalTrials.gov (or successor website), with respect to a
drug for the prevention, diagnosis, mitigation, treatment, or
cure of amyotrophic lateral sclerosis; or
(B) clinical trials for the prevention, diagnosis,
mitigation, treatment, or cure of amyotrophic lateral
sclerosis for which an exemption under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) has
been granted by the Food and Drug Administration and which
are expected to begin enrollment within one year; and
(3) the resulting project funded by such grant will allow
for equitable access to investigational drugs by minority and
underserved populations.
(d) Use of Funds.--A participating entity shall use funds
received through the grant--
(1) to pay the manufacturer or sponsor for the direct costs
of the investigational drug, as authorized under section
312.8(d) of title 21, Code of Federal Regulations (or
successor regulations), to prevent, diagnose, mitigate,
treat, or cure amyotrophic lateral sclerosis that is the
subject of an expanded access request described in subsection
(a), if such costs are justified as part of peer review of
the grant;
(2) for the entity's direct costs incurred in providing
such drug consistent with the research mission of the grant;
or
(3) for the direct and indirect costs of the entity in
conducting research with respect to such drug.
(e) Definitions.--In this section:
(1) The term ``participating entity'' means a participating
clinical trial site or sites sponsored by a small business
concern (as defined in section 3(a) of the Small Business Act
(15 U.S.C. 632(a)) that is the sponsor of a drug that is the
subject of an investigational new drug application under
section 505(i) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(i)) to prevent, diagnose, mitigate, treat, or
cure amyotrophic lateral sclerosis.
(2) The term ``participating clinical trial'' means a phase
3 clinical trial conducted pursuant to an exemption under
section 505(i) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(i)) or section 351(a) of the Public Health
Service Act (42 U.S.C. 262(a)) to investigate a drug intended
to prevent, diagnose, mitigate, treat, or cure amyotrophic
lateral sclerosis.
(3) The term ``participating clinical trial site'' means a
health care facility, or network of facilities, at which
patients participating in a participating clinical trial
receive an investigational drug through such trial.
(f) Sunset.--The Secretary may not award grants under this
section on or after September 30, 2026.
SEC. 1072. HHS PUBLIC-PRIVATE PARTNERSHIP FOR RARE
NEURODEGENERATIVE DISEASES.
(a) Establishment.--Not later than one year after the date
of enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall establish and implement a Public-Private Partnership
for Neurodegenerative Diseases between the National
Institutes of Health, the Food and Drug Administration, and
one or more eligible entities (to be known and referred to in
this section as the ``Partnership'') through cooperative
agreements, contracts, or other appropriate mechanisms with
such eligible entities, for the purpose of advancing the
understanding of neurodegenerative diseases and fostering the
development of treatments for amyotrophic lateral sclerosis
and other rare neurodegenerative diseases. The Partnership
shall--
(1) establish partnerships and consortia with other public
and private entities and individuals with expertise in
amyotrophic lateral sclerosis and other rare
neurodegenerative diseases for the purposes described in this
subsection;
(2) focus on advancing regulatory science and scientific
research that will support and accelerate the development and
review of drugs for patients with amyotrophic lateral
sclerosis and other rare neurodegenerative diseases; and
(3) foster the development of effective drugs that improve
the lives of people that suffer from amyotrophic lateral
sclerosis and other rare neurodegenerative diseases.
(b) Eligible Entity.--In this section, the term ``eligible
entity'' means an entity that--
(1) is--
(A) an institution of higher education (as such term is
defined in section 1001 of the Higher Education Act of 1965
(20 U.S.C. 1001)) or a consortium of such institutions; or
(B) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under
subsection (a) of such section;
(2) has experienced personnel with clinical and other
technical expertise in the field of biomedical sciences and
demonstrated connection to the patient population;
(3) demonstrates to the Secretary's satisfaction that the
entity is capable of identifying and establishing
collaborations between public and private entities and
individuals with expertise in neurodegenerative diseases,
including patients, in order to facilitate--
(A) development and critical evaluation of tools, methods,
and processes--
(i) to characterize neurodegenerative diseases and their
natural history;
(ii) to identify molecular targets for neurodegenerative
diseases; and
(iii) to increase efficiency, predictability, and
productivity of clinical development of therapies, including
advancement of rational therapeutic development and
establishment of clinical trial networks; and
(B) securing funding for the Partnership from Federal and
non-Federal governmental sources, foundations, and private
individuals; and
(4) provides an assurance that the entity will not accept
funding for a Partnership project from any organization that
manufactures or distributes products regulated by the Food
and Drug Administration unless the entity provides assurances
in its agreement with the Secretary that the results of the
project will not be influenced by any source of funding.
(c) Gifts.--
(1) In general.--The Partnership may solicit and accept
gifts, grants, and other donations, establish accounts, and
invest and expend funds in support of basic research and
research associated with phase 3 clinical trials conducted
with respect to investigational drugs that are the subjects
of expanded access requests under section 561 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb).
(2) Use.--In addition to any amounts appropriated for
purposes of carrying out this section, the Partnership may
use, without further appropriation, any funds derived from a
gift, grant, or other donation accepted pursuant to paragraph
(1).
SEC. 1073. ALS AND OTHER RARE NEURODEGENERATIVE DISEASE
ACTION PLAN.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Commissioner of Food and Drugs
shall publish on the website of the Food and Drug
Administration an action plan describing actions the Food and
Drug Administration intends to take during the 5-year period
following publication of the plan with respect to program
enhancements, policy development, regulatory science
initiatives, and other appropriate initiatives to--
(1) foster the development of safe and effective drugs that
improve or extend, or both, the lives of people living with
amyotrophic lateral sclerosis and other rare
neurodegenerative diseases; and
(2) facilitate access to investigational drugs for
amyotrophic lateral sclerosis and other rare
neurodegenerative diseases.
(b) Contents.--The initial action plan published under
subsection (a) shall--
(1) identify appropriate representation from within the
Food and Drug Administration to be responsible for
implementation of such action plan;
(2) include elements to facilitate--
(A) interactions and collaboration between the Food and
Drug Administration, including the review centers thereof,
and stakeholders including patients, sponsors, and the
external biomedical research community;
(B) consideration of cross-cutting clinical and regulatory
policy issues, including consistency of regulatory advice and
decision making;
(C) identification of key regulatory science and policy
issues critical to advancing development of safe and
effective drugs; and
(D) enhancement of collaboration and engagement of the
relevant centers and offices of the Food and Drug
Administration with other operating divisions within the
Department of Health and Human Services, the Partnership, and
the broader neurodegenerative disease community; and
(3) be subject to revision, as determined appropriate by
the Secretary of Health and Human Services.
SEC. 1074. FDA RARE NEURODEGENERATIVE DISEASE GRANT PROGRAM.
The Secretary of Health and Human Services, acting through
the Commissioner of Food and Drugs, shall award grants and
contracts to public and private entities to cover the costs
of research on, and development of interventions intended to
prevent, diagnose, mitigate, treat, or cure, amyotrophic
lateral sclerosis and other rare neurodegenerative diseases
in adults and children, including costs incurred with respect
to the development and critical evaluation of tools, methods,
and processes--
(1) to characterize such neurodegenerative diseases and
their natural history;
(2) to identify molecular targets for such
neurodegenerative diseases; and
(3) to increase efficiency and productivity of clinical
development of therapies, including through--
(A) the use of master protocols and adaptive and add-on
clinical trial designs; and
(B) efforts to establish new or leverage existing clinical
trial networks.
SEC. 1075. GAO REPORT.
Not later than 4 years after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report containing--
(1) with respect to grants awarded under the program
established under section 1071--
(A) an analysis of what is known about the impact of such
grants on research or development related to the prevention,
diagnosis,
[[Page S7981]]
mitigation, treatment, or cure of amyotrophic lateral
sclerosis; and
(B) data concerning such grants, including--
(i) the number of grants awarded;
(ii) the participating entities to whom grants were
awarded;
(iii) the value of each such grant;
(iv) a description of the research each such grant was used
to further;
(v) the number of patients who received expanded access to
an investigational drug to prevent, diagnose, mitigate,
treat, or cure amyotrophic lateral sclerosis under each
grant;
(vi) whether the investigational drug that was the subject
of such a grant was approved by the Food and Drug
Administration; and
(vii) the average number of days between when a grant
application is submitted and when a grant is awarded; and
(2) with respect to grants awarded under the program
established under section 1074--
(A) an analysis of what is known about the impact of such
grants on research or development related to the prevention,
diagnosis, mitigation, treatment, or cure of amyotrophic
lateral sclerosis;
(B) an analysis of what is known about how such grants
increased efficiency and productivity of the clinical
development of therapies, including through the use of
clinical trials that operated with common master protocols,
or had adaptive or add-on clinical trial designs; and
(C) data concerning such grants, including--
(i) the number of grants awarded;
(ii) the participating entities to whom grants were
awarded;
(iii) the value of each such grant;
(iv) a description of the research each such grant was used
to further; and
(v) whether the investigational drug that was the subject
of such a grant received approval by the Food and Drug
Administration.
SEC. 1076. AUTHORIZATION OF APPROPRIATIONS.
For purposes of carrying out this subtitle, there are
authorized to be appropriated $100,000,000 for each of fiscal
years 2022 through 2026.
______
SA 4475. Mr. ROMNEY submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1054. ENSURING GEOGRAPHIC DIVERSITY AND ACCESSIBILITY OF
PASSPORT AGENCIES.
(a) Review.--The Secretary of State shall conduct a review
of the geographic diversity of existing passport agencies to
identify--
(1) the geographic areas in the United States that are
farther than 6 hours driving distance from the nearest
passport agency;
(2) the per capita demand for passport services in the
areas described in paragraph (1); and
(3) a strategy to ensure that passport agencies are
accessible to all eligible Americans, including Americans
living outside of large population centers and in States with
a high per capita demand for passport services.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the Committee on Foreign Relations of the Senate,
the Committee on Appropriations of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
containing the findings of the review conducted pursuant to
subsection (a).
______
SA 4476. Mr. ROMNEY (for himself and Mr. Menendez) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ____. UNITED STATES GRAND STRATEGY WITH RESPECT TO
CHINA.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) The United States is in a new era of geostrategic and
geoeconomic competition with the People's Republic of China,
a great power that seeks to challenge international norms,
laws and institutions, and confront the United States across
diplomatic, economic, military, technological, and
informational domains.
(B) As it has during previous periods of great power
competition, the United States must articulate and refine its
grand strategy, including through rigorous testing of
assumptions and by drawing on expertise outside the United
States Government, to ensure its ultimate success, as well as
global peace, stability, and shared prosperity.
(C) Historically, presidents of the United States have used
different models for grand strategy development, including
the following efforts:
(i) In January 1950, President Truman requested an in-depth
report on the state of the world, actions taken by
adversaries of the United States, and the development of a
comprehensive national strategy, resulting in a paper
entitled ``United States Objectives and Programs for National
Security'', also known as NSC-68.
(ii) President Eisenhower utilized experts from both within
and outside the United States Government during Project
Solarium to produce NSC 162/2, a ``Statement of Policy by the
National Security Council on Basic National Security Policy''
in order to ``meet the Soviet Threat to U.S. security'' and
guide United States national security policy.
(iii) President Ford authorized the Team B project to draw
in experts from outside the United States Government to
question and strengthen the analysis of the Central
Intelligence Agency.
(iv) President Reagan approved the National Security
Decision Directive Number 75 in January 1983 to organize
United States strategy toward the Soviet Union in order to
clarify and orient United States policies toward specific
objectives vis a vis the Soviet Union.
(2) Sense of congress.--It is the sense of Congress that
the United States should draw upon previous successful models
of grand strategy to articulate a strategy that appropriately
addresses the evolving challenges and contours of the new era
of geostrategic and geoeconomic competition with the People's
Republic of China.
(b) United States Grand Strategy With Respect to China.--
(1) In general.--Not later than 30 days after the date on
which the President first submits to Congress a national
security strategy under section 108 of the National Security
Act of 1947 (50 U.S.C. 3043) after the date of the enactment
of this Act, the President shall commence developing a
comprehensive report that articulates the strategy of the
United States with respect to the People's Republic of China
(in this section referred to as the ``China Strategy'') that
builds on the work of such national security strategy.
(2) Submittal.--Not later than 270 days after the date on
which the President first submits to Congress a national
security strategy under section 108 of the National Security
Act of 1947 (50 U.S.C. 3043) after the date of the enactment
of this Act, the President shall submit to Congress the China
Strategy developed under paragraph (1).
(3) Form.--The China Strategy shall be submitted in
classified form and shall include an unclassified summary.
(c) Contents.--The China Strategy developed under
subsection (b) shall set forth the national security strategy
of the United States with respect to the People's Republic of
China and shall include a comprehensive description and
discussion of the following:
(1) The strategy of the People's Republic of China
regarding the military, economic, and political power of
China in the Indo-Pacific region and worldwide, including why
the People's Republic of China has decided on such strategy
and what the strategy means for the long-term interests,
values, goals, and objectives of the United States.
(2) The worldwide interests, values, goals, and objectives
of the United States as they relate to geostrategic and
geoeconomic competition with the People's Republic of China.
(3) The foreign and economic policy, worldwide commitments,
and national defense capabilities of the United States
necessary to deter aggression and to implement the national
security strategy of the United States as they relate to the
new era of competition with the People's Republic of China.
(4) How the United States will exercise the political,
economic, military, diplomatic, and other elements of its
national power to protect or advance its interests and values
and achieve the goals and objectives referred to in paragraph
(1).
(5) The adequacy of the capabilities of the United States
Government to carry out the national security strategy of the
United States within the context of new and emergent
challenges to the international order posed by the People's
Republic of China, including an evaluation--
(A) of the balance among the capabilities of all elements
of national power of the United States; and
(B) the balance of all United States elements of national
power in comparison to equivalent elements of national power
of the People's Republic of China.
(6) The assumptions and end-state or end-states of the
strategy of the United States globally and in the Indo-
Pacific region with respect to the People's Republic of
China.
(7) Such other information as the President considers
necessary to help inform Congress on matters relating to the
national security strategy of the United States with respect
to the People's Republic of China.
(d) Advisory Board on United States Grand Strategy With
Respect to China.--
(1) Establishment.--There is hereby established in the
executive branch a commission to be known as the ``Advisory
Board on United States Grand Strategy with respect to China''
(in this section referred to as the ``Board'').
[[Page S7982]]
(2) Purpose.--The purpose of the Board is to convene
outside experts to advise the President on development of the
China Strategy.
(3) Duties.--
(A) Review.--The Board shall review the current national
security strategy of the United States with respect to the
People's Republic of China, including assumptions,
capabilities, strategy, and end-state or end-states.
(B) Assessment and recommendations.--The Board shall
analyze the United States national security strategy with
respect to the People's Republic of China, including
challenging its assumptions and approach, and make
recommendations to the President for the China Strategy.
(C) Classified briefing.--Not later than 30 days after the
date on which the President submits the China Strategy to
Congress under subsection (b)(2), the Board shall provide to
Congress a classified briefing on its review, assessment, and
recommendations.
(4) Composition.--
(A) Recommendations.--Not later than 30 days after the date
on which the President first submits to Congress a national
security strategy under section 108 of the National Security
Act of 1947 (50 U.S.C. 3043) after the date of the enactment
of this Act, the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of
Representatives shall each provide to the President a list of
at not fewer than 10 candidates for membership on the Board,
at least 5 of whom shall be individuals in the private sector
and 5 of whom shall be individuals in academia or employed by
a nonprofit research institution.
(B) Membership.--The Board shall be composed of 9 members
appointed by the President as follows:
(i) The National Security Advisor or such other designee as
the President considers appropriate, such as the Asia
Coordinator from the National Security Council.
(ii) Four shall be selected from among individuals in the
private sector.
(iii) Four shall be selected from among individuals in
academia or employed by a nonprofit research institution.
(iv) Two members should be selected from among individuals
included in the list submitted by the majority leader of the
Senate under subparagraph (A), of whom--
(I) one should be selected from among individuals in the
private sector; and
(II) one should be selected from among individuals in
academia or employed by a nonprofit research institution.
(v) Two members should be selected from among individuals
included in the list submitted by the minority leader of the
Senate under subparagraph (A), of whom--
(I) one should be selected from among individuals in the
private sector; and
(II) one should be selected from among individuals in
academia or employed by a nonprofit research institution.
(vi) Two members should be selected from among individuals
included in the list submitted by the Speaker of the House of
Representatives under subparagraph (A), or whom--
(I) one should be selected from among individuals in the
private sector; and
(II) one should be selected from among individuals in
academia or employed by a nonprofit research institution.
(vii) Two members should be selected from among individuals
included in the list submitted by the minority leader of the
House of Representatives under subparagraph (A), of whom--
(I) one should be selected from among individuals in the
private sector; and
(II) one should be selected from among individuals in
academia or employed by a nonprofit research institution.
(C) Chairperson.--The Chairperson of the Board shall be the
member of the Board appointed under subparagraph (B)(i).
(D) Nongovernmental membership; period of appointment;
vacancies.--
(i) Nongovernmental membership.--Except in the case of the
Chairperson of the Board, an individual appointed to the
Board may not be an officer or employee of an instrumentality
of government.
(ii) Period of appointment.--Members shall be appointed for
the life of the Board.
(iii) Vacancies.--Any vacancy in the Board shall be filled
in the same manner as the original appointment.
(5) Deadline for appointment.--Not later than 60 days after
the date on which the President first submits to Congress a
national security strategy under section 108 of the National
Security Act of 1947 (50 U.S.C. 3043) after the date of the
enactment of this Act, the President shall--
(A) appoint the members of the Board pursuant to paragraph
(4); and
(B) submit to Congress a list of the members so appointed.
(6) Experts and consultants.--The Board is authorized to
procure temporary and intermittent services under section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the maximum
annual rate of basic pay under level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(7) Security clearances.--The appropriate Federal
departments or agencies shall cooperate with the Board in
expeditiously providing to the Board members and experts and
consultants appropriate security clearances to the extent
possible pursuant to existing procedures and requirements,
except that no person may be provided with access to
classified information under this Act without the appropriate
security clearances.
(8) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Board and any experts and
consultants consistent with all applicable statutes,
regulations, and Executive orders.
(9) Nonapplicability of certain requirements.--The Federal
Advisory Committee Act (5 U.S.C. App.) and section 552b of
title 5, United States Code (commonly known as the
``Government in the Sunshine Act''), shall not apply to the
Board.
(10) Uncompensated service.--A member of the Board who is
not an officer or employee of the Federal Government shall
serve without compensation.
(11) Cooperation from government.--In carrying out its
duties, the Board shall receive the full and timely
cooperation of the heads of relevant Federal departments and
agencies in providing the Board with analysis, briefings, and
other information necessary for the fulfillment of its
responsibilities.
(12) Termination.--The Board shall terminate on the date
that is 60 days after the date on which the President submits
the China Strategy to Congress under subsection (b)(2).
______
SA 4477. Mr. ROMNEY (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1216. SENSE OF CONGRESS ON ALLIES AND PARTNERS ASSISTING
EVACUATION FROM AFGHANISTAN.
It is the sense of Congress that--
(1) following the Afghan Taliban takeover of the Islamic
Republic of Afghanistan, Albania, Bahrain, Georgia, Germany,
Greece, Italy, Kosovo, Kuwait, North Macedonia, Norway,
Mexico, Qatar, Rwanda, Saudi Arabia, Spain, Sudan, Uganda,
Ukraine, the United Arab Emirates, the United Kingdom, and
the Self-Declared Independent Republic of Somaliland
responded to the United States' request for assistance in the
effort to evacuate and support thousands of United States
citizens, lawful permanent residents of the United States,
vulnerable Afghans, and their families; and
(2) the United States values the vital contributions of
these partners and allies to the evacuation effort and is
grateful for their support of this critical humanitarian
mission.
______
SA 4478. Mr. ROMNEY submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XIV, add the following:
SEC. 1424. REPORT ON DOMESTIC PROCESSING OF RARE EARTHS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
committees of Congress a report on domestic processing of
rare earths to achieve supply chain independence for the
United States Armed Forces and key allies and partners of the
United States.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An estimate of the annual demand for processed rare
earths for the United States Armed Forces and key allies and
partners of the United States.
(2) An outline of the necessary processed rare earths value
chain required to support the needs of the Department of
Defense.
(3) An assessment of gaps in the outline described in
paragraph (2) indicating where sufficient domestic capacity
already exists and where such capacity does not exist.
(4) An identification of any Federal funds, including any
funds made available under title III of the Defense
Production Act of 1950 (50 U.S.C. 4531 et seq.), currently
being deployed to support creation of domestic capacity to
address those gaps.
(5) An estimate of the additional capital investment
required to build and operate capacity to address those gaps.
(6) An estimate of the annual funding necessary for the
Department of Defense to procure domestically processed rare
earths sufficient to meet its annual needs, including
consideration of increased investments from private sector
capital.
[[Page S7983]]
(7) An estimate of the cost difference between the
Department of Defense sourcing rare earths processed in the
United States and sourcing rare earths on the open market.
(8) An identification of how the Department of Defense
would direct its weapon suppliers to use the domestically
processed rare earths.
(9) An assessment of what changes, if any, to authorities
under title III of the Defense Production Act of 1950 are
necessary to enter into a long-term offtake agreement to
contract for domestically processed rare earths.
(10) An assessment of the length of potential contracts
necessary for preventing the collapse of domestic processing
of rare earths in the case of price fluctuations from
increases in the People's Republic of China's export quota.
(11) Recommendations for international cooperation with
allies and partners to jointly reduce dependence on rare
earths processed in or by the People's Republic of China.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in classified form but shall include an
unclassified summary.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Energy and Natural Resources, the
Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(2) the Committee on Natural Resources, the Committee on
Armed Services, the Committee on Foreign Affairs, and the
Committee on Financial Services of the House of
Representatives.
______
SA 4479. Mr. ROMNEY submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. DEFENSE TRADE DIALOGUE TO PRIORITIZE AND EXPEDITE
TRANSFER OF DEFENSIVE ASYMMETRIC CAPABILITIES
TO TAIWAN.
The Secretary of State shall--
(1) not later than 60 days after the date on which the
report required under section 1245(c) is submitted, initiate
a defense trade dialogue with Taiwan with the goal of
prioritizing and expediting the transfer of defensive
asymmetric capabilities to Taiwan; and
(2) not later than 90 days after the date on which such
dialogue is initiated, and every 90 days thereafter, provide
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
with a briefing on the status of such dialogue.
______
SA 4480. Mr. ROMNEY submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1245 and insert the following:
SEC. 1245. ASSESSMENT OF AND PLAN FOR IMPROVING THE DEFENSIVE
ASYMMETRIC CAPABILITIES OF TAIWAN.
(a) Assessment.--
(1) In general.--The Secretary of Defense, in coordination
with the heads of other relevant Federal departments and
agencies, shall conduct an assessment of the defensive
asymmetric capabilities of Taiwan.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) An assessment of the current defensive asymmetric
capabilities of Taiwan and the ability of Taiwan to defend
itself from external conventional military threats, which
shall include--
(i) a description and assessment of the current defensive
asymmetric capabilities of Taiwan; and
(ii) a description of the defensive asymmetric capabilities
necessary for Taiwan to successfully alter scenarios and
likely outcomes with respect to a possible use of force by
the People's Republic of China against Taiwan, including the
estimated cost of such capabilities.
(B) An assessment of each of the following:
(i) The applicability of Department of Defense authorities
for improving the defensive asymmetric capabilities of Taiwan
in accordance with the Taiwan Relations Act (Public Law 96-8;
22 U.S.C. 3301 et seq.).
(ii) The options available to the Department to support the
defense budgeting and procurement process of Taiwan in a
manner that facilitates sustained investment in capabilities
aligned with the asymmetric defense strategy of Taiwan.
(iii) The feasibility and advisability, including the
estimated costs, of additional policy options to support the
enhancement of the defensive asymmetric capabilities of
Taiwan, including--
(I) assisting Taiwan in the domestic production of
defensive asymmetric capabilities, including through the
transfer of intellectual property, co-development, or co-
production arrangements; and
(II) establishing a permanent fund to support regular
investment by Taiwan in defensive asymmetric capabilities.
(iv) The plans, tactics, techniques, and procedures
underpinning the defensive asymmetric capabilities of Taiwan.
(v) The interoperability of current and future defensive
asymmetric capabilities of Taiwan with the military
capabilities of the United States and its allies and
partners.
(vi) Any other matter the Secretary considers appropriate.
(b) Plan.--The Secretary shall develop a plan for assisting
Taiwan in improving its defensive asymmetric capabilities
that includes--
(1) recommendations for new Department authorities, or
modifications to existing Department authorities, necessary
to improve the defensive asymmetric capabilities of Taiwan in
accordance with the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.);
(2) an identification of opportunities--
(A) for key leader and subject matter expert engagement
between Department personnel and military and civilian
counterparts in Taiwan; and
(B) to provide necessary support for the successful
deployment of defensive asymmetric capabilities by Taiwan,
including through appropriate training; and
(3) an identification of challenges and opportunities for
leveraging non-Department authorities, resources, and
capabilities to improve the defensive asymmetric capabilities
of Taiwan in accordance with the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3301 et seq.).
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the appropriate committees of Congress--
(1) a report on the results of the assessment required by
subsection (a); and
(2) the plan required by subsection (b).
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Defensive asymmetric capabilities.--The term
``defensive asymmetric capabilities'' means the capabilities
necessary to defend Taiwan against conventional external
threats, including coastal defense missiles, naval mines,
anti-aircraft capabilities, cyber defenses, and special
operations forces.
______
SA 4481. Mr. ROMNEY (for himself and Mr. Kelly) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. ENHANCING DEFENSIVE ASYMMETRIC CAPABILITIES OF
TAIWAN.
(a) Findings.--Congress finds the following:
(1) President Xi of the People's Republic of China has--
(A) declared that reunification of the People's Republic of
China and Taiwan must occur; and
(B) not excluded using force as a means to accomplish such
reunification.
(2) The People's Republic of China is taking aggressive
actions toward Taiwan through frequent air incursions,
including by sending 149 airplanes from the People's Republic
of China into the air defense zone of Taiwan from October 1
through October 4, 2021.
(3) The defense policy of the United States towards Taiwan
continues to be governed by the Taiwan Relations Act of 1979
(Public Law 96-8; 22 U.S.C. 3301 et seq.).
(b) Statement of Policy.--It is the policy of the United
States to support efforts by Taiwan to defend itself from
aggression and the potential use of force by the People's
Republic of China by enhancing its defensive asymmetric
capabilities.
(c) Assessment of Defensive Asymmetric Capabilities of
Taiwan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, the Director of
National Intelligence, and the head of any other Federal
department or agency the Secretary of Defense considers
appropriate, shall submit to the appropriate congressional
committees a report on the defensive
[[Page S7984]]
asymmetric capabilities of Taiwan and options for the United
States to enhance such capabilities.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A comprehensive description and assessment of scenarios
and likely outcomes with respect to a possible use of force
against Taiwan by the People's Republic of China, compiled
from existing descriptions and assessments from Federal
departments and agencies.
(B) An assessment of the defensive asymmetric capabilities
of Taiwan, including--
(i) a description and assessment of the current defensive
asymmetric capabilities of Taiwan; and
(ii) a description of the defensive asymmetric capabilities
necessary for Taiwan to successfully alter scenarios and
likely outcomes with respect to a possible use of force by
the People's Republic of China against Taiwan, including the
estimated cost of such capabilities.
(C) An assessment of options for the United States to
support Taiwan's defense budgeting and procurement process in
a manner that facilitates sustained investment in
capabilities aligned with the asymmetric defense strategy of
Taiwan, including--
(i) a review of technical advisory options for enhancing
defense budgeting across military services in Taiwan;
(ii) an evaluation of any administrative, institutional, or
personnel barrier, in the United States or Taiwan, to
implementing the options described in clause (i);
(iii) an evaluation of the most appropriate entities within
the Department of Defense to lead such options;
(iv) an evaluation of the appropriate entities within the
Ministry of National Defense of Taiwan and the National
Security Council of Taiwan to participate in such options;
and
(v) a description of additional personnel, resources, and
authorities in Taiwan or the United States that may be
required to implement such options.
(D) An assessment of the merits, including any potential
risks or costs, of other policy options to support the
enhancement of the defensive asymmetric capabilities of
Taiwan identified under subparagraph (B)(ii), including--
(i) assisting Taiwan in the domestic production of such
capabilities, including through the transfer of intellectual
property or co-development or co-production arrangements; and
(ii) establishing a permanent fund to support regular
investment by Taiwan in such capabilities.
(E) With respect to each element required by subparagraphs
(A) through (D), a description of any lack of consensus and
alternative views and analyses.
(d) Strategy for Engagement With Taiwan To Enhance
Defensive Asymmetric Capabilities.--Not later than 60 days
after the date on which the report required under subsection
(c) is submitted, the Secretary of Defense, in coordination
with the Secretary of State and the Director of National
Intelligence, shall submit to the appropriate congressional
committees a report detailing a strategy for engagement with
Taiwan to enhance the defensive asymmetric capabilities of
Taiwan, including--
(1) diplomatic and military engagement with Taiwan to
support the enhancement of the defensive asymmetric
capabilities identified under subsection (c)(2)(B)(ii); and
(2) support for the successful deployment of such
capabilities by Taiwan, including through necessary training.
(e) Increased Sales of Defensive Asymmetric Capabilities to
Taiwan.--Not later than 60 days after the date on which the
report required under subsection (d) is submitted, the
Secretary of State shall--
(1) initiate negotiations with Taiwan with the goal of
significantly increasing the sale to Taiwan of the defensive
asymmetric capabilities identified under subsection
(c)(2)(B)(ii); and
(2) every 180 days after the initiation of such
negotiations, brief the appropriate congressional committees
on the status of such negotiations.
(f) Form of Reports.--The reports required under this
section shall be submitted in classified form but may include
an unclassified annex.
(g) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Select Committee
on Intelligence, the Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, the Committee on Foreign Affairs,
and the Committee on Appropriations of the House of
Representatives.
______
SA 4482. Mr. HOEVEN (for himself, Mr. Cornyn, Mr. Cramer, Mr. Cotton,
Mr. Marshall, Mr. Romney, Mr. Tuberville, Mr. Scott of Florida, Mr.
Hawley, Mr. Inhofe, Mr. Graham, Mrs. Blackburn, Mr. Kennedy, Mr.
Tillis, Ms. Lummis, Mr. Daines, and Mr. Thune) submitted an amendment
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and
intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title XV, add the following:
SEC. 1548. PROHIBITION ON THE USE OF FUNDS TO REDUCE UNITED
STATES NUCLEAR FORCES.
(a) Prohibition.--None of the funds authorized to be
appropriated to the Department of Defense or the National
Nuclear Security Administration for any of fiscal years 2022
through 2027 may be obligated or expended to reduce--
(1) the total quantity of strategic delivery systems below
the quantity of such systems as of January 1, 2021;
(2) the quantity of deployed or non-deployed strategic
delivery systems below the quantities described as the
``Final New START Treaty Force Structure'' in the plan on the
implementation of the New START Treaty required by section
1042 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1575); or
(3) the size of the nuclear weapons stockpile below the
size of the stockpile as of January 1, 2021.
(b) Exceptions.--The prohibition under subsection (a) does
not apply to--
(1) reductions made to ensure the safety, security,
reliability, and credibility of the nuclear weapons stockpile
and strategic delivery systems, including activities related
to surveillance, assessment, certification, testing, and
maintenance of nuclear weapons and strategic delivery
systems;
(2) temporary reductions in the quantity of nuclear weapons
or deployed strategic delivery systems to facilitate the
fielding of modernized replacements;
(3) nuclear weapons that are retired or awaiting
dismantlement as of January 1, 2021; or
(4) reductions made pursuant to a treaty with respect to
which the Senate has provided its advice and consent pursuant
to article II, section 2, clause 2 of the Constitution of the
United States.
(c) Definitions.--In this section:
(1) New start treaty.--The term ``New START Treaty'' means
the Treaty between the United States of America and the
Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed on April 8,
2010, and entered into force on February 5, 2011.
(2) Strategic delivery system.--The term ``strategic
delivery system'' means any of the following:
(A) LGM-30G Minuteman III intercontinental ballistic
missiles and any associated reentry vehicles.
(B) Launch facilities for LGM-30G Minuteman III
intercontinental ballistic missiles, whether deployed or non-
deployed.
(C) Ohio-class fleet ballistic missile submarines.
(D) UGM-133 Trident II submarine-launched ballistic
missiles and any associated reentry vehicles.
(E) B-52H Stratofortress long-range heavy bombers.
(F) B-2A Spirit stealth bombers.
(G) AGM-86B air-launched cruise missiles.
______
SA 4483. Mr. WARNER (for himself, Mr. Rubio, Mrs. Feinstein, Mr.
Burr, Mr. Wyden, Mr. Risch, Mr. Heinrich, Ms. Collins, Mr. King, Mr.
Cotton, Mr. Bennet, Mr. Cornyn, Mr. Casey, Mrs. Gillibrand, and Mr.
Sasse) submitted an amendment intended to be proposed to amendment SA
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. DESIGNATION OF SENATOR ROY BLUNT GEOSPATIAL
LEARNING CENTER.
(a) Designation.--The Geospatial Learning Center in the
Next NGA West facility in St. Louis, Missouri, shall after
the date of the enactment of this Act be known and designated
as the ``Senator Roy Blunt Geospatial Learning Center''.
(b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
Geospatial Learning Center in the Next NGA West facility
referred to in subsection (a) shall be deemed to be a
reference to the ``Senator Roy Blunt Geospatial Learning
Center''.
______
SA 4484. Mr. LUJAN (for himself, Mr. Cruz, Mr. Heinrich, Mr. Booker,
and Mr. Menendez) submitted an amendment intended to be proposed by him
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction,
[[Page S7985]]
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title III, add the following:
SEC. 356. REPORT ON PROGRESS OF AIR FORCE REGARDING
CONTAMINATED REAL PROPERTY.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) certain property on or near Air Force facilities
located in the United States are contaminated with harmful
perfluorooctanoic acid and perfluorooctane sulfonate
chemicals;
(2) perfluorooctanoic acid and perfluorooctane sulfonate
contamination threatens the jobs, lives, and livelihoods of
citizens and livestock who live in contaminated areas;
(3) property owners, especially those facing severe
financial hardship, cannot wait any longer for the Air Force
to acquire contaminated property; and
(4) the Secretary of the Air Force should, in an
expeditious manner, use the authority under section 344 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 2701 note) to acquire
contaminated property, remediate or dispose of it pursuant to
Federal and State environmental laws, and provide relocation
assistance.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Air Force
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
progress of the Air Force in carrying out section 344 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 2701 note).
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a detailed description of any real property
contaminated by perfluorooctanoic acid and perfluorooctane
sulfonate by activities of the Air Force;
(B) a description of any progress made by the Secretary of
the Air Force to acquire and remediate or dispose of property
pursuant to Federal and State environmental laws or provide
relocation assistance pursuant to section 344 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 10 U.S.C. 2701 note); and
(C) if the Secretary of the Air Force has not acquired and
remediated or disposed of property pursuant to Federal and
State environmental laws or provided relocation assistance
pursuant to such section, an explanation of why not.
______
SA 4485. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. INFRASTRUCTURE TRANSACTION AND ASSISTANCE NETWORK.
(a) Authority.--The Secretary of State is authorized to
establish an initiative, to be known as the ``Infrastructure
Transaction and Assistance Network'', under which the
Secretary of State, in consultation with other relevant
Federal agencies, including those represented on the Global
Infrastructure Coordinating Committee, may carry out various
programs to advance the development of sustainable,
transparent, and high-quality infrastructure in the Indo-
Pacific region by--
(1) strengthening capacity-building programs to improve
project evaluation processes, regulatory and procurement
environments, and project preparation capacity of countries
that are partners of the United States in such development;
(2) providing transaction advisory services and project
preparation assistance to support sustainable infrastructure;
and
(3) coordinating the provision of United States assistance
for the development of infrastructure, including
infrastructure that utilizes United States-manufactured goods
and services, and catalyzing investment led by the private
sector.
(b) Transaction Advisory Fund.--As part of the
``Infrastructure Transaction and Assistance Network''
described under subsection (a), the Secretary of State is
authorized to provide support, including through the
Transaction Advisory Fund, for advisory services to help
boost the capacity of partner countries to evaluate contracts
and assess the financial and environmental impacts of
potential infrastructure projects, including through
providing services such as--
(1) legal services;
(2) project preparation and feasibility studies;
(3) debt sustainability analyses;
(4) bid or proposal evaluation; and
(5) other services relevant to advancing the development of
sustainable, transparent, and high-quality infrastructure.
(c) Strategic Infrastructure Fund.--
(1) In general.--As part of the ``Infrastructure
Transaction and Assistance Network'' described under
subsection (a), the Secretary of State is authorized to
provide support, including through the Strategic
Infrastructure Fund, for technical assistance, project
preparation, pipeline development, and other infrastructure
project support.
(2) Joint infrastructure projects.--Funds authorized for
the Strategic Infrastructure Fund should be used in
coordination with the Department of Defense, the
International Development Finance Corporation, like-minded
donor partners, and multilateral banks, as appropriate, to
support joint infrastructure projects in the Indo-Pacific
region.
(3) Strategic infrastructure projects.--Funds authorized
for the Strategic Infrastructure Fund should be used to
support strategic infrastructure projects that are in the
national security interest of the United States and
vulnerable to strategic competitors.
(d) Authorization of Appropriations.--There is authorized
to be appropriated, for each of fiscal years 2022 to 2026,
$75,000,000 to the Infrastructure Transaction and Assistance
Network, of which $20,000,000 is to be provided for the
Transaction Advisory Fund.
______
SA 4486. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, insert the
following:
SEC. 1283. LIMITATION ON UNITED STATES CONTRIBUTIONS TO
PEACEKEEPING OPERATIONS NOT AUTHORIZED BY THE
UNITED NATIONS SECURITY COUNCIL.
The United Nations Participation Act of 1945 (22 U.S.C. 287
et seq.) is amended by adding at the end the following new
section:
``SEC. 12. LIMITATION ON UNITED STATES CONTRIBUTIONS TO
PEACEKEEPING OPERATIONS NOT AUTHORIZED BY THE
UNITED NATIONS SECURITY COUNCIL.
``None of the funds authorized to be appropriated or
otherwise made available to pay assessed and other expenses
of international peacekeeping activities under this Act may
be made available for an international peacekeeping operation
that has not been expressly authorized by the United Nations
Security Council.''.
______
SA 4487. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. PROHIBITION ON USE OF FUNDS FOR THE ARAB GAS
PIPELINE.
(a) In General.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2022 may be obligated or expended to implement
any activity relating to the construction, repair,
restoration, or assessment of the Arab Gas Pipeline.
(b) Certification.--The Secretary of State may waive the
application of subsection (a) if, not less than 30 days
before the date on which an activity described in that
subsection is proposed to commence, the Secretary of State
certifies to the appropriate committees of Congress in
writing that the implementation of the activity does not--
(1) knowingly provide significant financial, material, or
technological support to, or involve knowingly engaging in a
significant transaction with--
(A) the Government of Syria (including any entity owned or
controlled by the Government of Syria) or a senior political
figure of the Government of Syria;
(B) a foreign person who is a military contractor
mercenary, a paramilitary force knowingly operating in a
military capacity inside Syria for, or on behalf of, the
Government of Syria, the Government of the Russian
Federation, or the Government of Iran; or
(C) a foreign person subject to sanctions pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) with respect to Syria or any other provision of law
that imposes sanctions with respect to Syria;
(2) knowingly involve the sale or provision of significant
goods, services, technology, information, or other forms of
support that significantly facilitate the maintenance,
repair, or expansion of the Government of Syria's domestic
production of natural gas, petroleum, or petroleum products,
including
[[Page S7986]]
pipelines that facilitate the transit of energy into
neighboring countries; or
(3) require a waiver under the Caesar Syria Civilian
Protection Act of 2019 (Public Law 116-92; 133 Stat. 2291; 22
U.S.C. 8791 note).
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate committees of Congress a report that--
(1) details United States efforts to work with other
governments in the region to develop a plan for the
distribution of gas supplies to Lebanon in a manner that
reduces Lebanon's dependence on Iran;
(2) assesses the extent to which alternatives to the Arab
Gas Pipeline were pursued and considered feasible;
(3) includes a comprehensive overview of the key sources of
Lebanon's gas supply before 2020;
(4) the response of the Administration to fuel from Iran
entering Lebanon, particularly amid reports that additional
vessels have departed Iran; and
(5) a list of entities involved in the production and
transport of fuel from Syria to Lebanon in 2020 and 2021.
(d) Appropriate Committees of Congress Defined.--The term
``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
______
SA 4488. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII of division A, add
the following:
SECTION 1216. RESTRICTIONS RELATING TO INTERNATIONAL
FINANCIAL INSTITUTION ASSISTANCE TO THE
TALIBAN.
(a) Findings.--Congress makes the following findings:
(1) In August 2021, in response to the Taliban's toppling
of the internationally recognized Government of Afghanistan,
and growing concerns over reported human rights abuses,
donors suspended foreign aid to Afghanistan, which accounts
for approximately 40 percent of Afghanistan's gross domestic
product.
(2) Among the donors referred to in paragraph (1) are
international financial institutions, such as the
International Monetary Fund, which froze the disbursement of
more than $400,000,000 in emergency currency reserves
allocated to Afghanistan because of concerns related to the
credibility and legitimacy of the Taliban rule.
(3) The World Bank, which has committed more than
$5,300,000,000 in reconstruction and development funding for
Afghanistan since 2002, similarly suspended funding for
projects in Afghanistan, citing concerns over how Taliban
rule would impact ``the county's development prospects,
especially for women''.
(4) Since Taliban rule in Afghanistan threatens vital gains
achieved in Afghanistan during the past 20 years,
particularly gains regarding the rule of law,
counterterrorism, and the rights of women and girls, it
should be denied credibility and international legitimacy on
the world stage.
(5) In April 2021, Secretary of State Antony Blinken
stated, ``I can say very clearly and categorically that an
Afghanistan that does not respect [the rights of women and
girls], that does not sustain the gains we've made, will be a
pariah.''.
(6) Despite the freeze in funding, the World Bank, along
with the rest of the international community--
(A) remains firmly committed to assisting the Afghan
people; and
(B) is ``exploring ways [through which the World Bank] can
remain engaged to preserve hard-won development gains and
continue to support the people of Afghanistan.''.
(b) Statement of Policy.--It is the policy of the United
States to oppose the extension of loans, guarantees, or other
financial or technical assistance to the Taliban, any agency
or instrumentality of the Government of Afghanistan that is
under the direction or control of the Taliban, or any member
of the Taliban until the Taliban has--
(1) publicly and privately broken all ties with other
terrorist groups, including al Qaeda;
(2) verifiably prevented the use of Afghanistan as a
platform for terrorist attacks against the United States or
against partners or allies of the United States, including by
denying terrorist groups--
(A) sanctuary space in Afghanistan;
(B) transit through Afghan territory; and
(C) the use of Afghanistan for terrorist training,
planning, or equipping;
(3) provided humanitarian actors with full, unimpeded
access to vulnerable populations throughout Afghanistan,
without interference or diversion;
(4) respected freedom of movement, including by
facilitating--
(A) the departure of foreign nationals, applicants for the
special immigrant visa program, and other at-risk Afghans by
air or land routes; and
(B) the safe, voluntary, and dignified return of displaced
persons; and
(5) supported the establishment of an inclusive government
of Afghanistan that respects the rule of law, press freedom,
and human rights, including the rights of women and girls.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives;
(D) the Committee on Appropriations of the House of
Representatives.
(2) International financial institution.--The term
``international finance institution'' includes--
(A) the International Monetary Fund;
(B) the International Bank for Reconstruction and
Development;
(C) the European Bank for Reconstruction and Development;
(D) the International Development Association;
(E) the International Finance Corporation;
(F) the Multilateral Investment Guarantee Agency;
(G) the African Development Bank;
(H) the African Development Fund;
(I) the Asian Development Bank;
(J) the Inter-American Development Bank;
(K) the Bank for Economic Cooperation and Development in
the Middle East and North Africa; and
(L) the Inter-American Investment Corporation.
(d) Restricting International Financial Institution
Assistance to the Taliban.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary of the Treasury should--
(A) instruct the United States Executive Director of the
World Bank Group to use the voice, vote, and influence of the
United States to oppose--
(i) the extension by the International Finance Corporation
of any loan, guarantee, or other financial or technical
assistance to--
(I) the Taliban;
(II) any agency or instrumentality of the Government of
Afghanistan under the direction or control of the Taliban; or
(III) any member of the Taliban; and
(ii) support by the International Finance Corporation of a
project that materially benefits the Taliban in Afghanistan;
(B) instruct the United States Executive Director of the
European Bank for Reconstruction and Development to use the
voice, vote, and influence of the United States to oppose--
(i) the extension by the Bank of any loan, guarantee, or
other financial or technical assistance to--
(I) the Taliban;
(II) any agency or instrumentality of the Government of
Afghanistan under the direction or control of the Taliban; or
(III) a member of the Taliban; or
(ii) support by the Bank of a project that materially
benefits the Taliban in Afghanistan; and
(C) instruct the United States Executive Directors of all
other international financial institutions, including the
International Monetary Fund, to work with other key donor
countries to develop a coherent policy approach that makes
all future engagements with and lending to the Taliban
contingent upon the Taliban--
(i) publicly and privately breaking all ties with other
terrorist groups, including al Qaeda;
(ii) verifiably preventing the use of Afghanistan as a
platform for terrorist attacks against the United States or
partners or allies of the United States, including by denying
terrorist groups--
(I) sanctuary space in Afghanistan;
(II) transit through Afghan territory; and
(III) the use of Afghanistan for terrorist training,
planning, or equipping;
(iii) providing humanitarian actors with full, unimpeded
access to vulnerable populations throughout Afghanistan,
without interference or diversion;
(iv) respecting freedom of movement, including by
facilitating--
(I) the departure of foreign nationals, applicants for the
special immigrant visa program, and other at-risk Afghans by
air or land routes; and
(II) the safe, voluntary, and dignified return of displaced
persons; and
(v) supporting the establishment of an inclusive Government
of Afghanistan that respects the rule of law, press freedom,
and human rights, including the rights of women and girls.
(2) Exception for humanitarian purposes.--The restrictions
under subparagraphs (A) and (B) of paragraph (1) shall not
apply with respect to transactions which are integral to the
provision of humanitarian assistance in Afghanistan.
(3) Termination.--Paragraph (1) shall not apply on or after
the date that is 30 days after date on which the President
determines and certifies to the appropriate congressional
committees that the Taliban has complied with all of the
conditions set forth in subsection (b).
[[Page S7987]]
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter until
the restrictions under subsection (d)(1) are terminated
pursuant to subsection (d)(3), the Secretary of the Treasury
and the Secretary of State, after consultation with the
Secretary of Defense, shall jointly submit a report to the
appropriate congressional committees that describes--
(1) the efforts of the United States Executive Directors of
international financial institutions to comply with their
respective responsibilities under subsection (d)(1);
(2) the status of the Taliban's adherence to international
human rights principles that are recognized by the United
States; and
(3) the degree to which the Taliban has met its commitments
under the peace agreement signed by the United States and the
Taliban in Doha, Qatar on February 29, 2020.
______
SA 4489. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. __. AUTHORITY TO ENTER INTO A COOPERATIVE AGREEMENT TO
PROTECT CIVILIANS IN SAUDI ARABIA AND THE
UNITED ARAB EMIRATES FROM WEAPONIZED UNMANNED
AERIAL SYSTEMS.
(a) Findings.--Congress makes the following findings:
(1) The Houthis in Yemen have significantly intensified the
number of cross-border strikes against the Kingdom of Saudi
Arabia since January 2021, using a combination of
increasingly sophisticated Unmanned Ariel Vehicles (UAVs) and
cruise missiles to target civilian infrastructure, bases,
commercial shipping, and major population centers across the
Kingdom with unprecedented frequency.
(2) The United Nations has noted the Houthis have deployed
extended long-range UAVs with the capacity to strike deep
into Saudi Arabia and the United Arab Emirates since at least
January 2018.
(3) Between January and April 2021, the Houthis launched
upward of 150 UAVs into Saudi Arabia, threatening the Kingdom
of Saudi Arabia's sovereignty and security, as well as the
lives of more than 70,000 United States nationals living
there.
(4) Houthi spokesperson Yahya Sarea responded to a
realistic peace proposal presented by the Kingdom of Saudi
Arabia, in March 2021, by threatening ``to carry out stronger
and harsher military attacks in the coming period.''.
(5) United States Government officials, including Special
Envoy Timothy Lenderking, have publically underscored the
crucial role the Government of Iran plays in driving this
growing and continuous threat that emanates from the Houthis
in Yemen.
(6) According to United States officials and United Nations
experts, the Government of Iran, alongside its Lebanese
proxy, Hezbollah, are providing sophisticated weapons systems
and military training to the Houthis, including technical
assistance on the development and employment of UAVs and
ballistic missiles.
(7) The Houthi rebels have also made significant advances
in their domestic military industrial capacity in recent
years, drawing on Iranian sourced components, including
guidance systems to develop several new advanced platforms
like the Burkan medium range ballistic missile and the Sammad
drone series that have extend the Houthi's reach deep into
Saudi Arabia.
(8) The Houthi's growing arsenal of increasingly
sophisticated drones, and ballistic missiles, and cruise
missiles pose a direct threat to United States interests,
particularly as relates to regional security, the safety of
United States nationals, and the trajectory of United
Nations-led peace talks.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should improve cooperation with
allies and likeminded partners to systematically map out,
expose, and disrupt missile and drone procurement networks
used by the Iran-backed Houthi rebels in Yemen;
(2) the partner countries of the United States in the
Arabian Peninsula face urgent and emerging threats from
unmanned aerial systems and other unmanned aerial vehicles;
(3) joint research and development to counter unmanned
aerial systems will serve the national security interests of
the United States and its partners in the Arabian Peninsula;
(4) development of counter Unmanned Aircraft Systems (UAS)
technology will reduce the impacts of these attacks, build
deterrence, and increase regional stability;
(5) the United States and partners in the Arabian Peninsula
should continue to work together to protect United States
citizens and personnel in the Middle East and civilians in
the Arabian Peninsula in the face of the threat from unmanned
aerial systems; and
(6) the United States Government should use all leverage at
its disposal to pressure the Houthis to de-escalate cross
border attacks, cease their offensive in Marib, and
meaningfully engage in United Nations-led peace talks.
(c) Authority to Enter Into Agreement.--
(1) In general.--The President is authorized to enter into
a cooperative project agreement with countries in the Arabian
Peninsula under the authority of section 27 of the Arms
Export Control Act (22 U.S.C. 2767) to carry out research on
and development, testing, evaluation, and joint production
(including follow-on support) of defense articles and defense
services to detect, track, and destroy armed unmanned aerial
systems that threaten the United States and its partners in
the Arabian Peninsula.
(2) Applicable requirements.--The cooperative project
agreement described in paragraph (1)--
(A) shall provide that any activities carried out pursuant
to the agreement are subject to--
(i) the applicable requirements described in subparagraphs
(A), (B), and (C) of section 27(b)(2) of the Arms Export
Control Act; and
(ii) any other applicable requirements of the Arms Export
Control Act with respect to the use, transfer, and security
of such defense articles and defense services under that Act;
and
(B) shall establish a framework to negotiate the rights to
intellectual property developed under the agreement.
(d) Rule of Construction With Respect to Use of Military
Force.--Nothing in this section may be construed as an
authorization for the use of military force.
(e) Arabian Peninsula Defined.--In this section, the term
``Arabian Peninsula'' means Bahrain, Kuwait, Oman, Qatar,
Saudi Arabia, the United Arab Emirates, and Yemen.
______
SA 4490. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. AUTHORIZATION OF APPROPRIATIONS FOR COUNTERING
CHINESE INFLUENCE FUND.
(a) Countering Chinese Influence Fund.--There is authorized
to be appropriated $300,000,000 for each of fiscal years 2022
through 2026 for the Countering Chinese Influence Fund to
counter the malign influence of the Chinese Communist Party
globally. Amounts appropriated pursuant to this authorization
are authorized to remain available until expended and shall
be in addition to amounts otherwise authorized to be
appropriated to counter such influence.
(b) Consultation Required.--The obligation of funds
appropriated or otherwise made available to counter the
malign influence of the Chinese Communist Party globally
shall be subject to prior consultation with, and consistent
with section 634A of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1), the regular notification procedures of--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(c) Policy Guidance, Coordination, and Approval.--
(1) Coordinator.--The Secretary of State shall designate an
existing senior official of the Department at the rank of
Assistant Secretary or above to provide policy guidance,
coordination, and approval for the obligation of funds
authorized pursuant to subsection (a).
(2) Duties.--The senior official designated pursuant to
paragraph (1) shall be responsible for--
(A) on an annual basis, the identification of specific
strategic priorities for using the funds authorized to be
appropriated by subsection (a), such as geographic areas of
focus or functional categories of programming that funds are
to be concentrated within, consistent with the national
interests of the United States and the purposes of this
division;
(B) the coordination and approval of all programming
conducted using the funds authorized to be appropriated by
subsection (a), based on a determination that such
programming directly counters the malign influence of the
Chinese Communist Party, including specific activities or
policies advanced by the Chinese Communist Party, pursuant to
the strategic objectives of the United States, as established
in the 2017 National Security Strategy, the 2018 National
Defense Strategy, and other relevant national and regional
strategies as appropriate;
(C) ensuring that all programming approved bears a
sufficiently direct nexus to such acts by the Chinese
Communist Party described in subsection (d) and adheres to
the requirements outlined in subsection (e); and
[[Page S7988]]
(D) conducting oversight, monitoring, and evaluation of the
effectiveness of all programming conducted using the funds
authorized to be appropriated by subsection (a) to ensure
that it advances United States interests and degrades the
ability of the Chinese Communist Party, to advance activities
that align with subsection (d) of this section.
(3) Interagency coordination.--The senior official
designated pursuant to paragraph (1) shall, in coordinating
and approving programming pursuant to paragraph (2), seek
to--
(A) conduct appropriate interagency consultation; and
(B) ensure, to the maximum extent practicable, that all
approved programming functions in concert with other Federal
activities to counter the malign influence and activities of
the Chinese Communist Party.
(4) Assistant coordinator.--The Administrator of the United
States Agency for International Development shall designate a
senior official at the rank of Assistant Administrator or
above to assist and consult with the senior official
designated pursuant to paragraph (1).
(d) Malign Influence.--In this section, the term ``malign
influence'' with respect to the Chinese Communist Party
should be construed to include acts conducted by the Chinese
Communist Party or entities acting on its behalf that--
(1) undermine a free and open international order;
(2) advance an alternative, repressive international order
that bolsters the Chinese Communist Party's hegemonic
ambitions and is characterized by coercion and dependency;
(3) undermine the national security or sovereignty of the
United States or other countries; or
(4) undermine the economic security of the United States or
other countries, including by promoting corruption.
(e) Countering Malign Influence.--In this section,
countering malign influence through the use of funds
authorized to be appropriated by subsection (a) shall include
efforts to--
(1) promote transparency and accountability, and reduce
corruption, including in governance structures targeted by
the malign influence of the Chinese Communist Party;
(2) support civil society and independent media to raise
awareness of and increase transparency regarding the negative
impact of activities related to the Belt and Road Initiative
and associated initiatives;
(3) counter transnational criminal networks that benefit,
or benefit from, the malign influence of the Chinese
Communist Party;
(4) encourage economic development structures that help
protect against predatory lending schemes, including support
for market-based alternatives in key economic sectors, such
as digital economy, energy, and infrastructure;
(5) counter activities that provide undue influence to the
security forces of the People's Republic of China;
(6) expose misinformation and disinformation of the Chinese
Communist Party's propaganda, including through programs
carried out by the Global Engagement Center; and
(7) counter efforts by the Chinese Communist Party to
legitimize or promote authoritarian ideology and governance
models.
______
SA 4491. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII of division A, add
the following:
SEC. 1253. ANNUAL REVIEW ON THE PRESENCE OF CHINESE COMPANIES
IN UNITED STATES CAPITAL MARKETS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(F) the Committee on Financial Services of the House of
Representatives.
(2) PRC.--The term ``PRC'' means the People's Republic of
China.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary of State, in consultation
with the Director of National Intelligence and the Secretary
of the Treasury, shall submit an unclassified report to the
appropriate committees of Congress that describes the risks
posed to the United States by the presence in United States
capital markets of companies incorporated in the PRC.
(2) Matters to be included.--The report required under
paragraph (1) shall--
(A) identify companies incorporated in the PRC that--
(i) are listed or traded on at least 1 stock exchange
within the United States, including over-the-counter market
and ``A Shares'' added to indexes and exchange-traded funds
out of mainland exchanges in the PRC; and
(ii) based on the factors for consideration described in
paragraph (3), have knowingly and materially contributed to--
(I) activities that undermine United States national
security;
(II) serious abuses of internationally recognized human
rights; or
(III) a substantially increased financial risk exposure for
United States-based investors;
(B) describe the activities of the companies identified
pursuant to subparagraph (A), and the implications of such
activities for the United States; and
(C) develop policy recommendations for the Federal
Government, State governments, United States financial
institutions, United States equity and debt exchanges, and
other relevant stakeholders to address the risks posed by the
presence in United States capital markets of the companies
identified pursuant to subparagraph (A).
(3) Factors for consideration.--In completing the report
under paragraph (1), the Secretary of State shall consider
whether a company identified pursuant to paragraph (2)(A)--
(A) has materially contributed to the development or
manufacture, or sold or facilitated procurement by the
People's Liberation Army of the PRC, of lethal military
equipment or component parts of such equipment;
(B) has contributed to the construction and militarization
of features in the South China Sea;
(C) has been sanctioned by the United States or has been
determined to have conducted business with sanctioned
entities;
(D) has engaged in an act or a series of acts of
intellectual property theft;
(E) has engaged in corporate or economic espionage;
(F) has contributed to the proliferation of nuclear or
missile technology in violation of United Nations Security
Council resolutions or United States sanctions;
(G) has contributed to the repression of religious and
ethnic minorities within the PRC, including in Xinjiang
Uyghur Autonomous Region or Tibet Autonomous Region;
(H) has contributed to the development of technologies that
enable censorship directed or directly supported by the PRC
government;
(I) has failed to comply fully with Federal securities laws
(including required audits by the Public Company Accounting
Oversight Board) and ``material risk'' disclosure
requirements of the Securities and Exchange Commission; or
(J) has contributed to other activities or behavior
determined to be relevant by the Secretary of State.
(c) Report Form.--The report required under subsection
(b)(1) shall be submitted in unclassified form, but may
include a classified annex.
(d) Publication.--The unclassified portion of the report
required under subsection (b)(1) shall be made accessible to
the public online through relevant United States Government
websites.
______
SA 4492. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. STATEMENT OF POLICY ON INDO-PACIFIC REGION.
It shall be the policy of the United States to--
(1) prioritize the Indo-Pacific region in United States
foreign policy, and prioritize resources for achieving United
States political and military objectives in the region;
(2) exercise freedom of operations in the international
waters and airspace in the Indo-Pacific maritime domains,
which are critical to the prosperity, stability, and security
of the Indo-Pacific region;
(3) maintain forward-deployed forces in the Indo-Pacific
region, including a rotational bomber presence, integrated
missile defense capabilities, long-range precision fires,
undersea warfare capabilities, and diversified and resilient
basing and rotational presence, including support for pre-
positioning strategies;
(4) strengthen and deepen the alliances and partnerships of
the United States to build capacity and capabilities,
increase multilateral partnerships, modernize communications
architecture, address anti-access and area denial challenges,
and increase joint exercises and security cooperation
efforts;
[[Page S7989]]
(5) reaffirm the commitment and support of the United
States for allies and partners in the Indo-Pacific region,
including longstanding United States policy regarding--
(A) Article V of the Treaty of Mutual Cooperation and
Security between the United States and Japan, signed at
Washington January 19, 1960;
(B) Article III of the Mutual Defense Treaty between the
United States and the Republic of Korea, signed at Washington
October 1, 1953;
(C) Article IV of the Mutual Defense Treaty between the
United States and the Republic of the Philippines, signed at
Washington August 30, 1951, including that, as the South
China Sea is part of the Pacific, any armed attack on
Philippine forces, aircraft or public vessels in the South
China Sea will trigger mutual defense obligations under
Article IV of our mutual defense treaty;
(D) Article IV of the Australia, New Zealand, United States
Security Treaty, done at San Francisco September 1, 1951; and
(E) the Southeast Asia Collective Defense Treaty, done at
Manila September 8, 1954, together with the Thanat-Rusk
Communique of 1962;
(6) collaborate with United States treaty allies in the
Indo-Pacific to foster greater multilateral security and
defense cooperation with other regional partners;
(7) ensure the continuity of operations by the United
States Armed Forces in the Indo-Pacific region, including, as
appropriate, in cooperation with partners and allies, in
order to reaffirm the principle of freedom of operations in
international waters and airspace in accordance with
established principles and practices of international law;
(8) sustain the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.) and the ``Six Assurances'' provided by
the United States to Taiwan in July 1982 as the foundations
for United States-Taiwan relations, and to deepen, to the
fullest extent possible, the extensive, close, and friendly
relations of the United States and Taiwan, including
cooperation to support the development of capable, ready, and
modern forces necessary for the defense of Taiwan;
(9) enhance security partnerships with India, across
Southeast Asia, and with other nations of the Indo-Pacific;
(10) deter acts of aggression or coercion by the People's
Republic of China against United States and allies'
interests, especially along the First Island Chain and in the
Western Pacific, by showing People's Republic of China
leaders that the United States can and is willing to deny
them the ability to achieve their objectives, including by--
(A) consistently demonstrating the political will of the
United States to deepening existing treaty alliances and
growing new partnerships as a durable, asymmetric, and
unmatched strategic advantage to the People's Republic of
China's growing military capabilities and reach;
(B) maintaining a system of forward-deployed bases in the
Indo-Pacific region as the most visible sign of United States
resolve and commitment to the region, and as platforms to
ensure United States operational readiness and advance
interoperability with allies and partners;
(C) adopting a more dispersed force posture throughout the
region, particularly the Western Pacific, and pursuing
maximum access for United States mobile and relocatable
launchers for long-range cruise, ballistic, and hypersonic
weapons throughout the Indo-Pacific region;
(D) fielding long-range, precision-strike networks to
United States and allied forces, including ground-launched
cruise missiles, under sea and naval capabilities, and
integrated air and missile defense in the First Island Chain
and the Second Island Chain, in order to deter and prevent
People's Republic of China coercion and aggression, and to
maximize the United States ability to operate;
(E) strengthening extended deterrence to ensure that
escalation against key United States interests would be
costly, risky, and self defeating; and
(F) collaborating with allies and partners to accelerate
their roles in more equitably sharing the burdens of mutual
defense, including through the acquisition and fielding of
advanced capabilities and training that will better enable
them to repel People's Republic of China aggression or
coercion; and
(11) maintain the capacity of the United States to impose
prohibitive diplomatic, economic, financial, reputational,
and military costs on the People's Republic of China for acts
of coercion or aggression, including to defend itself and its
allies regardless of the point of origin of attacks against
them.
