[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[Senate]
[Pages S8087-S8203]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 4551. Mr. McCONNELL (for himself, Mr. Durbin, Mr. Young, Mr.
Grassley, Mr. Graham, Mr. Cardin, and Mr. Hagerty) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. SUPPORTING DEMOCRACY IN BURMA.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Foreign Affairs of the House of
Representatives;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Appropriations of the House of
Representatives;
(5) the Committee on Armed Services of the Senate;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(8) the Committee on Financial Services of the House of
Representatives.
(b) Briefing Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the following officials shall
jointly brief the appropriate congressional committees
regarding actions taken by the United States Government to
further United States policy and security objectives in Burma
(officially known as the ``Republic of the Union of
Myanmar''):
(A) The Assistant Secretary of State for East Asian and
Pacific Affairs.
(B) The Counselor of the Department of State.
(C) The Under Secretary of the Treasury for Terrorism and
Financial Intelligence.
(D) The Assistant to the Administrator for the Bureau for
Conflict Prevention and Stabilization.
(E) Additional officials from the Department of Defense or
the Intelligence Community, as appropriate.
(2) Information required.--The briefing required under
paragraph (1) shall include--
(A) a detailed description of the specific United States
policy and security objectives in Burma;
(B) information about any actions taken by the United
States, either directly or in coordination with other
countries--
(i) to support and legitimize the National Unity Government
of the Republic of the Union of Myanmar, The Civil
Disobedience Movement in Myanmar, and other entities
promoting democracy in Burma, while simultaneously denying
legitimacy and resources to the Myanmar's military junta;
(ii) to impose costs on Myanmar's military junta,
including--
(I) an assessment of the impact of existing United States
and international sanctions; and
(II) a description of potential future sanctions options;
(iii) to secure the restoration of democracy, the
establishment of inclusive and representative civilian
government, with a reformed military reflecting the diversity
of Burma and under civilian control, and the enactment of
constitutional, political, and economic reform in Burma;
(iv) to secure the unconditional release of all political
prisoners in Burma;
(v) to promote genuine national reconciliation among
Burma's diverse ethnic and religious groups;
(vi) to ensure accountability for atrocities, human rights
violations, and crimes against humanity committed by
Myanmar's military junta; and
(vii) to avert a large-scale humanitarian disaster;
(C) an update on the current status of United States
assistance programs in Burma, including--
(i) humanitarian assistance for affected populations,
including internally displaced persons and efforts to
mitigate humanitarian and health crises in neighboring
countries and among refugee populations;
(ii) democracy assistance, including support to the
National Unity Government of the Republic of the Union of
Myanmar and civil society groups in Burma;
(iii) economic assistance; and
(iv) global health assistance, including COVID-19 relief;
and
(D) a description of the strategic interests in Burma of
the People's Republic of China and the Russian Federation,
including--
(i) access to natural resources and lines of communications
to sea routes; and
(ii) actions taken by such countries--
(I) to support Myanmar's military junta in order to
preserve or promote such interests;
(II) to undermine the sovereignty and territorial integrity
of Burma; and
(III) to promote ethnic conflict within Burma.
(c) Classification and Format.--The briefing required under
subsection (b)--
(1) shall be provided in an unclassified setting; and
(2) may be accompanied by a separate classified briefing,
as appropriate.
______
SA 4552. Mr. GRASSLEY (for himself and Mr. Sanders) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
In section 1002(g)(1), insert after subparagraph (E) the
following:
(F) A review of the financial management systems of the
Department of Defense, including policies, procedures, and
past and planned investments, and recommendations related to
replacing, modifying, and improving such systems to ensure
that the financial management systems and related processes
of the Department ensure effective internal control and the
ability to achieve auditable financial statements and meet
other financial management and operational needs.
______
SA 4553. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. REPEAL OF NEW INFORMATION REPORTING REQUIREMENTS
WITH RESPECT TO DIGITAL ASSET TRANSFERS.
(a) In General.--The amendments made by section 80603 of
the Infrastructure Investment and Jobs Act are repealed and
the provisions of law amended by such section are restored as
if such section had never been enacted.
(b) Effective Date.--The repeal made by subsection (a)
shall take effect on the date of enactment of this Act.
______
SA 4554. Mr. COTTON submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title I, add the following:
SEC. 164. RESTRICTION ON PROCUREMENT OF AIRCRAFT NOT CAPABLE
OF PERFORMING CERTAIN MISSIONS.
(a) In General.--Except as provided under subsection (b),
the Secretary of a military department may not procure any
aircraft that is not capable of performing the primary or
secondary mission of the aircraft in the expected threat
environment in which the aircraft will operate during
conflict.
(b) Waiver.--The Secretary of a military department may
waive the requirement under subsection (a) if the Secretary
certifies to the congressional defense committees that the
aircraft--
(1) will not be used inside a threat envelope; or
(2) will be unmanned.
[[Page S8088]]
______
SA 4555. Mr. COTTON submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title I, add the following:
SEC. 150. MINIMUM FIGHTER FORCE STRUCTURE WITHIN THE EUROPEAN
THEATER.
(a) In General.--The Secretary of the Air Force shall
maintain a minimum of seven fighter squadrons assigned to and
based in the area of responsibility of the United States
European Command.
(b) Sunset.--This section shall cease to be effective on
November 1, 2028.
______
SA 4556. Mr. WHITEHOUSE (for himself and Ms. Hassan) submitted an
amendment intended to be proposed by him to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. INCREASING THE CAPACITY OF STATES AND PARTNER
COUNTRIES TO COUNTER CORRUPTION AND MONEY
LAUNDERING SCHEMES RELATED TO DRUG TRAFFICKING.
(a) Short Title.--This section may be cited as the ``Not
Allowing Revenue for Criminal Organizations Act'' or ``NARCO
Act''.
(b) Findings.--Congress finds the following:
(1) Drug trafficking organizations, transnational criminal
organizations, and money laundering organizations prey upon
individuals suffering from substance use disorders and
exploit the financial systems of the United States to sustain
their criminal enterprises.
(2) The illicit drug trade in the United States is
conservatively valued at $150,000,000,000 annually, making it
worth more than the gross domestic product of approximately
150 countries.
(3) More than 93,000 individuals in the United States died
from drug overdoses in 2020.
(4) Drug trafficking organizations, transnational criminal
organizations, and money laundering organizations perpetuate
crime, corruption, and kleptocracy, which undermines the rule
of law and erodes democratic institutions in foreign
countries while threatening the national security of the
United States.
(5) Understanding and attacking the financial networks,
both in the United States and abroad, that enable drug
trafficking organizations, transnational criminal
organizations, and money laundering organizations is critical
to disrupting and dismantling those organizations.
(6) As such, the national drug control strategy of the
United States should include an explicit focus, goals, and
metrics related to mapping, tracking, attacking, and
dismantling the financial networks of drug trafficking
organizations, transnational criminal organizations, and
money laundering organizations.
(7) Uniform application of anti-money laundering laws and
information sharing will enhance the ability of the Federal
Government and State governments to dismantle drug
trafficking organizations, transnational criminal
organizations, and money laundering organizations.
(8) The Financial Action Task Force establishes
international standards that aim to prevent money laundering
associated with the illicit drug trade and other illegal
activities, and is supported by more than 200 implementing
countries and jurisdictions, including the United States. In
its 2016 Mutual Evaluation Report of the United States, the
Task Force found that while Federal law enforcement agencies
aggressively target money laundering cases, ``State law
enforcement authorities can complement Federal efforts, but
more typically pursue State-level law enforcement priorities.
Among the States, there is no uniform approach and little
data is available. Where information was provided, it tended
to suggest that [money laundering] is not prioritised by the
State authorities.''.
(9) It is in the best national security interest of the
United States to increase the capacity of States and partner
countries to identify, investigate, and prosecute corruption
and money laundering schemes that directly benefit drug
trafficking organizations, transnational criminal
organizations, and money laundering organizations.
(c) GAO Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the
Comptroller General of the United States shall submit to the
Committee on the Judiciary of the Senate, the Caucus on
International Narcotics Control of the Senate, the Committee
on the Judiciary of the House of Representatives, and the
Director of National Drug Control Policy an assessment of--
(A) the number and status of investigations and
prosecutions across National Drug Control Program agencies
(as defined in section 702 of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701))
with a drug trafficking and money laundering and illicit
finance nexus, unless the disclosure of such information
would reveal information protected by rule 6(e) of the
Federal Rules of Criminal Procedure or a court order; and
(B) the amount of money and other things of value in
various forms, including tangible and digital assets, and
property criminally seized by or forfeited to the Federal
Government on an annual basis from individuals associated
with drug trafficking, drug trafficking organizations,
transnational criminal organizations, or money laundering
organizations, which shall be--
(i) adjusted to eliminate duplication in the case of
seizures or forfeitures carried out and reported by multiple
agencies; and
(ii) disaggregated by agency.
(2) Classified annex.--The Comptroller General may provide
the assessment under paragraph (1), or a portion thereof, in
a classified annex if necessary.
(d) Technical Updates to Office of National Drug Control
Policy Reauthorization Act of 1998.--
(1) Definition of ``supply reduction''.--Section 702(17) of
the Office of National Drug Control Policy Reauthorization
Act of 1998 (21 U.S.C. 1701(17)) is amended--
(A) by redesignating subparagraphs (G) and (H) as
subparagraphs (H) and (I), respectively; and
(B) by inserting after subparagraph (F) the following:
``(G) activities to map, track, dismantle, and disrupt the
financial networks of drug trafficking organizations,
transnational criminal organizations, and money laundering
organizations involved in the manufacture and trafficking of
drugs in the United States and in foreign countries;''.
(2) Contents of national drug control strategy.--Section
706(c)(1)(L) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1705(c)(1)(L)) is
amended by inserting before the period at the end the
following: ``, which statistical data shall include, to the
greatest extent practicable, the information submitted to the
Director by the Comptroller General of the United States in
the 2 most recent annual reports under subsection (c) of the
Not Allowing Revenue for Criminal Organizations Act''.
(e) Model Laws.--
(1) In general.--The Attorney General shall enter into an
agreement with a nongovernmental organization, which may
include an institution of higher education, to--
(A) advise States on establishing laws and policies to
address money laundering practices related to the
manufacture, sale, or trafficking of illicit drugs;
(B) develop model State laws pertaining to money laundering
practices related to the sale or trafficking of illicit
drugs; and
(C) revise the model State laws described in subparagraph
(B) and draft supplementary model State laws that take into
consideration changes in the trafficking of illicit drugs and
related money laundering schemes in the State involved.
(2) Authorization of appropriations.--There is authorized
to be appropriated $300,000 for each of fiscal years 2022
through 2026 to carry out this subsection.
(f) Countering International Illicit Finance Techniques
Used by Criminal Organizations.--
(1) In general.--The Attorney General, in consultation with
the Director of the Financial Crimes Enforcement Network of
the Department of the Treasury, shall provide training,
technical assistance, and mentorship to foreign countries
that have been designated as major money laundering countries
under section 489 of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h) in order to--
(A) increase the institutional capacity of those countries
to prevent corruption and swiftly address corruption when it
occurs;
(B) implement justice sector reform to ensure the
successful prosecution of drug trafficking organizations,
transnational criminal organizations, money laundering
organizations, and other entities or individuals involved in
the illicit drug trade;
(C) better understand, map, target, and attack the
financial networks of drug trafficking organizations,
transnational criminal organizations, and other entities or
individuals involved in the illicit drug trade;
(D) develop and implement laws and regulations to establish
or strengthen asset forfeiture programs; and
(E) develop and implement laws and regulations to counter
corruption, money laundering, and illicit finance techniques
used by drug trafficking organizations, transnational
criminal organizations, money laundering organizations, and
other entities or individuals involved in the illicit drug
trade.
(2) Annual report.--Not later than 120 days after the end
of each fiscal year, beginning with fiscal year 2023, the
Attorney General shall submit a report to the Committee on
the Judiciary of the Senate, the Caucus on International
Narcotics Control of the Senate, and the Committee on the
Judiciary
[[Page S8089]]
of the House of Representatives that includes, with respect
to each country that received training, technical assistance,
and mentorship under paragraph (1) during that fiscal year--
(A) the type and duration of training, technical
assistance, and mentorship provided to the country;
(B) the implementation status of new laws and regulations
to counter corruption, money laundering, and illicit finance
techniques used by drug trafficking organizations,
transnational criminal organizations, money laundering
organizations, and other entities or individuals involved in
the illicit drug trade in the country;
(C) the number of money laundering and illicit finance
investigations, prosecutions, and convictions related to the
narcotics trade that were undertaken in the country;
(D) the amount of money and other things of value in
various forms, including tangible and digital assets, and
property criminally seized by or forfeited to the Federal
Government from drug trafficking organizations, transnational
criminal organizations, money laundering organizations, and
other entities or individuals involved in the illicit drug
trade, in the country; and
(E) the number of joint investigations that United States
undertook with the country and whether those investigations
led to prosecutions or convictions.
(3) Authorization of appropriations.--There is authorized
to be appropriated $80,000,000 for each of fiscal years 2022
through 2026 to carry out this subsection.
______
SA 4557. Mr. MENENDEZ (for himself and Mr. Rubio) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--U.S.-Greece Defense and Interparliamentary Partnership Act
of 2021
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``U.S.-Greece Defense and
Interparliamentary Partnership Act of 2021''.
SEC. 1292. FINDINGS.
Congress makes the following findings:
(1) The United States and Greece are strong allies in the
North Atlantic Treaty Organization (NATO) and have deepened
their defense relationship in recent years in response to
growing security challenges in the Eastern Mediterranean
region.
(2) Greece participates in several NATO missions, including
Operation Sea Guardian in the Mediterranean and NATO's
mission in Kosovo.
(3) The Eastern Mediterranean Security and Energy
Partnership Act (title II of division J of Public Law 116-
94), authorized new security assistance for Greece and
Cyprus, lifted the United States prohibition on arms
transfers to Cyprus, and authorized the establishment of a
United States-Eastern Mediterranean Energy Center to
facilitate energy cooperation among the United States,
Greece, Israel, and Cyprus.
(4) The United States has demonstrated its support for the
trilateral partnership of Greece, Israel, and Cyprus through
joint engagement with Cyprus, Greece, Israel, and the United
States in the ``3+1'' format.
(5) The United States and Greece have held Strategic
Dialogue meetings in Athens, Washington D.C., and virtually,
and have committed to hold an upcoming Strategic Dialogue
session in 2021 in Washington, D.C.
(6) In October 2019, the United States and Greece agreed to
update the United States-Greece Mutual Defense Cooperation
Agreement, and the amended agreement officially entered into
force on February 13, 2020.
(7) The amended Mutual Defense Cooperation Agreement
provides for increased joint United States-Greece and NATO
activities at Greek military bases and facilities in Larissa,
Stefanovikio, Alexandroupolis, and other parts of central and
northern Greece, and allows for infrastructure improvements
at the United States Naval Support Activity Souda Bay base on
Crete.
(8) In October 2020, Greek Foreign Minister Nikos Dendias
announced that Greece hopes to further expand the Mutual
Defense Cooperation Agreement with the United States.
(9) The United States Naval Support Activity Souda Bay
serves as a critical naval logistics hub for the United
States Navy's 6th Fleet.
(10) In June 2020, United States Ambassador to Greece
Geoffrey Pyatt characterized the importance of Naval Support
Activity Souda Bay as ``our most important platform for the
projection of American power into a strategically dynamic
Eastern Mediterranean region. From Syria to Libya to the
chokepoint of the Black Sea, this is a critically important
asset for the United States, as our air force, naval, and
other resources are applied to support our Alliance
obligations and to help bring peace and stability.''.
(11) The USS Hershel ``Woody'' Williams, the second of a
new class of United States sea-basing ships, is now based out
of Souda Bay, the first permanent United States naval
deployment at the base.
(12) The United States cooperates with the Hellenic Armed
Forces at facilities in Larissa, Stefanovikio, and
Alexandroupolis, where the United States Armed Forces conduct
training, refueling, temporary maintenance, storage, and
emergency response.
(13) The United States has conducted a longstanding
International Military Education and Training (IMET) program
with Greece, and the Government of Greece has committed to
provide $3 for every dollar invested by the United States in
the program.
(14) Greece's defense spending in 2020 amounted to an
estimated 2.68 percent of its gross domestic product (GDP),
exceeding NATO's 2 percent of GDP benchmark agreed to at the
2014 NATO Summit in Wales.
(15) Greece is eligible for the delivery of excess defense
articles under section 516(c)(2) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(c)(2)).
(16) In September 2020, Greek Prime Minister Kyriakos
Mitsotakis announced plans to modernize all three branches of
the Hellenic Armed Forces, which will strengthen Greece's
military position in the Eastern Mediterranean.
(17) The modernization includes upgrades to the arms of all
three branches, including new anti-tank weapons for the
Hellenic Army, new heavy-duty torpedoes for the Hellenic
Navy, and new guided missiles for the Hellenic Air Force.
(18) The Hellenic Navy also plans to upgrade its four MEKO
200HN frigates and purchase four new multirole frigates of an
undisclosed type, to be accompanied by 4 MH-60R anti-
submarine helicopters.
(19) The Hellenic Air Force plans to fully upgrade its
fleet of F-16 jets to the F-16 Viper variant by 2027 and has
expressed interest in participating in the F-35 Joint Strike
Fighter program.
SEC. 1293. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Greece is a pillar of stability in the Eastern
Mediterranean region and the United States should remain
committed to supporting its security and prosperity;
(2) the 3+1 format of cooperation among Cyprus, Greece,
Israel, and the United States has been a successful forum to
cooperate on energy issues and should be expanded to include
other areas of common concern to the members;
(3) the United States should increase and deepen efforts to
partner with and support the modernization of the Greek
military;
(4) it is in the interests of the United States that Greece
continue to transition its military equipment away from
Russian-produced platforms and weapons systems through the
European Recapitalization Investment Program;
(5) the United States Government should continue to deepen
strong partnerships with the Greek military, especially in
co-development and co-production opportunities with the Greek
Navy;
(6) the naval partnerships with Greece at Souda Bay and
Alexandroupolis are mutually beneficial to the national
security of the United States and Greece;
(7) the United States should, as appropriate, support the
sale of F-35 Joint Strike Fighters to Greece;
(8) the United States Government should continue to invest
in International Military Education and Training (IMET)
programs in Greece;
(9) the United States Government should support joint
maritime security cooperation exercises with Cyprus, Greece,
and Israel;
(10) in accordance with its legal authorities and project
selection criteria, the United States Development Finance
Corporation should consider supporting private investment in
strategic infrastructure projects in Greece, to include
shipyards and ports that contribute to the security of the
region and Greece's prosperity;
(11) the extension of the Mutual Defense Cooperation
Agreement with Greece for a period of five years includes
deepened partnerships at Greek military facilities throughout
the country and is a welcome development; and
(12) the United States Government should establish the
United States-Eastern Mediterranean Energy Center as
authorized in the Eastern Mediterranean Energy and Security
Partnership Act of 2019.
SEC. 1294. FUNDING FOR EUROPEAN RECAPITALIZATION INCENTIVE
PROGRAM.
(a) In General.--To the maximum extent feasible, of the
funds appropriated for the European Recapitalization
Incentive Program, $25,000,000 for each of fiscal years 2022
through 2026 should be considered for Greece as appropriate
to assist the country in meeting its defense needs and
transitioning away from Russian-produced military equipment.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report that
provides a full accounting of all funds distributed under the
European Recapitalization Incentive Program, including--
(1) identification of each recipient country;
(2) a description of how the funds were used; and
(3) an accounting of remaining equipment in recipient
countries that was provided by the then-Soviet Union or
Russian Federation.
SEC. 1295. SENSE OF CONGRESS ON LOAN PROGRAM.
It is the sense of Congress that, as appropriate, the
United States Government should
[[Page S8090]]
provide direct loans to Greece for the procurement of defense
articles, defense services, and design and construction
services pursuant to the authority of section 23 of the Arms
Export Control Act (22 U.S.C. 2763) to support the further
development of Greece's military forces.
SEC. 1296. TRANSFER OF F-35 JOINT STRIKE FIGHTER AIRCRAFT TO
GREECE.
The President is authorized to expedite delivery of any
future F-35 aircraft to Greece once Greece is prepared to
move forward with such a purchase on such terms and
conditions as the President may require. Such transfer shall
be submitted to Congress pursuant to the certification
requirements under section 36 of the Arms Export Control Act
(22 U.S.C. 2776).
SEC. 1297. IMET COOPERATION WITH GREECE.
For each of fiscal years 2022 through 2026, $1,800,000 is
authorized to be appropriated for International Military
Education and Training assistance for Greece, which may be
made available for the following purposes:
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States Armed
Forces and Greece's military to build partnerships for the
future.
(4) Enhancement of interoperability and capabilities for
joint operations.
(5) Focusing on professional military education, civilian
control of the military, and protection of human rights.
SEC. 1298. CYPRUS, GREECE, ISRAEL, AND THE UNITED STATES 3+1
INTERPARLIAMENTARY GROUP.
(a) Establishment.--There is established a group, to be
known as the ``Cyprus, Greece, Israel, and the United States
3+1 Interparliamentary Group'', to serve as a legislative
component to the 3+1 process launched in Jerusalem in March
2019.
(b) Membership.--The Cyprus, Greece, Israel, and the United
States 3+1 Interparliamentary Group shall include a group of
not more than 6 United States Senators, to be known as the
``United States group'', who shall be appointed jointly by
the majority leader and the minority leader of the Senate.
(c) Meetings.--Not less frequently than once each year, the
United States group shall meet with members of the 3+1 group
to discuss issues on the agenda of the 3+1 deliberations of
the Governments of Greece, Israel, Cyprus, and the United
States to include maritime security, defense cooperation,
energy initiatives, and countering malign influence efforts
by the People's Republic of China and the Russian Federation.
SEC. 1299. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this subtitle, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
______
SA 4558. Mr. MENENDEZ (for himself and Mrs. Blackburn) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ____. NATIONAL MANUFACTURING EXTENSION PARTNERSHIP
SUPPLY CHAIN DATABASE.
(a) Definitions.--In this section:
(1) Center.--The term ``Center'' has the meaning given such
term in section 25(a) of the National Institute of Standards
and Technology Act (15 U.S.C. 278k(a)).
(2) Database.--The term ``Database'' means the National
Manufacturing Extension Partnership Supply Chain Database
established under subsection (b).
(3) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(4) Institute.--The term ``Institute'' means the National
Institute of Standards and Technology.
(b) Establishment of Database.--
(1) In general.--Subject to the availability of
appropriations, the Director shall establish a database to
assist the United States in minimizing disruptions in the
supply chain by providing a resource for manufacturers in the
United States.
(2) Designation.--The database established under paragraph
(1) shall be known as the ``National Manufacturing Extension
Partnership Supply Chain Database''.
(c) Considerations.--In establishing the Database, the
Director shall consider the findings and recommendations from
the study required under section 9413 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), including measures to secure and
protect the Database from adversarial attacks and
vulnerabilities.
(d) Connections With Hollings Manufacturing Extension
Partnerships Centers.--
(1) In general.--The Director shall create the
infrastructure for the Database through the Hollings
Manufacturing Extension Partnership, established under
section 25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k), by connecting information
from the Centers through the Database.
(2) National view.--The Director shall ensure that
connections under paragraph (1)--
(A) provide a national overview of the networks of supply
chains of the United States; and
(B) support understanding of whether there is a need for
some manufacturers to retool in some critical areas to meet
the urgent need for key products, such as defense supplies,
food, and medical devices, including personal protective
equipment.
(3) Individual hollings manufacturing extension partnership
center databases.--
(A) In general.--The Director shall ensure that--
(i) each Center is connected to the Database; and
(ii) each supply chain database maintained by a Center is
interoperable with the Database.
(B) Rule of construction.--Nothing in this section shall be
construed to require a State or territory of the United
States to establish a new supply chain database through the
Hollings Manufacturing Extension Partnership program.
(e) Maintenance of National Supply Chain Database.--The
Director, acting through the Hollings Manufacturing Extension
Partnership program or a designee of the program--
(1) shall maintain the Database as an integration of State-
level databases from the Center of each State or territory of
the United States; and
(2) may populate the Database with information from past,
current, or potential clients of Centers.
(f) Database Content.--
(1) In general.--The Database may include the following:
(A) Basic company information.
(B) An overview of capabilities, accreditations, and
products.
(C) Proprietary information.
(D) Such other items as the Director considers necessary.
(2) Standard classification system.--The Database shall use
the North American Industry Classification System (NAICS)
Codes as follows:
(A) Sector 31-33 - Manufacturing.
(B) Sector 54 - Professional, Scientific, and Technical
Services.
(C) Sector 48-49 - Transportation and Warehousing.
(3) Levels.--The Database shall be multi-leveled as
follows:
(A) Level 1 shall have basic company information and shall
be available to the public.
(B) Level 2 shall have a deeper, nonproprietary overview
into capabilities, products, and accreditations and shall be
available to all companies that contribute to the Database
and agree to terms of mutual disclosure.
(C) Level 3 shall hold proprietary information.
(4) Matters relating to disclosure and access.--
(A) FOIA exemption.--The Database, and any information
contained therein that is not publicly released by the
Institute, shall be exempt from public disclosure under
section 552(b)(3) of title 5, United States Code.
(B) Limitation on access to content.--Access to a
contributing company's nonpublic content in the Database
shall be limited to the contributing company, the Institute,
and staff from a Center who sign such nondisclosure agreement
as the Director considers appropriate.
(C) Aggregated information.--The Director may make
aggregated, de-identified information available to
contributing companies, Centers, or the public, as the
Director considers appropriate, in support of the purposes of
this section.
(g) Coordination With National Technology and Industrial
Base.--The Director, acting through the Hollings
Manufacturing Extension Partnership program, may work with
the National Defense Technology and Industrial Base Council
established by section 2502(a) of title 10, United States
Code, as the Director considers appropriate, to include in
the Database information regarding the defense manufacturing
supply chain.
(h) Protections.--
(1) In general.--Supply chain information that is
voluntarily and lawfully submitted by a private entity and
accompanied by an express statement described in paragraph
(2)--
(A) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code;
(B) shall not be made available pursuant to any Federal,
State, local, or Tribal authority pursuant to any Federal,
State, local, or Tribal law requiring public disclosure of
information or records; and
(C) shall not, without the written consent of the person or
entity submitting such information, be used directly by the
Director, or any other Federal, State, or local authority in
any civil enforcement action brought by a Federal, State, or
local authority.
(2) Express statement.--The express statement described in
this paragraph, with respect to information or records, is--
[[Page S8091]]
(A) in the case of written information or records, a
written marking on the information or records substantially
similar to the following: ``This information is voluntarily
submitted to the Federal Government in expectation of
protection from disclosure as provided by the provisions of
section [___](h) of the National Defense Authorization Act
for Fiscal Year 2022.''; or
(B) in the case of oral information, a written statement
similar to the statement described in subparagraph (A)
submitted within a reasonable period following the oral
communication.
(i) Rules of Construction.--
(1) Private entities.--Nothing in this section shall be
construed to require any private entity to share data with
the Director specifically for to the Database.
(2) Prohibition on new regulatory authority.--Nothing in
this section shall be construed to grant the Director, or the
head of any other Federal agency, with any authority to
promulgate regulations or set standards on manufacturers,
based on data within the Database, that was not in effect on
the day before the date of enactment of this section.
(j) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) $31,000,000 for fiscal year 2022 to develop and launch
the Database; and
(2) $26,000,000 for each of fiscal years 2023 through 2026
to maintain, update, and support Federal coordination of the
State supply chain databases maintained by the Centers.
______
SA 4559. Ms. SINEMA (for herself and Mr. Kelly) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PROTECTION OF THE GRAND CANYON.
(a) Withdrawal of Federal Land From Mining Laws.--
(1) Definition of map.--In this subsection, the term
``Map'' means the Bureau of Land Management map entitled
``Grand Canyon Protection Act'' and dated January 22, 2021.
(2) Withdrawal.--Subject to valid existing rights, the
approximately 1,006,545 acres of Federal land in the State of
Arizona within the area depicted on the Map, including any
land or interest in land that is acquired by the United
States after the date of enactment of this Act, is withdrawn
from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing and geothermal leasing
laws and mineral materials laws.
(3) Availability of map.--The Map shall be kept on file and
made available for public inspection in the appropriate
offices of the Forest Service and the Bureau of Land
Management.
(b) GAO Study on Domestic Uranium Stockpiles.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of uranium stockpiles in the
United States that are available to meet future national
security requirements.
(2) Requirements.--The study conducted under paragraph (1)
shall identify--
(A)(i) existing and potential future national security
program demands for uranium; and
(ii) existing and projected future inventories of domestic
uranium that could be available to meet national security
needs; and
(B) the extent to which national security needs are capable
of being met with existing uranium stockpiles.
(3) Deadline for completion of study.--Not later than 1
year after the date of enactment of this Act, the Comptroller
General of the United States shall provide a briefing on the
study conducted under paragraph (1) to--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Energy and Natural Resources of the
Senate;
(C) the Committee on Environment and Public Works of the
Senate;
(D) the Committee on Armed Services of the House of
Representatives;
(E) the Committee on Natural Resources of the House of
Representatives; and
(F) the Committee on Energy and Commerce of the House of
Representatives.
______
SA 4560. Mr. KING (for himself, Mr. Rounds, Mr. Sasse, Ms. Rosen, Ms.
Hassan, and Mr. Ossoff) submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SECURE FOUNDATIONAL INTERNET PROTOCOLS.
(a) Definitions.--In this section:
(1) Border gateway protocol.--The term ``border gateway
protocol'' means a protocol designed to optimize routing of
information exchanged through the internet.
(2) Domain name system.--The term ``domain name system''
means a system that stores information associated with domain
names in a distributed database on networks.
(3) Information and communications technology
infrastructure providers.--The term ``information and
communications technology infrastructure providers'' means
all systems that enable connectivity and operability of
internet service, backbone, cloud, web hosting, content
delivery, domain name system, and software-defined networks
and other systems and services.
(b) Creation of a Strategy to Encourage Implementation of
Measures to Secure Foundational Internet Protocols.--
(1) Protocol security strategy.--In order to encourage
implementation of measures to secure foundational internet
protocols by information and communications technology
infrastructure providers, not later than 180 days after the
date of enactment of this Act, the Assistant Secretary for
Communications and Information of the Department of Commerce,
in coordination with the Director of the National Institute
Standards and Technology and the Director of the
Cybersecurity and Infrastructure Security Agency, shall
establish a working group composed of appropriate
stakeholders, including representatives of the Internet
Engineering Task Force and information and communications
technology infrastructure providers, to prepare and submit to
Congress a strategy to encourage implementation of measures
to secure the border gateway protocol and the domain name
system.
(2) Strategy requirements.--The strategy required under
paragraph (1) shall--
(A) articulate the motivation and goal of the strategy to
reduce incidents of border gateway protocol hijacking and
domain name system hijacking;
(B) articulate the security and privacy benefits of
implementing the most up-to-date and secure instances of the
border gateway protocol and the domain name system and the
burdens of implementation and the entities on whom those
burdens will most likely fall;
(C) identify key United States and international
stakeholders;
(D) outline varying measures that could be used to
implement security or provide authentication for the border
gateway protocol and the domain name system;
(E) identify any barriers to implementing security for the
border gateway protocol and the domain name system at scale;
(F) identify operational security and robustness concerns
in other aspects of the core infrastructure of the internet;
(G) propose a strategy to implement identified security
measures at scale, accounting for barriers to implementation
and balancing benefits and burdens, where feasible; and
(H) provide an initial estimate of the total cost to the
Government and implementing entities in the private sector of
implementing security for the border gateway protocol and the
domain name system and propose recommendations for defraying
these costs, if applicable.
______
SA 4561. Mr. KING (for himself, Mr. Rounds, Mr. Sasse, Ms. Rosen, Ms.
Hassan, and Mr. Ossoff) submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--DEFENSE OF UNITED STATES INFRASTRUCTURE
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Defense of United
States Infrastructure Act of 2021''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e)).
(2) Cybersecurity risk.--The term ``cybersecurity risk''
has the meaning given such term in section 2209 of the
Homeland Security Act of 2002 (6 U.S.C. 659).
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
[[Page S8092]]
TITLE LI--INVESTING IN CYBER RESILIENCY IN CRITICAL INFRASTRUCTURE
SEC. 5101. NATIONAL RISK MANAGEMENT CYCLE AND CRITICAL
INFRASTRUCTURE RESILIENCE STRATEGY.
(a) Amendments.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
(1) in section 2202(c) (6 U.S.C. 652(c))--
(A) in paragraph (11), by striking ``and'' at the end;
(B) in the first paragraph designated as paragraph (12),
relating to the Cybersecurity State Coordinator--
(i) by striking ``section 2215'' and inserting ``section
2217''; and
(ii) by striking ``and'' at the end; and
(C) by redesignating the second and third paragraphs
designated as paragraph (12) as paragraphs (13) and (14),
respectively;
(2) by redesignating section 2217 (6 U.S.C. 665f) as
section 2220;
(3) by redesignating section 2216 (6 U.S.C. 665e) as
section 2219;
(4) by redesignating the fourth section 2215 (relating to
Sector Risk Management Agencies) (6 U.S.C. 665d) as section
2218;
(5) by redesignating the third section 2215 (relating to
the Cybersecurity State Coordinator) (6 U.S.C. 665c) as
section 2217;
(6) by redesignating the second section 2215 (relating to
the Joint Cyber Planning Office) (6 U.S.C. 665b) as section
2216; and
(7) by adding at the end the following:
``SEC. 2220A. NATIONAL RISK MANAGEMENT CYCLE AND CRITICAL
INFRASTRUCTURE RESILIENCE STRATEGY.
``(a) Definition.--In this section, the term `cybersecurity
risk' has the meaning given such term in section 2209.
``(b) Creation of a Critical Infrastructure Resilience
Strategy and a National Risk Management Cycle.--
``(1) Initial risk identification and assessment.--
``(A) In general.--The Secretary, acting through the
Director, shall establish a process by which to identify,
assess, and prioritize risks to critical infrastructure,
considering both cyber and physical threats, vulnerabilities,
and consequences.
``(B) Consultation.--In establishing the process required
under subparagraph (A), the Secretary shall--
``(i) coordinate with the heads of Sector Risk Management
Agencies and the National Cyber Director;
``(ii) consult with the Director of National Intelligence
and the Attorney General; and
``(iii) consult with the owners and operators of critical
infrastructure.
``(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).
``(D) Report.--Not later than 1 year after the date of
enactment of this section, 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).
