[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7823-S7840]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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'').
                                 ______