______
SA 4493. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. REPORT ON CAPABILITY DEVELOPMENT OF INDO-PACIFIC
ALLIES AND PARTNERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State should expand and strengthen
existing measures under the United States Conventional Arms
Transfer Policy to provide capabilities to allies and
partners consistent with agreed-on division of responsibility
for alliance roles, missions and capabilities, prioritizing
allies and partners in the Indo-Pacific region in accordance
with United States strategic imperatives;
(2) the United States should design for export to Indo-
Pacific allies and partners capabilities critical to
maintaining a favorable military balance in the region,
including long-range precision fires, air and missile defense
systems, anti-ship cruise missiles, land attack cruise
missiles, conventional hypersonic systems, intelligence,
surveillance, and reconnaissance capabilities, and command
and control systems;
(3) the United States should pursue, to the maximum extent
possible, anticipatory technology security and foreign
disclosure policy on the systems described in paragraph (2);
and
(4) the Secretary of State, in coordination with the
Secretary of Defense, should--
(A) urge allies and partners to invest in sufficient
quantities of munitions to meet contingency requirements and
avoid the need for accessing United States stocks in wartime;
and
(B) cooperate with allies to deliver such munitions, or
when necessary, to increase allies' capacity to produce such
munitions.
(b) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to
the appropriate committees of Congress a report that
describes United States priorities for building more capable
security partners in the Indo-Pacific region.
(2) Matters to be included.--The report required under
paragraph (1) shall--
(A) provide a priority list of defense and military
capabilities that Indo-Pacific allies and partners must
possess for the United States to be able to achieve its
military objectives in the Indo-Pacific region;
(B) identify, from the list referred to in subparagraph
(A), the capabilities that are best provided, or can only be
provided, by the United States;
(C) identify--
(i) actions required to prioritize United States Government
resources and personnel to expedite fielding the capabilities
identified in subparagraph (B); and
(ii) steps needed to fully account for and a plan to
integrate all means of United States foreign military sales,
direct commercial sales, security assistance, and all
applicable authorities of the Department of State and the
Department of Defense;
(D) assess the requirements for United States security
assistance, including International Military Education and
Training, in the Indo-Pacific region, as a part of the means
to deliver critical partner capability requirements
identified in subparagraph (B);
(E) assess the resources necessary to meet the requirements
for United States security assistance, and identify resource
gaps;
(F) assess the major obstacles to fulfilling requirements
for United States security assistance in the Indo-Pacific
region, including resources and personnel limits, foreign
legislative and policy barriers, and factors related to
specific partner countries;
(G) identify limitations on the ability of the United
States to provide such capabilities, including those
identified under subparagraph (B), because of existing United
States treaty obligations, United States policies, or other
regulations;
(H) recommend improvements to the process for developing
requirements for United States partner capabilities; and
(I) identify required jointly agreed recommendations for
infrastructure and posture, based on any ongoing mutual
dialogues.
(3) Form.--The report required under this subsection shall
be unclassified, but may include a classified annex.
______
SA 4494. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII of division A, add
the following:
SEC. 1253. INCREASING DEPARTMENT OF STATE PERSONNEL AND
RESOURCES DEVOTED TO THE INDO-PACIFIC REGION.
(a) Findings.--Congress makes the following findings:
(1) In fiscal year 2020, the Department of State allocated
$1,500,000,000 to the Indo-Pacific region in bilateral and
regional foreign
[[Page S7990]]
assistance resources, including as authorized by section
201(b) of the Asia Reassurance Initiative Act of 2018 (Public
Law 115-409; 132 Stat. 5391), and $798,000,000 in the
diplomatic engagement budget. These amounts represent only 5
percent of the diplomatic engagement budget and only 4
percent of the combined Department of State and United States
Agency for International Development budget.
(2) Between fiscal years 2017 through 2021, the diplomatic
engagement budget and personnel levels in the Indo-Pacific
region averaged only 5 percent of the total Department of
States budget, while foreign assistance resources averaged
only 4 percent of the total resources committed worldwide.
(3) In 2020, the Department of State began a process to
realign certain positions at posts to ensure that its
personnel footprint matches the demands of great-power
competition, including in the Indo-Pacific region.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the size of the United States diplomatic corps must be
sufficient to meet the current and emerging challenges of the
21st century, including those posed by the People's Republic
of China in the Indo-Pacific region and elsewhere;
(2) increases in the diplomatic corps must be designed to
meet the objectives of an Indo-Pacific strategy focused on
strengthening the good governance and sovereignty of states
that adhere to and uphold the rules-based international
order; and
(3) increase in the diplomatic corps must be implemented
with a focus on increased numbers of economic, political, and
public diplomacy officers, representing a cumulative increase
of at least 200 foreign service officer generalists--
(A) to advance free, fair, and reciprocal trade and open
investment environments for United States companies, and
engaged in increased commercial diplomacy in key markets;
(B) to better articulate and explain United States
policies;
(C) to strengthen civil society and democratic principles;
(D) to enhance reporting on the People's Republic of
China's global activities;
(E) to promote people-to-people exchanges;
(F) to advance United States' influence in the Indo-Pacific
region; and
(G) to increase capacity at small- and medium-sized
embassies and consulates in the Indo-Pacific region and in
other regions around the world, as necessary.
(c) Statement of Policy.--It shall be the policy of the
United States--
(1) to ensure that Department of State funding levels and
its personnel footprint in the Indo-Pacific region reflect
the region's high degree of importance and its significance
to United States political, economic, and security interests;
(2) to increase diplomatic engagement and foreign
assistance funding and the quantity of personnel dedicated to
the Indo-Pacific region respective to the Department of
State's total budget; and
(3) to increase the number of resident Defense attaches in
the Indo-Pacific region, particularly in locations where the
People's Republic of China has a resident military attache
and the United States does not have a resident military
attache, to ensure coverage at all appropriate posts.
(d) Action Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit an action plan to the appropriate committees of
Congress that--
(1) identifies requirements to advance United States
strategic objectives in the Indo-Pacific region and the
personnel and budgetary resources needed to meet such
objectives, assuming an unconstrained resource environment;
(2) includes a plan for increasing the portion of the
Department of State's budget that is dedicated to the Indo-
Pacific region in terms of diplomatic engagement and foreign
assistance focused on development, economic, and security
assistance;
(3) includes a plan for increasing the number of positions
at posts in the Indo-Pacific region and bureaus with
responsibility for the Indo-Pacific region, including--
(A) a description of increases at each post or bureau;
(B) a breakdown of increases by cone; and
(C) a description of how such increases in personnel will
advance United States strategic objectives in the Indo-
Pacific region;
(4) defines concrete and annual benchmarks that the
Department of State will meet in implementing the action
plan; and
(5) describes any barriers to implementing the action plan.
(e) Updates to Report and Briefing.--Not later than 90 days
after the submission of the action plan required under
subsection (d), and quarterly thereafter until September 30,
2030, the Secretary of State shall submit an updated action
plan and brief the appropriate committees of Congress on the
implementation of such action plan, with supporting data,
including a detailed assessment of benchmarks that have been
reached.
(f) Secretary of State Certification.--Not later than 2
years after the date of the enactment of this Act, the
Secretary of State shall submit a certification to the
appropriate committees of Congress that indicates whether or
not the benchmarks described in the action plan required
under subsection (d) have been met. This certification
requirement may not be delegated to another Department of
State official.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated,
for fiscal year 2022--
(A) $2,000,000,000 for bilateral and regional foreign
assistance resources to carry out the purposes of part 1 and
chapter 4 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq. and 2346 et seq.) in the Indo-Pacific
region; and
(B) $1,250,000,000 for diplomatic engagement resources to
the Indo-Pacific region.
(2) Inclusion of amounts appropriated pursuant to asia
reassurance initiative act of 2018.--Amounts authorized to be
appropriated under paragraph (1) include the amounts that
were authorized to be appropriated under section 201(b) of
the Asia Reassurance Initiative Act of 2018 (Public Law 115-
409) for fiscal year 2022.
______
SA 4495. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. PROHIBITION WITH RESPECT TO CERTAIN TYPES OF LIFE
SCIENCES RESEARCH.
No Federal funds may be obligated or expended for the
purpose of conducting research that increases the
pathogenicity, contagiousness, or transmissibility of viruses
or bacteria, including any research anticipated to involve
enhanced potential pandemic pathogens, if such research
involves a foreign entity that is subject to the jurisdiction
of any of the following countries:
(1) The People's Republic of China.
(2) The Russian Federation.
(3) The Islamic Republic of Iran.
(4) The Democratic People's Republic of Korea.
(5) The Syrian Arab Republic.
(6) Any other country specified in the report assessing
compliance with the Biological Weapons Convention, as
required by section 403(a) of the Arms Control and
Disarmament Act (22 U.S.C. 2583a(a)) in the relevant calendar
year.
______
SA 4496. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. REPORT ON DIPLOMATIC OUTREACH WITH RESPECT TO
CHINESE MILITARY INSTALLATIONS OVERSEAS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit a
report to the appropriate committees of Congress regarding
United States diplomatic engagement with other nations that
host or are considering hosting any military installation of
the Government of the People's Republic of China.
(b) Matters to Be Included.--The report required under
subsection (a) shall include--
(1) a list of countries that currently host or are
considering hosting any military installation of the
Government of the People's Republic of China;
(2) a detailed description of United States diplomatic and
related efforts to engage countries that are considering
hosting a military installation of the Government of the
People's Republic of China, and the results of such efforts;
(3) an assessment of the adverse impact on United States
interests of the Government of the People's Republic of China
successfully establishing a military installation at any of
the locations it is currently considering;
(4) a description and list of any commercial ports outside
of the People's Republic of China that the United States
Government assesses could be used by the Government of the
People's Republic of China for military purposes, and any
diplomatic efforts to engage the governments of the countries
where such ports are located;
(5) the impact of the military installations of the
Government of the People's Republic of China on United States
interests; and
(6) lessons learned from the diplomatic experience of
addressing the People's Republic of China's first overseas
base in Djibouti.
(c) Form of Report.--The report required under subsection
(a) shall be classified, but may include a unclassified
summary.
______
SA 4497. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
[[Page S7991]]
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. REPORT ON NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) a more streamlined, shared, and coordinated approach,
which leverages economies of scale with major allies, is
necessary for the United States to retain its lead in defense
technology;
(2) allowing for the export, re-export, or transfer of
defense-related technologies and services to members of the
national technology and industrial base (as defined in
section 2500 of title 10, United States Code) would advance
United States security interests by helping to leverage the
defense-related technologies and skilled workforces of
trusted allies to reduce the dependence on other countries,
including countries that pose challenges to United States
interests around the world, for defense-related innovation
and investment; and
(3) it is in the interest of the United States to continue
to increase cooperation with Australia, Canada, and the
United Kingdom of Great Britain and Northern Ireland to
protect critical defense-related technology and services and
leverage the investments of like-minded, major ally nations
in order to maximize the strategic edge afforded by defense
technology innovation.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
that--
(A) describes the Department of State's efforts to
facilitate access among the national technology and
industrial base to defense articles and services subject to
the United States Munitions List under section 38(a)(1) of
the Arms Export Control Act (22 U.S.C. 2778(a)(1)); and
(B) identifies foreign legal and regulatory challenges, as
well as foreign policy or other challenges or considerations
that prevent or frustrate these efforts, to include any gaps
in the respective export control regimes implemented by
United Kingdom of Great Britain and Northern Ireland,
Australia, or Canada.
(2) Form.--This report required under paragraph (1) shall
be unclassified, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
______
SA 4498. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. INFRASTRUCTURE TRANSACTION AND ASSISTANCE NETWORK.
(a) Authority.--The Secretary of State is authorized to
establish an initiative, to be known as the ``Infrastructure
Transaction and Assistance Network'', under which the
Secretary of State, in consultation with other relevant
Federal agencies, including those represented on the Global
Infrastructure Coordinating Committee, may carry out various
programs to advance the development of sustainable,
transparent, and high-quality infrastructure in the Indo-
Pacific region by--
(1) strengthening capacity-building programs to improve
project evaluation processes, regulatory and procurement
environments, and project preparation capacity of countries
that are partners of the United States in such development;
(2) providing transaction advisory services and project
preparation assistance to support sustainable infrastructure;
and
(3) coordinating the provision of United States assistance
for the development of infrastructure, including
infrastructure that utilizes United States-manufactured goods
and services, and catalyzing investment led by the private
sector.
(b) Transaction Advisory Fund.--As part of the
``Infrastructure Transaction and Assistance Network''
described under subsection (a), the Secretary of State is
authorized to provide support, including through the
Transaction Advisory Fund, for advisory services to help
boost the capacity of partner countries to evaluate contracts
and assess the financial and environmental impacts of
potential infrastructure projects, including through
providing services such as--
(1) legal services;
(2) project preparation and feasibility studies;
(3) debt sustainability analyses;
(4) bid or proposal evaluation; and
(5) other services relevant to advancing the development of
sustainable, transparent, and high-quality infrastructure.
(c) Strategic Infrastructure Fund.--
(1) In general.--As part of the ``Infrastructure
Transaction and Assistance Network'' described under
subsection (a), the Secretary of State is authorized to
provide support, including through the Strategic
Infrastructure Fund, for technical assistance, project
preparation, pipeline development, and other infrastructure
project support.
(2) Joint infrastructure projects.--Funds authorized for
the Strategic Infrastructure Fund should be used in
coordination with the Department of Defense, the
International Development Finance Corporation, like-minded
donor partners, and multilateral banks, as appropriate, to
support joint infrastructure projects in the Indo-Pacific
region.
(3) Strategic infrastructure projects.--Funds authorized
for the Strategic Infrastructure Fund should be used to
support strategic infrastructure projects that are in the
national security interest of the United States and
vulnerable to strategic competitors.
(d) Authorization of Appropriations.--There is authorized
to be appropriated, for each of fiscal years 2022 to 2026,
$75,000,000 to the Infrastructure Transaction and Assistance
Network, of which $20,000,000 is to be provided for the
Transaction Advisory Fund.
______
SA 4499. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1237. EXTENSION AND MODIFICATION OF LIMITATION ON
MILITARY COOPERATION BETWEEN THE UNITED STATES
AND THE RUSSIAN FEDERATION.
(a) Extension.--Subsection (a) of section 1232 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2488) is amended by striking
``or 2021'' and inserting ``2021, or 2022''.
(b) Waiver.--Subsection (c)(2) of such section is amended
to read as follows:
``(2) not later than 15 days before the date on which the
waiver takes effect, and every 90 days thereafter, submits to
the appropriate congressional committees--
``(A) a notification that the waiver is in the national
security interest of the United States and a description of
the national security interest covered by the waiver during
the applicable reporting period;
``(B) a description of any condition or prerequisite placed
by the Russian Federation on military cooperation between the
United States and the Russian Federation;
``(C) a description of the results achieved by United
States-Russian Federation military cooperation during the
applicable reporting period and an assessment of whether such
results meet the national security objectives described under
subparagraph (A);
``(D) a description of the measures in place to mitigate
counterintelligence or operational security concerns and an
assessment of whether such measures have succeeded, submitted
in classified form as necessary; and
``(E) a report explaining why the Secretary of Defense
cannot make the certification under subsection (a).''.
______
SA 4500. Mr. RISCH (for himself, Mr. Portman, Mr. Cruz, Mr. Barrasso,
Mr. Johnson, and Mr. Cotton) submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle D of title XII, add the following:
SEC. 1237. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD
STREAM 2.
(a) Imposition of Sanctions.--
(1) In general.--Not later than 15 days after the date of
the enactment of this Act, the President shall--
(A) impose sanctions under paragraph (2) with respect to--
(i) any entity responsible for planning, construction, or
operation of the Nord Stream 2 pipeline or a successor
entity; and
(ii) any other corporate officer of or principal
shareholder with a controlling interest in an entity
described in clause (i); and
[[Page S7992]]
(B) impose sanctions under paragraph (3) with respect to
any entity responsible for planning, construction, or
operation of the Nord Stream 2 pipeline or a successor
entity.
(2) Ineligibility for visas, admission, or parole of
identified persons and corporate officers.--
(A) In general.--
(i) Visas, admission, or parole.--An alien described in
paragraph (1)(A) is--
(I) inadmissible to the United States;
(II) ineligible to receive a visa or other documentation to
enter the United States; and
(III) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The visa or other entry documentation of
an alien described in paragraph (1)(A) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
(II) Immediate effect.--A revocation under subclause (I)
shall--
(aa) take effect immediately; and
(bb) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(3) Blocking of property of identified persons.--The
President shall exercise all powers granted to the President
by the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and prohibit
all transactions in all property and interests in property of
an entity described in paragraph (1)(B) if such property and
interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(4) Implementation; penalties.--
(A) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this subsection.
(B) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
subsection or any regulation, license, or order issued to
carry out this subsection shall be subject to the penalties
set forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(5) Exceptions.--
(A) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this
subsection shall not apply to any authorized intelligence,
law enforcement, or national security activities of the
United States.
(B) Exception to comply with united nations headquarters
agreement.--Sanctions under this subsection shall not apply
with respect to the admission of an alien to the United
States if the admission of the alien is necessary to permit
the United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, the
Convention on Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or other
applicable international obligations.
(C) Exception relating to importation of goods.--
(i) In general.--Notwithstanding any other provision of
this subsection, the authorities and requirements to impose
sanctions under this subsection shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(ii) Good defined.--In this subparagraph, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(6) Sunset.--The authority to impose sanctions under this
subsection shall terminate on the date that is 5 years after
the date of the enactment of this Act.
(7) Definitions.--In this subsection:
(A) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those
terms in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(B) United states person.--The term ``United States
person'' means--
(i) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(ii) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity; or
(iii) any person within the United States.
(b) Repeal of National Interest Waiver Under Protecting
Europe's Energy Security Act of 2019.--Section 7503 of the
Protecting Europe's Energy Security Act of 2019 (title LXXV
of Public Law 116-92; 22 U.S.C. 9526 note) is amended--
(1) in subsection (a)(1)(C), by striking ``subsection (i)''
and inserting ``subsection (h)'';
(2) by striking subsection (f);
(3) by redesignating subsections (g) through (k) as
subsections (f) through (j), respectively; and
(4) in subsection (i), as redesignated by paragraph (3), by
striking ``subsection (h)'' and inserting ``subsection (g)''.
______
SA 4501. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE
UNITED STATES OF CERTAIN FOREIGN GIFTS TO AND
CONTRACTS WITH INSTITUTIONS OF HIGHER
EDUCATION.
(a) Amendments to Defense Production Act of 1950.--
(1) Definition of covered transaction.--Subsection (a)(4)
of section 721 of the Defense Production Act of 1950 (50
U.S.C. 4565) is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``; and'' and inserting a
semicolon;
(ii) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) any transaction described in subparagraph (B)(vi)
proposed or pending after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2022.'';
(B) in subparagraph (B), by adding at the end the
following:
``(vi) Any gift to an institution of higher education from
a foreign person, or the entry into a contract by such an
institution with a foreign person, if--
``(I)(aa) the value of the gift or contract equals or
exceeds $1,000,000; or
``(bb) the institution receives, directly or indirectly,
more than one gift from or enters into more than one
contract, directly or indirectly, with the same foreign
person for the same purpose the aggregate value of which,
during the period of 2 consecutive calendar years, equals or
exceeds $1,000,000; and
``(II) the gift or contract--
``(aa) relates to research, development, or production of
critical technologies and provides the foreign person
potential access to any material nonpublic technical
information (as defined in subparagraph (D)(ii)) in the
possession of the institution; or
``(bb) is a restricted or conditional gift or contract (as
defined in section 117(h) of the Higher Education Act of 1965
(20 U.S.C. 1011f(h))) that establishes control.''; and
(C) by adding at the end the following:
``(G) Foreign gifts to and contracts with institutions of
higher education.--For purposes of subparagraph (B)(vi):
``(i) Contract.--The term `contract' means any agreement
for the acquisition by purchase, lease, or barter of property
or services by a foreign person, for the direct benefit or
use of either of the parties.
``(ii) Gift.--The term `gift' means any gift of money or
property.
``(iii) Institution of higher education.--The term
`institution of higher education' means any institution,
public or private, or, if a multicampus institution, any
single campus of such institution, in any State--
``(I) that is legally authorized within such State to
provide a program of education beyond secondary school;
``(II) that provides a program for which the institution
awards a bachelor's degree (or provides not less than a 2-
year program which is acceptable for full credit toward such
a degree) or a more advanced degree;
``(III) that is accredited by a nationally recognized
accrediting agency or association; and
``(IV) to which the Federal Government extends Federal
financial assistance (directly or indirectly through another
entity or person), or that receives support from the
extension of Federal financial assistance to any of the
institution's subunits.''.
(2) Mandatory declarations.--Subsection
(b)(1)(C)(v)(IV)(aa) of such section is amended by adding at
the end the following: ``Such regulations shall require a
declaration under this subclause with respect to a covered
transaction described in subsection (a)(4)(B)(vi)(II)(aa).''.
(3) Factors to be considered.--Subsection (f) of such
section is amended--
(A) in paragraph (10), by striking ``; and'' and inserting
a semicolon;
(B) by redesignating paragraph (11) as paragraph (12); and
(C) by inserting after paragraph (10) the following:
``(11) as appropriate, and particularly with respect to
covered transactions described in subsection (a)(4)(B)(vi),
the importance of academic freedom at institutions of higher
education in the United States; and''.
(4) Membership of cfius.--Subsection (k) of such section is
amended--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (H), (I), and (J) as
subparagraphs (I), (J), and (K), respectively; and
(ii) by inserting after subparagraph (G) the following:
``(H) In the case of a covered transaction involving an
institution of higher education (as defined in subsection
(a)(4)(G)), the Secretary of Education.''; and
(B) by adding at the end the following:
``(8) Inclusion of other agencies on committee.--In
considering including on the
[[Page S7993]]
Committee under paragraph (2)(K) the heads of other executive
departments, agencies, or offices, the President shall give
due consideration to the heads of relevant research and
science agencies, departments, and offices, including the
Secretary of Health and Human Services, the Director of the
National Institutes of Health, and the Director of the
National Science Foundation.''.
(5) Contents of annual report relating to critical
technologies.--Subsection (m)(3) of such section is amended--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) an evaluation of whether there are foreign malign
influence or espionage activities directed or directly
assisted by foreign governments against institutions of
higher education (as defined in subsection (a)(4)(G)) aimed
at obtaining research and development methods or secrets
related to critical technologies; and
``(E) an evaluation of, and recommendation for any changes
to, reviews conducted under this section that relate to
institutions of higher education, based on an analysis of
disclosure reports submitted to the chairperson under section
117(a) of the Higher Education Act of 1965 (20 U.S.C.
1011f(a)).''.
(b) Inclusion of CFIUS in Reporting on Foreign Gifts Under
Higher Education Act of 1965.--Section 117 of the Higher
Education Act of 1965 (20 U.S.C. 1011f) is amended--
(1) in subsection (a), by inserting after ``the Secretary''
the following: ``and the Secretary of the Treasury (in the
capacity of the Secretary as the chairperson of the Committee
on Foreign Investment in the United States under section
721(k)(3) of the Defense Production Act of 1950 (50 U.S.C.
4565(k)(3)))''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``with the Secretary'' and inserting ``with
the Secretary and the Secretary of the Treasury''; and
(ii) by striking ``to the Secretary'' and inserting ``to
each such Secretary''; and
(B) in paragraph (2), by striking ``with the Secretary''
and inserting ``with the Secretary and the Secretary of the
Treasury''.
(c) Effective Date; Applicability.--The amendments made by
subsection (a) shall--
(1) take effect on the date of the enactment of this Act,
subject to the requirements of subsections (d) and (e); and
(2) apply with respect to any covered transaction the
review or investigation of which is initiated under section
721 of the Defense Production Act of 1950 on or after the
date that is 30 days after the publication in the Federal
Register of the notice required under subsection (e)(2).
(d) Regulations.--
(1) In general.--The Committee on Foreign Investment in the
United States (in this section referred to as the
``Committee''), which shall include the Secretary of
Education for purposes of this subsection, shall prescribe
regulations as necessary and appropriate to implement the
amendments made by subsection (a).
(2) Elements.--The regulations prescribed under paragraph
(1) shall include--
(A) regulations accounting for the burden on institutions
of higher education likely to result from compliance with the
amendments made by subsection (a), including structuring
penalties and filing fees to reduce such burdens, shortening
timelines for reviews and investigations, allowing for
simplified and streamlined declaration and notice
requirements, and implementing any procedures necessary to
protect academic freedom; and
(B) guidance with respect to--
(i) which gifts and contracts described in described in
clause (vi)(II)(aa) of subsection (a)(4)(B) of section 721 of
the Defense Production Act of 1950, as added by subsection
(a)(1), would be subject to filing mandatory declarations
under subsection (b)(1)(C)(v)(IV) of that section; and
(ii) the meaning of ``control'', as defined in subsection
(a) of that section, as that term applies to covered
transactions described in clause (vi) of paragraph (4)(B) of
that section, as added by subsection (a)(1).
(3) Issuance of final rule.--The Committee shall issue a
final rule to carry out the amendments made by subsection (a)
after assessing the findings of the pilot program required by
subsection (e).
(e) Pilot Program.--
(1) In general.--Beginning on the date that is 30 days
after the publication in the Federal Register of the matter
required by paragraph (2) and ending on the date that is 570
days thereafter, the Committee shall conduct a pilot program
to assess methods for implementing the review of covered
transactions described in clause (vi) of section 721(a)(4)(B)
of the Defense Production Act of 1950, as added by subsection
(a)(1).
(2) Proposed determination.--Not later than 270 days after
the date of the enactment of this Act, the Committee shall,
in consultation with the Secretary of Education, publish in
the Federal Register--
(A) a proposed determination of the scope of and procedures
for the pilot program required by paragraph (1);
(B) an assessment of the burden on institutions of higher
education likely to result from compliance with the pilot
program;
(C) recommendations for addressing any such burdens,
including shortening timelines for reviews and
investigations, structuring penalties and filing fees, and
simplifying and streamlining declaration and notice
requirements to reduce such burdens; and
(D) any procedures necessary to ensure that the pilot
program does not infringe upon academic freedom.
(3) Report on findings.--Upon conclusion of the pilot
program required by paragraph (1), the Committee shall submit
to Congress a report on the findings of that pilot program
that includes--
(A) a summary of the reviews conducted by the Committee
under the pilot program and the outcome of such reviews;
(B) an assessment of any additional resources required by
the Committee to carry out this section or the amendments
made by subsection (a);
(C) findings regarding the additional burden on
institutions of higher education likely to result from
compliance with the amendments made by subsection (a) and any
additional recommended steps to reduce those burdens; and
(D) any recommendations for Congress to consider regarding
the scope or procedures described in this section or the
amendments made by subsection (a).
______
SA 4502. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII--AFGHANISTAN COUNTERTERRORISM, OVERSIGHT, AND ACCOUNTABILITY
ACT OF 2021
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Afghanistan
Counterterrorism, Oversight, and Accountability Act of
2021''.
SEC. 1702. FINDINGS.
Congress makes the following findings:
(1) On April 14, 2021, President Joseph R. Biden announced
the unconditional withdrawal of United States Armed Forces
from Afghanistan after 20 years of conflict.
(2) United States troop withdrawals led to the rapid
collapse of the democratically elected Government of
Afghanistan, effectively ended prospects for a negotiated
settlement, threaten to reverse the hard-earned rights of
Afghanistan's women and youth, and created dangerous
sanctuary space for potential terrorist attacks against the
United States and allies and partners of the United States.
(3) Under the terms of the peace agreement signed by the
United States and the Taliban in Doha, Qatar, on February 29,
2020, the withdrawal of the United States Armed Forces was
contingent upon the Taliban upholding its commitment to a
reduction in the levels of violence, engaging in substantive
talks with the Government of Afghanistan, and adhering to
certain counterterrorism guarantees. The Taliban failed to
meet its commitments.
(4) The Taliban's rise to power and inability to control
its borders may result in a safe haven for violent jihadist
groups, like al Qaeda and the Afghan affiliate of the Islamic
State group, ISIS-Khorasan (commonly referred to as ``ISIS-
K'').
(5) According to a May 2020 report of the United Nations,
``The senior leadership of Al-Qaida remains present in
Afghanistan, as well as hundreds of armed operatives, Al-
Qaida in the Indian Subcontinent, and groups of foreign
terrorist fighters aligned with the Taliban.''.
(6) According to the same United Nations report, ``The
Taliban regularly consulted with Al-Qaida during negotiations
with the United States and offered guarantees that it would
honor their historical ties.''.
(7) In November 2020, the Lead Inspector General for
Operation Freedom's Sentinel of the Department of Defense (in
this section referred to as the ``Lead Inspector General'')
echoed similar concerns, noting that ``members of al-Qaeda
were integrated into the Taliban's leadership and command
structure''.
(8) In May 2021, the Lead Inspector General reaffirmed
those concerns, noting that ``[a]ccording to the Defense
Intelligence Agency, the Taliban maintained close ties with
al-Qaeda and was very likely preparing for large-scale
offensives''.
(9) On September 14, 2021, the Deputy Director of the
Central Intelligence Agency stated, ``We are already
beginning to see some of the indications of some potential
movement of al Qaeda to Afghanistan.''.
(10) On August 14, 2021, the United States began an
operation at Hamid Karzai International Airport to evacuate
United States citizens and Afghans affiliated with the United
States, an action which forced the North Atlantic Treaty
Organization (commonly referred to as ``NATO'') and allied
countries to undertake similar operations.
(11) During the evacuation operation conducted in August
2021, United States allies, all of which had contributed
soldiers and resources to the fight against the Taliban and
terrorism in Afghanistan since 2001, assisted in the
exfiltration of thousands of United
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States citizens, their own nationals, and Afghans affiliated
with NATO.
(12) In August 2021, at the height of the United States
evacuation operation, ISIS-K carried out a dual attack
striking Hamid Karzai International Airport and the Baron
Hotel, killing more than 170 civilians, including 13 members
of the United States Armed Forces.
(13) According to the reports of the Department of State,
as many as 10,000 to 15,000 United States citizens were in
Afghanistan before the evacuation efforts.
(14) As of August 31, 2021, the Department of State
evacuated just over 6,000 United States citizens, leaving
untold numbers of United States citizens stranded in
Afghanistan with little recourse for departure.
(15) As of August 31, 2021, the United States evacuated 705
out of 22,000 Afghans who applied for special immigrant
visas, leaving the vast majority of Afghans behind and
vulnerable to retribution by the Taliban.
(16) The Taliban continues to hamper the movement of United
States citizens and at-risk Afghans out of Afghanistan.
(17) On September 10, 2021, the Taliban appointed
Sirajjudin Haqqani, a wanted terrorist responsible for
attacks against United States citizens, as the Taliban
minister of interior, ostensibly responsible for the
continued evacuations of United States citizens and at-risk
Afghans out of Afghanistan.
(18) A Taliban-led government rooted in Sharia law would
undermine the vital gains made since 2001, particularly with
respect to the rule of law and the rights of women and girls,
and would lack credibility and international legitimacy on
the world stage.
(19) As noted by Human Rights Watch, ``Even before their
takeover of Kabul on August 15, Taliban forces were already
committing atrocities, including summary executions of
government officials and security force members in their
custody.''.
(20) Since the Taliban's takeover of Kabul, the Taliban has
raided the homes of journalists and activists, as well as
members of their families, and restricted girls' access to
education and women's ability to work.
(21) The Lead Inspector General reported in May 2021 that
the Taliban had carried out ``dozens of targeted killings of
Afghan civilians, including government officials, teachers,
journalists, medical workers, and religious scholars''.
(22) Despite reportedly providing written assurances to
donors and the United Nations, the Taliban also continues to
hinder humanitarian access to the most vulnerable areas and
individuals in Afghanistan, with an estimated 18,400,000
people, or roughly half of the population in Afghanistan,
currently in dire need of lifesaving assistance.
(23) Between 2001 and 2020, at least 569 humanitarian
workers were targeted for attack in Afghanistan, and in
August 2021 alone, at least 240 incidents affecting
humanitarian access were reported by relief agencies.
(24) The United States has invested more than
$56,000,000,000 since 2002 in efforts to address profound
humanitarian needs and help the people of Afghanistan,
including women, girls, and religious and ethnic minorities,
realize their democratic and development aspirations.
(25) Despite consistent challenges, United States
humanitarian and development assistance has helped expand
access to education for more than 3,000,000 girls since 2008,
reduce maternal and child deaths by more than half since
2000, provide first-time access to safe drinking water for
650,000 people and improved sanitation services for 1,200,000
people since 2016, and catalyze a 3,000 percent increase in
per capita gross domestic product between 2002 and 2018.
(26) Following the Taliban takeover in Afghanistan, those
notable achievements are at risk of reversal, the country
stands on the verge of economic collapse, and according to
the World Food Programme of the United Nations, an estimated
14,000,000 people are ``marching toward starvation''.
SEC. 1703. DEFINITIONS.
In this title:
(1) Special immigrant visa program.--The term ``special
immigrant visa program'' means--
(A) the special immigrant visa program under section 602 of
the Afghan Allies Protection Act of 2009 (Public Law 111-8; 8
U.S.C. 1101 note); and
(B) the special immigrant visa program under section 1059
of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 8 U.S.C. 1101 note) with respect to
nationals of Afghanistan.
(2) Taliban.--The term ``Taliban'' means the entity--
(A) known as the Taliban;
(B) operating in Afghanistan; and
(C) designated as a specially designated global terrorist
under part 594 of title 31, Code of Federal Regulations.
(3) Terrorist group.--The term ``terrorist group'' means--
(A) any entity designated as a specially designated global
terrorist under part 594 of title 31, Code of Federal
Regulations (other than the Taliban); or
(B) any foreign terrorist organization (as defined in
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189)).
(4) United states lawful permanent resident.--The term
``United States lawful permanent resident'' means an alien
lawfully admitted for permanent residence to the United
States (as defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))).
Subtitle A--State Department Afghanistan Task Force and Diplomatic
Engagement
SEC. 1711. TASK FORCE ON EVACUATIONS FROM AFGHANISTAN.
(a) In General.--The Secretary of State shall establish and
maintain a task force dedicated to--
(1) the implementation of a comprehensive strategy relating
to the evacuation of United States citizens, United States
lawful permanent residents, and applicants for the special
immigrant visa program, from Afghanistan; and
(2) identifying individuals in Afghanistan who have--
(A) applied to the United States Refugee Admissions
Program; or
(B) sought entry into the United States as humanitarian
parolees under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)).
(b) Focus of Task Force.--The task force established under
subsection (a) shall prioritize efforts of the Department of
State--
(1) to account for all United States citizens still within
Afghanistan and ensure all United States citizens have the
opportunity to safely depart Afghanistan; and
(2) to account for United States lawful permanent residents
and applicants for the special immigrant visa program still
within Afghanistan and help ensure those individuals have an
opportunity to safely depart Afghanistan.
(c) Reporting Requirement.--Not later than one year after
the date of the enactment of this Act, the Secretary of State
shall submit to the appropriate congressional committees a
report detailing lessons learned from the task force
established under subsection (a), including such lessons
related to the evacuation of United States citizens, United
States lawful permanent residents, and applicants for the
special immigrant visa program, from Afghanistan.
(d) Briefing Requirement.--The task force established under
subsection (a) shall provide quarterly briefings to the
appropriate congressional committees on--
(1) the strategy described in subsection (a); and
(2) any additional authorities the Department of State
requires to better advance the strategy.
(e) Termination.--The task force established under
subsection (a) shall terminate on the date that is one year
after the date of the enactment of this Act.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1712. REPORT ON DIPLOMATIC ENGAGEMENT AND ECONOMIC
COOPERATION WITH THE TALIBAN.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, and not less frequently than
annually thereafter, the Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development and the Secretary of the Treasury,
shall submit to the appropriate congressional committees a
report detailing the manner and extent to which foreign
governments and international organizations have pursued
diplomatic engagement or economic or security cooperation
with the Taliban or members of the Taliban.
(b) Elements.--The report required by subsection (a) shall
include a description of--
(1) steps taken by foreign governments and international
organizations toward formal diplomatic recognition of the
Taliban or a government of Afghanistan under the direction or
control of the Taliban or members of the Taliban;
(2) efforts to maintain or re-establish a diplomatic
presence in Kabul;
(3) the extent to which formal bilateral relationships
serve to bolster the Taliban's credibility on the world
stage;
(4) the scale and scope of economic cooperation with the
Taliban, or any agency or instrumentality of the Government
of Afghanistan under the direction or control of the Taliban
or a member of the Taliban, by foreign governments and
international organizations, particularly international
financial institutions;
(5) the extent of any assistance provided by foreign
governments and international organizations to or through the
Taliban or any agency or instrumentality described in
paragraph (4), including humanitarian, technical, and
security assistance; and
(6) major security cooperation activities or initiatives
undertaken by foreign governments with the Taliban or any
agency or instrumentality described in paragraph (4),
including the establishment by a foreign government of any
military presence within Afghanistan.
(c) Form of Report; Availability.--
(1) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(2) Availability.--The unclassified portion of the report
required by subsection (a) shall be made available on a
publicly accessible internet website of the Department of
State.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate; and
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(2) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1713. OPPOSITION TO RECOGNITION OF TALIBAN
REPRESENTATIVE AS AMBASSADOR TO THE UNITED
STATES.
The President should not recognize as the Ambassador of
Afghanistan to the United States or accept diplomatic
credentials from any individual who is a member of the
Taliban.
SEC. 1714. OPPOSITION TO PARTICIPATION OF TALIBAN AT THE
UNITED NATIONS AND OTHER MEASURES.
The United States Ambassador to the United Nations should
use the voice, vote, and influence of the United States at
the United Nations--
(1) to object to the issuance of credentials to any member
of the delegation of Afghanistan to the United Nations
General Assembly who is a member of the Taliban, consistent
with Rules 27 and 28 of the Rules of Procedure of the General
Assembly;
(2) to ensure that no member of the Taliban may serve in a
leadership position in any United Nations body, fund,
program, or specialized agency;
(3) to support a resolution on human rights abuses
committed by the Taliban at the United Nations Human Rights
Council and calling for the immediate deployment of human
rights monitors to Afghanistan under the special procedures
of the Council;
(4) to demand immediate, unfettered humanitarian access to
the whole of Afghanistan, including to prevent famine and to
expand access to lifesaving vaccines and immunizations; and
(5) to prevent diversions of humanitarian assistance
delivered through United Nations bodies, funds, programs, and
specialized agencies to individuals and entities subject to
sanctions under United Nations Security Council Resolutions
1988 (2011) and 2255 (2015), including through the imposition
of duties, fees, or taxes on such humanitarian assistance or
the manipulation of beneficiary lists.
SEC. 1715. REVISED STRATEGY FOR SOUTH AND CENTRAL ASIA.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a strategy for a path
forward for the relationship of the United States with South
and Central Asian countries after the United States
withdrawal from Afghanistan.
(b) Elements.--The strategy required by subsection (a)
shall include the following elements:
(1) A detailed description of the security and economic
challenges that the Russian Federation, the People's Republic
of China, and the Taliban pose to the countries of South and
Central Asia, including border disputes with South and
Central Asian countries that border the People's Republic of
China, investments by the Government of the People's Republic
of China in land and sea ports, military activities and
installations, transportation infrastructure, and energy
projects across the region.
(2) A detailed description of United States efforts to
provide alternatives to investment by the Government of the
People's Republic of China in infrastructure and other
sectors in South and Central Asia.
(3) An examination of the areas and sectors in which South
and Central Asian countries are subject to political,
military, information, and diplomatic pressure from the
Russian Federation and the People's Republic of China.
(4) An examination of the extent to which the C5+1 format
should or should not be changed to reflect the new conditions
in Afghanistan.
(5) An analysis of the possibilities for access to and
basing in Central Asian countries for the United States Armed
Forces, and overflight of those countries by United States
drones, and the diplomatic outreach needed to achieve those
outcomes.
(6) A detailed description of bilateral and regional
efforts to work with countries in South Asia on strategies to
build resilience against efforts of the Government of the
People's Republic of China and the Government of the Russian
Federation to interfere in their political systems and
economies.
(7) A detailed description of United States diplomatic
efforts to address the challenges posed by investment by the
Government of the People's Republic of China in the mining
and mineral sectors in Afghanistan.
(8) Identification of areas where the United States
Government can strengthen diplomatic, economic, and defense
cooperation with the Government of India, as appropriate, to
address economic and security challenges posed by the
People's Republic of China, the Russian Federation, and the
Taliban in the region, and an assessment of how the changes
to India's security environment resulting from the Taliban's
takeover of Afghanistan will affect United States engagement
with India.
(9) A description of the coordination mechanisms among key
regional and functional bureaus within the Department of
State and the Department of Defense tasked with engaging with
the countries of South and Central Asia on issues relating to
the People's Republic of China, the Russian Federation, and
the Taliban.
(10) A description of the efforts being made by Federal
agencies, including the Department of State, the United
States Agency for International Development, the Department
of Commerce, the Department of Energy, and the Office of the
United States Trade Representative, to help the countries of
South and Central Asia develop trade and commerce links that
will help those countries diversify their trade away from the
People's Republic of China and the Russian Federation.
(11) A detailed description of United States diplomatic
efforts with South and Central Asian countries, Turkey, and
any other countries with significant populations of Uyghurs
and other ethnic minorities fleeing persecution in the
People's Republic of China, to press those countries to
refrain from deporting ethnic minorities to the People's
Republic of China, protect ethnic minorities from
intimidation by authorities of the Government of the People's
Republic of China, and protect the right to the freedoms of
assembly and expression.
(12) An analysis of the effect ending the denial of
nondiscriminatory treatment to the products of the Republic
of Kazakhstan, the Republic of Tajikistan, and the Republic
of Uzbekistan under chapter 1 of title IV of the Trade Act of
1974 (commonly known as the ``Jackson-Vanik amendment'')
would have on improving trade and diplomatic relations with
the United States.
(c) Form of Report; Availability.--
(1) Form.--The strategy required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(2) Availability.--The unclassified portion of the strategy
required by subsection (a) shall be made available on a
publicly accessible internet website of the Department of
State.
(d) Consultation.--Not later than 120 days after the date
of the enactment of this Act, and not less frequently than
annually thereafter for 5 years, the Secretary of State shall
consult with the appropriate congressional committees
regarding the development and implementation of the strategy
required by subsection (a).
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(2) C5+1 format.--The term ``C5+1 format'' means meetings
of representatives of the governments of the United States,
the Republic of Kazakhstan, the Kyrgyz Republic, the Republic
of Tajikistan, Turkmenistan, and the Republic of Uzbekistan.
Subtitle B--Counterterrorism Strategies and Reports
SEC. 1721. COUNTERTERRORISM STRATEGY FOR AFGHANISTAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than
annually thereafter, the Secretary of State, in consultation
with the Secretary of Defense and the Director of National
Intelligence, shall submit to the appropriate congressional
committees a report setting forth the United States
counterterrorism strategy for Afghanistan and addressing each
of the elements described in subsection (b).
(b) Elements.--The elements described in this subsection
are the following:
(1) An assessment of terrorist activity in Afghanistan and
threats posed to the United States by that activity.
(2) An assessment of whether the Taliban is taking
meaningful action to ensure that Afghanistan is not a safe
haven for terrorist groups, such as al Qaeda or ISIS-K,
pursuant to the peace agreement signed by the United States
and the Taliban in Doha, Qatar, on February 29, 2020, or
subsequent agreements or arrangements.
(3) A detailed description of all discussions,
transactions, deconfliction arrangements, or other agreements
or arrangements with the Taliban.
(4) An assessment of the status of access, basing, and
overflight agreements with countries neighboring Afghanistan
that facilitate ongoing United States counterterrorism
missions.
(5) An assessment of the status of--
(A) human intelligence and multi-source intelligence assets
dedicated to Afghanistan; and
(B) the ability of the United States to detect emerging
threats against the United States and allies and partners of
the United States.
(6) A description of the number and types of intelligence,
surveillance, and reconnaissance assets and strike assets
dedicated to Afghanistan counterterrorism missions and
associated flight times and times on station for such assets.
(7) An assessment of local or indigenous counterterrorism
partners.
(8) An assessment of risks to the mission and risks to
United States personnel involved in over-the-horizon
counterterrorism options.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
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(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1722. REPORT ON ENTITIES PROVIDING SUPPORT FOR THE
TALIBAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than
annually thereafter, the Secretary of State, in consultation
with the Secretary of Defense and the Director of National
Intelligence, shall submit to the appropriate congressional
committees a report on entities providing support to the
Taliban.
(b) Elements of First Report.--The first report required by
subsection (a) shall include--
(1) an assessment of support by state and non-state actors,
including the Government of Pakistan, for the Taliban between
2001 and 2020, including the provision of sanctuary space,
financial support, intelligence support, logistics and
medical support, training, equipping, and tactical,
operational, or strategic direction;
(2) an assessment of support by state and non-state actors,
including the Government of Pakistan, for the 2021 offensive
of the Taliban that toppled the Government of the Islamic
Republic of Afghanistan, including the provision of sanctuary
space, financial support, intelligence support, logistics and
medical support, training, equipping, and tactical,
operational, or strategic direction;
(3) an assessment of support by state and non-state actors,
including the Government of Pakistan, for the September 2021
offensive of the Taliban against the Panjshir Valley and the
Afghan resistance; and
(4) a detailed description of United States diplomatic and
military activities undertaken to curtail support for the
2021 offensive of the Taliban that toppled the Government of
the Islamic Republic of Afghanistan.
(c) Elements of Subsequent Reports.--Each report required
by subsection (a) after the first such report shall include--
(1) an assessment of support by state and non-state actors
for the Taliban, including the provision of sanctuary space,
financial support, intelligence support, logistics and
medical support, training, equipping, and tactical,
operational, or strategic direction;
(2) an assessment of support by state and non-state actors
for offensive actions of the Taliban against any elements of
the Afghan resistance; and
(3) a detailed description of United States diplomatic and
military activities undertaken to curtail support for the
Taliban.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1723. REPORT AND STRATEGY ON UNITED STATES-ORIGIN
DEFENSE ARTICLES AND SERVICES PROVIDED TO
AFGHANISTAN.
(a) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, the
Secretary of Defense, and the Director of National
Intelligence shall submit to the appropriate congressional
committees a report on United States-origin defense articles
and defense services provided to the Government of
Afghanistan on or before August 14, 2021.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) an inventory of all United States-origin defense
articles and defense services provided to the Government of
Afghanistan;
(B) an assessment of the current location and disposition
of all such articles;
(C) an assessment of the risks that such articles pose to
United States citizens and interests, regional security, and
the people of Afghanistan;
(D) an assessment of the most sensitive training provided
by the United States to Afghan forces and the current
location and status of Afghans who received such training;
and
(E) an assessment of the counterintelligence risk if the
Taliban provides access to United States-origin defense
articles to the Russian Federation, Iran, or the People's
Republic of China.
(b) Strategy Required.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State, the
Secretary of Defense, and the Director of National
Intelligence shall submit to the appropriate congressional
committees a strategy on United States-origin defense
articles and defense services provided to the Government of
Afghanistan.
(2) Elements.--The strategy required under subsection (d)
shall include--
(A) a plan to recover, destroy, or de-militarize United
States-origin defense articles that pose a significant risk
to United States citizens and interests, regional security,
or the people of Afghanistan; and
(B) a plan--
(i) to identify Afghan personnel whose training could
present a significant risk to regional security or to the
people of Afghanistan; and
(ii) to ensure such personnel are not coerced to support
the Taliban or other hostile forces.
(c) Form.--The report required by subsection (a) and the
strategy required by subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Defense article; defense service; training.--The terms
``defense article'', ``defense service'', and ``training''
have the meanings given those terms in section 47 of the Arms
Export Control Act (22 U.S.C. 2794).
Subtitle C--Matters Relating to Hostages, Special Immigrant Visa
Applicants, And Refugees
SEC. 1731. REPORT ON HOSTAGES TAKEN BY THE TALIBAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than
annually thereafter, the Secretary of State shall submit to
the appropriate congressional committees a report detailing
the extent to which the Taliban has engaged in the
politically motivated taking or release of hostages or
otherwise is engaging in practices of unlawful or wrongful
detention.
(b) Elements.--The report required by subsection (a) shall
include, at a minimum--
(1) an assessment of whether there is credible information
that detained United States citizens or United States lawful
permanent residents are being held hostage or are being
detained unlawfully or wrongfully by the Taliban; and
(2) an assessment of whether there is credible information
that citizens of NATO allies are being held hostage or are
being detained unlawfully or wrongfully by the Taliban.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1732. BRIEFINGS ON STATUS OF SPECIAL IMMIGRANT VISA
APPLICANTS, REFUGEES, AND PAROLEES.
(a) In General.--Not later than 10 days after the date of
the enactment of this Act, and every 15 days thereafter until
September 30, 2022, the Secretary of State, in consultation
with the Secretary of Homeland Security, shall provide a
briefing to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives on the status of--
(1) the processing of applications for the special
immigrant visa program; and
(2) refugee and parolee designations for nationals of
Afghanistan.
(b) Elements.--
(1) Initial briefing.--The initial briefing required by
subsection (a) shall include, for the period beginning on
August 1, 2021, and ending on the date of the briefing--
(A)(i) the number of nationals of Afghanistan who have--
(I) submitted applications for--
(aa) the special immigrant visa program; or
(bb) resettlement in the United States through the United
States Refugee Admissions Program; or
(II) sought entry to the United States as humanitarian
parolees under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)); and
(ii) the status of such nationals of Afghanistan;
(B) the number of Department of State and Department of
Homeland Security employees assigned to processing
applications described in subparagraph (A)(i)(I) and
adjudicating the entry of nationals of Afghanistan as
humanitarian parolees;
(C) the location of each national of Afghanistan who has
submitted such an application or sought entry to the United
States as a humanitarian parolee;
(D) the status of any agreement between the United States
and any foreign government that is hosting such nationals of
Afghanistan;
(E) an assessment of any required revision to the levels
and forms of United States foreign assistance provided to
entities supporting such nationals of Afghanistan; and
(F) the status of any national of Afghanistan who--
(i) after July 1, 2021, submitted an application described
in subparagraph (A)(i)(I) or sought entry to the United
States as a humanitarian parolee; and
(ii) failed to meet United States vetting requirements.
(2) Subsequent briefings.--Each subsequent briefing
required by subsection (a) shall include the information
described in subparagraphs (A) through (F) of paragraph (1)
for the preceding 15-day period.
(c) Form.--A briefing required by subsection (a) may be
provided in classified form, as necessary.
[[Page S7997]]
(d) Written Materials.--The Secretary of State may submit
written materials in conjunction with a briefing under this
section.
Subtitle D--Restrictions on Foreign Assistance
SEC. 1741. STATEMENT OF POLICY ON UNITED STATES ASSISTANCE IN
AFGHANISTAN.
(a) In General.--It is the policy of the United States not
to provide foreign assistance, including development
assistance, economic support, or security assistance under
parts I and II of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), the Millennium Challenge Act of 2003
(22 U.S.C. 7701 et seq.), the Better Utilization of
Investments Leading to Development Act of 2018 (22 U.S.C.
9601 et seq.), the FREEDOM Support Act (22 U.S.C. 5801 et
seq.), or section 23 of the Arms Export Control Act (22
U.S.C. 2763), to or through the Taliban, or in a manner that
would directly benefit the Taliban in Afghanistan.
(b) Humanitarian Assistance.--It is the policy of the
United States to support the provision of humanitarian
assistance for displaced and conflict-affected persons in
Afghanistan consistent with chapter 9 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2292 et seq.), provided
that such assistance is not provided to or through the
Taliban or entities controlled by the Taliban or persons with
respect to which sanctions have been imposed under section
1762 or 1763.
(c) Strategy.--Not later than 30 days after the date of the
enactment of this Act, the President shall brief the
appropriate congressional committees on the United States
strategy to ensure the safe and timely delivery of targeted
humanitarian assistance in Afghanistan, including by enabling
humanitarian organizations to access related financial
services, consistent with this section.
SEC. 1742. HUMANITARIAN ASSISTANCE TO COUNTRIES AND
ORGANIZATIONS SUPPORTING AFGHAN REFUGEES AND
AFGHAN ALLIES OF THE UNITED STATES.
Subject to section 1743, it is the policy of the United
States to support the provision of humanitarian assistance
for displaced and conflict-affected persons seeking refuge
from Afghanistan in third countries, as well as for hosting
communities with measurable need in such third countries.
SEC. 1743. REVIEW OF FOREIGN ASSISTANCE TO COUNTRIES AND
ORGANIZATIONS SUPPORTING THE TALIBAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and not less than annually
thereafter, the Secretary of State, in consultation with the
appropriate congressional committees, shall conduct a
comprehensive review of all forms of United States foreign
assistance provided to or through the government of any
country or any organization providing any form of material
support to the Taliban, utilizing transparent metrics to
measure the forms, amounts, goals, objectives, benchmarks,
and outcomes of such assistance.
(b) Aid Suspension.--
(1) In general.--The Secretary of State shall suspend all
forms of United States foreign assistance not covered by an
exception under section 1766(b)(3) provided to or through a
government or organization described in subsection (a).
(2) Termination.--The suspension of United States foreign
assistance under paragraph (1) shall cease to be in effect on
the date on which the Secretary--
(A) has certified to the appropriate congressional
committees that the government or organization subject to
such suspension has ceased to provide material support to the
Taliban; or
(B) has submitted to the appropriate congressional
committees a certification described in section 1766(c).
(3) Waiver.--The Secretary may waive the suspension of
United States foreign assistance required under paragraph (1)
if, not later than 10 days before issuing such a waiver, the
Secretary certifies to the appropriate congressional
committees that--
(A) providing such assistance is in the national security
interest of the United States; and
(B) sufficient safeguards are in place to ensure that no
United States assistance is diverted to support the Taliban.
SEC. 1744. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
Subtitle E--Human Rights in Afghanistan
SEC. 1751. REPORT ON HUMAN RIGHTS ABUSES BY THE TALIBAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than
annually thereafter, the Secretary of State shall submit to
the appropriate congressional committees a report detailing
the extent to which the Taliban, or any agency or
instrumentality of the Government of Afghanistan under the
direction or control of the Taliban or a member of the
Taliban, has carried out or facilitated serious human rights
abuse.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an assessment of the Taliban's respect for the rule of
law, press freedom, and human rights, including the rights of
women, girls, and minorities, in Afghanistan;
(2) an assessment of the extent to which the Government of
Afghanistan has adhered to the basic human rights standards
set out in the United Nations International Covenant on Civil
and Political Rights, which was ratified by Afghanistan in
1983, and the Universal Declaration of Human Rights;
(3) a description of the scale and scope of any incidents
of arbitrary arrest or extrajudicial execution;
(4) an assessment of the degree to which Afghans who
formerly served as part of the internationally recognized
government of Afghanistan or who have ties to the United
States have been the target of Taliban-supported revenge
killings, enforced disappearances, or other forms of abuse,
including torture;
(5) a detailed description of how the rights of women,
girls, and minorities in Afghanistan have been impacted,
specifically with respect to access to education, freedom of
movement, and right to employment, since the Taliban's
seizure of power in August 2021;
(6) an evaluation of the ability of human rights defenders,
female activists, and journalists to freely operate in
Afghanistan without fear of reprisal;
(7) an assessment of whether any of the abuses carried out
by the Taliban, or any agency or instrumentality described in
subsection (a), constitute war crimes or crimes against
humanity; and
(8) a description of any steps taken to impede access by
independent human rights monitors and United Nations
investigators.
(c) Form.--The report required by subsection (a) shall be
provided in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
Subtitle F--Sanctions With Respect to the Taliban
SEC. 1761. DEFINITIONS.
In this subtitle:
(1) Admission; admitted; alien.-- The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those
terms in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(2) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(4) Foreign person.--The term ``foreign person''--
(A) means a person that is not a United States person; and
(B) includes an agency or instrumentality of a foreign
government.
(5) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(6) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
(7) United states person.--The term ``United States
person'' means--
(A) a citizen of the United States or an alien lawfully
admitted for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such entity.
SEC. 1762. IMPOSITION OF SANCTIONS WITH RESPECT TO ACTIVITIES
OF THE TALIBAN AND OTHERS IN AFGHANISTAN.
(a) Sanctions Relating to Support for Terrorism.--On and
after the date that is 90 days after the date of the
enactment of this Act, the President shall impose the
sanctions described in subsection (d) with respect to each
foreign person, including any member of the Taliban, that the
President determines provides financial, material, or
technological support for, or financial or other services to
or in support of, any terrorist group in Afghanistan.
(b) Sanctions Relating to Human Rights Abuses.--On and
after the date that is 90 days after the date of the
enactment of this Act, the President shall impose the
sanctions described in subsection (d) with respect to each
foreign person, including any member of the Taliban, that the
President determines is responsible for, complicit in, or has
directly or indirectly engaged in, serious human rights
abuses in Afghanistan.
(c) Sanctions Relating to Drug Trafficking.--On and after
the date that is 90 days after the date of the enactment of
this Act, the President shall impose the sanctions described
in subsection (d) with respect to each foreign person,
including any member of the Taliban, that the President
determines--
(1) plays a significant role in international narcotics
trafficking centered in Afghanistan; or
(2) provides significant financial, material, or
technological support for, or financial or other services to
or in support of, any person described in paragraph (1).
[[Page S7998]]
(d) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Property blocking.--The exercise of all of the powers
granted to the President under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in property
and interests in property of a foreign person described in
subsection (a), (b), or (c) if such property and interests in
property are in the United States, come within the United
States, or come within the possession or control of a United
States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a), (b), or (c) shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of
any alien described in subsection (a), (b), or (c) is subject
to revocation regardless of the issue date of the visa or
other entry documentation.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) cancel any other valid visa or entry documentation
that is in the possession of the alien.
SEC. 1763. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORTERS
OF THE TALIBAN.
(a) In General.--On and after the date that is 180 days
after the date of the enactment of this Act, the President
may impose the sanctions described in subsection (c) with
respect to any foreign person that the President determines
provides support described in subsection (b) to or in support
of--
(1) the Taliban or any member of the Taliban; or
(2) any agency or instrumentality of the Government of
Afghanistan under the direction or control of--
(A) the Taliban or a member of the Taliban; or
(B) another terrorist group or a member of such a group.
(b) Support Described.--Support described in this
subsection is any of the following:
(1) Military or paramilitary training.
(2) Logistical or intelligence support.
(3) Safe haven.
(4) Financial, material, or technological support.
(5) Financial or other services.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Property blocking.--The exercise of all of the powers
granted to the President under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in property
and interests in property of a foreign person described in
subsection if such property and interests in property are in
the United States, come within the United States, or come
within the possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a) may be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of
any alien described in subsection (a) is subject to
revocation regardless of the issue date of the visa or other
entry documentation.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) cancel any other valid visa or entry documentation
that is in the possession of the alien.
SEC. 1764. SUPPORT FOR MULTILATERAL SANCTIONS WITH RESPECT TO
THE TALIBAN.
(a) Voice and Vote at United Nations.--The Secretary of
State shall use the voice and vote of the United States at
the United Nations to maintain the sanctions with respect to
the Taliban described in and imposed pursuant to United
Nations Security Council Resolution 1988 (2011) and United
Nations Security Council Resolution 2255 (2015).
(b) Engagement With Allies and Partners.--The Secretary of
State shall, acting through the Office of Sanctions
Coordination established under section 1(h) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(h)), engage with the governments of allies and partners
of the United States to promote their use of sanctions
against the Taliban, particularly for any support for
terrorism, serious human rights abuses, or international
narcotics trafficking.
SEC. 1765. IMPLEMENTATION; PENALTIES.
(a) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this subtitle.
(b) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
subtitle or any regulation, license, or order issued to carry
out this subtitle shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(c) Report on Implementation of Sanctions.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of State and the Secretary of the Treasury shall
jointly submit to the appropriate congressional committees a
report on the implementation of sanctions under this
subtitle.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A description of the number and identity of foreign
persons with respect to which sanctions were imposed under
sections 1762 and 1763 during the 90-day period preceding
submission of the report.
(B) A description of the efforts of the United States
Government to maintain sanctions on the Taliban at the United
Nations pursuant to section 1764(a) during that period.
(C) A description of the impact of sanctions imposed under
sections 1762 and 1763 on the behavior of the Taliban, other
groups, and other foreign governments during that period.
SEC. 1766. WAIVERS; EXCEPTIONS; SUSPENSION.
(a) Waiver.--The President may waive the application of
sanctions under this subtitle with respect to a foreign
person if the President, not later than 10 days before the
waiver is to take effect, determines and certifies to the
appropriate congressional committees that such a waiver is in
the vital national security interest of the United States.
The President shall submit with the certification a detailed
justification explaining the reasons for the waiver.
(b) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this subtitle shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under section
1762(d)(2) or 1763(c)(2) shall not apply with respect to an
alien if admitting or paroling the alien into the United
States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations; or
(B) to carry out or assist law enforcement activity in the
United States.
(3) Exceptions for humanitarian purposes.--
(A) In general.--Sanctions under this subtitle shall not
apply with respect to the following activities:
(i) Activities to support humanitarian projects to meet
basic human needs in Afghanistan, including--
(I) disaster relief;
(II) assistance to refugees, internally displaced persons,
and conflict victims;
(III) provision of health services; and
(IV) provision of agricultural commodities, food, medicine,
medical devices, or other articles to provide humanitarian
assistance to the people of Afghanistan.
(ii) Activities to support democracy building in
Afghanistan, including projects relating to the rule of law,
citizen participation, government accountability, and civil
society development.
(iii) Activities determined by the Secretary of State to be
appropriate for supporting education in Afghanistan and that
do not directly benefit the Taliban, including combating
illiteracy, increasing access to education, particularly for
girls, and assisting education reform projects.
(iv) Activities that do not directly benefit the Taliban to
prevent infectious disease and promote maternal and child
health, food security, and clean water assistance.
(v) Transactions necessary and incident to activities
described in clauses (i) through (v).
(vi) Transactions incident to travel into or out of
Afghanistan on a commercial or charter flight or through a
land border crossing.
(B) Personal communication.--Sanctions under this subtitle
shall not apply to any postal, telegraphic, telephonic, or
other personal communication that does not involve a transfer
of anything of value.
(C) Internet communications.--Sanctions under this subtitle
shall not apply to the provision of--
(i) services incident to the exchange of personal
communications over the internet or software necessary to
enable such services;
(ii) hardware necessary to enable such services; or
(iii) hardware, software, or technology necessary for
access to the internet.
(D) Goods, services, or technologies necessary to ensure
the safe operation of commercial aircraft.--Sanctions under
this subtitle shall not apply to the provision of
[[Page S7999]]
goods, services, or technologies necessary to ensure the safe
operation of commercial aircraft produced in the United
States or commercial aircraft into which aircraft components
produced in the United States are incorporated, if the
provision of such goods, services, or technologies is
approved by the Secretary of the Treasury, in consultation
with the Secretary of Commerce, pursuant to regulations
prescribed by the Secretary of the Treasury regarding the
provision of such goods, services, or technologies, if
appropriate.
(4) Exception relating to importation of goods.--
(A) In general.--The authorities and requirements to impose
sanctions authorized under this subtitle shall not include
the authority or a requirement to impose sanctions on the
importation of goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
(c) Suspension of Sanctions.--
(1) Suspension.--The Secretary of State, in consultation
with the Secretary of Defense, the Director of National
Intelligence, and the Secretary of the Treasury, may suspend
the imposition of sanctions under this subtitle if the
Secretary of State certifies in writing to the appropriate
congressional committees that the Taliban has--
(A) publicly and privately broken all ties with other
terrorist groups, including al Qaeda;
(B) verifiably prevented the use of Afghanistan as a
platform for terrorist attacks against the United States or
partners or allies of the United States, including by denying
sanctuary space, transit of Afghan territory, and use of
Afghanistan for terrorist training, planning, or equipping;
(C) provided humanitarian actors with full, unimpeded
access to vulnerable populations throughout Afghanistan
without interference or diversion;
(D) respected freedom of movement, including by
facilitating the departure of foreign nationals, applicants
for the special immigrant visa program, and other at-risk
Afghans by air or land routes, and the safe, voluntary, and
dignified return of displaced persons; and
(E) supported the establishment of an inclusive government
of Afghanistan that respects the rule of law, press freedom,
and human rights, including the rights of women and girls.