``(2) Initial national critical infrastructure resilience
strategy.--
``(A) In general.--Not later than 1 year after the date on
which the Secretary delivers the report required under
paragraph (1)(D), the President shall deliver to the 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.--In the strategy delivered under
subparagraph (A), the President shall--
``(i) identify, assess, and prioritize areas of risk to
critical infrastructure that would compromise, disrupt, or
impede the ability of the critical infrastructure to support
the national critical functions of national security,
economic security, or public health and safety;
``(ii) identify and outline current and proposed national-
level actions, programs, and efforts to be taken to address
the risks identified;
``(iii) identify the Federal departments or agencies
responsible for leading each national-level action, program,
or effort and the relevant critical infrastructure sectors
for each;
``(iv) outline the budget plan required to provide
sufficient resources to successfully execute the full range
of activities proposed or described by the strategy; and
``(v) request any additional authorities or resources
necessary to successfully execute the strategy.
``(C) Form.--The strategy delivered under subparagraph (A)
shall be unclassified, but may contain a classified annex.
``(3) Annual reports.--
``(A) In general.--Not later than 1 year after the date on
which the President delivers the strategy under paragraph
(2), and every year thereafter, the Secretary, in
coordination with the heads of Sector Risk Management
Agencies, shall submit to the appropriate congressional
committees a report on the national risk management cycle
activities undertaken pursuant to the strategy, including--
``(i) all variables included in risk assessments and the
weights assigned to each such variable;
``(ii) an explanation of how each such variable, as
weighted, correlates to risk, and the basis for concluding
there is such a correlation; and
``(iii) any change in the methodologies since the previous
report under this paragraph, including changes in the
variables considered, weighting of those variables, and
computational methods.
``(B) Classified annex.--The reports required under
subparagraph (A) shall be submitted in unclassified form to
the greatest extent possible, and may include a classified
annex if necessary.
``(4) Five year risk management cycle.--
``(A) Risk identification and assessment.--Under procedures
established by the Secretary, the Secretary shall repeat the
conducting and reporting of the risk identification and
assessment required under paragraph (1), in accordance with
the requirements in paragraph (1), every 5 years.
``(B) Strategy.--Under procedures established by the
President, the President shall repeat the preparation and
delivery of the critical infrastructure resilience strategy
required under paragraph (2), in accordance with the
requirements in paragraph (2), every 5 years, which shall
also include assessing the implementation of the previous
national critical infrastructure resilience strategy.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 2214 and all that follows through the item
relating to section 2217 and inserting the following:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint Cyber Planning Office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity education and training programs.
``Sec. 2220A. National risk management cycle and critical
infrastructure resilience strategy.''.
(2) Additional technical amendment.--
(A) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020
(title IX of division U of Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by striking ``Homeland
Security Act'' and inserting ``Homeland Security Act of
2002''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect as if enacted as part of the DOTGOV Act of
2020 (title IX of division U of Public Law 116-260).
TITLE LII--IMPROVING THE ABILITY OF THE FEDERAL GOVERNMENT TO ASSIST IN
ENHANCING CRITICAL INFRASTRUCTURE CYBER RESILIENCE
SEC. 5201. INSTITUTE A 5-YEAR TERM FOR THE DIRECTOR OF THE
CYBERSECURITY AND INFRASTRUCTURE SECURITY
AGENCY.
(a) In General.--Subsection (b)(1) of section 2202 of the
Homeland Security Act of 2002 (6 U.S.C. 652), is amended by
inserting ``The term of office of an individual serving as
Director shall be 5 years.'' after ``who shall report to the
Secretary.''.
(b) Transition Rules.--The amendment made by subsection (a)
shall take effect on the first appointment of an individual
to the position of Director of the Cybersecurity and
Infrastructure Security Agency, by and with the advice and
consent of the Senate, that is made on or after the date of
enactment of this Act.
SEC. 5202. CYBER THREAT INFORMATION COLLABORATION ENVIRONMENT
PROGRAM.
(a) Definitions.--In this section:
(1) Critical infrastructure information.--The term
``critical infrastructure information'' has the meaning given
such term in section 2222 of the Homeland Security Act of
2002 (6 U.S.C. 671).
(2) Cyber threat indicator.--The term ``cyber threat
indicator'' has the meaning given such term in section 102 of
the Cybersecurity Act of 2015 (6 U.S.C. 1501).
(3) Cybersecurity threat.--The term ``cybersecurity
threat'' has the meaning given such term in section 102 of
the Cybersecurity Act of 2015 (6 U.S.C. 1501).
(4) Environment.--The term ``environment'' means the
information collaboration environment established under
subsection (b).
(5) Information sharing and analysis organization.--The
term ``information sharing and analysis organization'' has
the meaning given such term in section 2222 of the Homeland
Security Act of 2002 (6 U.S.C. 671).
(6) Non-federal entity.--The term ``non-Federal entity''
has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501).
(b) Program.--The Secretary, in coordination with the
Secretary of Defense, the Director of National Intelligence,
and the Attorney General, shall carry out a program under
which the Secretary shall develop an information
collaboration environment consisting of a digital environment
containing technical tools for information analytics and a
portal through which relevant parties may submit and automate
information inputs and
[[Page S8093]]
access the environment in order to enable interoperable data
flow that enable Federal and non-Federal entities to
identify, mitigate, and prevent malicious cyber activity to--
(1) provide limited access to appropriate and operationally
relevant data from unclassified and classified intelligence
about cybersecurity risks and cybersecurity threats, as well
as malware forensics and data from network sensor programs,
on a platform that enables query and analysis;
(2) enable cross-correlation of data on cybersecurity risks
and cybersecurity threats at the speed and scale necessary
for rapid detection and identification;
(3) facilitate a comprehensive understanding of
cybersecurity risks and cybersecurity threats; and
(4) facilitate collaborative analysis between the Federal
Government and public and private sector critical
infrastructure entities and information and analysis
organizations.
(c) Implementation of Information Collaboration
Environment.--
(1) Evaluation.--Not later than 180 days after the date of
enactment of this Act, the Secretary, acting through the
Director of the Cybersecurity and Infrastructure Security
Agency, and in coordination with the Secretary of Defense,
the Director of National Intelligence, and the Attorney
General, shall--
(A) identify, inventory, and evaluate existing Federal
sources of classified and unclassified information on
cybersecurity threats;
(B) evaluate current programs, applications, or platforms
intended to detect, identify, analyze, and monitor
cybersecurity risks and cybersecurity threats;
(C) consult with public and private sector critical
infrastructure entities to identify public and private
critical infrastructure cyber threat capabilities, needs, and
gaps; and
(D) identify existing tools, capabilities, and systems that
may be adapted to achieve the purposes of the environment in
order to maximize return on investment and minimize cost.
(2) Implementation.--
(A) In general.--Not later than 1 year after completing the
evaluation required under paragraph (1)(B), the Secretary,
acting through the Director of the Cybersecurity and
Infrastructure Security Agency, and in coordination with the
Secretary of Defense, the Director of National Intelligence,
and the Attorney General, shall begin implementation of the
environment to enable participants in the environment to
develop and run analytic tools referred to in subsection (b)
on specified data sets for the purpose of identifying,
mitigating, and preventing malicious cyber activity that is a
threat to public and private critical infrastructure.
(B) Requirements.--The environment and the use of analytic
tools referred to in subsection (b) shall--
(i) operate in a manner consistent with relevant privacy,
civil rights, and civil liberties policies and protections,
including such policies and protections established pursuant
to section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485);
(ii) account for appropriate data interoperability
requirements;
(iii) enable integration of current applications,
platforms, data, and information, including classified
information, in a manner that supports integration of
unclassified and classified information on cybersecurity
risks and cybersecurity threats;
(iv) incorporate tools to manage access to classified and
unclassified data, as appropriate;
(v) ensure accessibility by entities the Secretary, in
consultation with the Secretary of Defense, the Director of
National Intelligence, and the Attorney General, determines
appropriate;
(vi) allow for access by critical infrastructure
stakeholders and other private sector partners, at the
discretion of the Secretary, in consultation with the
Secretary of Defense;
(vii) deploy analytic tools across classification levels to
leverage all relevant data sets, as appropriate;
(viii) identify tools and analytical software that can be
applied and shared to manipulate, transform, and display data
and other identified needs; and
(ix) anticipate the integration of new technologies and
data streams, including data from government-sponsored
network sensors or network-monitoring programs deployed in
support of non-Federal entities.
(3) Annual report requirement on the implementation,
execution, and effectiveness of the program.--Not later than
1 year after the date of enactment of this Act, and every
year thereafter until the date that is 1 year after the
program under this section terminates under subsection (g),
the Secretary shall submit to the Committee on Homeland
Security and Governmental Affairs, the Committee on the
Judiciary, the Committee on Armed Services, and the Select
Committee on Intelligence of the Senate and the Committee on
Homeland Security, the Committee on the Judiciary, the
Committee on Armed Services, and the Permanent Select
Committee on Intelligence of the House of Representatives a
report that details--
(A) Federal Government participation in the environment,
including the Federal entities participating in the
environment and the volume of information shared by Federal
entities into the environment;
(B) non-Federal entities' participation in the environment,
including the non-Federal entities participating in the
environment and the volume of information shared by non-
Federal entities into the environment;
(C) the impact of the environment on positive security
outcomes for the Federal Government and non-Federal entities;
(D) barriers identified to fully realizing the benefit of
the environment both for the Federal Government and non-
Federal entities;
(E) additional authorities or resources necessary to
successfully execute the environment; and
(F) identified shortcomings or risks to data security and
privacy, and the steps necessary to improve the mitigation of
the shortcomings or risks.
(d) Cyber Threat Data Interoperability.--
(1) Establishment.--The Secretary, in coordination with the
Secretary of Defense, the Director of National Intelligence,
and the Attorney General, shall identify or establish data
interoperability requirements for non-Federal entities to
participate in the environment.
(2) Data streams.--The Secretary shall identify, designate,
and periodically update programs that shall participate in or
be interoperable with the environment, which may include--
(A) network-monitoring and intrusion detection programs;
(B) cyber threat indicator sharing programs;
(C) certain government-sponsored network sensors or
network-monitoring programs;
(D) incident response and cybersecurity technical
assistance programs; or
(E) malware forensics and reverse-engineering programs.
(3) Data governance.--The Secretary, in coordination with
the Secretary of Defense, the Director of National
Intelligence, and the Attorney General, shall establish
procedures and data governance structures, as necessary, to
protect sensitive data, comply with Federal regulations and
statutes, and respect existing consent agreements with
private sector critical infrastructure entities that apply to
critical infrastructure information.
(4) Rule of construction.--Nothing in this subsection shall
change existing ownership or protection of, or policies and
processes for access to, agency data.
(e) National Security Systems.--Nothing in this section
shall apply to national security systems, as defined in
section 3552 of title 44, United States Code, or to
cybersecurity threat intelligence related to such systems,
without the consent of the relevant element of the
intelligence community, as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(f) Protection of Intelligence Sources and Methods.--The
Director of National Intelligence shall ensure that any
information sharing conducted under this section shall
protect intelligence sources and methods from unauthorized
disclosure in accordance with section 102A(i) of the National
Security Act (50 U.S.C. 3024(i)).
(g) Duration.--The program under this section shall
terminate on the date that is 5 years after the date of
enactment of this Act.
TITLE LIII--IMPROVING SECURITY IN THE NATIONAL CYBER ECOSYSTEM
SEC. 5301. REPORT ON CYBERSECURITY CERTIFICATIONS AND
LABELING.
Not later than October 1, 2022, the National Cyber
Director, in consultation with the Director of the National
Institute of Standards and Technology and the Director of the
Cybersecurity and Infrastructure Security Agency, shall
submit to the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland
Security and the Committee on Science, Space, and Technology
of the House of Representatives a report that--
(1) identifies and assesses existing efforts by the Federal
Government to create, administer, or otherwise support the
use of certifications or labels to communicate the security
or security characteristics of information technology or
operational technology products and services; and
(2) assesses the viability of and need for a new program at
the Department, or at other Federal agencies as appropriate,
to better address information technology and operational
technology product and service security certification and
labeling efforts across the Federal Government and between
the Federal Government and the private sector.
TITLE LIV--ENABLING THE NATIONAL CYBER DIRECTOR
SEC. 5401. ESTABLISHMENT OF HIRING AUTHORITIES FOR THE OFFICE
OF THE NATIONAL CYBER DIRECTOR.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the National
Cyber Director.
(2) Excepted service.--The term ``excepted service'' has
the meaning given such term in section 2103 of title 5,
United States Code.
(3) Office.--The term ``Office'' means the Office of the
National Cyber Director.
(4) Qualified position.--The term ``qualified position''
means a position identified by the Director under subsection
(b)(1)(A), in which the individual occupying such position
performs, manages, or supervises functions
[[Page S8094]]
that execute the responsibilities of the Office.
(b) Hiring Plan.--The Director shall, for purposes of
carrying out the functions of the Office--
(1) craft an implementation plan for positions in the
excepted service in the Office, which shall propose--
(A) qualified positions in the Office, as the Director
determines necessary to carry out the responsibilities of the
Office; and
(B) subject to the requirements of paragraph (2), rates of
compensation for an individual serving in a qualified
position;
(2) propose rates of basic pay for qualified positions,
which shall--
(A) be determined in relation to the rates of pay provided
for employees in comparable positions in the Office, in which
the employee occupying the comparable position performs,
manages, or supervises functions that execute the mission of
the Office; and
(B) subject to the same limitations on maximum rates of pay
and consistent with section 5341 of title 5, United States
Code, adopt such provisions of that title to provide for
prevailing rate systems of basic pay and apply those
provisions to qualified positions for employees in or under
which the Office may employ individuals described by section
5342(a)(2)(A) of such title; and
(3) craft proposals to provide--
(A) employees in qualified positions compensation (in
addition to basic pay), including benefits, incentives, and
allowances, consistent with, and not in excess of the level
authorized for, comparable positions authorized by title 5,
United States Code; and
(B) employees in a qualified position for which the
Director proposes a rate of basic pay under paragraph (2) an
allowance under section 5941 of title 5, United States Code,
on the same basis and to the same extent as if the employee
was an employee covered by such section, including
eligibility conditions, allowance rates, and all other terms
and conditions in law or regulation.
______
SA 4562. Mrs. FEINSTEIN (for herself, Mr. Padilla, Mr. Daines, and
Ms. Rosen) submitted an amendment intended to be proposed to amendment
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill
H.R. 4350, to authorize appropriations for fiscal year 2022 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 10__. WAIVER OF PREMIUM PAY LIMITATIONS FOR DEPARTMENT
OF AGRICULTURE, DEPARTMENT OF THE INTERIOR, AND
NATIONAL WEATHER SERVICE EMPLOYEES ENGAGED IN
EMERGENCY WILDLAND FIRE SUPPRESSION ACTIVITIES.
(a) Definitions.--In this section:
(1) Basic pay.--The term ``basic pay'' includes any
applicable locality-based comparability payment under section
5304 of title 5, United States Code, any applicable special
rate supplement under section 5305 of that title, and any
equivalent payment under a similar provision of law.
(2) Covered employee.--The term ``covered employee'' means
an employee of the Department of Agriculture, the Department
of the Interior, or the National Weather Service.
(3) Covered services.--The term ``covered services'' means
services performed by a covered employee--
(A) serving as a wildland firefighter or a fire management
response official, including a regional fire director, a
deputy regional fire director, an agency official who
directly oversees fire operations, and a fire management
officer;
(B) serving as an incident meteorologist accompanying a
wildland firefighter crew; or
(C) serving on an incident management team, at the National
Interagency Fire Center, at a Geographic Area Coordinating
Center, or at an operations center.
(4) Premium pay.--The term ``premium pay'' means the
premium pay paid under the provisions of law described in
section 5547(a) of title 5, United States Code.
(5) Relevant committees.--The term ``relevant committees''
means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Reform of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to an
employee of the Department of Agriculture;
(B) the Secretary of the Interior, with respect to an
employee of the Department of the Interior; and
(C) the Secretary of Commerce, with respect to an employee
of the National Weather Service.
(b) Waivers of Premium Pay Limitation.--
(1) Waiver of premium pay period limitation.--Any premium
pay for covered services shall be disregarded in calculating
the aggregate of the basic pay and premium pay for the
applicable covered employee for purposes of a limitation
under section 5547 of title 5, United States Code, or under
any other provision of law.
(2) Calculation of aggregate pay.--Any pay that is
disregarded under paragraph (1) shall be disregarded in
calculating the aggregate pay of the applicable covered
employee for purposes of applying the limitation under
section 5307 of title 5, United States Code, during calendar
year 2022.
(3) Pay limitation.--A covered employee may not be paid
premium pay under this subsection if, or to the extent that,
the aggregate amount of the basic pay and premium pay
(including premium pay for covered services) of the covered
employee for a calendar year would exceed the rate of basic
pay payable for a position at level II of the Executive
Schedule under section 5313 of title 5, United States Code,
as in effect at the end of that calendar year.
(4) Treatment of additional premium pay.--If the
application of this subsection results in the payment of
additional premium pay to a covered employee of a type that
is normally creditable as basic pay for retirement or any
other purpose, that additional premium pay shall not be--
(A) considered to be basic pay of the covered employee for
any purpose; or
(B) used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under
section 5551 or 5552 of title 5, United States Code.
(5) Effective period.--This subsection shall be in effect
during calendar year 2022 and apply to premium pay payable
during that year.
(c) Submission of Plan.--Not later than March 30, 2022,
each Secretary concerned, in consultation with the Director
of the Office of Management and Budget and the Director of
the Office of Personnel Management, shall submit to the
relevant committees a plan that addresses the needs of the
Department of Agriculture, the Department of the Interior, or
the National Weather Service, as applicable, to hire and
train additional wildland firefighters and incident
meteorologists and modernize compensation for wildland
firefighters and incident meteorologists such that sufficient
firefighting resources are available throughout each year
without the need for waivers of premium pay limitations.
______
SA 4563. Mrs. FEINSTEIN (for herself and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. DECLARATION OF EMERGING THREAT.
(a) In General.--Congress declares methamphetamine an
emerging drug threat, as defined in section 702 of the Office
of National Drug Control Policy Reauthorization Act of 1998
(21 U.S.C. 1701), in the United States.
(b) Required Emerging Threat Response Plan.--Not later than
90 days after the date of enactment of this Act, the Director
of the Office of National Drug Control Policy shall establish
and implement an Emerging Threat Response Plan that is
specific to methamphetamine in accordance with section 709(d)
of the Office of National Drug Control Policy Reauthorization
Act of 1998 (21 U.S.C. 1708(d)).
______
SA 4564. Mr. BENNET submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. 1216. REPORTS AND BRIEFINGS REGARDING OVERSIGHT OF
AFGHANISTAN.
(a) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until December
31, 2026, the Secretary of Defense, in coordination with the
Director of National Intelligence, shall submit to the
appropriate congressional committees a report on Afghanistan.
The report shall address, with respect to Afghanistan, the
following matters:
(1) An assessment of the terrorist threat to the United
States posed by terrorist organizations in Afghanistan.
(2) A description of the intelligence collection posture on
terrorist organizations in Afghanistan, including al-Qaeda
and ISIS-K.
(3) A description of the intelligence collection posture on
the Taliban defense and security forces.
[[Page S8095]]
(4) An assessment of the status of any military cooperation
between the Taliban and China, Russia, or Iran.
(5) An assessment of changes in the ability of al-Qaeda and
ISIS-K to conduct operations outside of Afghanistan against
the United States and United States allies.
(6) A current assessment of counterterrorism capabilities
of the United States to remove the terrorist threat in
Afghanistan.
(7) An assessment of counterterrorism capabilities of
United States allies and partners in Afghanistan and their
willingness to participate in counterterrorism operations.
(8) The location of such counterterrorism capabilities, to
include the current locations of the forces and any plans to
adjust such locations.
(9) Any plans to expand or adjust such counterterrorism
capabilities in the future to account for evolving terrorist
threats in Afghanistan.
(10) An assessment of the quantity and types of United
States military equipment remaining in Afghanistan, including
an indication of whether the Secretary plans to leave,
recover, or destroy such equipment.
(11) Contingency plans for the retrieval or hostage rescue
of United States citizens located in Afghanistan.
(12) Contingency plans related to the continued evacuation
of Afghans who hold special immigrant visa status under
section 602 of the Afghan Allies Protection Act of 2009
(title VI of division F of Public Law 110-8; 8 U.S.C. 1101
note) or who have filed a petition for such status, following
the withdraw of the United States Armed Forces from
Afghanistan.
(13) Any other matters the Secretary determines
appropriate.
(b) Briefings.--Not later than 180 days after the date of
the enactment of this Act, and on a biannual basis thereafter
until December 31, 2026, the Secretary of Defense shall
provide to the appropriate congressional committees a
briefing on the matters specified in subsection (a).
(c) Form.--The reports and briefings under this section may
be submitted in either unclassified or classified form, as
determined appropriate by the Secretary.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
______
SA 4565. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title III, add the following:
SEC. 356. PAYMENTS TO STATES FOR THE TREATMENT OF
PERFLUOROOCTANE SULFONIC ACID AND
PERFLUOROOCTANOIC ACID IN DRINKING WATER.
(a) In General.--The Secretary of the Air Force shall pay a
local water authority located in the vicinity of an
installation of the Air Force, or a State in which the local
water authority is located, for the treatment of
perfluorooctane sulfonic acid and perfluorooctanoic acid in
drinking water from the wells owned and operated by the local
water authority to attain the lifetime health advisory level
for such acids established by the Environmental Protection
Agency and in effect on October 1, 2017.
(b) Eligibility for Payment.--To be eligible to receive
payment under subsection (a)--
(1) a local water authority or State, as the case may be,
must--
(A) request such a payment from the Secretary of the Air
Force for reimbursable expenses not already covered under a
cooperative agreement entered into by the Secretary relating
to treatment of perfluorooctane sulfonic acid and
perfluorooctanoic acid contamination before the date on which
funding is made available to the Secretary for payments
relating to such treatment; and
(B) upon acceptance of such a payment, waive all legal
causes of action arising under chapter 171 of title 28,
United States Code (commonly known as the ``Federal Tort
Claims Act''), and any other Federal tort liability statute
for expenses for treatment and mitigation of perfluorooctane
sulfonic acid and perfluorooctanoic acid incurred before
January 1, 2018, and otherwise covered under this section;
(2) the elevated levels of perfluorooctane sulfonic acid
and perfluorooctanoic acid in the water must be the result of
activities conducted by or paid for by the Department of the
Air Force; and
(3) treatment or mitigation of such acids must have taken
place during the period beginning on January 1, 2016, and
ending on the day before the date of the enactment of this
Act.
(c) Agreements.--
(1) In general.--The Secretary of the Air Force may enter
into such agreements with a local water authority or State as
the Secretary considers necessary to implement this section.
(2) Use of memorandum of agreement.--The Secretary of the
Air Force may use the applicable Defense State Memorandum of
Agreement to pay amounts under subsection (a) that would
otherwise be eligible for payment under that agreement were
those costs paid using amounts appropriated to the
Environmental Restoration Account, Air Force, established
under section 2703(a)(4) of title 10, United States Code.
(3) Payment without regard to existing agreements.--Payment
may be made under subsection (a) to a State or a local water
authority in that State without regard to existing agreements
relating to environmental response actions or indemnification
between the Department of the Air Force and that State.
(d) Limitation.--Any payment made under subsection (a) may
not exceed the actual cost of treatment of perfluorooctane
sulfonic acid and perfluorooctanoic acid resulting from the
activities conducted by or paid for by the Department of the
Air Force.
(e) Availability of Amounts.--Of the amounts authorized to
be appropriated to the Department of Defense for Operation
and Maintenance, Air Force, not more than $10,000,000 shall
be available to carry out this section.
______
SA 4566. Mr. BENNET (for himself, Mrs. Feinstein, and Mr. Crapo)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. __. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD
PROGRAM.
The Secretary of Defense shall continue to support the
FireGuard program with National Guard personnel to aggregate,
analyze, and assess multi-source remote sensing information
for interagency partnerships in the initial detection and
monitoring of wildfires until September 30, 2026. After such
date, the Secretary may not reduce such support, or transfer
responsibility for such support to an interagency partner,
until 30 days after the date on which the Secretary submits
to the Committees on Armed Services of the Senate and House
of Representatives written notice of such proposed change,
and reasons for such change.
______
SA 4567. Mr. BENNET submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. REVIEW OF PORT AND PORT-RELATED INFRASTRUCTURE
PURCHASES AND INVESTMENTS MADE BY THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
AND ENTITIES DIRECTED OR BACKED BY THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The Secretary of State, in coordination
with the Director of National Intelligence, the Secretary of
Defense, and the head of any other agency the Secretary of
State considers necessary, shall conduct a review of port and
port-related infrastructure purchases and investments
critical to the interests and national security of the United
States made by--
(1) the Government of the People's Republic of China;
(2) entities directed or backed by the Government of the
People's Republic of China; and
(3) entities with beneficial owners that include the
Government of the People's Republic of China or a private
company controlled by the Government of the People's Republic
of China.
(b) Elements.--The review required by subsection (a) shall
include the following:
(1) A list of port and port-related infrastructure
purchases and investments described in that subsection,
prioritized in order of the purchases or investments that
pose the greatest threat to United States economic, defense,
and foreign policy interests.
(2) An analysis of the effects the consolidation of such
investments, or the assertion of control by the Government of
the People's Republic of China over entities described in
paragraph (2) or (3) of that subsection, would
[[Page S8096]]
have on Department of State, Office of the Director of
National Intelligence, and Department of Defense contingency
plans.
(3) A description of past and planned efforts by the
Secretary of State, the Director of National Intelligence,
and the Secretary of Defense to address such purchases,
investments, and consolidation of investments or assertion of
control.
(c) Coordination With Other Federal Agencies.--In
conducting the review required by subsection (a), the
Secretary of State may coordinate with the head of any other
Federal agency, as the Secretary of State considers
appropriate.
(d) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate committees of Congress a report on
the results of the review under subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Port.--The term ``port'' means--
(A) any port--
(i) on the navigable waters of the United States; or
(ii) that is considered by the Secretary of State to be
critical to United States interests; and
(B) any harbor, marine terminal, or other shoreside
facility used principally for the movement of goods on inland
waters that the Secretary of State considers critical to
United States interests.
(3) Port-related infrastructure.--The term ``port-related
infrastructure'' includes--
(A) crane equipment;
(B) logistics, information, and communications systems; and
(C) any other infrastructure the Secretary of State
considers appropriate.
______
SA 4568. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XXVII, add the following:
SEC. 2703. CONDITIONS ON CLOSURE OF PUEBLO CHEMICAL DEPOT AND
CHEMICAL AGENT-DESTRUCTION PILOT PLANT,
COLORADO.
(a) Submission of Final Closure and Disposal Plans.--
(1) Plans required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives--
(A) a plan for the closure of the portion of Pueblo
Chemical Depot, Colorado, not previously declared surplus to
the Department of the Army upon the completion of the
chemical demilitarization mission of the Chemical Agent-
Destruction Pilot Plant at Pueblo Chemical Depot; and
(B) a plan for the disposal of all remaining land,
buildings, facilities, and equipment at Pueblo Chemical Depot
not previously declared surplus to the Department of the
Army.
(2) Local redevelopment authority role.--In preparing the
disposal plan required by paragraph (1)(B), the Secretary of
the Army shall take into account the future role of the Local
Redevelopment Authority.
(b) Local Redevelopment Authority Eligibility for
Assistance.--The Secretary of Defense, acting through the
Office of Local Defense Community Cooperation, may make
grants, conclude cooperative agreements, and supplement other
Federal funds to assist the Local Redevelopment Authority in
planning community adjustments and economic diversification
required by the closure of Pueblo Chemical Depot and the
Chemical Agent-Destruction Pilot Plant if the Secretary
determines that the closure is likely to have a direct and
significantly adverse consequence on nearby communities.
(c) General Closure, Realignment, and Disposal
Prohibition.--
(1) Prohibition; certain recipient excepted.--During the
period specified in paragraph (2), the Secretary of the Army
shall take no action--
(A) to close or realign the portion of Pueblo Chemical
Depot not previously declared surplus to the Department of
the Army, which contains the Chemical Agent-Destruction Pilot
Plant; or
(B) to dispose of any land, building, facility, or
equipment that is surplus to the Department of the Army and
that comprises any portion of the Chemical Agent-Destruction
Pilot Plant other than to the Local Redevelopment Authority.
(2) Duration.--The prohibition under paragraph (1) shall
apply until a final closure and disposal decision is made the
Secretary of the Army for the portion of the Pueblo Chemical
Depot not previously declared surplus to the Department of
the Army, following submission of the closure and disposal
plans required by subsection (a).
(d) Prohibition on Demolition or Disposal Related to
Chemical Agent-Destruction Pilot Plant.--
(1) Prohibition; certain recipient excepted.--During the
period specified in paragraph (4), the Secretary of the Army
may not--
(A) demolish any building, facility, or equipment described
in paragraph (2) that comprises any portion of the Chemical
Agent-Destruction Pilot Plant; or
(B) dispose of any such building, facility, or equipment
that is surplus to the Department of the Army other than to
the Local Redevelopment Authority.
(2) Covered buildings, facilities, and equipment.--The
prohibition under paragraph (1) shall apply to the following:
(A) Any building, facility, or equipment that is surplus to
the Department of the Army and that is located outside of a
Hazardous Waste Management Unit, where chemical munitions
were present, but where contamination did not occur, that is
considered by the Secretary of the Army as clean, safe, and
acceptable for reuse by the public after a risk assessment by
the Secretary.
(B) Any building, facility, or equipment that is surplus to
the Department of the Army and that is located outside of a
Hazardous Waste Management Unit, that was not contaminated by
chemical munitions and that was without the potential to be
contaminated, such as office buildings, parts warehouses, or
utility infrastructure, that is considered by the Secretary
of the Army as suitable for reuse by the public.
(3) Exception.--The prohibition under paragraph (1) shall
not apply to any building, facility, or equipment otherwise
described in paragraph (2) for which the Local Redevelopment
Authority provides to the Secretary of the Army a written
determination specifying that the building, facility, or
equipment is not needed for community adjustment and economic
diversification following the closure of the Chemical Agent-
Destruction Pilot Plant.
(4) Duration.--The prohibition under paragraph (1) shall
apply until Hazardous Waste Permit Number CO-20-09-02-01 is
modified or replaced with a new permit under the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the
``Resource Conservation and Recovery Act of 1976'') issued by
the State of Colorado, after the public notice and comment
process has been concluded.
(e) Local Redevelopment Authority Defined.--In this
section, the term ``Local Redevelopment Authority'' means the
Local Redevelopment Authority for Pueblo Chemical Depot, as
recognized by the Office of Local Defense Community
Cooperation of the Department of Defense.
______
SA 4569. Mr. OSSOFF submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. OUTREACH TO HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY SERVING INSTITUTIONS
REGARDING DEFENSE INNOVATION UNIT PROGRAMS THAT
PROMOTE ENTREPRENEURSHIP AND INNOVATION AT
INSTITUTIONS OF HIGHER EDUCATION.
(a) Pilot Program.--The Under Secretary of Defense for
Research and Engineering may establish activities, including
outreach and technical assistance, to better connect
historically Black colleges and universities and minority
serving institutions to the programs of the Defense
Innovation Unit and its associated programs.
(b) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
brief the congressional defense committees on the results of
any activities conducted under subsection (a), including the
results of outreach efforts, the success of expanding Defense
Innovation Unit programs to historically Black colleges and
universities and minority serving institutions, the barriers
to expansion, and recommendations for how the Department of
Defense and the Federal Government can support such
institutions to successfully participate in Defense
Innovation Unit programs.
______
SA 4570. Ms. SMITH (for herself, Mr. Cassidy, and Ms. Warren)
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
[[Page S8097]]
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. STUDY AND REPORT ON THE REDISTRIBUTION OF COVID-19
VACCINE DOSES THAT WOULD OTHERWISE EXPIRE TO
FOREIGN COUNTRIES AND ECONOMIES.
(a) Study.--The Secretary of Health and Human Services, in
consultation with the Secretary of State and the
Administrator of the United States Agency for International
Development, shall conduct a study to identify and analyze
the logistical requirements necessary for the heads of the
relevant agencies--
(1) to track the location of doses of the COVID-19 vaccine
in the United States that have been distributed by the
Government of the United States to--
(A) a State;
(B) a health care provider;
(C) a pharmacy;
(D) a clinic; or
(E) any other health care facility;
(2) to maintain a database of the locations and expiration
dates of such doses;
(3) to determine the latest date prior to expiration that
such doses may--
(A) be recovered and prepared for shipment to foreign
countries and economies; and
(B) be safe and effective upon delivery to such countries
and economies;
(4) to determine whether the supply of doses of the COVID-
19 vaccine in the United States is sufficient to vaccinate
the citizens of the United States;
(5) to distribute to foreign countries and economies doses
of the COVID-19 vaccine that as determined under paragraph
(3) will be safe and effective upon delivery to such
countries and economies;
(6) to identify other Federal agencies with which the heads
of the relevant agencies should coordinate to accomplish the
tasks described in paragraphs (1) through (5); and
(7) to determine the necessary scope of involvement of and
required coordination with the Federal agencies identified
under paragraph (6).
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Health
and Human Services, in consultation with the other heads of
the relevant agencies, shall submit to the appropriate
congressional committees a report on the results of the study
conducted under subsection (a).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Health, Education, Labor, and
Pensions, and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Energy and Commerce, and the Committee
on Foreign Affairs of the House of Representatives.
(2) Relevant agencies.--The term ``relevant agencies''
means--
(A) the Department of Health and Human Services;
(B) the Department of State; and
(C) the United States Agency for International Development.
______
SA 4571. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 3926 submitted by Mr. Portman (for himself, Mr. Booker,
Mr. Cardin, and Mr. Young) and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
On page 5, strike line 4 and insert the following:
(5) to support the Government of Israel in its ongoing
efforts to reach a negotiated solution to the
______
SA 4572. Mr. CORNYN (for himself, Ms. Cortez Masto, and Mr. Lujan)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. ADVERSE INFORMATION IN CASES OF TRAFFICKING.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended by inserting after section 605B the
following:
``Sec. 605C Adverse information in cases of trafficking
``(a) Definitions.--In this section:
``(1) Trafficking documentation.--The term `trafficking
documentation' means--
``(A) documentation of--
``(i) a determination by a Federal, State, or Tribal
governmental entity that a consumer is a victim of
trafficking; or
``(ii) a determination by a court of competent jurisdiction
that a consumer is a victim of trafficking; and
``(B) documentation that identifies items of adverse
information that should not be furnished by a consumer
reporting agency because the items resulted from the severe
form of trafficking in persons or sex trafficking of which
the consumer is a victim.
``(2) Victim of trafficking.--The term `victim of
trafficking' means a person who is a victim of a severe form
of trafficking in persons or sex trafficking, as those terms
are defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
``(b) Adverse Information.--A consumer reporting agency may
not furnish a consumer report containing any adverse item of
information about a consumer that resulted from a severe form
of trafficking in persons or sex trafficking if the consumer
has provided trafficking documentation to the consumer
reporting agency.
``(c) Rulemaking.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Director shall
promulgate regulations to implement subsection (a).
``(2) Contents.--The regulations issued pursuant to
paragraph (1) shall establish a method by which consumers
shall submit trafficking documentation to consumer reporting
agencies.''.
(b) Table of Contents Amendment.--The table of contents of
the Fair Credit Reporting Act is amended by inserting after
the item relating to section 605B the following:
``605C. Adverse information in cases of trafficking.''.
(c) Effective Date.--The amendments made by this section
shall apply on the date that is 30 days after the date on
which the Director of the Bureau of Consumer Financial
Protection issues a rule pursuant to section 605C(c) of the
Fair Credit Reporting Act, as added by subsection (a) of this
section. Any rule issued by the Director to implement such
section 605C shall be limited to preventing a consumer
reporting agency from furnishing a consumer report containing
any adverse item of information about a consumer that
resulted from trafficking.
______
SA 4573. Mr. YOUNG (for himself and Mr. Braun) submitted an amendment
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and
intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. NONAPPLICABILITY OF CERTAIN REQUIREMENTS TO THE
PASSENGER VESSEL AMERICAN QUEEN.
(a) In General.--Notwithstanding any other provision of
law, sections 3507 and 3508 of title 46, United States Code,
shall not apply to the passenger vessel AMERICAN QUEEN
(United States official number 1030765) when such vessel is
operating inside the Boundary Line.
(b) Effective Date.--Subsection (a) shall take effect on
the date of enactment of this Act.
(c) Definitions.--In this section:
(1) Boundary line.--The term ``Boundary Line'' has the
meaning given such term in section 103 of title 46, United
States Code.
(2) Passenger vessel.--The term ``passenger vessel'' has
the meaning given such term in section 2101 of title 46,
United States Code.
______
SA 4574. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1023. AUTHORITY TO CONVEY BY DONATION CERTAIN VESSELS
FOR HUMANITARIAN ASSISTANCE AND DISASTER RELIEF
PURPOSES.
(a) Authority to Convey.--The Secretary of the Navy may
convey, by donation, all right, title, and interest of the
United States Government in and to any vessel described in
subsection (b) to the Coalition of Hope Foundation, Inc., a
nonprofit organization, for use in the provision of
humanitarian assistance and disaster relief services, if the
vessel is no
[[Page S8098]]
longer required by the United States Government.
(b) Vessels Described.--The vessels described in this
subsection are the following vessels, which have been
stricken from the Naval Vessel Register:
(1) The former U.S.S. Tarawa (LHA-1)
(2) The former U.S.S. Peleliu (LHA-5).
(c) Terms of Conveyance.--
(1) Delivery of vessel.--The Secretary of the Navy shall
deliver a vessel conveyed under subsection (a)--
(A) at a location and on a date of conveyance as mutually
agreed to by the Secretary and the recipient; and
(B) in its condition on that date.
(2) Limitations on liability and responsibility.--
(A) Immunity of the united states.--The United States and
all departments and agencies thereof, and their officers and
employees, shall not be liable at law or in equity for any
injury or damage to any person or property occurring on a
vessel donated under this section.
(B) Improvements, upgrades, and repairs.--Notwithstanding
any other law, the Department of Defense, and the officers
and employees of the Department of Defense, shall have no
responsibility or obligation to make, engage in, or provide
funding for, any improvement, upgrade, modification,
maintenance, preservation, or repair to a vessel donated
under this section.
(C) Claims arising from exposure to hazardous material.--
The Secretary may not convey a vessel under this section
unless the recipient agrees to hold the United States
Government harmless for any claim arising from exposure to
hazardous material, including asbestos and polychlorinated
biphenyls, after the conveyance of the vessel, except for any
claim arising before the date of the conveyance or from use
of the vessel by the Government after that date.
(3) Conveyance to be at no cost to department of defense.--
Any conveyance of a vessel under this section, the
demilitarization of Munitions List items of that vessel, the
maintenance and preservation of that vessel after conveyance,
and the ultimate disposal of that vessel shall be made at no
cost to the Department of Defense.
(4) Additional terms.--The Secretary may require such
additional terms in connection with the conveyance authorized
by this section as the Secretary considers appropriate.
(d) Definitions.--In this section:
(1) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of that Code.
(2) Munitions list.--The term ``Munitions List'' means the
United States Munitions List created and controlled under
section 38 of the Arms Export Control Act (22 U.S.C. 2778).
______
SA 4575. Mr. WICKER (for himself and Mr. Kaine) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title II, insert the
following:
SEC. ___. ADDITIONAL FUNDING FOR UNDERSEA WARFARE APPLIED
RESEARCH.
(a) Additional Funding.--The amount authorized to be
appropriated for fiscal year 2022 by section 201 for
research, development, test, and evaluation is hereby
increased by $11,000,000, with the amount of the increase to
be available for Undersea Warfare Applied Research (PE
0602747N).
(b) Offset.--The amount authorized to be appropriated for
fiscal year 2022 by section 101 for procurement for the Army,
the Navy and the Marine Corps, the Air Force and the Space
Force, and Defense-wide activities is hereby decreased by
$11,000,000, with the amount of the decrease to be derived
from amounts available for Shipbuilding and Conversion, Navy
Fleet Ballistic Missile Ships, Line 19, LHA Replacement.
______
SA 4576. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. REIMBURSEMENT OF PHYSICIANS BY DEPARTMENT OF
VETERANS AFFAIRS DURING CERTAIN DISASTERS AND
EMERGENCIES.
(a) In General.--During a period in which a covered
disaster or emergency has been declared, the Secretary of
Veterans Affairs shall reimburse covered physicians for
audio-only telehealth visits under the laws administered by
the Secretary at the same rate as in-person visits.
(b) Definitions.--In this section:
(1) Covered disaster or emergency.--The term ``covered
disaster or emergency'' means the following:
(A) A disaster or emergency specified in section 1785(b) of
title 38, United States Code.
(B) A public health emergency declared by the Secretary of
Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d).
(C) A domestic emergency declared by the Secretary of
Homeland Security.
(2) Covered physician.--The term ``covered physician''
means a physician who is not a physician of the Department of
Veterans Affairs who provides care to veterans under--
(A) the Veterans Community Care Program under section 1703
of title 38, United States Code; or
(B) any other authority under the laws administered by the
Secretary.
______
SA 4577. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1216. IMPOSITION OF SANCTIONS WITH RESPECT TO
TRANSACTIONS INVOLVING AFGHANISTAN'S RARE EARTH
MINERALS.
(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to each foreign
person the President determines engages, on or after the date
of the enactment of this Act, in any transaction involving
rare earth minerals mined or otherwise extracted in
Afghanistan.
(b) Sanctions Described.--The sanctions to be imposed under
subsection (a) with respect to a foreign person are the
following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and prohibit all
transactions in property and interests in property of the
foreign person if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of
an alien described in subsection (a) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b)(1) or any regulation, license, or order issued
to carry out that subsection shall be subject to the
penalties set forth in subsections (b) and (c) of section 206
of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(d) National Security Waiver.--The President may waive the
imposition of sanctions under subsection (a) with respect to
a foreign person if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
notification of the waiver and the reasons for the waiver.
(e) Exceptions.--
(1) Intelligence activities.--This section shall not apply
with respect to activities subject to the reporting
requirements under title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence
activities of the United States.
(2) Law enforcement activities.--Sanctions under this
section shall not apply with respect to any authorized law
enforcement activities of the United States.
(3) Exception to comply with international agreements.--
Subsection (b)(2)
[[Page S8099]]
shall not apply with respect to the admission of an alien to
the United States if such admission is necessary to comply
with the obligations of the United States under the Agreement
regarding the Headquarters of the United Nations, signed at
Lake Success June 26, 1947, and entered into force November
21, 1947, between the United Nations and the United States,
under the Convention on Consular Relations, done at Vienna
April 24, 1963, and entered into force March 19, 1967, or
under other international agreements.
(4) Exception relating to importation of goods.--
(A) In general.--The authority or a requirement to impose
sanctions under this section shall not include the authority
or a requirement to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
(f) Report Required.--The Secretary of State shall submit
to the appropriate congressional committees a report on the
supply of rare earth minerals in Afghanistan during the
period after the Taliban gained control of Afghanistan.
(g) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those
terms in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) Foreign person.--The term ``foreign person'' means any
individual or entity that is not a United States person.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
to the United States for permanent residence; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States.
______
SA 4578. Ms. ERNST (for herself, Ms. Hassan, Mr. Grassley, Mr.
Cramer, Mrs. Feinstein, Mr. Burr, Mr. Tillis, Mr. Risch, Mrs.
Gillibrand, Mr. Tester, Mr. Moran, Mrs. Capito, Mr. Hoeven, Mr.
Boozman, Mr. Lankford, Mr. Warnock, Mr. Romney, Mr. Cornyn, Ms.
Baldwin, Mr. Peters, Ms. Collins, Mrs. Hyde-Smith, Mr. Wicker, Mr.
Braun, Mr. Blumenthal, Mr. Sullivan, Mrs. Blackburn, Mr. Kelly, Mr.
Sasse, Mr. Rubio, Mr. Scott of South Carolina, Mr. Van Hollen, and Mr.
Cardin) submitted an amendment intended to be proposed to amendment SA
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL.
(a) Site.--Notwithstanding section 8908(c) of title 40,
United States Code, the National Global War on Terrorism
Memorial authorized by section 2(a) of the Global War on
Terrorism War Memorial Act (40 U.S.C. 8903 note; Public Law
115-51; 131 Stat. 1003) (referred to in this section as the
``Memorial'') shall be located within the Reserve (as defined
in section 8902(a) of title 40, United States Code).
(b) Applicability of Commemorative Works Act.--Except as
provided in subsection (a), chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act''), shall apply to the Memorial.
______
SA 4579. Mr. COONS (for himself, Mr. Merkley, Mr. Rubio, and Mr.
Tillis) submitted an amendment intended to be proposed to amendment SA
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. DESIGNATION OF CERTAIN RESIDENTS OF THE XINJIANG
UYGHUR AUTONOMOUS REGION.
(a) In General.--
(1) Priority 2 processing.--Persons of special humanitarian
concern eligible for Priority 2 processing under the refugee
resettlement priority system shall include--
(A) Uyghurs and members of other predominately Turkic or
Muslim ethnic groups, including Kazakhs and Kyrgyz, who are
residents of, or fled from, the Xinjiang Uyghur Autonomous
Region and who suffered persecution or have a well-founded
fear of persecution on account of their imputed or actual
religious or ethnic identity;
(B) Uyghurs and members of other predominately Turkic or
Muslim ethnic groups, including Kazakhs and Kyrgyz, who have
been formally charged, detained, or convicted by the
Government of the People's Republic of China on account of
their peaceful actions in the Xinjiang Uyghur Autonomous
Region, as described in the Uyghur Human Rights Policy Act of
2020 (Public Law 116-145); and
(C) the spouses, children, and parents (as such terms are
defined in subsections (a) and (b) of section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)) of
individuals described in subparagraph (A) or (B), except such
parents who are citizens of a country other than the People's
Republic of China.
(2) Processing of xinjiang uyghur autonomous region
refugees.--The processing of individuals described in
paragraph (1) for classification as refugees may occur in
China or in another foreign country.
(3) Eligibility for admission as refugees.--An alien may
not be denied the opportunity to apply for admission as a
refugee under this subsection primarily because such alien--
(A) qualifies as an immediate relative of a citizen of the
United States; or
(B) is eligible for admission to the United States under
any other immigrant classification.
(4) Facilitation of admissions.--Certain applicants for
admission to the United States from the Xinjiang Uyghur
Autonomous Region may not be denied primarily on the basis of
a politically motivated arrest, detention, or other adverse
government action taken against such applicant as a result of
the participation by such applicant in religious, cultural,
or protest activities.
(5) Bilateral diplomacy.--The Secretary of State shall
prioritize bilateral diplomacy with foreign countries hosting
former residents of the Xinjiang Uyghur Autonomous Region who
face significant diplomatic pressure from the Government of
the People's Republic of China.
(6) Exclusion from numerical limitations.--Aliens eligible
for Priority 2 processing under this subsection who are
provided refugee status shall not be counted against any
numerical limitation under section 201, 202, 203, or 207 of
the Immigration and Nationality Act (8 U.S.C. 1151, 1152,
1153, and 1157).
(7) Reporting requirements.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of State and the Secretary of Homeland Security
shall jointly submit a report containing the matters
described in subparagraph (B) to--
(i) the Committee on the Judiciary of the Senate;
(ii) the Committee on Foreign Relations of the Senate;
(iii) the Committee on the Judiciary of the House of
Representatives; and
(iv) the Committee on Foreign Affairs of the House of
Representatives.
(B) Matters to be included.--Each report required under
subparagraph (A) shall include--
(i) the total number of applications from individuals
described in paragraph (1) that are pending at the end of the
reporting period;
(ii) the average wait-times and the number of such
applicants who, at the end of the reporting period, are
waiting for--
(I) a prescreening interview with a resettlement support
center;
(II) an interview with U.S. Citizenship and Immigration
Services;
(III) the completion of security checks; or
(IV) receipt of a final decision after completion of an
interview with U.S. Citizenship and Immigration Services; and
(iii) the number of individuals who applied for refugee
status under this subsection whose application was denied,
disaggregated by the reason for each such denial.
(C) Form.--Each report required under subparagraph (A)
shall be submitted in unclassified form, but may include a
classified annex.
(D) Public reports.--The Secretary of State shall make each
report submitted under this paragraph available to the public
on the internet website of the Department of State.
(8) Satisfaction of other requirements.--Aliens eligible
under this subsection for Priority 2 processing under the
refugee resettlement priority system shall satisfy the
requirements under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) for admission to the United
States.
(b) Waiver of Immigrant Status Presumption.--
(1) In general.--The presumption under the first sentence
of section 214(b) of the Immigration and Nationality Act (8
U.S.C. 1184(b)) that every alien is an immigrant until the
alien establishes that the alien is entitled to nonimmigrant
status shall not apply to an alien described in paragraph
(2).
(2) Alien described.--
[[Page S8100]]
(A) In general.--Subject to subparagraph (B), an alien
described in this paragraph is an alien who--
(i)(I) is an Uyghur or a member of another predominately
Turkic or Muslim ethnic group, including Kazakhs and Kyrgyz,
and was a resident of the Xinjiang Uyghur Autonomous Region
on January 1 2021; or
(II) fled the Xinjiang Uyghur Autonomous Region after June
30, 2009 and resides in a different province of China or in
another foreign country;
(ii) is seeking entry to the United States to apply for
asylum under section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158); and
(iii) is facing repression in the Xinjiang Uyghur
Autonomous Region by the Government of the People's Republic
of China including--
(I) forced and arbitrary detention including in internment
and reeducation camps;
(II) forced political indoctrination, torture, beatings,
food deprivation, and denial of religious, cultural, and
linguistic freedoms;
(III) forced labor;
(IV) forced separation from family members; or
(V) other forms of systemic threats, harassment, and gross
human rights violations.
(B) Exclusion.--An alien described in this paragraph does
not include any alien who--
(i) is a citizen or permanent resident of a country other
than the People's Republic of China; or
(ii) is determined to have committed a gross violation of
human rights.
(3) Intention to abandon foreign residence.--The filing by
an alien described in paragraph (2) of an application for a
preference status under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) or otherwise seeking
permanent residence in the United States shall not be deemed
as evidence of the alien's intention to abandon a foreign
residence for purposes of obtaining a visa as a nonimmigrant
described in subparagraph (H)(i)(b), (H)(i)(c), (L), or (V)
of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) or
otherwise obtaining or maintaining the status of a
nonimmigrant described in any such subparagraph if the alien
had obtained a change of status under section 208 of such Act
to a classification as such a nonimmigrant before the alien's
most recent departure from the United States.
(c) Refugee and Asylum Determinations Under the Immigration
and Nationality Act.--
(1) Persecution on account of political, religious, or
cultural expression or association.--
(A) In general.--An alien who is within a category of
aliens established under this section may establish, for
purposes of admission as a refugee under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157), that the
alien has a well-founded fear of persecution on account of
race, religion, nationality, membership in a particular
social group, or political opinion by asserting such a fear
and asserting a credible basis for concern about the
possibility of such persecution.
(B) Nationals of the people's republic of china.--For
purposes of refugee determinations under this section in
accordance with section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), a national of the People's
Republic of China whose residency in the Xinjiang Uyghur
Autonomous Region, or any other area within the jurisdiction
of the People's Republic of China, as determined by the
Secretary of State, is revoked for having submitted to any
United States Government agency a nonfrivolous application
for refugee status, asylum, or any other immigration benefit
under the immigration laws shall be considered to have
suffered persecution on account of political opinion.
(2) Changed circumstances.--For purposes of asylum
determinations under this section in accordance with section
208 of the Immigration and Nationality Act (8 U.S.C. 1158),
the revocation of the citizenship, nationality, or residency
of an individual for having submitted to any United States
Government agency a nonfrivolous application for refugee
status, asylum, or any other immigration benefit under the
immigration laws shall be considered to be changed
circumstances under subsection (a)(2)(D) of such section.
(d) Statement of Policy on Encouraging Allies and Partners
to Make Similar Accommodations.--It is the policy of the
United States to encourage allies and partners of the United
States to make accommodations similar to the accommodations
made under this section for Uyghurs and members of other
predominately Turkic or Muslim ethnic groups, including
Kazakhs and Kyrgyz, who were previously residents of the
Xinjiang Uyghur Autonomous Region and are fleeing oppression
by the Government of the People's Republic of China.
(e) Sunset Clause.--This section shall cease to have effect
on the date that is 10 years after the date of the enactment
of this Act.
______
SA 4580. Mrs. GILLIBRAND submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
Strike section 1601 and insert the following:
SEC. 1601. MATTERS CONCERNING CYBER PERSONNEL REQUIREMENTS.
(a) In General.--The Secretary of Defense shall--
(1) determine the overall workforce requirement of the
Department of Defense for cyber and information operation
military personnel across the active and reserve components
of the Armed Forces (other than the Coast Guard) and for
civilian personnel, and in doing so shall--
(A) consider personnel in positions securing the Department
of Defense Information Network and associated enterprise
information technology, defense agencies and field
activities, and combatant commands, including current billets
primarily associated with the information environment and
cyberspace domain and projected future billets;
(B) consider the mix between military and civilian
personnel, active and reserve components, and the use of the
National Guard;
(C) develop a workforce development plan for military and
civilian personnel that covers accessions, training,
education, recruitment, retention, fair and competitive
compensation, enlistment standards and screening tools,
analysis of recruiting resources and sustainment of the
workforce, and metrics to evaluate success; and
(D) consider such other elements as the Secretary
determines appropriate;
(2) assess current and future general information warfare
and cyber education curriculum and requirements for military
and civilian personnel, including--
(A) acquisition personnel;
(B) accessions and recruits to the military services;
(C) cadets and midshipmen at the military service academies
and enrolled in the Senior Reserve Officers' Training Corps;
(D) information environment and cyberspace military and
civilian personnel; and
(E) non-information environment and cyberspace military and
civilian personnel;
(3) assess the talent management value for the Department's
cyber workforce requirement of cyberspace and information
environment-related scholarship-for-service programs,
including--
(A) the CyberCorps: Scholarship for Service (SFS);
(B) the Department of Defense Cyber Scholarship Program
(DoD CySP);
(C) the Department of Defense Science, Mathematics, and
Research for Transformation (SMART) Scholarship-for-Service
Program;
(D) the Stokes Educational Scholarship Program; and
(E) the OnRamp II Scholarship Program;
(4) identify appropriate locations for information warfare
and cyber education for military and civilian personnel as
the Secretary considers appropriate, including--
(A) the military service academies;
(B) the educational institutions described in section
2151(b) of title 10, United States Code;
(C) the Air Force Institute of Technology;
(D) the National Defense University;
(E) the Joint Special Operations University;
(F) any other military educational institution of the
Department specified by the Secretary for purposes of this
section;
(G) the Cyber Centers of Academic Excellence certified
jointly by the National Security Agency and the Department of
Homeland Security; and
(H) potential future educational institutions of the
Federal Government, including an assessment, in consultation
with the Secretary of Homeland Security and the National
Cyber Director, of the potential components of a National
Cyber Academy or similar institute created for the purpose of
educating and training civilian and military personnel for
service in cyber, information, and related fields throughout
the Federal Government; and
(5) determine--
(A) the cyberspace domain and information warfare mission
requirements of an undergraduate- and graduate-level
professional military education college on par with and
distinct from the war colleges for the Army, Navy, and Air
Force;
(B) what curriculum such a college should instruct;
(C) whether such a college should be joint;
(D) where it should be located;
(E) where such college should be administered;
(F) interim efforts to improve the coordination of existing
cyber and information environment education programs; and
(G) the feasibility and advisability of partnering with and
integrating a Reserve Officers' Training Corps (ROTC)
program, which shall include civilian personnel, dedicated to
cyber and information environment operations.
(b) Briefing and Report Required.--Not later than May 31,
2022, the Secretary shall provide the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing and, not later than
September 30, 2022, the Secretary shall submit to such
committees a report on--
(1) the findings of the Secretary in carrying out
subsection (a);
[[Page S8101]]
(2) an implementation plan to achieve future information
warfare and cyber education requirements at appropriate
locations;
(3) such recommendations as the Secretary may have for
personnel needs in information warfare and the cyberspace
domain; and
(4) such legislative or administrative action as the
Secretary identifies as necessary to effectively meet cyber
personnel requirements.
(c) Education Defined.--In this section, the term
``education'' includes formal education requirements, such as
degrees and certification in targeted subject areas, but also
general training, including--
(1) reskilling;
(2) knowledge, skills, and abilities; and
(3) nonacademic professional development.
______
SA 4581. Mrs. GILLIBRAND submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. MATTERS CONCERNING CYBER PERSONNEL EDUCATION
REQUIREMENTS.
(a) In General.--The Director of National Intelligence
shall--
(1) assess current cyber education curricula and
requirements for civilian personnel of the intelligence
community, including cyberspace and information environment-
related scholarship-for-service programs, including--
(A) the CyberCorps: Scholarship for Service (SFS);
(B) the Stokes Educational Scholarship Program; and
(C) the OnRamp II Scholarship Program;
(2) recommend--
(A) cyberspace domain and information security curriculum
requirements of undergraduate- and graduate-level accredited
institutions;
(B) under which Federal department or agency such a
curriculum could be administered; and
(C) interim efforts to improve the coordination of existing
cyberspace and information environment education programs;
and
(3) identify--
(A) any counterintelligence risks or threats to the
intelligence community that establishment of such a
curriculum could create; and
(B) a cost estimate for the establishment of such a
curriculum.
(b) Report Required.--
(1) In general.--Not later than May 31, 2022, the Director
shall provide the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives a briefing and, not later than
September 30, 2022, the Director shall submit to such
committees a report on--
(A) the findings of the Director in carrying out subsection
(a);
(B) such recommendations as the Director may have for
personnel education needs in the cyberspace domain; and
(C) any legislative or administrative action the Director
identifies as necessary to effectively meet cyber personnel
education requirements.
(2) Form.--In presenting and submitting findings under
paragraph (1), the Director may--
(A) when providing the briefing required by such paragraph,
present such findings in a classified setting; and
(B) when submitting the report required by such paragraph,
include such findings in a classified annex.
(c) Definitions.--In this section:
(1) Education.--The term ``education'' includes formal
education requirements, such as degrees and certification in
targeted subject areas.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
______
SA 4582. Ms. KLOBUCHAR (for herself and Mrs. Feinstein) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title V, add the following:
SEC. 596. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR
MEMBERS OF THE ARMED FORCES OVERSEAS.
(a) Study Required.--The Director of the Federal Voting
Assistance Program of the Department of Defense shall conduct
a study on means of improving access to voting for members of
the Armed Forces overseas.
(b) Report.--Not later than September 30, 2023, the
Director shall submit to Congress a report on the results of
the study conducted under subsection (a). The report shall
include the following:
(1) The results of a survey, undertaken for purposes of the
study, of Voting Assistance Officers and members of the Armed
Forces overseas on means of improving access to voting for
such members, including through the establishment of unit-
level assistance mechanisms or permanent voting assistance
offices.
(2) An estimate of the costs and requirements in connection
with an expansion of the number of Voting Assistance Officers
in order to fully meet the needs of members of the Armed
Forces overseas for access to voting.
(3) A description and assessment of various actions to be
undertaken under the Federal Voting Assistance Program in
order to increase the capabilities of the Voting Assistance
Officer program.
______
SA 4583. Mr. MANCHIN (for himself, Mr. Lujan, and Mrs. Capito)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. AMOUNTS FOR NEXT GENERATION RADAR AND RADIO
ASTRONOMY IMPROVEMENTS AND RELATED ACTIVITIES.
There are authorized to be appropriated to the National
Science Foundation, $176,000,000 for the period of fiscal
years 2022 through 2024 for the design, development,
prototyping, or mid-scale upgrades of next generation radar
and radio astronomy improvements and related activities under
section 14 of the National Science Foundation Authorization
Act of 2002 (42 U.S.C. 1862n-4).
______
SA 4584. Mrs. SHAHEEN (for herself, Ms. Collins, Mr. Warner, Mr.
Rubio, Mr. Risch, Mr. Menendez, Mr. Durbin, and Mrs. Gillibrand)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
Strike section 1053 and insert the following:
SEC. 1053. ANOMALOUS HEALTH INCIDENTS.
(a) Definitions.--In this section:
(1) Agency coordination lead.--The term ``Agency
Coordination Lead'' means a senior official designated by the
head of a relevant agency to serve as the Anomalous Health
Incident Agency Coordination Lead for such agency.
(2) Appropriate national security committees.--The term
``appropriate national security committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(E) the Committee on the Judiciary of the Senate;
(F) the Committee on Appropriations of the Senate;
(G) the Committee on Armed Services of the House of
Representatives;
(H) the Committee on Foreign Affairs of the House of
Representatives;
(I) the Permanent Select Committee on Intelligence of the
House of Representatives;
(J) the Committee on Homeland Security of the House of
Representatives;
(K) the Committee on the Judiciary of the House of
Representatives; and
(L) the Committee on Appropriations of the House of
Representatives.
(3) Interagency coordinator.--The term ``Interagency
Coordinator'' means the Anomalous Health Incidents
Interagency Coordinator designated pursuant to subsection
(b)(1).
(4) Relevant agencies.--The term ``relevant agencies''
means--
(A) the Department of Defense;
(B) the Department of State;
(C) the Office of the Director of National Intelligence;
(D) the Department of Justice;
(E) the Department of Homeland Security; and
(F) other agencies and bodies designated by the Interagency
Coordinator.
[[Page S8102]]
(b) Anomalous Health Incidents Interagency Coordinator.--
(1) Designation.--Not later than 30 days after the date of
the enactment of this Act, the President shall designate an
appropriate senior official as the ``Anomalous Health
Incidents Interagency Coordinator'', who shall work through
the President's designated National Security process--
(A) to coordinate the United States Government's response
to anomalous health incidents;
(B) to coordinate among relevant agencies to ensure
equitable and timely access to assessment and care for
affected personnel, dependents, and other appropriate
individuals;
(C) to ensure adequate training and education for United
States Government personnel; and
(D) to ensure that information regarding anomalous health
incidents is efficiently shared across relevant agencies in a
manner that provides appropriate protections for classified,
sensitive, and personal information.
(2) Designation of agency coordination leads.--
(A) In general.--The head of each relevant agency shall
designate a Senate-confirmed or other appropriate senior
official, who shall--
(i) serve as the Anomalous Health Incident Agency
Coordination Lead for the relevant agency;
(ii) report directly to the head of the relevant agency
regarding activities carried out under this section;
(iii) perform functions specific to the relevant agency,
consistent with the directives of the Interagency Coordinator
and the established interagency process;
(iv) participate in interagency briefings to Congress
regarding the United States Government response to anomalous
health incidents; and
(v) represent the relevant agency in meetings convened by
the Interagency Coordinator.
(B) Delegation prohibited.--An Agency Coordination Lead may
not delegate the responsibilities described in clauses (i)
through (v) of subparagraph (A).
(3) Secure reporting mechanisms.--Not later than 90 days
after the date of the enactment of this Act, the Interagency
Coordinator shall--
(A) ensure that agencies develop a process to provide a
secure mechanism for personnel, their dependents, and other
appropriate individuals to self-report any suspected exposure
that could be an anomalous health incident;
(B) ensure that agencies share all relevant data with the
Office of the Director of National Intelligence through
existing processes coordinated by the Interagency
Coordinator; and
(C) in establishing the mechanism described in subparagraph
(A), prioritize secure information collection and handling
processes to protect classified, sensitive, and personal
information.
(4) Briefings.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act, and quarterly thereafter for the
following 2 years, the Agency Coordination Leads shall
jointly provide a briefing to the appropriate national
security committees regarding progress made in achieving the
objectives described in paragraph (1).
(B) Elements.--The briefings required under subparagraph
(A) shall include--
(i) an update on the investigation into anomalous health
incidents impacting United States Government personnel and
their family members, including technical causation and
suspected perpetrators;
(ii) an update on new or persistent incidents;
(iii) threat prevention and mitigation efforts to include
personnel training;
(iv) changes to operating posture due to anomalous health
threats;
(v) an update on diagnosis and treatment efforts for
affected individuals, including patient numbers and wait
times to access care;
(vi) efforts to improve and encourage reporting of
incidents;
(vii) detailed roles and responsibilities of Agency
Coordination Leads;
(viii) information regarding additional authorities or
resources needed to support the interagency response; and
(ix) other matters that the Interagency Coordinator or the
Agency Coordination Leads consider appropriate.
(C) Unclassified briefing summary.--The Agency Coordination
Leads shall provide a coordinated, unclassified summary of
the briefings to Congress, which shall include as much
information as practicable without revealing classified
information or information that is likely to identify an
individual.
(5) Retention of authority.--The appointment of the
Interagency Coordinator shall not deprive any Federal agency
of any authority to independently perform its authorized
functions.
(6) Rule of construction.--Nothing in this subsection may
be construed to limit--
(A) the President's authority under article II of the
United States Constitution; or
(B) the provision of health care and benefits to afflicted
individuals, consistent with existing laws.
(c) Development and Dissemination of Workforce Guidance.--
The President shall direct relevant agencies to develop and
disseminate to their employees, not later than 30 days after
the date of the enactment of this Act, updated workforce
guidance that describes--
(1) the threat posed by anomalous health incidents;
(2) known defensive techniques; and
(3) processes to self-report suspected exposure that could
be an anomalous health incident.
______
SA 4585. Mr. MANCHIN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XXXI, add the following:
SEC. 3157. UNIVERSITY-BASED NUCLEAR POLICY COLLABORATION
PROGRAM.
(a) In General.--Title XLIII of the Atomic Energy Defense
Act (50 U.S.C. 2565 et seq.) is amended by adding at the end
the following new section:
``SEC. 4312. UNIVERSITY-BASED NUCLEAR POLICY COLLABORATION
PROGRAM.
``(a) Program.--The Administrator shall carry out a program
under which the Administrator establishes a policy research
consortium of institutions of higher education and nonprofit
entities in support of implementing and innovating the
defense nuclear policy programs of the Administration. The
Administrator shall establish and carry out such program in a
manner similar to the program established under section 4814.
``(b) Purposes.--The purposes of the consortium established
under subsection (a) are as follows:
``(1) To shape the formulation and application of policy
through the conduct of research and analysis regarding
defense nuclear policy programs.
``(2) To maintain open-source databases on issues relevant
to understanding defense nuclear nonproliferation, arms
control, nuclear deterrence, foreign nuclear programs, and
nuclear security.
``(3) To facilitate the collaboration of research centers
of excellence relating to defense nuclear nonproliferation to
better distribute expertise to specific issues and scenarios
regarding such threats.
``(c) Duties.--
``(1) Support.--The Administrator shall ensure that the
consortium established under subsection (a) provides support
to individuals described in paragraph (2) through the use of
nongovernmental fellowships, scholarships, research
internships, workshops, short courses, summer schools, and
research grants.
``(2) Individuals described.--Individuals described in this
paragraph are graduate students, academics, and policy
specialists, who are focused on policy innovation related
to--
``(A) defense nuclear nonproliferation;
``(B) arms control;
``(C) nuclear deterrence;
``(D) the study of foreign nuclear programs;
``(E) nuclear security; or
``(F) educating and training the next generation of defense
nuclear policy experts.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4311 the following new item:
``Sec. 4312. University-based nuclear policy collaboration program.''.
______
SA 4586. Mrs. FEINSTEIN (for herself, Ms. Ernst, Ms. Duckworth, Ms.
Collins, Mr. Durbin, Mr. Cornyn, Ms. Hirono, and Mr. Peters) submitted
an amendment intended to be proposed to amendment SA 3867 submitted by
Mr. Reed and intended to be proposed to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1220L. STATUS OF WOMEN AND GIRLS IN AFGHANISTAN.
(a) Findings.--Congress finds the following:
(1) Since May 2021, the escalation of violent conflict in
Afghanistan has forcibly displaced an estimated 655,000
civilians, and 80 percent of those forced to flee are women
and children.
(2) Since regaining control of Afghanistan in August 2021,
the Taliban have taken actions reminiscent of their brutal
rule in the late 1990s, including by cracking down on
protesters, detaining and beating journalists, reestablishing
the Ministry for the Promotion of Virtue and Prevention of
Vice, and requiring women to study at universities in gender-
segregated classrooms while wearing Islamic attire.
(3) Until the Taliban assumed control of the country in
August 2021, the women and girls of Afghanistan had achieved
much since
[[Page S8103]]
2001, even as insecurity, poverty, underdevelopment, and
patriarchal norms continued to limit their rights and
opportunities in much of Afghanistan.
(4) Through strong support from the United States and the
international community--
(A) female enrollment in public schools in Afghanistan
continued to increase through 2015, with an estimated high of
50 percent of school age girls attending; and
(B) by 2019--
(i) women held political leadership positions, and women
served as ambassadors; and
(ii) women served as professors, judges, prosecutors,
defense attorneys, police, military members, health
professionals, journalists, humanitarian and developmental
aid workers, and entrepreneurs.