(2) Report required.--The Secretary of State shall submit
to the appropriate congressional committees with any
certification under paragraph (1) a report addressing in
detail each of the criteria for the suspension of sanctions
under paragraph (1). Such report shall be submitted in
unclassified form.
Subtitle G--General Provisions
SEC. 1771. TERMINATION.
This title shall terminate on the date that is 10 years
after the date of the enactment of this Act.
______
SA 4503. Mr. SULLIVAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. BRIEFING ON SYNCHRONIZATION OF IMPLEMENTATION OF
PACIFIC DETERRENCE INITIATIVE AND EUROPEAN
DETERRENCE INITIATIVE.
(a) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Deputy Secretary of Defense
shall provide to the congressional defense committees a
briefing on the synchronization of the processes used to
implement the Pacific Deterrence Initiative with the
processes used to implement the European Deterrence
Initiative, including--
(1) the allocation of fiscal toplines in the program
objective memorandum process to support such initiatives at
the outset of process;
(2) the role of the combatant commanders in setting
requirements for such initiatives;
(3) the role of the [military departments and other
components of the Armed Forces] in proposing programmatic
options to meet such requirements; and
(4) the role of the combatant commanders, [the military
departments and other components of the Armed Forces], the
Cost Assessment and Program Evaluation Office, and the Deputy
Secretary of Defense in adjudicating requirements and
programmatic options--
(A) before the submission of the program objective
memorandum [for each such initiative]; and
(B) during program review.
(b) Guidance.--In establishing program objective memorandum
guidance for fiscal year 2024, the Deputy Secretary of
Defense shall ensure that the processes used to implement the
Pacific Deterrence Initiative align with the processes used
to implement the European Deterrence Initiative, including
through the allocation of fiscal toplines for each such
initiative in the fiscal year 2024 process.
______
SA 4504. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. INELIGIBILITY FOR GENERALIZED SYSTEM OF
PREFERENCES OF COUNTRIES THAT HOST CHINESE
MILITARY INSTALLATIONS.
Section 502(b)(2) of the Trade Act of 1974 (19 U.S.C.
2462(b)(2)) is amended by inserting after subparagraph (H)
the following:
``(I) Such country has been determined by the President,
based on the recommendation of the United States Trade
Representative, in consultation with the Secretary of State
and the Secretary of Defense, to be hosting on its territory
a military installation of the Government of the People's
Republic of China.''.
______
SA 4505. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII of division A, add
the following:
SEC. 1264. FEASIBILITY STUDY ON SECURITY AND DEFENSE
PARTNERSHIP WITH SOMALILAND.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Foreign Relations of the Senate;
(3) the Committee on Armed Services of the House of
Representatives; and
(4) the Committee on Foreign Affairs of the House of
Representatives.
(b) Feasibility Study.--The Secretary of State, in
consultation with the Secretary of Defense, shall conduct a
study regarding the feasibility of the establishment of a
security and defense partnership between the United States
and Somaliland (a semi-autonomous region of the Republic of
Somalia) that--
(1) is separate and distinct from any security and defense
partnership with the Federal Republic of Somalia;
(2) includes coordination with Somaliland government
security organs, including Somaliland's Ministry of Defense
and Armed Forces;
(3) determines opportunities for collaboration in the
pursuit of United States national security interests in the
Horn of Africa, the Gulf of Aden, and the broader Indo-
Pacific region;
(4) identifies opportunities for United States training of
Somaliland security sector actors to improve
professionalization and capacity; and
(5) is separate and distinct from any security and defense
partnership with the Federal Republic of Somalia.
(c) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense and other relevant
Federal departments and agencies, shall submit a classified
report to the appropriate congressional committees that
contains the results of the study required under subsection
(b), including an assessment of the extent to which--
(1) opportunities exist for the United States to support
the training of Somaliland's security sector actors with a
specific focus on counter-terrorism and maritime security;
(2) Somaliland's security forces have been implicated in
gross violations of human rights during the 3-year period
immediately preceding the date of the enactment of this Act;
(3) the United States has provided, or discussed with
Somaliland government and military officials the provision
of, training to security forces, including--
(A) where such training has been provided;
(B) the extent to which Somaliland security forces have
demonstrated the ability to absorb previous training; and
(C) the ability of Somaliland security forces to maintain
and appropriately utilize such training, as applicable;
(4) a direct United States security and defense partnership
with Somaliland would have a strategic impact, including by
protecting United States and allied maritime interests in the
Bab el-Mandeb Strait and at Somaliland's Berbera Port;
[[Page S8000]]
(5) Somaliland could--
(A) serve as a maritime gateway in East Africa for the
United States and its allies; and
(B) counter Iran's presence in the Gulf of Aden and China's
growing regional military presence; and
(6) a direct United States security and defense partnership
would--
(A) bolster security and defense cooperation and
capabilities between Somaliland and Taiwan;
(B) further stabilize this semi-autonomous region of
Somalia as a democratic counterweight to destabilizing and
anti-democratic forces in Somalia and the wider East Africa
region; and
(C) impact United States capacity to achieve policy
objectives, particularly to degrade and ultimately defeat the
terrorist threat in Somalia posed by al-Shabaab and the
Somalia-based Islamic State affiliate ISIS-Somalia.
(d) Rule of Construction.--Nothing in this section,
including the conduct of the feasibility study under
subsection (b) and the submission of the classified report
under subsection (c), may be construed to convey United
States recognition of Somaliland as an independent state.
______
SA 4506. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. 12__. BRIEFINGS ON STATUS OF OPERATION WELCOME ALLIES AT
INSTALLATIONS OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Not later than 10 days after the date of
the enactment of this Act, and every 15 days thereafter until
September 30, 2022, the Secretary of State, in consultation
with the Secretary of Defense and the Secretary of Homeland
Security, shall provide to the appropriate committees of
Congress a briefing on--
(1) the operational status of Operation Allies Welcome at
installations of the Department of Defense within the
continental United States and overseas;
(2) the processing of applications of nationals of
Afghanistan for special immigrant visas under the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law
111-8) and section 1059 of the National Defense Authorization
Act for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
163); and
(3) the processing of refugee and parolee designations for
nationals of Afghanistan.
(b) Elements.--
(1) Initial briefing.--The initial briefing required by
subsection (a) shall include, for the period beginning on
August 1, 2021, and ending on the date on which the briefing
is provided, the following:
(A)(i) The number of nationals of Afghanistan who have--
(I) submitted applications for--
(aa) special immigrant visas under the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8)
or section 1059 of the National Defense Authorization Act for
Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-163); or
(bb) resettlement in the United States through the United
States Refugee Admissions Program; or
(II) sought entry to the United States as humanitarian
parolees under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)); and
(ii) the location of each such national of Afghanistan.
(B) With respect to any national of Afghanistan who has
been issued such a visa or who has received Chief of Mission
approval, including any such national of Afghanistan who
remains in Afghanistan and is actively in processing, and any
dependent of such a national of Afghanistan, their location
and immigration status.
(C) With respect to the adjudication and processing of
applications for such visas and the entry to the United
States of nationals of Afghanistan as humanitarian parolees--
(i) the number of Department of State and Department of
Homeland Security employees assigned to such adjudication and
processing; and
(ii) the respective timelines for such adjudication and
processing.
(D) A description of the status of any agreement between
the United States and the government of any foreign country
hosting nationals of Afghanistan described in subparagraph
(A) or (B).
(E) An assessment of any required revision to the levels
and forms of United States foreign assistance provided to
entities supporting such nationals of Afghanistan.
(F) The status of any national of Afghanistan who, after
July 1, 2021, submitted an application for such a visa or
sought entry to the United States as a humanitarian parolee
and failed to meet United States vetting requirements.
(G) As of the date of the briefing, the number of nationals
of Afghanistan located at an installation of the Department
of Defense within the continental United States and overseas,
disaggregated by evacuee category and immigration status.
(H) A description of, and justification for, the specific
vetting procedures and requirements applicable to individuals
of each evacuee category and immigration status.
(2) Subsequent briefings.--Each subsequent briefing
required by subsection (a) shall include, for the preceding
15-day period, the information described in subparagraphs (A)
through (F) of paragraph (1).
(c) Form.--A briefing required by subsection (a) may be
provided in classified form, as necessary.
(d) Written Materials.--The Secretary of State, the
Secretary of Defense, or the Secretary of Homeland Security
may submit written materials in conjunction with a briefing
under this section.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
______
SA 4507. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title XXXI, add the following:
SEC. 3157. INCREASE IN AMOUNT AUTHORIZED FOR PLANT-DIRECTED
RESEARCH AND DEVELOPMENT.
Section 308 of the Energy and Water Development and Related
Agencies Appropriations Act, 2009 (50 U.S.C. 2791a) is
amended by striking ``4 percent'' and inserting ``5
percent''.
______
SA 4508. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3114. REPORT ON PLANT-DIRECTED RESEARCH AND DEVELOPMENT.
(a) In General.--Not later than March 15, 2022, the
Administrator for Nuclear Security shall submit to the
congressional defense committees a report on plant-directed
research and development by nuclear weapons production
facilities.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A master plan for plant-directed research and
development that ensures utilization of all funds available
for plant-directed research and development by the nuclear
weapons production facilities.
(2) A list of research, development, and demonstration
activities by each such facility in order to maintain and
enhance the engineering and manufacturing capabilities at the
facility and a brief scope of work for each such activity.
(3) Aa review of current and projected workload
requirements for such activities and cost estimates necessary
to complete each such activity.
(4) A review of the progress made in prioritizing and
funding such activities.
(c) Annual Report.--As part of the annual budget submission
by the President under section 1105(a) of title 31, United
States Code, for fiscal years 2023 through 2027, the
Administrator shall submit to the congressional defense
committees a report describing the progress made in
establishing the master plan required by subsection (b)(1).
(d) Nuclear Weapons Production Facility Defined.--In this
section, the term ``nuclear weapons production facility'' has
the meaning given that term in section 4002 of the Atomic
Energy Defense Act (50 U.S.C. 2501).
______
SA 4509. Mr. SCHATZ (for himself and Ms. Hirono) submitted an
amendment intended to be proposed by him to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
[[Page S8001]]
At the appropriate place, insert the following:
SEC. __. WITHHOLDING OF FUNDS.
The Secretary of Housing and Urban Development shall
withhold all or partial funds to a tribe or tribal entity
under the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.) if, after
consultation with the Secretary of the Interior and the
tribe, the Secretary determines prior to disbursement that
the tribe is not in compliance with obligations under its
1866 treaty with the United States as it relates to the
inclusion of persons who are lineal descendants of Freedmen
as having the rights of the citizens of such tribes, unless a
Federal court has issued a final order that determines the
treaty obligations with respect to including Freedmen as
citizens. For purposes of this section, a court order is not
considered final if time remains for an appeal with respect
to that order.
______
SA 4510. Mr. MARKEY submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3114. INDEPENDENT STUDY ON W80-4 NUCLEAR WARHEAD LIFE
EXTENSION PROGRAM.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall seek to enter into an agreement with a
federally funded research and development center to conduct a
study on the W80-4 nuclear warhead life extension program.
(b) Matters Included.--The study required by subsection (a)
shall include the following:
(1) An explanation of the unexpected increase in cost of
the W80-4 nuclear warhead life extension program.
(2) An analysis of--
(A) the future costs of the program; and
(B) schedule requirements.
(3) An analysis of the impacts on other programs as a
result of the additional cost of the W80-4 nuclear warhead
life extension program, including--
(A) other life extension programs;
(B) infrastructure programs; and
(C) research, development, test, and evaluation programs.
(4) An analysis of the impacts that a delay of the program
will have on other programs as a result of--
(A) technical or management challenges; and
(B) changes in requirements for the W80-4 nuclear warhead
life extension program.
(c) Report Required.--
(1) Submission to nnsa.--Not later than 180 days after the
date of the enactment of this Act, the federally funded
research and development center shall submit to the
Administrator a report on the study required by subsection
(a).
(2) Submission to congress.--Not later than 210 days after
the date of the enactment of this Act, the Administrator
shall submit to the congressional defense committees the
report required by paragraph (1), without change.
(d) Form.--The reports required by subsection (c) shall be
submitted in unclassified form, but may include a classified
annex.
______
SA 4511. Mr. MENENDEZ (for himself and Mr. Rubio) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--U.S.-Greece Defense and Interparliamentary Partnership Act
of 2021
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``U.S.-Greece Defense and
Interparliamentary Partnership Act of 2021''.
SEC. 1292. FINDINGS.
Congress makes the following findings:
(1) The United States and Greece are strong allies in the
North Atlantic Treaty Organization (NATO) and have deepened
their defense relationship in recent years in response to
growing security challenges in the Eastern Mediterranean
region.
(2) Greece participates in several NATO missions, including
Operation Sea Guardian in the Mediterranean and NATO's
mission in Kosovo.
(3) The Eastern Mediterranean Security and Energy
Partnership Act (title II of division J of Public Law 116-
94), authorized new security assistance for Greece and
Cyprus, lifted the United States prohibition on arms
transfers to Cyprus, and authorized the establishment of a
United States-Eastern Mediterranean Energy Center to
facilitate energy cooperation among the United States,
Greece, Israel, and Cyprus.
(4) The United States has demonstrated its support for the
trilateral partnership of Greece, Israel, and Cyprus through
joint engagement with Cyprus, Greece, Israel, and the United
States in the ``3+1'' format.
(5) The United States and Greece have held Strategic
Dialogue meetings in Athens, Washington D.C., and virtually,
and have committed to hold an upcoming Strategic Dialogue
session in 2021 in Washington, D.C.
(6) In October 2019, the United States and Greece agreed to
update the United States-Greece Mutual Defense Cooperation
Agreement, and the amended agreement officially entered into
force on February 13, 2020.
(7) The amended Mutual Defense Cooperation Agreement
provides for increased joint United States-Greece and NATO
activities at Greek military bases and facilities in Larissa,
Stefanovikio, Alexandroupolis, and other parts of central and
northern Greece, and allows for infrastructure improvements
at the United States Naval Support Activity Souda Bay base on
Crete.
(8) In October 2020, Greek Foreign Minister Nikos Dendias
announced that Greece hopes to further expand the Mutual
Defense Cooperation Agreement with the United States.
(9) The United States Naval Support Activity Souda Bay
serves as a critical naval logistics hub for the United
States Navy's 6th Fleet.
(10) In June 2020, United States Ambassador to Greece
Geoffrey Pyatt characterized the importance of Naval Support
Activity Souda Bay as ``our most important platform for the
projection of American power into a strategically dynamic
Eastern Mediterranean region. From Syria to Libya to the
chokepoint of the Black Sea, this is a critically important
asset for the United States, as our air force, naval, and
other resources are applied to support our Alliance
obligations and to help bring peace and stability.''.
(11) The USS Hershel ``Woody'' Williams, the second of a
new class of United States sea-basing ships, is now based out
of Souda Bay, the first permanent United States naval
deployment at the base.
(12) The United States cooperates with the Hellenic Armed
Forces at facilities in Larissa, Stefanovikio, and
Alexandroupolis, where the United States Armed Forces conduct
training, refueling, temporary maintenance, storage, and
emergency response.
(13) The United States has conducted a longstanding
International Military Education and Training (IMET) program
with Greece, and the Government of Greece has committed to
provide $3 for every dollar invested by the United States in
the program.
(14) Greece's defense spending in 2020 amounted to an
estimated 2.68 percent of its gross domestic product (GDP),
exceeding NATO's 2 percent of GDP benchmark agreed to at the
2014 NATO Summit in Wales.
(15) Greece is eligible for the delivery of excess defense
articles under section 516(c)(2) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(c)(2)).
(16) In September 2020, Greek Prime Minister Kyriakos
Mitsotakis announced plans to modernize all three branches of
the Hellenic Armed Forces, which will strengthen Greece's
military position in the Eastern Mediterranean.
(17) The modernization includes upgrades to the arms of all
three branches, including new anti-tank weapons for the
Hellenic Army, new heavy-duty torpedoes for the Hellenic
Navy, and new guided missiles for the Hellenic Air Force.
(18) The Hellenic Navy also plans to upgrade its four MEKO
200HN frigates and purchase four new multirole frigates of an
undisclosed type, to be accompanied by 4 MH-60R anti-
submarine helicopters.
(19) The Hellenic Air Force plans to fully upgrade its
fleet of F-16 jets to the F-16 Viper variant by 2027 and has
expressed interest in participating in the F-35 Joint Strike
Fighter program.
SEC. 1293. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Greece is a pillar of stability in the Eastern
Mediterranean region and the United States should remain
committed to supporting its security and prosperity;
(2) the 3+1 format of cooperation among Cyprus, Greece,
Israel, and the United States has been a successful forum to
cooperate on energy issues and should be expanded to include
other areas of common concern to the members;
(3) the United States should increase and deepen efforts to
partner with and support the modernization of the Greek
military;
(4) it is in the interests of the United States that Greece
continue to transition its military equipment away from
Russian-produced platforms and weapons systems through the
European Recapitalization Investment Program;
(5) the United States Government should continue to deepen
strong partnerships with the Greek military, especially in
co-development and co-production opportunities with the Greek
Navy;
(6) the naval partnerships with Greece at Souda Bay and
Alexandroupolis are mutually beneficial to the national
security of the United States and Greece;
(7) the United States should, as appropriate, support the
sale of F-35 Joint Strike Fighters to Greece;
[[Page S8002]]
(8) the United States Government should continue to invest
in International Military Education and Training (IMET)
programs in Greece;
(9) the United States Government should support joint
maritime security cooperation exercises with Cyprus, Greece,
and Israel;
(10) in accordance with its legal authorities and project
selection criteria, the United States Development Finance
Corporation should consider supporting private investment in
strategic infrastructure projects in Greece, to include
shipyards and ports that contribute to the security of the
region and Greece's prosperity;
(11) the extension of the Mutual Defense Cooperation
Agreement with Greece for a period of five years includes
deepened partnerships at Greek military facilities throughout
the country and is a welcome development; and
(12) the United States Government should establish the
United States-Eastern Mediterranean Energy Center as
authorized in the Eastern Mediterranean Energy and Security
Partnership Act of 2019.
SEC. 1294. FUNDING FOR EUROPEAN RECAPITALIZATION INCENTIVE
PROGRAM.
(a) In General.--To the maximum extent feasible, of the
funds appropriated for the European Recapitalization
Incentive Program, $25,000,000 for each of fiscal years 2022
through 2026 should be considered for Greece as appropriate
to assist the country in meeting its defense needs and
transitioning away from Russian-produced military equipment.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report that
provides a full accounting of all funds distributed under the
European Recapitalization Incentive Program, including--
(1) identification of each recipient country;
(2) a description of how the funds were used; and
(3) an accounting of remaining equipment in recipient
countries that was provided by the then-Soviet Union or
Russian Federation.
SEC. 1295. SENSE OF CONGRESS ON LOAN PROGRAM.
It is the sense of Congress that, as appropriate, the
United States Government should provide direct loans to
Greece for the procurement of defense articles, defense
services, and design and construction services pursuant to
the authority of section 23 of the Arms Export Control Act
(22 U.S.C. 2763) to support the further development of
Greece's military forces.
SEC. 1296. TRANSFER OF F-35 JOINT STRIKE FIGHTER AIRCRAFT TO
GREECE.
The President is authorized to expedite delivery of any
future F-35 aircraft to Greece once Greece is prepared to
move forward with such a purchase on such terms and
conditions as the President may require. Such transfer shall
be submitted to Congress pursuant to the certification
requirements under section 36 of the Arms Export Control Act
(22 U.S.C. 2776).
SEC. 1297. IMET COOPERATION WITH GREECE.
Of the amounts authorized to be appropriated for each of
fiscal years 2022 through 2026 for International Military
Education and Training (IMET) assistance, $1,800,000 shall be
made available for Greece, to the maximum extent practicable.
The assistance shall be made available for the following
purposes:
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States Armed
Forces and Greece's military to build partnerships for the
future.
(4) Enhancement of interoperability and capabilities for
joint operations.
(5) Focusing on professional military education, civilian
control of the military, and protection of human rights.
SEC. 1298. CYPRUS, GREECE, ISRAEL, AND THE UNITED STATES 3+1
INTERPARLIAMENTARY GROUP.
(a) Establishment.--There is established a group, to be
known as the ``Cyprus, Greece, Israel, and the United States
3+1 Interparliamentary Group'', to serve as a legislative
component to the 3+1 process launched in Jerusalem in March
2019.
(b) Membership.--The Cyprus, Greece, Israel, and the United
States 3+1 Interparliamentary Group shall include a group of
not more than 6 United States Senators, to be known as the
``United States group'', who shall be appointed jointly by
the majority leader and the minority leader of the Senate.
(c) Meetings.--Not less frequently than once each year, the
United States group shall meet with members of the 3+1 group
to discuss issues on the agenda of the 3+1 deliberations of
the Governments of Greece, Israel, Cyprus, and the United
States to include maritime security, defense cooperation,
energy initiatives, and countering malign influence efforts
by the People's Republic of China and the Russian Federation.
SEC. 1299. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this subtitle, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
______
SA 4512. Mr. MENENDEZ (for himself and Mr. Risch) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1036. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.
(a) Short Title.--This section may be cited as the ``Trans-
Sahara Counterterrorism Partnership Program Act of 2021''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) terrorist and violent extremist organizations, such as
Al Qaeda in the Islamic Maghreb, Boko Haram, the Islamic
State of West Africa, and other affiliated groups, have
killed tens of thousands of innocent civilians, displaced
populations, destabilized local and national governments, and
caused mass human suffering in the affected communities;
(2) poor governance, political and economic
marginalization, and lack of accountability for human rights
abuses by security forces are drivers of extremism;
(3) it is in the national security interest of the United
States--
(A) to combat the spread of terrorism and violent
extremism; and
(B) to build the capacity of partner countries to combat
such threats in Africa;
(4) terrorist and violent extremist organizations exploit
vulnerable and marginalized communities suffering from
poverty, lack of economic opportunity (particularly among
youth populations), corruption, and weak governance; and
(5) a comprehensive, coordinated interagency approach is
needed to develop an effective strategy--
(A) to address the security challenges in the Sahel-
Maghreb;
(B) to appropriately allocate resources and de-conflict
programs; and
(C) to maximize the effectiveness of United States defense,
diplomatic, and development capabilities.
(c) Statement of Policy.--It is the policy of the United
States to assist countries in North Africa and West Africa,
and other allies and partners that are active in those
regions, in combating terrorism and violent extremism through
a coordinated interagency approach with a consistent strategy
that appropriately balances security activities with
diplomatic and development efforts to address the political,
socioeconomic, governance, and development challenges in
North Africa and West Africa that contribute to terrorism and
violent extremism.
(d) Trans-Sahara Counterterrorism Partnership Program.--
(1) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Select Committee on Intelligence of the Senate;
(E) the Committee on Foreign Affairs of the House of
Representatives;
(F) the Committee on Armed Services of the House of
Representatives;
(G) the Committee on Appropriations of the House of
Representatives; and
(H) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) In general.--
(A) Establishment.--The Secretary of State, in consultation
with the Secretary of Defense and the Administrator of the
United States Agency for International Development, shall
establish a partnership program, which shall be known as the
``Trans-Sahara Counterterrorism Partnership Program''
(referred to in this subsection as the ``Program''), to
coordinate all programs, projects, and activities of the
United States Government in countries in North Africa and
West Africa that are conducted--
(i) to improve governance and the capacities of countries
in North Africa and West Africa to deliver basic services,
particularly to at-risk communities, as a means of countering
terrorism and violent extremism by enhancing state legitimacy
and authority and countering corruption;
(ii) to address the factors that make people and
communities vulnerable to recruitment by terrorist and
violent extremist organizations, including economic
vulnerability and mistrust of government and government
security forces, through activities such as--
(I) supporting strategies that increase youth employment
opportunities;
(II) promoting girls' education and women's political
participation;
(III) strengthening local governance and civil society
capacity;
(IV) improving government transparency and accountability;
(V) fighting corruption;
(VI) improving access to economic opportunities; and
[[Page S8003]]
(VII) other development activities necessary to support
community resilience;
(iii) to strengthen the rule of law in such countries,
including by enhancing the capability of the judicial
institutions to independently, transparently, and credibly
deter, investigate, and prosecute acts of terrorism and
violent extremism;
(iv) to improve the ability of military and law enforcement
entities in partner countries--
(I) to detect, disrupt, respond to, and prosecute violent
extremist and terrorist activity, while respecting human
rights; and
(II) to cooperate with the United States and other partner
countries on counterterrorism and counter-extremism efforts;
(v) to enhance the border security capacity of partner
countries, including the ability to monitor, detain, and
interdict terrorists;
(vi) to identify, monitor, disrupt, and counter the human
capital and financing pipelines of terrorism; or
(vii) to support the free expression and operations of
independent, local-language media, particularly in rural
areas, while countering the media operations and recruitment
propaganda of terrorist and violent extremist organizations.
(B) Assistance framework.--Program activities shall--
(i) be carried out in countries in which the Secretary of
State, in consultation with the Secretary of Defense and the
Administrator of the United States Agency for International
Development--
(I) determines that there is an adequate level of partner
country commitment; and
(II) has considered partner country needs, absorptive
capacity, sustainment capacity, and efforts of other donors
in the sector;
(ii) have clearly defined outcomes;
(iii) be closely coordinated among United States diplomatic
and development missions, United States Africa Command, and
relevant participating departments and agencies;
(iv) have specific plans with robust indicators to
regularly monitor and evaluate outcomes and impact;
(v) complement and enhance efforts to promote democratic
governance, the rule of law, human rights, and economic
growth;
(vi) in the case of train and equip programs, complement
longer-term security sector institution-building; and
(vii) have mechanisms in place to track resources and
routinely monitor and evaluate the efficacy of relevant
programs.
(C) Consultation.--In coordinating activities through the
Program, the Secretary of State shall consult, as
appropriate, with the heads of relevant Federal departments
and agencies, as determined by the President.
(D) Congressional notification.--Not later than 15 days
before obligating amounts for an activity coordinated through
the Program under subparagraph (A), the Secretary of State
shall notify the appropriate congressional committees, in
accordance with section 634A of the Foreign Assistance Act of
1961 (22 U.S.C. 2394-1), of--
(i) the foreign country and entity, as applicable, whose
capabilities are to be enhanced in accordance with the
purposes described in subparagraph (A);
(ii) the amount, type, and purpose of support to be
provided;
(iii) the absorptive capacity of the foreign country to
effectively implement the assistance to be provided;
(iv) the extent to which state security forces of the
foreign country have been implicated in gross violations of
human rights and the risk that obligated funds may be used to
perpetrate further abuses;
(v) the anticipated implementation timeline for the
activity; and
(vi) the plans to sustain any military or security
equipment provided beyond the completion date of such
activity, if applicable, and the estimated cost and source of
funds to support such sustainment.
(3) International coordination.--Efforts carried out under
this subsection--
(A) shall take into account partner country
counterterrorism, counter-extremism, and development
strategies;
(B) shall be aligned with such strategies, to the extent
practicable; and
(C) shall be coordinated with counterterrorism and counter-
extremism activities and programs in the areas of defense,
diplomacy, and development carried out by other like-minded
donors and international organizations in the relevant
country.
(4) Strategies.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the
Administrator of the United States Agency for International
Development and other relevant Federal Government agencies,
shall submit the strategies described in subparagraphs (B)
and (C) to the appropriate congressional committees.
(B) Comprehensive, 5-year strategy for the sahel-maghreb.--
The Secretary of State shall develop a comprehensive, 5-year
strategy for the Sahel-Maghreb, including details related to
whole-of-government efforts in the areas of defense,
diplomacy, and development to advance the national security,
economic, and humanitarian interests of the United States,
including--
(i) efforts to ensure coordination with multilateral and
bilateral partners, such as the Joint Force of the Group of
Five of the Sahel, and with other relevant assistance
frameworks;
(ii) a public diplomacy strategy and actions to ensure that
populations in the Sahel-Maghreb are aware of the development
activities of the United States Government, especially in
countries with a significant Department of Defense presence
or engagement through train and equip programs;
(iii) activities aimed at supporting democratic
institutions and countering violent extremism with measurable
goals and transparent benchmarks;
(iv) plans to help each partner country address
humanitarian and development needs and to help prevent,
respond to, and mitigate intercommunal violence;
(v) a comprehensive plan to support security sector reform
in each partner country that includes a detailed section on
programs and activities being undertaken by relevant
stakeholders and other international actors operating in the
sector; and
(vi) a specific strategy for Mali that includes plans for
sustained, high-level diplomatic engagement with
stakeholders, including countries in Europe and the Middle
East with interests in the Sahel-Maghreb, regional
governments, relevant multilateral organizations, signatory
groups of the Agreement for Peace and Reconciliation in Mali,
done in Algiers July 24, 2014, and civil society actors.
(C) A comprehensive 5-year strategy for program
counterterrorism efforts.--The Secretary of State shall
develop a comprehensive 5-year strategy for the Program that
includes--
(i) a clear statement of the objectives of United States
counterterrorism efforts in North Africa and West Africa with
respect to the use of all forms of United States assistance
to combat terrorism and counter violent extremism, including
efforts--
(I) to build military and civilian law enforcement
capacity;
(II) to strengthen the rule of law;
(III) to promote responsive and accountable governance; and
(IV) to address the root causes of terrorism and violent
extremism;
(ii) a plan for coordinating programs through the Program
pursuant to paragraph (2)(A), including identifying the
agency or bureau of the Department of State, as applicable,
that will be responsible for leading and coordinating each
such program;
(iii) a plan to monitor, evaluate, and share data and
learning about the Program in accordance with monitoring and
evaluation provisions under sections 3 and 4 of the Foreign
Aid Transparency and Accountability Act of 2016 (22 U.S.C.
2394c note and 2394c); and
(iv) a plan for ensuring coordination and compliance with
related requirements in United States law, including the
Global Fragility Act of 2019 (22 U.S.C. 9801 et seq.).
(D) Consultation.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
consult with the appropriate congressional committees
regarding the progress made towards developing the strategies
required under subparagraphs (B) and (C).
(5) Supporting material in annual budget request.--
(A) In general.--The Secretary of State shall include a
description of the requirements, activities, and planned
allocation of amounts requested by the Program in the budget
materials submitted to Congress in support of the President's
annual budget request pursuant to section 1105 of title 31,
United States Code, for each fiscal year beginning after the
date of the enactment of this Act and annually thereafter for
the following 5 years.
(B) Exception.--The requirement under subparagraph (A)
shall not apply to activities of the Department of Defense
conducted pursuant to authorities under title 10, United
States Code.
(6) Monitoring and evaluation of programs and activities.--
Not later than 1 year after the date of the enactment of this
Act, and annually thereafter for the following 5 years, the
Secretary of State, in consultation with the Secretary of
Defense and the Administrator of the United States Agency for
International Development, shall submit a report to the
appropriate congressional committees that describes--
(A) the progress made in meeting the objectives of the
strategies required under subparagraphs (B) and (C) of
paragraph (4), including any lessons learned in carrying out
Program activities and any recommendations for improving such
programs and activities;
(B) the efforts taken to coordinate, de-conflict, and
streamline Program activities to maximize resource
effectiveness;
(C) the extent to which each partner country has
demonstrated the ability to absorb the equipment or training
provided in the previous year under the Program, and as
applicable, the ability to maintain and appropriately utilize
such equipment;
(D) the extent to which each partner country is investing
its own resources to advance the goals described in paragraph
(2)(A) or is demonstrating a commitment and willingness to
cooperate with the United States to advance such goals;
(E) the actions taken by the government of each partner
country receiving assistance under the Program to combat
corruption, improve transparency and accountability, and
promote other forms of democratic governance;
(F) the extent to which state security forces in each
partner country have been implicated in gross violations of
human rights during the reporting period, including how
[[Page S8004]]
such gross violations of human rights have been addressed and
or will be addressed through Program activities;
(G) the assistance provided in each of the 3 preceding
fiscal years under the Program, broken down by partner
country, including the type, statutory authorization, and
purpose of all United States security assistance provided to
the country pursuant to authorities under title 10, United
States Code, the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.), or any other ``train and equip'' authorities
of the Department of Defense; and
(H) any changes or updates to the Comprehensive 5-Year
Strategy for the Program required under paragraph (4)(C)
necessitated by the findings in this annual report.
(7) Reporting requirement related to audit of bureau of
african affairs monitoring and coordination of the trans-
sahara counterterrorism partnership program.--Not later than
90 days after the date of the enactment of this Act, and
every 120 days thereafter until the earlier of the date on
which all 13 recommendations in the September 2020 Department
of State Office of Inspector General audit entitled ``Audit
of the Department of State Bureau of African Affairs
Monitoring and Coordination of the Trans-Sahara
Counterterrorism Partnership Program'' (AUD-MERO-20-42) are
closed or the date that is 3 years after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees that
identifies--
(A) which of the 13 recommendations in AUD-MERO-20-42 have
not been closed;
(B) a description of progress made since the last report
toward closing each recommendation identified under
subparagraph (A);
(C) additional resources needed, including assessment of
staffing capacity, if any, to complete action required to
close each recommendation identified under subparagraph (A);
and
(D) the anticipated timeline for completion of action
required to close each recommendation identified under
subparagraph (A), including application of all
recommendations into all existing security assistance
programs managed by the Department of State under the
Program.
(8) Program administration.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of State
shall submit a report to Congress that describes plans for
conducting a written review of a representative sample of
each of the security assistance programs administered by the
Bureau of African Affairs that--
(A) identifies potential waste, fraud, abuse,
inefficiencies, or deficiencies; and
(B) includes an analysis of staff capacity, including human
resource needs, available resources, procedural guidance, and
monitoring and evaluation processes to ensure that the Bureau
of African Affairs is managing programs efficiently and
effectively.
(9) Form.--The strategies required under subparagraphs (B)
and (C) of paragraph (4) and the report required under
paragraph (6) shall be submitted in unclassified form, but
may include a classified annex.
(e) Rule of Construction.--Nothing in this section may be
construed as authorizing the use of military force.
______
SA 4513. Mr. MENENDEZ (for himself and Mr. Risch) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. ENHANCING TRANSPARENCY ON INTERNATIONAL AGREEMENTS
AND NON-BINDING INSTRUMENTS.
(a) Section 112b of Title 1.--
(1) In general.--Chapter 2 of title 1, United States Code,
is amended by striking section 112b and inserting the
following:
``Sec. 112b. United States international agreements;
transparency provisions
``(a)(1) Not less frequently than once each month, the
Secretary, through the Legal Adviser of the Department of
State, shall provide in writing to the appropriate
congressional committees the following:
``(A)(i) A list of all international agreements and
qualifying non-binding instruments approved for negotiation
by the Secretary or another Department of State officer at
the Assistant Secretary level or higher during the prior
month, or, in the event an international agreement or
qualifying non-binding instrument is not included in the list
required by this clause, a certification corresponding to the
international agreement or qualifying non-binding instrument
as authorized under paragraph (4)(A).
``(ii) A description of the intended subject matter and
parties to or participants for each international agreement
and qualifying non-binding instrument listed pursuant to
clause (i).
``(B)(i) A list of all international agreements and
qualifying non-binding instruments signed, concluded, or
otherwise finalized during the prior month.
``(ii) The text of all international agreements and
qualifying non-binding instruments described in clause (i).
``(iii) A detailed description of the legal authority that,
in the view of the Secretary, provides authorization for each
international agreement and qualifying non-binding instrument
provided under clause (ii) to become operative. If multiple
authorities are relied upon in relation to an international
agreement or qualifying non-binding instrument, the Secretary
shall cite all such authorities. All citations to a treaty or
statute shall include the specific article or section and
subsection reference whenever available and, if not
available, shall be as specific as possible. If the authority
relied upon is or includes article II of the Constitution of
the United States, the Secretary shall explain the basis for
that reliance.
``(C)(i) A list of all international agreements that
entered into force and qualifying non-binding instruments
that became operative for the United States or an agency of
the United States during the prior month.
``(ii) The text of all international agreements and
qualifying non-binding instruments described in clause (i).
``(iii) A statement describing any new or amended statutory
or regulatory authority anticipated to be required to fully
implement each proposed international agreement and
qualifying non-binding instrument included in the list
described in clause (i).
``(iv) A statement of whether there were any opportunities
for public comment on the international agreement or
qualifying non-binding instrument prior to the conclusion of
such agreement or instrument.
``(2) The Secretary may provide any of the information or
texts of international agreements and qualifying non-binding
instruments required under paragraph (1) in classified form
if providing such information in unclassified form could
reasonably be expected to cause damage to the foreign
relations or foreign activities of the United States.
``(3) In the case of a general authorization issued for the
negotiation or conclusion of a series of international
agreements of the same general type, the requirements of this
subsection may be satisfied by the provision in writing of--
``(A) a single notification containing all the information
required by this subsection; and
``(B) a list, to the extent described in such general
authorization, of the countries or entities with which such
agreements are contemplated.
``(4)(A) The Secretary may, on a case-by-case basis, waive
the requirements of subsection (a)(1)(A)(i) with respect to a
specific international agreement or qualifying non-binding
instrument for renewable periods of up to 180 days if the
Secretary certifies in writing to the appropriate
congressional committees that--
``(i) exercising the waiver authority is vital to the
negotiation of a particular international agreement or
qualifying non-binding instrument; and
``(ii) the international agreement or qualifying non-
binding instrument would significantly and materially advance
the foreign policy or national security interests of the
United States.
``(B) The Secretary shall brief the Majority Leader and the
Minority Leader of the Senate, the Speaker and the Minority
Leader of the House of Representatives, and the Chairs and
Ranking Members of the appropriate congressional committees
on the scope and status of the negotiation that is the
subject of the waiver under subparagraph (A)--
``(i) not later than 60 calendar days after the date on
which the Secretary exercises the waiver; and
``(ii) once every 180 calendar days during the period in
which a renewed waiver is in effect.
``(C) The certification required by subparagraph (A) may be
provided in classified form.
``(D) The Secretary shall not delegate the waiver authority
or certification requirements under subparagraph (A). The
Secretary shall not delegate the briefing requirements under
subparagraph (B) to any person other than the Deputy
Secretary.
``(b)(1) Not less frequently than once each month, the
Secretary shall make the text of all international agreements
that entered into force during the prior month, and the
information required by subparagraph (B)(iii) of subsection
(a)(1) and clauses (iii) and (iv) of subparagraph (C) of such
subsection, available to the public on the website of the
Department of State.
``(2) The requirement under paragraph (1)--
``(A) shall not apply to any information, including the
text of an international agreement, that is classified; and
``(B) shall apply to any information, including the text of
an international agreement, that is unclassified, except that
the information required by subparagraph (B)(iii) of
subsection (a)(1) and clauses (iii) and (iv) of subparagraph
(C) of such subsection shall not be subject to the
requirement under paragraph (1) if the international
agreement to which it relates is classified.
``(3)(A) Not less frequently than once every 90 calendar
days, the Secretary shall make the text of all unclassified
qualifying non-binding instruments that become operative
available to the public on the website of the Department of
State.
[[Page S8005]]
``(B) The requirement under subparagraph (A) shall not
apply to a qualifying non-binding instrument if making the
text of that instrument available to the public could
reasonably be expected to cause damage to the foreign
relations or foreign activities of the United States.
``(c) For any international agreement or qualifying non-
binding instrument, not later than 30 calendar days after the
date on which the Secretary receives a written communication
from the Chair or Ranking Member of either of the appropriate
congressional committees requesting copies of any
implementing agreements or instruments, whether binding or
non-binding, the Secretary shall submit such implementing
agreements or instruments to the appropriate congressional
committees.
``(d) Any department or agency of the United States
Government that enters into any international agreement or
qualifying non-binding instrument on behalf of itself or the
United States shall--
``(1) provide to the Secretary the text of each
international agreement not later than 30 calendar days after
the date on which such agreement is signed;
``(2) provide to the Secretary the text of each qualifying
non-binding instrument not later than 30 calendar days after
the date of the written communication described in subsection
(m)(3)(A)(ii)(II); and
``(3) on an ongoing basis, provide any implementing
material to the Secretary for transmittal to the appropriate
congressional committees as needed to satisfy the
requirements described in subsection (c).
``(e)(1) Each department or agency of the United States
Government that enters into any international agreement or
qualifying non-binding instrument on behalf of itself or the
United States shall designate a Chief International
Agreements Officer, who shall--
``(A) be selected from among employees of such department
or agency;
``(B) serve concurrently as the Chief International
Agreements Officer; and
``(C) subject to the authority of the head of such
department or agency, have department- or agency-wide
responsibility for efficient and appropriate compliance with
this section.
``(2) The Chief International Agreements Officer of the
Department of State shall serve in the Office of the Legal
Adviser with the title of International Agreements Compliance
Officer.
``(f) Texts of oral international agreements and qualifying
non-binding instruments shall be reduced to writing and
subject to the requirements of subsection (a).
``(g) Notwithstanding any other provision of law, an
international agreement may not be signed or otherwise
concluded on behalf of the United States without prior
consultation with the Secretary. Such consultation may
encompass a class of agreements rather than a particular
agreement.
``(h)(1) Notwithstanding any other provision of law, no
amounts appropriated to the Department of State under any law
shall be available for obligation or expenditure to conclude
or implement or to support the conclusion or implementation
of (including through the use of personnel or resources
subject to the authority of a chief of mission) an
international agreement, other than to facilitate compliance
with this section, until the Secretary satisfies the
substantive requirements in subsection (a) with respect to
that international agreement.
``(2)(A) An obligation or expenditure of funds that does
not comply with the prohibition described in paragraph (1)
shall not constitute a violation of paragraph (1) or any
other law if such violation was inadvertent.
``(B) For purposes of this subsection, a violation shall be
considered to be inadvertent if, not later than 5 business
days after the date on which a Department of State official
first learns of the violation, the Secretary--
``(i) certifies in writing to the appropriate congressional
committees that, to the Secretary's knowledge, the Department
of State was unaware of the violation at the time of the
obligation or expenditure; and
``(ii) satisfies the substantive requirements in subsection
(a) with respect to the international agreement concerned.
``(3) This subsection shall take effect on October 1, 2022.
``(i)(1) Not later than 3 years after the date of the
enactment of this Act, and not less frequently than once
every 2 years thereafter, the Comptroller General of the
United States shall conduct an audit of the compliance of the
Secretary with the requirements of this section.
``(2) In any instance in which a failure by the Secretary
to comply with such requirements is determined by the
Comptroller General to have been due to the failure or
refusal of another agency to provide information or material
to the Department of State, or the failure to do so in a
timely manner, the Comptroller General shall engage such
other agency to determine--
``(A) the cause and scope of such failure or refusal;
``(B) the specific office or offices responsible for such
failure or refusal; and
``(C) penalties or other recommendations for measures to
ensure compliance with statutory requirements.
``(3) The Comptroller General shall submit to the
appropriate congressional committees in writing the results
of each audit required by paragraph (1).
``(4) The Comptroller General and the Secretary shall make
the results of each audit required by paragraph (1) publicly
available on the websites of the Government Accountability
Office and the Department of State, respectively.
``(j)(1) Not later than February 1 of each year, the
Secretary shall submit to the appropriate congressional
committees a written report that contains a list of--
``(A) all international agreements and qualifying non-
binding instruments that were signed or otherwise concluded,
entered into force or otherwise became operative, or that
were modified or otherwise amended during the preceding
calendar year; and
``(B) for each agreement and instrument included in the
list under subparagraph (A)--
``(i) the dates of any action described in such
subparagraph;
``(ii) the title of the agreement or instrument; and
``(iii) a summary of the agreement or instrument (including
a description of the duration of activities under the
agreement or instrument and a description of the agreement or
instrument).
``(2) The report described in paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
``(3)(A) The Secretary should make the report, except for
any classified annex, available to the public on the website
of the Department of State.
``(B) Not later than February 1 of each year, the Secretary
shall make available to the public on the website of the
Department of State each part of the report involving an
international agreement or qualifying non-binding instrument
that entered into force or became operative during the
preceding calendar year, except for any classified annex or
information contained therein.
``(4) Not less frequently than once every 90 calendar days,
the Secretary shall brief the appropriate congressional
committees on developments with regard to treaties, other
international agreements, and non-binding instruments that
have an important effect on the foreign relations of the
United States.
``(k) The President shall, through the Secretary,
promulgate such rules and regulations as may be necessary to
carry out this section.
``(l) It is the sense of Congress that the executive branch
should not prescribe or otherwise commit to or include
specific legislative text in a treaty, executive agreement,
or non-binding instrument unless Congress has authorized such
action.
``(m) In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Foreign Relations of the Senate; and
``(B) the Committee on Foreign Affairs of the House of
Representatives.
``(2) The term `Deputy Secretary' means the Deputy
Secretary of State.
``(3) The term `intelligence community' has the meaning
given that term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4)).
``(4) The term `international agreement' includes--
``(A) any treaty that requires the advice and consent of
the Senate, pursuant to article II of the Constitution of the
United States; and
``(B) any other international agreement to which the United
States is a party and that is not subject to the advice and
consent of the Senate.
``(5)(A) The term `qualifying non-binding instrument' means
a non-binding instrument that--
``(i) is or will be under negotiation or is signed or
otherwise becomes operative with one or more foreign
governments, international organizations, or foreign
entities, including non-state actors; and
``(ii)(I) could reasonably be expected to have a
significant impact on the foreign policy of the United
States; or
``(II) is the subject of a written communication from the
Chair or Ranking Member of either of the appropriate
congressional committees to the Secretary.
``(B) The term `qualifying non-binding instrument' does not
include any non-binding instrument that is signed or
otherwise becomes operative pursuant to the authorities
provided in title 10 or the authorities provided to any
element of the intelligence community.
``(6) The term `Secretary' means the Secretary of State.
``(7)(A) The term `text' with respect to an international
agreement or qualifying non-binding instrument includes--
``(i) any annex, appendix, codicil, side agreement, side
letter, or any document of similar purpose or function to the
aforementioned, regardless of the title of the document, that
is entered into contemporaneously and in conjunction with the
international agreement or qualifying non-binding instrument;
and
``(ii) any implementing agreement or arrangement, or any
document of similar purpose or function to the aforementioned
regardless of the title of the document, that is entered into
contemporaneously and in conjunction with the international
agreement or qualifying non-binding instrument.
``(B) Under clauses (i) and (ii) of subparagraph (A), the
term `contemporaneously and in conjunction with' shall be
construed liberally and shall not be interpreted to mean
simultaneously or on the same day.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of title
[[Page S8006]]
1, United States Code, is amended by striking the item
relating to section 112b and inserting the following:
``112b. United states international agreements; transparency
provisions.''.
(3) Technical and conforming amendment relating to
authorities of the secretary of state.--Section 317(h)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 195c(h)(2)) is
amended by striking ``Section 112b(c)'' and inserting
``Section 112b(g)''.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Department of State $1,000,000 for
each of fiscal years 2022 through 2026 for purposes of
implementing the requirements of section 112b of title 1,
United States Code, as amended by this subsection.
(5) Rules and regulations.--Not later than 180 days after
the date of the enactment of this Act, the President shall,
through the Secretary of State, promulgate such rules and
regulations as may be necessary to carry out section 112b of
title 1, United States Code, as amended by this subsection.
(b) Section 112a of Title 1.--Section 112a of title 1,
United States Code, is amended--
(1) in subsection (a), by striking ``(a) The Secretary''
and inserting ``The Secretary''; and
(2) by striking subsections (b), (c), and (d).
______
SA 4514. Mr. WHITEHOUSE (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. RESEARCH INTO NON-OPIOID PAIN MANAGEMENT.
(a) In General.--The Secretary of Health and Human
Services, acting through the Director of the National
Institutes of Health and the Director of the Centers for
Disease Control and Prevention, shall carry out research with
respect to non-opioid methods of pain management, including
non-pharmaceutical remedies for pain and integrative medicine
solutions.
(b) Authorization of Appropriations.--For purposes of
conducting research under this section, there are authorized
to be appropriated such sums as may be necessary for each of
fiscal years 2022 through 2026.
SEC. 1065. LONG-TERM TREATMENT AND RECOVERY SUPPORT SERVICES
OUTCOMES RESEARCH.
(a) In General.--The Secretary of Health and Human Services
shall award grants to eligible entities to carry out
evidence-based, long-term outcomes research, over 5-year
periods, for different modalities of treatment and recovery
support for substance use disorder, including culturally
competent (as defined in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002)) treatment. Such research shall measure
mortality, morbidity, physical and emotional health,
employment, stable housing, criminal justice involvement,
family relationships, and other quality-of-life measures.
Such research shall distinguish outcomes based on race,
gender, and socioeconomic status, as well as any other
relevant characteristics.
(b) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated such sums as
may be necessary.
SEC. 1066. CONTINUING CARE AND COMMUNITY SUPPORT TO MAINTAIN
RECOVERY.
Title V of the Public Health Service Act is amended by
inserting after section 547A of such Act (42 U.S.C. 290ee-2a)
the following:
``SEC. 547B. CONTINUING CARE AND COMMUNITY SUPPORT TO
MAINTAIN RECOVERY.
``(a) In General.--The Secretary shall award grants to peer
recovery support services, for the purposes of providing
continuing care and ongoing community support for individuals
to maintain recovery from substance use disorders.
``(b) Definition.--For purposes of this section, the term
`peer recovery support services' means an independent
nonprofit organization that provides peer recovery support
services, through credentialed peer support professionals.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated, for each of fiscal years 2022
through 2026, $50,000,000 for purposes of awarding grants
under subsection (a).''.
______
SA 4515. Mr. MENENDEZ (for himself and Mr. Risch) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act of 2021''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term ``
`appropriate congressional committees' '' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(2) Department.--If not otherwise specified, the term ``
`Department' '' means the Department of State.
(3) Secretary.--If not otherwise specified, the term ``
`Secretary' '' means the Secretary of State.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 5101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF
STATE'S WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of
the many complex and interconnected threats facing the United
States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment of these tools is vital
to United States national security;
(4) challenges such as the global refugee and migration
crises, terrorism, historic famine and food insecurity, and
fragile or repressive societies cannot be addressed without
sustained and robust United States diplomatic and development
leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at its
disposal to protect United States citizens, promote United
States interests and values, and support global stability and
prosperity;
(6) United States security and prosperity depend on having
partners and allies that share our interests and values, and
these partnerships are nurtured and our shared interests and
values are promoted through United States diplomatic
engagement, security cooperation, economic statecraft, and
assistance that helps further economic development, good
governance, including the rule of law and democratic
institutions, and the development of shared responses to
natural and humanitarian disasters;
(7) as the United States Government agencies primarily
charged with conducting diplomacy and development, the
Department and the United States Agency for International
Development (USAID) require sustained and robust funding to
carry out this important work, which is essential to our
ability to project United States leadership and values and to
advance United States interests around the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other
infectious diseases, strengthening alliances, expanding
educational opportunities for women and girls, promoting good
governance and democracy, supporting anti-corruption efforts,
driving economic development and trade, preventing armed
conflicts and humanitarian crises, and creating American jobs
and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of United
States power and leadership worldwide, and without which
Americans would be less safe, United States economic power
would be diminished, and global stability and prosperity
would suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also being
cost-effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and allow
the United States to maintain its leadership around the
world.
SEC. 5102. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.
Paragraph (2) of section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``All special envoys, ambassadors, and
coordinators located within the Bureau of Democracy, Human
Rights, and Labor shall report directly to the Assistant
Secretary unless otherwise provided by law.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``section'' and inserting ``sections 116
and''; and
(B) by inserting before the period at the end the
following: ``(commonly referred to as the annual `Country
Reports on Human Rights Practices')''; and
(3) by adding at the end the following new subparagraphs:
``(C) Authorities.--In addition to the duties, functions,
and responsibilities specified in this paragraph, the
Assistant Secretary of State for Democracy, Human Rights, and
Labor is authorized to--
``(i) promote democracy and actively support human rights
throughout the world;
``(ii) promote the rule of law and good governance
throughout the world;
``(iii) strengthen, empower, and protect civil society
representatives, programs, and
[[Page S8007]]
organizations, and facilitate their ability to engage in
dialogue with governments and other civil society entities;
``(iv) work with regional bureaus to ensure adequate
personnel at diplomatic posts are assigned responsibilities
relating to advancing democracy, human rights, labor rights,
women's equal participation in society, and the rule of law,
with particular attention paid to adequate oversight and
engagement on such issues by senior officials at such posts;
``(v) review and, as appropriate, make recommendations that
shall be given equal weight to those of other bureaus or
offices to the Secretary of State regarding the proposed
transfer of--
``(I) defense articles and defense services authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or the Arms Export Control Act (22 U.S.C. 2751 et
seq.); and
``(II) military items listed on the `600 series' of the
Commerce Control List contained in Supplement No. 1 to part
774 of subtitle B of title 15, Code of Federal Regulations;
``(vi) coordinate programs and activities that protect and
advance the exercise of human rights and internet freedom in
cyberspace; and
``(vii) implement other relevant policies and provisions of
law.
``(D) Local oversight.--United States missions, when
executing DRL programming, to the extent practicable, should
assist in exercising oversight authority and coordinate with
the Bureau of Democracy, Human Rights, and Labor to ensure
that funds are appropriately used and comply with anti-
corruption practices.''.
SEC. 5103. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS
AND LAW ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and
law enforcement affairs.--
``(A) In general.--There is authorized to be in the
Department of State an Assistant Secretary for International
Narcotics and Law Enforcement Affairs, who shall be
responsible to the Secretary of State for all matters,
programs, and related activities pertaining to international
narcotics, anti-crime, and law enforcement affairs in the
conduct of foreign policy by the Department, including, as
appropriate, leading the coordination of programs carried out
by United States Government agencies abroad, and such other
related duties as the Secretary may from time to time
designate.
``(B) Areas of responsibility.--The Assistant Secretary for
International Narcotics and Law Enforcement Affairs shall
maintain continuous observation and coordination of all
matters pertaining to international narcotics, anti-crime,
and law enforcement affairs in the conduct of foreign policy,
including programs carried out by other United States
Government agencies when such programs pertain to the
following matters:
``(i) Combating international narcotics production and
trafficking.
``(ii) Strengthening foreign justice systems, including
judicial and prosecutorial capacity, appeals systems, law
enforcement agencies, prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping foreign police, border
control, other government officials, and other civilian law
enforcement authorities for anti-crime purposes, including
ensuring that no foreign security unit or member of such unit
shall receive such assistance from the United States
Government absent appropriate vetting.
``(iv) Ensuring the inclusion of human rights and women's
participation issues in law enforcement programs, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, and other senior officials in
regional and thematic bureaus and offices.
``(v) Combating, in conjunction with other relevant bureaus
of the Department of State and other United States Government
agencies, all forms of transnational organized crime,
including human trafficking, illicit trafficking in arms,
wildlife, and cultural property, migrant smuggling,
corruption, money laundering, the illicit smuggling of bulk
cash, the licit use of financial systems for malign purposes,
and other new and emerging forms of crime.
``(vi) Identifying and responding to global corruption,
including strengthening the capacity of foreign government
institutions responsible for addressing financial crimes and
engaging with multilateral organizations responsible for
monitoring and supporting foreign governments' anti-
corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B), the Assistant
Secretary for International Narcotics and Law Enforcement
Affairs shall also--
``(i) carry out timely and substantive consultation with
chiefs of mission and, as appropriate, the heads of other
United States Government agencies to ensure effective
coordination of all international narcotics and law
enforcement programs carried out overseas by the Department
and such other agencies;
``(ii) coordinate with the Office of National Drug Control
Policy to ensure lessons learned from other United States
Government agencies are available to the Bureau of
International Narcotics and Law Enforcement Affairs of the
Department;
``(iii) develop standard requirements for monitoring and
evaluation of Bureau programs, including metrics for success
that do not rely solely on the amounts of illegal drugs that
are produced or seized;
``(iv) in coordination with the Secretary of State,
annually certify in writing to the Committee on Foreign
Relations of the Senate that United States and the Committee
on Foreign Affairs of the House of Representatives
enforcement personnel posted abroad whose activities are
funded to any extent by the Bureau of International Narcotics
and Law Enforcement Affairs are complying with section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927); and
``(v) carry out such other relevant duties as the Secretary
may assign.
``(D) Rule of construction.--Nothing in this paragraph may
be construed to limit or impair the authority or
responsibility of any other Federal agency with respect to
law enforcement, domestic security operations, or
intelligence activities as defined in Executive Order
12333.''.
(b) Modification of Annual International Narcotics Control
Strategy Report.--Subsection (a) of section 489 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291h) is amended
by inserting after paragraph (9) the following new paragraph:
``(10) A separate section that contains an identification
of all United States Government-supported units funded by the
Bureau of International Narcotics and Law Enforcement Affairs
and any Bureau-funded operations by such units in which
United States law enforcement personnel have been physically
present.''.
SEC. 5104. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION,
REFUGEES, AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (j); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Bureau of Consular Affairs.--There is in the
Department of State the Bureau of Consular Affairs, which
shall be headed by the Assistant Secretary of State for
Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There
is in the Department of State the Bureau of Population,
Refugees, and Migration, which shall be headed by the
Assistant Secretary of State for Population, Refugees, and
Migration.''.
SEC. 5105. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the
Department of State an Office of International Disability
Rights (referred to in this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons with
disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities;
(3) promote disability inclusive practices and the training
of Department of State staff on soliciting quality programs
that are fully inclusive of people with disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of
persons with disabilities, and work to raise the profile of
disability across a broader range of organizations
contributing to international development efforts;
(5) conduct regular consultation with civil society
organizations working to advance international disability
rights and empower persons with disabilities internationally;
(6) consult with other relevant offices at the Department
that are responsible for drafting annual reports documenting
progress on human rights, including, wherever applicable,
references to instances of discrimination, prejudice, or
abuses of persons with disabilities;
(7) advise the Bureau of Human Resources or its equivalent
within the Department regarding the hiring and recruitment
and overseas practices of civil service employees and Foreign
Service officers with disabilities and their family members
with chronic medical conditions or disabilities; and
(8) carry out such other relevant duties as the Secretary
of State may assign.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant Secretary
of State; or
(2) an officer exercising significant authority who reports
to the President or Secretary of State, appointed by and with
the advice and consent of the Senate.
(d) Consultation.--The Secretary of State should direct
Ambassadors at Large, Representatives, Special Envoys, and
coordinators working on human rights to consult with the
Office to promote the human rights and full participation in
international development activities of all persons with
disabilities.
SEC. 5106. SPECIAL APPOINTMENT AUTHORITY.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a), as amended by section 5104 of this
Act, is further amended by inserting after subsection (h) the
following new subsection:
``(i) Special Appointments.--
[[Page S8008]]
``(1) Positions exercising significant authority.--The
President may, by and with the advice and consent of the
Senate, appoint an individual as a Special Envoy, Special
Representative, Special Coordinator, Special Negotiator,
Envoy, Representative, Coordinator, Special Advisor, or other
position performing a similar function, regardless of title,
at the Department of State exercising significant authority
pursuant to the laws of the United States. Except as provided
in paragraph (3) or in clause 3, section 2, article II of the
Constitution (relating to recess appointments), an individual
may not be designated as a Special Envoy, Special
Representative, Special Coordinator, Special Negotiator,
Envoy, Representative, Coordinator, Special Advisor, or other
position performing a similar function, regardless of title,
at the Department exercising significant authority pursuant
to the laws of the United States without the advice and
consent of the Senate.
``(2) Positions not exercising significant authority.--The
President or Secretary of State may appoint any Special
Envoy, Special Representative, Special Coordinator, Special
Negotiator, Special Envoy, Representative, Coordinator,
Special Advisor, or other position performing a similar
function, regardless of title, at the Department of State not
exercising significant authority pursuant to the laws of the
United States without the advice and consent of the Senate,
if the President or Secretary, not later than 15 days before
the appointment of a person to such a position, submits to
the appropriate congressional committees a notification that
includes the following:
``(A) A certification that the position does not require
the exercise of significant authority pursuant to the laws of
the United States.
``(B) A description of the duties and purpose of the
position.
``(C) The rationale for giving the specific title and
function to the position.
``(3) Limited exception for temporary appointments
exercising significant authority.--The President may maintain
or establish a position with the title of Special Envoy,
Special Representative, Special Coordinator, Special
Negotiator, Envoy, Representative, Coordinator, Special
Advisor, or other position performing a similar function,
regardless of title, at the Department of State exercising
significant authority pursuant to the laws of the United
States for not longer than 180 days if the Secretary of
State, not later than 15 days after the appointment of a
person to such a position, or 30 days after the date of the
enactment of this subsection, whichever is earlier, submits
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a notification that includes the following:
``(A) The necessity for conferring such title and function.
``(B) The dates during which such title and function will
be held.
``(C) The justification for not submitting the proposed
conferral of such title and function to the Senate as a
nomination for advice and consent to appointment.
``(D) All relevant information concerning any potential
conflict of interest which the proposed recipient of such
title and function may have with regard to the appointment.
``(4) Renewal of temporary appointment.--The President may
renew for one period not to exceed 180 days any position
maintained or established under paragraph (3) if the
President, not later than 15 days before issuing such
renewal, submits to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a detailed justification on the necessity of
such extension, including the dates with respect to which
such title will continue to be held and the justification for
not submitting such title to the Senate as a nomination for
advice and consent.
``(5) Exemption.--Paragraphs (1) through (4) shall not
apply to a Special Envoy, Special Representative, Special
Coordinator, Special Negotiator, Envoy, Representative,
Coordinator, Special Advisor, or other person performing a
similar function, regardless of title, at the Department of
State if the position is expressly mandated by statute.
``(6) Effective date.--This subsection shall apply to
appointments made on or after January 3, 2023.''.
SEC. 5107. REPEAL OF AUTHORITY FOR SPECIAL REPRESENTATIVE AND
POLICY COORDINATOR FOR BURMA.
Section 7 of the Tom Lantos Block Burmese Jade (Junta's
Anti-Democratic Efforts) Act of 2008 (Public Law 110-286; 50
U.S.C. 1701 note) relating to the establishment of a Special
Representative and Policy Coordinator for Burma) is hereby
repealed.
SEC. 5108. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the
participation by the United States in the Information Sharing
Centre located in Singapore, as established by the Regional
Cooperation Agreement on Combating Piracy and Armed Robbery
against Ships in Asia (ReCAAP).
SEC. 5109. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL
SECURITY.
It is the sense of Congress that--
(1) the Department is a crucial national security agency,
whose employees, both Foreign and Civil Service, require the
best possible training at every stage of their careers to
prepare them to promote and defend United States national
interests and the health and safety of United States citizens
abroad;
(2) the Secretary should explore establishing a ``training
float'' requiring that a certain percentage of the Foreign
Service shall be in long-term training at any given time;
(3) the Department's Foreign Service Institute should seek
to substantially increase its educational and training
offerings to Department personnel, including developing new
and innovative educational and training courses, methods,
programs, and opportunities; and
(4) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and
Foreign Service Institute may accept funds and other
resources from foundations, not-for-profit corporations, and
other appropriate sources to help the Department and the
Institute accomplish the goals specified in paragraph (3).
SEC. 5110. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE
OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting ``If a
position designated under this section is unfilled for more
than 365 calendar days, such position may be filled, as
appropriate, on a temporary basis, in accordance with section
309.'' after ``Positions designated under this section are
excepted from the competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)),
by inserting ``, or domestically, in a position working on
issues relating to a particular country or geographic area,''
after ``geographic area''.