(5) Efforts to empower women and girls in Afghanistan
continue to serve the national interests of Afghanistan and
the United States because women are sources of peace and
economic progress.
(6) With the return of Taliban control, the United States
has little ability to preserve the human rights of women and
girls in Afghanistan, and those women and girls may again
face the intimidation and marginalization they faced under
the last Taliban regime.
(7) Women and girls in Afghanistan are again facing gender-
based violence, including--
(A) forced marriage;
(B) intimate partner and domestic violence;
(C) sexual harassment;
(D) sexual violence, including rape;
(E) denial of resources; and
(F) emotional and psychological violence.
(8) Gender-based violence has always been a significant
problem in Afghanistan and is expected to become more
widespread with the Taliban in control. In 2020, even before
the Taliban assumed control of the country, Human Rights
Watch projected that 87 percent of Afghan women and girls
will experience at least one form of gender-based violence in
their lifetime, with 62 percent experiencing multiple
incidents of such violence.
(9) Prior to the Taliban takeover in August 2021,
approximately 7,000,000 people in Afghanistan lacked or had
limited access to essential health services as a result of
inadequate public health coverage, weak health systems, and
conflict-related interruptions in care.
(10) Women and girls faced additional challenges, as their
access to life-saving services, such as emergency obstetric
services, was limited due to a shortage of female medical
staff, cultural barriers, stigma and fears of reprisals
following sexual violence, or other barriers to mobility,
including security fears.
(11) Only approximately 50 percent of pregnant women and
girls in Afghanistan deliver their children in a health
facility with a professional attendant, which increases the
risk of complications in childbirth and preventable maternal
mortality.
(12) Food insecurity in Afghanistan is also posing a
variety of threats to women and girls, as malnutrition
weakens their immune systems and makes them more susceptible
to infections, complications during pregnancy, and risks
during childbirth.
(13) With the combined impacts of ongoing conflict and
COVID-19, Afghan households increasingly resort to child
marriage, forced marriage, and child labor to address food
insecurity and other effects of extreme poverty.
(14) In Afghanistan, the high prevalence of anemia among
adolescent girls reduces their ability to survive childbirth,
especially when coupled with high rates of child marriage and
forced marriage and barriers to accessing safe health
services and information.
(b) Sense of Congress.--It is the sense of Congress that--
(1) since 2001, organizations and networks promoting the
empowerment of women and girls have been important engines of
social, economic, and political development in Afghanistan;
(2) any future political order in Afghanistan should secure
the political, economic, and social gains made by Afghan
women and work to increase the equal treatment of women and
girls and improve the safe access for women and girls to
essential services and information through laws and policies
pertaining to public and private life;
(3) respecting the human rights of all people is essential
to securing lasting peace and sustainable development in
Afghanistan;
(4) in cooperation with international partners, the United
States must endeavor to preserve the hard-won gains made in
Afghanistan during the past two decades, particularly as
related to the social, economic and political empowerment of
women and girls in society;
(5) the continued provision of humanitarian assistance in
Afghanistan should be targeted toward the most vulnerable,
including for the protection, education, and well-being of
women and girls;
(6) immediate and ongoing humanitarian needs in Afghanistan
can only be met by a humanitarian response that includes
formal agreements between local nongovernmental organizations
and international partners that promotes the safe access and
participation of female staff at all levels and across
functional roles among all humanitarian actors; and
(7) a lack of aid and essential services would exacerbate
the current humanitarian crisis and serve to reinforce gender
inequalities and power imbalances in Afghanistan.
(c) Policy of the United States Regarding the Rights of
Women and Girls of Afghanistan.--
(1) In general.--It is the policy of the United States--
(A) to continue to support the human rights of women and
girls in Afghanistan following the withdrawal of the United
States Armed Forces from Afghanistan, including through
mechanisms to hold all parties publicly accountable for
violations of international humanitarian law and human rights
violations against women and girls;
(B) to strongly oppose any weakening of the rights of women
and girls in Afghanistan;
(C) to use the voice and influence of the United States at
the United Nations to promote, respect, and uphold the human
rights of the women and girls of Afghanistan, including the
right to safely work;
(D) to identify individuals who violate the human rights of
women and girls in Afghanistan, as those rights are defined
by international human rights standards, such as by
committing acts of murder, lynching, and grievous domestic
violence against women, and to press for bringing those
individuals to justice;
(E) to systematically consult with Afghan women and girls
on their needs and priorities in the development,
implementation, and monitoring of humanitarian action,
including women and girls who are part of the Afghan diaspora
community; and
(F) to ensure all humanitarian action is informed by--
(i) a gender analysis that identifies forms of inequality
and oppression; and
(ii) the collection, analysis, and use of data
disaggregated by sex and age.
(d) Humanitarian Assistance and Afghan Women.--The
Administrator of the United States Agency for International
Development should work to ensure that Afghan women are
employed and enabled to work in the delivery of humanitarian
assistance in Afghanistan, to the extent practicable.
(e) Report on Women and Girls in Afghanistan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter
through 2024, the Secretary of State shall submit to the
appropriate committees of Congress a report that includes the
following:
(A) An assessment of the status of women and girls in
Afghanistan following the departure of United States and
partner military forces, including with respect to access to
primary and secondary education, jobs, health care, and legal
protections and status.
(B) An assessment of the political and civic participation
of women and girls in Afghanistan.
(C) An assessment of the prevalence of gender-based
violence in Afghanistan.
(D) A report on funds for United States foreign assistance
obligated or expended during the period covered by the report
to advance gender equality and the human rights of women and
girls in Afghanistan, including funds directed toward local
organizations promoting the rights of women and girls.
(2) Assessment.--
(A) Input.--The assessment described in paragraph (1)(A)
shall include the input of--
(i) Afghan women and girls;
(ii) organizations employing and working with Afghan women
and girls; and
(iii) humanitarian organizations providing assistance in
Afghanistan.
(B) Safety and confidentiality.--In carrying out the
assessment described in paragraph (1)(A), the Secretary
shall, to the maximum extent practicable, ensure the safety
and confidentiality of personal information of each
individual who provides information from within Afghanistan.
(3) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
______
SA 4587. Mr. CASEY (for himself, Mr. Cassidy, Mrs. Shaheen, Mrs.
Capito, Ms. Smith, Ms. Murkowski, Mr. Kaine, and Mr. Grassley)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Pregnant Workers Fairness Act
SEC. 1071. SHORT TITLE.
This subtitle may be cited as the ``Pregnant Workers
Fairness Act''.
SEC. 1072. NONDISCRIMINATION WITH REGARD TO REASONABLE
ACCOMMODATIONS RELATED TO PREGNANCY.
It shall be an unlawful employment practice for a covered
entity to--
[[Page S8104]]
(1) not make reasonable accommodations to the known
limitations related to the pregnancy, childbirth, or related
medical conditions of a qualified employee, unless such
covered entity can demonstrate that the accommodation would
impose an undue hardship on the operation of the business of
such covered entity;
(2) require a qualified employee affected by pregnancy,
childbirth, or related medical conditions to accept an
accommodation other than any reasonable accommodation arrived
at through the interactive process referred to in section
1075(7);
(3) deny employment opportunities to a qualified employee
if such denial is based on the need of the covered entity to
make reasonable accommodations to the known limitations
related to the pregnancy, childbirth, or related medical
conditions of a qualified employee;
(4) require a qualified employee to take leave, whether
paid or unpaid, if another reasonable accommodation can be
provided to the known limitations related to the pregnancy,
childbirth, or related medical conditions of a qualified
employee; or
(5) take adverse action in terms, conditions, or privileges
of employment against a qualified employee on account of the
employee requesting or using a reasonable accommodation to
the known limitations related to the pregnancy, childbirth,
or related medical conditions of the employee.
SEC. 1073. REMEDIES AND ENFORCEMENT.
(a) Employees Covered by Title VII of the Civil Rights Act
of 1964.--
(1) In general.--The powers, remedies, and procedures
provided in sections 705, 706, 707, 709, 710, and 711 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
Commission, the Attorney General, or any person alleging a
violation of title VII of such Act (42 U.S.C. 2000e et seq.)
shall be the powers, remedies, and procedures this subtitle
provides to the Commission, the Attorney General, or any
person, respectively, alleging an unlawful employment
practice in violation of this subtitle against an employee
described in section 1075(3)(A) except as provided in
paragraphs (2) and (3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this subtitle provides to the
Commission, the Attorney General, or any person alleging such
practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this subtitle provides to the Commission, the
Attorney General, or any person alleging such practice (not
an employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes).
(b) Employees Covered by Congressional Accountability Act
of 1995.--
(1) In general.--The powers, remedies, and procedures
provided in the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) to the Board (as defined in section 101
of such Act (2 U.S.C. 1301)) or any person alleging a
violation of section 201(a)(1) of such Act (2 U.S.C.
1311(a)(1)) shall be the powers, remedies, and procedures
this subtitle provides to the Board or any person,
respectively, alleging an unlawful employment practice in
violation of this subtitle against an employee described in
section 1075(3)(B), except as provided in paragraphs (2) and
(3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this subtitle provides to the Board
or any person alleging such practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this subtitle provides to the Board or any person
alleging such practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes).
(4) Other applicable provisions.--With respect to a claim
alleging a practice described in paragraph (1), title III of
the Congressional Accountability Act of 1995 (2 U.S.C. 1381
et seq.) shall apply in the same manner as such title applies
with respect to a claim alleging a violation of section
201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
(c) Employees Covered by Chapter 5 of Title 3, United
States Code.--
(1) In general.--The powers, remedies, and procedures
provided in chapter 5 of title 3, United States Code, to the
President, the Commission, the Merit Systems Protection
Board, or any person alleging a violation of section
411(a)(1) of such title shall be the powers, remedies, and
procedures this subtitle provides to the President, the
Commission, the Board, or any person, respectively, alleging
an unlawful employment practice in violation of this subtitle
against an employee described in section 1075(3)(C), except
as provided in paragraphs (2) and (3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this subtitle provides to the
President, the Commission, the Board, or any person alleging
such practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this subtitle provides to the President, the
Commission, the Board, or any person alleging such practice
(not an employment practice specifically excluded from
coverage under section 1977A(a)(1) of the Revised Statutes).
(d) Employees Covered by Government Employee Rights Act of
1991.--
(1) In general.--The powers, remedies, and procedures
provided in sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the
Commission or any person alleging a violation of section
302(a)(1) of such Act (42 U.S.C. 2000e-16b(a)(1)) shall be
the powers, remedies, and procedures this subtitle provides
to the Commission or any person, respectively, alleging an
unlawful employment practice in violation of this subtitle
against an employee described in section 1075(3)(D), except
as provided in paragraphs (2) and (3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this subtitle provides to the
Commission or any person alleging such practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this subtitle provides to the Commission or any
person alleging such practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes).
(e) Employees Covered by Section 717 of the Civil Rights
Act of 1964.--
(1) In general.--The powers, remedies, and procedures
provided in section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) to the Commission, the Attorney General, the
Librarian of Congress, or any person alleging a violation of
that section shall be the powers, remedies, and procedures
this subtitle provides to the Commission, the Attorney
General, the Librarian of Congress, or any person,
respectively, alleging an unlawful employment practice in
violation of this subtitle against an employee described in
section 1075(3)(E), except as provided in paragraphs (2) and
(3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this subtitle provides to the
Commission, the Attorney General, the Librarian of Congress,
or any person alleging such practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this subtitle provides to the Commission, the
Attorney General, the Librarian of Congress, or any person
alleging such practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes).
(f) Prohibition Against Retaliation.--
(1) In general.--No person shall discriminate against any
employee because such employee has opposed any act or
practice made unlawful by this subtitle or because such
employee made a charge, testified, assisted, or participated
in any manner in an investigation, proceeding, or hearing
under this subtitle.
(2) Prohibition against coercion.--It shall be unlawful to
coerce, intimidate, threaten, or interfere with any
individual in the exercise or enjoyment of, or on account of
such individual having exercised or enjoyed, or on account of
such individual having aided or encouraged any other
individual in the exercise or enjoyment of, any right granted
or protected by this subtitle.
(3) Remedy.--The remedies and procedures otherwise provided
for under this section shall be available to aggrieved
individuals with respect to violations of this subsection.
(g) Limitation.--Notwithstanding subsections (a)(3),
(b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment
practice involves the provision of a reasonable accommodation
pursuant to this subtitle or regulations implementing this
subtitle, damages may not be awarded under section 1977A of
the Revised Statutes (42 U.S.C. 1981a) if the covered entity
demonstrates good faith efforts, in consultation with the
employee with known limitations related to pregnancy,
childbirth, or related medical conditions who has informed
the covered entity that accommodation is needed, to identify
and make a reasonable accommodation that would provide such
employee with an equally effective opportunity and would not
cause an undue hardship on the operation of the covered
entity.
SEC. 1074. RULEMAKING.
Not later than 2 years after the date of enactment of this
Act, the Commission shall issue regulations in an accessible
format in accordance with subchapter II of chapter 5 of title
5, United States Code, to carry out this
[[Page S8105]]
subtitle. Such regulations shall provide examples of
reasonable accommodations addressing known limitations
related to pregnancy, childbirth, or related medical
conditions.
SEC. 1075. DEFINITIONS.
As used in this subtitle--
(1) the term ``Commission'' means the Equal Employment
Opportunity Commission;
(2) the term ``covered entity''--
(A) has the meaning given the term ``respondent'' in
section 701(n) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(n)); and
(B) includes--
(i) an employer, which means a person engaged in industry
affecting commerce who has 15 or more employees as defined in
section 701(b) of title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e(b));
(ii) an employing office, as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301) and
section 411(c) of title 3, United States Code;
(iii) an entity employing a State employee described in
section 304(a) of the Government Employee Rights Act of 1991
(42 U.S.C. 2000e-16c(a)); and
(iv) an entity to which section 717(a) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-16(a)) applies;
(3) the term ``employee'' means--
(A) an employee (including an applicant), as defined in
section 701(f) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(f));
(B) a covered employee (including an applicant), as defined
in section 101 of the Congressional Accountability Act of
1995 (2 U.S.C. 1301);
(C) a covered employee (including an applicant), as defined
in section 411(c) of title 3, United States Code;
(D) a State employee (including an applicant) described in
section 304(a) of the Government Employee Rights Act of 1991
(42 U.S.C. 2000e-16c(a)); or
(E) an employee (including an applicant) to which section
717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(a)) applies;
(4) the term ``person'' has the meaning given such term in
section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(a));
(5) the term ``known limitation'' means physical or mental
condition related to, affected by, or arising out of
pregnancy, childbirth, or related medical conditions that the
employee or employee's representative has communicated to the
employer whether or not such condition meets the definition
of disability specified in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102);
(6) the term ``qualified employee'' means an employee or
applicant who, with or without reasonable accommodation, can
perform the essential functions of the employment position,
except that an employee or applicant shall be considered
qualified if--
(A) any inability to perform an essential function is for a
temporary period;
(B) the essential function could be performed in the near
future; and
(C) the inability to perform the essential function can be
reasonably accommodated; and
(7) the terms ``reasonable accommodation'' and ``undue
hardship'' have the meanings given such terms in section 101
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12111) and shall be construed as such terms are construed
under such Act and as set forth in the regulations required
by this subtitle, including with regard to the interactive
process that will typically be used to determine an
appropriate reasonable accommodation.
SEC. 1076. WAIVER OF STATE IMMUNITY.
A State shall not be immune under the 11th Amendment to the
Constitution from an action in a Federal or State court of
competent jurisdiction for a violation of this subtitle. In
any action against a State for a violation of this subtitle,
remedies (including remedies both at law and in equity) are
available for such a violation to the same extent as such
remedies are available for such a violation in an action
against any public or private entity other than a State.
SEC. 1077. RELATIONSHIP TO OTHER LAWS.
Nothing in this subtitle shall be construed--
(1) to invalidate or limit the powers, remedies, and
procedures under any Federal law or law of any State or
political subdivision of any State or jurisdiction that
provides greater or equal protection for individuals affected
by pregnancy, childbirth, or related medical conditions; or
(2) by regulation or otherwise, to require an employer-
sponsored health plan to pay for or cover any particular
item, procedure, or treatment or to affect any right or
remedy available under any other Federal, State, or local law
with respect to any such payment or coverage requirement.
SEC. 1078. SEVERABILITY.
If any provision of this subtitle or the application of
that provision to particular persons or circumstances is held
invalid or found to be unconstitutional, the remainder of
this subtitle and the application of that provision to other
persons or circumstances shall not be affected.
______
SA 4588. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. REQUIREMENT OF DENTAL CLINIC OF DEPARTMENT OF
VETERANS AFFAIRS IN EACH STATE.
(a) In General.--The Secretary of Veterans Affairs shall
ensure that each State has a dental clinic of the Department
of Veterans Affairs to service the needs of the veterans
within that State.
(b) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
______
SA 4589. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in title X, insert the following:
SEC. ___. GOLD ACT.
(a) Short Title.--This section may be cited as the
``Guarantee Oversight and Litigation on Doping Act'' or the
``GOLD Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the punishment of Russia for persistent decades-long
state-run doping fraud by the international sport governance
structure has been insufficient and Russia's competing status
as ``ROC'' at Tokyo 2020 demonstrates to authoritarian states
around the world that systematic doping will be tolerated;
and
(2) aggressive enforcement of the Rodchenkov Anti-Doping
Act of 2019 (21 U.S.C. 2401 et seq.) can create the deterrent
required to curb doping fraud as the Foreign Corrupt
Practices Act of 1977 (15 U.S.C. 78dd-1 et seq.) curbed
foreign bribery and the Department of Justice and the Federal
Bureau of Investigation should prioritize enforcement of the
Rodchenkov Anti-Doping Act of 2019 (21 U.S.C. 2401 et seq.).
(c) Predicate Offenses.--Part I of title 18, United States
Code, is amended--
(1) in section 1956(c)(7)(D)--
(A) by striking ``or section 104(a)'' and inserting
``section 104(a)''; and
(B) by inserting after ``North Korea)'' the following: ``,
or section 3 of the Rodchenkov Anti-Doping Act of 2019 (21
U.S.C. 2402) (relating to prohibited activities with respect
to major international doping fraud conspiracies)''; and
(2) in section 1961(1)--
(A) by striking ``or (G) any act'' and inserting ``(G) any
act''; and
(B) by inserting after ``section 2332(b)(g)(5)(B)'' the
following: ``, or (H) any act that is indictable under
section 3 of the Rodchenkov Anti-Doping Act of 2019 (21
U.S.C. 2402)''.
(d) Limitation.--An athlete (as defined in section 2 of the
Rodchenkov Anti-Doping Act of 2019 (21 U.S.C. 2401)) may not
be prosecuted for any offense for which a violation of
section 3 of the Rodchenkov Anti-Doping Act of 2019 (21
U.S.C. 2402) was the predicate offense, including under
section 371, 1952, 1956, or 1957 or chapter 96 of title 18,
United States Code.
______
SA 4590. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle F of title X, add the following:
SEC. 1054. REPORT ON NAVY PLAN TO ADDRESS ILLEGAL,
UNREPORTED, AND UNREGULATED (IUU) FISHING IN
EDUCATIONAL CURRICULUM.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on the Department
of the Navy's current and future plans for addressing
illegal, unreported, and unregulated (IUU) fishing in
educational curriculum, including a detailed description of
the current and future inclusion of IUU fishing in the Navy's
training and educational curricula throughout its schools,
including the Naval War College and the United States Naval
Academy.
______
SA 4591. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill H.R. 4350, to authorize appropriations for fiscal year
2022 for
[[Page S8106]]
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. DEVELOPMENT AND TESTING OF DYNAMIC SCHEDULING AND
MANAGEMENT OF SPECIAL ACTIVITY AIRSPACE.
(a) Sense of Congress on Special Activity Airspace
Scheduling and Management.--It is the sense of Congress
that--
(1) where it does not conflict with safety, dynamic
scheduling and management of special activity airspace (also
referred to as ``dynamic airspace'') is expected to optimize
the use of the national airspace system for all stakeholders;
and
(2) the Administrator of the Federal Aviation
Administration and the Secretary of Defense should take such
actions as may be necessary to support ongoing efforts to
develop dynamic scheduling and management of special activity
airspace, including--
(A) the continuation of formal partnerships between the
Federal Aviation Administration and the Department of Defense
that focus on special activity airspace, future airspace
needs, and joint solutions; and
(B) maturing research within their federally funded
research and development centers, Federal partner agencies,
and the aviation community.
(b) Pilot Program.--
(1) Pilot program required.--Not later than 90 days after
the date of the enactment of this Act, the Administrator of
the Federal Aviation Administration, in coordination with the
Secretary of Defense, shall establish a pilot program on
developing and testing dynamic management of special activity
airspace supported by efficient scheduling capabilities.
(2) Testing of special activity airspace scheduling and
management.--Under the pilot program established under
paragraph (1), the Administrator and the Secretary shall
jointly test not fewer than three areas of special activity
airspace designated by the Federal Aviation Administration
for use by the Department of Defense, of which--
(A) at least one shall be over coastal waters of the United
States; and
(B) at least two shall be over land of the United States.
(c) Report.--Not less than two years after the date of the
establishment of the pilot program under subsection (b)(1),
the Administrator and Secretary shall submit to the following
congressional committees a report on the interim results of
the pilot program:
(1) The Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate.
(2) The Committee on Transportation and Infrastructure, the
Committee on Science, Space, and Technology, and the
Committee on Armed Services of the House of Representatives.
(d) Definition of Special Activity Airspace.--In this
section, the term ``special activity airspace'' means the
following airspace with defined dimensions within the
National Airspace System wherein limitations may be imposed
upon aircraft operations:
(1) Restricted areas.
(2) Military operations areas.
(3) Air Traffic Control assigned airspace.
______
SA 4592. Mr. BLUNT submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, add the following:
SEC. 704. IMPLEMENTATION OF INTEGRATED PRODUCT FOR MANAGEMENT
OF POPULATION HEALTH ACROSS MILITARY HEALTH
SYSTEM.
(a) In General.--The Secretary of Defense shall develop and
implement an integrated product for the management of
population health across the military health system, which
shall be designed--
(1) to serve as a repository for the health care,
demographic, and other relevant data of all covered
beneficiaries, including with respect to data on health care
services furnished to such beneficiaries through the
purchased care and direct care components of the TRICARE
program;
(2) to be compatible with the electronic health record
system maintained by the Secretary of Defense for members of
the Armed Forces;
(3) to enable the coordinated case management of covered
beneficiaries with respect to health care services furnished
to such beneficiaries at military medical treatment
facilities and at private sector facilities through health
care providers contracted by the Department of Defense;
(4) to enable the collection and stratification of data
from multiple sources to measure population health goals,
facilitate disease management programs of the Department,
improve patient education, and integrate wellness services
across the military health system; and
(5) to enable predictive modeling to improve health
outcomes for patients and to facilitate the identification
and correction of medical errors in the treatment of
patients, issues regarding the quality of health care
services provided, and gaps in health care coverage.
(b) Definitions.--In this section:
(1) Covered beneficiary; tricare program.--The terms
``covered beneficiary'' and ``TRICARE program'' have the
meanings given such terms in section 1072 of title 10, United
States Code.
(2) Integrated product.--The term ``integrated product''
means an electronic system of systems (or solutions or
products) that provides for the integration and sharing of
data to meet the needs of an end user in a timely and cost
effective manner.
______
SA 4593. Mrs. GILLIBRAND (for herself, Mr. Rubio, and Mr. Heinrich)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XV, insert the
following:
SEC. ___. ESTABLISHMENT OF STRUCTURE AND AUTHORITIES TO
ADDRESS UNIDENTIFIED AERIAL PHENOMENA.
(a) Establishment of Anomaly Surveillance and Resolution
Office.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
coordination with the Director of National Intelligence,
establish an office within an appropriate component of the
Department of Defense, or within a joint organization of the
Department of Defense and the Office of the Director of
National Intelligence, to assume--
(A) the duties of the Unidentified Aerial Phenomenon Task
Force, as in effect on the day before the date of the
enactment of this Act; and
(B) such other duties as are required by this section.
(2) Designation.--The office established under paragraph
(1) shall be known as the ``Anomaly Surveillance and
Resolution Office'' (in this section referred to as the
``Office'').
(3) Termination or subordination of prior task force.--Upon
the establishment of the Anomaly Surveillance and Resolution
Office, the Secretary shall terminate the Unidentified Aerial
Phenomenon Task Force or subordinate it to the Office.
(b) Facilitation of Reporting and Data Sharing.--The
Director and the Secretary shall each, in coordination with
each other, require that--
(1) each element of the intelligence community and the
Department, with any data that may be relevant to the
investigation of unidentified aerial phenomena, make such
data available immediately to the Office; and
(2) military and civilian personnel employed by or under
contract to the Department or an element of the intelligence
community shall have access to procedures by which they shall
report incidents or information, including adverse
physiological effects, involving or associated with
unidentified aerial phenomena directly to the Office.
(c) Duties.--The duties of the Office established under
subsection (a) shall include the following:
(1) Developing procedures to synchronize and standardize
the collection, reporting, and analysis of incidents,
including adverse physiological effects, regarding
unidentified aerial phenomena across the Department and in
consultation with the intelligence community.
(2) Developing processes and procedures to ensure that such
incidents from each component of the Department and each
element of the intelligence community are reported and
incorporated in a centralized repository.
(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
(4) Evaluating links between unidentified aerial phenomena
and adversarial foreign governments, other foreign
governments, or nonstate actors.
(5) Evaluating the threat that such incidents present to
the United States.
(6) Consulting with other departments and agencies of the
Federal Government, as appropriate, including the Federal
Aviation Administration, the National Aeronautics and Space
Administration, the Department of Homeland Security, the
National Oceanic and Atmospheric Administration, and the
Department of Energy.
(7) Consulting with allies and partners of the United
States, as appropriate, to better assess the nature and
extent of unidentified aerial phenomena.
[[Page S8107]]
(8) Preparing reports for Congress, in both classified and
unclassified form, as required by subsections (h) and (i).
(d) Employment of Line Organizations for Field
Investigations of Unidentified Aerial Phenomena.--
(1) In general.--The Secretary shall, in coordination with
the Director, designate line organizations within the
Department of Defense and the intelligence community that
possess appropriate expertise, authorities, accesses, data,
systems, platforms, and capabilities to rapidly respond to,
and conduct field investigations of, incidents involving
unidentified aerial phenomena under the direction of the
Office.
(2) Personnel, equipment, and resources.--The Secretary, in
coordination with the Director, shall take such actions as
may be necessary to ensure that the designated organization
or organizations have available adequate personnel with
requisite expertise, equipment, transportation, and other
resources necessary to respond rapidly to incidents or
patterns of observations of unidentified aerial phenomena of
which the Office becomes aware.
(e) Utilization of Line Organizations for Scientific,
Technological, and Operational Analyses of Data on
Unidentified Aerial Phenomena.--
(1) In general.--The Secretary, in coordination with the
Director, shall designate one or more line organizations that
will be primarily responsible for scientific, technical, and
operational analysis of data gathered by field investigations
conducted under subsection (d), or data from other sources,
including testing of materials, medical studies, and
development of theoretical models to better understand and
explain unidentified aerial phenomena.
(2) Authority.--The Secretary and the Director shall
promulgate such directives as necessary to ensure that the
designated line organizations have authority to draw on
special expertise of persons outside the Federal Government
with appropriate security clearances.
(f) Intelligence Collection and Analysis Plan.--
(1) In general.--The head of the Office shall supervise the
development and execution of an intelligence collection and
analysis plan on behalf of the Secretary and the Director to
gain as much knowledge as possible regarding the technical
and operational characteristics, origins, and intentions of
unidentified aerial phenomena, including the development,
acquisition, deployment, and operation of technical
collection capabilities necessary to detect, identify, and
scientifically characterize unidentified aerial phenomena.
(2) Use of resources and capabilities.--In developing the
plan required by paragraph (1), the head of the Office shall
consider and propose, as appropriate, the use of any
resource, capability, asset, or process of the Department and
the intelligence community.
(g) Science Plan.--The head of the Office shall supervise
the development and execution of a science plan on behalf of
the Secretary and the Director to develop and test, as
practicable, scientific theories to account for
characteristics and performance of unidentified aerial
phenomena that exceed the known state of the art in science
or technology, including in the areas of propulsion,
aerodynamic control, signatures, structures, materials,
sensors, countermeasures, weapons, electronics, and power
generation, and to provide the foundation for potential
future investments to replicate any such advanced
characteristics and performance.
(h) Assignment of Priority.--The Director, in consultation
with, and with the recommendation of the Secretary, shall
assign an appropriate level of priority within the National
Intelligence Priorities Framework to the requirement to
understand, characterize, and respond to unidentified aerial
phenomena.
(i) Use of Authorized and Appropriated Funds.--The
obtaining and analysis of data relating to unidentified
aerial phenomena is a legitimate use of funds authorized and
appropriated to Department and elements of the intelligence
community for--
(1) general intelligence gathering and intelligence
analysis; and
(2) strategic defense, space defense, defense of controlled
air space, defense of ground, air, or naval assets, and
related purposes.
(j) Annual Report.--
(1) Requirement.--Not later than October 31, 2022, and
annually thereafter until October 31, 2026, the Secretary in
consultation with the Director, shall submit to the
appropriate committees of Congress a report on unidentified
aerial phenomena.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the year covered by the report, the
following information:
(A) An analysis of data and intelligence received through
reports of unidentified aerial phenomena.
(B) An analysis of data relating to unidentified aerial
phenomena collected through--
(i) geospatial intelligence
(ii) signals intelligence;
(iii) human intelligence; and
(iv) measurement and signals intelligence.
(C) The number of reported incidents of unidentified aerial
phenomena over restricted air space of the United States.
(D) An analysis of such incidents identified under
subparagraph (C).
(E) Identification of potential aerospace or other threats
posed by unidentified aerial phenomena to the national
security of the United States.
(F) An assessment of any activity regarding unidentified
aerial phenomena that can be attributed to one or more
adversarial foreign governments.
(G) Identification of any incidents or patterns regarding
unidentified aerial phenomena that indicate a potential
adversarial foreign government may have achieved a
breakthrough aerospace capability.
(H) An update on the coordination by the United States with
allies and partners on efforts to track, understand, and
address unidentified aerial phenomena.
(I) An update on any efforts to capture or exploit
discovered unidentified aerial phenomena.
(J) An assessment of any health-related effects for
individuals who have encountered unidentified aerial
phenomena.
(K) The number of reported incidents, and descriptions
thereof, of unidentified aerial phenomena associated with
military nuclear assets, including strategic nuclear weapons
and nuclear-powered ships and submarines.
(L) In consultation with the Administrator of the National
Nuclear Security Administration, the number of reported
incidents, and descriptions thereof, of unidentified aerial
phenomena associated with facilities or assets associated
with the production, transportation, or storage of nuclear
weapons or components thereof.
(M) In consultation with the Chairman of the Nuclear
Regulatory Commission, the number of reported incidents, and
descriptions thereof, of unidentified aerial phenomena or
drones of unknown origin associated with nuclear power
generating stations, nuclear fuel storage sites, or other
sites or facilities regulated by the Nuclear Regulatory
Commission.
(N) The names of the line organizations that have been
designated to perform the specific functions imposed by
subsections (d) and (e) of this section, and the specific
functions for which each such line organization has been
assigned primary responsibility.
(3) Form.-- Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(k) Semiannual Briefings.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and not less frequently than
semiannually thereafter until December 31, 2026, the head of
the Office shall provide the classified briefings on
unidentified aerial phenomena to--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) First briefing.--The first briefing provided under
paragraph (1) shall include all incidents involving
unidentified aerial phenomena that were reported to the
Unidentified Aerial Phenomena Task Force or to the Office
after June 24, 2021, regardless of the date of occurrence of
the incident.
(3) Subsequent briefings.--Each briefing provided
subsequent to the first briefing described in paragraph (2)
shall include, at a minimum, all events relating to
unidentified aerial phenomena that occurred during the
previous 180 days, and events relating to unidentified aerial
phenomena that were not included in an earlier briefing due
to delay in an incident reaching the reporting system or
other such factors.
(4) Instances in which data was not shared.--For each
briefing period, the Chairman and Vice Chairman or Ranking
Member of the Committee on Armed Services and the Select
Committee on Intelligence of the Senate and the Committee on
Armed Services and the Permanent Select Committee on
Intelligence of the House of Representatives shall receive an
enumeration of any instances in which data related to
unidentified aerial phenomena was denied to the Office
because of classification restrictions on that data or for
any other reason.
(l) Aerial and Transmedium Phenomena Advisory Committee.--
(1) Establishment.--(A) Not later than October 1, 2022, the
Secretary and the Director shall establish an advisory
committee for the purpose of--
(i) advising the Office in the execution of the duties of
the Office as provided by this subsection; and
(ii) advising the Secretary and the Director regarding the
gathering and analysis of data, and scientific research and
development pertaining to unidentified aerial phenomena.
(B) The advisory committee established under subparagraph
(A) shall be known as the ``Aerial and Transmedium Phenomena
Advisory Committee'' (in this subparagraph the
``Committee'').
(2) Membership.--(A) Subject to subparagraph (B), the
Committee shall be composed of members as follows:
(i) 20 members selected by the Secretary as follows:
(I) Three members selected from among individuals
recommended by the Administrator of the National Astronautics
and Space Administration.
(II) Two members selected from among individuals
recommended by the Administrator of the Federal Aviation
Administration.
(III) Two members selected from among individuals
recommended by the President of the National Academies of
Sciences.
[[Page S8108]]
(IV) Two members selected from among individuals
recommended by the President of the National Academy of
Engineering.
(V) One member selected from among individuals recommended
by the President of the National Academy of Medicine.
(VI) Three members selected from among individuals
recommended by the Director of the Galileo Project at Harvard
University.
(VII) Two members selected from among individuals
recommended by the Board of Directors of the Scientific
Coalition for Unidentified Aerospace Phenomena Studies.
(VIII) Two members selected from among individuals
recommended by the President of the American Institute of
Astronautics and Aeronautics.
(IX) Two members selected from among individuals
recommended by the Director of the Optical Technology Center
at Montana State University.
(X) One member selected from among individuals recommended
by the president of the American Society for Photogrammetry
and Remote Sensing.
(ii) Up to five additional members, as the Secretary, in
consultation with the Director, considers appropriate,
selected from among individuals with requisite expertise, at
least 3 of whom shall not be employees of any Federal
Government agency or Federal Government contractor.
(B) No individual may be appointed to the Committee under
subparagraph (A) unless the Secretary and the Directly
jointly determine that the individual--
(i) qualifies for a security clearance at the secret level
or higher;
(ii) possesses scientific, medical, or technical expertise
pertinent to some aspect of the investigation and analysis of
unidentified aerial phenomena; and
(iii) has previously conducted research or writing that
demonstrates scientific, technological, or operational
knowledge regarding aspects of the subject matter, including
propulsion, aerodynamic control, signatures, structures,
materials, sensors, countermeasures, weapons, electronics,
power generation, field investigations, forensic examination
of particular cases, analysis of open source and classified
information regarding domestic and foreign research and
commentary, and historical information pertaining to
unidentified aerial phenomena.
(C) The Secretary and Director may terminate the membership
of any individual on the Committee upon a finding by the
Secretary and the Director jointly that the member no longer
meets the criteria specified in this subsection.
(3) Chairperson.--The Secretary shall, in coordination with
the Director, designate a temporary Chairperson of the
Committee, but at the earliest practicable date the Committee
shall elect a Chairperson from among its members, who will
serve a term of 2 years, and is eligible for re-election.
(4) Expert assistance, advice, and recommendations.--(A)
The Committee may, upon invitation of the head of the Office,
provide expert assistance or advice to any line organization
designated to carry out field investigations or data analysis
as authorized by subsections (d) and (e).
(B) The Committee, on its own initiative, or at the request
of the Director, the Secretary, or the head of the Office,
may provide advice and recommendations regarding best
practices with respect to the gathering and analysis of data
on unidentified aerial phenomena in general, or commentary
regarding specific incidents, cases, or classes of
unidentified aerial phenomena.
(5) Report.--Not later than December 31, 2022, and not
later than December 31 of each year thereafter, the Committee
shall submit a report summarizing its activities and
recommendations to the following:
(A) The Secretary.
(B) The Director.
(C) The head of the Office.
(D) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(E) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(6) Relation to faca.--For purposes of the Federal Advisory
Committee Act (5 U.S.C. App.), the Committee shall be
considered an advisory committee (as defined in section 3 of
such Act, except as otherwise provided in the section or as
jointly deemed warranted by the Secretary and the Director
under section 4(b)(3) of such Act.
(7) Termination of committee.--The Committee shall
terminate on the date that is six years after the date of the
establishment of the Committee.
(m) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Foreign Relations of
the Senate; and
(B) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Foreign
Affairs of the House of Representatives.
(2) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(3) The term ``transmedium objects or devices'' means
objects or devices that are observed to transition between
space and the atmosphere, or between the atmosphere and
bodies of water, that are not immediately identifiable.
(4) The term ``unidentified aerial phenomena'' means--
(A) airborne objects that are not immediately identifiable;
(B) transmedium objects or devices; and
(C) submerged objects or devices that are not immediately
identifiable and that display behavior or performance
characteristics suggesting that they may be related to the
subjects described in subparagraph (A) or (B).
______
SA 4594. Mr. BROWN (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1264. REPORT ON FACILITY SPACE NEEDS IN SUPPORT OF
FOREIGN MILITARY SALES MISSION.
(a) Report Required.--
(1) In general.--Not later than March 1, 2022, the
Secretary of the Air Force, in consultation with the Director
of the Defense Security Cooperation Agency, shall submit to
the appropriate committees of Congress a report on facility
space needs in support of the foreign military sales mission.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The Air Force requirements to meet the facility
shortfalls for administrative space relating to the mission
of the foreign military sales program authorized by chapter 2
of the Arms Export Control Act (22 U.S.C. 2761 et seq.).
(B) A projection of the impact on the foreign military
sales mission if such requirements are not met.
(C) An analysis of the feasibility and advisability of
meeting such requirements through the following alternatives:
(i) New construction on a military installation.
(ii) Leasing or other privatized alternatives to obtain
suitable facilities on or off a military installation.
(iii) Rehabilitation of existing facilities on a military
installation.
(D) With respect to each alternative analyzed under
subparagraph (C), an assessment of each of the following:
(i) Costs and benefits.
(ii) Advantages, disadvantages, and relevant factors to the
foreign military sales mission and the Air Force.
(iii) Recommended legislative proposals to authorize the
use of funds derived from charges for administrative services
pursuant to section 21(e)(1)(A) of the Arms Export Control
Act (22 U.S.C. 2761(e)(1)(A)) to meet the requirements
identified under subparagraph (A).
(b) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
______
SA 4595. Mr. BROWN (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title II , insert the
following:
SEC. 220. IDENTIFICATION OF THE HYPERSONICS FACILITIES AND
CAPABILITIES OF THE MAJOR RANGE AND TEST
FACILITY BASE.
(a) Identification Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall--
(1) identify each facility and capability of the Major
Range and Test Facility Base that is primarily concerned with
the ground-based simulation of hypersonic atmospheric flight
conditions and the test and evaluation of hypersonic
technology in open air flight;
(2) identify such facilities and capabilities that the
Secretary would propose to designate, collectively, as the
``Hypersonics Facility Base''; and
(3) identify facilities and capabilities within the
National Aeronautics and Space Administration to conduct
research, development, test, evaluation and acceptance of
hypersonic airbreathing propulsion systems that the Secretary
would propose to use for the most efficient and effective
utilization of limited national aerospace test resources.
(b) Major Range and Test Facility Base Defined.--In this
section, the term ``Major
[[Page S8109]]
Range and Test Facility Base'' has the meaning given that
term in section 196(i) of title 10, United States Code.
______
SA 4596. Mr. BROWN (for himself and Mr. Scott of South Carolina)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. IMPORTANCE OF HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS.
(a) Increase.--Funds authorized to be appropriated in
Research, Development, Test, and Evaluation, Defense-wide, PE
0601228D8Z, section 4201, for Basic Research, Historically
Black Colleges and Universities/Minority Institutions, Line
7, are hereby increased by $20,000,000.
(b) Offset.--Funding in section 4301 for Operation and
Maintenance, Afghanistan Security Forces Fund, Afghan Air
Force, Line 090, is hereby reduced by $20,000,000.
______
SA 4597. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the
following:
SEC. ___. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND
TECHNOLOGY POSITIONS IN THE SCIENCE AND
TECHNOLOGY REINVENTION LABORATORIES OF THE
DEPARTMENT OF DEFENSE.
Section 2358c(e)(2) of title 10, United States Code, is
amended by striking ``five'' and inserting ``ten''.
______
SA 4598. Ms. HASSAN (for herself and Mr. Cornyn) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--FEDERAL CYBERSECURITY WORKFORCE EXPANSION ACT
SEC. 5101. SHORT TITLE.
This division may be cited as the ``Federal Cybersecurity
Workforce Expansion Act''.
SEC. 5102. DEFINITIONS.
In this division:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 5103. CYBERSECURITY APPRENTICESHIP PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Area career and technical education school.--The term
``area career and technical education school'' has the
meaning given the term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(2) Community college.--The term ``community college''
means a public institution of higher education at which the
highest degree that is predominantly awarded to students is
an associate's degree, including--
(A) a 2-year Tribal College or University, as defined in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c); and
(B) a public 2-year State institution of higher education.
(3) Competitive service.--The term ``competitive service''
has the meaning given the term in section 2102 of title 5,
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) Early college high school; educational service agency;
local educational agency; secondary school; state educational
agency.--The terms ``early college high school'',
``educational service agency'', ``local educational agency'',
``secondary school'', and ``State educational agency'' have
the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(6) Education and training provider.--The term ``education
and training provider'' means--
(A) an area career and technical education school;
(B) an early college high school;
(C) an educational service agency;
(D) a high school;
(E) a local educational agency or State educational agency;
(F) a Tribal educational agency (as defined in section 6132
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7452)), Tribally controlled college or university (as
defined in section 2(a) of the Tribally Controlled Colleges
and Universities Assistance Act of 1978 (25 U.S.C. 1801(a)),
or Tribally controlled postsecondary career and technical
institution (as defined in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302));
(G) a postsecondary educational institution, as defined in
section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302);
(H) a minority-serving institution;
(I) a provider of adult education and literacy activities
under the Adult Education and Family Literacy Act (29 U.S.C.
3271 et seq.);
(J) a local agency administering plans under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732,
741);
(K) a related instruction provider, including a qualified
intermediary acting as a related instruction provider as
approved by a registration agency;
(L) a Job Corps center, as defined in section 142 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3192),
provided that the participation of the Job Corps center is
consistent with the outcomes for Job Corps students described
in section 141 of that Act (29 U.S.C. 3191);
(M) a YouthBuild program, as defined in section 171(b) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3226(b)); or
(N) a consortium of entities described in any of
subparagraphs (A) through (M).
(7) Eligible entity.--The term ``eligible entity'' means--
(A) a sponsor;
(B) a State workforce development board or State workforce
agency, or a local workforce development board or local
workforce development agency;
(C) an education and training provider;
(D) a State apprenticeship agency;
(E) an Indian Tribe or Tribal organization;
(F) an industry or sector partnership, a group of
employers, a trade association, or a professional association
that sponsors or participates in a program under the national
apprenticeship system;
(G) a Governor of a State;
(H) a labor organization or joint labor-management
organization; or
(I) a qualified intermediary.
(8) Excepted service.--The term ``excepted service'' has
the meaning given the term in section 2103 of title 5, United
States Code.
(9) Local workforce development board.--The term ``local
workforce development board'' has the meaning given the term
``local board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(10) Minority-serving institution.--The term ``minority-
serving institution'' means an institution of higher
education described in section 371(a) of the Higher Education
Act of 1965 (20 U.S.C. 1067q(a)).
(11) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.
(12) Provider of adult education.--The term ``provider of
adult education'' has the meaning given the term ``eligible
provider'' in section 203 of the Adult Education and Family
Literacy Act (29 U.S.C. 3272).
(13) Qualified intermediary.--
(A) In general.--The term ``qualified intermediary'' means
an entity that demonstrates expertise in building,
connecting, sustaining, and measuring the performance of
partnerships described in subparagraph (B) and serves program
participants and employers by--
(i) connecting employers to programs under the national
apprenticeship system;
(ii) assisting in the design and implementation of such
programs, including curriculum development and delivery for
related instruction;
(iii) supporting entities, sponsors, or program
administrators in meeting the registration and reporting
requirements of this division;
(iv) providing professional development activities such as
training to mentors;
(v) supporting the recruitment, retention, and completion
of potential program participants, including nontraditional
apprenticeship populations and individuals with barriers to
employment;
(vi) developing and providing personalized program
participant supports, including by
[[Page S8110]]
partnering with organizations to provide access to or
referrals for supportive services and financial advising;
(vii) providing services, resources, and supports for
development, delivery, expansion, or improvement of programs
under the national apprenticeship system; or
(viii) serving as a sponsor.
(B) Partnerships.--The term ``partnerships described in
subparagraph (B)'' means partnerships among entities involved
in, or applying to participate in, programs under the
national apprenticeship system, including--
(i) industry or sector partnerships;
(ii) partnerships among employers, joint labor-management
organizations, labor organizations, community-based
organizations, industry associations, State or local
workforce development boards, education and training
providers, social service organizations, economic development
agencies, Indian Tribes or Tribal organizations, one-stop
operators, one-stop partners, or veterans service
organizations in the State workforce development system; or
(iii) partnerships among 1 or more of the entities
described in clause (i) or (ii).
(14) Related instruction.--The term ``related instruction''
means an organized and systematic form of instruction
designed to provide an individual in an apprenticeship
program with the knowledge of the technical subjects related
to the intended occupation of the individual after completion
of the program.
(15) Sponsor.--The term ``sponsor'' means any person,
association, committee, or organization operating an
apprenticeship program and in whose name the program is, or
is to be, registered or approved.
(16) State.--The term ``State'' has the meaning given the
term in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101).
(17) State apprenticeship agency.--The term ``State
apprenticeship agency'' has the meaning given the term in
section 29.2 of title 29, Code of Federal Regulations, or any
corresponding similar regulation or ruling.
(18) State workforce development board.--The term ``State
workforce development board'' has the meaning given the term
``State board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(19) WIOA terms.--The terms ``career planning'', ``career
pathway'', ``community-based organization'', ``economic
development agency'', ``industry or sector partnership'',
``on-the-job training'', ``one-stop operator'', ``one-stop
partner'', ``recognized postsecondary credential'', and
``workplace learning advisor'' have the meanings given those
terms in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(b) Establishment of Apprenticeship Pilot Program.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall establish an
apprenticeship pilot program.
(2) Requirements.--The apprenticeship pilot program
established under paragraph (1) shall--
(A) employ pilot program participants in cyber workforce
positions within the Department;
(B) employ not more than 25 new pilot program participants
during each year during which the pilot program is carried
out;
(C) be intended to lead to employment in a cyber workforce
position within a Federal agency;
(D) focus on related learning necessary, as determined by
the Secretary in consultation with the Director of the Office
of Personnel Management and based upon the National
Initiative for Cybersecurity Education Workforce Framework
for Cybersecurity (NIST Special Publication 800-181, Revision
1), or successor framework, to meet the immediate and ongoing
needs of cyber workforce positions within Federal agencies;
(E) be registered with and approved by the Office of
Apprenticeship of the Department of Labor or a State
apprenticeship agency pursuant to the Act of August 16, 1937
(commonly known as the ``National Apprenticeship Act''; 29
U.S.C. 50 et seq.);
(F) be approved by the Secretary of Veterans Affairs,
pursuant to chapter 36 of title 38, United States Code, or
other applicable provisions of law, as eligible for
educational assistance to veterans; and
(G) be sponsored by the Department or an eligible entity
receiving a contract, cooperative agreement, or grant under
subsection (d).
(c) Coordination.--In the development of the apprenticeship
pilot program under this section, the Secretary shall consult
with the Secretary of Labor, the Director of the National
Institute of Standards and Technology, the Secretary of
Defense, the Director of the National Science Foundation, and
the Director of the Office of Personnel Management to
leverage existing resources, research, communities of
practice, and frameworks for developing cybersecurity
apprenticeship programs.
(d) Optional Use of Contracts, Cooperative Agreements, or
Grants.--The apprenticeship pilot program under this section
may include entering into a contract or cooperative agreement
with or making a grant to an eligible entity if determined
appropriate by the Secretary based on the eligible entity--
(1) demonstrating experience in implementing and providing
career planning and career pathways toward apprenticeship
programs;
(2) having knowledge of cybersecurity workforce
development;
(3) being eligible to enter into a contract or cooperative
agreement with or receive grant funds from the Department as
described in this section;
(4) providing participants who complete the apprenticeship
pilot program with 1 or more recognized postsecondary
credentials;
(5) using related instruction that is specifically aligned
with the needs of Federal agencies and utilizes workplace
learning advisors and on-the-job training to the greatest
extent possible; and
(6) demonstrating successful outcomes connecting
participants in apprenticeship programs to careers relevant
to the apprenticeship pilot program.
(e) Applications.--If the Secretary enters into an
arrangement as described in subsection (d), an eligible
entity seeking a contract, cooperative agreement, or grant
under the pilot program shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(f) Priority.--In selecting eligible entities to receive a
contract, cooperative agreement, or grant under subsection
(d), the Secretary may prioritize an eligible entity that--
(1) is a member of an industry or sector partnership that
sponsors or participates in a program under the national
apprenticeship system;
(2) provides related instruction for an apprenticeship
program that was registered with the Department of Labor or a
State apprenticeship agency before the date on which the
eligible entity applies for the contract, cooperative
agreement, or grant under subsection (e);
(3) works with the Secretary of Defense, the Secretary of
Veterans Affairs, or veterans organizations to transition
members of the Armed Forces and veterans to apprenticeship
programs in a relevant sector; or
(4) plans to use the contract, cooperative agreement, or
grant to carry out the apprenticeship pilot program under
this section with an entity that receives State funding or is
operated by a State agency;
(5) has successfully increased the representation in
cybersecurity of women, underrepresented minorities, and
individuals from other underrepresented communities; or
(6) focuses on recruiting women, underrepresented
minorities, and individuals from other underrepresented
communities.
(g) Technical Assistance.--The Secretary shall provide
technical assistance to eligible entities that receive a
contract, cooperative agreement, or grant under subsection
(d) to leverage the existing job training and education
programs of the Department and other relevant programs at
appropriate Federal agencies.
(h) Service Agreement for Pilot Program Participants.--
(1) In general.--Participants in the apprenticeship pilot
program under this section shall enter into an agreement to,
after completion of the apprenticeship pilot program and if
offered employment in a cyber workforce position within a
Federal agency post-apprenticeship, accept and continue
employment in such cyber workforce position for a period of
obligated service equal to the length of service in a
position under the apprenticeship pilot program by the
participant.
(2) Repayment for period of unserved obligated service.--If
a participant in the apprenticeship pilot program under this
section fails to satisfy the requirements of the service
agreement entered into under paragraph (1) for a reason other
than involuntary separation, the participant shall repay the
cost of any education and training provided to the
participant as a part of the apprenticeship pilot program,
reduced by the ratio of the period of obligated service
completed divided by the total period of obligated service.
(3) Exception.--The Secretary may provide for the partial
or total waiver or suspension of any service or payment
obligation by an individual under this subsection if the
Secretary determines that compliance by the individual with
the obligation is impossible or would involve extreme
hardship to the individual, or if enforcement of such
obligation with respect to the individual would be
unconscionable.
(i) Apprenticeship Hiring Authority.--Participants in the
apprenticeship pilot program under this section may be
appointed to cybersecurity-specific positions in the excepted
service as determined appropriate by the Secretary and
authorized by section 2208 of the Homeland Security Act of
2002 (6 U.S.C. 658).
(j) Post-apprenticeship Hiring Authority.--Pursuant to
subsection (b)(2)(B), a participant who successfully
completes the apprenticeship pilot program under this section
may be appointed to a cyber workforce position in the
excepted service for which the participant is qualified.
(k) Post-apprenticeship Trial Period.--Federal service
following the apprenticeship shall be subject to completion
of a trial period in accordance with any applicable law,
Executive Order, rule, or regulation.
(l) Report.--
(1) Secretary.--Not later than 2 years after the date on
which the apprenticeship pilot program is established under
this section, and annually thereafter, the Secretary, in
consultation with the Secretary of Labor and the Director of
the Office of Personnel Management, shall submit to Congress
a report on the pilot program, including--
[[Page S8111]]
(A) a description of--
(i) any activity carried out by the Department under this
section;
(ii) any entity that enters into a contract or cooperative
agreement with or receives a grant from the Department under
subsection (d);
(iii) any activity carried out using a contract,
cooperative agreement, or grant under this section as
described in subsection (d); and
(iv) best practices used to leverage the investment of the
Federal Government under this section; and
(B) an assessment of the results achieved by the pilot
program, including--
(i) the rate of continued employment within a Federal
agency for participants after completing the pilot program;
(ii) the demographics of participants in the pilot program,
including representation of women, underrepresented
minorities, and individuals from other underrepresented
communities;
(iii) the completion rate for the pilot program, including
if there are any identifiable patterns with respect to
participants who do not complete the pilot program; and
(iv) the return on investment for the pilot program.
(2) Comptroller general.--Not later than 4 years after the
date on which the apprenticeship pilot program is established
under this section, the Comptroller General of the United
States shall submit to Congress a report on the pilot
program, including the recommendation of the Comptroller
General with respect to whether the pilot program should be
extended.
(m) Termination.--The authority to carry out the
apprenticeship pilot program under this section shall
terminate on the date that is 5 years after the date on which
the Secretary establishes the apprenticeship pilot program
under this section.
SEC. 5104. PILOT PROGRAM ON CYBERSECURITY TRAINING FOR
VETERANS AND MILITARY SPOUSES.
(a) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible individual''
means an individual who is--
(A) a veteran who is entitled to educational assistance
under chapter 30, 32, 33, 34, or 35 of title 38, United
States Code, or chapter 1606 or 1607 of title 10, United
States Code;
(B) a member of the active or a reserve component of the
Armed Forces that the Secretary of Veterans Affairs
determines will become an eligible individual under
subparagraph (A) within 180 days of such determination,
provided that if the individual does anything to make
themselves ineligible during the 180-day period, the
Secretary of Veterans Affairs may require the individual to
repay any benefits received under this section; or
(C) an eligible spouse described in section 1784a(b) of
title 10, United States Code.
(2) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(3) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(4) Work-based learning.--The term ``work-based learning''
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(b) Establishment.--Not later than 3 years after the date
of enactment of this Act, the Secretary, in coordination with
the Secretary of Veterans Affairs, shall establish a pilot
program to provide cybersecurity training at no cost to
eligible individuals.
(c) Elements.--The pilot program established under
subsection (b) shall incorporate--
(1) coursework and training that, if applicable, qualifies
for postsecondary credit toward an associate or baccalaureate
degree at an institution of higher education;
(2) virtual learning opportunities;
(3) hands-on learning and performance-based assessments;
(4) Federal work-based learning opportunities and programs;
and
(5) the provision of recognized postsecondary credentials
to eligible individuals who complete the pilot program.
(d) Alignment With NICE Workforce Framework for
Cybersecurity.--The pilot program established under
subsection (b) shall align with the taxonomy, including work
roles and competencies and the associated tasks, knowledge,
and skills, from the National Initiative for Cybersecurity
Education Workforce Framework for Cybersecurity (NIST Special
Publication 800-181, Revision 1), or successor framework.
(e) Coordination.--
(1) Training, platforms, and frameworks.--In developing the
pilot program under subsection (b), the Secretary shall
coordinate with the Secretary of Veterans Affairs, the
Secretary of Defense, the Secretary of Labor, the Director of
the National Institute of Standards and Technology, and the
Director of the Office of Personnel Management to evaluate
and, where possible, leverage existing training, platforms,
and frameworks of the Federal Government for providing
cybersecurity education and training to prevent duplication
of efforts.
(2) Existing educational assistance.--In developing the
pilot program under subsection (b), the Secretary shall
coordinate with the Secretary of Veterans Affairs to ensure
that, to the greatest extent possible, eligible individuals
can utilize educational assistance under chapter 30, 32, 33,
34, or 35 of title 38, United States Code, or chapter 1606 or
1607 of title 10, United States Code, or other educational
assistance available to eligible individuals, such as the
high technology pilot program described in section 116 of the
Harry W. Colmery Veterans Educational Assistance Act of 2017
(38 U.S.C. 3001 note), while participating in the program.
(3) Federal work-based learning opportunities and
programs.--In developing the Federal work-based learning
opportunities and programs required under subsection (c)(4),
the Secretary shall coordinate with the Secretary of Veterans
Affairs, the Secretary of Defense, the Secretary of Labor,
the Director of the Office of Personnel Management, and the
heads of other appropriate Federal agencies to identify or
create, as necessary, interagency opportunities that will
enable the pilot program established under subsection (b)
to--
(A) allow the participants to acquire and demonstrate
competencies; and
(B) give participants the capabilities necessary to qualify
for Federal employment.
(f) Resources.--
(1) In general.--In any case in which the pilot program
established under subsection (b)--
(A) uses training, platforms, and frameworks described in
subsection (e)(1), the Secretary, in coordination with the
Secretary of Veterans Affairs, shall take such actions as may
be necessary to ensure that the trainings, platforms, and
frameworks are expanded and resourced to accommodate usage by
eligible individuals participating in the pilot program; or
(B) does not use training, platforms, and frameworks
described in subsection (e)(1), the Secretary, in
coordination with the Secretary of Veterans Affairs, shall
take such actions as may be necessary to develop or procure
training, platforms, and frameworks necessary to carry out
the requirements of subsection (c) and accommodate the usage
by eligible individuals participating in the pilot program.
(2) Actions.--Actions described in paragraph (1) may
include providing additional funding, staff, or other
resources to--
(A) recruit and retain women, underrepresented minorities,
and individuals from other underrepresented communities;
(B) provide administrative support for basic functions of
the pilot program;
(C) ensure the success and ongoing engagement of eligible
individuals participating in the pilot program;
(D) connect participants who complete the pilot program to
job opportunities within the Federal Government; and
(E) allocate dedicated positions for term employment to
enable Federal work-based learning opportunities and
programs, as required under subsection (c)(4), for
participants to gain the competencies necessary to pursue
permanent Federal employment.
(g) Reports.--
(1) Secretary.--Not later than 2 years after the date on
which the pilot program is established under subsection (b),
and annually thereafter, the Secretary shall submit to
Congress a report on the pilot program, including--
(A) a description of--
(i) any activity carried out by the Department under this
section; and
(ii) the existing training, platforms, and frameworks of
the Federal Government leveraged in accordance with
subsection (e)(1); and
(B) an assessment of the results achieved by the pilot
program, including--
(i) the admittance rate into the pilot program;
(ii) the demographics of participants in the program,
including representation of women, underrepresented
minorities, and individuals from other underrepresented
communities;
(iii) the completion rate for the pilot program, including
if there are any identifiable patterns with respect to
participants who do not complete the pilot program;
(iv) as applicable, the transfer rates to other academic or
vocational programs, and certifications and licensure exam
passage rates;
(v) the rate of continued employment within a Federal
agency for participants after completing the pilot program;
(vi) the rate of continued employment for participants
after completing the pilot program; and
(vii) the median annual salary of participants who
completed the pilot program and were subsequently employed.
(2) Comptroller general.--Not later than 4 years after the
date on which the pilot program is established under
subsection (b), the Comptroller General of the United States
shall submit to Congress a report on the pilot program,
including the recommendation of the Comptroller General with
respect to whether the pilot program should be extended.
(h) Termination.--The authority to carry out the pilot
program under this section shall terminate on the date that
is 5 years after the date on which the Secretary establishes
the pilot program under this section.
SEC. 5105. FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT
EXTENSION.
Section 304(a) of the Federal Cybersecurity Workforce
Assessment Act of 2015 (5 U.S.C. 301 note) is amended, in the
matter preceding paragraph (1), by striking ``2022'' and
inserting ``2025''.
[[Page S8112]]
______
SA 4599. Ms. HASSAN (for herself and Mr. Thune) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title II, insert the
following:
SEC. 2__. APPLICATION OF PUBLIC-PRIVATE TALENT EXCHANGE
PROGRAMS IN THE DEPARTMENT OF DEFENSE TO
QUANTUM INFORMATION SCIENCES AND TECHNOLOGY
RESEARCH.
In carrying out section 1599g of title 10, United States
Code, the Secretary of Defense may establish public-private
exchange programs, each with up to 10 program participants,
focused on private sector entities working on quantum
information sciences and technology research applications.
SEC. 2__. BRIEFING ON SCIENCE, MATHEMATICS, AND RESEARCH FOR
TRANSFORMATION (SMART) DEFENSE EDUCATION
PROGRAM.
Not later than three years after the date of the enactment
of this Act, the Secretary of Defense shall provide Congress
with a briefing on participation and use of the program under
section 2192a of title 10, United States Code, as amended by
this subsection, with a particular focus on levels of
interest from students engaged in studying quantum fields.
SEC. 2__. IMPROVEMENTS TO DEFENSE QUANTUM INFORMATION SCIENCE
AND TECHNOLOGY RESEARCH AND DEVELOPMENT
PROGRAM.
(a) Fellowship Program Authorized.--Section 234 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 2358 note) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Fellowships.--
``(1) Program authorized.--In carrying out the program
required by subsection (a) and subject to the availability of
appropriations to carry out this subsection, the Secretary
may carry out a program of fellowships in quantum information
science and technology research and development for
individuals who have a graduate or post-graduate degree.
``(2) Equal access.--In carrying out the program under
paragraph (1), the Secretary may establish procedures to
ensure that minority, geographically diverse, and
economically disadvantaged students have equal access to
fellowship opportunities under such program.''.
(b) Multidisciplinary Partnerships With Universities.--Such
section is further amended--
(1) by redesignating subsection (g), as redesignated by
subsection (a)(1), as subsection (h); and
(2) by inserting after subsection (f), as added by
subsection (a)(2), the following new subsection (g):
``(g) Multidisciplinary Partnerships With Universities.--In
carrying out the program under subsection (a), the Secretary
of Defense may develop partnerships with universities to
enable students to engage in multidisciplinary courses of
study.''.
(c) Comptroller General of the United States Assessment of
Program.--
(1) Assessment and briefing.--Not later than 180 days after
the date of the enactment of this Act, the Comptroller
General of the United States shall--
(A) commence an assessment of the program carried out under
section 234 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 2358 note), as amended by this section, with
consideration of the report submitted under subsection (h) of
such section (as redesignated by subsection (b)(2) of this
section); and
(B) provide the congressional defense committees a briefing
on the preliminary findings of the Comptroller General with
respect to such program.
(2) Final report.--At a date agreed to by the Comptroller
General and the congressional defense committees at the
briefing provided pursuant to paragraph (1)(B), the
Comptroller General shall submit to the congressional defense
committees a final report with the findings of the
Comptroller General with respect to the assessment conducted
under paragraph (1)(A).
SEC. 2__. IMPROVEMENTS TO NATIONAL QUANTUM INITIATIVE
PROGRAM.
(a) Involvement of Department of Defense and Intelligence
Community in National Quantum Initiative Advisory
Committee.--
(1) Qualifications.--Subsection (b) of section 104 of the
National Quantum Initiative Act (Public Law 115-368; 15
U.S.C. 8814) is amended by striking ``and Federal
laboratories'' and inserting ``Federal laboratories, and
defense and intelligence researchers''.
(2) Integration.--Such section is amended--
(A) by redesignating subsections (e) through (g) as
subsection (f) through (h), respectively; and
(B) by inserting after subsection (d) the following new
subsection (e):
``(e) Integration of Department of Defense and Intelligence
Community.--The Advisory Committee shall take such actions as
may be necessary, including by modifying policies and
procedures of the Advisory Committee, to ensure the full
integration of the Department of Defense and the intelligence
community (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003)) in activities of the Advisory
Committee.''.
(b) Clarification of Purpose of Multidisciplinary Centers
for Quantum Research and Education.--Section 302(c) of the
National Quantum Initiative Act (Public Law 115-368; 15
U.S.C. 8842(c)) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) encouraging workforce collaboration, both with
private industry and among Federal entities, including
national defense agencies and the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)).''.
(c) Coordination of National Quantum Information Science
Research Centers.--Section 402(d) of the National Quantum
Initiative Act (Public Law 115-368; 15 U.S.C. 8852(d)) is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) other research entities of the Federal government,
including research entities in the Department of Defense and
research entities in the intelligence community (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003));''.
(d) National Quantum Coordination Office, Collaboration
When Reporting to Congress.--Section 102 of the National
Quantum Initiative Act (Public Law 115-368; 15 U.S.C. 8812)
is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Collaboration When Reporting to Congress.--The
Coordination Office shall ensure that when participants in
the National Quantum Initiative Program prepare and submit
reports to Congress that they do so in collaboration with
each other and as appropriate Federal civilian, defense, and
intelligence research entities.''.
(e) Reporting to Additional Committees of Congress.--
Paragraph (2) of section 2 of such Act (15 U.S.C. 8801) is
amended to read as follows:
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation, the Committee on Energy and Natural
Resources, the Committee on Armed Services, and the Select
Committee on Intelligence of the Senate; and
``(B) the Committee on Energy and Commerce, the Committee
on Science, Space, and Technology, the Committee on Armed
Services, and the Permanent Select Committee on Intelligence
of the House of Representatives.''.
______
SA 4600. Mr. LUJAN submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XXXI, add the following:
SEC. 3157. AUTHORIZATION FOR NATIONAL SECURITY LABORATORIES
AND NUCLEAR WEAPONS PRODUCTION FACILITIES TO
COVER CERTAIN TRAINING AND EDUCATION COSTS.
(a) In General.--Notwithstanding subsections (d) and (e) of
section 31.205-44 of title 48, Code of Federal Regulations,
on and after the date of the enactment of this Act, the
director of a national security laboratory or nuclear weapons
production facility may provide grants to educational and
training institutions to cover the costs of educating
employees (including other than bona fide employees) and
prospective employees of the laboratory or facility for the
development of a workforce that meets the needs of the
laboratory or facility, including the costs of the donation
of equipment, scholarships, and fellowships.
(b) Revision to Federal Acquisition Regulation.--As soon as
practicable after the date of the enactment of this Act, the
Federal Acquisition Regulatory Council shall revise the
Federal Acquisition Regulation to carry out subsection (a).
(c) Definitions.--In this section:
(1) Bona fide employee.--The term ``bona fide employee''
has the meaning given that term in section 52.203-5 of title
48, Code of Federal Regulations (or a successor regulation).
[[Page S8113]]
(2) National security laboratory; nuclear weapons
production facility.--The terms ``national security
laboratory'' and ``nuclear weapons production facility'' have
the meanings given those terms in section 4002 of the Atomic
Energy Defense Act (50 U.S.C. 2501)).
(3) Prospective employee.--The term ``prospective
employee'' means an individual who--
(A) has applied for a position of employment with a
national security laboratory or nuclear weapons production
facility; or
(B) may apply for such a position of employment during the
48-month period after receiving education or training under
subsection (a).
______
SA 4601. Mr. LUJAN submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XXXI, add the following:
SEC. 3157. ASSESSMENT OF TRANSFER OF LAND NO LONGER NEEDED
FOR OPERATIONS AND MISSIONS AT LOS ALAMOS
NATIONAL LABORATORY.
(a) Site Visits Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall arrange for personnel of the National Nuclear
Security Administration to conduct site visits with officials
of Los Alamos County, New Mexico, and the Pueblo of San
Ildefonso, of covered parcels of land to assess whether those
parcels should be transferred to the County or Pueblo.
(2) Assessments and identifications.--After the site visits
required by paragraph (1) are conducted, the Administrator
shall--
(A) with respect to each covered parcel of land, assess--
(i) the remediation needs of the parcel;
(ii) the environmental and archeological impacts of
transferring the parcel; and
(iii) the access Tribes have to traditional areas of
cultural or religious importance; and
(B) identify whether all portions of the covered parcels of
land within the technical areas specified in subsection
(c)(2) are, or are anticipated to be, necessary to the
operations and missions of the Administration at Los Alamos
National Laboratory.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Administrator, in
consultation with officials of Los Alamos County, New Mexico,
and the Pueblo of San Ildefonso, shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report--
(1) describing the findings of the site visits required by
subsection (a);
(2) including the assessments and identification required
by subsection (a)(2);
(3) assessing--
(A) the environmental costs of transferring covered parcels
of land;
(B) the potential impacts of such transfers on endangered
species in the area;
(C) the disturbance or encroachment on any archeological
sites likely to result from such transfers;
(D) opportunities to improve any safety buffers around
critical facilities; and
(E) whether such a transfer would--
(i) assist the National Nuclear Security Administration
with recruitment at Los Alamos National Laboratory;
(ii) improve available housing for employees of that
laboratory; and
(iii) increase the ability of a Tribal Government or Tribal
members to access cultural resources and access or acquire
lands of cultural significance; and
(4) including a safety and security determination with
respect to each covered parcel of land, without regard to
whether the parcel can be transferred.