SEC. 5111. ENERGY DIPLOMACY AND SECURITY WITHIN THE
DEPARTMENT OF STATE.
Subsection (c) of section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a), as amended by
section 5103 of this Act, is further amended--
(1) by redesignating paragraph (4) (as redesignated
pursuant to such section 5103) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Energy resources.--
``(A) Authorization for assistant secretary.--Subject to
the numerical limitation specified in paragraph (1), there is
authorized to be established in the Department of State an
Assistant Secretary of State for Energy Resources.
``(B) Personnel.--If the Department establishes an
Assistant Secretary of State for Energy Resources in
accordance with the authorization provided in subparagraph
(A), the Secretary of State shall ensure there are sufficient
personnel dedicated to energy matters within the Department
of State whose responsibilities shall include--
``(i) formulating and implementing international policies
aimed at protecting and advancing United States energy
security interests by effectively managing United States
bilateral and multilateral relations;
``(ii) ensuring that analyses of the national security
implications of global energy and environmental developments
are reflected in the decision making process within the
Department;
``(iii) incorporating energy security priorities into the
activities of the Department;
``(iv) coordinating energy activities of the Department
with relevant Federal departments and agencies;
``(v) coordinating with the Office of Sanctions
Coordination on economic sanctions pertaining to the
international energy sector; and
``(vi) working internationally to--
``(I) support the development of energy resources and the
distribution of such resources for the benefit of the United
States and United States allies and trading partners for
their energy security and economic development needs;
``(II) promote availability of diversified energy supplies
and a well-functioning global market for energy resources,
technologies, and expertise for the benefit of the United
States and United States allies and trading partners;
``(III) resolve international disputes regarding the
exploration, development, production, or distribution of
energy resources;
``(IV) support the economic and commercial interests of
United States persons operating in the energy markets of
foreign countries;
``(V) support and coordinate international efforts to
alleviate energy poverty;
``(VI) leading the United States commitment to the
Extractive Industries Transparency Initiative; and
``(VII) coordinating energy security and other relevant
functions within the Department currently undertaken by--
``(aa) the Bureau of Economic and Business Affairs;
``(bb) the Bureau of Oceans and International Environmental
and Scientific Affairs; and
``(cc) other offices within the Department of State.''.
SEC. 5112. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of
1956 is amended by adding after section 63 (22 U.S.C. 2735)
the following new section:
``SEC. 64. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
[[Page S8009]]
``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services and related events, including organizing
programs and conference activities, museum shop services and
food services in the public exhibition and related space
utilized by the National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and outreach services
and related events referred to in such paragraph, including
fees for use of facilities at the National Museum for
American Diplomacy. Any such revenues may be retained as a
recovery of the costs of operating the museum.
``(b) Disposition of National Museum of American Diplomacy
Documents, Artifacts, and Other Articles.--
``(1) Property.--All historic documents, artifacts, or
other articles permanently acquired by the Department of
State and determined by the Secretary of State to be suitable
for display by the National Museum of American Diplomacy
shall be considered to be the property of the United States
Government and shall be subject to disposition solely in
accordance with this subsection.
``(2) Sale, trade, or transfer.--Whenever the Secretary of
State makes the determination described in paragraph (3) with
respect to a document, artifact, or other article under
paragraph (1), the Secretary may sell at fair market value,
trade, or transfer such document, artifact, or other article
without regard to the requirements of subtitle I of title 40,
United States Code. The proceeds of any such sale may be used
solely for the advancement of the mission of the National
Museum of American Diplomacy and may not be used for any
purpose other than the acquisition and direct care of the
collections of the museum.
``(3) Determinations prior to sale, trade, or transfer.--
The determination described in this paragraph with respect to
a document, artifact, or other article under paragraph (1),
is a determination that--
``(A) such document, artifact, or other article no longer
serves to further the purposes of the National Museum of
American Diplomacy as set forth in the collections management
policy of the museum;
``(B) the sale, trade, or transfer of such document,
artifact, or other article would serve to maintain the
standards of the collection of the museum; or
``(C) sale, trade, or transfer of such document, artifact,
or other article would be in the best interests of the United
States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer of
documents, artifacts, or other articles under paragraph (1),
the Secretary of State may loan such documents, artifacts, or
other articles, when not needed for use or display by the
National Museum of American Diplomacy to the Smithsonian
Institution or a similar institution for repair, study, or
exhibition.''.
SEC. 5113. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN
FOR COSTS INCURRED FROM THE ILLEGAL SEIZURE AND
DETENTION OF U.S.-FLAG FISHING VESSELS BY
FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is
amended to read as follows:
``(e) Amounts.--Payments may be made under this section
only to such extent and in such amounts as are provided in
advance in appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and apply as if the date specified in subsection (e) of
section 7 of the Fishermen's Protective Act of 1967, as in
effect on the day before the date of the enactment of this
Act, were the day after such date of enactment.
(2) Agreements and payments.--The Secretary is authorized
to--
(A) enter into agreements pursuant to section 7 of the
Fishermen's Protective Act of 1967 for any claims to which
such section would otherwise apply but for the date specified
in subsection (e) of such section, as in effect on the day
before the date of the enactment of this Act; and
(B) make payments in accordance with agreements entered
into pursuant to such section if any such payments have not
been made as a result of the expiration of the date specified
in such section, as in effect on the day before the date of
the enactment of this Act.
SEC. 5114. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated
for the purchase of any piece of art for the purposes of
installation or display in any embassy, consulate, or other
foreign mission of the United States if the purchase price of
such piece of art is in excess of $50,000, unless such
purchase is subject to prior consultation with, and the
regular notification procedures of, the appropriate
congressional committees.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the costs of
the Art in Embassies Program for each of fiscal years 2012,
2013, and 2014.
(c) Sunset.--This section shall terminate on the date that
is 2 years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and
craft art.
SEC. 5115. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as follows:
``(c) Multilateral Strategy.--The President shall develop,
in coordination with likeminded countries, a comprehensive,
multilateral strategy to--
``(1) assist Burma in addressing corrosive malign influence
of the People's Republic of China; and
``(2) support a return to democratic governance, and
support constitutional, economic, and security sector reforms
in Burma designed to--
``(A) advance democratic development and improve human
rights practices and the quality of life; and
``(B) promote genuine national reconciliation.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``six months'' and inserting ``year'';
(ii) by redesignating paragraph (3) as paragraph (7); and
(iii) by inserting after paragraph (2) the following new
paragraphs:
``(3) improvements in human rights practices;
``(4) progress toward broad-based and inclusive economic
growth; and
``(5) progress toward genuine national reconciliation.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act
and apply with respect to the first report required under
subsection (d) of section 570 of Public Law 104-208 that is
required after the date of the enactment of this Act.
(b) Repeals.--The following provisions of law are hereby
repealed:
(1) Subsection (b) of section 804 of Public Law 101-246.
(2) Section 6 of Public Law 104-45.
(3) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
(4) Section 404 of the Arms Control and Disarmament Act (22
U.S.C. 2593b).
(5) Section 5 of Public Law 94-304 (22 U.S.C. 3005).
(6) Subsection (b) of section 502 of the International
Security and Development Cooperation Act of 1985 (22 U.S.C.
2349aa-7).
(c) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State and
the Administrator of the United States Agency for
International Development shall submit to the appropriate
congressional committees a report that includes each of the
following:
(1) A list of all reports described in subsection (d)
required to be submitted by their respective agency.
(2) For each such report, a citation to the provision of
law under which the report is required to be submitted.
(3) The reporting frequency of each such report.
(4) The estimated cost of each report, to include personnel
time costs.
(d) Covered Reports.--A report described in this subsection
is a recurring report that is required to be submitted to
Congress by the Department of State or the United States
Agency for International Development, or by any officer,
official, component, or element of each entity.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 5116. REPORTING ON IMPLEMENTATION OF GAO
RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report that lists
all of the Government Accountability Office's recommendations
relating to the Department that have not been fully
implemented.
(b) Comptroller General Report.--Not later than 30 days
after the Secretary submits the report under subsection (a),
the Comptroller General of the United States shall submit to
the appropriate congressional committees a report that
identifies any discrepancies between the list of
recommendations included in such report and the Government
Accountability Office's list of outstanding recommendations
for the Department.
(c) Implementation Report.--
(1) In general.--Not later than 120 days after the date of
the submission of the Comptroller General's report under
subsection (b), the Secretary shall submit to the appropriate
congressional committees a report that describes the
implementation status of each recommendation from the
Government Accountability Office included in the report
submitted under subsection (a).
(2) Justification.--The report under paragraph (1) shall
include--
(A) a detailed justification for each decision not to fully
implement a recommendation or to implement a recommendation
in a different manner than specified by the Government
Accountability Office;
(B) a timeline for the full implementation of any
recommendation the Secretary has decided to adopt, but has
not yet fully implemented; and
[[Page S8010]]
(C) an explanation for any discrepancies included in the
Comptroller General report submitted under subsection (b).
(d) Form.--The information required in each report under
this section shall be submitted in unclassified form, to the
maximum extent practicable, but may be included in a
classified annex to the extent necessary.
SEC. 5117. OFFICE OF GLOBAL CRIMINAL JUSTICE.
(a) In General.--There should be established within the
Department of State an Office of Global Criminal Justice
(referred to in this section as the ``Office''), which may be
placed within the organizational structure of the Department
at the discretion of the Secretary.
(b) Duties.--The Office should carry out the following:
(1) Advise the Secretary and other relevant senior
officials on issues related to atrocities, including war
crimes, crimes against humanity, and genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for
atrocities.
(3) Coordinate, as appropriate and with other relevant
Federal departments and agencies, United States Government
positions relating to the international and hybrid courts
currently prosecuting persons suspected of atrocities around
the world.
(4) Work with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to establish and assist international and
domestic commissions of inquiry, fact-finding missions, and
tribunals to investigate, document, and prosecute atrocities
around the world.
(5) Coordinate, as appropriate and with other relevant
Federal departments and agencies, the deployment of
diplomatic, legal, economic, military, and other tools to
help collect evidence of atrocities, judge those responsible,
protect and assist victims, enable reconciliation, prevent
and deter atrocities, and promote the rule of law.
(6) Provide advice and expertise on transitional justice
mechanisms to United States personnel operating in conflict
and post-conflict environments.
(7) Act as a point of contact for international, hybrid,
and domestic tribunals exercising jurisdiction over
atrocities committed around the world.
(8) Represent the Department on any interagency whole-of-
government coordinating entities addressing genocide and
other atrocities.
(9) Perform any additional duties and exercise such powers
as the Secretary of State may prescribe.
(c) Supervision.--If established, the Office shall be led
by an Ambassador-at-Large for Global Criminal Justice who is
nominated by the President and appointed by and with the
advice and consent of the Senate.
TITLE II--EMBASSY CONSTRUCTION
SEC. 5201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'',
there is authorized to be appropriated $1,975,449,000 for
fiscal year 2022.
SEC. 5202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that
the Department's Bureau of Overseas Building Operations (OBO)
or successor office should give appropriate consideration to
standardization in construction, in which each new United
States embassy and consulate starts with a standard design
and keeps customization to a minimum.
(b) Consultation.--The Secretary shall carry out any new
United States embassy compound or new consulate compound
project that utilizes a non-standard design, including those
projects that are in the design or pre-design phase as of the
date of the enactment of this Act, only in consultation with
the appropriate congressional committees. The Secretary shall
provide the appropriate congressional committees, for each
such project, the following documentation:
(1) A comparison of the estimated full lifecycle costs of
the project to the estimated full lifecycle costs of such
project if it were to use a standard design.
(2) A comparison of the estimated completion date of such
project to the estimated completion date of such project if
it were to use a standard design.
(3) A comparison of the security of the completed project
to the security of such completed project if it were to use a
standard design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard design for such project.
(5) A written explanation if any of the documentation
necessary to support the comparisons and justification, as
the case may be, described in paragraphs (1) through (4)
cannot be provided.
(c) Sunset.--The consultation requirement under subsection
(b) shall expire on the date that is 4 years after the date
of the enactment of this Act.
SEC. 5203. CAPITAL CONSTRUCTION TRANSPARENCY.
Section 118 of the Department of State Authorities Act,
Fiscal Year 2017 (22 U.S.C. 304) is amended--
(1) in the section heading , by striking ``annual report on
embassy construction costs'' and inserting ``biannual report
on overseas capital construction projects''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--Not later than 180 days after the date
of the enactment of this subsection and every 180 days
thereafter until the date that is 4 years after such date of
enactment, the Secretary shall submit to the appropriate
congressional committees a comprehensive report regarding all
ongoing overseas capital construction projects and major
embassy security upgrade projects.
``(b) Contents.--Each report required under subsection (a)
shall include the following with respect to each ongoing
overseas capital construction project and major embassy
security upgrade project:
``(1) The initial cost estimate as specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations for Acts
making appropriations for the Department of State, foreign
operations, and related programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable adjustment
received by the Department to date.
``(4) The value of each certified claim received by the
Department to date.
``(5) The value of any usage of the project's contingency
fund to date and the value of the remainder of the project's
contingency fund.
``(6) An enumerated list of each request for adjustment and
certified claim that remains outstanding or unresolved.
``(7) An enumerated list of each request for equitable
adjustment and certified claim that has been fully
adjudicated or that the Department has settled, and the final
dollar amount of each adjudication or settlement.
``(8) The date of estimated completion specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations not later
than 45 days after the date of the enactment of an Act making
appropriations for the Department of State, foreign
operations, and related programs.
``(9) The current date of estimated completion.''.
SEC. 5204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary shall complete
all contractor performance evaluations outstanding as of the
date of the enactment of this Act required by subpart 42.15
of the Federal Acquisition Regulation for those contractors
engaged in construction of new embassy or new consulate
compounds by April 1, 2022.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall develop a
prioritization system for clearing the current backlog of
required evaluations referred to in subsection (a).
(2) Elements.--The system required under paragraph (1)
should prioritize the evaluations as follows:
(A) Project completion evaluations should be prioritized
over annual evaluations.
(B) Evaluations for relatively large contracts should have
priority.
(C) Evaluations that would be particularly informative for
the awarding of government contracts should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan
for completing all evaluations by April 1, 2022, in
accordance with subsection (a) and the prioritization system
developed pursuant to subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of the
Department as a client; and
(2) the Department should develop a forum where contractors
can comment on the Department's project management
performance.
SEC. 5205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND
CONSULATES.
(a) In General.--For each new United States embassy
compound (NEC) and new consulate compound project (NCC) in or
not yet in the design phase as of the date of the enactment
of this Act, the Department shall project growth over the
estimated life of the facility using all available and
relevant data, including the following:
(1) Relevant historical trends for Department personnel and
personnel from other agencies represented at the NEC or NCC
that is to be constructed.
(2) An analysis of the tradeoffs between risk and the needs
of United States Government policy conducted as part of the
most recent Vital Presence Validation Process, if applicable.
(3) Reasonable assumptions about the strategic importance
of the NEC or NCC, as the case may be, over the life of the
building at issue.
(4) Any other data that would be helpful in projecting the
future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal
agency represented at a United States embassy or consulate
shall provide to the Secretary, upon request, growth
projections for the personnel of each such agency over the
estimated life of each embassy or consulate, as the case may
be.
(c) Basis for Estimates.--The Department shall base its
growth assumption for all NECs and NCCs on the estimates
required under subsections (a) and (b).
(d) Congressional Notification.--Any congressional
notification of site selection
[[Page S8011]]
for a NEC or NCC submitted after the date of the enactment of
this Act shall include the growth assumption used pursuant to
subsection (c).
SEC. 5206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
next five years as the Secretary of State considers
appropriate, the Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the replacement of
overseas diplomatic posts taking into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety; and
(B) a comprehensive 6-year plan detailing the Department's
long-term planning for the maintenance and sustainment of
completed diplomatic posts, which takes into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include a one-time status report
on existing small diplomatic posts and a strategy for
establishing a physical diplomatic presence in countries in
which there is no current physical diplomatic presence and
with which the United States maintains diplomatic relations.
Such report, which may include a classified annex, shall
include the following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the United
States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on
specific services provided and the number of Americans
receiving services over the previous year.
(C) A description of whether each small diplomatic post
meets current security requirements.
(D) A description of the full financial cost of maintaining
each small diplomatic post.
(E) Input from the relevant chiefs of mission on any unique
operational or policy value the small diplomatic post
provides.
(F) A recommendation of whether any small diplomatic posts
should be closed.
(3) Updated information.--The annual updates of each of the
plans developed pursuant to paragraph (1) shall highlight any
changes from the previous year's plan to the ordering of
construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than 60
days after the completion of each plan required under
subsection (a), the Secretary shall submit the plans to the
appropriate congressional committees.
(2) Reference in budget justification materials.--In the
budget justification materials submitted to the appropriate
congressional committees in support of the Department's
budget for any fiscal year (as submitted with the budget of
the President under section 1105(a) of title 31, United
States Code), the plans required under subsection (a) shall
be referenced to justify funding requested for building and
maintenance projects overseas.
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the
term ``small diplomatic post'' means any United States
embassy or consulate that has employed five or fewer United
States Government employees or contractors on average over
the 36 months prior to the date of the enactment of this Act.
SEC. 5207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use
value engineering (VE) as a management tool, where
appropriate, to reduce program and acquisition costs pursuant
to OMB Circular A-131, Value Engineering, dated December 31,
2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--Any operating
plan that includes the allocation of capital construction and
maintenance funds shall be submitted to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required
under paragraph (1) shall include confirmation that the
Department has completed the requisite VE and risk management
process described in subsection (a), or applicable successor
process.
(c) Reporting and Briefing Requirements.--The Secretary
shall provide to the appropriate congressional committees
upon request--
(1) a description of each risk management study referred to
in subsection (a)(2) and a table detailing which
recommendations related to each such study were accepted and
which were rejected; and
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise
yield significant cost savings to the Department if
implemented.
SEC. 5208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is
amended by striking ``in 3 years'' and inserting
``cumulatively over 3 years''.
SEC. 5209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary of State shall provide to the appropriate
congressional committees, the Committee on Armed Services of
the House of Representatives, and the Committee on Armed
Services of the Senate upon request information on physical
security deficiencies at United States diplomatic posts,
including relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.
SEC. 5210. OVERSEAS SECURITY BRIEFINGS.
Not later than one year after the date of the enactment of
this Act, the Secretary of State shall revise the Foreign
Affairs Manual to stipulate that information on the current
threat environment shall be provided to all United States
Government employees under chief of mission authority
traveling to a foreign country on official business. To the
extent practicable, such material shall be provided to such
employees prior to their arrival at a United States
diplomatic post or as soon as possible thereafter.
SEC. 5211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary of State notifies the
appropriate congressional committees that the use of the
design-build project delivery method would not be
appropriate, the Secretary shall make use of such method at
United States diplomatic posts that have not yet received
design or capital construction contracts as of the date of
the enactment of this Act.
(b) Notification.--Before executing a contract for a
delivery method other than design-build in accordance with
subsection (a), the Secretary of State shall notify the
appropriate congressional committees in writing of the
decision, including the reasons therefor. The notification
required by this subsection may be included in any other
report regarding a new United States diplomatic post that is
required to be submitted to the appropriate congressional
committees.
(c) Performance Evaluation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall report to the appropriate congressional committees
regarding performance evaluation measures in accordance with
GAO's ``Standards for Internal Control in the Federal
Government'' that will be applicable to design and
construction, lifecycle cost, and building maintenance
programs of the Bureau of Overseas Building Operations of the
Department.
SEC. 5212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committee a report detailing steps
the Department of State is taking to expand the embassy
construction contractor base in order to increase competition
and maximize value.
SEC. 5213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of
Overseas Building Operations of the Department or its
successor office shall continue to balance functionality and
security with accessibility, as defined by guidelines
established by the United States Access Board in constructing
embassies and consulates, and shall ensure compliance with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et
seq.) to the fullest extent possible.
SEC. 5214. DEFINITIONS.
In this title:
(1) Design-build.--The term ``design-build'' means a method
of project delivery in which one entity works under a single
contract with the Department to provide design and
construction services.
(2) Non-standard design.--The term ``non-standard design''
means a design for a new embassy compound project or new
consulate compound project that does not utilize a
standardized design for the structural, spatial, or security
requirements of such embassy compound or consulate compound,
as the case may be.
TITLE III--PERSONNEL ISSUES
SEC. 5301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after
the date of the enactment of this Act, the Secretary shall
apply to the Department of Labor for a waiver from insurance
requirements under the Defense Base Act (42 U.S.C. 1651 et
seq.) for all countries with respect to which the requirement
[[Page S8012]]
was waived prior to January 2017, and for which there is not
currently a waiver.
(b) Certification Requirement.--Not later than 45 days
after the date of the enactment of this Act, the Secretary
shall certify to the appropriate congressional committees
that the requirement in subsection (a) has been met.
SEC. 5302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than one year after date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report detailing an
empirical analysis on the effect of overseas allowances on
the foreign assignment of Foreign Service officers (FSOs), to
be conducted by a federally-funded research and development
center with appropriate expertise in labor economics and
military compensation.
(2) Contents.--The analysis required under paragraph (1)
shall--
(A) identify all allowances paid to FSOs assigned
permanently or on temporary duty to foreign areas;
(B) examine the efficiency of the Foreign Service bidding
system in determining foreign assignments;
(C) examine the factors that incentivize FSOs to bid on
particular assignments, including danger levels and hardship
conditions;
(D) examine the Department's strategy and process for
incentivizing FSOs to bid on assignments that are
historically in lower demand, including with monetary
compensation, and whether monetary compensation is necessary
for assignments in higher demand;
(E) make any relevant comparisons to military compensation
and allowances, noting which allowances are shared or based
on the same regulations;
(F) recommend options for restructuring allowances to
improve the efficiency of the assignments system and better
align FSO incentives with the needs of the Foreign Service,
including any cost savings associated with such
restructuring;
(G) recommend any statutory changes necessary to implement
subparagraph (F), such as consolidating existing legal
authorities for the provision of hardship and danger pay; and
(H) detail any effects of recommendations made pursuant to
subparagraphs (F) and (G) on other United States Government
departments and agencies with civilian employees permanently
assigned or on temporary duty in foreign areas, following
consultation with such departments and agencies.
(b) Briefing Requirement.--Before initiating the analysis
required under subsection (a)(1), and not later than 60 days
after the date of the enactment of this Act, the Secretary
shall provide to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs in the House of
Representatives a briefing on the implementation of this
section that includes the following:
(1) The name of the federally funded research and
development center that will conduct such analysis.
(2) The scope of such analysis and terms of reference for
such analysis as specified between the Department and such
federally funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary shall make available to the
federally-funded research and development center carrying out
the analysis required under subsection (a)(1) all necessary
and relevant information to allow such center to conduct such
analysis in a quantitative and analytical manner, including
historical data on the number of bids for each foreign
assignment and any survey data collected by the Department
from eligible bidders on their bid decision-making.
(2) Cooperation.--The Secretary shall work with the heads
of other relevant United States Government departments and
agencies to ensure such departments and agencies provide all
necessary and relevant information to the federally-funded
research and development center carrying out the analysis
required under subsection (a)(1).
(d) Interim Report to Congress.--The Secretary shall
require that the chief executive officer of the federally-
funded research and development center that carries out the
analysis required under subsection (a)(1) submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
an interim report on such analysis not later than 180 days
after the date of the enactment of this Act.
SEC. 5303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d) is amended by adding at
the end the following new subsection:
``(e) Grants and Cooperative Agreements Related to Science
and Technology Fellowship Programs.--
``(1) In general.--The Secretary is authorized to make
grants or enter into cooperative agreements related to
Department of State science and technology fellowship
programs, including for assistance in recruiting fellows and
the payment of stipends, travel, and other appropriate
expenses to fellows.
``(2) Exclusion from consideration as compensation.--
Stipends under paragraph (1) shall not be considered
compensation for purposes of section 209 of title 18, United
States Code.
``(3) Maximum annual amount.--The total amount of grants
made pursuant to this subsection may not exceed $500,000 in
any fiscal year.''.
SEC. 5304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22
U.S.C. 4081(15)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``1 round-trip per year for each child below age 21 of a
member of the Service assigned abroad'' and inserting ``in
the case of one or more children below age 21 of a member of
the Service assigned abroad, 1 round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before ``to visit the
member abroad''; and
(B) by striking ``; or'' and inserting a comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before ``to visit the
other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for one of the child's parents to visit the child or
children abroad if the child or children do not regularly
reside with that parent and that parent is not receiving an
education allowance or educational travel allowance for the
child or children under section 5924(4) of title 5, United
States Code,''; and
(5) in the matter following subparagraph (C), as added by
paragraph (4) of this section, by striking ``a payment'' and
inserting ``the cost of round-trip travel''.
SEC. 5305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22
U.S.C. 4083(b)) is amended by adding at the end the following
new sentence: ``In cases in which a member of the Service has
official orders to an unaccompanied post and in which the
family members of the member reside apart from the member at
authorized locations outside the United States, the member
may take the leave ordered under this section where that
member's family members reside, notwithstanding section 6305
of title 5, United States Code.''.
SEC. 5306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP
PROGRAMS.
It is the sense of Congress that Department fellowships
that promote the employment of candidates belonging to under-
represented groups, including the Charles B. Rangel
International Affairs Graduate Fellowship Program, the Thomas
R. Pickering Foreign Affairs Fellowship Program, and the
Donald M. Payne International Development Fellowship Program,
represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 5307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign
Service Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the
matter preceding clause (i), by--
(1) striking ``promotion'' and inserting ``promotion, on or
after January 1, 2017,''; and
(2) striking ``individual joining the Service on or after
January 1, 2017,'' and inserting ``Foreign Service officer,
appointed under section 302(a)(1), who has general
responsibility for carrying out the functions of the
Service''.
SEC. 5308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of
1980 (22 U.S.C. 4013) is amended--
(1) by amending the section heading to read as follows:
``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614
in the table of contents of the Foreign Service Act of 1980
is amended to read as follows:
``Sec. 614. Department awards.''.
SEC. 5309. DIPLOMATIC PROGRAMS.
(a) Sense of Congress on Workforce Recruitment.--It is the
sense of Congress that the Secretary should continue to hold
entry-level classes for Foreign Service officers and
specialists and continue to recruit civil servants through
programs such as the Presidential Management Fellows Program
and Pathways Internship Programs in a manner and at a
frequency consistent with prior years and consistent with the
need to maintain a pool of experienced personnel effectively
distributed across skill codes and ranks. It is further the
sense of Congress that absent continuous recruitment and
training of Foreign Service officers and civil servants, the
Department will lack experienced, qualified personnel in the
short, medium, and long terms.
(b) Limitation.--The Secretary should not implement any
reduction-in-force action under section 3502 or 3595 of title
5, United States Code, or for any incentive payments for
early separation or retirement under any other provision of
law unless--
(1) the appropriate congressional committees are notified
not less than 15 days in advance of such obligation or
expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that describes the
Department's strategic staffing goals, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction is in the
national interest of the United States;
[[Page S8013]]
(C) a comprehensive strategic staffing plan for the
Department, including 5-year workforce forecasting and a
description of the anticipated impact of any proposed
workforce reduction; and
(D) a dataset displaying comprehensive workforce data for
all current and planned employees of the Department,
disaggregated by--
(i) Foreign Service officer and Foreign Service specialist
rank;
(ii) civil service job skill code, grade level, and bureau
of assignment;
(iii) contracted employees, including the equivalent job
skill code and bureau of assignment; and
(iv) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including their
equivalent grade and job skill code and bureau of assignment.
SEC. 5310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT
THE DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department should continue to promote the
employment of veterans, in accordance with section 301 of the
Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by
section 5407 of this Act, including those veterans belonging
to traditionally underrepresented groups at the Department;
(2) veterans employed by the Department have made
significant contributions to United States foreign policy in
a variety of regional and global affairs bureaus and
diplomatic posts overseas; and
(3) the Department should continue to encourage veteran
employment and facilitate their participation in the
workforce.
SEC. 5311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that
the Department should expand the appeal process it makes
available to employees related to assignment preclusions and
restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--
Subsection (a) of section 414 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is
amended by adding at the end the following new sentences:
``Such right and process shall ensure that any employee
subjected to an assignment restriction or preclusion shall
have the same appeal rights as provided by the Department
regarding denial or revocation of a security clearance. Any
such appeal shall be resolved not later than 60 days after
such appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
revise, and certify to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives regarding such revision, the Foreign
Affairs Manual guidance regarding denial or revocation of a
security clearance to expressly state that all review and
appeal rights relating thereto shall also apply to any
recommendation or decision to impose an assignment
restriction or preclusion to an employee.
SEC. 5312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department employees provide invaluable service
to the United States as nonpartisan professionals who
contribute subject matter expertise and professional skills
to the successful development and execution of United States
foreign policy; and
(2) reemployment of skilled former members of the Foreign
and civil service who have voluntarily separated from the
Foreign or civil service due to family reasons or to obtain
professional skills outside government is of benefit to the
Department.
(b) Notice of Employment Opportunities.--Title 5, United
States Code, is amended by inserting after chapter 102 the
following new chapter:
``CHAPTER 103--DEPARTMENT OF STATE
``Sec.
``10301. Notice of employment opportunities for Department of State and
USAID positions.
``10302. Consulting services for the Department of State.
``Sec. 10301. Notice of employment opportunities for
Department of State and USAID positions
``To ensure that individuals who have separated from the
Department of State or the United States Agency for
International Development and who are eligible for
reappointment are aware of such opportunities, the Department
of State and the United States Agency for International
Development shall publicize notice of all employment
opportunities, including positions for which the relevant
agency is accepting applications from individuals within the
agency's workforce under merit promotion procedures, on
publicly accessible sites, including www.usajobs.gov. If
using merit promotion procedures, the notice shall expressly
state that former employees eligible for reinstatement may
apply.''.
(c) Clerical Amendment.--The table of chapters at the
beginning of title 5, United States Code, is amended by
inserting after the item relating to chapter 102 the
following:
``103. Department of State................................10301.''.....
SEC. 5313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF
STATE.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a comprehensive 5-year
strategic staffing plan for the Department that is aligned
with and furthers the objectives of the National Security
Strategy of the United States of America issued in December
2017, or any subsequent strategy issued not later than 18
months after the date of the enactment of this Act, which
shall include the following:
(1) A dataset displaying comprehensive workforce data,
including all shortages in bureaus described in GAO report
GAO-19-220, for all current and planned employees of the
Department, disaggregated by--
(A) Foreign Service officer and Foreign Service specialist
rank;
(B) civil service job skill code, grade level, and bureau
of assignment;
(C) contracted employees, including the equivalent job
skill code and bureau of assignment; and
(D) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including the
equivalent grade and job skill code and bureau of assignment
of such employee.
(2) Recommendations on the number of Foreign Service
officers disaggregated by service cone that should be posted
at each United States diplomatic post and in the District of
Columbia, with a detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers
that should be employed by the Department, with a detailed
basis for such recommendations.
(b) Maintenance.--The dataset required under subsection
(a)(1) shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary shall lead the development
of the plan required under subsection (a) but may consult or
partner with private sector entities with expertise in labor
economics, management, or human resources, as well as
organizations familiar with the demands and needs of the
Department's workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding
root causes of Foreign Service and civil service shortages,
the effect of such shortages on national security objectives,
and the Department's plan to implement recommendations
described in GAO-19-220.
SEC. 5314. CONSULTING SERVICES.
Chapter 103 of title 5, United States Code, as added by
section 5312, is amended by adding at the end the following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of
State through procurement contract pursuant to section 3109
of title 5, United States Code, shall be limited to those
contracts with respect to which expenditures are a matter of
public record and available for public inspection, except if
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.''.
SEC. 5315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) is amended by striking the last
sentence.
SEC. 5316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY
REVIEW BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and'' and
inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan or'' and
inserting ``Afghanistan, Yemen, Syria, or''; and
(B) in clause (ii), by striking ``beginning on October 1,
2005, and ending on September 30, 2009'' and inserting
``beginning on October 1, 2020, and ending on September 30,
2022''.
SEC. 5317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``suspend'' and inserting ``indefinitely
suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) Any member of the Service suspended from duties under
this subsection may be suspended without pay only after a
final written decision is provided to such member under
paragraph (2).
``(6) If no final written decision under paragraph (2) has
been provided within 1 calendar year of the date the
suspension at issue was proposed, not later than 30 days
thereafter the Secretary of State shall report to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate in
writing regarding the specific reasons for such delay.''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``(7) In this subsection:'';
(B) in subparagraph (A), by striking ``(A) The term'' and
inserting the following:
``(7) In this subsection, the term'';
(C) by striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension''); and
[[Page S8014]]
(D) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and moving such subparagraphs 2
ems to the left.
SEC. 5318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS
HANDBOOK CHANGES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for
5 years, the Secretary shall submit to the appropriate
congressional committees a report detailing all changes made
to the Foreign Affairs Manual or the Foreign Affairs
Handbook.
(b) Covered Periods.--The first report required under
subsection (a) shall cover the 5-year period preceding the
submission of such report. Each subsequent report shall cover
the 180-day period preceding submission.
(c) Contents.--Each report required under subsection (a)
shall contain the following:
(1) The location within the Foreign Affairs Manual or the
Foreign Affairs Handbook where a change has been made.
(2) The statutory basis for each such change.
(3) A side-by-side comparison of the Foreign Affairs Manual
or Foreign Affairs Handbook before and after such change.
(4) A summary of such changes displayed in spreadsheet
form.
SEC. 5319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL
REQUIREMENTS OF CERTAIN POSITIONS.
The Secretary of State may waive any or all of the
individual occupational requirements with respect to an
employee or prospective employee of the Department of State
for a civilian position categorized under the GS-0130
occupational series if the Secretary determines that the
individual possesses significant scientific, technological,
engineering, or mathematical expertise that is integral to
performing the duties of the applicable position, based on
demonstrated job performance and qualifying experience. With
respect to each waiver granted under this subsection, the
Secretary shall set forth in a written document that is
transmitted to the Director of the Office of Personnel
Management the rationale for the decision of the Secretary to
waive such requirements.
SEC. 5320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT
CENTER.
The Secretary may appoint, for a 3-year period that may be
extended for up to an additional 2 years, solely to carry out
the functions of the Global Engagement Center, employees of
the Department without regard to the provisions of title 5,
United States Code, governing appointment in the competitive
service, and may fix the basic compensation of such employees
without regard to chapter 51 and subchapter III of chapter 53
of such title.
SEC. 5321. REST AND RECUPERATION AND OVERSEAS OPERATIONS
LEAVE FOR FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following new sections:
``Sec. 6329d. Rest and recuperation leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `combat zone' means a geographic area
designated by an Executive order of the President as an area
in which the Armed Forces are engaging or have engaged in
combat, an area designated by law to be treated as a combat
zone, or a location the Department of Defense has certified
for combat zone tax benefits due to its direct support of
military operations;
``(3) the term `employee' has the meaning given that term
in section 6301 of this title;
``(4) the term `high risk, high threat post' has the
meaning given that term in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4803); and
``(5) the term `leave year' means the period beginning on
the first day of the first complete pay period in a calendar
year and ending on the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Rest and Recuperation.--The head of an
agency may prescribe regulations to grant up to 20 days of
paid leave, per leave year, for the purposes of rest and
recuperation to an employee of the agency serving in a combat
zone, any other high risk, high threat post, or any other
location presenting significant security or operational
challenges.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.
``Sec. 6329e. Overseas operations leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105 of this title), but does not
include the Government Accountability Office;
``(2) the term `employee' has the meaning given that term
in section 6301 of this title; and
``(3) the term `leave year' means the period beginning with
the first day of the first complete pay period in a calendar
year and ending with the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Overseas Operations.--The head of an agency
may prescribe regulations to grant up to 10 days of paid
leave, per leave year, to an employee of the agency serving
abroad where the conduct of business could pose potential
security or safety related risks or would be inconsistent
with host-country practice. Such regulations may provide that
additional leave days may be granted during such leave year
if the head of the agency determines that to do so is
necessary to advance the national security or foreign policy
interests of the United States.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6329c the following new items:
``6329d. Rest and recuperation leave.
``6329e. Overseas operations leave.''.
SEC. 5322. EXTENSION OF AUTHORITY FOR CORONAVIRUS RELATED
PAYMENTS.
(a) In General.--The Secretary of State and the heads of
other Federal agencies whose employees are authorized to
receive payments of monetary amounts and other allowances
under section 5523 of title 5, United States Code, may rely
upon the authority of that section, without regard to the
time limitations referenced therein, to continue such
payments in connection with authorized or ordered departures
from foreign areas, to prevent, prepare for, and respond to
coronavirus.
(b) Applicability.--The authority under subsection (a)
shall be available to continue the payments described in such
subsection for the period beginning on July 21, 2020, through
September 30, 2022, when such authority shall expire.
SEC. 5323. EDUCATION ALLOWANCES DUE TO CORONAVIRUS.
(a) In General.--The authority under section 5924 of title
5, United States Code, may be exercised by the Secretary of
State and the heads of other Federal agencies for education
allowances to employees who are in the United States with
assignment orders to a foreign area and for whom service
abroad has been interrupted or delayed because of the
coronavirus pandemic without regard to the foreign area
limitations referenced therein.
(b) Termination.--The authority under subsection shall
expire on September 30, 2022.
SEC. 5324. EMERGENCY MEDICAL SERVICES AUTHORITY.
Section 3 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``and'' after the
semicolon;
(2) in subsection (m), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new subsection:
``(n) in exigent circumstances, as determined by the
Secretary, provide emergency medical services or related
support for private United States citizens, nationals, and
permanent resident aliens abroad, or third country nationals
connected to such persons or to the diplomatic or development
missions of the United States abroad, who are unable to
obtain such services or support otherwise, with such
assistance provided on a reimbursable basis to the extent
feasible.''.
SEC. 5325. DEPARTMENT OF STATE STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary of State shall establish the
Department of State Student Internship Program (in this
section referred to as the ``Program'') to offer internship
opportunities at the Department of State to eligible students
to raise awareness of the essential role of diplomacy in the
conduct of United States foreign policy and the realization
of United States foreign policy objectives.
(b) Eligibility.--To be eligible to participate in the
Program, an applicant shall--
(1) be enrolled, not less than half-time, at--
(A) an institution of higher education (as such term is
defined section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)); or
(B) an institution of higher education based outside the
United States, as determined by the Secretary of State;
(2) be able to receive and hold an appropriate security
clearance; and
(3) satisfy such other criteria as established by the
Secretary.
(c) Selection.--The Secretary of State shall establish
selection criteria for students to be admitted into the
Program that includes the following:
(1) Demonstrable interest in a career in foreign affairs.
(2) Academic performance.
(3) Such other criteria as determined by the Secretary.
(d) Outreach.--The Secretary of State shall advertise the
Program widely, including on the internet, through the
Department of State's Diplomats in Residence program, and
through other outreach and recruiting initiatives targeting
undergraduate and graduate students. The Secretary shall
actively encourage people belonging to traditionally under
represented groups in terms of racial, ethnic, geographic,
and gender diversity, and disability status to apply to the
Program, including by conducting targeted
[[Page S8015]]
outreach at minority serving institutions (as such term is
described in section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(e) Compensation.--
(1) In general.--Students participating in the Program
should be paid at least--
(A) the amount specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); or
(B) the minimum wage of the jurisdiction in which the
internship is located,
whichever is greatest.
(2) Housing assistance.--
(A) Abroad.--The Secretary of State shall provide housing
to a student participating in the Program whose permanent
address is within the United States if the location of the
internship in which such student is participating is outside
the United States.
(B) Domestic.--The Secretary of State is authorized to
provide housing to a student participating in the Program
whose permanent address is within the United States if the
location of the internship in which such student is
participating is more than 50 miles away from such student's
permanent address.
(3) Travel assistance.--The Secretary of State shall
provide a student participating in the Program whose
permanent address is within the United States financial
assistance to cover the costs of travel once to and once from
the location of the internship in which such student is
participating, including travel by air, train, bus, or other
transit as appropriate, if the location of such internship
is--
(A) more than 50 miles from such student's permanent
address; or
(B) outside the United States.
(f) Working With Institutions of Higher Education.--The
Secretary of State is authorized to enter into agreements
with institutions of higher education to structure
internships to ensure such internships satisfy criteria for
academic programs in which participants in such internships
are enrolled.
(g) Reports.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of State shall
submit to the Committee on Foreign Relations of a Senate and
the Committee on Foreign Affairs of the House of
Representatives a report that includes the following:
(1) Information regarding the number of students,
disaggregated by race, ethnicity, gender, institution of
higher learning, home State, State where each student
graduated from high school, and disability status, who
applied to the Program, were offered a position, and
participated.
(2) Information on the number of security clearance
investigations started and the timeline for such
investigations, including whether such investigations were
completed or if, and when, an interim security clearance was
granted.
(3) Information on expenditures on the Program.
(4) Information regarding the Department of State's
compliance with subsection (g).
(h) Voluntary Participation.--
(1) In general.--Nothing in this section may be construed
to compel any employee of the Department of State to
participate in the collection of the data or divulge any
personal information. Department employees shall be informed
that their participation in the data collection contemplated
by this title is voluntary.
(2) Privacy protection.--Any data collected under this
section shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
SEC. 5326. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY
INSPECTORS GENERAL TO SUPPORT THE LEAD IG
MISSION.
Subparagraph (A) of section 8L(d)(5)(A) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by striking
``a lead Inspector General for'' and inserting ``any of the
Inspectors General specified in subsection (c) for oversight
of''.
SEC. 5327. REPORT RELATING TO FOREIGN SERVICE OFFICER
TRAINING AND DEVELOPMENT.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate committees of Congress a report
certain fellowship or detail opportunities for Department of
State Foreign Service personnel.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) The number of Senior Foreign Service Officer
generalists who, as of the date of the enactment of this Act,
have done a tour of at least one year in any of the agencies
or congressional committees described in subsection (a).
(2) The total number of senior Foreign Service Officer
generalists as of the date of the enactment of this Act.
(3) The average number of Senior Foreign Service Officer
generalists inducted annually during the 10 years preceding
the date of the enactment of this Act.
(4) The total number of Department advisors stationed in
any of the agencies or congressional offices described in
subsection (a), including the agencies or offices in which
such advisors serve.
(5) The total number of advisors from other United States
Government agencies stationed in the Department of State
(excluding defense attaches, senior defense officials, and
other Department of Defense personnel stationed in United
States missions abroad), the home agency of the advisor, and
the offices in which such advisors serve.
SEC. 5328. INTERNATIONAL FAIRS AND EXPOSITIONS.
There is authorized to be appropriated $20,000,000 for the
Department of State for United States participation in
international fairs and expositions abroad, including for
construction and the operation of United States pavilions or
other major exhibits.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 5401. DEFINITIONS.
In this title:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and
Ethnicity'' (81 Fed. Reg. 67398).
(3) Diversity.--The term ``diversity'' means those classes
of persons protected under the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil service
(as defined in section 2101 of title 5, United States Code);
(B) individuals who are members of the Foreign Service (as
defined in section 103 of the Foreign Service Act of 1980 (22
U.S.C. 3902));
(C) all individuals serving under a personal services
contract;
(D) all individuals serving under a Foreign Service Limited
appointment under section 309 of the Foreign Service Act of
1980; or
(E) individuals other than Locally Employed Staff working
in the Department of State under any other authority.
SEC. 5402. COLLECTION, ANALYSIS, AND DISSEMINATION OF
WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall, in
consultation with the Director of the Office of Personnel
Management and the Director of the Office of Management and
Budget, submit to the appropriate congressional committees a
report, which shall also be posted on a publicly available
website of the Department in a searchable database format,
that includes disaggregated demographic data and other
information regarding the diversity of the workforce of the
Department.
(b) Data.--The report under subsection (a) shall include
the following data:
(1) Demographic data on each element of the workforce of
the Department, disaggregated by rank and grade or grade-
equivalent, with respect to the following groups:
(A) Applicants for positions in the Department.
(B) Individuals hired to join the workforce.
(C) Individuals promoted during the 2-year period ending on
the date of the enactment of this Act, including promotions
to and within the Senior Executive Service or the Senior
Foreign Service.
(D) Individuals serving on applicable selection boards.
(E) Members of any external advisory committee or board who
are subject to appointment by individuals at senior positions
in the Department.
(F) Individuals participating in professional development
programs of the Department, and the extent to which such
participants have been placed into senior positions within
the Department after such participation.
(G) Individuals participating in mentorship or retention
programs.
(H) Individuals who separated from the agency during the 2-
year period ending on the date of the enactment of this Act,
including individuals in the Senior Executive Service or the
Senior Foreign Service.
(2) An assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity
Commission Management Directive 715, effective October 1,
2003.
(3) Data on the overall number of individuals who are part
of the workforce, the percentages of such workforce
corresponding to each element listed in section 5401(4), and
the percentages corresponding to each rank, grade, or grade-
equivalent.
(c) Recommendation.--The Secretary may include in the
report under subsection (a) a recommendation to the Director
of Office of Management and Budget and to the appropriate
congressional committees regarding whether the Department
should collect more detailed data on demographic categories
in addition to the race and ethnicity categories specified in
the Office of Management and Budget statistical policy
directive entitled ``Standards for Maintaining, Collecting,
and Presenting Federal Data on Race and Ethnicity'' (81 Fed.
Reg. 67398).
(d) Other Contents.--The report under subsection (a) shall
also describe and assess the effectiveness of the efforts of
the Department--
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and abroad;
[[Page S8016]]
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent illegal retaliation against employees for
participating in a protected equal employment opportunity
activity or for reporting sexual harassment or sexual
assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women and minorities;
(B) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(C) placing job advertisements in newspapers, magazines,
and job sites oriented toward women and minorities;
(D) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(E) providing opportunities through the Foreign Service
Internship Program under chapter 12 of the Foreign Service
Act of 1980 (22 U.S.C. 4141 et seq.) and other hiring
initiatives;
(F) recruiting mid-level and senior-level professionals
through programs designed to increase minority representation
in international affairs;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout the
United States to reduce the burden of applicants having to
travel at their own expense to take either or both such
examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International Affairs Fellowship
Program;
(ii) the Thomas R. Pickering Foreign Affairs Fellowship
Program; and
(iii) other initiatives, including agency-wide policy
initiatives.
(e) Annual Updates.--Not later than 1 year after the
publication of the report required under subsection (a) and
annually thereafter for the following 5 years, the Secretary
shall work with the Director of the Office of Personnel
Management and the Director of the Office of Management and
Budget to provide a report to the appropriate congressional
committees, which shall be posted on the Department's
website, which may be included in another annual report
required under another provision of law, that includes--
(1) disaggregated demographic data relating to the
workforce and information on the status of diversity and
inclusion efforts of the Department;
(2) an analysis of applicant flow data; and
(3) disaggregated demographic data relating to participants
in professional development programs of the Department and
the rate of placement into senior positions for participants
in such programs.
SEC. 5403. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall conduct periodic interviews with a
representative and diverse cross-section of the workforce of
the Department--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of individuals in the workforce to remain in the
Department.
(b) Departing Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall provide an opportunity for an exit
interview to each individual in the workforce of the
Department who separates from service with the Department to
better understand the reasons of such individual for leaving
such service.
(c) Use of Analysis From Interviews.--The Director General
of the Foreign Service and the Director of the Bureau of
Human Resources or its equivalent shall analyze demographic
data and other information obtained through interviews under
subsections (a) and (b) to determine--
(1) to what extent, if any, the diversity of those
participating in such interviews impacts the results; and
(2) whether to implement any policy changes or include any
recommendations in a report required under subsection (a) or
(e) of section 5402 relating to the determination reached
pursuant to paragraph (1).
(d) Tracking Data.--The Department shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement
into senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and recruitment
for such programs, consistent with merit system principles;
and
(B) to understand the extent to which participation in any
professional development program offered or sponsored by the
Department differs among the demographic categories of the
workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 5404. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign Service
and the Director of the Bureau of Human Resources of the
Department to have a recruitment plan of action for the
recruitment of people belonging to traditionally under-
represented groups, which should include outreach at
appropriate colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described
in subsection (a) shall include--
(1) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(2) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
(c) Expand Training on Anti-Harassment and Anti-
Discrimination.--
(1) In general.--The Secretary shall, through the Foreign
Service Institute and other educational and training
opportunities--
(A) ensure the provision to all individuals in the
workforce of training on anti-harassment and anti-
discrimination information and policies, including in
existing Foreign Service Institute courses or modules
prioritized in the Department's Diversity and Inclusion
Strategic Plan for 2016-2020 to promote diversity in Bureau
awards or mitigate unconscious bias;
(B) expand the provision of training on workplace rights
and responsibilities to focus on anti-harassment and anti-
discrimination information and policies, including policies
relating to sexual assault prevention and response; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory positions;
(ii) individuals having responsibilities related to
recruitment, retention, or promotion of employees; and
(iii) any other individual determined by the Department who
needs such training based on analysis by the Department or
OPM analysis.
(2) Best practices.--The Department shall give special
attention to ensuring the continuous incorporation of
research-based best practices in training provided under this
subsection.
SEC. 5405. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts To Promote Diversity and
Inclusion.--
(1) In general.--The Secretary shall implement performance
and advancement requirements that reward and recognize the
efforts of individuals in senior positions and supervisors in
the Department in fostering an inclusive environment and
cultivating talent consistent with merit system principles,
such as through participation in mentoring programs or
sponsorship initiatives, recruitment events, and other
similar opportunities.
(2) Outreach events.--The Secretary shall create
opportunities for individuals in senior positions and
supervisors in the Department to participate in outreach
events and to discuss issues relating to diversity and
inclusion with the workforce on a regular basis, including
with employee resource groups.
(b) External Advisory Committees and Boards.--For each
external advisory committee or board to which individuals in
senior positions in the Department appoint members, the
Secretary is strongly encouraged by Congress to ensure such
external advisory committee or board is developed, reviewed,
and carried out by qualified teams that represent the
diversity of the organization.
SEC. 5406. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary is authorized to expand
professional development opportunities that support the
mission needs of the Department, such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in--
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal Government; or
(iv) professional schools of international affairs.
[[Page S8017]]
(2) Training for senior positions.--
(A) In general.--The Secretary shall offer, or sponsor
members of the workforce to participate in, a Senior
Executive Service candidate development program or other
program that trains members on the skills required for
appointment to senior positions in the Department.
(B) Requirements.--In determining which members of the
workforce are granted professional development or career
advancement opportunities under subparagraph (A), the
Secretary shall--
(i) ensure any program offered or sponsored by the
Department under such subparagraph comports with the
requirements of subpart C of part 412 of title 5, Code of
Federal Regulations, or any successor thereto, including
merit staffing and assessment requirements;
(ii) consider the number of expected vacancies in senior
positions as a factor in determining the number of candidates
to select for such programs;
(iii) understand how participation in any program offered
or sponsored by the Department under such subparagraph
differs by gender, race, national origin, disability status,
or other demographic categories; and
(iv) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation.
SEC. 5407. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN
SERVICE.
(a) Sense of Congress.--It is the sense of Congress that
the Department should offer both the Foreign Service written
examination and oral assessment in more locations throughout
the United States. Doing so would ease the financial burden
on potential candidates who do not currently reside in and
must travel at their own expense to one of the few locations
where these assessments are offered.
(b) Foreign Service Examinations.--Section 301(b) of the
Foreign Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting: ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of
Examiners for the Foreign Service annually offers the oral
assessment examinations described in paragraph (1) in cities,
chosen on a rotating basis, located in at least five cities
in three different time zones across the United States.''.
SEC. 5408. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of
the Donald M. Payne International Development Fellowship
Program may conduct outreach to attract outstanding students
with an interest in pursuing a Foreign Service career who
represent diverse ethnic and socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary shall review
past programs designed to increase minority representation in
international affairs positions.
SEC. 5409. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this title should be construed
so as to compel any employee to participate in the collection
of the data or divulge any personal information. Department
employees shall be informed that their participation in the
data collection contemplated by this title is voluntary.
(b) Privacy Protection.--Any data collected under this
title shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
TITLE V--INFORMATION SECURITY
SEC. 5501. DEFINITIONS.
In this title:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 5502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days
after the date of the enactment of this Act, the Secretary,
in consultation with the Director of National Intelligence,
shall develop or maintain, as the case may be, and update as
frequently as the Secretary determines appropriate, a list of
covered contractors with respect to which the Department
should seek to avoid entering into contracts. Not later than
30 days after the initial development of the list under this
subsection, any update thereto, and annually thereafter for 5
years after such initial 30 day period, the Secretary shall
submit to the appropriate congressional committees a copy of
such list.
(b) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of
telecommunications, telecommunications equipment, or
information technology equipment, including hardware,
software, or services, that has knowingly assisted or
facilitated a cyber attack or conducted surveillance,
including passive or active monitoring, carried out against--
(1) the United States by, or on behalf of, any government,
or persons associated with such government, listed as a cyber
threat actor in the intelligence community's 2017 assessment
of worldwide threats to United States national security or
any subsequent worldwide threat assessment of the
intelligence community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the purposes
of suppressing dissent or intimidating critics, on behalf of
a country included in the annual country reports on human
rights practices of the Department for systematic acts of
political repression, including arbitrary arrest or
detention, torture, extrajudicial or politically motivated
killing, or other gross violations of human rights.
SEC. 5503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS
CONDUCTED RELATED TO OFFICIAL DUTIES OF
POSITIONS IN THE PUBLIC TRUST OF THE AMERICAN
PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that,
as a matter of rule of law and transparency in a democratic
government, all officers and employees of the Department and
the United States Agency for International Development must
preserve all records of communications conducted in their
official capacities or related to their official duties with
entities outside of the United States Government. It is
further the sense of Congress that such practice should
include foreign government officials or other foreign
entities which may seek to influence United States Government
policies and actions.
(b) Publication.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall publish in the
Foreign Affairs Manual guidance implementing chapter 31 of
title 44, United States Code (commonly referred to as the
``Federal Records Act''), to treat electronic messaging
systems, software, and applications as equivalent to
electronic mail for the purpose of identifying Federal
records, and shall also publish in the Foreign Affairs Manual
the statutory penalties for failure to comply with such
guidance. Beginning on the date that is 180 days after the
date of the enactment of this Act, no funds are authorized to
be appropriated or made available to the Department of State
under any Act to support the use or establishment of accounts
on third-party messaging applications or other non-Government
online communication tools if the Secretary does not certify
to the relevant congressional committees that the Secretary
has carried out this section. The prohibition described in
this subsection shall not apply to warden or embassy security
messages.
SEC. 5504. FOREIGN RELATIONS OF THE UNITED STATES (FRUS)
SERIES AND DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is
amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404 (22 U.S.C. 4354)--
(A) in subsection (a)(1), by striking ``30''and inserting
``25''; and
(B) in subsection (c)(1)(C), by striking ``30'' and
inserting ``25''.
SEC. 5505. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY
PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to
identify and report vulnerabilities of internet-facing
information technology of the Department in exchange for
compensation.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101
of title 40, United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of State.
(b) Department of State Vulnerability Disclosure Process.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall design,
establish, and make publicly known a Vulnerability Disclosure
Process (VDP) to improve Department cybersecurity by--
(A) providing security researchers with clear guidelines
for--
(i) conducting vulnerability discovery activities directed
at Department information technology; and
(ii) submitting discovered security vulnerabilities to the
Department; and
(B) creating Department procedures and infrastructure to
receive and fix discovered vulnerabilities.
(2) Requirements.--In establishing the VDP pursuant to
paragraph (1), the Secretary shall--
(A) identify which Department information technology should
be included in the process;
(B) determine whether the process should differentiate
among and specify the types of security vulnerabilities that
may be targeted;
(C) provide a readily available means of reporting
discovered security vulnerabilities and the form in which
such vulnerabilities should be reported;
(D) identify which Department offices and positions will be
responsible for receiving, prioritizing, and addressing
security vulnerability disclosure reports;
(E) consult with the Attorney General regarding how to
ensure that individuals, organizations, and companies that
comply with the requirements of the process are protected
from prosecution under section 1030 of
[[Page S8018]]
title 18, United States Code, and similar provisions of law
for specific activities authorized under the process;
(F) consult with the relevant offices at the Department of
Defense that were responsible for launching the 2016
Vulnerability Disclosure Program, ``Hack the Pentagon'', and
subsequent Department of Defense bug bounty programs;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the structure
of the process as constructive and to the extent practicable;
and
(H) award contracts to entities, as necessary, to manage
the process and implement the remediation of discovered
security vulnerabilities.
(3) Annual reports.--Not later than 180 days after the
establishment of the VDP under paragraph (1) and annually
thereafter for the next 5 years, the Secretary of State shall
submit to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives a report on the VDP, including information
relating to the following:
(A) The number and severity, in accordance with the
National Vulnerabilities Database of the National Institute
of Standards and Technology, of security vulnerabilities
reported.
(B) The number of previously unidentified security
vulnerabilities remediated as a result.
(C) The current number of outstanding previously
unidentified security vulnerabilities and Department of State
remediation plans.
(D) The average length of time between the reporting of
security vulnerabilities and remediation of such
vulnerabilities.
(E) The resources, surge staffing, roles, and
responsibilities within the Department used to implement the
VDP and complete security vulnerability remediation.
(F) Any other information the Secretary determines
relevant.
(c) Department of State Bug Bounty Pilot Program.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall establish a
bug bounty pilot program to minimize security vulnerabilities
of internet-facing information technology of the Department.
(2) Requirements.--In establishing the pilot program
described in paragraph (1), the Secretary shall--
(A) provide compensation for reports of previously
unidentified security vulnerabilities within the websites,
applications, and other internet-facing information
technology of the Department that are accessible to the
public;
(B) award contracts to entities, as necessary, to manage
such pilot program and for executing the remediation of
security vulnerabilities identified pursuant to subparagraph
(A);
(C) identify which Department information technology should
be included in such pilot program;
(D) consult with the Attorney General on how to ensure that
individuals, organizations, or companies that comply with the
requirements of such pilot program are protected from
prosecution under section 1030 of title 18, United States
Code, and similar provisions of law for specific activities
authorized under such pilot program;
(E) consult with the relevant offices at the Department of
Defense that were responsible for launching the 2016 ``Hack
the Pentagon'' pilot program and subsequent Department of
Defense bug bounty programs;
(F) develop a process by which an approved individual,
organization, or company can register with the entity
referred to in subparagraph (B), submit to a background check
as determined by the Department, and receive a determination
as to eligibility for participation in such pilot program;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the structure
of such pilot program as constructive and to the extent
practicable; and
(H) consult with relevant United States Government
officials to ensure that such pilot program complements
persistent network and vulnerability scans of the Department
of State's internet-accessible systems, such as the scans
conducted pursuant to Binding Operational Directive BOD-15-
01.
(3) Duration.--The pilot program established under
paragraph (1) should be short-term in duration and not last
longer than 1 year.
(4) Report.--Not later than 180 days after the date on
which the bug bounty pilot program under subsection (a) is
completed, the Secretary shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report on such
pilot program, including information relating to--
(A) the number of approved individuals, organizations, or
companies involved in such pilot program, broken down by the
number of approved individuals, organizations, or companies
that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities; and
(iv) received compensation;
(B) the number and severity, in accordance with the
National Vulnerabilities Database of the National Institute
of Standards and Technology, of security vulnerabilities
reported as part of such pilot program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such pilot program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans;
(E) the average length of time between the reporting of
security vulnerabilities and remediation of such
vulnerabilities;
(F) the types of compensation provided under such pilot
program; and
(G) the lessons learned from such pilot program.
TITLE VI--PUBLIC DIPLOMACY
SEC. 5601. SHORT TITLE.
This title may be cited as the ``Public Diplomacy
Modernization Act of 2021''.
SEC. 5602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of
efforts across public diplomacy bureaus and offices of the
Department; and
(2) maximize shared use of resources between, and within,
such public diplomacy bureaus and offices in cases in which
programs, facilities, or administrative functions are
duplicative or substantially overlapping.
SEC. 5603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC
DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary,
acting through the Director of Research and Evaluation
appointed pursuant to subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department,
including through the routine use of audience research,
digital analytics, and impact evaluations, to plan and
execute such programs and activities; and
(2) make available to Congress the findings of the research
and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall appoint a
Director of Research and Evaluation (referred to in this
subsection as the ``Director'') in the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department.
(2) Limitation on appointment.--The appointment of the
Director pursuant to paragraph (1) shall not result in an
increase in the overall full-time equivalent positions within
the Department.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and evaluation of
public diplomacy programs and activities of the Department in
order to--
(i) improve public diplomacy strategies and tactics; and
(ii) ensure that such programs and activities are
increasing the knowledge, understanding, and trust of the
United States by relevant target audiences;
(B) routinely organize and oversee audience research,
digital analytics, and impact evaluations across all public
diplomacy bureaus and offices of the Department;
(C) support United States diplomatic posts' public affairs
sections;
(D) share appropriate public diplomacy research and
evaluation information within the Department and with other
appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized research
questions, methodologies, and procedures to ensure that
public diplomacy programs and activities across all public
diplomacy bureaus and offices are designed to meet
appropriate foreign policy objectives; and
(F) report biannually to the United States Advisory
Commission on Public Diplomacy, through the Subcommittee on
Research and Evaluation established pursuant to subsection
(f), regarding the research and evaluation of all public
diplomacy bureaus and offices.
(4) Guidance and training.--Not later than 1 year after the
appointment of the Director pursuant to paragraph (1), the
Director shall develop guidance and training, including
curriculum for use by the Foreign Service Institute, for all
public diplomacy officers of the Department regarding the
reading and interpretation of public diplomacy program and
activity evaluation findings to ensure that such findings and
related lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and activities of
the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department shall ensure that research and
evaluation of public diplomacy and activities of the
Department, as coordinated and overseen by the Director
pursuant to subsection (b), supports strategic planning and
resource allocation across all public diplomacy bureaus and
offices of the Department.
(2) Allocation of resources.--Amounts allocated for the
purpose of research and evaluation of public diplomacy
programs and activities of the Department pursuant to
subsection (b) shall be made available to be disbursed at the
direction of the Director of Research and Evaluation among
the research and evaluation staff across all public diplomacy
bureaus and offices of the Department.
(3) Sense of congress.--It is the sense of Congress that
the Department should gradually increase its allocation of
funds made available under the headings ``Educational
[[Page S8019]]
and Cultural Exchange Programs'' and ``Diplomatic Programs''
for research and evaluation of public diplomacy programs and
activities of the Department pursuant to subsection (b) to a
percentage of program funds that is commensurate with Federal
Government best practices.
(d) Limited Exemption Relating to the Paperwork Reduction
Act.--Chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'') shall not apply to
the collection of information directed at any individuals
conducted by, or on behalf of, the Department of State for
the purpose of audience research, monitoring, and
evaluations, and in connection with the Department's
activities conducted pursuant to any of the following:
(1) The Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2451 et seq.).
(2) Section 1287 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656
note).
(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(e) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department shall maintain, collect,
use, and disseminate records (as such term is defined in
section 552a(a)(4) of title 5, United States Code) for
audience research, digital analytics, and impact evaluation
of communications related to public diplomacy efforts
intended for foreign audiences.
(2) Conditions.--Audience research, digital analytics, and
impact evaluations under paragraph (1) shall be--
(A) reasonably tailored to meet the purposes of this
subsection; and
(B) carried out with due regard for privacy and civil
liberties guidance and oversight.
(f) United States Advisory Commission on Public
Diplomacy.--
(1) Subcommittee for research and evaluation.--The United
States Advisory Commission on Public Diplomacy shall
establish a Subcommittee on Research and Evaluation to
monitor and advise regarding audience research, digital
analytics, and impact evaluations carried out by the
Department and the United States Agency for Global Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall submit
to the appropriate congressional committees an annual report,
in conjunction with the United States Advisory Commission on
Public Diplomacy's Comprehensive Annual Report on the
performance of the Department and the United States Agency
for Global Media, describing all actions taken by the
Subcommittee pursuant to paragraph (1) and any findings made
as a result of such actions.
SEC. 5604. PERMANENT REAUTHORIZATION OF THE UNITED STATES
ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended--
(1) in the section heading, by striking ``sunset'' and
inserting ``continuation''; and
(2) by striking ``until October 1, 2021''.
SEC. 5605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days
after the date of the enactment of this Act, the Secretary
shall establish a working group to explore the possibilities
and cost-benefit analysis of transitioning to a shared
services model as such pertains to human resources, travel,
purchasing, budgetary planning, and all other executive
support functions for all bureaus of the Department that
report to the Under Secretary for Public Diplomacy of the
Department.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a plan to implement any
such findings of the working group established under
subsection (a).
SEC. 5606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY
FACILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
adopt, and include in the Foreign Affairs Manual, guidelines
to collect and utilize information from each diplomatic post
at which the construction of a new embassy compound or new
consulate compound would result in the closure or co-location
of an American Space, American Center, American Corner, or
any other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
et seq.).
(b) Requirements.--The guidelines required by subsection
(a) shall include the following:
(1) Standardized notification to each chief of mission at a
diplomatic post describing the requirements of the Secure
Embassy Construction and Counterterrorism Act of 1999 and the
impact on the mission footprint of such requirements.
(2) An assessment and recommendations from each chief of
mission of potential impacts to public diplomacy programming
at such diplomatic post if any public diplomacy facility
referred to in subsection (a) is closed or staff is co-
located in accordance with such Act.
(3) A process by which assessments and recommendations
under paragraph (2) are considered by the Secretary and the
appropriate Under Secretaries and Assistant Secretaries of
the Department.
(4) Notification to the appropriate congressional
committees, prior to the initiation of a new embassy compound
or new consulate compound design, of the intent to close any
such public diplomacy facility or co-locate public diplomacy
staff in accordance with such Act.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing the
guidelines required under subsection (a) and any
recommendations for any modifications to such guidelines.
SEC. 5607. DEFINITIONS.
In this title:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of a public diplomacy
program or the outset of campaign planning and design
regarding specific audience segments to understand the
attitudes, interests, knowledge, and behaviors of such
audience segments.
(2) Digital analytics.--The term ``digital analytics''
means the analysis of qualitative and quantitative data,
accumulated in digital format, to indicate the outputs and
outcomes of a public diplomacy program or campaign.
(3) Impact evaluation.--The term ``impact evaluation''
means an assessment of the changes in the audience targeted
by a public diplomacy program or campaign that can be
attributed to such program or campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means, with respect
to the Department, the following:
(A) The Bureau of Educational and Cultural Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and Resources for
Public Diplomacy and Public Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the regional and
functional bureaus.
TITLE VII--COMBATING PUBLIC CORRUPTION
SEC. 5701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the United
States to help foreign countries promote good governance and
combat public corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign countries
and enhance such countries' ability to combat public
corruption; and
(3) the Department of State should--
(A) promote coordination among the Federal departments and
agencies implementing programs to promote good governance and
combat public corruption in foreign countries in order to
improve effectiveness and efficiency; and
(B) identify areas in which United States efforts to help
other countries promote good governance and combat public
corruption could be enhanced.
SEC. 5702. DEFINITIONS.
In this title:
(1) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a government
official or government entity responsible for, or complicit
in, an act of corruption; and
(B) any company, in which a person or entity described in
subparagraph (A) has a significant stake, which is
responsible for, or complicit in, an act of corruption.
(2) Corruption.--The term ``corruption'' means the unlawful
exercise of entrusted public power for private gain,
including by bribery, nepotism, fraud, or embezzlement.
(3) Significant corruption.--The term ``significant
corruption'' means corruption committed at a high level of
government that has some or all of the following
characteristics:
(A) Illegitimately distorts major decision-making, such as
policy or resource determinations, or other fundamental
functions of governance.
(B) Involves economically or socially large-scale
government activities.
SEC. 5703. PUBLICATION OF TIERED RANKING LIST.
(a) In General.--The Secretary of State shall annually
publish, on a publicly accessible website, a tiered ranking
of all foreign countries.
(b) Tier 1 Countries.--A country shall be ranked as a tier
1 country in the ranking published under subsection (a) if
the government of such country is complying with the minimum
standards set forth in section 5704.
(c) Tier 2 Countries.--A country shall be ranked as a tier
2 country in the ranking published under subsection (a) if
the government of such country is making efforts to comply
with the minimum standards set forth in section 5704, but is
not achieving the requisite level of compliance to be ranked
as a tier 1 country.
(d) Tier 3 Countries.--A country shall be ranked as a tier
3 country in the ranking published under subsection (a) if
the government of such country is making de minimis or no
efforts to comply with the minimum standards set forth in
section 5704.
SEC. 5704. MINIMUM STANDARDS FOR THE ELIMINATION OF
CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT
CORRUPTION.
(a) In General.--The government of a country is complying
with the minimum standards for the elimination of corruption
if the government--
(1) has enacted and implemented laws and established
government structures, policies,
[[Page S8020]]
and practices that prohibit corruption, including significant
corruption;
(2) enforces the laws described in paragraph (1) by
punishing any person who is found, through a fair judicial
process, to have violated such laws;
(3) prescribes punishment for significant corruption that
is commensurate with the punishment prescribed for serious
crimes; and
(4) is making serious and sustained efforts to address
corruption, including through prevention.
(b) Factors for Assessing Government Efforts to Combat
Corruption.--In determining whether a government is making
serious and sustained efforts to address corruption, the
Secretary of State shall consider, to the extent relevant or
appropriate, factors such as--
(1) whether the government of the country has criminalized
corruption, investigates and prosecutes acts of corruption,
and convicts and sentences persons responsible for such acts
over which it has jurisdiction, including, as appropriate,
incarcerating individuals convicted of such acts;
(2) whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public
officials who participate in or facilitate corruption,
including nationals of the country who are deployed in
foreign military assignments, trade delegations abroad, or
other similar missions, who engage in or facilitate
significant corruption;
(3) whether the government of the country has adopted
measures to prevent corruption, such as measures to inform
and educate the public, including potential victims, about
the causes and consequences of corruption;
(4) what steps the government of the country has taken to
prohibit government officials from participating in,
facilitating, or condoning corruption, including the
investigation, prosecution, and conviction of such officials;
(5) the extent to which the country provides access, or, as
appropriate, makes adequate resources available, to civil
society organizations and other institutions to combat
corruption, including reporting, investigating, and
monitoring;
(6) whether an independent judiciary or judicial body in
the country is responsible for, and effectively capable of,
deciding corruption cases impartially, on the basis of facts
and in accordance with the law, without any improper
restrictions, influences, inducements, pressures, threats, or
interferences (direct or indirect);
(7) whether the government of the country is assisting in
international investigations of transnational corruption
networks and in other cooperative efforts to combat
significant corruption, including, as appropriate,
cooperating with the governments of other countries to
extradite corrupt actors;
(8) whether the government of the country recognizes the
rights of victims of corruption, ensures their access to
justice, and takes steps to prevent victims from being
further victimized or persecuted by corrupt actors,
government officials, or others;
(9) whether the government of the country protects victims
of corruption or whistleblowers from reprisal due to such
persons having assisted in exposing corruption, and refrains
from other discriminatory treatment of such persons;
(10) whether the government of the country is willing and
able to recover and, as appropriate, return the proceeds of
corruption;
(11) whether the government of the country is taking steps
to implement financial transparency measures in line with the
Financial Action Task Force recommendations, including due
diligence and beneficial ownership transparency requirements;
(12) whether the government of the country is facilitating
corruption in other countries in connection with state-
directed investment, loans or grants for major
infrastructure, or other initiatives; and
(13) such other information relating to corruption as the
Secretary of State considers appropriate.
(c) Assessing Government Efforts to Combat Corruption in
Relation to Relevant International Commitments.--In
determining whether a government is making serious and
sustained efforts to address corruption, the Secretary of
State shall consider the government of a country's compliance
with the following, as relevant:
(1) The Inter-American Convention against Corruption of the
Organization of American States, done at Caracas March 29,
1996.
(2) The Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions of the
Organisation of Economic Co-operation and Development, done
at Paris December 21, 1997 (commonly referred to as the
``Anti-Bribery Convention'').
(3) The United Nations Convention against Transnational
Organized Crime, done at New York November 15, 2000.
(4) The United Nations Convention against Corruption, done
at New York October 31, 2003.
(5) Such other treaties, agreements, and international
standards as the Secretary of State considers appropriate.
SEC. 5705. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY
HUMAN RIGHTS ACCOUNTABILITY ACT.
(a) In General.--The Secretary of State, in coordination
with the Secretary of the Treasury, should evaluate whether
there are foreign persons engaged in significant corruption
for the purposes of potential imposition of sanctions under
the Global Magnitsky Human Rights Accountability Act
(subtitle F of title XII of Public Law 114-328; 22 U.S.C.
2656 note)--
(1) in all countries identified as tier 3 countries under
section 5703; or
(2) in relation to the planning or construction or any
operation of the Nord Stream 2 pipeline.
(b) Report Required.--Not later than 180 days after
publishing the list required by section 5703(a) and annually
thereafter, the Secretary of State shall submit to the
committees specified in subsection (f) a report that
includes--
(1) a list of foreign persons with respect to which the
President imposed sanctions pursuant to the evaluation under
subsection (a);
(2) the dates on which such sanctions were imposed;
(3) the reasons for imposing such sanctions; and
(4) a list of all foreign persons found to have been
engaged in significant corruption in relation to the
planning, construction, or operation of the Nord Stream 2
pipeline.
(c) Form of Report.--Each report required by subsection (b)
shall be submitted in unclassified form but may include a
classified annex.
(d) Briefing in Lieu of Report.--The Secretary of State, in
coordination with the Secretary of the Treasury, may (except
with respect to the list required by subsection (b)(4))
provide a briefing to the committees specified in subsection
(f) instead of submitting a written report required under
subsection (b), if doing so would better serve existing
United States anti-corruption efforts or the national
interests of the Untied States.
(e) Termination of Requirements Relating to Nord Stream
2.--The requirements under subsections (a)(2) and (b)(4)
shall terminate on the date that is 5 years after the date of
the enactment of this Act.
(f) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on the Judiciary of the Senate;
and
(2) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives.
SEC. 5706. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF
CONTACT.
(a) In General.--The Secretary of State shall annually
designate an anti-corruption point of contact at the United
States diplomatic post to each country identified as tier 2
or tier 3 under section 5703, or which the Secretary
otherwise determines is in need of such a point of contact.
The point of contact shall be the chief of mission or the
chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of
contact designated under subsection (a) shall be responsible
for enhancing coordination and promoting the implementation
of a whole-of-government approach among the relevant Federal
departments and agencies undertaking efforts to--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries--
(A) to combat public corruption; and
(B) to develop and implement corruption risk assessment
tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of contact
designated under subsection (a).
TITLE VIII--GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY
REAUTHORIZATION ACT
SEC. 5801. SHORT TITLE.
This title may be cited as the ``Global Magnitsky Human
Rights Accountability Reauthorization Act''.
SEC. 5802. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS
WITH RESPECT TO HUMAN RIGHTS VIOLATIONS.
(a) Definitions.--Section 1262 of the Global Magnitsky
Human Rights Accountability Act (Subtitle F of title XII of
Public Law 114-328; 22 U.S.C. 2656 note) is amended by
striking paragraph (2) and inserting the following:
``(2) Immediate family member.--The term `immediate family
member', with respect to a foreign person, means the spouse,
parent, sibling, or adult child of the person.''.
(b) Sense of Congress.--The Global Magnitsky Human Rights
Accountability Act (Subtitle F of title XII of Public Law
114-328; 22 U.S.C. 2656 note) is amended by inserting after
section 1262 the following new section:
``SEC. 1262A. SENSE OF CONGRESS.
``It is the sense of Congress that the President should
establish and regularize information sharing and sanctions-
related decision making with like-minded governments
possessing human rights and anti-corruption sanctions
programs similar in nature to those authorized under this
subtitle.''.
(c) Imposition of Sanctions.--
(1) In general.--Subsection (a) of section 1263 of the
Global Magnitsky Human Rights Accountability Act (Subtitle F
of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is
amended to read as follows:
``(a) In General.--The President may impose the sanctions
described in subsection (b) with respect to--
[[Page S8021]]
``(1) any foreign person that the President determines,
based on credible information--
``(A) is responsible for or complicit in, or has directly
or indirectly engaged in, serious human rights abuse;
``(B) is a current or former government official, or a
person acting for or on behalf of such an official, who is
responsible for or complicit in, or has directly or
indirectly engaged in--
``(i) corruption, including--
``(I) the misappropriation of state assets;
``(II) the expropriation of private assets for personal
gain;
``(III) corruption related to government contracts or the
extraction of natural resources; or
``(IV) bribery; or
``(ii) the transfer or facilitation of the transfer of the
proceeds of corruption;
``(C) is or has been a leader or official of--
``(i) an entity, including a government entity, that has
engaged in, or whose members have engaged in, any of the
activities described in subparagraph (A) or (B) related to
the tenure of the leader or official; or
``(ii) an entity whose property and interests in property
are blocked pursuant to this section as a result of
activities related to the tenure of the leader or official;
``(D) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to or in support of--
``(i) an activity described in subparagraph (A) or (B) that
is conducted by a foreign person;
``(ii) a person whose property and interests in property
are blocked pursuant to this section; or
``(iii) an entity, including a government entity, that has
engaged in, or whose members have engaged in, an activity
described in subparagraph (A) or (B) conducted by a foreign
person; or
``(E) is owned or controlled by, or has acted or been
purported to act for or on behalf of, directly or indirectly,
a person whose property and interests in property are blocked
pursuant to this section; and
``(2) any immediate family member of a person described in
paragraph (1).''.
(2) Consideration of certain information.--Subsection
(c)(2) of such section is amended by inserting ``corruption
and'' after ``monitor''.
(3) Requests by congress.--Subsection (d) of such section
is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``subsection (a)'' and inserting ``subsection (a)(1)''; and
(ii) in subparagraph (B)(i), by inserting ``or an immediate
family member of the person''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by striking ``human rights
violations'' and inserting ``serious human rights abuse'';
and
(II) by striking ``described in paragraph (1) or (2) of
subsection (a)'' and inserting ``described in subsection
(a)(1) relating to serious human rights abuse''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking
``described in paragraph (3) or (4) of subsection (a)'' and
inserting ``described in subsection (a)(1) relating to
corruption or the transfer or facilitation of the transfer of
the proceeds of corruption''; and
(II) by striking ``ranking member of'' and all that follows
through the period at the end and inserting ``ranking member
of one of the appropriate congressional committees''.
(4) Termination of sanctions.--Subsection (g) of such
section is amended, in the matter preceding paragraph (1), by
inserting ``and the immediate family members of that person''
after ``a person''.
(d) Reports to Congress.--Section 1264(a) of the Global
Magnitsky Human Rights Accountability Act (Subtitle F of
title XII of Public Law 114-328; 22 U.S.C. 2656 note) is
amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) A description of additional steps taken by the
President through diplomacy, international engagement, and
assistance to foreign or security sectors to address
persistent underlying causes of serious human rights abuse
and corruption in each country in which foreign persons with
respect to which sanctions have been imposed under section
1263 are located.''.
(e) Repeal of Sunset.--Section 1265 of the Global Magnitsky
Human Rights Accountability Act (Subtitle F of title XII of
Public Law 114-328; 22 U.S.C. 2656 note) is repealed.
TITLE IX--OTHER MATTERS
SEC. 5901. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following:
``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows and
inserting ``determines, after consultation with the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
that assistance for such country is in the national interest
of the United States.''; and
(5) by adding at the end the following new paragraph:
``(2) No assistance shall be furnished under this Act, the
Peace Corps Act, the Millennium Challenge Act of 2003, the
African Development Foundation Act, the BUILD Act of 2018,
section 504 of the FREEDOM Support Act, or section 23 of the
Arms Export Control Act to the government of any country
which is in default during a period in excess of 1 calendar
year in payment to the United States of principal or interest
or any loan made to the government of such country by the
United States unless the President determines, following
consultation with the congressional committees specified in
paragraph (1), that assistance for such country is in the
national interest of the United States.''.
SEC. 5902. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION
AND RETURN ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of
2014 (22 U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,'' after ``access
cases''; and
(ii) by inserting ``and the number of children involved''
before the semicolon at the end; and
(B) in subparagraph (D), by inserting ``respectively, the
number of children involved,'' after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon at the
end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the Department of
State has assigned to case officers and number of children
involved for each country and as a total for all
countries.''.
SEC. 5903. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE
PRESERVATION OF AMERICA'S HERITAGE ABROAD.
(a) In General.--Chapter 3123 of title 54, United States
Code, is amended as follows:
(1) In section 312302, by inserting ``, and unimpeded
access to those sites,'' after ``and historic buildings''.
(2) In section 312304(a)--
(A) in paragraph (2)--
(i) by striking ``and historic buildings'' and inserting
``and historic buildings, and unimpeded access to those
sites''; and
(ii) by striking ``and protected'' and inserting ``,
protected, and made accessible''; and
(B) in paragraph (3), by striking ``and protecting'' and
inserting ``, protecting, and making accessible''.
(3) In section 312305, by inserting ``and to the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives'' after
``President''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Commission for the Preservation of
America's Heritage Abroad shall submit to the President and
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report that contains an evaluation of the extent to which
the Commission is prepared to continue its activities and
accomplishments with respect to the foreign heritage of
United States citizens from eastern and central Europe, were
the Commission's duties and powers extended to include other
regions, including the Middle East and North Africa, and any
additional resources or personnel the Commission would
require.
SEC. 5904. CONGRESSIONAL OVERSIGHT, QUARTERLY REVIEW, AND
AUTHORITY RELATING TO CONCURRENCE PROVIDED BY
CHIEFS OF MISSION FOR THE PROVISION OF SUPPORT
RELATING TO CERTAIN UNITED STATES GOVERNMENT
OPERATIONS.
(a) Notification Required.--Not later than 30 days after
the date on which a chief of mission provides concurrence for
the provision of United States Government support to entities
or individuals engaged in facilitating or supporting United
States Government operations within the area of
responsibility of the chief of mission, the Secretary of
State shall notify the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives of the provision of such concurrence.
(b) Quarterly Review, Determination, and Briefing
Required.--Not less frequently than every 90 days, the
Secretary of State shall, in order to ensure support
described in subsection (a) continues to align with United
States foreign policy objectives and the objectives of the
Department of State--
(1) conduct a review of any concurrence described in
subsection (a) in effect as of the date of the review;
(2) based on the review, determine whether to revoke any
such concurrence pending further study and review; and
(3) brief the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives on the results of the review.
(c) Revocation of Concurrence.--Based on the review
conducted pursuant to subsection
[[Page S8022]]
(b), the Secretary may revoke any such concurrence.
(d) Annual Report Required.--Not later than January 31 of
each year, the Secretary of State shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report that includes the following:
(1) A description of any support described in subsection
(a) that was provided with the concurrence of a chief of
mission during the calendar year preceding the calendar year
in which the report is submitted.
(2) An analysis of the effects of the support described in
paragraph (1) on diplomatic lines of effort, including with
respect to--
(A) Nonproliferation, Anti-terrorism, Demining, and Related
Programs (NADR) and associated Anti-Terrorism Assistance
(ATA) programs;
(B) International Narcotics Control and Law Enforcement
(INCLE) programs; and
(C) Foreign Military Sales (FMS), Foreign Military
Financing (FMF), and associated training programs.
SEC. 5905. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION
TASK FORCE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees, the Committee on Armed
Services of the House of Representatives, and the Committee
on Armed Services of the Senate a report evaluating the
efforts of the Coronavirus Repatriation Task Force of the
Department of State to repatriate United States citizens and
legal permanent residents in response to the 2020 coronavirus
outbreak. The report shall identify--
(1) the most significant impediments to repatriating such
persons;
(2) the lessons learned from such repatriations; and
(3) any changes planned to future repatriation efforts of
the Department of State to incorporate such lessons learned.
______
SA 4516. Mr. PETERS (for himself, Mr. Portman, Mr. Warner, Ms.
Collins, and Ms. Sinema) submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2021
SEC. 5101. SHORT TITLE.
This division may be cited as the ``Federal Information
Security Modernization Act of 2021''.
SEC. 5102. DEFINITIONS.
In this division, unless otherwise specified:
(1) Additional cybersecurity procedure.--The term
``additional cybersecurity procedure'' has the meaning given
the term in section 3552(b) of title 44, United States Code,
as amended by this division.
(2) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Reform of the House of
Representatives; and
(C) the Committee on Homeland Security of the House of
Representatives.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Incident.--The term ``incident'' has the meaning given
the term in section 3552(b) of title 44, United States Code.
(6) National security system.--The term ``national security
system'' has the meaning given the term in section 3552(b) of
title 44, United States Code.
(7) Penetration test.--The term ``penetration test'' has
the meaning given the term in section 3552(b) of title 44,
United States Code, as amended by this division.
(8) Threat hunting.--The term ``threat hunting'' means
proactively and iteratively searching for threats to systems
that evade detection by automated threat detection systems.
TITLE LI--UPDATES TO FISMA
SEC. 5121. TITLE 44 AMENDMENTS.
(a) Subchapter I Amendments.--Subchapter I of chapter 35 of
title 44, United States Code, is amended--
(1) in section 3504--
(A) in subsection (a)(1)(B)--
(i) by striking clause (v) and inserting the following:
``(v) confidentiality, disclosure, and sharing of
information;'';
(ii) by redesignating clause (vi) as clause (vii); and
(iii) by inserting after clause (v) the following:
``(vi) in consultation with the National Cyber Director and
the Director of the Cybersecurity and Infrastructure Security
Agency, security of information; and'';
(B) in subsection (g), by striking paragraph (1) and
inserting the following:
``(1) with respect to information collected or maintained
by or for agencies--
``(A) develop and oversee the implementation of policies,
principles, standards, and guidelines on privacy,
confidentiality, disclosure, and sharing of the information;
and
``(B) in consultation with the National Cyber Director and
the Director of the Cybersecurity and Infrastructure Security
Agency, develop and oversee policies, principles, standards,
and guidelines on security of the information; and''; and
(C) in subsection (h)(1)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``the Director of the Cybersecurity and
Infrastructure Security Agency and the National Cyber
Director,'' before ``the Director''; and
(II) by inserting a comma before ``and the Administrator'';
and
(ii) in subparagraph (A), by inserting ``security and''
after ``information technology'';
(2) in section 3505--
(A) in paragraph (3) of the first subsection designated as
subsection (c)--
(i) in subparagraph (B)--
(I) by inserting ``the Director of the Cybersecurity and
Infrastructure Security Agency, the National Cyber Director,
and'' before ``the Comptroller General''; and
(II) by striking ``and'' at the end;
(ii) in subparagraph (C)(v), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) maintained on a continual basis through the use of
automation, machine-readable data, and scanning.''; and
(B) by striking the second subsection designated as
subsection (c);
(3) in section 3506--
(A) in subsection (b)(1)(C), by inserting ``,
availability'' after ``integrity''; and
(B) in subsection (h)(3), by inserting ``security,'' after
``efficiency,''; and
(4) in section 3513--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following:
``(c) Each agency providing a written plan under subsection
(b) shall provide any portion of the written plan addressing
information security or cybersecurity to the Director of the
Cybersecurity and Infrastructure Security Agency.''.
(b) Subchapter II Definitions.--
(1) In general.--Section 3552(b) of title 44, United States
Code, is amended--
(A) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), and (7) as paragraphs (2), (3), (4), (5), (6), (9), and
(11), respectively;
(B) by inserting before paragraph (2), as so redesignated,
the following:
``(1) The term `additional cybersecurity procedure' means a
process, procedure, or other activity that is established in
excess of the information security standards promulgated
under section 11331(b) of title 40 to increase the security
and reduce the cybersecurity risk of agency systems.'';
(C) by inserting after paragraph (6), as so redesignated,
the following:
``(7) The term `high value asset' means information or an
information system that the head of an agency determines so
critical to the agency that the loss or corruption of the
information or the loss of access to the information system
would have a serious impact on the ability of the agency to
perform the mission of the agency or conduct business.
``(8) The term `major incident' has the meaning given the
term in guidance issued by the Director under section
3598(a).'';
(D) by inserting after paragraph (9), as so redesignated,
the following:
``(10) The term `penetration test' means a specialized type
of assessment that--
``(A) is conducted on an information system or a component
of an information system; and
``(B) emulates an attack or other exploitation capability
of a potential adversary, typically under specific
constraints, in order to identify any vulnerabilities of an
information system or a component of an information system
that could be exploited.''; and
(E) by inserting after paragraph (11), as so redesignated,
the following:
``(12) The term `shared service' means a centralized
business or mission capability that is provided to multiple
organizations within an agency or to multiple agencies.''.
(2) Conforming amendments.--
(A) Homeland security act of 2002.--Section 1001(c)(1)(A)
of the Homeland Security Act of 2002 (6 U.S.C. 511(1)(A)) is
amended by striking ``section 3552(b)(5)'' and inserting
``section 3552(b)''.
(B) Title 10.--
(i) Section 2222.--Section 2222(i)(8) of title 10, United
States Code, is amended by striking ``section 3552(b)(6)(A)''
and inserting ``section 3552(b)(9)(A)''.
(ii) Section 2223.--Section 2223(c)(3) of title 10, United
States Code, is amended by striking ``section 3552(b)(6)''
and inserting ``section 3552(b)''.
(iii) Section 2315.--Section 2315 of title 10, United
States Code, is amended by striking ``section 3552(b)(6)''
and inserting ``section 3552(b)''.
(iv) Section 2339a.--Section 2339a(e)(5) of title 10,
United States Code, is amended by striking ``section
3552(b)(6)'' and inserting ``section 3552(b)''.
(C) High-performance computing act of 1991.--Section 207(a)
of the High-Performance Computing Act of 1991 (15 U.S.C.
5527(a)) is amended by striking ``section
[[Page S8023]]
3552(b)(6)(A)(i)'' and inserting ``section
3552(b)(9)(A)(i)''.
(D) Internet of things cybersecurity improvement act of
2020.--Section 3(5) of the Internet of Things Cybersecurity
Improvement Act of 2020 (15 U.S.C. 278g-3a) is amended by
striking ``section 3552(b)(6)'' and inserting ``section
3552(b)''.
(E) National defense authorization act for fiscal year
2013.--Section 933(e)(1)(B) of the National Defense
Authorization Act for Fiscal Year 2013 (10 U.S.C. 2224 note)
is amended by striking ``section 3542(b)(2)'' and inserting
``section 3552(b)''.
(F) Ike skelton national defense authorization act for
fiscal year 2011.--The Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383)
is amended--
(i) in section 806(e)(5) (10 U.S.C. 2304 note), by striking
``section 3542(b)'' and inserting ``section 3552(b)'';
(ii) in section 931(b)(3) (10 U.S.C. 2223 note), by
striking ``section 3542(b)(2)'' and inserting ``section
3552(b)''; and
(iii) in section 932(b)(2) (10 U.S.C. 2224 note), by
striking ``section 3542(b)(2)'' and inserting ``section
3552(b)''.
(G) E-government act of 2002.--Section 301(c)(1)(A) of the
E-Government Act of 2002 (44 U.S.C. 3501 note) is amended by
striking ``section 3542(b)(2)'' and inserting ``section
3552(b)''.
(H) National institute of standards and technology act.--
Section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) is amended--
(i) in subsection (a)(2), by striking ``section
3552(b)(5)'' and inserting ``section 3552(b)''; and
(ii) in subsection (f)--
(I) in paragraph (3), by striking ``section 3532(1)'' and
inserting ``section 3552(b)''; and
(II) in paragraph (5), by striking ``section 3532(b)(2)''
and inserting ``section 3552(b)''.
(c) Subchapter II Amendments.--Subchapter II of chapter 35
of title 44, United States Code, is amended--
(1) in section 3551--
(A) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (7), respectively;
(B) by inserting after paragraph (2) the following:
``(3) recognize the role of the Cybersecurity and
Infrastructure Security Agency as the lead entity for
operational cybersecurity coordination across the Federal
Government;'';
(C) in paragraph (5), as so redesignated, by striking
``diagnose and improve'' and inserting ``integrate, deliver,
diagnose, and improve'';
(D) in paragraph (6), as so redesignated, by striking
``and'' at the end;
(E) in paragraph (7), as so redesignated, by striking the
period at the end and inserting a semi colon; and
(F) by adding at the end the following:
``(8) recognize that each agency has specific mission
requirements and, at times, unique cybersecurity requirements
to meet the mission of the agency;
``(9) recognize that each agency does not have the same
resources to secure agency systems, and an agency should not
be expected to have the capability to secure the systems of
the agency from advanced adversaries alone; and
``(10) recognize that--
``(A) a holistic Federal cybersecurity model is necessary
to account for differences between the missions and
capabilities of agencies; and
``(B) in accounting for the differences described in
subparagraph (A) and ensuring overall Federal cybersecurity--
``(i) the Office of Management and Budget is the leader for
policy development and oversight of Federal cybersecurity;
``(ii) the Cybersecurity and Infrastructure Security Agency
is the leader for implementing operations at agencies; and
``(iii) the National Cyber Director is responsible for
developing the overall cybersecurity strategy of the United
States and advising the President on matters relating to
cybersecurity.'';
(2) in section 3553--
(A) by striking the section heading and inserting
``Authority and functions of the Director and the Director of
the Cybersecurity and Infrastructure Security Agency''.
(B) in subsection (a)--
(i) in paragraph (1), by inserting ``in coordination with
the Director of the Cybersecurity and Infrastructure Security
Agency and the National Cyber Director,'' before ``developing
and overseeing'';
(ii) in paragraph (5)--
(I) by inserting ``, in consultation with the Director of
the Cybersecurity and Infrastructure Security Agency and the
National Cyber Director,'' before ``agency compliance''; and
(II) by striking ``and'' at the end; and
(iii) by adding at the end the following:
``(8) promoting, in consultation with the Director of the
Cybersecurity and Infrastructure Security Agency and the
Director of the National Institute of Standards and
Technology--
``(A) the use of automation to improve Federal
cybersecurity and visibility with respect to the
implementation of Federal cybersecurity; and
``(B) the use of presumption of compromise and least
privilege principles to improve resiliency and timely
response actions to incidents on Federal systems.'';
(C) in subsection (b)--
(i) by striking the subsection heading and inserting
``Cybersecurity and Infrastructure Security Agency'';
(ii) in the matter preceding paragraph (1), by striking
``The Secretary, in consultation with the Director'' and
inserting ``The Director of the Cybersecurity and
Infrastructure Security Agency, in consultation with the
Director and the National Cyber Director'';
(iii) in paragraph (2)--
(I) in subparagraph (A), by inserting ``and reporting
requirements under subchapter IV of this title'' after
``section 3556''; and
(II) in subparagraph (D), by striking ``the Director or
Secretary'' and inserting ``the Director of the Cybersecurity
and Infrastructure Security Agency'';
(iv) in paragraph (5), by striking ``coordinating'' and
inserting ``leading the coordination of'';
(v) in paragraph (8), by striking ``the Secretary's
discretion'' and inserting ``the Director of the
Cybersecurity and Infrastructure Security Agency's
discretion''; and
(vi) in paragraph (9), by striking ``as the Director or the
Secretary, in consultation with the Director,'' and inserting
``as the Director of the Cybersecurity and Infrastructure
Security Agency'';
(D) in subsection (c)--
(i) in the matter preceding paragraph (1), by striking
``each year'' and inserting ``each year during which agencies
are required to submit reports under section 3554(c)'';
(ii) by striking paragraph (1);
(iii) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively;
(iv) in paragraph (3), as so redesignated, by striking
``and'' at the end;
(v) by inserting after paragraph (3), as so redesignated
the following:
``(4) a summary of each assessment of Federal risk posture
performed under subsection (i);''; and
(vi) in paragraph (5), by striking the period at the end
and inserting ``; and'';
(E) by redesignating subsections (i), (j), (k), and (l) as
subsections (j), (k), (l), and (m) respectively;
(F) by inserting after subsection (h) the following:
``(i) Federal Risk Assessments.--On an ongoing and
continuous basis, the Director of the Cybersecurity and
Infrastructure Security Agency shall perform assessments of
Federal risk posture using any available information on the
cybersecurity posture of agencies, and brief the Director and
National Cyber Director on the findings of those assessments
including--
``(1) the status of agency cybersecurity remedial actions
described in section 3554(b)(7);
``(2) any vulnerability information relating to the systems
of an agency that is known by the agency;
``(3) analysis of incident information under section 3597;
``(4) evaluation of penetration testing performed under
section 3559A;
``(5) evaluation of vulnerability disclosure program
information under section 3559B;
``(6) evaluation of agency threat hunting results;
``(7) evaluation of Federal and non-Federal threat
intelligence;
``(8) data on agency compliance with standards issued under
section 11331 of title 40;
``(9) agency system risk assessments performed under
section 3554(a)(1)(A); and
``(10) any other information the Director of the
Cybersecurity and Infrastructure Security Agency determines
relevant.''; and
(G) in subsection (j), as so redesignated--
(i) by striking ``regarding the specific'' and inserting
``that includes a summary of--
``(1) the specific'';
(ii) in paragraph (1), as so designated, by striking the
period at the end and inserting ``; and'' and
(iii) by adding at the end the following:
``(2) the trends identified in the Federal risk assessment
performed under subsection (i).''; and
(H) by adding at the end the following:
``(n) Binding Operational Directives.--If the Director of
the Cybersecurity and Infrastructure Security Agency issues a
binding operational directive or an emergency directive under
this section, not later than 2 days after the date on which
the binding operational directive requires an agency to take
an action, the Director of the Cybersecurity and
Infrastructure Security Agency shall provide to the
appropriate reporting entities the status of the
implementation of the binding operational directive at the
agency.'';
(3) in section 3554--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively;
(II) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) on an ongoing and continuous basis, performing agency
system risk assessments that--
``(i) identify and document the high value assets of the
agency using guidance from the Director;
``(ii) evaluate the data assets inventoried under section
3511 for sensitivity to compromises in confidentiality,
integrity, and availability;
``(iii) identify agency systems that have access to or hold
the data assets inventoried under section 3511;
[[Page S8024]]
``(iv) evaluate the threats facing agency systems and data,
including high value assets, based on Federal and non-Federal
cyber threat intelligence products, where available;
``(v) evaluate the vulnerability of agency systems and
data, including high value assets, including by analyzing--
``(I) the results of penetration testing performed by the
Department of Homeland Security under section 3553(b)(9);
``(II) the results of penetration testing performed under
section 3559A;
``(III) information provided to the agency through the
vulnerability disclosure program of the agency under section
3559B;
``(IV) incidents; and
``(V) any other vulnerability information relating to
agency systems that is known to the agency;
``(vi) assess the impacts of potential agency incidents to
agency systems, data, and operations based on the evaluations
described in clauses (ii) and (iv) and the agency systems
identified under clause (iii); and
``(vii) assess the consequences of potential incidents
occurring on agency systems that would impact systems at
other agencies, including due to interconnectivity between
different agency systems or operational reliance on the
operations of the system or data in the system;'';
(III) in subparagraph (B), as so redesignated, in the
matter preceding clause (i), by striking ``providing
information'' and inserting ``using information from the
assessment conducted under subparagraph (A), providing, in
coordination with the Director of the Cybersecurity and
Infrastructure Security Agency, information'';
(IV) in subparagraph (C), as so redesignated--
(aa) in clause (ii) by inserting ``binding'' before
``operational''; and
(bb) in clause (vi), by striking ``and'' at the end; and
(V) by adding at the end the following:
``(E) providing an update on the ongoing and continuous
assessment performed under subparagraph (A)--
``(i) upon request, to the inspector general of the agency
or the Comptroller General of the United States; and
``(ii) on a periodic basis, as determined by guidance
issued by the Director but not less frequently than annually,
to--
``(I) the Director;
``(II) the Director of the Cybersecurity and Infrastructure
Security Agency; and
``(III) the National Cyber Director;
``(F) in consultation with the Director of the
Cybersecurity and Infrastructure Security Agency and not less
frequently than once every 3 years, performing an evaluation
of whether additional cybersecurity procedures are
appropriate for securing a system of, or under the
supervision of, the agency, which shall--
``(i) be completed considering the agency system risk
assessment performed under subparagraph (A); and
``(ii) include a specific evaluation for high value assets;
``(G) not later than 30 days after completing the
evaluation performed under subparagraph (F), providing the
evaluation and an implementation plan, if applicable, for
using additional cybersecurity procedures determined to be
appropriate to--
``(i) the Director of the Cybersecurity and Infrastructure
Security Agency;
``(ii) the Director; and
``(iii) the National Cyber Director; and
``(H) if the head of the agency determines there is need
for additional cybersecurity procedures, ensuring that those
additional cybersecurity procedures are reflected in the
budget request of the agency in accordance with the risk-
based cyber budget model developed pursuant to section
3553(a)(7);'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by inserting ``in accordance with
the agency system risk assessment performed under paragraph
(1)(A)'' after ``information systems'';
(II) in subparagraph (B)--
(aa) by striking ``in accordance with standards'' and
inserting ``in accordance with--
``(i) standards''; and
(bb) by adding at the end the following:
``(ii) the evaluation performed under paragraph (1)(F); and
``(iii) the implementation plan described in paragraph
(1)(G);''; and
(III) in subparagraph (D), by inserting ``, through the use
of penetration testing, the vulnerability disclosure program
established under section 3559B, and other means,'' after
``periodically'';
(iii) in paragraph (3)--
(I) in subparagraph (A)--
(aa) in clause (iii), by striking ``and'' at the end;
(bb) in clause (iv), by adding ``and'' at the end; and
(cc) by adding at the end the following:
``(v) ensure that--
``(I) senior agency information security officers of
component agencies carry out responsibilities under this
subchapter, as directed by the senior agency information
security officer of the agency or an equivalent official; and
``(II) senior agency information security officers of
component agencies report to--
``(aa) the senior information security officer of the
agency or an equivalent official; and
``(bb) the Chief Information Officer of the component
agency or an equivalent official;''; and
(iv) in paragraph (5), by inserting ``and the Director of
the Cybersecurity and Infrastructure Security Agency'' before
``on the effectiveness'';
(B) in subsection (b)--
(i) by striking paragraph (1) and inserting the following:
``(1) pursuant to subsection (a)(1)(A), performing ongoing
and continuous agency system risk assessments, which may
include using guidelines and automated tools consistent with
standards and guidelines promulgated under section 11331 of
title 40, as applicable;'';
(ii) in paragraph (2)--
(I) by striking subparagraph (B) and inserting the
following:
``(B) comply with the risk-based cyber budget model
developed pursuant to section 3553(a)(7);''; and
(II) in subparagraph (D)--
(aa) by redesignating clauses (iii) and (iv) as clauses
(iv) and (v), respectively;
(bb) by inserting after clause (ii) the following:
``(iii) binding operational directives and emergency
directives promulgated by the Director of the Cybersecurity
and Infrastructure Security Agency under section 3553;''; and
(cc) in clause (iv), as so redesignated, by striking ``as
determined by the agency; and'' and inserting ``as determined
by the agency, considering--
``(I) the agency risk assessment performed under subsection
(a)(1)(A); and
``(II) the determinations of applying more stringent
standards and additional cybersecurity procedures pursuant to
section 11331(c)(1) of title 40; and'';
(iii) in paragraph (5)(A), by inserting ``, including
penetration testing, as appropriate,'' after ``shall include
testing'';
(iv) in paragraph (6), by striking ``planning,
implementing, evaluating, and documenting'' and inserting
``planning and implementing and, in consultation with the
Director of the Cybersecurity and Infrastructure Security
Agency, evaluating and documenting'';
(v) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(vi) by inserting after paragraph (6) the following:
``(7) a process for providing the status of every remedial
action and known system vulnerability to the Director and the
Director of the Cybersecurity and Infrastructure Security
Agency, using automation and machine-readable data to the
greatest extent practicable;''; and
(vii) in paragraph (8)(C), as so redesignated--
(I) by striking clause (ii) and inserting the following:
``(ii) notifying and consulting with the Federal
information security incident center established under
section 3556 pursuant to the requirements of section 3594;'';
(II) by redesignating clause (iii) as clause (iv);
(III) by inserting after clause (ii) the following:
``(iii) performing the notifications and other activities
required under subchapter IV of this title; and''; and
(IV) in clause (iv), as so redesignated--
(aa) in subclause (I), by striking ``and relevant offices
of inspectors general'';
(bb) in subclause (II), by adding ``and'' at the end;
(cc) by striking subclause (III); and
(dd) by redesignating subclause (IV) as subclause (III);
(C) in subsection (c)--
(i) by redesignating paragraph (2) as paragraph (5);
(ii) by striking paragraph (1) and inserting the following:
``(1) Biannual report.--Not later than 2 years after the
date of enactment of the Federal Information Security
Modernization Act of 2021 and not less frequently than once
every 2 years thereafter, using the continuous and ongoing
agency system risk assessment under subsection (a)(1)(A), the
head of each agency shall submit to the Director, the
Director of the Cybersecurity and Infrastructure Security
Agency, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Oversight and Reform
of the House of Representatives, the Committee on Homeland
Security of the House of Representatives, the appropriate
authorization and appropriations committees of Congress, the
National Cyber Director, and the Comptroller General of the
United States a report that--
``(A) summarizes the agency system risk assessment
performed under subsection (a)(1)(A);
``(B) evaluates the adequacy and effectiveness of
information security policies, procedures, and practices of
the agency to address the risks identified in the agency
system risk assessment performed under subsection (a)(1)(A),
including an analysis of the agency's cybersecurity and
incident response capabilities using the metrics established
under section 224(c) of the Cybersecurity Act of 2015 (6
U.S.C. 1522(c));
``(C) summarizes the evaluation and implementation plans
described in subparagraphs (F) and (G) of subsection (a)(1)
and whether those evaluation and implementation plans call
for the use of additional cybersecurity procedures determined
to be appropriate by the agency; and
``(D) summarizes the status of remedial actions identified
by inspector general of the agency, the Comptroller General
of the United States, and any other source determined
appropriate by the head of the agency.
[[Page S8025]]
``(2) Unclassified reports.--Each report submitted under
paragraph (1)--
``(A) shall be, to the greatest extent practicable, in an
unclassified and otherwise uncontrolled form; and
``(B) may include a classified annex.
``(3) Access to information.--The head of an agency shall
ensure that, to the greatest extent practicable, information
is included in the unclassified form of the report submitted
by the agency under paragraph (2)(A).
``(4) Briefings.--During each year during which a report is
not required to be submitted under paragraph (1), the
Director shall provide to the congressional committees
described in paragraph (1) a briefing summarizing current
agency and Federal risk postures.''; and
(iii) in paragraph (5), as so redesignated, by inserting
``including the reporting procedures established under
section 11315(d) of title 40 and subsection (a)(3)(A)(v) of
this section''; and
(D) in subsection (d)(1), in the matter preceding
subparagraph (A), by inserting ``and the Director of the
Cybersecurity and Infrastructure Security Agency'' after
``the Director''; and
(4) in section 3555--
(A) in the section heading, by striking ``annual
independent'' and inserting ``independent'';
(B) in subsection (a)--
(i) in paragraph (1), by inserting ``during which a report
is required to be submitted under section 3553(c),'' after
``Each year'';
(ii) in paragraph (2)(A), by inserting ``, including by
penetration testing and analyzing the vulnerability
disclosure program of the agency'' after ``information
systems''; and
(iii) by adding at the end the following:
``(3) An evaluation under this section may include
recommendations for improving the cybersecurity posture of
the agency.'';
(C) in subsection (b)(1), by striking ``annual'';
(D) in subsection (e)(1), by inserting ``during which a
report is required to be submitted under section 3553(c)''
after ``Each year'';
(E) by striking subsection (f) and inserting the following:
``(f) Protection of Information.--(1) Agencies, evaluators,
and other recipients of information that, if disclosed, may
cause grave harm to the efforts of Federal information
security officers shall take appropriate steps to ensure the
protection of that information, including safeguarding the
information from public disclosure.
``(2) The protections required under paragraph (1) shall be
commensurate with the risk and comply with all applicable
laws and regulations.
``(3) With respect to information that is not related to
national security systems, agencies and evaluators shall make
a summary of the information unclassified and publicly
available, including information that does not identify--
``(A) specific information system incidents; or
``(B) specific information system vulnerabilities.'';
(F) in subsection (g)(2)--
(i) by striking ``this subsection shall'' and inserting
``this subsection--
``(A) shall'';
(ii) in subparagraph (A), as so designated, by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(B) identify any entity that performs an independent
evaluation under subsection (b).''; and
(G) by striking subsection (j) and inserting the following:
``(j) Guidance.--
``(1) In general.--The Director, in consultation with the
Director of the Cybersecurity and Infrastructure Security
Agency, the Chief Information Officers Council, the Council
of the Inspectors General on Integrity and Efficiency, and
other interested parties as appropriate, shall ensure the
development of guidance for evaluating the effectiveness of
an information security program and practices
``(2) Priorities.--The guidance developed under paragraph
(1) shall prioritize the identification of--
``(A) the most common threat patterns experienced by each
agency;
``(B) the security controls that address the threat
patterns described in subparagraph (A); and
``(C) any other security risks unique to the networks of
each agency.''; and
(5) in section 3556(a)--
(A) in the matter preceding paragraph (1), by inserting
``within the Cybersecurity and Infrastructure Security
Agency'' after ``incident center''; and
(B) in paragraph (4), by striking ``3554(b)'' and inserting
``3554(a)(1)(A)''.
(d) Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
35 of title 44, United States Code, is amended--
(A) by striking the item relating to section 3553 and
inserting the following:
``3553. Authority and functions of the Director and the Director of the
Cybersecurity and Infrastructure Security Agency.''; and
(B) by striking the item relating to section 3555 and
inserting the following:
``3555. Independent evaluation.''.
(2) OMB reports.--Section 226(c) of the Cybersecurity Act
of 2015 (6 U.S.C. 1524(c)) is amended--
(A) in paragraph (1)(B), in the matter preceding clause
(i), by striking ``annually thereafter'' and inserting
``thereafter during the years during which a report is
required to be submitted under section 3553(c) of title 44,
United States Code''; and
(B) in paragraph (2)(B), in the matter preceding clause
(i)--
(i) by striking ``annually thereafter'' and inserting
``thereafter during the years during which a report is
required to be submitted under section 3553(c) of title 44,
United States Code''; and
(ii) by striking ``the report required under section
3553(c) of title 44, United States Code'' and inserting
``that report''.
(3) NIST responsibilities.--Section 20(d)(3)(B) of the
National Institute of Standards and Technology Act (15 U.S.C.
278g-3(d)(3)(B)) is amended by striking ``annual''.
(e) Federal System Incident Response.--
(1) In general.--Chapter 35 of title 44, United States
Code, is amended by adding at the end the following:
``SUBCHAPTER IV--FEDERAL SYSTEM INCIDENT RESPONSE
``Sec. 3591. Definitions
``(a) In General.--Except as provided in subsection (b),
the definitions under sections 3502 and 3552 shall apply to
this subchapter.
``(b) Additional Definitions.--As used in this subchapter:
``(1) Appropriate reporting entities.--The term
`appropriate reporting entities' means--
``(A) the majority and minority leaders of the Senate;
``(B) the Speaker and minority leader of the House of
Representatives;
``(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(D) the Committee on Oversight and Reform of the House of
Representatives;
``(E) the Committee on Homeland Security of the House of
Representatives;
``(F) the appropriate authorization and appropriations
committees of Congress;
``(G) the Director;
``(H) the Director of the Cybersecurity and Infrastructure
Security Agency;
``(I) the National Cyber Director;
``(J) the Comptroller General of the United States; and
``(K) the inspector general of any impacted agency.
``(2) Awardee.--The term `awardee'--
``(A) means a person, business, or other entity that
receives a grant from, or is a party to a cooperative
agreement or an other transaction agreement with, an agency;
and
``(B) includes any subgrantee of a person, business, or
other entity described in subparagraph (A).
``(3) Breach.--The term `breach' means--
``(A) a compromise of the security, confidentiality, or
integrity of data in electronic form that results in
unauthorized access to, or an acquisition of, personal
information; or
``(B) a loss of data in electronic form that results in
unauthorized access to, or an acquisition of, personal
information.
``(4) Contractor.--The term `contractor' means--
``(A) a prime contractor of an agency or a subcontractor of
a prime contractor of an agency; and
``(B) any person or business that collects or maintains
information, including personally identifiable information,
on behalf of an agency.
``(5) Federal information.--The term `Federal information'
means information created, collected, processed, maintained,
disseminated, disclosed, or disposed of by or for the Federal
Government in any medium or form.
``(6) Federal information system.--The term `Federal
information system' means an information system used or
operated by an agency, a contractor, an awardee, or another
organization on behalf of an agency.
``(7) Intelligence community.--The term `intelligence
community' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(8) Nationwide consumer reporting agency.--The term
`nationwide consumer reporting agency' means a consumer
reporting agency described in section 603(p) of the Fair
Credit Reporting Act (15 U.S.C. 1681a(p)).
``(9) Vulnerability disclosure.--The term `vulnerability
disclosure' means a vulnerability identified under section
3559B.
``Sec. 3592. Notification of breach
``(a) Notification.--As expeditiously as practicable and
without unreasonable delay, and in any case not later than 45
days after an agency has a reasonable basis to conclude that
a breach has occurred, the head of the agency, in
consultation with a senior privacy officer of the agency,
shall--
``(1) determine whether notice to any individual
potentially affected by the breach is appropriate based on an
assessment of the risk of harm to the individual that
considers--
``(A) the nature and sensitivity of the personally
identifiable information affected by the breach;
``(B) the likelihood of access to and use of the personally
identifiable information affected by the breach;
``(C) the type of breach; and
``(D) any other factors determined by the Director; and
``(2) as appropriate, provide written notice in accordance
with subsection (b) to each individual potentially affected
by the breach--
``(A) to the last known mailing address of the individual;
or
[[Page S8026]]
``(B) through an appropriate alternative method of
notification that the head of the agency or a designated
senior-level individual of the agency selects based on
factors determined by the Director.
``(b) Contents of Notice.--Each notice of a breach provided
to an individual under subsection (a)(2) shall include--
``(1) a brief description of the rationale for the
determination that notice should be provided under subsection
(a);
``(2) if possible, a description of the types of personally
identifiable information affected by the breach;
``(3) contact information of the agency that may be used to
ask questions of the agency, which--
``(A) shall include an e-mail address or another digital
contact mechanism; and
``(B) may include a telephone number or a website;
``(4) information on any remedy being offered by the
agency;
``(5) any applicable educational materials relating to what
individuals can do in response to a breach that potentially
affects their personally identifiable information, including
relevant contact information for Federal law enforcement
agencies and each nationwide consumer reporting agency; and
``(6) any other appropriate information, as determined by
the head of the agency or established in guidance by the
Director.
``(c) Delay of Notification.--
``(1) In general.--The Attorney General, the Director of
National Intelligence, or the Secretary of Homeland Security
may delay a notification required under subsection (a) if the
notification would--
``(A) impede a criminal investigation or a national
security activity;
``(B) reveal sensitive sources and methods;
``(C) cause damage to national security; or
``(D) hamper security remediation actions.
``(2) Documentation.--
``(A) In general.--Any delay under paragraph (1) shall be
reported in writing to the Director, the Attorney General,
the Director of National Intelligence, the Secretary of
Homeland Security, the Director of the Cybersecurity and
Infrastructure Security Agency, and the head of the agency
and the inspector general of the agency that experienced the
breach.
``(B) Contents.--A report required under subparagraph (A)
shall include a written statement from the entity that
delayed the notification explaining the need for the delay.
``(C) Form.--The report required under subparagraph (A)
shall be unclassified but may include a classified annex.
``(3) Renewal.--A delay under paragraph (1) shall be for a
period of 60 days and may be renewed.
``(d) Update Notification.--If an agency determines there
is a significant change in the reasonable basis to conclude
that a breach occurred, a significant change to the
determination made under subsection (a)(1), or that it is
necessary to update the details of the information provided
to impacted individuals as described in subsection (b), the
agency shall as expeditiously as practicable and without
unreasonable delay, and in any case not later than 30 days
after such a determination, notify each individual who
received a notification pursuant to subsection (a) of those
changes.
``(e) Exemption From Notification.--
``(1) In general.--The head of an agency, in consultation
with the inspector general of the agency, may request an
exemption from the Director from complying with the
notification requirements under subsection (a) if the
information affected by the breach is determined by an
independent evaluation to be unreadable, including, as
appropriate, instances in which the information is--
``(A) encrypted; and
``(B) determined by the Director of the Cybersecurity and
Infrastructure Security Agency to be of sufficiently low risk
of exposure.
``(2) Approval.--The Director shall determine whether to
grant an exemption requested under paragraph (1) in
consultation with--
``(A) the Director of the Cybersecurity and Infrastructure
Security Agency; and
``(B) the Attorney General.
``(3) Documentation.--Any exemption granted by the Director
under paragraph (1) shall be reported in writing to the head
of the agency and the inspector general of the agency that
experienced the breach and the Director of the Cybersecurity
and Infrastructure Security Agency.
``(f) Rule of Construction.--Nothing in this section shall
be construed to limit--
``(1) the Director from issuing guidance relating to
notifications or the head of an agency from notifying
individuals potentially affected by breaches that are not
determined to be major incidents; or
``(2) the Director from issuing guidance relating to
notifications of major incidents or the head of an agency
from providing more information than described in subsection
(b) when notifying individuals potentially affected by
breaches.
``Sec. 3593. Congressional and Executive Branch reports
``(a) Initial Report.--
``(1) In general.--Not later than 72 hours after an agency
has a reasonable basis to conclude that a major incident
occurred, the head of the agency impacted by the major
incident shall submit to the appropriate reporting entities a
written report and, to the extent practicable, provide a
briefing to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Reform of the House of Representatives, the
Committee on Homeland Security of the House of
Representatives, and the appropriate authorization and
appropriations committees of Congress, taking into account--
``(A) the information known at the time of the report;
``(B) the sensitivity of the details associated with the
major incident; and
``(C) the classification level of the information contained
in the report.
``(2) Contents.--A report required under paragraph (1)
shall include, in a manner that excludes or otherwise
reasonably protects personally identifiable information and
to the extent permitted by applicable law, including privacy
and statistical laws--
``(A) a summary of the information available about the
major incident, including how the major incident occurred,
information indicating that the major incident may be a
breach, and information relating to the major incident as a
breach, based on information available to agency officials as
of the date on which the agency submits the report;
``(B) if applicable, a description and any associated
documentation of any circumstances necessitating a delay in
or exemption to notification to individuals potentially
affected by the major incident under subsection (c) or (e) of
section 3592; and
``(C) if applicable, an assessment of the impacts to the
agency, the Federal Government, or the security of the United
States, based on information available to agency officials on
the date on which the agency submits the report.
``(b) Supplemental Report.--Within a reasonable amount of
time, but not later than 30 days after the date on which an
agency submits a written report under subsection (a), the
head of the agency shall provide to the appropriate reporting
entities written updates on the major incident and, to the
extent practicable, provide a briefing to the congressional
committees described in subsection (a)(1), including
summaries of--
``(1) vulnerabilities, means by which the major incident
occurred, and impacts to the agency relating to the major
incident;
``(2) any risk assessment and subsequent risk-based
security implementation of the affected information system
before the date on which the major incident occurred;
``(3) the status of compliance of the affected information
system with applicable security requirements at the time of
the major incident;
``(4) an estimate of the number of individuals potentially
affected by the major incident based on information available
to agency officials as of the date on which the agency
provides the update;
``(5) an assessment of the risk of harm to individuals
potentially affected by the major incident based on
information available to agency officials as of the date on
which the agency provides the update;
``(6) an update to the assessment of the risk to agency
operations, or to impacts on other agency or non-Federal
entity operations, affected by the major incident based on
information available to agency officials as of the date on
which the agency provides the update; and
``(7) the detection, response, and remediation actions of
the agency, including any support provided by the
Cybersecurity and Infrastructure Security Agency under
section 3594(d) and status updates on the notification
process described in section 3592(a), including any delay or
exemption described in subsection (c) or (e), respectively,
of section 3592, if applicable.
``(c) Update Report.--If the agency determines that there
is any significant change in the understanding of the agency
of the scope, scale, or consequence of a major incident for
which an agency submitted a written report under subsection
(a), the agency shall provide an updated report to the
appropriate reporting entities that includes information
relating to the change in understanding.
``(d) Annual Report.--Each agency shall submit as part of
the annual report required under section 3554(c)(1) of this
title a description of each major incident that occurred
during the 1-year period preceding the date on which the
report is submitted.
``(e) Delay and Exemption Report.--
``(1) In general.--The Director shall submit to the
appropriate notification entities an annual report on all
notification delays and exemptions granted pursuant to
subsections (c) and (d) of section 3592.
``(2) Component of other report.--The Director may submit
the report required under paragraph (1) as a component of the
annual report submitted under section 3597(b).
``(f) Report Delivery.--Any written report required to be
submitted under this section may be submitted in a paper or
electronic format.
``(g) Threat Briefing.--
``(1) In general.--Not later than 7 days after the date on
which an agency has a reasonable basis to conclude that a
major incident occurred, the head of the agency, jointly with
the National Cyber Director and any other Federal entity
determined appropriate by the National Cyber Director, shall
provide a briefing to the congressional committees described
in subsection (a)(1) on the threat causing the major
incident.
``(2) Components.--The briefing required under paragraph
(1)--
``(A) shall, to the greatest extent practicable, include an
unclassified component; and
[[Page S8027]]
``(B) may include a classified component.
``(h) Rule of Construction.--Nothing in this section shall
be construed to limit--
``(1) the ability of an agency to provide additional
reports or briefings to Congress; or
``(2) Congress from requesting additional information from
agencies through reports, briefings, or other means.
``Sec. 3594. Government information sharing and incident
response
``(a) In General.--
``(1) Incident reporting.--The head of each agency shall
provide any information relating to any incident, whether the
information is obtained by the Federal Government directly or
indirectly, to the Cybersecurity and Infrastructure Security
Agency and the Office of Management and Budget.
``(2) Contents.--A provision of information relating to an
incident made by the head of an agency under paragraph (1)
shall--
``(A) include detailed information about the safeguards
that were in place when the incident occurred;
``(B) whether the agency implemented the safeguards
described in subparagraph (A) correctly;
``(C) in order to protect against a similar incident,
identify--
``(i) how the safeguards described in subparagraph (A)
should be implemented differently; and
``(ii) additional necessary safeguards; and
``(D) include information to aid in incident response, such
as--
``(i) a description of the affected systems or networks;
``(ii) the estimated dates of when the incident occurred;
and
``(iii) information that could reasonably help identify the
party that conducted the incident.
``(3) Information sharing.--To the greatest extent
practicable, the Director of the Cybersecurity and
Infrastructure Security Agency shall share information
relating to an incident with any agencies that may be
impacted by the incident.
``(4) National security systems.--Each agency operating or
exercising control of a national security system shall share
information about incidents that occur on national security
systems with the Director of the Cybersecurity and
Infrastructure Security Agency to the extent consistent with
standards and guidelines for national security systems issued
in accordance with law and as directed by the President.
``(b) Compliance.--The information provided under
subsection (a) shall take into account the level of
classification of the information and any information sharing
limitations and protections, such as limitations and
protections relating to law enforcement, national security,
privacy, statistical confidentiality, or other factors
determined by the Director
``(c) Incident Response.--Each agency that has a reasonable
basis to conclude that a major incident occurred involving
Federal information in electronic medium or form, as defined
by the Director and not involving a national security system,
regardless of delays from notification granted for a major
incident, shall coordinate with the Cybersecurity and
Infrastructure Security Agency regarding--
``(1) incident response and recovery; and
``(2) recommendations for mitigating future incidents.
``Sec. 3595. Responsibilities of contractors and awardees
``(a) Notification.--
``(1) In general.--Unless otherwise specified in a
contract, grant, cooperative agreement, or an other
transaction agreement, any contractor or awardee of an agency
shall report to the agency within the same amount of time
such agency is required to report an incident to the
Cybersecurity and Infrastructure Security Agency, if the
contractor or awardee has a reasonable basis to conclude
that--
``(A) an incident or breach has occurred with respect to
Federal information collected, used, or maintained by the
contractor or awardee in connection with the contract, grant,
cooperative agreement, or other transaction agreement of the
contractor or awardee;
``(B) an incident or breach has occurred with respect to a
Federal information system used or operated by the contractor
or awardee in connection with the contract, grant,
cooperative agreement, or other transaction agreement of the
contractor or awardee; or
``(C) the contractor or awardee has received information
from the agency that the contractor or awardee is not
authorized to receive in connection with the contract, grant,
cooperative agreement, or other transaction agreement of the
contractor or awardee.
``(2) Procedures.--
``(A) Major incident.--Following a report of a breach or
major incident by a contractor or awardee under paragraph
(1), the agency, in consultation with the contractor or
awardee, shall carry out the requirements under sections
3592, 3593, and 3594 with respect to the major incident.
``(B) Incident.--Following a report of an incident by a
contractor or awardee under paragraph (1), an agency, in
consultation with the contractor or awardee, shall carry out
the requirements under section 3594 with respect to the
incident.
``(b) Effective Date.--This section shall apply on and
after the date that is 1 year after the date of enactment of
the Federal Information Security Modernization Act of 2021.
``Sec. 3596. Training
``(a) Covered Individual Defined.--In this section, the
term `covered individual' means an individual who obtains
access to Federal information or Federal information systems
because of the status of the individual as an employee,
contractor, awardee, volunteer, or intern of an agency.
``(b) Requirement.--The head of each agency shall develop
training for covered individuals on how to identify and
respond to an incident, including--
``(1) the internal process of the agency for reporting an
incident; and
``(2) the obligation of a covered individual to report to
the agency a confirmed major incident and any suspected
incident involving information in any medium or form,
including paper, oral, and electronic.
``(c) Inclusion in Annual Training.--The training developed
under subsection (b) may be included as part of an annual
privacy or security awareness training of an agency.
``Sec. 3597. Analysis and report on Federal incidents
``(a) Analysis of Federal Incidents.--
``(1) Quantitative and qualitative analyses.--The Director
of the Cybersecurity and Infrastructure Security Agency shall
develop, in consultation with the Director and the National
Cyber Director, and perform continuous monitoring and
quantitative and qualitative analyses of incidents at
agencies, including major incidents, including--
``(A) the causes of incidents, including--
``(i) attacker tactics, techniques, and procedures; and
``(ii) system vulnerabilities, including zero days,
unpatched systems, and information system misconfigurations;
``(B) the scope and scale of incidents at agencies;
``(C) cross Federal Government root causes of incidents at
agencies;
``(D) agency incident response, recovery, and remediation
actions and the effectiveness of those actions, as
applicable;
``(E) lessons learned and recommendations in responding to,
recovering from, remediating, and mitigating future
incidents; and
``(F) trends in cross-Federal Government cybersecurity and
incident response capabilities using the metrics established
under section 224(c) of the Cybersecurity Act of 2015 (6
U.S.C. 1522(c)).
``(2) Automated analysis.--The analyses developed under
paragraph (1) shall, to the greatest extent practicable, use
machine readable data, automation, and machine learning
processes.