(c) Covered Parcel of Land.--The term ``covered parcel of
land''--
(1) means a parcel of land--
(A) located in Los Alamos County, New Mexico;
(B) owned by the Department of Energy; and
(C) that the Administrator determines is not needed for
operations and missions at Los Alamos National Laboratory;
and
(2) includes Technical Area-36, Technical Area-70, and
Technical Area-71 at Los Alamos National Laboratory.
______
SA 4602. Mr. LUJAN (for himself, Mr. Padilla, and Mr. Menendez)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, insert the
following:
SEC. 857. LIMITATION ON CONTRACT AUTHORITY TO IMPROVE
REPRESENTATION IN CERTAIN MEDIA PROJECTS
INVOLVING DEPARTMENT OF DEFENSE.
(a) Limitation on Contract Authority.--Neither the
Secretary of Defense, nor the Secretary of the Army, nor the
Secretary of the Navy, nor the Secretary of the Air Force,
may enter into a covered contract for any film or publishing
project for entertainment-oriented media unless the covered
contract includes a provision that requires consideration of
diversity in carrying out the project, including
consideration of the following:
(1) The composition of the community represented in the
project and whether such community is inclusive of
historically marginalized communities.
(2) The depiction of the community represented in the
project and whether or not the project advances any
inaccurate or harmful stereotypes as a result of such
depiction.
(b) Annual Report.--Not later than one year after the date
of the enactment of this Act, and annually thereafter for
five years, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report containing, with respect to the year
covered by the report, the following information:
(1) The total number of projects for which the Secretary
provided assistance pursuant to a covered contract.
(2) A summary of the projects specified in paragraph (1).
(3) A summary of the communities represented in such
projects.
(4) A summary of the involvement of the Department of
Defense with respect to such projects.
(c) Definitions.--In this section:
(1) The term ``covered contract'' means a contract or
production assistance agreement entered into with a
nongovernmental entertainment-oriented media producer or
publisher.
(2) The term ``entertainment-oriented media'' includes
books and other forms of print media that are entertainment-
oriented.
(3) The term ``marginalized community'' means a community
of individuals that is, or historically was, under-
represented in the industry of film, television, or
publishing, including--
(A) women;
(B) racial and ethnic minorities;
(C) individuals with disabilities; and
(D) members of the LGBTQ communities.
______
SA 4603. Mr. PORTMAN (for himself and Mr. Cardin) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. ECONOMIC DEFENSE RESPONSE TEAMS.
(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this Act, the President, acting through
the Secretary of State, shall develop and implement a pilot
program for the creation of deployable economic defense
response teams to help provide emergency technical assistance
and support to a country subjected to the threat or use of
coercive economic measures and to play a liaison role between
the legitimate government of that country and the United
States Government. Such assistance and support may include
the following activities:
(1) Reducing the partner country's vulnerability to
coercive economic measures.
(2) Minimizing the damage that such measures by an
adversary could cause to that country.
(3) Implementing any bilateral or multilateral contingency
plans that may exist for responding to the threat or use of
such measures.
(4) In coordination with the partner country, developing or
improving plans and strategies by the country for reducing
vulnerabilities and improving responses to such measures in
the future.
(5) Assisting the partner country in dealing with foreign
sovereign investment in infrastructure or related projects
that may undermine the partner country's sovereignty.
(6) Assisting the partner country in responding to specific
efforts from an adversary attempting to employ economic
coercion that undermines the partner country's sovereignty,
including efforts in the cyber domain, such as efforts that
undermine cybersecurity or digital security of the partner
country or initiatives that introduce digital technologies in
a manner that undermines freedom, security, and sovereignty
of the partner country.
(7) Otherwise providing direct and relevant short-to-medium
term economic or other assistance from the United States and
marshalling other resources in support of effective responses
to such measures.
[[Page S8114]]
(b) Institutional Support.--The pilot program required by
subsection (a) should include the following elements:
(1) Identification and designation of relevant personnel
within the United States Government with expertise relevant
to the objectives specified in subsection (a), including
personnel in--
(A) the Department of State, for overseeing the economic
defense response team's activities, engaging with the partner
country government and other stakeholders, and other purposes
relevant to advancing the success of the mission of the
economic defense response team;
(B) the United States Agency for International Development,
for the purposes of providing technical, humanitarian, and
other assistance, generally;
(C) the Department of the Treasury, for the purposes of
providing advisory support and assistance on all financial
matters and fiscal implications of the crisis at hand;
(D) the Department of Commerce, for the purposes of
providing economic analysis and assistance in market
development relevant to the partner country's response to the
crisis at hand, technology security as appropriate, and other
matters that may be relevant;
(E) the Department of Energy, for the purposes of providing
advisory services and technical assistance with respect to
energy needs as affected by the crisis at hand;
(F) the Department of Homeland Security, for the purposes
of providing assistance with respect to digital and
cybersecurity matters, and assisting in the development of
any contingency plans referred to in paragraphs (3) and (6)
of subsection (a) as appropriate;
(G) the Department of Agriculture, for providing advisory
and other assistance with respect to responding to coercive
measures such as arbitrary market closures that affect the
partner country's agricultural sector;
(H) the Office of the United States Trade Representative
with respect to providing support and guidance on trade and
investment matters; and
(I) other Federal departments and agencies as determined by
the President.
(2) Negotiation of memoranda of understanding, where
appropriate, with other United States Government components
for the provision of any relevant participating or detailed
non-Department of State personnel identified under paragraph
(1).
(3) Negotiation of contracts, as appropriate, with private
sector representatives or other individuals with relevant
expertise to advance the objectives specified in subsection
(a).
(4) Development within the United States Government of--
(A) appropriate training curricula for relevant experts
identified under paragraph (1) and for United States
diplomatic personnel in a country actually or potentially
threatened by coercive economic measures;
(B) operational procedures and appropriate protocols for
the rapid assembly of such experts into one or more teams for
deployment to a country actually or potentially threatened by
coercive economic measures; and
(C) procedures for ensuring appropriate support for such
teams when serving in a country actually or potentially
threatened by coercive economic measures, including, as
applicable, logistical assistance, office space, information
support, and communications.
(5) Negotiation with relevant potential host countries of
procedures and methods for ensuring the rapid and effective
deployment of such teams, and the establishment of
appropriate liaison relationships with local public and
private sector officials and entities.
(c) Reports Required.--
(1) Report on establishment.--Upon establishment of the
pilot program required by subsection (a), the Secretary of
State shall provide the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives with a detailed report and briefing
describing the pilot program, the major elements of the
program, the personnel and institutions involved, and the
degree to which the program incorporates the elements
described in subsection (a).
(2) Follow-up report.--Not later than one year after the
report required by paragraph (1), the Secretary of State
shall provide the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives with a detailed report and briefing
describing the operations over the previous year of the pilot
program established pursuant to subsection (a), as well as
the Secretary's assessment of its performance and suitability
for becoming a permanent program.
(3) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a
classified annex.
(d) Declaration of an Economic Crisis Required.--
(1) Notification.--The President may activate an economic
defense response team for a period of 180 days under the
authorities of this section to assist a partner country in
responding to an unusual and extraordinary economic coercive
threat by an adversary of the United States upon the
declaration of a coercive economic emergency, together with
notification to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
(2) Extension authority.--The President may activate the
response team for an additional 180 days upon the submission
of a detailed analysis to the committees described in
paragraph (1) justifying why the continued deployment of the
economic defense response team in response to the economic
emergency is in the national security interest of the United
States.
(e) Authorization of Appropriations.--There is authorized
to be appropriated for the Department of State $1,000,000 for
each of fiscal years 2022 through 2026 to carry out the pilot
program under this section.
(f) Sunset.--The authorities provided under this section
shall expire on December 31, 2026.
______
SA 4604. Mr. PORTMAN (for himself, Mr. Brown, and Mr. Coons)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Otto Warmbier Countering North Korean Censorship and
Surveillance Act of 2021
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Otto Warmbier
Countering North Korean Censorship and Surveillance Act of
2021''.
SEC. 1292. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The information landscape in North Korea is the most
repressive in the world, consistently ranking last or near-
last in the annual World Press Freedom Index.
(2) Under the brutal rule of Kim Jung Un, the country's
leader since 2012, the North Korean regime has tightened
controls on access to information, as well as enacted harsh
punishments for consumers of outside media, including
sentencing to time in a concentration camp and a maximum
penalty of death.
(3) Such repressive and unjust laws surrounding information
in North Korea resulted in the death of 22-year-old United
States citizen and university student Otto Warmbier, who had
traveled to North Korea in December 2015 as part of a guided
tour.
(4) Otto Warmbier was unjustly arrested, sentenced to 15
years of hard labor, and severely mistreated at the hands of
North Korean officials. While in captivity, Otto Warmbier
suffered a serious medical emergency that placed him into a
comatose state. Otto Warmbier was comatose upon his release
in June 2017 and died 6 days later.
(5) Despite increased penalties for possession and
viewership of foreign media, the people of North Korean have
increased their desire for foreign media content, according
to a survey of 200 defectors concluding that 90 percent had
watched South Korean or other foreign media before defecting.
(6) On March 23, 2021, in an annual resolution, the United
Nations General Assembly condemned ``the long-standing and
ongoing systematic, widespread and gross violations of human
rights in the Democratic People's Republic of Korea'' and
expressed grave concern at, among other things, ``the denial
of the right to freedom of thought, conscience, and religion
. . . and of the rights to freedom of opinion, expression,
and association, both online and offline, which is enforced
through an absolute monopoly on information and total control
over organized social life, and arbitrary and unlawful state
surveillance that permeates the private lives of all
citizens''.
(7) In 2018, Typhoon Yutu caused extensive damage to 15
broadcast antennas used by the United States Agency for
Global Media in Asia, resulting in reduced programming to
North Korea. The United States Agency for Global Media has
rebuilt 5 of the 15 antenna systems as of June 2021.
(b) Sense of Congress.--It is the sense of Congress that--
(1) in the event of a crisis situation, particularly where
information pertaining to the crisis is being actively
censored or a false narrative is being put forward, the
United States should be able to quickly increase its
broadcasting capability to deliver fact-based information to
audiences, including those in North Korea; and
(2) the United States International Broadcasting Surge
Capacity Fund is already authorized under section 316 of the
United States International Broadcasting Act of 1994 (22
U.S.C. 6216), and expanded authority to transfer unobligated
balances from expired accounts of the United States Agency
for Global Media would enable the Agency to more nimbly
respond to crises.
SEC. 1293. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to provide the people of North Korea with access to a
diverse range of fact-based information;
(2) to develop and implement novel means of communication
and information sharing that increase opportunities for
audiences in North Korea to safely create, access, and share
digital and non-digital news without fear of repressive
censorship, surveillance, or penalties under law; and
[[Page S8115]]
(3) to foster and innovate new technologies to counter
North Korea's state-sponsored repressive surveillance and
censorship by advancing internet freedom tools, technologies,
and new approaches.
SEC. 1294. UNITED STATES STRATEGY TO COMBAT NORTH KOREA'S
REPRESSIVE INFORMATION ENVIRONMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall develop and
submit to Congress a strategy on combating North Korea's
repressive information environment.
(b) Elements.--The strategy required by subsection (a)
shall include the following:
(1) An assessment of the challenges to the free flow of
information into North Korea created by the censorship and
surveillance technology apparatus of the Government of North
Korea.
(2) A detailed description of the agencies and other
government entities, key officials, and security services
responsible for the implementation of North Korea's
repressive laws regarding foreign media consumption.
(3) A detailed description of the agencies and other
government entities and key officials of foreign governments
that assist, facilitate, or aid North Korea's repressive
censorship and surveillance state.
(4) A review of existing public-private partnerships that
provide circumvention technology and an assessment of the
feasibility and utility of new tools to increase free
expression, circumvent censorship, and obstruct repressive
surveillance in North Korea.
(5) A description of and funding levels required for
current United States Government programs and activities to
provide access for the people of North Korea to a diverse
range of fact-based information.
(6) An update of the plan required by section 104(a)(7)(A)
of the North Korean Human Rights Act of 2004 (22 U.S.C.
7814(a)(7)(A)).
(7) A description of Department of State programs and
funding levels for programs that promote internet freedom in
North Korea, including monitoring and evaluation efforts.
(8) A description of grantee programs of the United States
Agency for Global Media in North Korea that facilitate
circumvention tools and broadcasting, including monitoring
and evaluation efforts.
(9) A detailed assessment of how the United States
International Broadcasting Surge Capacity Fund authorized
under section 316 of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6216) has operated to
respond to crisis situations in the past, and how authority
to transfer unobligated balances from expired accounts would
help the United States Agency for Global Media in crisis
situations in the future.
(10) A detailed plan for how the authorization of
appropriations under section 1296 will operate alongside and
augment existing programming from the relevant Federal
agencies and facilitate the development of new tools to
assist that programming.
(c) Form of Strategy.--The strategy required by subsection
(a) shall be submitted in unclassified form, but may include
the matters required by subsection (b) in a classified annex.
SEC. 1295. REPORT ON ENFORCEMENT OF SANCTIONS WITH RESPECT TO
NORTH KOREA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
2024, the Secretary of State and the Secretary of the
Treasury shall jointly submit to the appropriate
congressional committees a report on sanctions-related
activities and enforcement undertaken by the United States
Government with respect to North Korea during the period
described in subsection (b) that includes--
(1) an assessment of activities conducted by persons in
North Korea or the Government of North Korea that would
require mandatory designations pursuant to the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9201
et seq.); and
(2) sanctions-related enforcement or other sanctions-
related actions undertaken by the United States Government
pursuant to that Act.
(b) Period Described.--The period described in this
subsection is--
(1) in the case of the first report required by subsection
(a), the period beginning on January 1, 2021, and ending on
the date on which the report is required to be submitted; and
(2) in the case of each subsequent report required by
subsection (a), the one-year period preceding submission of
the report.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee
on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1296. PROMOTING FREEDOM OF INFORMATION AND COUNTERING
CENSORSHIP AND SURVEILLANCE IN NORTH KOREA.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the United States Agency for Global
Media $10,000,000 for each of fiscal years 2022 through 2026
to provide increased broadcasting and grants for the
following purposes:
(1) To promote the development of internet freedom tools,
technologies, and new approaches, including both digital and
non-digital means of information sharing related to North
Korea.
(2) To explore public-private partnerships to counter North
Korea's repressive censorship and surveillance state.
(3) To develop new means to protect the privacy and
identity of individuals receiving media from the United
States Agency for Global Media and other outside media
outlets from within North Korea.
(4) To bolster existing programming from the United States
Agency for Global Media by restoring the broadcasting
capacity of damaged antennas caused by Typhoon Yutu in 2018.
(b) Annual Reports.--Section 104(a)(7)(B) of the North
Korean Human Rights Act of 2004 (22 U.S.C. 7814(a)(7)(B)) is
amended--
(1) in the matter preceding clause (i)--
(A) by striking ``1 year after the date of the enactment of
this paragraph'' and inserting ``September 30, 2022''; and
(B) by striking ``Broadcasting Board of Governors'' and
inserting ``Chief Executive Officer of the United States
Agency for Global Media''; and
(2) in clause (i), by inserting after ``this section'' the
following: ``and sections 1294 and 1296 of the Otto Warmbier
Countering North Korean Censorship and Surveillance Act of
2021''.
______
SA 4605. Mr. COONS (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Ending Wildlife Trafficking
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Reauthorization and
Improvements Act of 2021''.
SEC. 1292. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should continue to work
with international partners, including nations,
nongovernmental organizations, and the private sector, to
identify long-standing and emerging areas of concern in
wildlife poaching and trafficking related to global supply
and demand; and
(2) the activities and required reporting of the
Presidential Task Force on Wildlife Trafficking, established
by Executive Order 13648 (78 Fed. Reg. 40621), and modified
by sections 201 and 301 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and
7631) should be reauthorized to minimize the disruption of
the work of such Task Force.
SEC. 1293. DEFINITIONS.
Section 2 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is
amended--
(1) in paragraph (3), by inserting ``involving local
communities'' after ``approach to conservation'';
(2) by amending paragraph to read as follows:
``(4) Country of concern.--The term `country of concern'
means a foreign country specially designated by the Secretary
of State pursuant to section 201(b) as a major source of
wildlife trafficking products or their derivatives, a major
transit point of wildlife trafficking products or their
derivatives, or a major consumer of wildlife trafficking
products, in which--
``(A) the government has actively engaged in, or knowingly
profited from, the trafficking of protected species; or
``(B) the government facilitates such trafficking through
conduct that may include a persistent failure to make serious
and sustained efforts to prevent and prosecute such
trafficking.''; and
(3) in paragraph (11), by striking ``section 201'' and
inserting ``section 301''.
SEC. 1294. FRAMEWORK FOR INTERAGENCY RESPONSE AND REPORTING.
(a) Reauthorization of Report on Major Wildlife Trafficking
Countries.--Section 201 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is
amended--
(1) in subsection (a), by striking ``annually thereafter''
and inserting ``biennially thereafter by June 1 of each year
in which a report is required''; and
(2) by amending subsection (c) to read as follows:
``(c) Designation.--A country may be designated as a
country of concern under subsection (b) regardless of such
country's status as a focus country.''.
(b) Presidential Task Force on Wildlife Trafficking
Responsibilities.--Section 301(a) of the Eliminate,
Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16
U.S.C. 7631(a)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
[[Page S8116]]
(2) by redesignating paragraph (5) as paragraph (10); and
(3) by inserting after paragraph (4) the following:
``(5) pursue programs--
``(A) to expand the role of technology for anti-poaching
and anti-trafficking efforts, in partnership with the private
sector, foreign governments, academia, and nongovernmental
organizations (including technology companies and the
transportation and logistics sectors); and
``(B) to enable local governments to develop and use such
technologies;
``(6) consider programs and initiatives that address the
expansion of the illegal wildlife trade to digital platforms,
including the use of digital currency and payment platforms
for transactions by collaborating with the private sector,
academia, and nongovernmental organizations, including social
media, e-commerce, and search engine companies, as
appropriate;
``(7)(A) establish and publish a procedure for removing
from the list in the biennial report any country of concern
that no longer meets the definition of country of concern
under section 2(4);
``(B) include details about such procedure in the next
report required under section 201;
``(8)(A) implement interventions to address the drivers of
poaching, trafficking, and demand for illegal wildlife and
wildlife products in focus countries and countries of
concern;
``(B) set benchmarks for measuring the effectiveness of
such interventions; and
``(C) consider alignment and coordination with indicators
developed by the Task Force;
``(9) consider additional opportunities to increase
coordination between law enforcement and financial
institutions to identify trafficking activity; and''.
(c) Presidential Task Force on Wildlife Trafficking
Strategic Review.--Section 301 of the Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C.
7631), as amended by subsection (b), is further amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``annually'' and inserting ``biennially'';
(B) in paragraph (4), by striking ``and'' at the end;
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(6) an analysis of the indicators developed by the Task
Force, and recommended by the Government Accountability
Office, to track and measure inputs, outputs, law enforcement
outcomes, and the market for wildlife products for each focus
country listed in the report, including baseline measures, as
appropriate, for each indicator in each focus country to
determine the effectiveness and appropriateness of such
indicators to assess progress and whether additional or
separate indicators, or adjustments to indicators, may be
necessary for focus countries.''; and
(2) by striking subsection (e).
SEC. 1295. FUNDING SAFEGUARDS.
(a) Procedures for Obtaining Credible Information.--Section
620M(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2378d(d)) is amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) routinely request and obtain such information from
the United States Agency for International Development, the
United States Fish and Wildlife Service, and other relevant
Federal agencies that partner with international
nongovernmental conservation groups;''.
(b) Required Implementation.--The Secretary of State shall
implement the procedures established pursuant to section
620M(d) of the Foreign Assistance Act of 1961, as amended by
subsection (a), including vetting individuals and units,
whenever the United States Agency for International
Development, the United States Fish and Wildlife Service, or
any other relevant Federal agency that partners with
international nongovernmental conservation groups provides
assistance to any unit of the security forces of a foreign
country.
SEC. 1296. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAFFICKING
CIVIL PENALTY ENFORCEMENT ACTIONS.
(a) Endangered Species Act of 1973.--Section 11(e) of the
Endangered Species Act of 1973 (16 U.S.C. 1540(e)) is amended
by adding at the end the following:
``(7) Issuance of subpoenas.--
``(A) In general.--For the purposes of any inspection or
investigation relating to the import into, or the export
from, the United States of any fish or wildlife or plants
covered under this Act or relating to the delivery, receipt,
carrying, transport, shipment, sale, or offer for sale in
interstate or foreign commerce of any such fish or wildlife
or plants imported into or exported from the United States,
the Secretary, may issue subpoenas for the attendance and
testimony of witnesses and the production of any papers,
books, or other records relevant to the subject matter under
investigation.
``(B) Fees and mileage for witnesses.--A witness summoned
under subparagraph (A) shall be paid the same fees and
mileage that are paid to witnesses in the courts of the
United States.
``(C) Refusal to obey subpoenas.--
``(i) In general.--In the case of a contumacy or refusal to
obey a subpoena served on any person pursuant to this
paragraph, the district court of the United States for any
judicial district in which the person is found, resides, or
transacts business, on application by the United States and
after notice to that person, shall have jurisdiction to issue
an order requiring that person to appear and give testimony
before the Secretary, to appear and produce documents before
the Secretary, or both.
``(ii) Failure to obey.--Any failure to obey an order
issued by a court under clause (i) may be punished by that
court as a contempt of that court.''.
(b) Lacey Act Amendments of 1981.--Section 6 of the Lacey
Act Amendments of 1981 (16 U.S.C. 3375) is amended by adding
at the end the following:
``(e) Issuance of Subpoenas.--
``(1) In general.--For the purposes of any inspection or
investigation relating to the import into, or the export
from, the United States of any fish or wildlife or plants
covered under the Lacey Act of 1900 (16 U.S.C. 3371 et seq.)
or relating to the transport, sale, receipt, acquisition, or
purchase in interstate or foreign commerce of any such fish
or wildlife or plants imported into or exported from the
United States, the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of
any papers, books, or other records relevant to the subject
matter under investigation.
``(2) Fees and mileage for witnesses.--A witness summoned
under paragraph (1) shall be paid the same fees and mileage
that are paid to witnesses in the courts of the United
States.
``(3) Refusal to obey subpoenas.--
``(A) In general.--In the case of a contumacy or refusal to
obey a subpoena served on any person pursuant to this
subsection, the district court of the United States for any
judicial district in which the person is found, resides, or
transacts business, on application by the United States and
after notice to that person, shall have jurisdiction to issue
an order requiring that person to appear and give testimony
before the Secretary, to appear and produce documents before
the Secretary, or both.
``(B) Failure to obey.--Any failure to obey an order issued
by a court under subparagraph (A) may be punished by that
court as a contempt of that court.''.
(c) Bald and Golden Eagle Protection Act.--
(1) Civil penalties.--Subsection (b) of the first section
of the Act of June 8, 1940 (16 U.S.C. 668(b)) (commonly known
as the ``Bald and Golden Eagle Protection Act''), is
amended--
(A) by striking ``(b) Whoever, within the'' and inserting
the following:
``(b) Civil Penalties.--
``(1) In general.--Whoever, within the''; and
(B) by adding at the end the following:
``(2) Hearings; issuance of subpoenas.--
``(A) Hearings.--Hearings held during proceedings for the
assessment of civil penalties under paragraph (1) shall be
conducted in accordance with section 554 of title 5, United
States Code.
``(B) Issuance of subpoenas.--
``(i) In general.--For purposes of any hearing held during
proceedings for the assessment of civil penalties under
paragraph (1), the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of
relevant papers, books, and documents, and may administer
oaths.
``(ii) Fees and mileage for witnesses.--A witness summoned
pursuant to clause (i) shall be paid the same fees and
mileage that are paid to witnesses in the courts of the
United States.
``(iii) Refusal to obey subpoenas.--
``(I) In general.--In the case of a contumacy or refusal to
obey a subpoena served on any person pursuant to this
subparagraph, the district court of the United States for any
judicial district in which the person is found, resides, or
transacts business, on application by the United States and
after notice to that person, shall have jurisdiction to issue
an order requiring that person to appear and give testimony
before the Secretary, to appear and produce documents before
the Secretary, or both.
``(II) Failure to obey.--Any failure to obey an order
issued by a court under subclause (I) may be punished by that
court as a contempt of that court.''.
(2) Investigatory subpoenas.--Section 3 of the Act of June
8, 1940 (16 U.S.C. 668b) (commonly known as the ``Bald and
Golden Eagle Protection Act''), is amended by adding at the
end the following:
``(d) Issuance of Subpoenas.--
``(1) In general.--For the purposes of any inspection or
investigation relating to the import into or the export from
the United States of any bald or golden eagles covered under
this Act, or any parts, nests, or eggs of any such bald or
golden eagles, the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of
any papers, books, or other records relevant to the subject
matter under investigation.
``(2) Fees and mileage for witnesses.--A witness summoned
under paragraph (1) shall be paid the same fees and mileage
that are paid to witnesses in the courts of the United
States.
``(3) Refusal to obey subpoenas.--
``(A) In general.--In the case of a contumacy or refusal to
obey a subpoena served on any person pursuant to this
subsection, the district court of the United States for any
judicial district in which the person is found,
[[Page S8117]]
resides, or transacts business, on application by the United
States and after notice to that person, shall have
jurisdiction to issue an order requiring that person to
appear and give testimony before the Secretary, to appear and
produce documents before the Secretary, or both.
``(B) Failure to obey.--Any failure to obey an order issued
by a court under subparagraph (A) may be punished by that
court as a contempt of that court.''.
______
SA 4606. Mr. REED submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XV, insert the
following:
SEC. ___. SEMIANNUAL NOTIFICATIONS REGARDING MISSILE DEFENSE
TESTS AND COSTS.
(a) Semiannual Notifications Required.--For each period
described in subsection (b), the Director of the Missile
Defense Agency shall submit to the congressional defense
committees a notification of all--
(1) flight tests (intercept and non-intercept) planned to
occur during the period covered by the notification based on
the Integrated Master Test Plan the Director used to support
the President's budget submission under section 1105 of title
31, United States Code, for the fiscal year of the period
covered; and
(2) ground tests planned to occur during such period based
on such plan.
(b) Periods Covered.--For purposes of this section, the
periods covered under this section are--
(1) the first 180-calendar-day period beginning on the date
that is 90 days after the date of the enactment of this Act;
and
(2) each subsequent, sequential 180-calendar-day period
beginning thereafter until the date that is five years and 90
calendar days after the date of the enactment of this Act.
(c) Timing of Notification Submittal.--Each notification
submitted under subsection (a) for a period described in
subsection (b) shall be submitted--
(1) not earlier than 30 calendar days before the last day
of the period; and
(2) not later than the last day of the period.
(d) Contents.--Each notification submitted under subsection
(a) shall include the following:
(1) For the period covered by the notification:
(A) With respect to each flight test described in
subsection (a)(1), the following:
(i) The entity responsible for leading the flight test
(such as the Missile Defense Agency, the Army, or the Navy)
and the classification level of the flight test.
(ii) The planned cost (the most recent flight test cost
estimate, including interceptors and targets), the actual
costs and expenditures to-date, and an estimate of any
remaining costs and expenditures.
(iii) All funding (including any appropriated, transferred,
or reprogrammed funding) the Agency has received to-date for
the flight test.
(iv) All changes made to the scope and objectives of the
flight test and an explanation for such changes.
(v) The status of the flight test, such as conducted-
objectives achieved, conducted-objectives not achieved
(failure or no-test), delayed, or canceled.
(vi) In the event of a flight test status of conducted-
objectives not achieved (failure or no-test), delayed, or
canceled--
(I) the reasons the flight test did not succeed or occur;
(II) in the event of a flight test status of failure or no-
test, the plan and cost estimate to retest, if necessary, and
any contractor liability, if appropriate;
(III) in the event of a flight test delay, the fiscal year
and quarter the objectives were first planned to be met, the
names of the flight tests the objectives have been moved to,
the aggregate duration of the delay to-date, and, if
applicable, any risks to the warfighter from the delay; and
(IV) in the event of a flight test cancellation, the fiscal
year and quarter the objectives were first planned to be met,
whether the objectives from the canceled test were met by
other means, moved to a different flight test, or removed, a
revised spend plan for the remaining funding the agency
received for the flight test to-date, and, if applicable, any
risks to the warfighter from the cancellation; and
(vii) the status of any decisions reached by failure review
boards open or completed during the period covered by the
notification.
(B) With respect to each ground test described in
subsection (a)(2), the following:
(i) The planned cost (the most recent ground test cost
estimate), the actual costs and expenditures to-date, and an
estimate of any remaining costs and expenditures.
(ii) The designation of the ground test, whether
developmental, operational, or both.
(iii) All changes made to the scope and objectives of the
ground test and an explanation for such changes.
(iv) The status of the ground test, such as conducted-
objectives achieved, conducted-objectives not achieved
(failure or no-test), delayed, or canceled.
(v) In the case of a ground test status of conducted-
objectives not achieved (failure or no-test), delayed, or
canceled--
(I) the reasons the ground test did not succeed or occur;
and
(II) if applicable, any risks to the warfighter from the
ground test not succeeding or occurring;
(vi) The participating system and element models used for
conducting ground tests and the accreditation status of the
participating system and element models.
(vii) Identification of any cybersecurity tests conducted
or planned to be conducted as part of the ground test.
(viii) For each cybersecurity test identified under
subparagraph (G), the status of the cybersecurity test, such
as conducted-objectives achieved, conducted-objectives not
achieved (failure or no-test), delayed, or canceled.
(ix) In the case of a cybersecurity test identified under
subparagraph (G) with a status of conducted-objectives, not
achieved, delayed, or canceled--
(I) the reasons for such status; and
(II) any risks, if applicable, to the warfighter from the
cybersecurity test not succeeding or occurring.
(2) To the degree applicable and known, the matters covered
by paragraph (1) but for the period subsequent to the covered
period.
(e) Additional Matters.--
(1) Events spanning multiple notification periods.--Events
that span from one period described in subsection (b) into
another described in such subsection, such as a the case of a
failure review board convening in one period and reaching a
decision in the following period, shall be covered by
notifications under subsection (a) for both periods.
(2) Form.--Each notification submitted under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
______
SA 4607. Mr. KELLY submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 813 and insert the following:
SEC. 813. LIMITATION ON AUTHORITY TO USE INTERGOVERNMENTAL
SUPPORT AGREEMENTS FOR INSTALLATION-SUPPORT
SERVICES.
Section 2679(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5) Nothing in this subsection shall be construed as
limiting the authority or applicability to any contract of
section 8503(a) of title 41.''.
______
SA 4608. Mr. PETERS (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT ACT OF 2021
SEC. 5101. SHORT TITLE.
This division may be cited as the ``Inspector General
Independence and Empowerment Act of 2021''.
TITLE LI--INSPECTOR GENERAL INDEPENDENCE
SEC. 5111. SHORT TITLE.
This title may be cited as the ``Securing Inspector General
Independence Act of 2021''.
SEC. 5112. REMOVAL OR TRANSFER OF INSPECTORS GENERAL;
PLACEMENT ON NON-DUTY STATUS.
(a) In General.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in section 3(b)--
(A) by inserting ``(1)(A)'' after ``(b)'';
(B) in paragraph (1), as so designated--
(i) in subparagraph (A), as so designated, in the second
sentence--
(I) by striking ``reasons'' and inserting the following:
``substantive rationale, including detailed and case-specific
reasons,''; and
(II) by inserting ``(including to the appropriate
congressional committees)'' after ``Houses of Congress''; and
(ii) by adding at the end the following:
``(B) If there is an open or completed inquiry into an
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
[[Page S8118]]
``(i) identify each entity that is conducting, or that
conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.''; and
(C) by adding at the end the following:
``(2)(A) Subject to the other provisions of this paragraph,
only the President may place an Inspector General on non-duty
status.
``(B) If the President places an Inspector General on non-
duty status, the President shall communicate in writing the
substantive rationale, including detailed and case-specific
reasons, for the change in status to both Houses of Congress
(including to the appropriate congressional committees) not
later than 15 days before the date on which the change in
status takes effect, except that the President may submit
that communication not later than the date on which the
change in status takes effect if--
``(i) the President has made a determination that the
continued presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through (iv)
of section 6329b(b)(2)(A) of title 5, United States Code; and
``(ii) in the communication, the President includes a
report on the determination described in clause (i), which
shall include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the President
has determined applies under clause (i) of this subparagraph;
``(II) the substantive rationale, including detailed and
case-specific reasons, for the determination made under
clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which the
determination under clause (i) was made; and
``(IV) in the case of an inquiry described in subclause
(III) that is completed, the findings made during that
inquiry.
``(C) The President may not place an Inspector General on
non-duty status during the 30-day period preceding the date
on which the Inspector General is removed or transferred
under paragraph (1)(A) unless the President--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in
status takes effect, submits to both Houses of Congress
(including to the appropriate congressional committees) a
written communication that contains the information required
under subparagraph (B), including the report required under
clause (ii) of that subparagraph.
``(D) For the purposes of this paragraph--
``(i) the term `Inspector General'--
``(I) means an Inspector General who was appointed by the
President, without regard to whether the Senate provided
advice and consent with respect to that appointment; and
``(II) includes the Inspector General of an establishment,
the Inspector General of the Intelligence Community, the
Inspector General of the Central Intelligence Agency, the
Special Inspector General for Afghanistan Reconstruction, the
Special Inspector General for the Troubled Asset Relief
Program, and the Special Inspector General for Pandemic
Recovery; and
``(ii) a reference to the removal or transfer of an
Inspector General under paragraph (1), or to the written
communication described in that paragraph, shall be
considered to be--
``(I) in the case of the Inspector General of the
Intelligence Community, a reference to section 103H(c)(4) of
the National Security Act of 1947 (50 U.S.C. 3033(c)(4));
``(II) in the case of the Inspector General of the Central
Intelligence Agency, a reference to section 17(b)(6) of the
Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(b)(6));
``(III) in the case of the Special Inspector General for
Afghanistan Reconstruction, a reference to section 1229(c)(6)
of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 378);
``(IV) in the case of the Special Inspector General for the
Troubled Asset Relief Program, a reference to section
121(b)(4) of the Emergency Economic Stabilization Act of 2008
(12 U.S.C. 5231(b)(4)); and
``(V) in the case of the Special Inspector General for
Pandemic Recovery, a reference to section 4018(b)(3) of the
CARES Act (15 U.S.C. 9053(b)(3)).''; and
(2) in section 8G(e)--
(A) in paragraph (1), by inserting ``or placement on non-
duty status'' after ``a removal'';
(B) in paragraph (2)--
(i) by inserting ``(A)'' after ``(2)'';
(ii) in subparagraph (A), as so designated, in the first
sentence--
(I) by striking ``reasons'' and inserting the following:
``substantive rationale, including detailed and case-specific
reasons,''; and
(II) by inserting ``(including to the appropriate
congressional committees)'' after ``Houses of Congress''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into an
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or that
conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.''; and
(C) by adding at the end the following:
``(3)(A) Subject to the other provisions of this paragraph,
only the head of the applicable designated Federal entity
(referred to in this paragraph as the `covered official') may
place an Inspector General on non-duty status.