``(3) Sharing of data and analysis.--
``(A) In general.--The Director shall share on an ongoing
basis the analyses required under this subsection with
agencies and the National Cyber Director to--
``(i) improve the understanding of cybersecurity risk of
agencies; and
``(ii) support the cybersecurity improvement efforts of
agencies.
``(B) Format.--In carrying out subparagraph (A), the
Director shall share the analyses--
``(i) in human-readable written products; and
``(ii) to the greatest extent practicable, in machine-
readable formats in order to enable automated intake and use
by agencies.
``(b) Annual Report on Federal Incidents.--Not later than 2
years after the date of enactment of this section, and not
less frequently than annually thereafter, the Director of the
Cybersecurity and Infrastructure Security Agency, in
consultation with the Director and other Federal agencies as
appropriate, shall submit to the appropriate notification
entities a report that includes--
``(1) a summary of causes of incidents from across the
Federal Government that categorizes those incidents as
incidents or major incidents;
``(2) the quantitative and qualitative analyses of
incidents developed under subsection (a)(1) on an agency-by-
agency basis and comprehensively across the Federal
Government, including--
``(A) a specific analysis of breaches; and
``(B) an analysis of the Federal Government's performance
against the metrics established under section 224(c) of the
Cybersecurity Act of 2015 (6 U.S.C. 1522(c)); and
``(3) an annex for each agency that includes--
``(A) a description of each major incident;
``(B) the total number of compromises of the agency; and
``(C) an analysis of the agency's performance against the
metrics established under section 224(c) of the Cybersecurity
Act of 2015 (6 U.S.C. 1522(c)).
``(c) Publication.--A version of each report submitted
under subsection (b) shall be made publicly available on the
website of the Cybersecurity and Infrastructure Security
Agency during the year in which the report is submitted.
``(d) Information Provided by Agencies.--
``(1) In general.--The analysis required under subsection
(a) and each report submitted under subsection (b) shall use
information provided by agencies under section 3594(a).
``(2) Noncompliance reports.--
``(A) In general.--Subject to subparagraph (B), during any
year during which the head of an agency does not provide data
for an incident to the Cybersecurity and Infrastructure
Security Agency in accordance with section 3594(a), the head
of the agency, in coordination with the Director of the
Cybersecurity and Infrastructure Security Agency
[[Page S8028]]
and the Director, shall submit to the appropriate reporting
entities a report that includes--
``(i) data for the incident; and
``(ii) the information described in subsection (b) with
respect to the agency.
``(B) Exception for national security systems.--The head of
an agency that owns or exercises control of a national
security system shall not include data for an incident that
occurs on a national security system in any report submitted
under subparagraph (A).
``(3) National security system reports.--
``(A) In general.--Annually, the head of an agency that
operates or exercises control of a national security system
shall submit a report that includes the information described
in subsection (b) with respect to the agency to the extent
that the submission is consistent with standards and
guidelines for national security systems issued in accordance
with law and as directed by the President to--
``(i) the majority and minority leaders of the Senate,
``(ii) the Speaker and minority leader of the House of
Representatives;
``(iii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(iv) the Select Committee on Intelligence of the Senate;
``(v) the Committee on Armed Services of the Senate;
``(vi) the Committee on Appropriations of the Senate;
``(vii) the Committee on Oversight and Reform of the House
of Representatives;
``(viii) the Committee on Homeland Security of the House of
Representatives;
``(ix) the Permanent Select Committee on Intelligence of
the House of Representatives;
``(x) the Committee on Armed Services of the House of
Representatives; and
``(xi) the Committee on Appropriations of the House of
Representatives.
``(B) Classified form.--A report required under
subparagraph (A) may be submitted in a classified form.
``(e) Requirement for Compiling Information.--In publishing
the public report required under subsection (c), the Director
of the Cybersecurity and Infrastructure Security Agency shall
sufficiently compile information such that no specific
incident of an agency can be identified, except with the
concurrence of the Director of the Office of Management and
Budget and in consultation with the impacted agency.
``Sec. 3598. Major incident definition
``(a) In General.--Not later than 180 days after the date
of enactment of the Federal Information Security
Modernization Act of 2021, the Director, in coordination with
the Director of the Cybersecurity and Infrastructure Security
Agency and the National Cyber Director, shall develop and
promulgate guidance on the definition of the term `major
incident' for the purposes of subchapter II and this
subchapter.
``(b) Requirements.--With respect to the guidance issued
under subsection (a), the definition of the term `major
incident' shall--
``(1) include, with respect to any information collected or
maintained by or on behalf of an agency or an information
system used or operated by an agency or by a contractor of an
agency or another organization on behalf of an agency--
``(A) any incident the head of the agency determines is
likely to have an impact on--
``(i) the national security, homeland security, or economic
security of the United States; or
``(ii) the civil liberties or public health and safety of
the people of the United States;
``(B) any incident the head of the agency determines likely
to result in an inability for the agency, a component of the
agency, or the Federal Government, to provide 1 or more
critical services;
``(C) any incident that the head of an agency, in
consultation with a senior privacy officer of the agency,
determines is likely to have a significant privacy impact on
1 or more individual;
``(D) any incident that the head of the agency, in
consultation with a senior privacy official of the agency,
determines is likely to have a substantial privacy impact on
a significant number of individuals;
``(E) any incident the head of the agency determines
impacts the operations of a high value asset owned or
operated by the agency;
``(F) any incident involving the exposure of sensitive
agency information to a foreign entity, such as the
communications of the head of the agency, the head of a
component of the agency, or the direct reports of the head of
the agency or the head of a component of the agency; and
``(G) any other type of incident determined appropriate by
the Director;
``(2) stipulate that the National Cyber Director shall
declare a major incident at each agency impacted by an
incident if the Director of the Cybersecurity and
Infrastructure Security Agency determines that an incident--
``(A) occurs at not less than 2 agencies; and
``(B) is enabled by--
``(i) a common technical root cause, such as a supply chain
compromise, a common software or hardware vulnerability; or
``(ii) the related activities of a common threat actor; and
``(3) stipulate that, in determining whether an incident
constitutes a major incident because that incident--
``(A) is any incident described in paragraph (1), the head
of an agency shall consult with the Director of the
Cybersecurity and Infrastructure Security Agency;
``(B) is an incident described in paragraph (1)(A), the
head of the agency shall consult with the National Cyber
Director; and
``(C) is an incident described in subparagraph (C) or (D)
of paragraph (1), the head of the agency shall consult with--
``(i) the Privacy and Civil Liberties Oversight Board; and
``(ii) the Chair of the Federal Trade Commission.
``(c) Significant Number of Individuals.--In determining
what constitutes a significant number of individuals under
subsection (b)(1)(D), the Director--
``(1) may determine a threshold for a minimum number of
individuals that constitutes a significant amount; and
``(2) may not determine a threshold described in paragraph
(1) that exceeds 5,000 individuals.
``(d) Evaluation and Updates.--Not later than 2 years after
the date of enactment of the Federal Information Security
Modernization Act of 2021, and not less frequently than every
2 years thereafter, the Director shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Reform of the
House of Representatives an evaluation, which shall include--
``(1) an update, if necessary, to the guidance issued under
subsection (a);
``(2) the definition of the term `major incident' included
in the guidance issued under subsection (a); and
``(3) an explanation of, and the analysis that led to, the
definition described in paragraph (2).''.
(2) Clerical amendment.--The table of sections for chapter
35 of title 44, United States Code, is amended by adding at
the end the following:
``subchapter iv--federal system incident response
``3591. Definitions.
``3592. Notification of breach.
``3593. Congressional and Executive Branch reports.
``3594. Government information sharing and incident response.
``3595. Responsibilities of contractors and awardees.
``3596. Training.
``3597. Analysis and report on Federal incidents.
``3598. Major incident definition.''.
SEC. 5122. AMENDMENTS TO SUBTITLE III OF TITLE 40.
(a) Information Technology Modernization Centers of
Excellence Program Act.--Section 2(c)(4)(A)(ii) of the
Information Technology Modernization Centers of Excellence
Program Act (40 U.S.C. 11301 note) is amended by striking the
period at the end and inserting ``, which shall be provided
in coordination with the Director of the Cybersecurity and
Infrastructure Security Agency.''.
(b) Modernizing Government Technology.--Subtitle G of title
X of Division A of the National Defense Authorization Act for
Fiscal Year 2018 (40 U.S.C. 11301 note) is amended--
(1) in section 1077(b)--
(A) in paragraph (5)(A), by inserting ``improving the
cybersecurity of systems and'' before ``cost savings
activities''; and
(B) in paragraph (7)--
(i) in the paragraph heading, by striking ``cio'' and
inserting ``CIO'';
(ii) by striking ``In evaluating projects'' and inserting
the following:
``(A) Consideration of guidance.--In evaluating projects'';
(iii) in subparagraph (A), as so designated, by striking
``under section 1094(b)(1)'' and inserting ``by the
Director''; and
(iv) by adding at the end the following:
``(B) Consultation.--In using funds under paragraph (3)(A),
the Chief Information Officer of the covered agency shall
consult with the necessary stakeholders to ensure the project
appropriately addresses cybersecurity risks, including the
Director of the Cybersecurity and Infrastructure Security
Agency, as appropriate.''; and
(2) in section 1078--
(A) by striking subsection (a) and inserting the following:
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term in section 551 of title 5, United States Code.
``(2) High value asset.--The term `high value asset' has
the meaning given the term in section 3552 of title 44,
United States Code.'';
(B) in subsection (b), by adding at the end the following:
``(8) Proposal evaluation.--The Director shall--
``(A) give consideration for the use of amounts in the Fund
to improve the security of high value assets; and
``(B) require that any proposal for the use of amounts in
the Fund includes a cybersecurity plan, including a supply
chain risk management plan, to be reviewed by the member of
the Technology Modernization Board described in subsection
(c)(5)(C).''; and
(C) in subsection (c)--
(i) in paragraph (2)(A)(i), by inserting ``, including a
consideration of the impact on high value assets'' after
``operational risks'';
(ii) in paragraph (5)--
(I) in subparagraph (A), by striking ``and'' at the end;
(II) in subparagraph (B), by striking the period at the end
and inserting ``and''; and
[[Page S8029]]
(III) by adding at the end the following:
``(C) a senior official from the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security, appointed by the Director.''; and
(iii) in paragraph (6)(A), by striking ``shall be--'' and
all that follows through ``4 employees'' and inserting
``shall be 4 employees''.
(c) Subchapter I.--Subchapter I of subtitle III of title
40, United States Code, is amended--
(1) in section 11302--
(A) in subsection (b), by striking ``use, security, and
disposal of'' and inserting ``use, and disposal of, and, in
consultation with the Director of the Cybersecurity and
Infrastructure Security Agency and the National Cyber
Director, promote and improve the security of,'';
(B) in subsection (c)--
(i) in paragraph (3)--
(I) in subparagraph (A)--
(aa) by striking ``including data'' and inserting ``which
shall--
``(i) include data'';
(bb) in clause (i), as so designated, by striking ``, and
performance'' and inserting ``security, and performance;
and''; and
(cc) by adding at the end the following:
``(ii) specifically denote cybersecurity funding under the
risk-based cyber budget model developed pursuant to section
3553(a)(7) of title 44.''; and
(II) in subparagraph (B), adding at the end the following:
``(iii) The Director shall provide to the National Cyber
Director any cybersecurity funding information described in
subparagraph (A)(ii) that is provided to the Director under
clause (ii) of this subparagraph.''; and
(ii) in paragraph (4)(B), in the matter preceding clause
(i), by inserting ``not later than 30 days after the date on
which the review under subparagraph (A) is completed,''
before ``the Administrator'';
(C) in subsection (f)--
(i) by striking ``heads of executive agencies to develop''
and inserting ``heads of executive agencies to--
``(1) develop'';
(ii) in paragraph (1), as so designated, by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(2) consult with the Director of the Cybersecurity and
Infrastructure Security Agency for the development and use of
supply chain security best practices.''; and
(D) in subsection (h), by inserting ``, including
cybersecurity performances,'' after ``the performances''; and
(2) in section 11303(b)--
(A) in paragraph (2)(B)--
(i) in clause (i), by striking ``or'' at the end;
(ii) in clause (ii), by adding ``or'' at the end; and
(iii) by adding at the end the following:
``(iii) whether the function should be performed by a
shared service offered by another executive agency;''; and
(B) in paragraph (5)(B)(i), by inserting ``, while taking
into account the risk-based cyber budget model developed
pursuant to section 3553(a)(7) of title 44'' after ``title
31''.
(d) Subchapter II.--Subchapter II of subtitle III of title
40, United States Code, is amended--
(1) in section 11312(a), by inserting ``, including
security risks'' after ``managing the risks'';
(2) in section 11313(1), by striking ``efficiency and
effectiveness'' and inserting ``efficiency, security, and
effectiveness'';
(3) in section 11315, by adding at the end the following:
``(d) Component Agency Chief Information Officers.--The
Chief Information Officer or an equivalent official of a
component agency shall report to--
``(1) the Chief Information Officer designated under
section 3506(a)(2) of title 44 or an equivalent official of
the agency of which the component agency is a component; and
``(2) the head of the component agency.'';
(4) in section 11317, by inserting ``security,'' before
``or schedule''; and
(5) in section 11319(b)(1), in the paragraph heading, by
striking ``CIOS'' and inserting ``Chief information
officers''.
(e) Subchapter III.--Section 11331 of title 40, United
States Code, is amended--
(1) in subsection (a), by striking ``section 3532(b)(1)''
and inserting ``section 3552(b)'';
(2) in subsection (b)(1)(A)--
(A) by striking ``in consultation'' and inserting ``in
coordination''; and
(B) by striking ``the Secretary of Homeland Security'' and
inserting ``the Director of the Cybersecurity and
Infrastructure Security Agency'';
(3) by striking subsection (c) and inserting the following:
``(c) Application of More Stringent Standards.--
``(1) In general.--The head of an agency shall--
``(A) evaluate, in consultation with the senior agency
information security officers, the need to employ standards
for cost-effective, risk-based information security for all
systems, operations, and assets within or under the
supervision of the agency that are more stringent than the
standards promulgated by the Director under this section, if
such standards contain, at a minimum, the provisions of those
applicable standards made compulsory and binding by the
Director; and
``(B) to the greatest extent practicable and if the head of
the agency determines that the standards described in
subparagraph (A) are necessary, employ those standards.
``(2) Evaluation of more stringent standards.--In
evaluating the need to employ more stringent standards under
paragraph (1), the head of an agency shall consider available
risk information, such as--
``(A) the status of cybersecurity remedial actions of the
agency;
``(B) any vulnerability information relating to agency
systems that is known to the agency;
``(C) incident information of the agency;
``(D) information from--
``(i) penetration testing performed under section 3559A of
title 44; and
``(ii) information from the vulnerability disclosure
program established under section 3559B of title 44;
``(E) agency threat hunting results under section 5145 of
the Federal Information Security Modernization Act of 2021;
``(F) Federal and non-Federal threat intelligence;
``(G) data on compliance with standards issued under this
section;
``(H) agency system risk assessments performed under
section 3554(a)(1)(A) of title 44; and
``(I) any other information determined relevant by the head
of the agency.'';
(4) in subsection (d)(2)--
(A) in the paragraph heading, by striking ``Notice and
comment'' and inserting ``Consultation, notice, and
comment'';
(B) by inserting ``promulgate,'' before ``significantly
modify''; and
(C) by striking ``shall be made after the public is given
an opportunity to comment on the Director's proposed
decision.'' and inserting ``shall be made--
``(A) for a decision to significantly modify or not
promulgate such a proposed standard, after the public is
given an opportunity to comment on the Director's proposed
decision;
``(B) in consultation with the Chief Information Officers
Council, the Director of the Cybersecurity and Infrastructure
Security Agency, the National Cyber Director, the Comptroller
General of the United States, and the Council of the
Inspectors General on Integrity and Efficiency;
``(C) considering the Federal risk assessments performed
under section 3553(i) of title 44; and
``(D) considering the extent to which the proposed standard
reduces risk relative to the cost of implementation of the
standard.''; and
(5) by adding at the end the following:
``(e) Review of Office of Management and Budget Guidance
and Policy.--
``(1) Conduct of review.--
``(A) In general.--Not less frequently than once every 3
years, the Director of the Office of Management and Budget,
in consultation with the Chief Information Officers Council,
the Director of the Cybersecurity and Infrastructure Security
Agency, the National Cyber Director, the Comptroller General
of the United States, and the Council of the Inspectors
General on Integrity and Efficiency shall review the efficacy
of the guidance and policy promulgated by the Director in
reducing cybersecurity risks, including an assessment of the
requirements for agencies to report information to the
Director, and determine whether any changes to that guidance
or policy is appropriate.
``(B) Federal risk assessments.--In conducting the review
described in subparagraph (A), the Director shall consider
the Federal risk assessments performed under section 3553(i)
of title 44.
``(2) Updated guidance.--Not later than 90 days after the
date on which a review is completed under paragraph (1), the
Director of the Office of Management and Budget shall issue
updated guidance or policy to agencies determined appropriate
by the Director, based on the results of the review.
``(3) Public report.--Not later than 30 days after the date
on which a review is completed under paragraph (1), the
Director of the Office of Management and Budget shall make
publicly available a report that includes--
``(A) an overview of the guidance and policy promulgated
under this section that is currently in effect;
``(B) the cybersecurity risk mitigation, or other
cybersecurity benefit, offered by each guidance or policy
document described in subparagraph (A); and
``(C) a summary of the guidance or policy to which changes
were determined appropriate during the review and what the
changes are anticipated to include.
``(4) Congressional briefing.--Not later than 30 days after
the date on which a review is completed under paragraph (1),
the Director shall provide to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of
Representatives a briefing on the review.
``(f) Automated Standard Implementation Verification.--When
the Director of the National Institute of Standards and
Technology issues a proposed standard pursuant to paragraphs
(2) and (3) of section 20(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3(a)), the
Director of the National Institute of Standards and
Technology shall consider developing and, if appropriate and
practical, develop, in consultation with the Director of the
Cybersecurity and Infrastructure Security Agency,
specifications to enable the
[[Page S8030]]
automated verification of the implementation of the controls
within the standard.''.
SEC. 5123. ACTIONS TO ENHANCE FEDERAL INCIDENT RESPONSE.
(a) Responsibilities of the Cybersecurity and
Infrastructure Security Agency.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall--
(A) develop a plan for the development of the analysis
required under section 3597(a) of title 44, United States
Code, as added by this division, and the report required
under subsection (b) of that section that includes--
(i) a description of any challenges the Director
anticipates encountering; and
(ii) the use of automation and machine-readable formats for
collecting, compiling, monitoring, and analyzing data; and
(B) provide to the appropriate congressional committees a
briefing on the plan developed under subparagraph (A).
(2) Briefing.--Not later than 1 year after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall provide to the
appropriate congressional committees a briefing on--
(A) the execution of the plan required under paragraph
(1)(A); and
(B) the development of the report required under section
3597(b) of title 44, United States Code, as added by this
division.
(b) Responsibilities of the Director of the Office of
Management and Budget.--
(1) FISMA.--Section 2 of the Federal Information Security
Modernization Act of 2014 (44 U.S.C. 3554 note) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively.
(2) Incident data sharing.--
(A) In general.--The Director shall develop guidance, to be
updated not less frequently than once every 2 years, on the
content, timeliness, and format of the information provided
by agencies under section 3594(a) of title 44, United States
Code, as added by this division.
(B) Requirements.--The guidance developed under
subparagraph (A) shall--
(i) prioritize the availability of data necessary to
understand and analyze--
(I) the causes of incidents;
(II) the scope and scale of incidents within the
environments and systems of an agency;
(III) a root cause analysis of incidents that--
(aa) are common across the Federal Government; or
(bb) have a Government-wide impact;
(IV) agency response, recovery, and remediation actions and
the effectiveness of those actions; and
(V) the impact of incidents;
(ii) enable the efficient development of--
(I) lessons learned and recommendations in responding to,
recovering from, remediating, and mitigating future
incidents; and
(II) the report on Federal incidents required under section
3597(b) of title 44, United States Code, as added by this
division;
(iii) include requirements for the timeliness of data
production; and
(iv) include requirements for using automation and machine-
readable data for data sharing and availability.
(3) Guidance on responding to information requests.--Not
later than 1 year after the date of enactment of this Act,
the Director shall develop guidance for agencies to implement
the requirement under section 3594(c) of title 44, United
States Code, as added by this division, to provide
information to other agencies experiencing incidents.
(4) Standard guidance and templates.--Not later than 1 year
after the date of enactment of this Act, the Director, in
consultation with the Director of the Cybersecurity and
Infrastructure Security Agency, shall develop guidance and
templates, to be reviewed and, if necessary, updated not less
frequently than once every 2 years, for use by Federal
agencies in the activities required under sections 3592,
3593, and 3596 of title 44, United States Code, as added by
this division.
(5) Contractor and awardee guidance.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Director, in coordination with the
Secretary of Homeland Security, the Secretary of Defense, the
Administrator of General Services, and the heads of other
agencies determined appropriate by the Director, shall issue
guidance to Federal agencies on how to deconflict, to the
greatest extent practicable, existing regulations, policies,
and procedures relating to the responsibilities of
contractors and awardees established under section 3595 of
title 44, United States Code, as added by this division.
(B) Existing processes.--To the greatest extent
practicable, the guidance issued under subparagraph (A) shall
allow contractors and awardees to use existing processes for
notifying Federal agencies of incidents involving information
of the Federal Government.
(6) Updated briefings.--Not less frequently than once every
2 years, the Director shall provide to the appropriate
congressional committees an update on the guidance and
templates developed under paragraphs (2) through (4).
(c) Update to the Privacy Act of 1974.--Section 552a(b) of
title 5, United States Code (commonly known as the ``Privacy
Act of 1974'') is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(13) to another agency in furtherance of a response to an
incident (as defined in section 3552 of title 44) and
pursuant to the information sharing requirements in section
3594 of title 44 if the head of the requesting agency has
made a written request to the agency that maintains the
record specifying the particular portion desired and the
activity for which the record is sought.''.
SEC. 5124. ADDITIONAL GUIDANCE TO AGENCIES ON FISMA UPDATES.
Not later than 1 year after the date of enactment of this
Act, the Director, in coordination with the Director of the
Cybersecurity and Infrastructure Security Agency, shall issue
guidance for agencies on--
(1) performing the ongoing and continuous agency system
risk assessment required under section 3554(a)(1)(A) of title
44, United States Code, as amended by this division;
(2) implementing additional cybersecurity procedures, which
shall include resources for shared services;
(3) establishing a process for providing the status of each
remedial action under section 3554(b)(7) of title 44, United
States Code, as amended by this division, to the Director and
the Cybersecurity and Infrastructure Security Agency using
automation and machine-readable data, as practicable, which
shall include--
(A) specific guidance for the use of automation and
machine-readable data; and
(B) templates for providing the status of the remedial
action;
(4) interpreting the definition of ``high value asset''
under section 3552 of title 44, United States Code, as
amended by this division; and
(5) a requirement to coordinate with inspectors general of
agencies to ensure consistent understanding and application
of agency policies for the purpose of evaluations by
inspectors general.
SEC. 5125. AGENCY REQUIREMENTS TO NOTIFY PRIVATE SECTOR
ENTITIES IMPACTED BY INCIDENTS.
(a) Definitions.--In this section:
(1) Reporting entity.--The term ``reporting entity'' means
private organization or governmental unit that is required by
statute or regulation to submit sensitive information to an
agency.
(2) Sensitive information.--The term ``sensitive
information'' has the meaning given the term by the Director
in guidance issued under subsection (b).
(b) Guidance on Notification of Reporting Entities.--Not
later than 180 days after the date of enactment of this Act,
the Director shall issue guidance requiring the head of each
agency to notify a reporting entity of an incident that is
likely to substantially affect--
(1) the confidentiality or integrity of sensitive
information submitted by the reporting entity to the agency
pursuant to a statutory or regulatory requirement; or
(2) the agency information system or systems used in the
transmission or storage of the sensitive information
described in paragraph (1).
TITLE LII--IMPROVING FEDERAL CYBERSECURITY
SEC. 5141. MOBILE SECURITY STANDARDS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Director shall--
(1) evaluate mobile application security guidance
promulgated by the Director; and
(2) issue guidance to secure mobile devices, including for
mobile applications, for every agency.
(b) Contents.--The guidance issued under subsection (a)(2)
shall include--
(1) a requirement, pursuant to section 3506(b)(4) of title
44, United States Code, for every agency to maintain a
continuous inventory of every--
(A) mobile device operated by or on behalf of the agency;
and
(B) vulnerability identified by the agency associated with
a mobile device; and
(2) a requirement for every agency to perform continuous
evaluation of the vulnerabilities described in paragraph
(1)(B) and other risks associated with the use of
applications on mobile devices.
(c) Information Sharing.--The Director, in coordination
with the Director of the Cybersecurity and Infrastructure
Security Agency, shall issue guidance to agencies for sharing
the inventory of the agency required under subsection (b)(1)
with the Director of the Cybersecurity and Infrastructure
Security Agency, using automation and machine-readable data
to the greatest extent practicable.
(d) Briefing.--Not later than 60 days after the date on
which the Director issues guidance under subsection (a)(2),
the Director, in coordination with the Director of the
Cybersecurity and Infrastructure Security Agency, shall
provide to the appropriate congressional committees a
briefing on the guidance.
SEC. 5142. DATA AND LOGGING RETENTION FOR INCIDENT RESPONSE.
(a) Recommendations.--Not later than 2 years after the date
of enactment of this Act, and not less frequently than every
2 years thereafter, the Director of the Cybersecurity and
Infrastructure Security Agency, in consultation with the
Attorney General,
[[Page S8031]]
shall submit to the Director recommendations on requirements
for logging events on agency systems and retaining other
relevant data within the systems and networks of an agency.
(b) Contents.--The recommendations provided under
subsection (a) shall include--
(1) the types of logs to be maintained;
(2) the time periods to retain the logs and other relevant
data;
(3) the time periods for agencies to enable recommended
logging and security requirements;
(4) how to ensure the confidentiality, integrity, and
availability of logs;
(5) requirements to ensure that, upon request, in a manner
that excludes or otherwise reasonably protects personally
identifiable information, and to the extent permitted by
applicable law (including privacy and statistical laws),
agencies provide logs to--
(A) the Director of the Cybersecurity and Infrastructure
Security Agency for a cybersecurity purpose; and
(B) the Federal Bureau of Investigation to investigate
potential criminal activity; and
(6) requirements to ensure that, subject to compliance with
statistical laws and other relevant data protection
requirements, the highest level security operations center of
each agency has visibility into all agency logs.
(c) Guidance.--Not later than 90 days after receiving the
recommendations submitted under subsection (a), the Director,
in consultation with the Director of the Cybersecurity and
Infrastructure Security Agency and the Attorney General,
shall, as determined to be appropriate by the Director,
update guidance to agencies regarding requirements for
logging, log retention, log management, sharing of log data
with other appropriate agencies, or any other logging
activity determined to be appropriate by the Director.
SEC. 5143. CISA AGENCY ADVISORS.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall assign not less than 1
cybersecurity professional employed by the Cybersecurity and
Infrastructure Security Agency to be the Cybersecurity and
Infrastructure Security Agency advisor to the senior agency
information security officer of each agency.
(b) Qualifications.--Each advisor assigned under subsection
(a) shall have knowledge of--
(1) cybersecurity threats facing agencies, including any
specific threats to the assigned agency;
(2) performing risk assessments of agency systems; and
(3) other Federal cybersecurity initiatives.
(c) Duties.--The duties of each advisor assigned under
subsection (a) shall include--
(1) providing ongoing assistance and advice, as requested,
to the agency Chief Information Officer;
(2) serving as an incident response point of contact
between the assigned agency and the Cybersecurity and
Infrastructure Security Agency; and
(3) familiarizing themselves with agency systems,
processes, and procedures to better facilitate support to the
agency in responding to incidents.
(d) Limitation.--An advisor assigned under subsection (a)
shall not be a contractor.
(e) Multiple Assignments.--One individual advisor may be
assigned to multiple agency Chief Information Officers under
subsection (a).
SEC. 5144. FEDERAL PENETRATION TESTING POLICY.
(a) In General.--Subchapter II of chapter 35 of title 44,
United States Code, is amended by adding at the end the
following:
``Sec. 3559A. Federal penetration testing
``(a) Definitions.--In this section:
``(1) Agency operational plan.--The term `agency
operational plan' means a plan of an agency for the use of
penetration testing.
``(2) Rules of engagement.--The term `rules of engagement'
means a set of rules established by an agency for the use of
penetration testing.
``(b) Guidance.--
``(1) In general.--The Director shall issue guidance that--
``(A) requires agencies to use, when and where appropriate,
penetration testing on agency systems; and
``(B) requires agencies to develop an agency operational
plan and rules of engagement that meet the requirements under
subsection (c).
``(2) Penetration testing guidance.--The guidance issued
under this section shall--
``(A) permit an agency to use, for the purpose of
performing penetration testing--
``(i) a shared service of the agency or another agency; or
``(ii) an external entity, such as a vendor; and
``(B) require agencies to provide the rules of engagement
and results of penetration testing to the Director and the
Director of the Cybersecurity and Infrastructure Security
Agency, without regard to the status of the entity that
performs the penetration testing.
``(c) Agency Plans and Rules of Engagement.--The agency
operational plan and rules of engagement of an agency shall--
``(1) require the agency to--
``(A) perform penetration testing on the high value assets
of the agency; or
``(B) coordinate with the Director of the Cybersecurity and
Infrastructure Security Agency to ensure that penetration
testing is being performed;
``(2) establish guidelines for avoiding, as a result of
penetration testing--
``(A) adverse impacts to the operations of the agency;
``(B) adverse impacts to operational environments and
systems of the agency; and
``(C) inappropriate access to data;
``(3) require the results of penetration testing to include
feedback to improve the cybersecurity of the agency; and
``(4) include mechanisms for providing consistently
formatted, and, if applicable, automated and machine-
readable, data to the Director and the Director of the
Cybersecurity and Infrastructure Security Agency.
``(d) Responsibilities of CISA.--The Director of the
Cybersecurity and Infrastructure Security Agency shall--
``(1) establish a process to assess the performance of
penetration testing by both Federal and non-Federal entities
that establishes minimum quality controls for penetration
testing;
``(2) develop operational guidance for instituting
penetration testing programs at agencies;
``(3) develop and maintain a centralized capability to
offer penetration testing as a service to Federal and non-
Federal entities; and
``(4) provide guidance to agencies on the best use of
penetration testing resources.
``(e) Responsibilities of OMB.--The Director, in
coordination with the Director of the Cybersecurity and
Infrastructure Security Agency, shall--
``(1) not less frequently than annually, inventory all
Federal penetration testing assets; and
``(2) develop and maintain a standardized process for the
use of penetration testing.
``(f) Prioritization of Penetration Testing Resources.--
``(1) In general.--The Director, in coordination with the
Director of the Cybersecurity and Infrastructure Security
Agency, shall develop a framework for prioritizing Federal
penetration testing resources among agencies.
``(2) Considerations.--In developing the framework under
this subsection, the Director shall consider--
``(A) agency system risk assessments performed under
section 3554(a)(1)(A);
``(B) the Federal risk assessment performed under section
3553(i);
``(C) the analysis of Federal incident data performed under
section 3597; and
``(D) any other information determined appropriate by the
Director or the Director of the Cybersecurity and
Infrastructure Security Agency.
``(g) Exception for National Security Systems.--The
guidance issued under subsection (b) shall not apply to
national security systems.
``(h) Delegation of Authority for Certain Systems.--The
authorities of the Director described in subsection (b) shall
be delegated--
``(1) to the Secretary of Defense in the case of systems
described in section 3553(e)(2); and
``(2) to the Director of National Intelligence in the case
of systems described in 3553(e)(3).''.
(b) Deadline for Guidance.--Not later than 180 days after
the date of enactment of this Act, the Director shall issue
the guidance required under section 3559A(b) of title 44,
United States Code, as added by subsection (a).
(c) Clerical Amendment.--The table of sections for chapter
35 of title 44, United States Code, is amended by adding
after the item relating to section 3559 the following:
``3559A. Federal penetration testing.''.
(d) Penetration Testing by the Secretary of Homeland
Security.--Section 3553(b) of title 44, United States Code,
as amended by section 5121, is further amended--
(1) in paragraph (8)(B), by striking ``and'' at the end;
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following:
``(9) performing penetration testing with or without
advance notice to, or authorization from, agencies, to
identify vulnerabilities within Federal information systems;
and''.
SEC. 5145. ONGOING THREAT HUNTING PROGRAM.
(a) Threat Hunting Program.--
(1) In general.--Not later than 540 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall establish a program to
provide ongoing, hypothesis-driven threat-hunting services on
the network of each agency.
(2) Plan.--Not later than 180 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall develop a plan to
establish the program required under paragraph (1) that
describes how the Director of the Cybersecurity and
Infrastructure Security Agency plans to--
(A) determine the method for collecting, storing,
accessing, and analyzing appropriate agency data;
(B) provide on-premises support to agencies;
(C) staff threat hunting services;
(D) allocate available human and financial resources to
implement the plan; and
(E) provide input to the heads of agencies on the use of--
(i) more stringent standards under section 11331(c)(1) of
title 40, United States Code; and
[[Page S8032]]
(ii) additional cybersecurity procedures under section 3554
of title 44, United States Code.
(b) Reports.--The Director of the Cybersecurity and
Infrastructure Security Agency shall submit to the
appropriate congressional committees--
(1) not later than 30 days after the date on which the
Director of the Cybersecurity and Infrastructure Security
Agency completes the plan required under subsection (a)(2), a
report on the plan to provide threat hunting services to
agencies;
(2) not less than 30 days before the date on which the
Director of the Cybersecurity and Infrastructure Security
Agency begins providing threat hunting services under the
program under subsection (a)(1), a report providing any
updates to the plan developed under subsection (a)(2); and
(3) not later than 1 year after the date on which the
Director of the Cybersecurity and Infrastructure Security
Agency begins providing threat hunting services to agencies
other than the Cybersecurity and Infrastructure Security
Agency, a report describing lessons learned from providing
those services.
SEC. 5146. CODIFYING VULNERABILITY DISCLOSURE PROGRAMS.
(a) In General.--Chapter 35 of title 44, United States
Code, is amended by inserting after section 3559A, as added
by section 5144 of this division, the following:
``Sec. 3559B. Federal vulnerability disclosure programs
``(a) Definitions.--In this section:
``(1) Report.--The term `report' means a vulnerability
disclosure made to an agency by a reporter.
``(2) Reporter.--The term `reporter' means an individual
that submits a vulnerability report pursuant to the
vulnerability disclosure process of an agency.
``(b) Responsibilities of OMB.--
``(1) Limitation on legal action.--The Director, in
consultation with the Attorney General, shall issue guidance
to agencies to not recommend or pursue legal action against a
reporter or an individual that conducts a security research
activity that the head of the agency determines--
``(A) represents a good faith effort to follow the
vulnerability disclosure policy of the agency developed under
subsection (d)(2); and
``(B) is authorized under the vulnerability disclosure
policy of the agency developed under subsection (d)(2).
``(2) Sharing information with cisa.--The Director, in
coordination with the Director of the Cybersecurity and
Infrastructure Security Agency and the National Cyber
Director, shall issue guidance to agencies on sharing
relevant information in a consistent, automated, and machine
readable manner with the Cybersecurity and Infrastructure
Security Agency, including--
``(A) any valid or credible reports of newly discovered or
not publicly known vulnerabilities (including
misconfigurations) on Federal information systems that use
commercial software or services;
``(B) information relating to vulnerability disclosure,
coordination, or remediation activities of an agency,
particularly as those activities relate to outside
organizations--
``(i) with which the head of the agency believes the
Director of the Cybersecurity and Infrastructure Security
Agency can assist; or
``(ii) about which the head of the agency believes the
Director of the Cybersecurity and Infrastructure Security
Agency should know; and
``(C) any other information with respect to which the head
of the agency determines helpful or necessary to involve the
Cybersecurity and Infrastructure Security Agency.
``(3) Agency vulnerability disclosure policies.--The
Director shall issue guidance to agencies on the required
minimum scope of agency systems covered by the vulnerability
disclosure policy of an agency required under subsection
(d)(2).
``(c) Responsibilities of CISA.--The Director of the
Cybersecurity and Infrastructure Security Agency shall--
``(1) provide support to agencies with respect to the
implementation of the requirements of this section;
``(2) develop tools, processes, and other mechanisms
determined appropriate to offer agencies capabilities to
implement the requirements of this section; and
``(3) upon a request by an agency, assist the agency in the
disclosure to vendors of newly identified vulnerabilities in
vendor products and services.
``(d) Responsibilities of Agencies.--
``(1) Public information.--The head of each agency shall
make publicly available, with respect to each internet domain
under the control of the agency that is not a national
security system--
``(A) an appropriate security contact; and
``(B) the component of the agency that is responsible for
the internet accessible services offered at the domain.
``(2) Vulnerability disclosure policy.--The head of each
agency shall develop and make publicly available a
vulnerability disclosure policy for the agency, which shall--
``(A) describe--
``(i) the scope of the systems of the agency included in
the vulnerability disclosure policy;
``(ii) the type of information system testing that is
authorized by the agency;
``(iii) the type of information system testing that is not
authorized by the agency; and
``(iv) the disclosure policy of the agency for sensitive
information;
``(B) with respect to a report to an agency, describe--
``(i) how the reporter should submit the report; and
``(ii) if the report is not anonymous, when the reporter
should anticipate an acknowledgment of receipt of the report
by the agency;
``(C) include any other relevant information; and
``(D) be mature in scope, to cover all Federal information
systems used or operated by that agency or on behalf of that
agency.
``(3) Identified vulnerabilities.--The head of each agency
shall incorporate any vulnerabilities reported under
paragraph (2) into the vulnerability management process of
the agency in order to track and remediate the vulnerability.
``(e) Paperwork Reduction Act Exemption.--The requirements
of subchapter I (commonly known as the `Paperwork Reduction
Act') shall not apply to a vulnerability disclosure program
established under this section.
``(f) Congressional Reporting.--Not later than 90 days
after the date of enactment of the Federal Information
Security Modernization Act of 2021, and annually thereafter
for a 3-year period, the Director shall provide to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Reform of the
House of Representatives a briefing on the status of the use
of vulnerability disclosure policies under this section at
agencies, including, with respect to the guidance issued
under subsection (b)(3), an identification of the agencies
that are compliant and not compliant.
``(g) Exemptions.--The authorities and functions of the
Director and Director of the Cybersecurity and Infrastructure
Security Agency under this section shall not apply to
national security systems.
``(h) Delegation of Authority for Certain Systems.--The
authorities of the Director and the Director of the
Cybersecurity and Infrastructure Security Agency described in
this section shall be delegated--
``(1) to the Secretary of Defense in the case of systems
described in section 3553(e)(2); and
``(2) to the Director of National Intelligence in the case
of systems described in section 3553(e)(3).''.
(b) Clerical Amendment.--The table of sections for chapter
35 of title 44, United States Code, is amended by adding
after the item relating to section 3559A, as added by section
204, the following:
``3559B. Federal vulnerability disclosure programs.''.
SEC. 5147. IMPLEMENTING PRESUMPTION OF COMPROMISE AND LEAST
PRIVILEGE PRINCIPLES.
(a) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Director shall provide an update
to the appropriate congressional committees on progress in
increasing the internal defenses of agency systems,
including--
(1) shifting away from ``trusted networks'' to implement
security controls based on a presumption of compromise;
(2) implementing principles of least privilege in
administering information security programs;
(3) limiting the ability of entities that cause incidents
to move laterally through or between agency systems;
(4) identifying incidents quickly;
(5) isolating and removing unauthorized entities from
agency systems quickly;
(6) otherwise increasing the resource costs for entities
that cause incidents to be successful; and
(7) a summary of the agency progress reports required under
subsection (b).
(b) Agency Progress Reports.--Not later than 1 year after
the date of enactment of this Act, the head of each agency
shall submit to the Director a progress report on
implementing an information security program based on the
presumption of compromise and least privilege principles,
which shall include--
(1) a description of any steps the agency has completed,
including progress toward achieving requirements issued by
the Director;
(2) an identification of activities that have not yet been
completed and that would have the most immediate security
impact; and
(3) a schedule to implement any planned activities.
SEC. 5148. AUTOMATION REPORTS.
(a) OMB Report.--Not later than 180 days after the date of
enactment of this Act, the Director shall submit to the
appropriate congressional committees a report on the use of
automation under paragraphs (1), (5)(C) and (8)(B) of section
3554(b) of title 44, United States Code.
(b) GAO Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall perform a study on the use of automation and
machine readable data across the Federal Government for
cybersecurity purposes, including the automated updating of
cybersecurity tools, sensors, or processes by agencies.
SEC. 5149. EXTENSION OF FEDERAL ACQUISITION SECURITY COUNCIL.
Section 1328 of title 41, United States Code, is amended by
striking ``the date that'' and all that follows and inserting
``December 31, 2026.''.
[[Page S8033]]
SEC. 5150. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY DASHBOARD.
(a) Dashboard Required.--Section 11(e)(2) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) that shall include a dashboard of open information
security recommendations identified in the independent
evaluations required by section 3555(a) of title 44, United
States Code; and''.
SEC. 5151. QUANTITATIVE CYBERSECURITY METRICS.
(a) Definition of Covered Metrics.--In this section, the
term ``covered metrics'' means the metrics established,
reviewed, and updated under section 224(c) of the
Cybersecurity Act of 2015 (6 U.S.C. 1522(c)).
(b) Updating and Establishing Metrics.--Not later than 1
year after the date of enactment of this Act, the Director of
the Cybersecurity and Infrastructure Security Agency, in
coordination with the Director, shall--
(1) evaluate any covered metrics established as of the date
of enactment of this Act; and
(2) as appropriate and pursuant to section 224(c) of the
Cybersecurity Act of 2015 (6 U.S.C. 1522(c))--
(A) update the covered metrics; and
(B) establish new covered metrics.
(c) Implementation.--
(1) In general.--Not later than 540 days after the date of
enactment of this Act, the Director, in coordination with the
Director of the Cybersecurity and Infrastructure Security
Agency, shall promulgate guidance that requires each agency
to use covered metrics to track trends in the cybersecurity
and incident response capabilities of the agency.
(2) Performance demonstration.--The guidance issued under
paragraph (1) and any subsequent guidance shall require
agencies to share with the Director of the Cybersecurity and
Infrastructure Security Agency data demonstrating the
performance of the agency using the covered metrics included
in the guidance.
(3) Penetration tests.--On not less than 2 occasions during
the 2-year period following the date on which guidance is
promulgated under paragraph (1), the Director shall ensure
that not less than 3 agencies are subjected to substantially
similar penetration tests, as determined by the Director, in
coordination with the Director of the Cybersecurity and
Infrastructure Security Agency, in order to validate the
utility of the covered metrics.
(4) Analysis capacity.--The Director of the Cybersecurity
and Infrastructure Security Agency shall develop a capability
that allows for the analysis of the covered metrics,
including cross-agency performance of agency cybersecurity
and incident response capability trends.
(d) Congressional Reports.--
(1) Utility of metrics.--Not later than 1 year after the
date of enactment of this Act, the Director of the
Cybersecurity and Infrastructure Security Agency shall submit
to the appropriate congressional committees a report on the
utility of the covered metrics.
(2) Use of metrics.--Not later than 180 days after the date
on which the Director promulgates guidance under subsection
(c)(1), the Director shall submit to the appropriate
congressional committees a report on the results of the use
of the covered metrics by agencies.
(e) Cybersecurity Act of 2015 Updates.--Section 224 of the
Cybersecurity Act of 2015 (6 U.S.C. 1522) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Improved Metrics.--
``(1) In general.--The Director of the Cybersecurity and
Infrastructure Security Agency, in coordination with the
Director, shall establish, review, and update metrics to
measure the cybersecurity and incident response capabilities
of agencies in accordance with the responsibilities of
agencies under section 3554 of title 44, United States Code.
``(2) Qualities.--With respect to the metrics established,
reviewed, and updated under paragraph (1)--
``(A) not less than 2 of the metrics shall be time-based,
such as a metric of--
``(i) the amount of time it takes for an agency to detect
an incident; and
``(ii) the amount of time that passes between--
``(I) the detection of an incident and the remediation of
the incident; and
``(II) the remediation of an incident and the recovery from
the incident; and
``(B) the metrics may include other measurable outcomes.'';
(2) by striking subsection (e); and
(3) by redesignating subsection (f) as subsection (e).
TITLE LIII--RISK-BASED BUDGET MODEL
SEC. 5161. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate;
and
(B) the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives.
(2) Covered agency.--The term ``covered agency'' has the
meaning given the term ``executive agency'' in section 133 of
title 41, United States Code.
(3) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(4) Information technology.--The term ``information
technology''--
(A) has the meaning given the term in section 11101 of
title 40, United States Code; and
(B) includes the hardware and software systems of a Federal
agency that monitor and control physical equipment and
processes of the Federal agency.
(5) Risk-based budget.--The term ``risk-based budget''
means a budget--
(A) developed by identifying and prioritizing cybersecurity
risks and vulnerabilities, including impact on agency
operations in the case of a cyber attack, through analysis of
threat intelligence, incident data, and tactics, techniques,
procedures, and capabilities of cyber threats; and
(B) that allocates resources based on the risks identified
and prioritized under subparagraph (A).
SEC. 5162. ESTABLISHMENT OF RISK-BASED BUDGET MODEL.
(a) In General.--
(1) Model.--Not later than 1 year after the first
publication of the budget submitted by the President under
section 1105 of title 31, United States Code, following the
date of enactment of this Act, the Director, in consultation
with the Director of the Cybersecurity and Infrastructure
Security Agency and the National Cyber Director and in
coordination with the Director of the National Institute of
Standards and Technology, shall develop a standard model for
creating a risk-based budget for cybersecurity spending.
(2) Responsibility of director.--Section 3553(a) of title
44, United States Code, as amended by section 5121 of this
division, is further amended by inserting after paragraph (6)
the following:
``(7) developing a standard risk-based budget model to
inform Federal agency cybersecurity budget development;
and''.
(3) Contents of model.--The model required to be developed
under paragraph (1) shall--
(A) consider Federal and non-Federal cyber threat
intelligence products, where available, to identify threats,
vulnerabilities, and risks;
(B) consider the impact of agency operations of compromise
of systems, including the interconnectivity to other agency
systems and the operations of other agencies;
(C) indicate where resources should be allocated to have
the greatest impact on mitigating current and future threats
and current and future cybersecurity capabilities;
(D) be used to inform acquisition and sustainment of--
(i) information technology and cybersecurity tools;
(ii) information technology and cybersecurity
architectures;
(iii) information technology and cybersecurity personnel;
and
(iv) cybersecurity and information technology concepts of
operations; and
(E) be used to evaluate and inform Government-wide
cybersecurity programs of the Department of Homeland
Security.
(4) Required updates.--Not less frequently than once every
3 years, the Director shall review, and update as necessary,
the model required to be developed under this subsection.
(5) Publication.--The Director shall publish the model
required to be developed under this subsection, and any
updates necessary under paragraph (4), on the public website
of the Office of Management and Budget.
(6) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for each of
the 2 following fiscal years or until the date on which the
model required to be developed under this subsection is
completed, whichever is sooner, the Director shall submit a
report to Congress on the development of the model.
(b) Required Use of Risk-based Budget Model.--
(1) In general.--Not later than 2 years after the date on
which the model developed under subsection (a) is published,
the head of each covered agency shall use the model to
develop the annual cybersecurity and information technology
budget requests of the agency.
(2) Agency performance plans.--Section 3554(d)(2) of title
44, United States Code, is amended by inserting ``and the
risk-based budget model required under section 3553(a)(7)''
after ``paragraph (1)''.
(c) Verification.--
(1) In general.--Section 1105(a)(35)(A)(i) of title 31,
United States Code, is amended--
(A) in the matter preceding subclause (I), by striking ``by
agency, and by initiative area (as determined by the
administration)'' and inserting ``and by agency'';
(B) in subclause (III), by striking ``and'' at the end; and
(C) by adding at the end the following:
``(V) a validation that the budgets submitted were
developed using a risk-based methodology; and
``(VI) a report on the progress of each agency on closing
recommendations identified under the independent evaluation
required by section 3555(a)(1) of title 44.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on
[[Page S8034]]
the date that is 2 years after the date on which the model
developed under subsection (a) is published.
(d) Reports.--
(1) Independent evaluation.--Section 3555(a)(2) of title
44, United States Code, is amended--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) an assessment of how the agency implemented the risk-
based budget model required under section 3553(a)(7) and an
evaluation of whether the model mitigates agency cyber
vulnerabilities.''.
(2) Assessment.--Section 3553(c) of title 44, United States
Code, as amended by section 5121, is further amended by
inserting after paragraph (5) the following:
``(6) an assessment of--
``(A) Federal agency implementation of the model required
under subsection (a)(7);
``(B) how cyber vulnerabilities of Federal agencies changed
from the previous year; and
``(C) whether the model mitigates the cyber vulnerabilities
of the Federal Government.''.
(e) GAO Report.--Not later than 3 years after the date on
which the first budget of the President is submitted to
Congress containing the validation required under section
1105(a)(35)(A)(i)(V) of title 31, United States Code, as
amended by subsection (c), the Comptroller General of the
United States shall submit to the appropriate congressional
committees a report that includes--
(1) an evaluation of the success of covered agencies in
developing risk-based budgets;
(2) an evaluation of the success of covered agencies in
implementing risk-based budgets;
(3) an evaluation of whether the risk-based budgets
developed by covered agencies mitigate cyber vulnerability,
including the extent to which the risk-based budgets inform
Federal Government-wide cybersecurity programs; and
(4) any other information relating to risk-based budgets
the Comptroller General determines appropriate.
TITLE LIV--PILOT PROGRAMS TO ENHANCE FEDERAL CYBERSECURITY
SEC. 5181. ACTIVE CYBER DEFENSIVE STUDY.
(a) Definition.--In this section, the term ``active defense
technique''--
(1) means an action taken on the systems of an entity to
increase the security of information on the network of an
agency by misleading an adversary; and
(2) includes a honeypot, deception, or purposefully feeding
false or misleading data to an adversary when the adversary
is on the systems of the entity.
(b) Study.--Not later than 180 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency, in coordination with the
Director, shall perform a study on the use of active defense
techniques to enhance the security of agencies, which shall
include--
(1) a review of legal restrictions on the use of different
active cyber defense techniques in Federal environments, in
consultation with the Department of Justice;
(2) an evaluation of--
(A) the efficacy of a selection of active defense
techniques determined by the Director of the Cybersecurity
and Infrastructure Security Agency; and
(B) factors that impact the efficacy of the active defense
techniques evaluated under subparagraph (A);
(3) recommendations on safeguards and procedures that shall
be established to require that active defense techniques are
adequately coordinated to ensure that active defense
techniques do not impede threat response efforts, criminal
investigations, and national security activities, including
intelligence collection; and
(4) the development of a framework for the use of different
active defense techniques by agencies.
SEC. 5182. SECURITY OPERATIONS CENTER AS A SERVICE PILOT.
(a) Purpose.--The purpose of this section is for the
Cybersecurity and Infrastructure Security Agency to run a
security operation center on behalf of another agency,
alleviating the need to duplicate this function at every
agency, and empowering a greater centralized cybersecurity
capability.
(b) Plan.--Not later than 1 year after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall develop a plan to
establish a centralized Federal security operations center
shared service offering within the Cybersecurity and
Infrastructure Security Agency.
(c) Contents.--The plan required under subsection (b) shall
include considerations for--
(1) collecting, organizing, and analyzing agency
information system data in real time;
(2) staffing and resources; and
(3) appropriate interagency agreements, concepts of
operations, and governance plans.
(d) Pilot Program.--
(1) In general.--Not later than 180 days after the date on
which the plan required under subsection (b) is developed,
the Director of the Cybersecurity and Infrastructure Security
Agency, in consultation with the Director, shall enter into a
1-year agreement with not less than 2 agencies to offer a
security operations center as a shared service.
(2) Additional agreements.--After the date on which the
briefing required under subsection (e)(1) is provided, the
Director of the Cybersecurity and Infrastructure Security
Agency, in consultation with the Director, may enter into
additional 1-year agreements described in paragraph (1) with
agencies.
(e) Briefing and Report.--
(1) Briefing.--Not later than 260 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall provide to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security and the Committee on
Oversight and Reform of the House of Representatives a
briefing on the parameters of any 1-year agreements entered
into under subsection (d)(1).
(2) Report.--Not later than 90 days after the date on which
the first 1-year agreement entered into under subsection (d)
expires, the Director of the Cybersecurity and Infrastructure
Security Agency shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security and the Committee on Oversight
and Reform of the House of Representatives a report on--
(A) the agreement; and
(B) any additional agreements entered into with agencies
under subsection (d).
DIVISION F--CYBER INCIDENT REPORTING ACT OF 2021 AND CISA TECHNICAL
CORRECTIONS AND IMPROVEMENTS ACT OF 2021
TITLE LXI--CYBER INCIDENT REPORTING ACT OF 2021
SEC. 6101. SHORT TITLE.
This title may be cited as the ``Cyber Incident Reporting
Act of 2021''.
SEC. 6102. DEFINITIONS.
In this title:
(1) Covered cyber incident; covered entity; cyber
incident.--The terms ``covered cyber incident'', ``covered
entity'', and ``cyber incident'' have the meanings given
those terms in section 2230 of the Homeland Security Act of
2002, as added by section 6103 of this title.
(2) Ransom payment; ransomware attack.--The terms ``ransom
payment'' and ``ransomware attack'' have the meanings given
those terms in section 2200 of the Homeland Security Act of
2002 (6 U.S.C. 651), as added by section 6203 of this
division.
(3) Director.--The term ``Director'' means the Director of
the Cybersecurity and Infrastructure Security Agency.
(4) Information system; security vulnerability.--The terms
``information system'' and ``security vulnerability'' have
the meanings given those terms in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501).
SEC. 6103. CYBER INCIDENT REPORTING.
(a) Cyber Incident Reporting.--Title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
(1) in section 2209(b) (6 U.S.C. 659(b)), as so
redesignated by section 6203(b) of this division--
(A) in paragraph (11), by striking ``and'' at the end;
(B) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(13) receiving, aggregating, and analyzing reports
related to covered cyber incidents (as defined in section
2230) submitted by covered entities (as defined in section
2230) and reports related to ransom payments submitted by
entities in furtherance of the activities specified in
sections 2202(e), 2203, and 2231, this subsection, and any
other authorized activity of the Director, to enhance the
situational awareness of cybersecurity threats across
critical infrastructure sectors.''; and
(2) by adding at the end the following:
``Subtitle C--Cyber Incident Reporting
``SEC. 2230. DEFINITIONS.
``In this subtitle:
``(1) Center.--The term `Center' means the center
established under section 2209.
``(2) Council.--The term `Council' means the Cyber Incident
Reporting Council described in section 1752(c)(1)(H) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (6 U.S.C. 1500(c)(1)(H)).
``(3) Covered cyber incident.--The term `covered cyber
incident' means a substantial cyber incident experienced by a
covered entity that satisfies the definition and criteria
established by the Director in the final rule issued pursuant
to section 2232(b).
``(4) Covered entity.--The term `covered entity' means--
``(A) any Federal contractor; or
``(B) an entity that owns or operates critical
infrastructure that satisfies the definition established by
the Director in the final rule issued pursuant to section
2232(b).
``(5) Cyber incident.--The term `cyber incident' has the
meaning given the term `incident' in section 2200.
``(6) Cyber threat.--The term `cyber threat'--
``(A) has the meaning given the term `cybersecurity threat'
in section 2200; and
``(B) does not include any activity related to good faith
security research, including participation in a bug-bounty
program or a vulnerability disclosure program.
``(7) Federal contractor.--The term `Federal contractor'
means a business, nonprofit organization, or other private
sector entity that holds a Federal Government contract,
unless that contractor is a party only to--
[[Page S8035]]
``(A) a service contract to provide housekeeping or
custodial services; or
``(B) a contract to provide products or services unrelated
to information technology that is below the micro-purchase
threshold, as defined in section 2.101 of title 48, Code of
Federal Regulations, or any successor regulation.
``(8) Federal entity; information system; security
control.--The terms `Federal entity', `information system',
and `security control' have the meanings given those terms in
section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).
``(9) Significant cyber incident.--The term `significant
cyber incident' means a cybersecurity incident, or a group of
related cybersecurity incidents, that the Secretary
determines is likely to result in demonstrable harm to the
national security interests, foreign relations, or economy of
the United States or to the public confidence, civil
liberties, or public health and safety of the people of the
United States.
``(10) Small organization.--The term `small organization'--
``(A) means--
``(i) a small business concern, as defined in section 3 of
the Small Business Act (15 U.S.C. 632); or
``(ii) any nonprofit organization, including faith-based
organizations and houses of worship, or other private sector
entity with fewer than 200 employees (determined on a full-
time equivalent basis); and
``(B) does not include--
``(i) a business, nonprofit organization, or other private
sector entity that is a covered entity; or
``(ii) a Federal contractor.
``SEC. 2231. CYBER INCIDENT REVIEW.
``(a) Activities.--The Center shall--
``(1) receive, aggregate, analyze, and secure, using
processes consistent with the processes developed pursuant to
the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501 et seq.) reports from covered entities related to a
covered cyber incident to assess the effectiveness of
security controls, identify tactics, techniques, and
procedures adversaries use to overcome those controls and
other cybersecurity purposes, including to support law
enforcement investigations, to assess potential impact of
incidents on public health and safety, and to have a more
accurate picture of the cyber threat to critical
infrastructure and the people of the United States;
``(2) receive, aggregate, analyze, and secure reports to
lead the identification of tactics, techniques, and
procedures used to perpetuate cyber incidents and ransomware
attacks;
``(3) coordinate and share information with appropriate
Federal departments and agencies to identify and track ransom
payments, including those utilizing virtual currencies;
``(4) leverage information gathered about cybersecurity
incidents to--
``(A) enhance the quality and effectiveness of information
sharing and coordination efforts with appropriate entities,
including agencies, sector coordinating councils, information
sharing and analysis organizations, technology providers,
critical infrastructure owners and operators, cybersecurity
and incident response firms, and security researchers; and
``(B) provide appropriate entities, including agencies,
sector coordinating councils, information sharing and
analysis organizations, technology providers, cybersecurity
and incident response firms, and security researchers, with
timely, actionable, and anonymized reports of cyber incident
campaigns and trends, including, to the maximum extent
practicable, related contextual information, cyber threat
indicators, and defensive measures, pursuant to section 2235;
``(5) establish mechanisms to receive feedback from
stakeholders on how the Agency can most effectively receive
covered cyber incident reports, ransom payment reports, and
other voluntarily provided information;
``(6) facilitate the timely sharing, on a voluntary basis,
between relevant critical infrastructure owners and operators
of information relating to covered cyber incidents and ransom
payments, particularly with respect to ongoing cyber threats
or security vulnerabilities and identify and disseminate ways
to prevent or mitigate similar incidents in the future;
``(7) for a covered cyber incident, including a ransomware
attack, that also satisfies the definition of a significant
cyber incident, or is part of a group of related cyber
incidents that together satisfy such definition, conduct a
review of the details surrounding the covered cyber incident
or group of those incidents and identify and disseminate ways
to prevent or mitigate similar incidents in the future;
``(8) with respect to covered cyber incident reports under
subsection (b) involving an ongoing cyber threat or security
vulnerability, immediately review those reports for cyber
threat indicators that can be anonymized and disseminated,
with defensive measures, to appropriate stakeholders, in
coordination with other divisions within the Agency, as
appropriate;
``(9) publish quarterly unclassified, public reports that
may be based on the unclassified information contained in the
reports required under subsection (b);
``(10) proactively identify opportunities and perform
analyses, consistent with the protections in section 2235, to
leverage and utilize data on ransomware attacks to support
law enforcement operations to identify, track, and seize
ransom payments utilizing virtual currencies, to the greatest
extent practicable;
``(11) proactively identify opportunities, consistent with
the protections in section 2235, to leverage and utilize data
on cyber incidents in a manner that enables and strengthens
cybersecurity research carried out by academic institutions
and other private sector organizations, to the greatest
extent practicable;
``(12) on a not less frequently than annual basis, analyze
public disclosures made pursuant to parts 229 and 249 of
title 17, Code of Federal Regulations, or any subsequent
document submitted to the Securities and Exchange Commission
by entities experiencing cyber incidents and compare such
disclosures to reports received by the Center; and
``(13) in accordance with section 2235 and subsection (b)
of this section, as soon as possible but not later than 24
hours after receiving a covered cyber incident report, ransom
payment report, voluntarily submitted information pursuant to
section 2233, or information received pursuant to a request
for information or subpoena under section 2234, make
available the information to appropriate Sector Risk
Management Agencies and other appropriate Federal agencies.
``(b) Interagency Sharing.--The Director of the Office of
Management and Budget, in consultation with the Director and
the National Cyber Director--
``(1) may establish a specific time requirement for sharing
information under subsection (a)(13); and
``(2) shall determine the appropriate Federal agencies
under subsection (a)(13).
``(c) Periodic Briefing.--Not later than 60 days after the
effective date of the final rule required under section
2232(b), and on the first day of each month thereafter, the
Director, in consultation with the National Cyber Director,
the Attorney General, and the Director of National
Intelligence, shall provide to the majority leader of the
Senate, the minority leader of the Senate, the Speaker of the
House of Representatives, the minority leader of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives a briefing
that characterizes the national cyber threat landscape,
including the threat facing Federal agencies and covered
entities, and applicable intelligence and law enforcement
information, covered cyber incidents, and ransomware attacks,
as of the date of the briefing, which shall--
``(1) include the total number of reports submitted under
sections 2232 and 2233 during the preceding month, including
a breakdown of required and voluntary reports;
``(2) include any identified trends in covered cyber
incidents and ransomware attacks over the course of the
preceding month and as compared to previous reports,
including any trends related to the information collected in
the reports submitted under sections 2232 and 2233,
including--
``(A) the infrastructure, tactics, and techniques malicious
cyber actors commonly use; and
``(B) intelligence gaps that have impeded, or currently are
impeding, the ability to counter covered cyber incidents and
ransomware threats;
``(3) include a summary of the known uses of the
information in reports submitted under sections 2232 and
2233; and
``(4) be unclassified, but may include a classified annex.
``SEC. 2232. REQUIRED REPORTING OF CERTAIN CYBER INCIDENTS.
``(a) In General.--
``(1) Covered cyber incident reports.--A covered entity
that is a victim of a covered cyber incident shall report the
covered cyber incident to the Director not later than 72
hours after the covered entity reasonably believes that the
covered cyber incident has occurred.
``(2) Ransom payment reports.--An entity, including a
covered entity and except for an individual or a small
organization, that makes a ransom payment as the result of a
ransomware attack against the entity shall report the payment
to the Director not later than 24 hours after the ransom
payment has been made.
``(3) Supplemental reports.--A covered entity shall
promptly submit to the Director an update or supplement to a
previously submitted covered cyber incident report if new or
different information becomes available or if the covered
entity makes a ransom payment after submitting a covered
cyber incident report required under paragraph (1).
``(4) Preservation of information.--Any entity subject to
requirements of paragraph (1), (2), or (3) shall preserve
data relevant to the covered cyber incident or ransom payment
in accordance with procedures established in the final rule
issued pursuant to subsection (b).
``(5) Exceptions.--
``(A) Reporting of covered cyber incident with ransom
payment.--If a covered cyber incident includes a ransom
payment such that the reporting requirements under paragraphs
(1) and (2) apply, the covered entity may submit a single
report to satisfy the requirements of both paragraphs in
accordance with procedures established in the final rule
issued pursuant to subsection (b).
``(B) Substantially similar reported information.--The
requirements under paragraphs (1), (2), and (3) shall not
apply to an
[[Page S8036]]
entity required by law, regulation, or contract to report
substantially similar information to another Federal agency
within a substantially similar timeframe.
``(C) Domain name system.--The requirements under
paragraphs (1), (2) and (3) shall not apply to an entity or
the functions of an entity that the Director determines
constitute critical infrastructure owned, operated, or
governed by multi-stakeholder organizations that develop,
implement, and enforce policies concerning the Domain Name
System, such as the Internet Corporation for Assigned Names
and Numbers or the Internet Assigned Numbers Authority.
``(6) Manner, timing, and form of reports.--Reports made
under paragraphs (1), (2), and (3) shall be made in the
manner and form, and within the time period in the case of
reports made under paragraph (3), prescribed in the final
rule issued pursuant to subsection (b).
``(7) Effective date.--Paragraphs (1) through (4) shall
take effect on the dates prescribed in the final rule issued
pursuant to subsection (b).
``(b) Rulemaking.--
``(1) Notice of proposed rulemaking.--Not later than 2
years after the date of enactment of this section, the
Director, in consultation with Sector Risk Management
Agencies and the heads of other Federal agencies, shall
publish in the Federal Register a notice of proposed
rulemaking to implement subsection (a).
``(2) Final rule.--Not later than 18 months after
publication of the notice of proposed rulemaking under
paragraph (1), the Director shall issue a final rule to
implement subsection (a).
``(3) Subsequent rulemakings.--
``(A) In general.--The Director may issue regulations to
implement subsection (a) after issuance of the final rule
under paragraph (2), including a rule to amend or revise the
final rule.
``(B) Procedures.--Any subsequent rules issued under
subparagraph (A) shall comply with the requirements under
chapter 5 of title 5, United States Code, including the
issuance of a notice of proposed rulemaking under section 553
of such title.
``(c) Elements.--The final rule issued pursuant to
subsection (b) shall be composed of the following elements:
``(1) A clear description of the types of entities that
constitute covered entities, based on--
``(A) the consequences that disruption to or compromise of
such an entity could cause to national security, economic
security, or public health and safety;
``(B) the likelihood that such an entity may be targeted by
a malicious cyber actor, including a foreign country; and
``(C) the extent to which damage, disruption, or
unauthorized access to such an entity, including the
accessing of sensitive cybersecurity vulnerability
information or penetration testing tools or techniques, will
likely enable the disruption of the reliable operation of
critical infrastructure.
``(2) A clear description of the types of substantial cyber
incidents that constitute covered cyber incidents, which
shall--
``(A) at a minimum, require the occurrence of--
``(i) the unauthorized access to an information system or
network with a substantial loss of confidentiality,
integrity, or availability of such information system or
network, or a serious impact on the safety and resiliency of
operational systems and processes;
``(ii) a disruption of business or industrial operations
due to a cyber incident; or
``(iii) an occurrence described in clause (i) or (ii) due
to loss of service facilitated through, or caused by, a
compromise of a cloud service provider, managed service
provider, or other third-party data hosting provider or by a
supply chain compromise;
``(B) consider--
``(i) the sophistication or novelty of the tactics used to
perpetrate such an incident, as well as the type, volume, and
sensitivity of the data at issue;
``(ii) the number of individuals directly or indirectly
affected or potentially affected by such an incident; and
``(iii) potential impacts on industrial control systems,
such as supervisory control and data acquisition systems,
distributed control systems, and programmable logic
controllers; and
``(C) exclude--
``(i) any event where the cyber incident is perpetuated by
a United States Government entity, good faith security
research, or in response to an invitation by the owner or
operator of the information system for third parties to find
vulnerabilities in the information system, such as through a
vulnerability disclosure program or the use of authorized
penetration testing services; and
``(ii) the threat of disruption as extortion, as described
in section 2201(9)(A).
``(3) A requirement that, if a covered cyber incident or a
ransom payment occurs following an exempted threat described
in paragraph (2)(C)(ii), the entity shall comply with the
requirements in this subtitle in reporting the covered cyber
incident or ransom payment.
``(4) A clear description of the specific required contents
of a report pursuant to subsection (a)(1), which shall
include the following information, to the extent applicable
and available, with respect to a covered cyber incident:
``(A) A description of the covered cyber incident,
including--
``(i) identification and a description of the function of
the affected information systems, networks, or devices that
were, or are reasonably believed to have been, affected by
such incident;
``(ii) a description of the unauthorized access with
substantial loss of confidentiality, integrity, or
availability of the affected information system or network or
disruption of business or industrial operations;
``(iii) the estimated date range of such incident; and
``(iv) the impact to the operations of the covered entity.
``(B) Where applicable, a description of the
vulnerabilities, tactics, techniques, and procedures used to
perpetuate the covered cyber incident.
``(C) Where applicable, any identifying or contact
information related to each actor reasonably believed to be
responsible for such incident.
``(D) Where applicable, identification of the category or
categories of information that were, or are reasonably
believed to have been, accessed or acquired by an
unauthorized person.
``(E) The name and other information that clearly
identifies the entity impacted by the covered cyber incident.
``(F) Contact information, such as telephone number or
electronic mail address, that the Center may use to contact
the covered entity or an authorized agent of such covered
entity, or, where applicable, the service provider of such
covered entity acting with the express permission of, and at
the direction of, the covered entity to assist with
compliance with the requirements of this subtitle.
``(5) A clear description of the specific required contents
of a report pursuant to subsection (a)(2), which shall be the
following information, to the extent applicable and
available, with respect to a ransom payment:
``(A) A description of the ransomware attack, including the
estimated date range of the attack.
``(B) Where applicable, a description of the
vulnerabilities, tactics, techniques, and procedures used to
perpetuate the ransomware attack.
``(C) Where applicable, any identifying or contact
information related to the actor or actors reasonably
believed to be responsible for the ransomware attack.
``(D) The name and other information that clearly
identifies the entity that made the ransom payment.
``(E) Contact information, such as telephone number or
electronic mail address, that the Center may use to contact
the entity that made the ransom payment or an authorized
agent of such covered entity, or, where applicable, the
service provider of such covered entity acting with the
express permission of, and at the direction of, that entity
to assist with compliance with the requirements of this
subtitle.
``(F) The date of the ransom payment.
``(G) The ransom payment demand, including the type of
virtual currency or other commodity requested, if applicable.
``(H) The ransom payment instructions, including
information regarding where to send the payment, such as the
virtual currency address or physical address the funds were
requested to be sent to, if applicable.
``(I) The amount of the ransom payment.
``(6) A clear description of the types of data required to
be preserved pursuant to subsection (a)(4) and the period of
time for which the data is required to be preserved.
``(7) Deadlines for submitting reports to the Director
required under subsection (a)(3), which shall--
``(A) be established by the Director in consultation with
the Council;
``(B) consider any existing regulatory reporting
requirements similar in scope, purpose, and timing to the
reporting requirements to which such a covered entity may
also be subject, and make efforts to harmonize the timing and
contents of any such reports to the maximum extent
practicable; and
``(C) balance the need for situational awareness with the
ability of the covered entity to conduct incident response
and investigations.
``(8) Procedures for--
``(A) entities to submit reports required by paragraphs
(1), (2), and (3) of subsection (a), including the manner and
form thereof, which shall include, at a minimum, a concise,
user-friendly web-based form;
``(B) the Agency to carry out the enforcement provisions of
section 2233, including with respect to the issuance,
service, withdrawal, and enforcement of subpoenas, appeals
and due process procedures, the suspension and debarment
provisions in section 2234(c), and other aspects of
noncompliance;
``(C) implementing the exceptions provided in subparagraphs
(A), (B), and (D) of subsection (a)(5); and
``(D) protecting privacy and civil liberties consistent
with processes adopted pursuant to section 105(b) of the
Cybersecurity Act of 2015 (6 U.S.C. 1504(b)) and anonymizing
and safeguarding, or no longer retaining, information
received and disclosed through covered cyber incident reports
and ransom payment reports that is known to be personal
information of a specific individual or information that
identifies a specific individual that is not directly related
to a cybersecurity threat.
``(9) A clear description of the types of entities that
constitute other private sector entities for purposes of
section 2230(b)(7).
[[Page S8037]]
``(d) Third Party Report Submission and Ransom Payment.--
``(1) Report submission.--An entity, including a covered
entity, that is required to submit a covered cyber incident
report or a ransom payment report may use a third party, such
as an incident response company, insurance provider, service
provider, information sharing and analysis organization, or
law firm, to submit the required report under subsection (a).
``(2) Ransom payment.--If an entity impacted by a
ransomware attack uses a third party to make a ransom
payment, the third party shall not be required to submit a
ransom payment report for itself under subsection (a)(2).
``(3) Duty to report.--Third-party reporting under this
subparagraph does not relieve a covered entity or an entity
that makes a ransom payment from the duty to comply with the
requirements for covered cyber incident report or ransom
payment report submission.
``(4) Responsibility to advise.--Any third party used by an
entity that knowingly makes a ransom payment on behalf of an
entity impacted by a ransomware attack shall advise the
impacted entity of the responsibilities of the impacted
entity regarding reporting ransom payments under this
section.
``(e) Outreach to Covered Entities.--
``(1) In general.--The Director shall conduct an outreach
and education campaign to inform likely covered entities,
entities that offer or advertise as a service to customers to
make or facilitate ransom payments on behalf of entities
impacted by ransomware attacks, potential ransomware attack
victims, and other appropriate entities of the requirements
of paragraphs (1), (2), and (3) of subsection (a).
``(2) Elements.--The outreach and education campaign under
paragraph (1) shall include the following:
``(A) An overview of the final rule issued pursuant to
subsection (b).
``(B) An overview of mechanisms to submit to the Center
covered cyber incident reports and information relating to
the disclosure, retention, and use of incident reports under
this section.
``(C) An overview of the protections afforded to covered
entities for complying with the requirements under paragraphs
(1), (2), and (3) of subsection (a).
``(D) An overview of the steps taken under section 2234
when a covered entity is not in compliance with the reporting
requirements under subsection (a).
``(E) Specific outreach to cybersecurity vendors, incident
response providers, cybersecurity insurance entities, and
other entities that may support covered entities or
ransomware attack victims.
``(F) An overview of the privacy and civil liberties
requirements in this subtitle.
``(3) Coordination.--In conducting the outreach and
education campaign required under paragraph (1), the Director
may coordinate with--
``(A) the Critical Infrastructure Partnership Advisory
Council established under section 871;
``(B) information sharing and analysis organizations;
``(C) trade associations;
``(D) information sharing and analysis centers;
``(E) sector coordinating councils; and
``(F) any other entity as determined appropriate by the
Director.
``(f) Organization of Reports.--Notwithstanding chapter 35
of title 44, United States Code (commonly known as the
`Paperwork Reduction Act'), the Director may request
information within the scope of the final rule issued under
subsection (b) by the alteration of existing questions or
response fields and the reorganization and reformatting of
the means by which covered cyber incident reports, ransom
payment reports, and any voluntarily offered information is
submitted to the Center.
``SEC. 2233. VOLUNTARY REPORTING OF OTHER CYBER INCIDENTS.
``(a) In General.--Entities may voluntarily report
incidents or ransom payments to the Director that are not
required under paragraph (1), (2), or (3) of section 2232(a),
but may enhance the situational awareness of cyber threats.
``(b) Voluntary Provision of Additional Information in
Required Reports.--Entities may voluntarily include in
reports required under paragraph (1), (2), or (3) of section
2232(a) information that is not required to be included, but
may enhance the situational awareness of cyber threats.
``(c) Application of Protections.--The protections under
section 2235 applicable to covered cyber incident reports
shall apply in the same manner and to the same extent to
reports and information submitted under subsections (a) and
(b).
``SEC. 2234. NONCOMPLIANCE WITH REQUIRED REPORTING.
``(a) Purpose.--In the event that an entity that is
required to submit a report under section 2232(a) fails to
comply with the requirement to report, the Director may
obtain information about the incident or ransom payment by
engaging the entity directly to request information about the
incident or ransom payment, and if the Director is unable to
obtain information through such engagement, by issuing a
subpoena to the entity, pursuant to subsection (c), to gather
information sufficient to determine whether a covered cyber
incident or ransom payment has occurred, and, if so, whether
additional action is warranted pursuant to subsection (d).
``(b) Initial Request for Information.--
``(1) In general.--If the Director has reason to believe,
whether through public reporting or other information in the
possession of the Federal Government, including through
analysis performed pursuant to paragraph (1) or (2) of
section 2231(a), that an entity has experienced a covered
cyber incident or made a ransom payment but failed to report
such incident or payment to the Center within 72 hours in
accordance with section 2232(a), the Director shall request
additional information from the entity to confirm whether or
not a covered cyber incident or ransom payment has occurred.
``(2) Treatment.--Information provided to the Center in
response to a request under paragraph (1) shall be treated as
if it was submitted through the reporting procedures
established in section 2232.
``(c) Authority to Issue Subpoenas and Debar.--
``(1) In general.--If, after the date that is 72 hours from
the date on which the Director made the request for
information in subsection (b), the Director has received no
response from the entity from which such information was
requested, or received an inadequate response, the Director
may issue to such entity a subpoena to compel disclosure of
information the Director deems necessary to determine whether
a covered cyber incident or ransom payment has occurred and
obtain the information required to be reported pursuant to
section 2232 and any implementing regulations.
``(2) Civil action.--
``(A) In general.--If an entity fails to comply with a
subpoena, the Director may refer the matter to the Attorney
General to bring a civil action in a district court of the
United States to enforce such subpoena.
``(B) Venue.--An action under this paragraph may be brought
in the judicial district in which the entity against which
the action is brought resides, is found, or does business.
``(C) Contempt of court.--A court may punish a failure to
comply with a subpoena issued under this subsection as
contempt of court.
``(3) Non-delegation.--The authority of the Director to
issue a subpoena under this subsection may not be delegated.
``(4) Debarment of federal contractors.--If a covered
entity with a Federal Government contract, grant, cooperative
agreement, or other transaction agreement fails to comply
with a subpoena issued under this subsection--
``(A) the Director may refer the matter to the
Administrator of General Services; and
``(B) upon receiving a referral from the Director, the
Administrator of General Services may impose additional
available penalties, including suspension or debarment.
``(d) Actions by Attorney General and Regulators.--
``(1) In general.--Notwithstanding section 2235(a) and
subsection (b)(2) of this section, if the Attorney General or
the appropriate regulator determines, based on information
provided in response to a subpoena issued pursuant to
subsection (c), that the facts relating to the covered cyber
incident or ransom payment at issue may constitute grounds
for a regulatory enforcement action or criminal prosecution,
the Attorney General or the appropriate regulator may use
that information for a regulatory enforcement action or
criminal prosecution.
``(2) Application to certain entities and third parties.--A
covered cyber incident or ransom payment report submitted to
the Center by an entity that makes a ransom payment or third
party under section 2232 shall not be used by any Federal,
State, Tribal, or local government to investigate or take
another law enforcement action against the entity that makes
a ransom payment or third party.
``(3) Rule of construction.--Nothing in this subtitle shall
be construed to provide an entity that submits a covered
cyber incident report or ransom payment report under section
2232 any immunity from law enforcement action for making a
ransom payment otherwise prohibited by law.
``(e) Considerations.--When determining whether to exercise
the authorities provided under this section, the Director
shall take into consideration--
``(1) the size and complexity of the entity;
``(2) the complexity in determining if a covered cyber
incident has occurred; and
``(3) prior interaction with the Agency or awareness of the
entity of the policies and procedures of the Agency for
reporting covered cyber incidents and ransom payments.
``(f) Exclusions.--This section shall not apply to a State,
local, Tribal, or territorial government entity.
``(g) Report to Congress.--The Director shall submit to
Congress an annual report on the number of times the
Director--
``(1) issued an initial request for information pursuant to
subsection (b);
``(2) issued a subpoena pursuant to subsection (c);
``(3) brought a civil action pursuant to subsection (c)(2);
or
``(4) conducted additional actions pursuant to subsection
(d).
``SEC. 2235. INFORMATION SHARED WITH OR PROVIDED TO THE
FEDERAL GOVERNMENT.
``(a) Disclosure, Retention, and Use.--
``(1) Authorized activities.--Information provided to the
Center or Agency pursuant to section 2232 may be disclosed
to, retained by, and used by, consistent with otherwise
[[Page S8038]]
applicable provisions of Federal law, any Federal agency or
department, component, officer, employee, or agent of the
Federal Government solely for--
``(A) a cybersecurity purpose;
``(B) the purpose of identifying--
``(i) a cyber threat, including the source of the cyber
threat; or
``(ii) a security vulnerability;
``(C) the purpose of responding to, or otherwise preventing
or mitigating, a specific threat of death, a specific threat
of serious bodily harm, or a specific threat of serious
economic harm, including a terrorist act or use of a weapon
of mass destruction;
``(D) the purpose of responding to, investigating,
prosecuting, or otherwise preventing or mitigating, a serious
threat to a minor, including sexual exploitation and threats
to physical safety; or
``(E) the purpose of preventing, investigating, disrupting,
or prosecuting an offense arising out of a covered cyber
incident or any of the offenses listed in section
105(d)(5)(A)(v) of the Cybersecurity Act of 2015 (6 U.S.C.
1504(d)(5)(A)(v)).
``(2) Agency actions after receipt.--
``(A) Rapid, confidential sharing of cyber threat
indicators.--Upon receiving a covered cyber incident or
ransom payment report submitted pursuant to this section, the
center shall immediately review the report to determine
whether the incident that is the subject of the report is
connected to an ongoing cyber threat or security
vulnerability and where applicable, use such report to
identify, develop, and rapidly disseminate to appropriate
stakeholders actionable, anonymized cyber threat indicators
and defensive measures.
``(B) Standards for sharing security vulnerabilities.--With
respect to information in a covered cyber incident or ransom
payment report regarding a security vulnerability referred to
in paragraph (1)(B)(ii), the Director shall develop
principles that govern the timing and manner in which
information relating to security vulnerabilities may be
shared, consistent with common industry best practices and
United States and international standards.
``(3) Privacy and civil liberties.--Information contained
in covered cyber incident and ransom payment reports
submitted to the Center or the Agency pursuant to section
2232 shall be retained, used, and disseminated, where
permissible and appropriate, by the Federal Government in
accordance with processes to be developed for the protection
of personal information consistent with processes adopted
pursuant to section 105 of the Cybersecurity Act of 2015 (6
U.S.C. 1504) and in a manner that protects from unauthorized
use or disclosure any information that may contain--
``(A) personal information of a specific individual; or
``(B) information that identifies a specific individual
that is not directly related to a cybersecurity threat.
``(4) Digital security.--The Center and the Agency shall
ensure that reports submitted to the Center or the Agency
pursuant to section 2232, and any information contained in
those reports, are collected, stored, and protected at a
minimum in accordance with the requirements for moderate
impact Federal information systems, as described in Federal
Information Processing Standards Publication 199, or any
successor document.
``(5) Prohibition on use of information in regulatory
actions.--A Federal, State, local, or Tribal government shall
not use information about a covered cyber incident or ransom
payment obtained solely through reporting directly to the
Center or the Agency in accordance with this subtitle to
regulate, including through an enforcement action, the lawful
activities of the covered entity or entity that made a ransom
payment.
``(b) No Waiver of Privilege or Protection.--The submission
of a report to the Center or the Agency under section 2232
shall not constitute a waiver of any applicable privilege or
protection provided by law, including trade secret protection
and attorney-client privilege.
``(c) Exemption From Disclosure.--Information contained in
a report submitted to the Office under section 2232 shall be
exempt from disclosure under section 552(b)(3)(B) of title 5,
United States Code (commonly known as the `Freedom of
Information Act') and any State, Tribal, or local provision
of law requiring disclosure of information or records.
``(d) Ex Parte Communications.--The submission of a report
to the Agency under section 2232 shall not be subject to a
rule of any Federal agency or department or any judicial
doctrine regarding ex parte communications with a decision-
making official.
``(e) Liability Protections.--
``(1) In general.--No cause of action shall lie or be
maintained in any court by any person or entity and any such
action shall be promptly dismissed for the submission of a
report pursuant to section 2232(a) that is submitted in
conformance with this subtitle and the rule promulgated under
section 2232(b), except that this subsection shall not apply
with regard to an action by the Federal Government pursuant
to section 2234(c)(2).
``(2) Scope.--The liability protections provided in
subsection (e) shall only apply to or affect litigation that
is solely based on the submission of a covered cyber incident
report or ransom payment report to the Center or the Agency.
``(3) Restrictions.--Notwithstanding paragraph (2), no
report submitted to the Agency pursuant to this subtitle or
any communication, document, material, or other record,
created for the sole purpose of preparing, drafting, or
submitting such report, may be received in evidence, subject
to discovery, or otherwise used in any trial, hearing, or
other proceeding in or before any court, regulatory body, or
other authority of the United States, a State, or a political
subdivision thereof, provided that nothing in this subtitle
shall create a defense to discovery or otherwise affect the
discovery of any communication, document, material, or other
record not created for the sole purpose of preparing,
drafting, or submitting such report.
``(f) Sharing With Non-Federal Entities.--The Agency shall
anonymize the victim who reported the information when making
information provided in reports received under section 2232
available to critical infrastructure owners and operators and
the general public.
``(g) Proprietary Information.--Information contained in a
report submitted to the Agency under section 2232 shall be
considered the commercial, financial, and proprietary
information of the covered entity when so designated by the
covered entity.
``(h) Stored Communications Act.--Nothing in this subtitle
shall be construed to permit or require disclosure by a
provider of a remote computing service or a provider of an
electronic communication service to the public of information
not otherwise permitted or required to be disclosed under
chapter 121 of title 18, United States Code (commonly known
as the `Stored Communications Act').''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the items relating to subtitle B of title XXII the
following:
``Subtitle C--Cyber Incident Reporting
``Sec. 2230. Definitions.
``Sec. 2231. Cyber Incident Review.
``Sec. 2232. Required reporting of certain cyber incidents.
``Sec. 2233. Voluntary reporting of other cyber incidents.
``Sec. 2234. Noncompliance with required reporting.
``Sec. 2235. Information shared with or provided to the Federal
Government.''.
SEC. 6104. FEDERAL SHARING OF INCIDENT REPORTS.
(a) Cyber Incident Reporting Sharing.--
(1) In general.--Notwithstanding any other provision of law
or regulation, any Federal agency that receives a report from
an entity of a cyber incident, including a ransomware attack,
shall provide the report to the Director as soon as possible,
but not later than 24 hours after receiving the report,
unless a shorter period is required by an agreement made
between the Cybersecurity Infrastructure Security Agency and
the recipient Federal agency.
(2) Rule of construction.--The requirements described in
paragraph (1) shall not be construed to be a violation of any
provision of law or policy that would otherwise prohibit
disclosure within the executive branch.
(3) Protection of information.--The Director shall comply
with any obligations of the recipient Federal agency
described in paragraph (1) to protect information, including
with respect to privacy, confidentiality, or information
security, if those obligations would impose greater
protection requirements than this Act or the amendments made
by this Act.
(4) FOIA exemption.--Any report received by the Director
pursuant to paragraph (1) shall be exempt from disclosure
under section 552(b)(3) of title 5, United States Code
(commonly known as the ``Freedom of Information Act'').
(b) Creation of Council.--Section 1752(c) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (6 U.S.C. 1500(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (G), by striking ``and'' at the end;
(B) by redesignating subparagraph (H) as subparagraph (I);
and
(C) by inserting after subparagraph (G) the following:
``(H) lead an intergovernmental Cyber Incident Reporting
Council, in coordination with the Director of the Office of
Management and Budget and the Director of the Cybersecurity
and Infrastructure Security Agency and in consultation with
Sector Risk Management Agencies (as defined in section 2201
of the Homeland Security Act of 2002 (6 U.S.C. 651)) and
other appropriate Federal agencies, to coordinate,
deconflict, and harmonize Federal incident reporting
requirements, including those issued through regulations, for
covered entities (as defined in section 2230 of such Act) and
entities that make a ransom payment (as defined in such
section 2201 (6 U.S.C. 651)); and''; and
(2) by adding at the end the following:
``(3) Rule of construction.--Nothing in paragraph (1)(H)
shall be construed to provide any additional regulatory
authority to any Federal entity.''.
(c) Harmonizing Reporting Requirements.--The National Cyber
Director shall, in consultation with the Director, the Cyber
Incident Reporting Council described in section 1752(c)(1)(H)
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (6 U.S.C.
1500(c)(1)(H)), and the Director of the Office of Management
and Budget, to the maximum extent practicable--
[[Page S8039]]
(1) periodically review existing regulatory requirements,
including the information required in such reports, to report
cyber incidents and ensure that any such reporting
requirements and procedures avoid conflicting, duplicative,
or burdensome requirements; and
(2) coordinate with the Director and regulatory authorities
that receive reports relating to cyber incidents to identify
opportunities to streamline reporting processes, and where
feasible, facilitate interagency agreements between such
authorities to permit the sharing of such reports, consistent
with applicable law and policy, without impacting the ability
of such agencies to gain timely situational awareness of a
covered cyber incident or ransom payment.
SEC. 6105. RANSOMWARE VULNERABILITY WARNING PILOT PROGRAM.
(a) Program.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish a
ransomware vulnerability warning program to leverage existing
authorities and technology to specifically develop processes
and procedures for, and to dedicate resources to, identifying
information systems that contain security vulnerabilities
associated with common ransomware attacks, and to notify the
owners of those vulnerable systems of their security
vulnerability.
(b) Identification of Vulnerable Systems.--The pilot
program established under subsection (a) shall--
(1) identify the most common security vulnerabilities
utilized in ransomware attacks and mitigation techniques; and
(2) utilize existing authorities to identify Federal and
other relevant information systems that contain the security
vulnerabilities identified in paragraph (1).
(c) Entity Notification.--
(1) Identification.--If the Director is able to identify
the entity at risk that owns or operates a vulnerable
information system identified in subsection (b), the Director
may notify the owner of the information system.
(2) No identification.--If the Director is not able to
identify the entity at risk that owns or operates a
vulnerable information system identified in subsection (b),
the Director may utilize the subpoena authority pursuant to
section 2209 of the Homeland Security Act of 2002 (6 U.S.C.
659) to identify and notify the entity at risk pursuant to
the procedures within that section.
(3) Required information.--A notification made under
paragraph (1) shall include information on the identified
security vulnerability and mitigation techniques.
(d) Prioritization of Notifications.--To the extent
practicable, the Director shall prioritize covered entities
for identification and notification activities under the
pilot program established under this section.
(e) Limitation on Procedures.--No procedure, notification,
or other authorities utilized in the execution of the pilot
program established under subsection (a) shall require an
owner or operator of a vulnerable information system to take
any action as a result of a notice of a security
vulnerability made pursuant to subsection (c).
(f) Rule of Construction.--Nothing in this section shall be
construed to provide additional authorities to the Director
to identify vulnerabilities or vulnerable systems.
(g) Termination.--The pilot program established under
subsection (a) shall terminate on the date that is 4 years
after the date of enactment of this Act.
SEC. 6106. RANSOMWARE THREAT MITIGATION ACTIVITIES.
(a) Joint Ransomware Task Force.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the National Cyber Director, in
consultation with the Attorney General and the Director of
the Federal Bureau of Investigation, shall establish and
chair the Joint Ransomware Task Force to coordinate an
ongoing nationwide campaign against ransomware attacks, and
identify and pursue opportunities for international
cooperation.
(2) Composition.--The Joint Ransomware Task Force shall
consist of participants from Federal agencies, as determined
appropriate by the National Cyber Director in consultation
with the Secretary of Homeland Security.
(3) Responsibilities.--The Joint Ransomware Task Force,
utilizing only existing authorities of each participating
agency, shall coordinate across the Federal Government the
following activities:
(A) Prioritization of intelligence-driven operations to
disrupt specific ransomware actors.
(B) Consult with relevant private sector, State, local,
Tribal, and territorial governments and international
stakeholders to identify needs and establish mechanisms for
providing input into the Task Force.
(C) Identifying, in consultation with relevant entities, a
list of highest threat ransomware entities updated on an
ongoing basis, in order to facilitate--
(i) prioritization for Federal action by appropriate
Federal agencies; and
(ii) identify metrics for success of said actions.
(D) Disrupting ransomware criminal actors, associated
infrastructure, and their finances.
(E) Facilitating coordination and collaboration between
Federal entities and relevant entities, including the private
sector, to improve Federal actions against ransomware
threats.
(F) Collection, sharing, and analysis of ransomware trends
to inform Federal actions.
(G) Creation of after-action reports and other lessons
learned from Federal actions that identify successes and
failures to improve subsequent actions.
(H) Any other activities determined appropriate by the task
force to mitigate the threat of ransomware attacks against
Federal and non-Federal entities.
(b) Clarifying Private Sector Lawful Defensive Measures.--
Not later than 180 days after the date of enactment of this
Act, the National Cyber Director, in coordination with the
Secretary of Homeland Security and the Attorney General,
shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of
the Senate and the Committee on Homeland Security, the
Committee on the Judiciary, and the Committee on Oversight
and Reform of the House of Representatives a report that
describes defensive measures that private sector actors can
take when countering ransomware attacks and what laws need to
be clarified to enable that action.
(c) Rule of Construction.--Nothing in this section shall be
construed to provide any additional authority to any Federal
agency.
SEC. 6107. CONGRESSIONAL REPORTING.
(a) Report on Stakeholder Engagement.--Not later than 30
days after the date on which the Director issues the final
rule under section 2232(b) of the Homeland Security Act of
2002, as added by section 6103(b) of this title, the Director
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report
that describes how the Director engaged stakeholders in the
development of the final rule.
(b) Report on Opportunities to Strengthen Security
Research.--Not later than 1 year after the date of enactment
of this Act, the Director shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report describing how the National
Cybersecurity and Communications Integration Center
established under section 2209 of the Homeland Security Act
of 2002 (6 U.S.C. 659) has carried out activities under
section 2231(a)(9) of the Homeland Security Act of 2002, as
added by section 6103(a) of this title, by proactively
identifying opportunities to use cyber incident data to
inform and enable cybersecurity research within the academic
and private sector.
(c) Report on Ransomware Vulnerability Warning Pilot
Program.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for the duration of the
pilot program established under section 6105, the Director
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report,
which may include a classified annex, on the effectiveness of
the pilot program, which shall include a discussion of the
following:
(1) The effectiveness of the notifications under section
6105(c) in mitigating security vulnerabilities and the threat
of ransomware.
(2) Identification of the most common vulnerabilities
utilized in ransomware.
(3) The number of notifications issued during the preceding
year.
(4) To the extent practicable, the number of vulnerable
devices or systems mitigated under this pilot by the Agency
during the preceding year.
(d) Report on Harmonization of Reporting Regulations.--
(1) In general.--Not later than 180 days after the date on
which the National Cyber Director convenes the Council
described in section 1752(c)(1)(H) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (6 U.S.C. 1500(c)(1)(H)), the National Cyber Director
shall submit to the appropriate congressional committees a
report that includes--
(A) a list of duplicative Federal cyber incident reporting
requirements on covered entities and entities that make a
ransom payment;
(B) a description of any challenges in harmonizing the
duplicative reporting requirements;
(C) any actions the National Cyber Director intends to take
to facilitate harmonizing the duplicative reporting
requirements; and
(D) any proposed legislative changes necessary to address
the duplicative reporting.
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to provide any additional regulatory authority
to any Federal agency.
(e) GAO Reports.--
(1) Implementation of this act.--Not later than 2 years
after the date of enactment of this Act, the Comptroller
General of the United States shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report on the implementation of this Act
and the amendments made by this Act.
(2) Exemptions to reporting.--Not later than 1 year after
the date on which the Director issues the final rule required
under section 2232(b) of the Homeland Security Act of 2002,
as added by section 6103 of this title, the Comptroller
General of the United States
[[Page S8040]]
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report on
the exemptions to reporting under paragraphs (2) and (5) of
section 2232(a) of the Homeland Security Act of 2002, as
added by section 6103 of this title, which shall include--
(A) to the extent practicable, an evaluation of the
quantity of incidents not reported to the Federal Government;
(B) an evaluation of the impact on impacted entities,
homeland security, and the national economy of the ransomware
criminal ecosystem of incidents and ransom payments,
including a discussion on the scope of impact of incidents
that were not reported to the Federal Government;
(C) an evaluation of the burden, financial and otherwise,
on entities required to report cyber incidents under this
Act, including an analysis of entities that meet the
definition of a small organization and would be exempt from
ransom payment reporting but not for being a covered entity;
and
(D) a description of the consequences and effects of the
exemptions.
(f) Report on Effectiveness of Enforcement Mechanisms.--Not
later than 1 year after the date on which the Director issues
the final rule required under section 2232(b) of the Homeland
Security Act of 2002, as added by section 6103 of this title,
the Director shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report on the effectiveness of the
enforcement mechanisms within section 2234 of the Homeland
Security Act of 2002, as added by section 6103 of this title.
TITLE LXII--CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS ACT OF 2021
SEC. 6201. SHORT TITLE.
This title may be cited as the ``CISA Technical Corrections
and Improvements Act of 2021''.
SEC. 6202. REDESIGNATIONS.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
(1) by redesignating section 2217 (6 U.S.C. 665f) as
section 2220;
(2) by redesignating section 2216 (6 U.S.C. 665e) as
section 2219;
(3) by redesignating the fourth section 2215 (relating to
Sector Risk Management Agencies) (6 U.S.C. 665d) as section
2218;
(4) by redesignating the third section 2215 (relating to
the Cybersecurity State Coordinator) (6 U.S.C. 665c) as
section 2217; and
(5) by redesignating the second section 2215 (relating to
the Joint Cyber Planning Office) (6 U.S.C. 665b) as section
2216.
(b) Technical and Conforming Amendments.--Section 2202(c)
of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is
amended--
(1) in the first paragraph (12), by striking ``section
2215'' and inserting ``section 2217''; and
(2) by redesignating the second and third paragraphs (12)
as paragraphs (13) and (14), respectively.
(c) Additional Technical Amendment.--
(1) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020
(title IX of division U of Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by striking ``Homeland
Security Act'' and inserting ``Homeland Security Act of
2002''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if enacted as part of the DOTGOV Act of
2020 (title IX of division U of Public Law 116-260).
SEC. 6203. CONSOLIDATION OF DEFINITIONS.
(a) In General.--Title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651) is amended by inserting before the
subtitle A heading the following:
``SEC. 2200. DEFINITIONS.
``Except as otherwise specifically provided, in this title:
``(1) Agency.--The term `Agency' means the Cybersecurity
and Infrastructure Security Agency.
``(2) Agency information.--The term `agency information'
means information collected or maintained by or on behalf of
an agency.
``(3) Agency information system.--The term `agency
information system' means an information system used or
operated by an agency or by another entity on behalf of an
agency.
``(4) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) the Committee on Homeland Security of the House of
Representatives.
``(5) Cloud service provider.--The term `cloud service
provider' means an entity offering products or services
related to cloud computing, as defined by the National
Institutes of Standards and Technology in NIST Special
Publication 800-145 and any amendatory or superseding
document relating thereto.
``(6) Critical infrastructure information.--The term
`critical infrastructure information' means information not
customarily in the public domain and related to the security
of critical infrastructure or protected systems, including--
``(A) actual, potential, or threatened interference with,
attack on, compromise of, or incapacitation of critical
infrastructure or protected systems by either physical or
computer-based attack or other similar conduct (including the
misuse of or unauthorized access to all types of
communications and data transmission systems) that violates
Federal, State, or local law, harms interstate commerce of
the United States, or threatens public health or safety;
``(B) the ability of any critical infrastructure or
protected system to resist such interference, compromise, or
incapacitation, including any planned or past assessment,
projection, or estimate of the vulnerability of critical
infrastructure or a protected system, including security
testing, risk evaluation thereto, risk management planning,
or risk audit; or
``(C) any planned or past operational problem or solution
regarding critical infrastructure or protected systems,
including repair, recovery, reconstruction, insurance, or
continuity, to the extent it is related to such interference,
compromise, or incapacitation.
``(7) Cyber threat indicator.--The term `cyber threat
indicator' means information that is necessary to describe or
identify--
``(A) malicious reconnaissance, including anomalous
patterns of communications that appear to be transmitted for
the purpose of gathering technical information related to a
cybersecurity threat or security vulnerability;
``(B) a method of defeating a security control or
exploitation of a security vulnerability;
``(C) a security vulnerability, including anomalous
activity that appears to indicate the existence of a security
vulnerability;
``(D) a method of causing a user with legitimate access to
an information system or information that is stored on,
processed by, or transiting an information system to
unwittingly enable the defeat of a security control or
exploitation of a security vulnerability;
``(E) malicious cyber command and control;
``(F) the actual or potential harm caused by an incident,
including a description of the information exfiltrated as a
result of a particular cybersecurity threat;
``(G) any other attribute of a cybersecurity threat, if
disclosure of such attribute is not otherwise prohibited by
law; or
``(H) any combination thereof.
``(8) Cybersecurity purpose.--The term `cybersecurity
purpose' means the purpose of protecting an information
system or information that is stored on, processed by, or
transiting an information system from a cybersecurity threat
or security vulnerability.
``(9) Cybersecurity risk.--The term `cybersecurity risk'--
``(A) means threats to and vulnerabilities of information
or information systems and any related consequences caused by
or resulting from unauthorized access, use, disclosure,
degradation, disruption, modification, or destruction of such
information or information systems, including such related
consequences caused by an act of terrorism; and
``(B) does not include any action that solely involves a
violation of a consumer term of service or a consumer
licensing agreement.
``(10) Cybersecurity threat.--
``(A) In general.--Except as provided in subparagraph (B),
the term `cybersecurity threat' means an action, not
protected by the First Amendment to the Constitution of the
United States, on or through an information system that may
result in an unauthorized effort to adversely impact the
security, availability, confidentiality, or integrity of an
information system or information that is stored on,
processed by, or transiting an information system.
``(B) Exclusion.--The term `cybersecurity threat' does not
include any action that solely involves a violation of a
consumer term of service or a consumer licensing agreement.
``(11) Defensive measure.--
``(A) In general.--Except as provided in subparagraph (B),
the term `defensive measure' means an action, device,
procedure, signature, technique, or other measure applied to
an information system or information that is stored on,
processed by, or transiting an information system that
detects, prevents, or mitigates a known or suspected
cybersecurity threat or security vulnerability.
``(B) Exclusion.--The term `defensive measure' does not
include a measure that destroys, renders unusable, provides
unauthorized access to, or substantially harms an information
system or information stored on, processed by, or transiting
such information system not owned by--
``(i) the entity operating the measure; or
``(ii) another entity or Federal entity that is authorized
to provide consent and has provided consent to that private
entity for operation of such measure.
``(12) Homeland security enterprise.--The term `Homeland
Security Enterprise' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and Tribal government
officials, private sector representatives, academics, and
other policy experts.
``(13) Incident.--The term `incident' means an occurrence
that actually or imminently jeopardizes, without lawful
authority, the integrity, confidentiality, or availability of
information on an information system, or actually or
imminently jeopardizes, without lawful authority, an
information system.
``(14) Information sharing and analysis organization.--The
term `Information Sharing and Analysis Organization' means
any
[[Page S8041]]
formal or informal entity or collaboration created or
employed by public or private sector organizations, for
purposes of--
``(A) gathering and analyzing critical infrastructure
information, including information related to cybersecurity
risks and incidents, in order to better understand security
problems and interdependencies related to critical
infrastructure, including cybersecurity risks and incidents,
and protected systems, so as to ensure the availability,
integrity, and reliability thereof;
``(B) communicating or disclosing critical infrastructure
information, including cybersecurity risks and incidents, to
help prevent, detect, mitigate, or recover from the effects
of a interference, compromise, or a incapacitation problem
related to critical infrastructure, including cybersecurity
risks and incidents, or protected systems; and
``(C) voluntarily disseminating critical infrastructure
information, including cybersecurity risks and incidents, to
its members, State, local, and Federal Governments, or any
other entities that may be of assistance in carrying out the
purposes specified in subparagraphs (A) and (B).
``(15) Information system.--The term `information system'
has the meaning given the term in section 3502 of title 44,
United States Code.
``(16) Intelligence community.--The term `intelligence
community' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
``(17) Managed service provider.--The term `managed service
provider' means an entity that delivers services, such as
network, application, infrastructure, or security services,
via ongoing and regular support and active administration on
the premises of a customer, in the data center of the entity
(such as hosting), or in a third party data center.
``(18) Monitor.--The term `monitor' means to acquire,
identify, or scan, or to possess, information that is stored
on, processed by, or transiting an information system.
``(19) National cybersecurity asset response activities.--
The term `national cybersecurity asset response activities'
means--
``(A) furnishing cybersecurity technical assistance to
entities affected by cybersecurity risks to protect assets,
mitigate vulnerabilities, and reduce impacts of cyber
incidents;
``(B) identifying other entities that may be at risk of an
incident and assessing risk to the same or similar
vulnerabilities;
``(C) assessing potential cybersecurity risks to a sector
or region, including potential cascading effects, and
developing courses of action to mitigate such risks;
``(D) facilitating information sharing and operational
coordination with threat response; and
``(E) providing guidance on how best to utilize Federal
resources and capabilities in a timely, effective manner to
speed recovery from cybersecurity risks.
``(20) National security system.--The term `national
security system' has the meaning given the term in section
11103 of title 40, United States Code.
``(21) Ransom payment.--The term `ransom payment' means the
transmission of any money or other property or asset,
including virtual currency, or any portion thereof, which has
at any time been delivered as ransom in connection with a
ransomware attack.
``(22) Ransomware attack.--The term `ransomware attack'--
``(A) means a cyber incident that includes the threat of
use of unauthorized or malicious code on an information
system, or the threat of use of another digital mechanism
such as a denial of service attack, to interrupt or disrupt
the operations of an information system or compromise the
confidentiality, availability, or integrity of electronic
data stored on, processed by, or transiting an information
system to extort a demand for a ransom payment; and
``(B) does not include any such event where the demand for
payment is made by a Federal Government entity, good faith
security research, or in response to an invitation by the
owner or operator of the information system for third parties
to identify vulnerabilities in the information system.
``(23) Sector risk management agency.--The term `Sector
Risk Management Agency' means a Federal department or agency,
designated by law or Presidential directive, with
responsibility for providing institutional knowledge and
specialized expertise of a sector, as well as leading,
facilitating, or supporting programs and associated
activities of its designated critical infrastructure sector
in the all hazards environment in coordination with the
Department.
``(24) Security vulnerability.--The term `security
vulnerability' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
``(25) Sharing.--The term `sharing' (including all
conjugations thereof) means providing, receiving, and
disseminating (including all conjugations of each such
terms).
``(26) Supply chain compromise.--The term `supply chain
compromise' means a cyber incident within the supply chain of
an information technology system whereby an adversary
jeopardizes the confidentiality, integrity, or availability
of the information technology system or the information the
system processes, stores, or transmits, and can occur at any
point during the life cycle.
``(27) Virtual currency.--The term `virtual currency' means
the digital representation of value that functions as a
medium of exchange, a unit of account, or a store of value.
``(28) Virtual currency address.--The term `virtual
currency address' means a unique public cryptographic key
identifying the location to which a virtual currency payment
can be made.''.
(b) Technical and Conforming Amendments.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) by amending section 2201 to read as follows:
``SEC. 2201. DEFINITION.
``In this subtitle, the term `Cybersecurity Advisory
Committee' means the advisory committee established under
section 2219(a).'';
(2) in section 2202--
(A) in subsection (a)(1), by striking ``(in this subtitle
referred to as the Agency)'';
(B) in subsection (f)--
(i) in paragraph (1), by inserting ``Executive'' before
``Assistant Director''; and
(ii) in paragraph (2), by inserting ``Executive'' before
``Assistant Director'';
(3) in section 2203(a)(2), by striking ``as the `Assistant
Director' '' and inserting ``as the `Executive Assistant
Director' '';
(4) in section 2204(a)(2), by striking ``as the `Assistant
Director' '' and inserting ``as the `Executive Assistant
Director' '';
(5) in section 2209--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (o) as
subsections (a) through (n), respectively;
(C) in subsection (c)(1)(A)(iii), as so redesignated, by
striking ``, as that term is defined under section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4))'';
(D) in subsection (d), as so redesignated, in the matter
preceding paragraph (1), by striking ``subsection (c)'' and
inserting ``subsection (b)'';
(E) in subsection (j), as so redesignated, by striking
``subsection (c)(8)'' and inserting ``subsection (b)(8)'';
and
(F) in subsection (n), as so redesignated--
(i) in paragraph (2)(A), by striking ``subsection (c)(12)''
and inserting ``subsection (b)(12)''; and
(ii) in paragraph (3)(B)(i), by striking ``subsection
(c)(12)'' and inserting ``subsection (b)(12)'';
(6) in section 2210--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (d) as
subsections (a) through (c), respectively;
(C) in subsection (b), as so redesignated--
(i) by striking ``information sharing and analysis
organizations (as defined in section 2222(5))'' and inserting
``Information Sharing and Analysis Organizations''; and
(ii) by striking ``(as defined in section 2209)''; and
(D) in subsection (c), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (b)'';
(7) in section 2211, by striking subsection (h);
(8) in section 2212, by striking ``information sharing and
analysis organizations (as defined in section 2222(5))'' and
inserting ``Information Sharing and Analysis Organizations'';
(9) in section 2213--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (f) as
subsections (a) through (e); respectively;
(C) in subsection (b), as so redesignated, by striking
``subsection (b)'' each place it appears and inserting
``subsection (a)'';
(D) in subsection (c), as so redesignated, in the matter
preceding paragraph (1), by striking ``subsection (b)'' and
inserting ``subsection (a)''; and
(E) in subsection (d), as so redesignated--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``subsection (c)(2)'' and inserting ``subsection (b)(2)'';
(II) in subparagraph (A), by striking ``subsection (c)(1)''
and inserting ``subsection (b)(1)''; and
(III) in subparagraph (B), by striking ``subsection
(c)(2)'' and inserting ``subsection (b)(2)''; and
(ii) in paragraph (2), by striking ``subsection (c)(2)''
and inserting ``subsection (b)(2)'';
(10) in section 2216, as so redesignated--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (h) as
subsections (a) through (g), respectively;
(C) in subsection (a), as so redesignated--
(i) in the matter preceding paragraph (1), by striking
``subsection (e)'' and inserting ``subsection (d)'';
(ii) in paragraph (1), by striking ``subsection (c)'' and
inserting ``subsection (b)''; and
(iii) in paragraph (2), by striking ``subsection (c)'' and
inserting ``subsection (b)'';
(D) in subsection (b)(4), as so redesignated--
(i) by striking ``subsection (e)'' and inserting
``subsection (d)''; and
(ii) by striking ``subsection (h)'' and inserting
``subsection (g)'';
(E) in subsection (d), as so redesignated, by striking
``subsection (b)(1)'' each place it appears and inserting
``subsection (a)(1)'';
(F) in subsection (e), as so redesignated--
(i) by striking ``subsection (b)'' and inserting
``subsection (a)'';
(ii) by striking ``subsection (e)'' and inserting
``subsection (d)''; and
[[Page S8042]]
(iii) by striking ``subsection (b)(1)'' and inserting
``subsection (a)(1)''; and
(G) in subsection (f), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (b)'';
(11) in section 2217, as so redesignated, by striking
subsection (f) and inserting the following:
``(f) Cyber Defense Operation Defined.--In this section,
the term `cyber defense operation' means the use of a
defensive measure.''; and
(12) in section 2222--
(A) by striking paragraphs (3), (5), and (8);
(B) by redesignating paragraph (4) as paragraph (3); and
(C) by redesignating paragraphs (6) and (7) as paragraphs
(4) and (5), respectively.
(c) Table of Contents Amendments.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135) is amended--
(1) by inserting before the item relating to subtitle A of
title XXII the following:
``Sec. 2200. Definitions.'';
(2) by striking the item relating to section 2201 and
inserting the following:
``Sec. 2201. Definition.''; and
(3) by striking the second item relating to section 2215
and all that follows through the item relating to section
2217 and inserting the following:
``Sec. 2216. Cybersecurity State Coordinator.
``Sec. 2217. Joint Cyber Planning Office.
``Sec. 2218. Duties and authorities relating to .gov internet domain.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.''.
(d) Cybersecurity Act of 2015 Definitions.--Section 102 of
the Cybersecurity Act of 2015 (6 U.S.C. 1501) is amended--
(1) by striking paragraphs (4) through (7) and inserting
the following:
``(4) Cybersecurity purpose.--The term `cybersecurity
purpose' has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.
``(5) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given the term in section 2200 of the
Homeland Security Act of 2002.
``(6) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.
``(7) Defensive measure.--The term `defensive measure' has
the meaning given the term in section 2200 of the Homeland
Security Act of 2002.'';
(2) by striking paragraph (13) and inserting the following:
``(13) Monitor.-- The term `monitor' has the meaning given
the term in section 2200 of the Homeland Security Act of
2002.''; and
(3) by striking paragraph (17) and inserting the following:
``(17) Security vulnerability.--The term `security
vulnerability' has the meaning given the term in section 2200
of the Homeland Security Act of 2002.''.
SEC. 6204. ADDITIONAL TECHNICAL AND CONFORMING AMENDMENTS.
(a) Federal Cybersecurity Enhancement Act of 2015.--The
Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1521
et seq.) is amended--
(1) in section 222 (6 U.S.C. 1521)--
(A) in paragraph (2), by striking ``section 2210'' and
inserting ``section 2200''; and
(B) in paragraph (4), by striking ``section 2209'' and
inserting ``section 2200'';
(2) in section 223 (6 U.S.C. 151 note), by striking
``section 2213(b)(1)'' each place it appears and inserting
``section 2213(a)(1)'';
(3) in section 226--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``section 2213'' and
inserting ``section 2200'';
(ii) in paragraph (4), by striking ``section 2210(b)(1)''
and inserting ``section 2210(a)(1)''; and
(iii) in paragraph (5), by striking ``section 2213(b)'' and
inserting ``section 2213(a)''; and
(B) in subsection (c)(1)(A)(vi), by striking ``section
2213(c)(5)'' and inserting ``section 2213(b)(5)''; and
(4) in section 227(b) (6 U.S.C. 1525(b)), by striking
``section 2213(d)(2)'' and inserting ``section 2213(c)(2)''.
(b) Public Health Service Act.--Section 2811(b)(4)(D) of
the Public Health Service Act (42 U.S.C. 300hh-10(b)(4)(D))
is amended by striking ``section 228(c) of the Homeland
Security Act of 2002 (6 U.S.C. 149(c))'' and inserting
``section 2210(c) of the Homeland Security Act of 2002''.
(c) William M. (Mac) Thornberry National Defense
Authorization Act of Fiscal Year 2021.--Section 9002 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (6 U.S.C. 652a) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``section 2222(5) of the
Homeland Security Act of 2002 (6 U.S.C. 671(5))'' and
inserting ``section 2200 of the Homeland Security Act of
2002''; and
(B) by amending paragraph (7) to read as follows:
``(7) Sector risk management agency.--The term `Sector Risk
Management Agency' has the meaning given the term in section
2200 of the Homeland Security Act of 2002.'';
(2) in subsection (c)(3)(B), by striking ``section 2201(5)
of the Homeland Security Act of 2002 (6 U.S.C. 651(5))'' and
inserting ``section 2200 of the Homeland Security Act of
2002''; and
(3) in subsection (d)--
(A) by striking ``section 2215'' and inserting ``section
2218''; and
(B) by striking ``, as added by this section''.
(d) National Security Act of 1947.--Section 113B of the
National Security Act of 1947 (50 U.S.C. 3049a(b)(4)) is
amended by striking ``section 226 of the Homeland Security
Act of 2002 (6 U.S.C. 147)'' and inserting ``section 2206 of
the Homeland Security Act of 2002''.
(e) IoT Cybersecurity Improvement Act of 2020.--Section
5(b)(3) of the IoT Cybersecurity Improvement Act of 2020 (15
U.S.C. 278g-3c) is amended by striking ``section 2209(m)''
and inserting ``section 2209(l)''.
(f) Small Business Act.--Section 21(a)(8)(B) of the Small
Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking
``section 2209(a)'' and inserting ``section 2200''.
(g) Title 46.--Section 70101(2) of title 46, United States
Code, is amended by striking ``section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148)'' and inserting ``section
2200 of the Homeland Security Act of 2002''.
______
SA 4517. Mr. KELLY (for himself, Ms. Collins, Ms. Sinema, Mrs.
Feinstein, and Mr. Wyden) submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in title X, insert the following:
SEC. ____ BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN
EDUCATION MODERNIZATION.
(a) Clarifying Amendments to Definitions.--Section 1403 of
the Barry Goldwater Scholarship and Excellence in Education
Act (20 U.S.C. 4702) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) The term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
the United States Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, the
Republic of Palau, and any other territory or possession of
the United States.''; and
(2) by striking paragraph (6) and inserting the following:
``(6) The term `eligible person' means--
``(A) a permanent resident alien of the United States;
``(B) a citizen or national of the United States;
``(C) a citizen of the Republic of the Marshall Islands,
the Federated States of Micronesia, or the Republic of Palau;
or
``(D) any person who may be admitted to lawfully engage in
occupations and establish residence as a nonimmigrant in the
United States as permitted under the Compact of Free
Association agreements with the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau.''.
(b) Barry Goldwater Scholarship and Excellence in Education
Awards.--
(1) Section 1405(a) of the Barry Goldwater Scholarship and
Excellence in Education Program (20 U.S.C. 4704(a)) is
amended--
(A) in the subsection heading, by striking ``Award of
Scholarships and Fellowships'' and inserting ``Award of
Scholarships, Fellowships, and Research Internships'';
(B) in paragraph (1)--
(i) by striking ``scholarships and fellowships'' and
inserting ``scholarships, fellowships, and research
internships''each place the term appears; and
(ii) by striking ``science and mathematics'' and inserting
``the natural sciences, engineering, and mathematics'';
(C) in paragraph (2), by striking ``mathematics and the
natural sciences'' and inserting ``the natural sciences,
engineering, and mathematics'';
(D) in paragraph (3), by striking ``mathematics and the
natural sciences'' and inserting ``the natural sciences,
engineering, and mathematics'';
(E) by redesignating paragraph (4) as paragraph (5);
(F) in paragraph (5), as so redesignated, by striking
``scholarships and fellowships'' and inserting
``scholarships, fellowships, and research internships''; and
(G) by inserting after paragraph (3) the following:
``(4) Research internships shall be awarded to outstanding
undergraduate students who intend to pursue careers in the
natural sciences, engineering, and mathematics, which shall
be prioritized for students attending community colleges.''.
(2) Section 1405(b) of the Barry Goldwater Scholarship and
Excellence in Education Program (20 U.S.C. 4704(b)) is
amended by adding at the end the following: ``Recipients of
research internships under this title shall be known as
`Barry Goldwater Interns'.''
(c) Stipends.--Section 1406 of the Barry Goldwater
Scholarship and Excellence in Education Act (20 U.S.C. 4705)
is amended by adding at the end the following: ``Each person
awarded a research internship under this title shall receive
a stipend as may be prescribed by the Board, which shall not
exceed
[[Page S8043]]
the maximum stipend amount awarded for a scholarship or
fellowship.''
(d) Scholarship and Research Internship Conditions.--
Section 1407 of the Barry Goldwater Scholarship and
Excellence in Education Act (20 U.S.C. 4706) is amended--
(1) in the section heading, by inserting ``and research
internship'' after ``scholarship'';
(2) in subsection (a)--
(A) by striking the subsection heading and inserting
``Scholarship Conditions''; and
(B) by striking ``and devoting full time to study or
research and is not engaging in gainful employment other than
employment approved by the Foundation'';
(3) in subsection (b), by striking the subsection heading
and inserting ``Reports on Scholarships''; and
(4) by inserting at the end the following:
``(c) Research Internship Conditions.--A person awarded a
research internship under this title may receive payments
authorized under this title only during such periods as the
Foundation finds that the person is maintaining satisfactory
proficiency pursuant to regulations of the Board.
``(d) Reports on Research Internships.--The Foundation may
require reports containing such information in such form and
to be filed at such times as the Foundation determines to be
necessary from any person awarded a research internship under
this title. Such reports may be accompanied by a certificate
from an appropriate official at the institution of higher
education or internship employer, approved by the Foundation,
stating that such person is maintaining satisfactory progress
in the internship.''.
(e) Sustainable Investments of Funds.--Section 1408 of the
Barry Goldwater Scholarship and Excellence in Education Act
(20 U.S.C. 4707) is amended--
(1) in subsection (a), by striking ``subsection (d)'' and
inserting ``subsection (f)'';
(2) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Investment in Securities.--Notwithstanding subsection
(b), the Secretary of the Treasury may invest not more than
40 percent of the fund's assets in securities other than
public debt securities of the United States, if--
``(1) the Secretary receives a determination from the Board
that such investments are necessary to enable the Foundation
to carry out the purposes of this title; and
``(2) the securities in which such funds are invested are
traded in established United States markets.
``(d) Construction.--Nothing in this section shall be
construed to limit the authority of the Board to increase the
number of scholarships provided under section 1405, or to
increase the amount of the stipend authorized by section
1406, as the Board considers appropriate and is otherwise
consistent with the requirements of this title.''.
(f) Administrative Provisions.--Section 1411(a) of the
Barry Goldwater Scholarship and Excellence in Education Act
(20 U.S.C. 4710(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) appoint and fix the rates of basic pay of such
personnel (in addition to the Executive Secretary appointed
under section 1410) as may be necessary to carry out the
provisions of this chapter, without regard to the provisions
in chapter 33 of title 5, United States Code, governing
appointment in the competitive service or the provisions of
chapter 51 and subchapter III of chapter 53 of such title,
except that--
``(A) a rate of basic pay set under this paragraph may not
exceed the maximum rate provided for employees in grade GS-15
of the General Schedule under section 5332 of title 5, United
States Code; and
``(B) the employee shall be entitled to the applicable
locality-based comparability payment under section 5304 of
title 5, United States Code, subject to the applicable
limitation established under subsection (g) of such
section;'';
(2) in paragraph (2) by striking ``grade GS-18 under
section 5332 of such title'' and inserting ``level IV of the
Executive Schedule'';
(3) in paragraph (7), by striking ``and'' at the end;
(4) by redesignating paragraph (8) as paragraph (10); and
(5) by inserting after paragraph (7) the following:
``(8) expend not more than 5 percent of the Foundation's
annual operating budget on programs that, in addition to or
in conjunction with the Foundation's scholarship financial
awards, support the development of Barry Goldwater Scholars
and Barry Goldwater interns throughout their professional
careers;
``(9) expend not more than 5 percent of the Foundation's
annual operating budget to pay the costs associated with
fundraising activities, including public and private
gatherings; and''.
______
SA 4518. Mr. KELLY submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 379, line 17, insert ``currently under contract at
the installation and not'' after ``are not''.
______
SA 4519. Mr. TOOMEY (for himself, Mrs. Gillibrand, and Mr. Cramer)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF
THE NAMES OF THE LOST CREW MEMBERS OF THE
U.S.S. FRANK E. EVANS KILLED ON JUNE 3, 1969.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Defense shall
authorize the inclusion on the Vietnam Veterans Memorial Wall
in the District of Columbia of the names of the 74 crew
members of the U.S.S. Frank E. Evans killed on June 3, 1969.
(b) Required Consultation.--The Secretary of Defense shall
consult with the Secretary of the Interior, the American
Battlefield Monuments Commission, and other applicable
authorities with respect to any adjustments to the
nomenclature and placement of names pursuant to subsection
(a) to address any space limitations on the placement of
additional names on the Vietnam Veterans Memorial Wall.
(c) Nonapplicability of Commemorative Works Act.--Chapter
89 of title 40, United States Code (commonly known as the
``Commemorative Works Act''), shall not apply to any
activities carried out under subsection (a) or (b).
______
SA 4520. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. SUBMISSION TO CONGRESS OF DISSENT CABLES RELATING
TO WITHDRAWAL OF THE UNITED STATES ARMED FORCES
FROM AFGHANISTAN.
(a) Submission of Classified Dissent Cables to Congress.--
Not later than 30 days after the date of the enactment of
this Act, the Secretary of State shall submit to Congress any
classified Department of State cable or memo that expresses a
dissenting recommendation or opinion with respect to the
withdrawal of the United States Armed Forces from
Afghanistan.
(b) Public Availability of Unclassified Dissent Cables.--
Not later than 60 days after the date of the enactment of
this Act, the Secretary of State shall make available to the
public an unclassified version of any such cable or memo.
______
SA 4521. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1224. REPORT ON MALIGN INFLUENCE OF THE ISLAMIC REPUBLIC
OF IRAN.
(a) In General.-- Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
2027, the Secretary of Defense, in coordination with the
Secretary of State, the Director of National Intelligence,
and the Secretary of the Treasury, shall submit to the
appropriate committees of Congress a report on the activities
of the Islamic Republic of Iran, which is a designated state
sponsor of terrorism, with respect to the material,
technological, financial, or other support provided by the
Islamic Republic of Iran to the following:
(1) Shiite militias.
(2) Houthis in Yemen.
(3) Hezbollah.
(4) Hamas.
(5) The Palestinian Islamic Jihad.
(6) The Taliban.
[[Page S8044]]
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and
the Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Financial Services of the
House of Representatives.
______
SA 4522. Mr. PETERS submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. DEPARTMENT OF HOMELAND SECURITY OTHER TRANSACTION
AUTHORITY.
Section 831 of the Homeland Security Act of 2002 (6 U.S.C.
391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``September 30, 2017'' and inserting ``September 30, 2024'';
and
(B) by amending paragraph (2) to read as follows:
``(2) Prototype projects.--The Secretary--
``(A) may under the authority of paragraph (1), carry out
prototype projects under section 2371b of title 10, United
States Code; and
``(B) in applying the authorities of such section 2371b,
shall perform the functions of the Secretary of Defense as
prescribed in such section.'';
(2) in subsection (c)(1), in the matter preceding
subparagraph (A), by striking ``September 30, 2017'' and
inserting ``September 30, 2024''; and
(3) in subsection (d), by striking ``section 845(e)'' and
all that follows and inserting ``section 2371b(e) of title
10, United States Code.''.
______
SA 4523. Ms. SINEMA (for herself and Mr. Boozman) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. RECREATION PASSES.
Section 805 of the Federal Lands Recreation Enhancement Act
(Public Law 108-447; 118 Stat. 3385; 16 U.S.C. 6804) is
amended--
(1) in subsection (a)(4), by striking ``age and disability
discounted'' and inserting ``age discount and lifetime''; and
(2) in subsection (b)--
(A) in the heading, by striking ``Discounted'' and
inserting ``Free and Discounted'';
(B) in paragraph (2)--
(i) in the heading, by striking ``Disability discount'' and
inserting ``Lifetime passes''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Any veteran who provides adequate proof of military
service as determined by the Secretary.
``(C) Any member of a Gold Star Family who meets the
eligibility requirements of section 3.2 of Department of
Defense Instruction 1348.36 (or a successor instruction).'';
and
(C) in paragraph (3)--
(i) in the heading, by striking ``Gold star families parks
pass'' and inserting ``Annual passes''; and
(ii) by striking ``members of'' and all that follows
through the end of the sentence and inserting ``members of
the uniformed services and their dependents who provide
adequate proof of eligibility for such pass as determined by
the Secretary.''.
______
SA 4524. Mr. OSSOFF submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REPORT BY SECRETARY OF THE NAVY ON UNMANNED UNDERSEA
VEHICLES.