``(B) If a covered official places an Inspector General on
non-duty status, the covered official shall communicate in
writing the substantive rationale, including detailed and
case-specific reasons, for the change in status to both
Houses of Congress (including to the appropriate
congressional committees) not later than 15 days before the
date on which the change in status takes effect, except that
the covered official may submit that communication not later
than the date on which the change in status takes effect if--
``(i) the covered official has made a determination that
the continued presence of the Inspector General in the
workplace poses a threat described in any of clauses (i)
through (iv) of section 6329b(b)(2)(A) of title 5, United
States Code; and
``(ii) in the communication, the covered official includes
a report on the determination described in clause (i), which
shall include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the covered
official has determined applies under clause (i) of this
subparagraph;
``(II) the substantive rationale, including detailed and
case-specific reasons, for the determination made under
clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which the
determination under clause (i) was made; and
``(IV) in the case of an inquiry described in subclause
(III) that is completed, the findings made during that
inquiry.
``(C) A covered official may not place an Inspector General
on non-duty status during the 30-day period preceding the
date on which the Inspector General is removed or transferred
under paragraph (2)(A) unless the covered official--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in
status takes effect, submits to both Houses of Congress
(including to the appropriate congressional committees) a
written communication that contains the information required
under subparagraph (B), including the report required under
clause (ii) of that subparagraph.
``(D) Nothing in this paragraph may be construed to limit
or otherwise modify--
``(i) any statutory protection that is afforded to an
Inspector General; or
``(ii) any other action that a covered official may take
under law with respect to an Inspector General.''.
(b) Technical and Conforming Amendment.--Section 12(3) of
the Inspector General Act of 1978 (5 U.S.C. App.) is amended
by inserting ``except as otherwise expressly provided,''
before ``the term''.
SEC. 5113. VACANCY IN POSITION OF INSPECTOR GENERAL.
(a) In General.--Section 3 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by adding at the end the
following:
``(h)(1) In this subsection--
``(A) the term `first assistant to the position of
Inspector General' means, with respect to an Office of
Inspector General--
``(i) an individual who, as of the day before the date on
which the Inspector General dies, resigns, or otherwise
becomes unable to perform the functions and duties of that
position--
``(I) is serving in a position in that Office; and
``(II) has been designated in writing by the Inspector
General, through an order of succession or otherwise, as the
first assistant to the position of Inspector General; or
``(ii) if the Inspector General has not made a designation
described in clause (i)(II)--
``(I) the Principal Deputy Inspector General of that
Office, as of the day before the date on which the Inspector
General dies, resigns, or otherwise becomes unable to perform
the functions and duties of that position; or
``(II) if there is no Principal Deputy Inspector General of
that Office, the Deputy Inspector General of that Office, as
of the day before the date on which the Inspector General
dies, resigns, or otherwise becomes unable to perform the
functions and duties of that position; and
``(B) the term `Inspector General'--
``(i) means an Inspector General who is appointed by the
President, by and with the advice and consent of the Senate;
and
``(ii) includes the Inspector General of an establishment,
the Inspector General of the Intelligence Community, the
Inspector General of the Central Intelligence Agency, the
Special Inspector General for the Troubled Asset Relief
Program, and the Special Inspector General for Pandemic
Recovery.
``(2) If an Inspector General dies, resigns, or is
otherwise unable to perform the functions and duties of the
position--
``(A) section 3345(a) of title 5, United States Code, and
section 103(e) of the National Security Act of 1947 (50
U.S.C. 3025(e)) shall not apply;
``(B) subject to paragraph (4), the first assistant to the
position of Inspector General shall perform the functions and
duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of
[[Page S8119]]
section 3346 of title 5, United States Code; and
``(C) notwithstanding subparagraph (B), and subject to
paragraphs (4) and (5), the President (and only the
President) may direct an officer or employee of any Office of
an Inspector General to perform the functions and duties of
the Inspector General temporarily in an acting capacity
subject to the time limitations of section 3346 of title 5,
United States Code, only if--
``(i) during the 365-day period preceding the date of
death, resignation, or beginning of inability to serve of the
Inspector General, the officer or employee served in a
position in an Office of an Inspector General for not less
than 90 days, except that--
``(I) the requirement under this clause shall not apply if
the officer is an Inspector General; and
``(II) for the purposes of this subparagraph, performing
the functions and duties of an Inspector General temporarily
in an acting capacity does not qualify as service in a
position in an Office of an Inspector General;
``(ii) the rate of pay for the position of the officer or
employee described in clause (i) is equal to or greater than
the minimum rate of pay payable for a position at GS-15 of
the General Schedule;
``(iii) the officer or employee has demonstrated ability in
accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations; and
``(iv) not later than 30 days before the date on which the
direction takes effect, the President communicates in writing
to both Houses of Congress (including to the appropriate
congressional committees) the substantive rationale,
including the detailed and case-specific reasons, for such
direction, including the reason for the direction that
someone other than the individual who is performing the
functions and duties of the Inspector General temporarily in
an acting capacity (as of the date on which the President
issues that direction) perform those functions and duties
temporarily in an acting capacity.
``(3) Notwithstanding section 3345(a) of title 5, United
States Code, section 103(e) of the National Security Act of
1947 (50 U.S.C. 3025(e)), and subparagraphs (B) and (C) of
paragraph (2), and subject to paragraph (4), during any
period in which an Inspector General is on non-duty status--
``(A) the first assistant to the position of Inspector
General shall perform the functions and duties of the
position temporarily in an acting capacity subject to the
time limitations of section 3346 of title 5, United States
Code; and
``(B) if the first assistant described in subparagraph (A)
dies, resigns, or becomes otherwise unable to perform those
functions and duties, the President (and only the President)
may direct an officer or employee in that Office of Inspector
General to perform those functions and duties temporarily in
an acting capacity, subject to the time limitations of
section 3346 of title 5, United States Code, if--
``(i) that direction satisfies the requirements under
clauses (ii), (iii), and (iv) of paragraph (2)(C); and
``(ii) that officer or employee served in a position in
that Office of Inspector General for not fewer than 90 of the
365 days preceding the date on which the President makes that
direction.
``(4) An individual may perform the functions and duties of
an Inspector General temporarily and in an acting capacity
under subparagraph (B) or (C) of paragraph (2), or under
paragraph (3), with respect to only 1 Inspector General
position at any given time.
``(5) If the President makes a direction under paragraph
(2)(C), during the 30-day period preceding the date on which
the direction of the President takes effect, the functions
and duties of the position of the applicable Inspector
General shall be performed by--
``(A) the first assistant to the position of Inspector
General; or
``(B) the individual performing those functions and duties
temporarily in an acting capacity, as of the date on which
the President issues that direction, if that individual is an
individual other than the first assistant to the position of
Inspector General.''.
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a) may be construed to limit the applicability of
sections 3345 through 3349d of title 5, United States Code
(commonly known as the ``Federal Vacancies Reform Act of
1998''), other than with respect to section 3345(a) of that
title.
(c) Effective Date.--
(1) Definition.--In this subsection, the term ``Inspector
General'' has the meaning given the term in subsection
(h)(1)(B) of section 3 of the Inspector General Act of 1978
(5 U.S.C. App.), as added by subsection (a) of this section.
(2) Applicability.--
(A) In general.--Except as provided in subparagraph (B),
this section, and the amendments made by this section, shall
take effect on the date of enactment of this Act.
(B) Existing vacancies.--If, as of the date of enactment of
this Act, an individual is performing the functions and
duties of an Inspector General temporarily in an acting
capacity, this section, and the amendments made by this
section, shall take effect with respect to that Inspector
General position on the date that is 30 days after the date
of enactment of this Act.
SEC. 5114. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER
COMPLAINTS.
(a) Whistleblower Protection Coordinator.--Section
3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by inserting ``, including employees of that Office of
Inspector General'' after ``employees''; and
(2) in clause (iii), by inserting ``(including the
Integrity Committee of that Council)'' after ``and
Efficiency''.
(b) Council of the Inspectors General on Integrity and
Efficiency.--Section 11(c)(5)(B) of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended by striking ``,
allegations of reprisal,'' and inserting the following: ``and
allegations of reprisal (including the timely and appropriate
handling and consideration of protected disclosures and
allegations of reprisal that are internal to an Office of
Inspector General)''.
TITLE LII--PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR
GENERAL
SEC. 5121. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN
INSPECTOR GENERAL.
(a) In General.--Subchapter III of chapter 33 of title 5,
United States Code, is amended by inserting after section
3349d the following:
``Sec. 3349e. Presidential explanation of failure to nominate
an inspector general
``If the President fails to make a formal nomination for a
vacant inspector general position that requires a formal
nomination by the President to be filled within the period
beginning on the later of the date on which the vacancy
occurred or on which a nomination is rejected, withdrawn, or
returned, and ending on the day that is 210 days after that
date, the President shall communicate, within 30 days after
the end of such period and not later than June 1 of each year
thereafter, to the appropriate congressional committees, as
defined in section 12 of the Inspector General Act of 1978 (5
U.S.C. App.)--
``(1) the reasons why the President has not yet made a
formal nomination; and
``(2) a target date for making a formal nomination.''.
(b) Technical and Conforming Amendment.--The table of
sections for subchapter III of chapter 33 of title 5, United
States Code, is amended by inserting after the item relating
to section 3349d the following:
``3349e. Presidential explanation of failure to nominate an Inspector
General.''.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect--
(1) on the date of enactment of this Act with respect to
any vacancy first occurring on or after that date; and
(2) on the day that is 210 days after the date of enactment
of this Act with respect to any vacancy that occurred before
the date of enactment of this Act.
TITLE LIII--INTEGRITY COMMITTEE OF THE COUNCIL OF INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY TRANSPARENCY
SEC. 5131. SHORT TITLE.
This title may be cited as the ``Integrity Committee
Transparency Act of 2021''.
SEC. 5132. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS
AND REPORTS TO CONGRESS.
Section 11(d) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in paragraph (5)(B)(ii), by striking the period at the
end and inserting ``, the length of time the Integrity
Committee has been evaluating the allegation of wrongdoing,
and a description of any previous written notice provided
under this clause with respect to the allegation of
wrongdoing, including the description provided for why
additional time was needed.''; and
(2) in paragraph (8)(A)(ii), by inserting ``or corrective
action'' after ``disciplinary action''.
SEC. 5133. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN
ALLEGATIONS OF WRONGDOING CLOSED WITHOUT
REFERRAL.
Section 11(d)(5)(B) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(iii) Availability of information to congress on certain
allegations of wrongdoing closed without referral.--
``(I) In general.--With respect to an allegation of
wrongdoing made by a member of Congress that is closed by the
Integrity Committee without referral to the Chairperson of
the Integrity Committee to initiate an investigation, the
Chairperson of the Integrity Committee shall, not later than
60 days after closing the allegation of wrongdoing, provide a
written description of the nature of the allegation of
wrongdoing and how the Integrity Committee evaluated the
allegation of wrongdoing to--
``(aa) the Chair and Ranking Minority Member of the
Committee on Homeland Security and Governmental Affairs of
the Senate; and
``(bb) the Chair and Ranking Minority Member of the
Committee on Oversight and Reform of the House of
Representatives.
``(II) Requirement to forward.--The Chairperson of the
Integrity Committee shall forward any written description or
update provided under this clause to the members of the
Integrity Committee and to the Chairperson of the Council.''.
[[Page S8120]]
SEC. 5134. SEMIANNUAL REPORT.
Section 11(d)(9) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended to read as follows:
``(9) Semiannual report.--On or before May 31, 2022, and
every 6 months thereafter, the Council shall submit to
Congress and the President a report on the activities of the
Integrity Committee during the immediately preceding 6-month
periods ending March 31 and September 30, which shall include
the following with respect to allegations of wrongdoing that
are made against Inspectors General and staff members of the
various Offices of Inspector General described in paragraph
(4)(C):
``(A) An overview and analysis of the allegations of
wrongdoing disposed of by the Integrity Committee,
including--
``(i) analysis of the positions held by individuals against
whom allegations were made, including the duties affiliated
with such positions;
``(ii) analysis of the categories or types of the
allegations of wrongdoing; and
``(iii) a summary of disposition of all the allegations.
``(B) The number of allegations received by the Integrity
Committee.
``(C) The number of allegations referred to the Department
of Justice or the Office of Special Counsel, including the
number of allegations referred for criminal investigation.
``(D) The number of allegations referred to the Chairperson
of the Integrity Committee for investigation, a general
description of the status of such investigations, and a
summary of the findings of investigations completed.
``(E) An overview and analysis of allegations of wrongdoing
received by the Integrity Committee during any previous
reporting period, but remained pending during some part of
the six months covered by the report, including--
``(i) analysis of the positions held by individuals against
whom allegations were made, including the duties affiliated
with such positions;
``(ii) analysis of the categories or types of the
allegations of wrongdoing; and
``(iii) a summary of disposition of all the allegations.
``(F) The number and category or type of pending
investigations.
``(G) For each allegation received--
``(i) the date on which the investigation was opened;
``(ii) the date on which the allegation was disposed of, as
applicable; and
``(iii) the case number associated with the allegation.
``(H) The nature and number of allegations to the Integrity
Committee closed without referral, including the
justification for why each allegation was closed without
referral.
``(I) A brief description of any difficulty encountered by
the Integrity Committee when receiving, evaluating,
investigating, or referring for investigation an allegation
received by the Integrity Committee, including a brief
description of--
``(i) any attempt to prevent or hinder an investigation; or
``(ii) concerns about the integrity or operations at an
Office of Inspector General.
``(J) Other matters that the Council considers
appropriate.''.
SEC. 5135. ADDITIONAL REPORTS.
Section 5 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Additional Reports.--
``(1) Report to inspector general.--The Chairperson of the
Integrity Committee of the Council of the Inspectors General
on Integrity and Efficiency shall, immediately whenever the
Chairperson of the Integrity Committee becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to the administration of programs and
operations of an Office of Inspector General for which the
Integrity Committee may receive, review, and refer for
investigation allegations of wrongdoing under section 11(d),
submit a report to the Inspector General who leads the Office
at which the serious or flagrant problems, abuses, or
deficiencies were alleged.
``(2) Report to president, congress, and the
establishment.--Not later than 7 days after the date on which
an Inspector General receives a report submitted under
paragraph (1), the Inspector General shall submit to the
President, the appropriate congressional committees, and the
head of the establishment--
``(A) the report received under paragraph (1); and
``(B) a report by the Inspector General containing any
comments the Inspector General determines appropriate.''.
SEC. 5136. REQUIREMENT TO REPORT FINAL DISPOSITION TO
CONGRESS.
Section 11(d)(8)(B) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting ``and the appropriate
congressional committees'' after ``Integrity Committee''.
SEC. 5137. INVESTIGATIONS OF OFFICES OF INSPECTORS GENERAL OF
ESTABLISHMENTS BY THE INTEGRITY COMMITTEE.
Section 11(d)(7)(B)(i)(V) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by inserting ``, and that an
investigation of an Office of Inspector General of an
establishment is conducted by another Office of Inspector
General of an establishment'' after ``size''.
TITLE LIV--TESTIMONIAL SUBPOENA AUTHORITY FOR INSPECTORS GENERAL
SEC. 5141. SHORT TITLE.
This title may be cited as the ``IG Testimonial Subpoena
Authority Act''.
SEC. 5142. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS
GENERAL.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) by inserting after section 6 the following:
``SEC. 6A. ADDITIONAL AUTHORITY.
``(a) Definitions.--In this section--
``(1) the term `Chairperson' means the Chairperson of the
Council of the Inspectors General on Integrity and
Efficiency;
``(2) the term `Inspector General'--
``(A) means an Inspector General of an establishment or a
designated Federal entity (as defined in section 8G(a)); and
``(B) includes--
``(i) the Inspector General of the Central Intelligence
Agency established under section 17 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3517);
``(ii) the Inspector General of the Intelligence Community
established under section 103H of the National Security Act
of 1947 (50 U.S.C. 3033);
``(iii) the Special Inspector General for Afghanistan
Reconstruction established under section 1229 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 379);
``(iv) the Special Inspector General for the Troubled Asset
Relief Plan established under section 121 of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5231); and
``(v) the Special Inspector General for Pandemic Recovery
established under section 4018 of the CARES Act (15 U.S.C.
9053); and
``(3) the term `Subpoena Panel' means the panel to which
requests for approval to issue a subpoena are submitted under
subsection (e).
``(b) Testimonial Subpoena Authority.--
``(1) In general.--In addition to the authority otherwise
provided by this Act and in accordance with the requirements
of this section, each Inspector General, in carrying out the
provisions of this Act or the provisions of the authorizing
statute of the Inspector General, as applicable, is
authorized to require by subpoena the attendance and
testimony of witnesses as necessary in the performance of an
audit, inspection, evaluation, or investigation, which
subpoena, in the case of contumacy or refusal to obey, shall
be enforceable by order of any appropriate United States
district court.
``(2) Prohibition.--An Inspector General may not require by
subpoena the attendance and testimony of a Federal employee
or employee of a designated Federal entity, but may use other
authorized procedures.
``(3) Determination by inspector general.--The
determination of whether a matter constitutes an audit,
inspection, evaluation, or investigation shall be at the
discretion of the applicable Inspector General.
``(c) Limitation on Delegation.--The authority to issue a
subpoena under subsection (b) may only be delegated to an
official performing the functions and duties of an Inspector
General when the Inspector General position is vacant or when
the Inspector General is unable to perform the functions and
duties of the Office of the Inspector General.
``(d) Notice to Attorney General.--
``(1) In general.--Not less than 10 days before submitting
a request for approval to issue a subpoena to the Subpoena
Panel under subsection (e), an Inspector General shall--
``(A) notify the Attorney General of the plan of the
Inspector General to issue the subpoena; and
``(B) take into consideration any information provided by
the Attorney General relating to the subpoena.
``(2) Rule of construction.--Nothing in this subsection may
be construed to prevent an Inspector General from submitting
to the Subpoena Panel under subsection (e) a request for
approval to issue a subpoena if 10 or more days have elapsed
since the date on which the Inspector General submits to the
Attorney General the notification required under paragraph
(1)(A) with respect to that subpoena.
``(e) Panel Review Before Issuance.--
``(1) Approval required.--
``(A) Request for approval by subpoena panel.--Before the
issuance of a subpoena described in subsection (b), an
Inspector General shall submit to a panel a request for
approval to issue the subpoena, which shall include a
determination by the Inspector General that--
``(i) the testimony is likely to be reasonably relevant to
the audit, inspection, evaluation, or investigation for which
the subpoena is sought; and
``(ii) the information to be sought cannot be reasonably
obtained through other means.
``(B) Composition of subpoena panel.--
``(i) In general.--Subject to clauses (ii) and (iii), a
Subpoena Panel shall be comprised of 3 inspectors general
appointed by the President and confirmed by the Senate, who
shall be randomly drawn by the Chairperson or a designee of
the Chairperson from a pool of all such inspectors general.
``(ii) Classified information.--If consideration of a
request for a subpoena submitted under subparagraph (A) would
require access to classified information, the Chairperson or
a designee of the Chairperson may limit the pool of
inspectors general described in clause
[[Page S8121]]
(i) to appropriately cleared inspectors general.
``(iii) Confirmation of availability.--If an inspector
general drawn from the pool described in clause (i) does not
confirm their availability to serve on the Subpoena Panel
within 24 hours of receiving a notification from the
Chairperson or a designee of the Chairperson regarding
selection for the Subpoena Panel, the Chairperson or a
designee of the Chairperson may randomly draw a new inspector
general from the pool to serve on the Subpoena Panel.
``(C) Contents of request.--The request described in
subparagraph (A) shall include any information provided by
the Attorney General related to the subpoena, which the
Attorney General requests that the Subpoena Panel consider.
``(D) Protection from disclosure.--
``(i) In general.--The information contained in a request
submitted by an Inspector General under subparagraph (A) and
the identification of a witness shall be protected from
disclosure to the extent permitted by law.
``(ii) Request for disclosure.--Any request for disclosure
of the information described in clause (i) shall be submitted
to the Inspector General requesting the subpoena.
``(2) Time to respond.--
``(A) In general.--Except as provided in subparagraph (B),
the Subpoena Panel shall approve or deny a request for
approval to issue a subpoena submitted under paragraph (1)
not later than 10 days after the submission of the request.
``(B) Additional information for panel.--If the Subpoena
Panel determines that additional information is necessary to
approve or deny a request for approval to issue a subpoena
submitted by an Inspector General under paragraph (1), the
Subpoena Panel shall--
``(i) request that information; and
``(ii) approve or deny the request for approval submitted
by the Inspector General not later than 20 days after the
Subpoena Panel submits the request for information under
clause (i).
``(3) Approval by panel.--If all members of the Subpoena
Panel unanimously approve a request for approval to issue a
subpoena submitted by an Inspector General under paragraph
(1), the Inspector General may issue the subpoena.
``(4) Notice to council and attorney general.--Upon
issuance of a subpoena by an Inspector General under
subsection (b), the Inspector General shall provide
contemporaneous notice of such issuance to the Chairperson or
a designee of the Chairperson and to the Attorney General.
``(f) Semiannual Reporting.--On or before May 31, 2022, and
every 6 months thereafter, the Council of the Inspectors
General on Integrity and Efficiency shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate, the Committee on Oversight and Reform of the
House of Representatives, and the Comptroller General of the
United States a report on the use of subpoenas described in
subsection (b) in any audit, inspection, evaluation, or
investigation that concluded during the immediately preceding
6-month periods ending March 31 and September 30, which shall
include--
``(1) a list of each Inspector General that has submitted a
request for approval of a subpoena to the Subpoena Panel;
``(2) for each applicable Inspector General, the number of
subpoenas submitted to the Subpoena Panel, approved by the
Subpoena Panel, and disapproved by the Subpoena Panel;
``(3) for each subpoena submitted to the Subpoena Panel for
approval--
``(A) an anonymized description of the individual or
organization to whom the subpoena was directed;
``(B) the date on which the subpoena request was sent to
the Attorney General, the date on which the Attorney General
responded, and whether the Attorney General provided
information regarding the subpoena request, including whether
the Attorney General opposed issuance of the proposed
subpoena;
``(C) the members of the Subpoena Panel considering the
subpoena;
``(D) the date on which the subpoena request was sent to
the Subpoena Panel, the date on which the Subpoena Panel
approved or disapproved the subpoena request, and the
decision of the Subpoena Panel; and
``(E) the date on which the subpoena was issued, if
approved; and
``(4) any other information the Council of the Inspectors
General on Integrity and Efficiency considers appropriate to
include.
``(g) Training and Standards.--The Council of the
Inspectors General on Integrity and Efficiency, in
consultation with the Attorney General, shall promulgate
standards and provide training relating to the issuance of
subpoenas, conflicts of interest, and any other matter the
Council determines necessary to carry out this section.
``(h) Applicability.--The provisions of this section shall
not affect the exercise of authority by an Inspector General
of testimonial subpoena authority established under another
provision of law.
``(i) Termination.--The authorities provided under
subsection (b) shall terminate on January 1, 2027, provided
that this subsection shall not affect the enforceability of a
subpoena issued on or before December 31, 2026.'';
(2) in section 5(a), as amended by section 903 of this
Act--
(A) in paragraph (16)(B), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(B) by adding at the end the following:
``(17) a description of the use of subpoenas for the
attendance and testimony of certain witnesses authorized
under section 6A.''; and
(3) in section 8G(g)(1), by inserting ``6A,'' before ``and
7''.
SEC. 5143. REVIEW BY THE COMPTROLLER GENERAL.
Not later than January 1, 2026, the Comptroller General of
the United States shall submit to the appropriate
congressional committees a report reviewing the use of
testimonial subpoena authority, which shall include--
(1) a summary of the information included in the semiannual
reports to Congress under section 6A(f) of the Inspector
General Act of 1978 (5 U.S.C. App.), as added by this title,
including an analysis of any patterns and trends identified
in the use of the authority during the reporting period;
(2) a review of subpoenas issued by inspectors general on
and after the date of enactment of this Act to evaluate
compliance with this Act by the respective inspector general,
the Subpoena Panel, and the Council of the Inspectors General
on Integrity and Efficiency; and
(3) any additional analysis, evaluation, or recommendation
based on observations or information gathered by the
Comptroller General of the United States during the course of
the review.
TITLE LV--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL
SEC. 5151. SHORT TITLE.
This title may be cited as the ``Inspector General Access
Act of 2021''.
SEC. 5152. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.
Section 8E of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and paragraph (3)'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(D) in paragraph (4), as redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (3)''; and
(2) in subsection (d), by striking ``, except with respect
to allegations described in subsection (b)(3),''.
TITLE LVI--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN
STATUS OF INSPECTOR GENERAL
SEC. 5161. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A
CHANGE IN STATUS OF INSPECTOR GENERAL.
Section 5 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by inserting after subsection (e), as added
by section 5135 of this division, the following:
``(f) Not later than 15 days after an Inspector General is
removed, placed on paid or unpaid non-duty status, or
transferred to another position or location within an
establishment, the officer or employee performing the
functions and duties of the Inspector General temporarily in
an acting capacity shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of
Representatives information regarding work being conducted by
the Office as of the date on which the Inspector General was
removed, placed on paid or unpaid non-duty status, or
transferred, which shall include--
``(1) for each investigation--
``(A) the type of alleged offense;
``(B) the fiscal quarter in which the Office initiated the
investigation;
``(C) the relevant Federal agency, including the relevant
component of that Federal agency for any Federal agency
listed in section 901(b) of title 31, United States Code,
under investigation or affiliated with the individual or
entity under investigation; and
``(D) whether the investigation is administrative, civil,
criminal, or a combination thereof, if known; and
``(2) for any work not described in paragraph (1)--
``(A) a description of the subject matter and scope;
``(B) the relevant agency, including the relevant component
of that Federal agency, under review;
``(C) the date on which the Office initiated the work; and
``(D) the expected time frame for completion.''.
TITLE LVII--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY REPORT ON EXPENDITURES
SEC. 5171. CIGIE REPORT ON EXPENDITURES.
Section 11(c)(3) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(D) Report on expenditures.--Not later than November 30
of each year, the Chairperson shall submit to the appropriate
committees or subcommittees of Congress, including the
Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives, a report
on the expenditures of the Council for the preceding fiscal
year, including from direct appropriations to the Council,
interagency funding pursuant to subparagraph (A), a revolving
fund pursuant to subparagraph (B), or any other source.''.
[[Page S8122]]
TITLE LVIII--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS
SEC. 5181. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR
ASSISTANCE TO INSPECTORS GENERAL.
Section 6(c) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(3) If the information or assistance that is the subject
of a report under paragraph (2) is not provided to the
Inspector General by the date that is 30 days after the
report is made, the Inspector General shall submit a notice
that the information or assistance requested has not been
provided by the head of the establishment involved or the
head of the Federal agency involved, as applicable, to the
appropriate congressional committees.''.
TITLE LIX--TRAINING RESOURCES FOR INSPECTORS GENERAL AND OTHER MATTERS
SEC. 5191. TRAINING RESOURCES FOR INSPECTORS GENERAL.
Section 11(c)(1) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) by redesignating subparagraphs (E) through (I) as
subparagraphs (F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) support the professional development of Inspectors
General, including by providing training opportunities on the
duties, responsibilities, and authorities under this Act and
on topics relevant to Inspectors General and the work of
Inspectors General, as identified by Inspectors General and
the Council.''.
SEC. 5192. DEFINITION OF APPROPRIATE CONGRESSIONAL
COMMITTEES.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 5--
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ``committees or subcommittees of the
Congress'' and inserting ``congressional committees''; and
(B) in subsection (d), by striking ``committees or
subcommittees of Congress'' and inserting ``congressional
committees'';
(2) in section 6(h)(4)--
(A) in subparagraph (B), by striking ``Government''; and
(B) by amending subparagraph (C) to read as follows:
``(C) Any other relevant congressional committee or
subcommittee of jurisdiction.'';
(3) in section 8--
(A) in subsection (b)--
(i) in paragraph (3), by striking ``the Committees on Armed
Services and Governmental Affairs of the Senate and the
Committee on Armed Services and the Committee on Government
Reform and Oversight of the House of Representatives and to
other appropriate committees or subcommittees of the
Congress'' and inserting ``the appropriate congressional
committees, including the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives''; and
(ii) in paragraph (4), by striking ``and to other
appropriate committees or subcommittees''; and
(B) in subsection (f)--
(i) in paragraph (1), by striking ``the Committees on Armed
Services and on Homeland Security and Governmental Affairs of
the Senate and the Committees on Armed Services and on
Oversight and Government Reform of the House of
Representatives and to other appropriate committees or
subcommittees of Congress'' and inserting ``the appropriate
congressional committees, including the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives''; and
(ii) in paragraph (2), by striking ``committees or
subcommittees of the Congress'' and inserting ``congressional
committees'';
(4) in section 8D--
(A) in subsection (a)(3), by striking ``Committees on
Governmental Affairs and Finance of the Senate and the
Committees on Government Operations and Ways and Means of the
House of Representatives, and to other appropriate committees
or subcommittees of the Congress'' and inserting
``appropriate congressional committees, including the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives''; and
(B) in subsection (g)--
(i) in paragraph (1)--
(I) by striking ``committees or subcommittees of the
Congress'' and inserting ``congressional committees''; and
(II) by striking ``Committees on Governmental Affairs and
Finance of the Senate and the Committees on Government Reform
and Oversight and Ways and Means of the House of
Representatives'' and inserting ``Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives''; and
(ii) in paragraph (2), by striking ``committees or
subcommittees of Congress'' and inserting ``congressional
committees'';
(5) in section 8E--
(A) in subsection (a)(3), by striking ``Committees on
Governmental Affairs and Judiciary of the Senate and the
Committees on Government Operations and Judiciary of the
House of Representatives, and to other appropriate committees
or subcommittees of the Congress'' and inserting
``appropriate congressional committees, including the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives''; and
(B) in subsection (c)--
(i) by striking ``committees or subcommittees of the
Congress'' and inserting ``congressional committees''; and
(ii) by striking ``Committees on the Judiciary and
Governmental Affairs of the Senate and the Committees on the
Judiciary and Government Operations of the House of
Representatives'' and inserting ``Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives'';
(6) in section 8G--
(A) in subsection (d)(2)(E), in the matter preceding clause
(i), by inserting ``the appropriate congressional committees,
including'' after ``are''; and
(B) in subsection (f)(3)--
(i) in subparagraph (A)(iii), by striking ``Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives, and to other appropriate committees or
subcommittees of the Congress'' and inserting ``the
appropriate congressional committees''; and
(ii) by striking subparagraph (C);
(7) in section 8I--
(A) in subsection (a)(3), in the matter preceding
subparagraph (A), by striking ``committees and subcommittees
of Congress'' and inserting ``congressional committees''; and
(B) in subsection (d), by striking ``committees and
subcommittees of Congress'' each place it appears and
inserting ``congressional committees'';
(8) in section 8N(b), by striking ``committees of
Congress'' and inserting ``congressional committees'';
(9) in section 11--
(A) in subsection (b)(3)(B)(viii)--
(i) by striking subclauses (III) and (IV);
(ii) in subclause (I), by adding ``and'' at the end; and
(iii) by amending subclause (II) to read as follows:
``(II) the appropriate congressional committees.''; and
(B) in subsection (d)(8)(A)(iii), by striking ``to the''
and all that follows through ``jurisdiction'' and inserting
``to the appropriate congressional committees''; and
(10) in section 12--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) the term `appropriate congressional committees'
means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Committee on Oversight and Reform of the House of
Representatives; and
``(C) any other relevant congressional committee or
subcommittee of jurisdiction.''.
SEC. 5193. SEMIANNUAL REPORTS.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 4(a)(2)--
(A) by inserting ``, including'' after ``to make
recommendations''; and
(B) by inserting a comma after ``section 5(a)'';
(2) in section 5--
(A) in subsection (a)--
(i) by striking paragraphs (1) through (12) and inserting
the following:
``(1) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the establishment and associated reports and
recommendations for corrective action made by the Office;
``(2) an identification of each recommendation made before
the reporting period, for which corrective action has not
been completed, including the potential costs savings
associated with the recommendation;
``(3) a summary of significant investigations closed during
the reporting period;
``(4) an identification of the total number of convictions
during the reporting period resulting from investigations;
``(5) information regarding each audit, inspection, or
evaluation report issued during the reporting period,
including--
``(A) a listing of each audit, inspection, or evaluation;
``(B) if applicable, the total dollar value of questioned
costs (including a separate category for the dollar value of
unsupported costs) and the dollar value of recommendations
that funds be put to better use, including whether a
management decision had been made by the end of the reporting
period;
``(6) information regarding any management decision made
during the reporting period with respect to any audit,
inspection, or evaluation issued during a previous reporting
period;'';
(ii) by redesignating paragraphs (13) through (22) as
paragraphs (7) through (16), respectively;
(iii) by amending paragraph (13), as so redesignated, to
read as follows:
``(13) a report on each investigation conducted by the
Office where allegations of misconduct were substantiated,
including the name of the senior Government employee, if
already made public by the Office, and a detailed description
of--
``(A) the facts and circumstances of the investigation; and
``(B) the status and disposition of the matter, including--
``(i) if the matter was referred to the Department of
Justice, the date of the referral; and
``(ii) if the Department of Justice declined the referral,
the date of the declination;''; and
[[Page S8123]]
(iv) in paragraph (15), as so redesignated, by striking
subparagraphs (A) and (B) and inserting the following:
``(A) any attempt by the establishment to interfere with
the independence of the Office, including--
``(i) with budget constraints designed to limit the
capabilities of the Office; and
``(ii) incidents where the establishment has resisted or
objected to oversight activities of the Office or restricted
or significantly delayed access to information, including the
justification of the establishment for such action; and
``(B) a summary of each report made to the head of the
establishment under section 6(c)(2) during the reporting
period;''; and
(B) in subsection (b)--
(i) by striking paragraphs (2) and (3) and inserting the
following:
``(2) where final action on audit, inspection, and
evaluation reports had not been taken before the commencement
of the reporting period, statistical tables showing--
``(A) with respect to management decisions--
``(i) for each report, whether a management decision was
made during the reporting period;
``(ii) if a management decision was made during the
reporting period, the dollar value of disallowed costs and
funds to be put to better use as agreed to in the management
decision; and
``(iii) total number of reports where a management decision
was made during the reporting period and the total
corresponding dollar value of disallowed costs and funds to
be put to better use as agreed to in the management decision;
and
``(B) with respect to final actions--
``(i) whether, if a management decision was made before the
end of the reporting period, final action was taken during
the reporting period;
``(ii) if final action was taken, the dollar value of--
``(I) disallowed costs that were recovered by management
through collection, offset, property in lieu of cash, or
otherwise;
``(II) disallowed costs that were written off by
management;
``(III) disallowed costs and funds to be put to better use
not yet recovered or written off by management;
``(IV) recommendations that were completed; and
``(V) recommendations that management has subsequently
concluded should not or could not be implemented or
completed; and
``(iii) total number of reports where final action was not
taken and total number of reports where final action was
taken, including the total corresponding dollar value of
disallowed costs and funds to be put to better use as agreed
to in the management decisions;'';
(ii) by redesignating paragraph (4) as paragraph (3);
(iii) in paragraph (3), as so redesignated, by striking
``subsection (a)(20)(A)'' and inserting ``subsection
(a)(14)(A)''; and
(iv) by striking paragraph (5) and inserting the following:
``(4) a statement explaining why final action has not been
taken with respect to each audit, inspection, and evaluation
report in which a management decision has been made but final
action has not yet been taken, except that such statement--
``(A) may exclude reports if--
``(i) a management decision was made within the preceding
year; or
``(ii) the report is under formal administrative or
judicial appeal or management of the establishment has agreed
to pursue a legislative solution; and
``(B) shall identify the number of reports in each category
so excluded.'';
(C) by redesignating subsection (h), as so redesignated by
section 305, as subsection (i); and
(D) by inserting after subsection (g), as so redesignated
by section 305, the following:
``(h) If an Office has published any portion of the report
or information required under subsection (a) to the website
of the Office or on oversight.gov, the Office may elect to
provide links to the relevant webpage or website in the
report of the Office under subsection (a) in lieu of
including the information in that report.''.