Not later than June 30, 2022, the Secretary of the Navy
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report that includes the following:
(1) Detailed plans of the Navy for basing Navy unmanned
undersea vehicles and planned or potential unmanned undersea
vehicle squadrons, including the infrastructure, personnel,
and logistical requirements for the testing, evaluation,
docking, and maintenance of such vehicles.
(2) An examination of the merits of locating the vehicles
and squadrons described in paragraph (1) at sites undergoing
retrofitting, renovation, and upgrades in support of the
transition from Ohio-class submarines to Columbia-class
submarines.
______
SA 4525. Mr. SCHATZ submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. RIGHTS FOR THE TSA WORKFORCE.
(a) Definitions.--In this section--
(1) the term ``2019 Determination'' means the publication
entitled ``Determination on Transportation Security Officers
and Collective Bargaining'', issued on July 13, 2019, by
Administrator David P. Pekoske;
(2) the term ``adjusted basic pay'' means--
(A) the rate of pay fixed by law or administrative action
for a position occupied by a covered employee, before any
deductions; and
(B) any regular, fixed supplemental payment for non-
overtime hours of work creditable as basic pay for retirement
purposes, including any applicable locality payment and any
special rate supplement;
(3) the term ``Administrator'' means the Administrator of
the Transportation Security Administration;
(4) the term ``conversion date'' means the date on which
subparagraphs (A) through (D) of subsection (b)(3) take
effect;
(5) the term ``covered employee'' means an employee who
occupies a covered position;
(6) the term ``covered position'' means a position within
the Transportation Security Administration;
(7) the term ``employee'' has the meaning given the term in
section 2105 of title 5, United States Code, which shall be
determined without regard to any provision of law cited in
paragraph (9);
(8) the term ``Secretary'' means the Secretary of Homeland
Security; and
(9) the term ``TSA personnel management system'' means any
personnel management system established or modified under--
(A) section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note); or
(B) section 114(n) of title 49, United States Code.
(b) Conversion of TSA Personnel.--
(1) Restrictions on certain personnel authorities.--
Notwithstanding any other provision of law, effective as of
the date of enactment of this Act--
(A) any TSA personnel management system in use for covered
employees and covered positions on the day before that date
of enactment, and any Transportation Security Administration
personnel management policy, letters, guideline, or directive
in effect on that day, may not be modified;
(B) no Transportation Security Administration personnel
management policy, letter, guideline, or directive that was
not established before that date issued under section 111(d)
of the Aviation and Transportation Security Act (49 U.S.C.
44935 note) or section 114(n) of title 49, United States
Code, may be established; and
(C) any authority to establish or adjust a human resources
management system under chapter 97 of title 5, United States
Code, shall terminate with respect to covered employees and
covered positions.
(2) Personnel authorities during transition period.--Any
TSA personnel management system in use for covered employees
and covered positions on the day before the date of enactment
of this Act and any Transportation Security Administration
personnel management policy, letter, guideline, or directive
in effect on the day before the date of enactment of this Act
shall remain in effect until the effective date under
paragraph (3).
(3) Transition to general personnel management system
applicable to civil service employees.--Effective as of a
date determined by the Secretary, but in no event later than
180 days after the date of enactment of this Act--
(A) each provision of law cited in subsection (a)(9) is
repealed;
(B) any Transportation Security Administration personnel
management policy, letter, guideline, or directive, including
the 2019 Determination, shall cease to be effective;
(C) any human resources management system established or
adjusted under chapter 97 of title 5, United States Code,
with respect to covered employees or covered positions shall
cease to be effective; and
[[Page S8045]]
(D) covered employees and covered positions shall be
subject to the provisions of title 5, United States Code.
(4) Safeguards on grievances.--In carrying out this
section, the Secretary shall take such actions as are
necessary to provide an opportunity to each covered employee
with a grievance or disciplinary action (including an adverse
action) pending within the Transportation Security
Administration on the date of enactment of this Act, or at
any time during the transition period described in paragraph
(3), to have that grievance removed to proceedings pursuant
to title 5, United States Code, or continued within the
Administration.
(c) Transition Rules.--
(1) Nonreduction in pay and compensation.--
(A) In general.--Subject to subparagraph (B), under pay
conversion rules as the Secretary may prescribe to carry out
this section, a covered employee converted from a TSA
personnel management system to the provisions of title 5,
United States Code, under subsection (b)(3)(D) shall not be
subject to any reduction in the rate of adjusted basic pay
payable, or total compensation provided, to that covered
employee.
(B) Federal air marshal service.--An employee of the
Federal Air Marshal Service converted from a TSA personnel
management system to the provisions of title 5, United States
Code, under subsection (b)(3)(D) shall be converted such that
the rate of adjusted basic pay payable to the employee is not
less than that rate for a position at GS-13 of the General
Schedule.
(2) Preservation of other rights.--With respect to each
covered employee, as of the conversion date, the Secretary
shall take any actions necessary to ensure that--
(A) any annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to the covered
employee, as of the day before the conversion date, shall
remain available to the covered employee until used; and
(B) the Government share of any premiums or other periodic
charges under chapter 89 of title 5, United States Code,
governing group health insurance shall be paid in an amount
that is not less than the amount paid for those premiums and
other periodic charges, as of the day before the conversion
date.
(3) GAO study on tsa pay rates.--Not later than 270 days
after the date of enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report on the differences in rates of pay, classified by pay
system, between Transportation Security Administration
employees--
(A) with duty stations in the contiguous 48 States; and
(B) with duty stations outside of the States described in
subparagraph (A), including those employees located in any
territory or possession of the United States.
(4) Rule of construction.--During the transition period
described in subsection (b)(3), and after the conversion
date, the Secretary shall ensure that the Transportation
Security Administration continues to prevent the appointment
of individuals who have been convicted of a sex crime, an
offense involving a minor, a crime of violence, or terrorism.
(d) Consultation Requirement.--
(1) Exclusive representative.--
(A) In general.--The labor organization certified by the
Federal Labor Relations Authority on June 29, 2011, or a
successor labor organization, shall be--
(i) treated as the exclusive representative of full- and
part-time non-supervisory personnel of the Transportation
Security Administration carrying out screening functions
under section 44901 of title 49, United States Code; and
(ii) the exclusive representative for the personnel
described in clause (i) under chapter 71 of title 5, United
States Code, with full rights under that chapter.
(B) Application.--Any collective bargaining agreement
covering the personnel described in subparagraph (A)(i) that
is in effect on the date of enactment of this Act shall
remain in effect, consistent with paragraph (4).
(2) Consultation rights.--
(A) In general.--Not later than 7 days after the date of
enactment of this Act, the Secretary shall consult with the
exclusive representative for the personnel described in
paragraph (1)(A)(i) under chapter 71 of title 5, United
States Code, as well as appropriate labor associations that
represent a substantial percentage of employees, on the
formulation of plans and deadlines to carry out the
conversion of covered employees and covered positions under
this section.
(B) Plans.--Before the conversion date, the Secretary shall
provide (in writing) to the exclusive representative and
labor associations described in subparagraph (A) the plans
for how the Secretary intends to carry out the conversion of
covered employees and covered positions under this section,
including with respect to such matters as--
(i) the anticipated conversion date; and
(ii) measures to ensure compliance with subsections (b) and
(c).
(3) Required agency response.--If any views or
recommendations are presented under paragraph (2) by the
exclusive representative, or the labor associations described
in that subsection, the Secretary shall--
(A) consider the views or recommendations before taking
final action on any matter with respect to which the views or
recommendations are presented; and
(B) provide the exclusive representative and those labor
associations a written statement of the reasons for the final
actions to be taken.
(4) Sunset provision.--The provisions of this subsection
shall cease to be effective as of the conversion date.
(e) No Right to Strike.-- Nothing in this section may be
considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States Code (relating
to disloyalty and asserting the right to strike against the
Government); or
(B) section 7311 of title 5, United States Code (relating
to loyalty and striking); or
(2) to otherwise authorize any activity that is not
permitted under either provision of law cited in paragraph
(1).
(f) Rule of Construction With Respect to Certain Crimes
Relating to Terrorism.--Nothing in this section may be
construed to contradict chapter 113B of title 18, United
States Code, including with respect to--
(1) section 2332b (relating to acts of terrorism
transcending national boundaries);
(2) section 2339 (relating to harboring or concealing
terrorists); and
(3) section 2339A (relating to providing material support
to terrorists).
(g) Report by GAO Regarding TSA Recruitment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the efforts of
the Administrator regarding recruitment, including
recruitment efforts relating to--
(A) veterans and the dependents of veterans; and
(B) members of the Armed Forces and the dependents of those
members.
(2) Contents.--The report required under paragraph (1)
shall include recommendations regarding how the Administrator
may improve the recruitment efforts described in that
paragraph.
(h) Sense of Congress.--It is the sense of Congress that--
(1) the personnel system of the Transportation Security
Administration provides insufficient benefits and workplace
protections to the workforce that secures the transportation
systems of the United States; and
(2) the workforce of the Transportation Security
Administration should be provided protections and benefits
under title 5, United States Code.
(i) Federal Air Marshal Service.--The Administrator shall--
(1) implement in-person or remote (by means of
telecommunications) mental health programs at each field
office of the Federal Air Marshal Service that offer, at a
minimum, confidential and direct psychiatric counseling; and
(2) consult with appropriate labor associations that
represent a substantial percentage of Federal Air Marshal
Service employees regarding, with respect to those
employees--
(A) mental health;
(B) suicide rates;
(C) morale and recruitment;
(D) equipment and training; and
(E) any other personnel issues the Administrator determines
appropriate.
(j) Veterans Hiring.--
(1) Definitions.--In this subsection, the terms ``disabled
veteran'', ``preference eligible'', and ``veteran'' have the
meanings given the terms in section 2108 of title 5, United
States Code.
(2) Prioritization.--The Secretary shall prioritize the
appointment of veterans, including disabled veterans, and
other preference eligibles, including widows and widowers of
veterans, to covered positions.
(l) Prevention and Protection Against Certain Illness.--The
Administrator, in coordination with the Director of the
Centers for Disease Control and Prevention and the Director
of the National Institute of Allergy and Infectious Diseases,
shall ensure that covered employees are provided proper
guidance regarding prevention and protections against
coronavirus, including appropriate resources.
______
SA 4526. Mr. SULLIVAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. BRIEFING ON SYNCHRONIZATION OF IMPLEMENTATION OF
PACIFIC DETERRENCE INITIATIVE AND EUROPEAN
DETERRENCE INITIATIVE.
(a) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Deputy Secretary of Defense
shall provide to the congressional defense committees a
briefing on the synchronization of the processes used to
implement the Pacific Deterrence Initiative with the
processes used to implement the European Deterrence
Initiative, including--
(1) the allocation of fiscal toplines in the program
objective memorandum process to
[[Page S8046]]
support such initiatives at the outset of process;
(2) the role of the combatant commanders in setting
requirements for such initiatives;
(3) the role of the military departments and other
components of the Armed Forces in proposing programmatic
options to meet such requirements; and
(4) the role of the combatant commanders, the military
departments and other components of the Armed Forces, the
Cost Assessment and Program Evaluation Office, and the Deputy
Secretary of Defense in adjudicating requirements and
programmatic options--
(A) before the submission of the program objective
memorandum for each such initiative; and
(B) during program review.
(b) Guidance.--In establishing program objective memorandum
guidance for fiscal year 2024, the Deputy Secretary of
Defense shall ensure that the processes used to implement the
Pacific Deterrence Initiative align with the processes used
to implement the European Deterrence Initiative, including
through the allocation of fiscal toplines for each such
initiative in the fiscal year 2024 process.
______
SA 4527. Mr. SULLIVAN (for himself and Mr. Whitehouse) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1054. REPORT ON SHARING OF ILLEGAL, UNREPORTED, AND
UNREGULATED (IUU) FISHING-RELATED INFORMATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees and the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on the ability and effectiveness
of, and barriers to, the Department of Defense related to the
dissemination and generation of IUU fishing-related
information, particularly related to the sharing of
Department of Defense information with other countries, State
and local governments, and private organizations.
(b) Elements.--The report required under subsection (a)
shall include--
(1) a description of the challenges resulting from, and
ways to overcome, classification and dissemination issues
related to the sharing of invaluable IUU fishing-related
information; and
(2) a description of the current and future planned use by
the Department of Defense of technology, including image
recognition algorithms, to combat IUU.
______
SA 4528. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. CBP DONATIONS ACCEPTANCE PROGRAM.
(a) Short Title.--This section may be cited as the ``CBP
Donations Acceptance Program Reauthorization Act''.
(b) Inclusion of Government-leased Land Ports of Entry;
Reauthorization.--Section 482 of the Homeland Security Act of
2002 (6 U.S.C. 301a) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by inserting ``or -leased'' before
``land'';
(B) in subparagraph (C), in the matter preceding clause
(i), by inserting ``or -leased'' before ``land''; and
(2) in subsection (b)(4)--
(A) in subparagraph (A), by striking ``terminate'' and all
that follows and inserting ``terminate on December 31,
2026.''; and
(B) in subparagraph (B), by striking ``carrying out'' and
all that follows and inserting ``a proposal accepted for
consideration by U.S. Customs and Border Protection pursuant
to this section or a prior pilot program before such
termination date.''.
(c) GAO Biennial Report.--
(1) In general.--The Comptroller General of the United
States shall submit a biennial report to Congress that
describes the activities of the CBP Donations Acceptance
Program authorized under section 482 of the Homeland Security
Act of 2002 (6 U.S.C. 301a).
(2) Sunset.--Paragraph (1) shall cease to be effective on
December 31, 2026.
______
SA 4529. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. PROHIBITION ON USE OF FUNDS FOR THE ARAB GAS
PIPELINE.
(a) In General.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2022 may be obligated or expended to implement
any activity relating to the construction, repair,
restoration, or assessment of the Arab Gas Pipeline.
(b) Certification.--The Secretary of State may waive the
application of subsection (a) if, not less than 30 days
before the date on which an activity described in that
subsection is proposed to commence, the Secretary of State
certifies to the appropriate committees of Congress in
writing that the implementation of the activity does not--
(1) knowingly provide significant financial, material, or
technological support to, or involve knowingly engaging in a
significant transaction with--
(A) the Government of Syria (including any entity owned or
controlled by the Government of Syria) or a senior political
figure of the Government of Syria;
(B) a foreign person who is a military contractor
mercenary, a paramilitary force knowingly operating in a
military capacity inside Syria for, or on behalf of, the
Government of Syria, the Government of the Russian
Federation, or the Government of Iran;
(C) a foreign person subject to sanctions pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) with respect to Syria or any other provision of law
that imposes sanctions with respect to Syria; or
(2) knowingly involve the sale or provision of significant
goods, services, technology, information, or other forms of
support that significantly facilitate the maintenance,
repair, or expansion of the Government of Syria's domestic
production of natural gas, petroleum, or petroleum products,
including pipelines that facilitate the transit of energy
into neighboring countries.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate committees of Congress a report that--
(1) details United States efforts to work with other
governments in the region to develop a plan for the
distribution of gas supplies to Lebanon in a manner that
reduces Lebanon's dependence on Iran;
(2) assesses the extent to which alternatives to the Arab
Gas Pipeline were pursued and considered feasible;
(3) includes a comprehensive overview of the key sources of
Lebanon's gas supply before 2020;
(4) the response of the Administration to fuel from Iran
entering Lebanon, particularly amid reports that additional
vessels have departed Iran; and
(5) a list of entities involved in the production and
transport of fuel from Syria to Lebanon in 2020 and 2021.
(d) Appropriate Committees of Congress Defined.--The term
``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
______
SA 4530. Mr. VAN HOLLEN (for himself and Mr. Sullivan) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Foreign Service Families Act of 2021
SECTION 1071. SHORT TITLE.
This subtitle may be cited as the ``Foreign Service
Families Act of 2021''.
SEC. 1072. TELECOMMUTING OPPORTUNITIES.
(a) DETO Policy.--
(1) In general.--Each Federal department and agency shall
establish a policy enumerating the circumstances under which
employees may be permitted to temporarily perform work
requirements and duties from approved overseas locations
where there is a related Foreign Service assignment pursuant
to an approved Domestically Employed Teleworking Overseas
(DETO) agreement.
(2) Participation.--The policy described under paragraph
(1) shall--
[[Page S8047]]
(A) ensure that telework does not diminish employee
performance or agency operations;
(B) require a written agreement that--
(i) is entered into between an agency manager and an
employee authorized to telework, that outlines the specific
work arrangement that is agreed to; and
(ii) is mandatory in order for any employee to participate
in telework;
(C) provide that an employee may not be authorized to
telework if the performance of that employee does not comply
with the terms of the written agreement between the agency
manager and that employee;
(D) except in emergency situations as determined by the
head of an agency, not apply to any employee of the agency
whose official duties require on a daily basis (every work
day)--
(i) direct handling of secure materials determined to be
inappropriate for telework by the agency head; or
(ii) on-site activity that cannot be handled remotely or at
an alternate worksite;
(E) be incorporated as part of the continuity of operations
plans of the agency in the event of an emergency; and
(F) enumerate the circumstances under which employees may
be permitted to temporarily perform work requirements and
duties from approved overseas locations.
(b) Access to ICASS System.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State
shall revise chapter 900 of volume 6 of the Foreign Affairs
Manual, the International Cooperative Administrative Support
Services Handbook, the Personnel Operations Handbook, and any
other relevant regulations to allow each Federal agency that
has enacted a policy under subsection (a) to have access to
the International Cooperative Administrative Support Services
(ICASS) system.
SEC. 1073. EMPLOYMENT AND EDUCATION PROGRAMS FOR ELIGIBLE
FAMILY MEMBERS OF MEMBERS OF THE FOREIGN
SERVICE.
Section 706(b) of the Foreign Service Act of 1980 (22
U.S.C. 4026(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``The Secretary may'' and inserting ``The
Secretary shall''; and
(B) by amending subparagraph (C) to read as follows:
``(C) establishing a program for assisting eligible family
members in accessing employment and education opportunities,
as appropriate, including by exercising the authorities, in
relevant part, under sections 1784 and 1784a of title 10,
United States Code, and subject to such regulations as the
Secretary may prescribe modeled after those prescribed
pursuant to subsection (b) of such section 1784.'';
(2) by redesignating paragraph (2) as paragraph (9);
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Secretary shall prescribe regulations--
``(A) to provide preference to eligible family members in
hiring for any civilian position in the Department,
notwithstanding the prohibition on marital discrimination
found in 5 U.S.C. 2302(b)(1)(E), if --
``(i) the eligible family member is among persons
determined to be best qualified for the position; and
``(ii) the position is located in the overseas country of
assignment of their sponsoring employee;
``(B) to ensure that notice of any vacant position in the
Department is provided in a manner reasonably designed to
reach eligible family members of sponsoring employees whose
permanent duty stations are in the same country as that in
which the position is located; and
``(C) to ensure that an eligible family member who applies
for a vacant position in the Department shall, to the extent
practicable, be considered for any such position located in
the same country as the permanent duty station of their
sponsoring employee.
``(3) Nothing in this section may be construed to provide
an eligible family member with entitlement or preference in
hiring over an individual who is preference eligible.
``(4) Under regulations prescribed by the Secretary, a
chief of mission may, consistent with all applicable laws and
regulations pertaining to the ICASS system, make available to
an eligible family member and a non-Department entity space
in an embassy or consulate for the purpose of the non-
Department entity providing employment-related training for
eligible family members.
``(5) The Secretary may work with the Director of the
Office of Personnel Management and the heads of other Federal
departments and agencies to expand and facilitate the use of
existing Federal programs and resources in support of
eligible family member employment.
``(6) The Secretary may--
``(A) develop partnerships with firms in the private sector
to enhance employment opportunities for eligible family
members and to provide for improved job portability for such
spouses, especially in the case of an eligible family member
accompanying a sponsoring employee to a new geographical area
because of a change of permanent duty station of the
sponsoring employee; and
``(B) work with the United States Chamber of Commerce and
other appropriate private-sector entities to facilitate the
formation of such partnerships.
``(7) The Secretary may prescribe regulations to
incorporate hiring preferences for eligible family members of
sponsoring employees into contracts between the Department
and private sector entities.
``(8)(A) The Secretary of State may enter into a
cooperative agreement with the Council of State Governments
to assist with funding of the development of interstate
compacts on licensed occupations in order to alleviate the
burden associated with relicensing in such an occupation by
an eligible family member in connection with a permanent
change of duty station of their sponsoring employee.
``(B) The total amount of assistance provided under
subparagraph (A) for all interstate compacts in any fiscal
year may not exceed $4,000,000.
``(C) The amount provided under subparagraph (A) as
assistance for the development of any particular interstate
compact may not exceed $1,000,000.
``(D) Not later than February 28 each year, the Secretary
shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report on interstate compacts described in
subparagraph (A) developed through assistance provided under
that subparagraph. Each report shall set forth the following:
``(i) Any interstate compact developed during the preceding
calendar year, including the occupational licenses covered by
such compact and the States agreeing to enter into such
compact.
``(ii) Any interstate compact developed during a prior
calendar year into which one or more additional States agreed
to enter during the preceding calendar year.
``(E) The authority to enter into a cooperative agreement
under subparagraph (A), and to provide assistance described
in that subparagraph pursuant to such cooperative agreement,
expire on September 30, 2024.''; and
(4) by adding after paragraph (9), as redesignated by
paragraph (2) of this subsection, the following new
paragraph:
``(10) In this subsection, the term `eligible family
member' refers to family members of government employees
assigned abroad or hired for service at their post of
residence who are appointed by the Secretary of State or the
Administrator of the United States Agency for International
Development pursuant to sections 102, 202, 303, and 311.''.
SEC. 1074. BRIEFING ON FOREIGN SERVICE FAMILY RESERVE CORPS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall brief
the appropriate congressional committees on the status of
implementation of the Foreign Service Family Reserve Corps.
(b) Elements.--The briefing required under subsection (a)
shall include the following elements:
(1) A description of the status of implementation of the
Foreign Service Family Reserve Corps (FSFRC).
(2) An assessment of the extent to which implementation was
impacted by the Department's hiring freeze and a detailed
explanation of the effect of any such impacts.
(3) A description of the status of implementation of a
hiring preference for the FSFRC.
(4) A detailed accounting of any individuals eligible for
membership in the FSFRC who were unable to begin working at a
new location as a result of being unable to transfer their
security clearance, including an assessment of whether they
would have been able to port their clearance as a member of
the FSFRC if the program had been fully implemented.
(5) An estimate of the number of individuals who are
eligible to join the FSFRC worldwide and the categories, as
detailed in the Under Secretary for Management's guidance
dated May 3, 2016, under which those individuals would
enroll.
(6) An estimate of the number of individuals who are
enrolled in the FSFRC worldwide and the categories, as
detailed in the Under Secretary for Management's guidance
dated May 3, 2016, under which those individuals enrolled.
(7) An estimate of the number of individuals who were
enrolled in each phase of the implementation of the FSFRC as
detailed in guidance issued by the Under Secretary for
Management.
(8) An estimate of the number of individuals enrolled in
the FSFRC who have successfully transferred a security
clearance to a new post since implementation of the program
began.
(9) An estimate of the number of individuals enrolled in
the FSFRC who have been unable to successfully transfer a
security clearance to a new post since implementation of the
program began.
(10) An estimate of the number of individuals who have
declined in writing to apply to the FSFRC.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 1075. TREATMENT OF FAMILY MEMBERS SEEKING POSITIONS
CUSTOMARILY FILLED BY FOREIGN SERVICE OFFICERS
OR FOREIGN NATIONAL EMPLOYEES.
Section 311 of the Foreign Service Act of 1980 (22 U.S.C.
3951) is amended by adding at the end the following:
[[Page S8048]]
``(e) The Secretary shall hold a family member of a
government employee described in subsection (a) seeking
employment in a position described in that subsection to the
same employment standards as those applicable to Foreign
Service officers, Foreign Service personnel, or foreign
national employees seeking the same or a substantially
similar position.''.
SEC. 1076. IN-STATE TUITION RATES FOR MEMBERS OF QUALIFYING
FEDERAL SERVICE.
(a) In General.--Section 135 of the Higher Education Act of
1965 (20 U.S.C. 1015d) is amended--
(1) in the section heading, by striking ``the armed forces
on active duty, spouses, and dependent children'' and
inserting ``qualifying federal service'';
(2) in subsection (a), by striking ``member of the armed
forces who is on active duty for a period of more than 30
days and'' and inserting ``member of a qualifying Federal
service'';
(3) in subsection (b), by striking ``member of the armed
forces'' and inserting ``member of a qualifying Federal
service''; and
(4) by striking subsection (d) and inserting the following:
``(d) Definitions.--In this section, the term `member of a
qualifying Federal service' means--
``(1) a member of the armed forces (as defined in section
101 of title 10, United States Code) who is on active duty
for a period of more than 30 days (as defined in section 101
of title 10, United States Code); or
``(2) a member of the Foreign Service (as defined in
section 103 of the Foreign Service Act of 1980 (22 U.S.C.
3903)) who is on active duty for a period of more than 30
days.''.
(b) Effective Date.--The amendments made under subsection
(a) shall take effect at each public institution of higher
education in a State that receives assistance under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the
first period of enrollment at such institution that begins
after July 1, 2021.
SEC. 1077. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES
AND TELEPHONE SERVICE CONTRACTS FOR CERTAIN
MEMBERS OF THE FOREIGN SERVICE.
(a) In General.--Chapter 9 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4081 et seq.) is amended by
adding at the end the following new section:
``SEC. 907. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE
LEASES AND TELEPHONE SERVICE CONTRACTS.
``The terms governing the termination of residential or
motor vehicle leases and telephone service contracts
described in sections 305 and 305A, respectively of the
Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956)
with respect to servicemembers who receive military orders
described in such Act shall apply in the same manner and to
the same extent to members of the Service who are posted
abroad at a Foreign Service post in accordance with this
Act.''.
(b) Clerical Amendment.--The table of contents in section 2
of the Foreign Service Act of 1980 is amended by inserting
after the item relating to section 906 the following new
item:
``Sec. 907. Termination of residential or motor vehicle leases and
telephone service contracts.''.
______
SA 4531. Mr. REED submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. TAXPAYER PROTECTIONS.
Section 9902(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended by adding at the end the following:
``(6) Taxpayer protections.--
``(A) In general.--The Secretary, in consultation with the
Secretary of the Treasury, as appropriate, may receive from a
covered entity that receives a financial assistance award
under this subsection a nonvoting warrant or nonvoting equity
interest in the covered entity, or a senior debt instrument
issued by the covered entity that, in the sole determination
of the Secretary, provides appropriate compensation to the
Federal Government for the provision of the financial
assistance award. The Secretary shall not exercise voting
power with respect to any warrant, equity interest, or senior
debt instrument received from a covered entity, including
common stock and preferred stock.
``(B) Terms and conditions.--The terms and conditions of
any warrant, equity interest, or senior debt instrument
received under subparagraph (A) shall be set by the Secretary
and shall meet the following requirements:
``(i) Purposes.--Such terms and conditions shall be
designed to provide for a reasonable participation by the
Secretary, for the benefit of taxpayers, in equity
appreciation in the case of a warrant or other equity
interest, or a reasonable interest rate premium, in the case
of a debt instrument.
``(ii) Authority to sell, exercise, or surrender.--For the
primary benefit of taxpayers, the Secretary may sell,
exercise, or surrender a warrant, equity interest, or any
senior debt instrument received from a covered entity. The
Secretary shall not exercise voting power with respect to any
warrant, equity interest, or senior debt instrument received
from a covered entity.
``(C) Transfer to treasury.--Dividend, interest, and
principal payments from a warrant, equity interest, or senior
debt instrument received from a covered entity, and proceeds
from the sale, exercise, or surrender of such a warrant,
equity interest, or senior debt instrument shall be paid into
the general fund of the Treasury for reduction of the public
debt.''.
______
SA 4532. Mr. HEINRICH (for himself, Mr. Lujan, and Mr. Padilla)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SECTION 1. RESCISSION OF SECRETARY OF HOMELAND SECURITY'S
WAIVER AUTHORITY TO EXPEDITE THE CONSTRUCTION
OF BARRIERS AND ROADS ALONG THE SOUTHWEST
BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208;
8 U.S.C. 1103 note) is amended by striking subsection (c).
______
SA 4533. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1054. REPORT ON THE HUMANITARIAN IMPACT OF THE GAZA
RESTRICTIONS AND THE FEASIBILITY OF ENDING THE
RESTRICTIONS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United
States, after consultation with the President, the Secretary
of State, the Secretary of Defense, the Administrator of the
United States Agency for International Development, and
appropriate representatives of the United Nations, the World
Bank, the European Union, and donor nations supporting
reconstruction efforts in Gaza, shall submit a report to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
regarding--
(1) whether the implementation of the Gaza Reconstruction
Mechanism is adhering to international dual-use standards;
(2) short-, medium-, and long-term solutions to address the
humanitarian and political crisis in Gaza;
(3) the economic, humanitarian, political, and
psychological impact of the restrictions on Palestinians in
Gaza and its impact on recovery and reconstruction efforts
following the Israeli airstrikes in May 2021;
(4) any arbitrary delays caused by extra Israeli
inspections;
(5) the feasibility of replacing the current inspection
mechanism at the border crossings in Gaza with an
international inspection mechanism of commercial and
humanitarian goods entering and exiting Gaza modeled after
the United Nations Verification and Inspection Mechanism for
Yemen;
(6) the feasibility of the United Nations, in consultation
with all key stakeholders, leading the facilitation and
inspection mechanisms of a new international agreement on
movement and access for Gaza, in a neutral and transparent
way that addresses humanitarian, economic, and legitimate
security concerns;
(7) the feasibility of docking United States boats in the
Port of Gaza, including an analysis of--
(A) relevant logistical requirements, such as boat size and
dock location; and
(B) navigating the legal and political restrictions through
the coordinated efforts of United Nations and United States
agencies operating in Gaza;
(8) the feasibility of sending United States Government
personnel into Gaza through a land or sea border, including
an analysis of--
[[Page S8049]]
(A) relevant logistical requirements, such as ports of
entry, and security accommodations; and
(B) navigating the legal and political restrictions through
the coordinated efforts of United Nations and United States
agencies operating in Gaza; and
(9) the feasibility of transporting Palestinians in United
States vehicles between the Erez Crossing in Gaza to the
United States Embassy in Jerusalem for appointments with
Embassy staff, including an analysis of--
(A) relevant logistical requirements and security
accommodations; and
(B) navigating the legal and political restrictions through
the coordinated efforts of Israeli authorities and United
Nations and United States agencies operating in Gaza.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
______
SA 4534. Mr. SANDERS (for himself and Mr. Markey) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1004. REDUCTION IN AMOUNT AUTHORIZED TO BE APPROPRIATED
FOR FISCAL YEAR 2022 BY THIS ACT.
(a) In General.--The amount authorized to be appropriated
for fiscal year 2022 by this Act is--
(1) the aggregate amount authorized to be appropriated for
fiscal year 2022 by this Act (other than for military
personnel and the Defense Health Program); minus
(2) the amount equal to 14 percent of the aggregate amount
described in paragraph (1).
(b) Allocation.--The reduction made by subsection (a) shall
apply on a pro rata basis among the accounts and funds for
which amounts are authorized to be appropriated by this Act
(other than military personnel and the Defense Health
Program), and shall be applied on a pro rata basis across
each program, project, and activity funded by the account or
fund concerned.
______
SA 4535. Mr. SANDERS (for himself and Mr. Markey) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. PROHIBITION ON SUPPORT OR MILITARY PARTICIPATION
IN SAUDI-LED OPERATIONS IN YEMEN.
(a) Prohibition on Support.--None of the funds authorized
to be appropriated or otherwise made available by this Act
may be made available to provide the following forms of
United States support to the Saudi-led coalition's operations
in Yemen:
(1) Sharing intelligence for the purpose of enabling
offensive coalition strikes.
(2) Providing logistical support for coalition strikes that
prolong and deepen the conflict in Yemen, including by
providing maintenance or transferring spare parts to
coalition members flying warplanes engaged in military
strikes in Yemen.
(b) Prohibition on Military Participation.--None of the
funds authorized to be appropriated or otherwise made
available by this Act may be made available for any civilian
or military personnel of the Department of Defense to
command, coordinate, participate in the movement of, or
accompany the regular or irregular military forces of the
Saudi and United Arab Emirates-led coalition forces in Yemen
or in situations in which there exists an imminent threat
that such coalition forces become engaged in such
hostilities, unless and until the President has obtained
specific statutory authorization, in accordance with section
8(a) of the War Powers Resolution (50 U.S.C. 1547(a)).
(c) Rule of Construction.--The prohibitions under this
section may not be construed to apply with respect to United
States Armed Forces engaged in operations directed at al
Qaeda or associated forces.
______
SA 4536. Mr. SANDERS (for himself and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1004. DEPARTMENT OF DEFENSE SPENDING REDUCTIONS IN THE
ABSENCE OF AN UNQUALIFIED AUDIT OPINION.
If during any fiscal year after fiscal year 2022, the
Secretary of Defense determines that a department, agency, or
other element of the Department of Defense has not achieved
an unqualified opinion on its full financial statements for
the calendar year ending during such fiscal year--
(1) the amount available to such department, agency, or
element for the fiscal year in which such determination is
made shall be equal to the amount otherwise authorized to be
appropriated minus 1.0 percent;
(2) the amount unavailable to such department, agency, or
element for that fiscal year pursuant to paragraph (1) shall
be applied on a pro rata basis against each program, project,
and activity of such department, agency, or element in that
fiscal year; and
(3) the Secretary shall deposit in the general fund of the
Treasury for purposes of deficit reduction all amounts
unavailable to departments, agencies, and elements of the
Department in the fiscal year pursuant to determinations made
under paragraph (1).
______
SA 4537. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. BRIEFING ON UNITED STATES-INDIA JOINT DEFENSE AND
RELATED INDUSTRIAL AND TECHNOLOGY RESEARCH AND
DEVELOPMENT.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the appropriate committees of Congress a briefing
on joint defense and related industrial and technology
research and development and personnel exchange opportunities
between the United States and India.
(b) Matters To Be Included.--The briefing under subsection
(a) shall include the following:
(1) A status update on the Defense Technology and Trade
Initiative and its efforts to increase private sector
industrial cooperation.
(2) An assessment of whether additional funds are necessary
for the Defense Technology and Trade Initiative for seed
funding and personnel exchanges.
(3) An assessment of whether the Israel-U.S. Binational
Industrial Research and Development Foundation and Fund
provides a model for United States and India private sector
collaboration on defense and critical technologies.
(4) A status update on the collaboration between the
Department of Defense Innovation Unit and the Innovations for
Defence Excellence program of the Ministry of Defence of
India to enhance the capacity of the Department of Defense
and Ministry of Defence of India to identify and source
solutions to military requirements by accessing cutting-edge
commercial technology through nontraditional processes.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
______
SA 4538. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. ___. EDUCATIONAL ASSISTANCE FOR PURSUIT OF PROGRAMS OF
EDUCATION IN CYBERSECURITY.
(a) Program Required.--The Secretary of Defense shall,
acting through the Director of Operational Test and
Evaluation, carry out a program on the provision of
educational assistance to individuals for the pursuit of a
programs of education in the field of cybersecurity in
support of Department of Defense requirements and in order to
create a talent pipeline for the cyber testing and evaluation
workforce capable of improving confidence in the operational
effectiveness, suitability, and survivability of software-
enabled and cyber physical systems.
[[Page S8050]]
(b) Requirements.--In providing educational assistance
under subsection (a), the Secretary shall ensure that the
educational assistance is provided for programs of education
that lead to a degree or certification in a cybersecurity
field from an institution of higher education, including a
community college.
(c) Funding.--
(1) Additional amount.--The amount authorized to be
appropriated for fiscal year 2022 by section 201 for
research, development, test, and evaluation is hereby
increased by $3,000,000, with the amount of the increase to
be available for Life Fire Test and Evaluation (PE
0605131OTE).
(2) Availability.--The amount available under paragraph (1)
shall be available to carry out the program required by
subsection (a).
(3) Offset.--The amount authorized to be appropriated for
fiscal year 2022 by section 101 for procurement is hereby
decreased by $3,000,000, with the amount of the decrease to
be taken from amounts available for Procurement of Ammo, Navy
& Marine Corps, General Purpose Bombs.
______
SA 4539. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1264. ANNUAL REPORT ON SURVEILLANCE SALES TO REPRESSIVE
GOVERNMENTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter until
2040, the Secretary of State, in coordination with the
Director of National Intelligence and the Secretary of
Defense, shall submit to the Committee on Foreign Relations
and the Select Committee on Intelligence of the Senate and
the Committee on Foreign Affairs and the Permanent Select
Committee on Intelligence of the House of Representatives a
report with respect to foreign persons that the Secretary of
State determines--
(1) have operated, sold, leased, or otherwise provided,
directly or indirectly, items or services related to targeted
digital surveillance with knowledge of, or disregard for,
potential human rights concerns to--
(A) a foreign government or entity located primarily inside
a foreign country where a reasonable person would assess that
such transfer could result in a use of the items or services
in a manner contrary to human rights; or
(B) a country including any governmental unit thereof,
entity, or other person determined by the Secretary of State
in a notice published in the Federal Register to have used
items or services for targeted digital surveillance in a
manner contrary to human rights; or
(2) have materially assisted, sponsored, or provided
financial, material, or technological support for, or items
or services to or in support of, the activities described in
paragraph (1).
(b) Matters to Be Included.--Each report required by
subsection (a) shall include the following for the preceding
one-year period:
(1) The name of each foreign person with respect to which
the Secretary has made a determination under paragraph (1) or
(2) of subsection (a).
(2) The name of each intended and actual recipient of items
or services described in subsection (a).
(3) A detailed description of such items or services.
(4) An identification of such items and services that could
provide the Government of the People's Republic of China with
a critical capability to suppress basic human rights,
including items and services that provide the capability--
(A) to conduct surveillance;
(B) to monitor and restrict an individual's movement;
(C) to monitor and restrict access to the internet; or
(D) to identify individuals through facial or voice
recognition.
(5) An analysis of whether the inclusion of the persons
named under paragraph (1) on the entity list maintained by
the Bureau of Industry and Security is appropriate.
(c) Consultation.--In compiling data and making assessments
for the purpose of preparing a report required by subsection
(a), the Secretary of State shall consult with a wide range
of organizations, including with respect to--
(1) classified and unclassified information provided by the
Director of National Intelligence;
(2) information provided by the Bureau of Democracy, Human
Rights, and Labor's Internet Freedom, Business and Human
Rights section;
(3) information provided by the Department of Commerce,
including the Bureau of Industry and Security;
(4) information provided by the advisory committees
established by the Secretary of State to advise the Under
Secretary of Commerce for Industry and Security on controls
under the Export Administration Regulations, including the
Emerging Technology and Research Advisory Committee; and
(5) information on human rights and technology matters, as
solicited from civil society and human rights organizations
through regular consultation processes; and
(6) information contained in the country reports on human
rights practices published annually by the Department of
State.
(d) Form.--Each report required by subsection (a) shall be
submitted in unclassified form and may include a classified
annex.
(e) Public Availability.--Not later than 14 days after the
date on which each report required by subsection (a) is
submitted to Congress, the President shall post the report on
a text-based, searchable, and publicly available internet
website.
(f) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(2) In a manner contrary to human rights.--The term ``in a
manner contrary to human rights'', with respect to targeted
digital surveillance, means engaging in targeted digital
surveillance--
(A) in violation of basic human rights, including to
silence dissent, sanction criticism, punish independent
reporting (and sources for that reporting), manipulate or
interfere with democratic or electoral processes, persecute
minorities or vulnerable groups, or target advocates or
practitioners of human rights and democratic rights
(including activists, journalists, artists, minority
communities, or opposition politicians); or
(B) in a country lacking a minimum legal framework
governing the use of targeted digital surveillance, including
established--
(i) authorization under laws that are accessible, precise,
and available to the public;
(ii) constraints limiting the use of targeted digital
surveillance under principles of necessity, proportionality,
and legitimacy;
(iii) oversight by entities independent of the government's
executive agencies;
(iv) involvement of an independent and impartial judiciary
branch in authorizing the use of targeted digital
surveillance; or
(v) legal remedies in case of abuse.
(3) Targeted digital surveillance.--The term ``targeted
digital surveillance'' means the use of items or services
that enable an individual or entity to detect, monitor,
intercept, collect, exploit, preserve, protect, transmit,
retain, or otherwise gain access to the communications,
protected information, work product, browsing data, research,
identifying information, location history, or online and
offline activities of other individuals, organizations, or
entities, with or without the explicit authorization of such
individuals, organizations, or entities.
______
SA 4540. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 565, strike lines 6 and 7, and insert the
following:
(C) in paragraph (5)--
(i) by striking ``fiscal year 2021'' and inserting ``fiscal
year 2022''; and
(ii) by striking ``$75,000,000'' and inserting
``$125,000,000'';
In the funding table in section 4301, for Operation and
Maintenance, Defense-wide relating to Administrative and
Service-Wide Activities, in the item relating to the Defense
Security Cooperation Agency, Increase to Ukraine Security
Assistance Initiative, strike the amount in the Senate
Authorized column and insert ``[100,000]''.
In the funding table in section 4301, for Operation and
Maintenance, Defense-wide relating to Subtotal Administrative
and Service-Wide Activities, strike the amount in the Senate
Authorized column and insert ``35,080,256''.
In the funding table in section 4301, for Operation and
Maintenance, Defense-wide relating to Total Operation and
Maintenance, Defense-Wide, strike the amount in the Senate
Authorized column and insert ``45,129,862''.
In the funding table in section 4301 for Operation and
Maintenance, Defense-wide relating to Afghanistan Security
Forces Fund, Afghan Air Force, [Sustainment], strike the
amount in the Senate Authorized column and insert
``512,056''.
In the funding table in section 4301 for Operation and
Maintenance, Defense-wide relating to Afghanistan Security
Forces Fund, Afghan Air Force, Subtotal Afghan Air Force,
strike the amount in the Senate Authorized column and insert
``467,331''.
In the funding table in section 4301 for Operation and
Maintenance, Defense-wide relating to Afghanistan Security
Forces Fund, Total Afghanistan Security Forces Fund, strike
the amount in the Senate Authorized column and insert
``3,277,810''.
______
SA 4541. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
[[Page S8051]]
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In section 511, strike subsection (g) and insert the
following:
(g) Separate Vote Requirement for Induction of Men and
Women.--
(1) Findings.--Congress makes the following findings:
(A) Clause 12 of section 8 of article I of the Constitution
of the United States empowers Congress with the
responsibility to ``raise and support Armies''.
(B) The United States first required military conscription
in the American Civil War under the Civil War Military Draft
Act of 1863.
(C) The Selective Services Act of 1917 authorized the
President to draft additional forces beyond the volunteer
force to support exceedingly high demand for additional
forces when the U.S. entered the first World War.
(D) The Selective Training and Service Act of 1940 was the
first authorization by Congress for conscription in peacetime
but limited the President's induction authority to ``no
greater number of men than the Congress shall hereafter make
specific appropriation for from time to time''.
(E) Congress allowed induction authority to lapse in 1947.
(F) Congress reinstated the President's induction authority
under the Selective Service Act of 1948 to raise troops for
United States participation in the Korean War.
(G) Congress maintained the President's induction authority
under the Selective Service Act of 1948 through the beginning
of the Vietnam War.
(H) Congress passed additional reforms to the draft under
the Military Selective Service Act of 1967 in response to
issues arising from United States engagement in the Vietnam
War.
(I) Congress prohibited any further use of the draft after
July 1, 1973.
(J) If a president seeks to reactivate the use of the
draft, Congress would have to enact a law providing
authorization for this purpose
(2) Amendment.--Section 17 of the Military Selective
Service Act (50 U.S.C. 3815) is amended by adding at the end
the following new subsection: Section 17 of the Military
Selective Service Act (50 U.S.C. 3815) is amended by adding
at the end the following new subsection:
``(d) No person shall be inducted for training and service
in the Armed Forces unless Congress first passes and there is
enacted--
``(1) a law expressly authorizing such induction into
service; and
``(2) a law authorizing separately--
``(A) the number of male persons subject to such induction
into service; and
``(B) the number of female persons subject to such
induction into service.''.
(h) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
except that the amendments made by subsections (d) and (g)
shall take effect 1 year after such date of enactment.
______
SA 4542. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 511.
______
SA 4543. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In section 511(d)(4), strike the period at the end of
subparagraph (B)(ii) and insert the following: ``; and
(C) by adding at the end the following new subsection:
``(p) No person may be inducted for training and service
under this title if such person--
``(1) has a dependent child and the other parent of the
dependent child has been inducted for training or service
under this title unless the person volunteers for such
induction; or
``(2) has a dependent child who has no other living
parent.''.
______
SA 4544. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In section 511, strike subsection (g) and insert the
following:
(g) Enactment of Authorization Required for Draft.--
(1) Findings.--Congress makes the following findings:
(A) Clause 12 of section 8 of article I of the Constitution
of the United States empowers Congress with the
responsibility to ``raise and support Armies''.
(B) The United States first required military conscription
in the American Civil War under the Civil War Military Draft
Act of 1863.
(C) The Selective Services Act of 1917 authorized the
President to draft additional forces beyond the volunteer
force to support exceedingly high demand for additional
forces when the U.S. entered the first World War.
(D) The Selective Training and Service Act of 1940 was the
first authorization by Congress for conscription in peacetime
but limited the President's induction authority to ``no
greater number of men than the Congress shall hereafter make
specific appropriation for from time to time''.
(E) Congress allowed induction authority to lapse in 1947.
(F) Congress reinstated the President's induction authority
under the Selective Service Act of 1948 to raise troops for
United States participation in the Korean War.
(G) Congress maintained the President's induction authority
under the Selective Service Act of 1948 through the beginning
of the Vietnam War.
(H) Congress passed additional reforms to the draft under
the Military Selective Service Act of 1967 in response to
issues arising from United States engagement in the Vietnam
War.
(I) Congress prohibited any further use of the draft after
July 1, 1973.
(J) If a president seeks to reactivate the use of the
draft, Congress would have to enact a law providing
authorization for this purpose
(2) Amendment.--Section 17 of the Military Selective
Service Act (50 U.S.C. 3815) is amended by adding at the end
the following new subsection:
``(d) No person shall be inducted for training and service
in the Armed Forces unless Congress first passes and there is
enacted a law expressly authorizing such induction into
service and specifying the total number of persons that may
be so inducted.''.
(h) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
except that the amendments made by subsections (d) and (g)
shall take effect 1 year after such date of enactment.
______
SA 4545. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. ADVERSE INFORMATION IN CASES OF TRAFFICKING.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended by inserting after section 605B the
following:
``Sec. 605C Adverse information in cases of trafficking
``(a) Definitions.--In this section:
``(1) Trafficking documentation.--The term `trafficking
documentation' means--
``(A) documentation of--
``(i) a determination by a Federal or State governmental
entity that a consumer is a victim of trafficking; or
``(ii) a determination by a court of competent jurisdiction
that a consumer is a victim of trafficking; and
``(B) documentation that identifies items of adverse
information that should not be furnished by a consumer
reporting agency because the items resulted from the severe
form of trafficking in persons or sex trafficking of which
the consumer is a victim.
``(2) Victim of trafficking.--The term `victim of
trafficking' means a person who is a victim of a severe form
of trafficking in persons or sex trafficking, as those terms
are defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
``(b) Adverse Information.--A consumer reporting agency may
not furnish a consumer report containing any adverse item of
information about a consumer that resulted from a severe form
of trafficking in persons or sex trafficking if the consumer
has provided trafficking documentation to the consumer
reporting agency.
[[Page S8052]]
``(c) Rulemaking.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Director shall
promulgate regulations to implement subsection (a).
``(2) Contents.--The regulations issued pursuant to
paragraph (1) shall establish a method by which consumers
shall submit trafficking documentation to consumer reporting
agencies.''.
(b) Table of Contents Amendment.--The table of contents of
the Fair Credit Reporting Act is amended by inserting after
the item relating to section 605B the following:
``605C. Adverse information in cases of trafficking.''.
(c) Effective Date.--The amendments made by this section
shall apply on the date that is 30 days after the date on
which the Director of the Bureau of Consumer Financial
Protection issues a rule pursuant to section 605C(c) of the
Fair Credit Reporting Act, as added by subsection (a) of this
section. Any rule issued by the Director to implement such
section 605C shall be limited to preventing a consumer
reporting agency from furnishing a consumer report containing
any adverse item of information about a consumer that
resulted from trafficking.
______
SA 4546. Mr. MERKLEY (for himself and Mr. Young) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. CONTINGENCY PLAN RELATING TO FLOATING OIL STORAGE
AND OFFLOADING VESSEL SAFER.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the condition of the floating storage and offloading
vessel (FSO) Safer in the port of Hodeidah in Yemen poses a
significant threat to the economic, ecological, and
humanitarian environment of the countries bordering the Red
Sea;
(2) the Houthis have repeatedly obstructed efforts by the
international community, including the United Nations, to
inspect and repair the FSO Safer;
(3) a spill of the nearly 1,000,000 barrels of crude oil
contained in the FSO Safer, four times the amount spilled in
the Exxon Valdez disaster in 1989, would result in
devastating ecological damage to the unique environment of
the Red Sea, and would profoundly damage fishing industries
along both sides of the Red Sea Coast, especially in Yemen;
(4) a spill from the FSO Safer would--
(A) block a vital shipping lane through which 10 percent of
annual trade transits; and
(B) disrupt international trade during a time in which
countries around the world continue efforts to recover from
the COVID-19 pandemic;
(5) the people of Yemen continue to face dire
circumstances, and such circumstances would be exacerbated by
a spill from the FSO Safer because such a spill would close
of the port of Hodeidah, through which \2/3\ of Yemen's food
is transferred, and result in the potential for widespread
famine and malnutrition; and
(6) Congress should encourage the efforts of various
parties, including the United Nations and other regional
stakeholders, to resolve the dangerous situation posed by the
FSO Safer and find a lasting solution to the crisis,
including by contributing financially to efforts--
(A) to prevent an oil spill from the FSO Safer; and
(B) in the event of such a spill, to mitigate the effects
of the spill.
(b) Contingency Plan.--
(1) Interagency working group.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
State shall establish an interagency working group consisting
of representatives of relevant Federal agencies, including
the Department of Defense, the United States Mission to the
United Nations, the United States Agency for International
Development, and the Federal Emergency Management Agency, to
develop a contingency plan to be implemented in the event a
crude oil leak from, or an explosion on, the FSO Safer.
(2) Report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and
representatives of the interagency working group established
under paragraph (1) shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report on the status of the
contingency plan developed under that paragraph that
describes--
(i) the options available to the United States Government
for mitigating the economic, ecological, and humanitarian
crises that would result from a disaster related to the FSO
Safer; and
(ii) the steps already taken by the United States
Government and international and regional stakeholders--
(I) to encourage a diplomatic solution to the situation;
and
(II) to prepare for the eventuality that a disaster may
occur before such a solution is reached.
______
SA 4547. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in title X, insert the following:
SEC. 10__. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL
EXPERTS TO PROMOTE AND PROTECT NATIONAL
SECURITY INNOVATION BASE.
(a) Special Immigrant Status.--In accordance with the
procedures established under subsection (f)(1), and subject
to the numerical limitations under subsection (c)(1), the
Secretary of Homeland Security may provide an alien described
in subsection (b) (and the spouse and children of the alien
if accompanying or following to join the alien) with the
status of a special immigrant under section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if
the alien--
(1) submits a classification petition under section
204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
(2) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence.
(b) Aliens Described.--An alien is described in this
subsection if--
(1) the alien--
(A) is employed by a United States employer and engaged in
work to promote and protect the National Security Innovation
Base;
(B) is engaged in basic or applied research, funded by the
Department of Defense, through a United States institution of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)); or
(C) possesses scientific or technical expertise that will
advance the development of critical technologies identified
in the National Defense Strategy or the National Defense
Science and Technology Strategy, required by section 218 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1679); and
(2) the Secretary of Defense issues a written statement to
the Secretary of Homeland Security confirming that the
admission of the alien is essential to advancing the
research, development, testing, or evaluation of critical
technologies described in paragraph (1)(C) or otherwise
serves national security interests.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section
may not exceed--
(A) 10 in each of fiscal years 2022 through 2030; and
(B) 100 in fiscal year 2031 and each fiscal year
thereafter.
(2) Exclusion from numerical limitation.--Aliens provided
special immigrant status under this section shall not be
counted against the numerical limitations under sections
201(d), 202(a), and 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(d) Defense Competition for Scientists and Technical
Experts.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop
and implement a process to select, on a competitive basis
from among individuals described in subsection (b),
individuals for recommendation to the Secretary of Homeland
Security for special immigrant status under subsection (a).
(e) Authorities.--In carrying out this section, the
Secretary of Defense shall authorize appropriate personnel of
the Department of Defense to use all personnel and management
authorities available to the Department, including--
(1) the personnel and management authorities provided to
the science and technology reinvention laboratories;
(2) the Major Range and Test Facility Base (as defined in
196(i) of title 10, United States Code); and
(3) the Defense Advanced Research Projects Agency.
(f) Procedures.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Security
and Secretary of Defense shall jointly establish policies and
procedures implementing this section, which shall include
procedures for--
(1) processing of petitions for classification submitted
under subsection (a)(1) and applications for an immigrant
visa or adjustment of status, as applicable; and
(2) thorough processing of any required security
clearances.
(g) Fees.--The Secretary of Homeland Security shall
establish a fee--
(1) to be charged and collected to process an application
filed under this section; and
[[Page S8053]]
(2) that is set at a level that will ensure recovery of the
full costs of such processing and any additional costs
associated with the administration of the fees collected.
(h) Implementation Report Required.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Homeland Security and Secretary of Defense shall
jointly submit to the appropriate committees of Congress a
report that includes--
(1) a plan for implementing the authorities provided under
this section; and
(2) identification of any additional authorities that may
be required to assist the Secretaries in fully implementing
this section.
(i) Program Evaluation and Report.--
(1) Evaluation.--The Comptroller General of the United
States shall conduct an evaluation of the competitive program
and special immigrant program described in subsections (a)
through (g).
(2) Report.--Not later than October 1, 2026, the
Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the
evaluation conducted under paragraph (1).
(j) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
the Judiciary of the Senate; and
(B) the Committee on Armed Services and the Committee on
the Judiciary of the House of Representatives.
(2) National security innovation base.--The term ``National
Security Innovation Base'' means the network of persons and
organizations, including Federal agencies, institutions of
higher education, federally funded research and development
centers, defense industrial base entities, nonprofit
organizations, commercial entities, and venture capital firms
that are engaged in the military and nonmilitary research,
development, funding, and production of innovative
technologies that support the national security of the United
States.
______
SA 4548. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 744. DELAY OF COVID-19 VACCINE MANDATE FOR MEMBERS OF
THE ARMED FORCES AND ADDITIONAL REQUIREMENTS
RELATING TO RELIGIOUS ACCOMMODATIONS.
(a) Delay of Vaccine Mandate.--The Secretary of Defense may
not require members of the Armed Forces to receive the
vaccination for coronavirus disease 2019 (commonly known as
``COVID-19'') or penalize such members for not receiving such
vaccine until the date on which all religious and medical
accommodation requests filed before December 1, 2022, seeking
an exemption from such a requirement have been individually
evaluated with a final determination and all appeal processes
in connection with any such requests have been exhausted.
(b) Private Right of Action Relating to COVID-19
Vaccination.--A member of the Armed Forces whose religious
accommodation request relating to the vaccination for
coronavirus disease 2019 is denied without written
individualized consideration or consultation with the Office
of the Chief of Chaplains for the military department
concerned to confirm that there is a compelling interest in
having the member receive such vaccination and that mandating
vaccination is the least restrictive means of furthering that
interest shall have a cause of action for financial damages
caused by the harm to their military career, retirement, or
benefits.
(c) Consultation With Offices of Chief of Chaplains
Regarding Religious Accommodations.--
(1) In general.--The final accommodation authority for each
military department shall consult with the Office of the
Chief of Chaplains for the military department concerned
before denying any religious accommodation request.
(2) Procedures for religious exemption requests.--The
Secretary of Defense shall consult with the members of the
Armed Forces Chaplains Board in determining the general
procedure for processing religious exemption requests.
(3) Determinations relating to religious belief or
conscience.--No determinations shall be made regarding the
sincerity of the religious belief or conscience of a member
of the Armed Forces by the final accommodation authority
without the documented consultation of a chaplain with the
member.
(d) Inspector General Investigation Regarding Religious
Accommodations for COVID-19 Vaccination Mandate.--Not later
than 60 days after the date of the enactment of this Act, the
Inspector General of the Department of Defense shall complete
an investigation into whether each of the military
departments has complied with Federal law (including the
Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb
et seq.)), Department of Defense Instruction 1300.17, and
other policies of the military departments relevant to
determining religious accommodations for the requirement that
members of the Armed Forces receive the vaccination for
coronavirus disease 2019.
______
SA 4549. Mr. TUBERVILLE submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title XXXI, add the following:
SEC. 3157. PRESERVATION AND STORAGE OF URANIUM-233 TO FOSTER
DEVELOPMENT OF THORIUM MOLTEN-SALT REACTORS.
(a) Findings.--Congress makes the following findings:
(1) Thorium molten-salt reactor technology was originally
developed in the United States, primarily at the Oak Ridge
National Laboratory in the State of Tennessee.
(2) Before the cancellation of the program in 1976, the
technology developed at the Oak Ridge National Laboratory was
moving steadily toward efficient utilization of the natural
thorium energy resource, which exists in substantial amounts
in many parts of the United States and around the world.
(3) The People's Republic of China is known to be pursuing
the development of molten salt reactor technology based on a
thorium fuel cycle.
(4) Thorium itself is not fissile, but fertile, and
requires a fissile material to begin a nuclear chain
reaction.
(5) Uranium-233, derived from neutron absorption by natural
thorium, is the ideal candidate for the fissile component of
a thorium reactor, and is the only fissile material candidate
that can minimize the production of long-lived transuranic
elements, which have proven a great challenge to the geologic
disposal of existing spent nuclear fuel.
(6) Geologic disposal of spent nuclear fuel from
conventional nuclear reactors continues to pose severe
political and technical challenges, and costs the United
States taxpayer more than $500,000,000 annually in court-
mandated awards to utilities.
(7) The United States possesses the largest inventory of
uranium-233 in the world, aggregated at the Oak Ridge
National Laboratory.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is in the best economic and national security
interests of the United States to resume development of
highly efficient thorium molten-salt reactors that can
minimize transuranic waste production, in consideration of
the pursuit by the People's Republic of China of thorium
molten-salt reactors and associated cooperative research
agreements with United States national laboratories;
(2) that the development of highly efficient thorium
molten-salt reactors is consistent with section 1261 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 2060), which
declared long-term strategic competition with the People's
Republic of China as ``a principal priority for the United
States''; and
(3) to resume such development, it is necessary to preserve
as much of the uranium-233 remaining at Oak Ridge National
Laboratory as possible.
(c) Preservation and Storage of Uranium-233.--
(1) In general.--The Secretary of Energy shall seek every
opportunity to preserve separated uranium-233, with the goal
of fostering development of thorium molten-salt reactors by
United States industry.
(2) Downblending and disposal of certain uranium.--The
Secretary may provide for the downblending and disposal of
uranium-233 determined by industry experts not to be valuable
for research and development of thorium molten-salt reactors
or technology implementation.
(d) Interagency Cooperation.--The Secretary of Energy, the
Secretary of the Army (including the head of the Army Reactor
Office), the Secretary of Transportation, the Tennessee
Valley Authority, and other relevant agencies shall--
(1) work together to preserve uranium-233;
(2) if necessary, expedite transfers of uranium-233 between
the Department of Energy and the Department of Defense; and
(3) seek the assistance of appropriate industrial or
medical entities.
(e) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Energy
shall submit to the congressional defense committees a report
that includes the following:
(1) Details of the separated U-233 inventory that is most
feasible for immediate or near-term transfer.
(2) The costs of constructing or modifying a suitable
category I facility for the secure, permanent storage of the
U-233 inventory.
(3) A pathway for National Asset Material designation.
[[Page S8054]]
(4) A description of the scope for such a facility that
would enable secure access to the nuclear material for
research and development of thorium fuel cycle reactors, for
defense and civilian applications, as well as for medical
isotope extraction and processing, including by developing
such a facility through public-private partnerships.
(5) An assessment of whether the Secretary should transfer
the ownership of U-233 from the Office of Environmental
Management to the Office of Nuclear Energy.
(6) An assessment of the ability of the Department of
Energy to transfer the inventory of U-233 that the Secretary
determines is most feasible for immediate or near-term
transfer to the Y-12 National Security Complex, Oak Ridge,
Tennessee, for secure interim storage.
(7) The feasibility of the National Nuclear Security
Administration providing for the secure storage of the
inventory of U-233 within the Y-12 National Security Complex
or another suitable location within the nuclear security
enterprise (as defined in section 4002 of the Atomic Energy
Defense Act (50 U.S.C. 2501)).
(f) No Funding Authorized.--The amount authorized to be
appropriated by section 3102 and available as specified in
the funding table in section 4701 for the U233 Disposition
Program is hereby reduced by $55,000,000.
______
SA 4550. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill H.R. 4350, to authorize appropriations for fiscal year
2022 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. DEVELOPMENT AND TESTING OF IMPROVED SCHEDULING AND
MANAGEMENT OF SPECIAL ACTIVITY AIRSPACE.
(a) Sense of Congress on Adaptive Airspace.--It is the
sense of Congress that--
(1) where it does not conflict with safety, improved
scheduling and management of special activity airspace (also
referred to as ``adaptive airspace'' and ``dynamic
airspace'') is expected to optimize the use of the national
airspace system for all stakeholders; and
(2) the Administrator of the Federal Aviation
Administration and the Secretary of Defense should take such
actions as may be necessary to support ongoing efforts to
develop improved scheduling and management of special
activity airspace, including--
(A) the continuation of formal partnerships between the
Federal Aviation Administration and the Department of Defense
that focus on special activity airspace, future airspace
needs, and joint solutions; and
(B) maturing research within their federally funded
research and development centers, Federal partner agencies,
and the aviation community.
(b) Pilot Program.--
(1) Pilot program required.--Not later than 90 days after
the date of the enactment of this Act, the Administrator of
the Federal Aviation Administration, in coordination with the
Secretary of Defense, shall establish a pilot program on
developing and testing improved management of special
activity airspace supported by efficient scheduling
capabilities.
(2) Testing of special activity airspace scheduling and
management.--Under the pilot program established under
paragraph (1), the Administrator and the Secretary shall
jointly test not fewer than three areas of special activity
airspace designated by the Federal Aviation Administration
for use by the Department of Defense, of which--
(A) at least one shall be over coastal waters of the United
States; and
(B) at least two shall be over land of the United States.
(c) Report.--Not less than two years after the date of the
establishment of the pilot program under subsection (b)(1),
the Administrator and Secretary shall submit to the following
congressional committees a report on the interim results of
the pilot program:
(1) The Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate.
(2) The Committee on Transportation and Infrastructure, the
Committee on Science, Space, and Technology, and the
Committee on Armed Services of the House of Representatives.
(d) Authorization of Funds.--The Administrator and
Secretary shall be authorized to use such funds as necessary
to carry out the activities established under subsections (b)
and (c).
(e) Limits on Staff.--Any such hour or other employee
limitations concerning staff or workforce that may be
dedicated to the execution of the activities established
under subsections (b) and (c), including work associated with
the Center for Advanced Aviation System Development, shall be
waived.
____________________