SEC. 5194. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY
NON-GOVERNMENTAL ORGANIZATIONS OR BUSINESS
ENTITIES.
(a) In General.--Section 5(g) of the Inspector General Act
of 1978 (5 U.S.C. App.), as so redesignated by section 5135
of this division, is amended by adding at the end the
following:
``(6)(A) Except as provided in subparagraph (B), if an
audit, evaluation, inspection, or other non-investigative
report prepared by an Inspector General specifically
identifies a specific non-governmental organization or
business entity, whether or not the non-governmental
organization or business entity is the subject of that audit,
evaluation, inspection, or non-investigative report--
``(i) the Inspector General shall notify the non-
governmental organization or business entity;
``(ii) the non-governmental organization or business entity
shall have--
``(I) 30 days to review the audit, evaluation, inspection,
or non-investigative report beginning on the date of
publication of the audit, evaluation, inspection, or non-
investigative report; and
``(II) the opportunity to submit a written response for the
purpose of clarifying or providing additional context as it
directly relates to each instance wherein an audit,
evaluation, inspection, or non-investigative report
specifically identifies that non-governmental organization or
business entity; and
``(iii) if a written response is submitted under clause
(ii)(II) within the 30-day period described in clause
(ii)(I)--
``(I) the written response shall be attached to the audit,
evaluation, inspection, or non-investigative report; and
``(II) in every instance where the report may appear on the
public-facing website of the Inspector General, the website
shall be updated in order to access a version of the audit,
evaluation, inspection, or non-investigative report that
includes the written response.
``(B) Subparagraph (A) shall not apply with respect to a
non-governmental organization or business entity that refused
to provide information or assistance sought by an Inspector
General during the creation of the audit, evaluation,
inspection, or non-investigative report.
``(C) An Inspector General shall review any written
response received under subparagraph (A) for the purpose of
preventing the improper disclosure of classified information
or other non-public information, consistent with applicable
laws, rules, and regulations, and, if necessary, redact such
information.''.
(b) Retroactive Applicability.--During the 30-day period
beginning on the date of enactment of this Act--
(1) the amendment made by subsection (a) shall apply upon
the request of a non-governmental organization or business
entity named in an audit, evaluation, inspection, or other
non-investigative report prepared on or after January 1,
2019; and
(2) any written response submitted under clause (iii) of
section 5(g)(6)(A)of the Inspector General Act of 1978 (5
U.S.C. App.), as added by subsection (a), with respect to
such an audit, evaluation, inspection, or other non-
investigative report shall attach to the original report in
the manner described in that clause.
SEC. 5195. REVIEW RELATING TO VETTING, PROCESSING, AND
RESETTLEMENT OF EVACUEES FROM AFGHANISTAN AND
THE AFGHANISTAN SPECIAL IMMIGRANT VISA PROGRAM.
(a) In General.--In accordance with the Inspector General
Act of 1978 (5 U.S.C. App.), the Inspector General of the
Department of Homeland Security, jointly with the Inspector
General of the Department of State, and in coordination with
any appropriate inspector general, shall conduct a thorough
review of efforts to support and process evacuees from
Afghanistan and the Afghanistan special immigrant visa
program.
(b) Elements.--The review required by subsection (a) shall
include an assessment of the systems, staffing, policies, and
programs used--
(1) to the screen and vet such evacuees, including--
(A) an assessment of whether personnel conducting such
screening and vetting were appropriately authorized and
provided with training, including training in the detection
of fraudulent personal identification documents;
(B) an analysis of the degree to which such screening and
vetting deviated from United States law, regulations, policy,
and best practices relating to--
(i) the screening and vetting of parolees, refugees, and
applicants for United States visas that have been in use at
any time since January 1, 2016, particularly for individuals
from countries with active terrorist organizations; and
(ii) the screening and vetting of parolees, refugees, and
applicants for United States visas pursuant to any mass
evacuation effort since 1975, particularly for individuals
from countries with active terrorist organizations;
(C) an identification of any risk to the national security
of the United States posed by any such deviations;
(D) an analysis of the processes used for evacuees
traveling without personal identification records, including
the creation or provision of any new identification records
to such evacuees; and
(E) an analysis of the degree to which such screening and
vetting process was capable of detecting--
(i) instances of human trafficking and domestic abuse;
(ii) evacuees who are unaccompanied minors; and
(iii) evacuees with a spouse that is a minor;
(2) to admit and process such evacuees at United States
ports of entry;
(3) to temporarily house such evacuees prior to
resettlement;
(4) to account for the total number of individual evacuated
from Afghanistan in 2021 with support of the United States
Government, disaggregated by--
(A) country of origin;
(B) age;
(C) gender;
(D) eligibility for special immigrant visas under the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note;
Public Law 111-8) or section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note;
Public Law 109-163) at the time of evacuation;
(E) eligibility for employment-based nonimmigrant visas at
the time of evacuation; and
[[Page S8124]]
(F) familial relationship to evacuees who are eligible for
visas described in subparagraphs (D) and (E); and
(5) to provide eligible individuals with special immigrant
visas under the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note; Public Law 111-8) and section 1059 of the
National Defense Authorization Act for Fiscal Year 2006 (8
U.S.C. 1101 note; Public Law 109-163) since the date of the
enactment of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note; Public Law 111-8), including--
(A) a detailed step-by-step description of the application
process for such special immigrant visas, including the
number of days allotted by the United States Government for
the completion of each step;
(B) the number of such special immigrant visa applications
received, approved, and denied, disaggregated by fiscal year;
(C) the number of such special immigrant visas issued, as
compared to the number available under law, disaggregated by
fiscal year;
(D) an assessment of the average length of time taken to
process an application for such a special immigrant visa,
beginning on the date of submission of the application and
ending on the date of final disposition, disaggregated by
fiscal year;
(E) an accounting of the number of applications for such
special immigrant visas that remained pending at the end of
each fiscal year;
(F) an accounting of the number of interviews of applicants
for such special immigrant visas conducted during each fiscal
year;
(G) the number of noncitizens who were admitted to the
United States pursuant to such a special immigrant visa
during each fiscal year;
(H) an assessment of the extent to which each participating
department or agency of the United States Government,
including the Department of State and the Department of
Homeland Security, adjusted processing practices and
procedures for such special immigrant visas so as to vet
applicants and expand processing capacity since the February
29, 2020, Doha Agreement between the United States and the
Taliban;
(I) a list of specific steps, if any, taken between
February 29, 2020, and August 31, 2021--
(i) to streamline the processing of applications for such
special immigrant visas; and
(ii) to address longstanding bureaucratic hurdles while
improving security protocols;
(J) a description of the degree to which the Secretary of
State implemented recommendations made by the Department of
State Office of Inspector General in its June 2020 reports on
Review of the Afghan Special Immigrant Visa Program (AUD-
MERO-20-35) and Management Assistance Report: Quarterly
Reporting on Afghan Special Immigrant Visa Program Needs
Improvement (AUD-MERO-20-34);
(K) an assessment of the extent to which challenges in
verifying applicants' employment with the Department of
Defense contributed to delays in the processing of such
special immigrant visas, and an accounting of the specific
steps taken since February 29, 2020, to address issues
surrounding employment verification; and
(L) recommendations to strengthen and streamline such
special immigrant visa process going forward.
(c) Interim Reporting.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Department of Homeland Security and the Inspector General of
the Department of State shall submit to the appropriate
congressional committees not fewer than one interim report on
the review conducted under this section.
(2) Form.--Any report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(3) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning
given the term in section 12 of the Inspector General Act of
1978 (5 U.S.C. App.), as amended by this Act.
(B) Screen; screening.--The terms ``screen'' and
``screening'', with respect to an evacuee, mean the process
by which a Federal official determines--
(i) the identity of the evacuee;
(ii) whether the evacuee has a valid identification
documentation; and
(iii) whether any database of the United States Government
contains derogatory information about the evacuee.
(C) Vet; vetting.--The term ``vet'' and ``vetting'', with
respect to an evacuee, means the process by which a Federal
official interviews the evacuee to determine whether the
evacuee is who they purport to be, including whether the
evacuee poses a national security risk.
(d) Discharge of Responsibilities.--The Inspector General
of the Department of Homeland Security and the Inspector
General of the Department of State shall discharge the
responsibilities under this section in a manner consistent
with the authorities and requirements of the Inspector
General Act of 1978 (5 U.S.C. App.) and the authorities and
requirements applicable to the Inspector General of the
Department of Homeland Security and the Inspector General of
the Department of State under that Act.
(e) Coordination.--Upon request of an Inspector General for
information or assistance under subsection (a), the head of
any Federal agency involved shall, insofar as is practicable
and not in contravention of any existing statutory
restriction or regulation of the Federal agency from which
the information is requested, furnish to such Inspector
General, or to an authorized designee, such information or
assistance.
(f) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of the Inspector General of
the Department of Homeland Security or the Inspector General
of the Department of State to enter into agreements to
conduct joint audits, inspections, or investigations in the
exercise of the oversight responsibilities of the Inspector
General of the Department of Homeland Security and the
Inspector General of the Department of State, in accordance
with the Inspector General Act of 1978 (5 U.S.C. App.), with
respect to oversight of the evacuation from Afghanistan, the
selection, vetting, and processing of applicants for special
immigrant visas and asylum, and any resettlement in the
United States of such evacuees.
______
SA 4609. Mr. PETERS (for himself and Ms. Collins) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
On page 126, between lines 6 and 7, insert the following:
``(5) Support research efforts relating to perfluoroalkyl
substances or polyfluoroalkyl substances.
``(6) Establish practices to ensure the timely and complete
dissemination of research findings and related data relating
to perfluoroalkyl substanes or polyfluoroalkyl substances to
the general public.
At the end of subtitle D of title III, add the following:
SEC. 356. DEPARTMENT OF DEFENSE TRANSPARENCY REGARDING
RESEARCH RELATING TO PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES.
(a) Publication of Information.--Beginning not later than
180 days after the date of the enactment of this Act,
Secretary of Defense shall publish on the publicly available
website established under section 331(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 10 U.S.C. 2701 note) timely and regularly updated
information on the research efforts of the Department of
Defense relating to perfluoroalkyl or polyfluoroalkyl
substances, which shall include the following:
(1) A description of any research collaborations and data
sharing by the Department with the Department of Veterans
Affairs, the Agency for Toxic Substances and Disease
Registry, or any other agency (as defined in section 551
title 5, United States Code), States, academic institutions,
nongovernmental organizations, or any other entity.
(2) Regularly updated information on research projects
supported or conducted by the Department of Defense
pertaining to the development, testing, and evaluation of a
fluorine-free firefighting foam or any other alternative to
aqueous film forming foam that contains perfluoroalkyl or
polyfluoroalkyl substances, excluding any proprietary
information that is business confidential.
(3) Regularly updated information on research projects
supported or conducted by the Department pertaining to the
health effects of perfluoroalkyl or polyfluoroalkyl
substances, including information relating to the impact of
such substances on firefighters, veterans, and military
families and excluding any personally identifiable
information.
(4) Regularly updated information on research projects
supported or conducted by the Department pertaining to
treatment options for drinking water, surface water, ground
water, and the safe disposal of perfluoroalkyl or
polyfluoroalkyl substances.
(5) Budget information, including specific spending
information for the research projects relating to
perfluoroalkyl or polyfluoroalkyl substances that are
supported or conducted by the Department.
(6) Such other matters as may be relevant to ongoing
research projects supported or conducted by the Department to
address the use of perfluoroalkyl or polyfluoroalkyl
substances and the health effects of the use of such
substances.
(b) Format.--The information published under subsection (a)
shall be made available in a downloadable, machine-readable,
open, and a user-friendly format.
(c) Definitions.--In this section:
(1) The term ``military installation'' includes active,
inactive, and former military installations.
(2) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully
fluorinated carbon atoms.
(3) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
______
SA 4610. Mr. LEE submitted an amendment intended to be proposed to
[[Page S8125]]
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the
following:
SEC. ___. SECRETARY OF DEFENSE CONSIDERATION OF POWERED
EXOSKELETONS AND HUMAN CONTROLLED ROBOTS FOR
HEAVY LIFT SUSTAINMENT TASKS.
Whenever the Secretary of Defense evaluates the research
and development of emerging war-fighting technologies, the
Secretary shall consider the use of full-body, autonomously
powered exoskeletons and semi-autonomous or tele-operated
single or dual-armed, human controlled robots used for heavy
lift sustainment tasks.
______
SA 4611. Mr. LEE (for himself and Mrs. Feinstein) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. PORTABILITY OF PROFESSIONAL LICENSES OF MEMBERS OF
THE UNIFORMED SERVICES AND THEIR SPOUSES.
(a) In General.--Title VII of the Servicemembers Civil
Relief Act (50 U.S.C. 4021 et seq.) is amended by inserting
after section 705 (50 U.S.C. 4025) the following new section:
``SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF
SERVICEMEMBERS AND THEIR SPOUSES.
``(a) In General.--In any case in which a servicemember has
a professional license in good standing in a jurisdiction or
the spouse of a servicemember has a professional license in
good standing in a jurisdiction and such servicemember or
spouse relocates his or her residency because of military
orders for military service to a location that is not in such
jurisdiction, the professional license or certification of
such servicemember or spouse shall be considered valid at a
similar scope of practice and in the discipline applied for
in the jurisdiction of such new residency for the duration of
such military orders if such servicemember or spouse--
``(1) provides a copy of such military orders to the
licensing authority in the jurisdiction in which the new
residency is located;
``(2) remains in good standing with the licensing authority
that issued the license; and
``(3) submits to the authority of the licensing authority
in the new jurisdiction for the purposes of standards of
practice, discipline, and fulfillment of any continuing
education requirements.
``(b) Interstate Licensure Compacts.--If a servicemember or
spouse of a servicemember is licensed and able to operate in
multiple jurisdictions through an interstate licensure
compact, with respect to services provided in the
jurisdiction of the interstate licensure compact by a
licensee covered by such compact, the servicemember or spouse
of a servicemember shall be subject to the requirements of
the compact or the applicable provisions of law of the
applicable State and not this section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 705 the following new item:
``Sec. 705A. Portability of professional licenses of servicemembers and
their spouses.''.
______
SA 4612. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of part II of subtitle B of title V, add the
following:
SEC. 520B. LIMITATION OF EXTENSION OF PERIOD OF ACTIVE DUTY
FOR A MEMBER WHO ACCEPTS A FELLOWSHIP,
SCHOLARSHIP, OR GRANT.
(a) In General.--Subsection (b) of section 2603 of title
10, United States Code, is amended by adding at the end the
following: ``No such period may exceed five years.''.
(b) Retroactive Effect.--An agreement under such
subsection, made by a member of the Armed Forces on or before
the date of the enactment of this Act, may not require such
member to serve on active duty for a period that exceeds five
years.
______
SA 4613. Ms. CORTEZ MASTO (for herself and Ms. Rosen) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. ACTIONS TO INCREASE AND STABILIZE THE SUPPLY OF
MICROELECTRONICS FOR UNITED STATES COMPUTER
NUMERICALLY CONTROLLED (CNC) MANUFACTURING
BASE.
The Secretary of Defense and the Secretary of Commerce
shall--
(1) take immediate action to increase and stabilize the
supply of microelectronics available to the United States
computer numerically controlled (CNC) manufacturing base in
order to sustain critical defense programs and the defense
industrial base; and
(2) not later than 60 days after the date of the enactment
of this Act, jointly provide a briefing to the Committees on
Armed Services of the Senate and the House of Representatives
on efforts to carry out paragraph (1).
______
SA 4614. Mr. SCHATZ (for himself, Mrs. Gillibrand, and Ms. Ernst)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of part II of subtitle B of title V, add the
following:
SEC. 520B. TIGER TEAM FOR OUTREACH TO FORMER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the mission of the Department of Defense is to provide
the military forces needed to deter war and to protect the
security of the United States;
(2) expanding outreach to veterans impacted by Don't Ask,
Don't Tell or a similar policy prior to the enactment of
Don't Ask, Don't Tell is important to closing a period of
history harmful to the creed of integrity, respect, and honor
of the military;
(3) the Department is responsible for providing for the
review of a veteran's military record before the appropriate
discharge review board or, when more than 15 years has
passed, board of correction for military or naval records;
and
(4) the Secretary of Defense should, wherever possible,
coordinate and conduct outreach to impacted veterans through
the veterans community and networks, including through the
Department of Veterans Affairs and veterans service
organizations, to ensure that veterans understand the review
processes that are available to them for upgrading military
records.
(b) Establishment of Tiger Team.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a team (commonly known as a ``tiger team'' and
referred to in this section as the ``Tiger Team'')
responsible for conducting outreach to build awareness among
former members of the Armed Forces of the process established
pursuant to section 527 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1552
note) for the review of discharge characterizations by
appropriate discharge boards. The Tiger Team shall consist of
appropriate personnel of the Department of Defense assigned
to the Tiger Team by the Secretary for purposes of this
section.
(2) Tiger team leader.--One of the persons assigned to the
Tiger Team under paragraph (1) shall be a senior-level
officer or employee of the Department who shall serve as the
lead official of the Tiger Team (in this section referred to
as the ``Tiger Team Leader'') and who shall be accountable
for the activities of the Tiger Team under this section,
(3) Report on composition.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
submit to Congress a report setting forth the names of the
personnel of the Department assigned to the Tiger Team
pursuant to this subsection, including the positions to which
assigned. The report shall specify the name of the individual
assigned as Tiger Team Leader.
(c) Duties.--
(1) In general.--The Tiger Team shall conduct outreach to
build awareness among veterans of the process established
pursuant to
[[Page S8126]]
section 527 of the National Defense Authorization Act for
Fiscal Year 2020 for the review of discharge
characterizations by appropriate discharge boards.
(2) Collaboration.--In conducting activities under this
subsection, the Tiger Team Leader shall identify appropriate
external stakeholders with whom the Tiger Team shall work to
carry out such activities. Such stakeholders shall include
the following:
(A) The Secretary of Veterans Affairs.
(B) The Archivist of the United States.
(C) Representatives of veterans service organizations.
(D) Such other stakeholders as the Tiger Team Leader
considers appropriate.
(3) Initial report.--Not later than 210 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress the following:
(A) A plan setting forth the following:
(i) A description of the manner in which the Secretary,
working through the Tiger Team and in collaboration with
external stakeholders described in paragraph (2), shall
identify individuals who meet the criteria in section 527(b)
of the National Defense Authorization Act for Fiscal Year
2020 for review of discharge characterization.
(ii) A description of the manner in which the Secretary,
working through the Tiger Team and in collaboration with the
external stakeholders, shall improve outreach to individuals
who meet the criteria in section 527(b) of the National
Defense Authorization Act for Fiscal Year 2020 for review of
discharge characterization, including through--
(I) obtaining contact information on such individuals; and
(II) contacting such individuals on the process established
pursuant to section 527 of the National Defense Authorization
Act for Fiscal Year 2020 for the review of discharge
characterizations.
(B) A description of the manner in which the work described
in clauses (i) and (ii) of subparagraph (A) will be carried
out, including an allocation of the work among the Tiger Team
and the external stakeholders.
(C) A schedule for the implementation, carrying out, and
completion of the plan required under subparagraph (A).
(D) A description of the additional funding, personnel, or
other resources of the Department required to carry out the
plan required under subparagraph (A), including any
modification of applicable statutory or administrative
authorities.
(4) Implementation of plan.--
(A) In general.--The Secretary shall implement and carry
out the plan submitted under subparagraph (A) of paragraph
(3) in accordance with the schedule submitted under
subparagraph (C) of that paragraph.
(B) Updates.--Not less frequently than once every 90 days
after the submittal of the report under paragraph (3), the
Tiger Team shall submit to Congress an update on the carrying
out of the plan submitted under subparagraph (A) of that
paragraph.
(5) Final report.--Not later than 3 years after the date of
the enactment of this Act, the Tiger Team shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a final report on the activities of the Tiger
Team under this subsection. The report shall set forth the
following:
(A) The number of individuals discharged under Don't Ask,
Don't Tell or a similar policy prior to the enactment of
Don't Ask, Don't Tell.
(B) The number of individuals described in subparagraph (A)
who availed themselves of a review of discharge
characterization (whether through discharge review or
correction of military records) through a process established
prior to the enactment of this Act.
(C) The number of individuals contacted through outreach
conducted pursuant to this section.
(D) The number of individuals described in subparagraph (A)
who availed themselves of a review of discharge
characterization through the process established pursuant to
section 527 of the National Defense Authorization Act for
Fiscal Year 2020.
(E) The number of individuals described in subparagraph (D)
whose review of discharge characterization resulted in a
change of characterization to honorable discharge.
(F) The total number of individuals described in
subparagraph (A), including individuals also covered by
subparagraph (E), whose review of discharge characterization
since September 20, 2011 (the date of repeal of Don't Ask,
Don't Tell), resulted in a change of characterization to
honorable discharge.
(6) Termination.--On the date that is 60 days after the
date on which the final report required by paragraph (5) is
submitted, the Secretary shall terminate the Tiger Team.
(d) Additional Reports.--
(1) Review.--The Secretary of Defense shall conduct a
review of the consistency and uniformity of the reviews
conducted pursuant to section 527 of the National Defense
Authorization Act for Fiscal Year 2020.
(2) Reports.--Not later than 270 days after the date of the
enactment of this Act, and each year thereafter for a four-
year period, the Secretary shall submit to Congress a report
on the reviews under paragraph (1). Such reports shall
include any comments or recommendations for continued
actions.
(e) Review of Discharge of Impacted Former Members.--
(1) In general.--The Secretary of Defense shall review and
update existing guidance to ensure that the appropriate
discharge board for the military departments concerned shall
review a discharge characterization of the covered member as
required under section 527 of the National Defense
Authorization Act for Fiscal Year 2020 at the request of a
covered member, or their representative, notwithstanding any
requirements to provide documentation necessary to initiate a
review of a discharge characterization.
(2) Exception.--The appropriate discharge board for the
military departments concerned shall not be required to
initiate a request for a review of a discharge as described
in paragraph (1) if there is evidence available to the
discharge board that is unrelated to the material request of
the covered member or their representative but that would
have reasonably substantiated the military department's
discharge decision.
(f) Historical Reviews.--
(1) In general.--The Secretary of each military department
shall ensure that oral historians of the department, in
coordination with the chief of the personnel division for the
military department concerned--
(A) review the facts and circumstances surrounding the
estimated 100,000 members of the Armed Forces discharged from
the Armed Forces between World War II and September 2011
because of the sexual orientation of the member, including
any use of ambiguous or misleading separation codes and
characterizations intended to disguise the discriminatory
basis of such members' discharge; and
(B) receive oral testimony of individuals who personally
experienced discrimination and discharge because of the
actual or perceived sexual orientation of the individual so
that such testimony may serve as an official record of these
discriminatory policies and their impact on American lives.
(2) Deadline for completion.--Each Secretary of a military
department shall ensure that the oral historians concerned
complete the actions required by paragraph (1) by not later
than two years after the date of the enactment of this Act.
(3) Uses of information.--Information obtained through
actions under paragraph (1) shall be available to members
described in that paragraph for pursuit by such members of a
remedy under section 527 of the National Defense
Authorization Act for Fiscal Year 2020 in accordance with
regulations prescribed for such purpose by the Secretary of
the military department concerned.
(g) Don't Ask, Don't Tell Defined.--In this section, the
term ``Don't Ask, Don't Tell'' means section 654 of title 10,
United States Code, as in effect before such section was
repealed pursuant to the Don't Ask, Don't Tell Repeal Act of
2010 (Public Law 111-321).
______
SA 4615. Mr. MENENDEZ (for himself and Mr. Risch) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. ENHANCING TRANSPARENCY ON INTERNATIONAL AGREEMENTS
AND NON-BINDING INSTRUMENTS.
(a) Section 112b of Title 1.--
(1) In general.--Chapter 2 of title 1, United States Code,
is amended by striking section 112b and inserting the
following:
``Sec. 112b. United States international agreements;
transparency provisions
``(a)(1) Not less frequently than once each month, the
Secretary, through the Legal Adviser of the Department of
State, shall provide in writing to the appropriate
congressional committees the following:
``(A)(i) A list of all international agreements and
qualifying non-binding instruments approved for negotiation
by the Secretary or another Department of State officer at
the Assistant Secretary level or higher during the prior
month, or, in the event an international agreement or
qualifying non-binding instrument is not included in the list
required by this clause, a certification corresponding to the
international agreement or qualifying non-binding instrument
as authorized under paragraph (4)(A).
``(ii) A description of the intended subject matter and
parties to or participants for each international agreement
and qualifying non-binding instrument listed pursuant to
clause (i).
``(B)(i) A list of all international agreements and
qualifying non-binding instruments signed, concluded, or
otherwise finalized during the prior month.
``(ii) The text of all international agreements and
qualifying non-binding instruments described in clause (i).
``(iii) A detailed description of the legal authority that,
in the view of the Secretary, provides authorization for each
international agreement and qualifying non-binding instrument
provided under clause (ii) to become operative. If multiple
authorities are relied upon in relation to an international
agreement or qualifying non-binding instrument, the Secretary
shall cite all such authorities. All citations to a treaty or
statute
[[Page S8127]]
shall include the specific article or section and subsection
reference whenever available and, if not available, shall be
as specific as possible. If the authority relied upon is or
includes article II of the Constitution of the United States,
the Secretary shall explain the basis for that reliance.
``(C)(i) A list of all international agreements that
entered into force and qualifying non-binding instruments
that became operative for the United States or an agency of
the United States during the prior month.
``(ii) The text of all international agreements and
qualifying non-binding instruments described in clause (i).
``(iii) A statement describing any new or amended statutory
or regulatory authority anticipated to be required to fully
implement each proposed international agreement and
qualifying non-binding instrument included in the list
described in clause (i).
``(iv) A statement of whether there were any opportunities
for public comment on the international agreement or
qualifying non-binding instrument prior to the conclusion of
such agreement or instrument.
``(2) The Secretary may provide any of the information or
texts of international agreements and qualifying non-binding
instruments required under paragraph (1) in classified form
if providing such information in unclassified form could
reasonably be expected to cause damage to the foreign
relations or foreign activities of the United States.
``(3) In the case of a general authorization issued for the
negotiation or conclusion of a series of international
agreements of the same general type, the requirements of this
subsection may be satisfied by the provision in writing of--
``(A) a single notification containing all the information
required by this subsection; and
``(B) a list, to the extent described in such general
authorization, of the countries or entities with which such
agreements are contemplated.
``(4)(A) The Secretary may, on a case-by-case basis, waive
the requirements of subsection (a)(1)(A)(i) with respect to a
specific international agreement or qualifying non-binding
instrument for renewable periods of up to 180 days if the
Secretary certifies in writing to the appropriate
congressional committees that--
``(i) exercising the waiver authority is vital to the
negotiation of a particular international agreement or
qualifying non-binding instrument; and
``(ii) the international agreement or qualifying non-
binding instrument would significantly and materially advance
the foreign policy or national security interests of the
United States.
``(B) The Secretary shall brief the Majority Leader and the
Minority Leader of the Senate, the Speaker and the Minority
Leader of the House of Representatives, and the Chairs and
Ranking Members of the appropriate congressional committees
on the scope and status of the negotiation that is the
subject of the waiver under subparagraph (A)--
``(i) not later than 60 calendar days after the date on
which the Secretary exercises the waiver; and
``(ii) once every 180 calendar days during the period in
which a renewed waiver is in effect.
``(C) The certification required by subparagraph (A) may be
provided in classified form.
``(D) The Secretary shall not delegate the waiver authority
or certification requirements under subparagraph (A). The
Secretary shall not delegate the briefing requirements under
subparagraph (B) to any person other than the Deputy
Secretary.
``(b)(1) Not less frequently than once each month, the
Secretary shall make the text of all international agreements
that entered into force during the prior month, and the
information required by subparagraph (B)(iii) of subsection
(a)(1) and clauses (iii) and (iv) of subparagraph (C) of such
subsection, available to the public on the website of the
Department of State.
``(2) The requirement under paragraph (1)--
``(A) shall not apply to any information, including the
text of an international agreement, that is classified; and
``(B) shall apply to any information, including the text of
an international agreement, that is unclassified, except that
the information required by subparagraph (B)(iii) of
subsection (a)(1) and clauses (iii) and (iv) of subparagraph
(C) of such subsection shall not be subject to the
requirement under paragraph (1) if the international
agreement to which it relates is classified.
``(3)(A) Not less frequently than once every 90 calendar
days, the Secretary shall make the text of all unclassified
qualifying non-binding instruments that become operative
available to the public on the website of the Department of
State.
``(B) The requirement under subparagraph (A) shall not
apply to a qualifying non-binding instrument if making the
text of that instrument available to the public could
reasonably be expected to cause damage to the foreign
relations or foreign activities of the United States.
``(c) For any international agreement or qualifying non-
binding instrument, not later than 30 calendar days after the
date on which the Secretary receives a written communication
from the Chair or Ranking Member of either of the appropriate
congressional committees requesting copies of any
implementing agreements or instruments, whether binding or
non-binding, the Secretary shall submit such implementing
agreements or instruments to the appropriate congressional
committees.
``(d) Any department or agency of the United States
Government that enters into any international agreement or
qualifying non-binding instrument on behalf of itself or the
United States shall--
``(1) provide to the Secretary the text of each
international agreement not later than 30 calendar days after
the date on which such agreement is signed;
``(2) provide to the Secretary the text of each qualifying
non-binding instrument not later than 30 calendar days after
the date of the written communication described in subsection
(m)(3)(A)(ii)(II); and
``(3) on an ongoing basis, provide any implementing
material to the Secretary for transmittal to the appropriate
congressional committees as needed to satisfy the
requirements described in subsection (c).
``(e)(1) Each department or agency of the United States
Government that enters into any international agreement or
qualifying non-binding instrument on behalf of itself or the
United States shall designate a Chief International
Agreements Officer, who shall--
``(A) be selected from among employees of such department
or agency;
``(B) serve concurrently as the Chief International
Agreements Officer; and
``(C) subject to the authority of the head of such
department or agency, have department- or agency-wide
responsibility for efficient and appropriate compliance with
this section.
``(2) The Chief International Agreements Officer of the
Department of State shall serve in the Office of the Legal
Adviser with the title of International Agreements Compliance
Officer.
``(f) Texts of oral international agreements and qualifying
non-binding instruments shall be reduced to writing and
subject to the requirements of subsection (a).
``(g) Notwithstanding any other provision of law, an
international agreement may not be signed or otherwise
concluded on behalf of the United States without prior
consultation with the Secretary. Such consultation may
encompass a class of agreements rather than a particular
agreement.
``(h)(1) Notwithstanding any other provision of law, no
amounts appropriated to the Department of State under any law
shall be available for obligation or expenditure to conclude
or implement or to support the conclusion or implementation
of (including through the use of personnel or resources
subject to the authority of a chief of mission) an
international agreement, other than to facilitate compliance
with this section, until the Secretary satisfies the
substantive requirements in subsection (a) with respect to
that international agreement.
``(2)(A) An obligation or expenditure of funds that does
not comply with the prohibition described in paragraph (1)
shall not constitute a violation of paragraph (1) or any
other law if such violation was inadvertent.
``(B) For purposes of this subsection, a violation shall be
considered to be inadvertent if, not later than 5 business
days after the date on which a Department of State official
first learns of the violation, the Secretary--
``(i) certifies in writing to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate
and the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives that, to the
Secretary's knowledge, the Department of State was unaware of
the violation at the time of the obligation or expenditure;
and
``(ii) satisfies the substantive requirements in subsection
(a) with respect to the international agreement concerned.
``(3) This subsection shall take effect on October 1, 2022.
``(i)(1) Not later than 3 years after the date of the
enactment of this Act, and not less frequently than once
every 2 years thereafter, the Comptroller General of the
United States shall conduct an audit of the compliance of the
Secretary with the requirements of this section.
``(2) In any instance in which a failure by the Secretary
to comply with such requirements is determined by the
Comptroller General to have been due to the failure or
refusal of another agency to provide information or material
to the Department of State, or the failure to do so in a
timely manner, the Comptroller General shall engage such
other agency to determine--
``(A) the cause and scope of such failure or refusal;
``(B) the specific office or offices responsible for such
failure or refusal; and
``(C) penalties or other recommendations for measures to
ensure compliance with statutory requirements.
``(3) The Comptroller General shall submit to the
appropriate congressional committees in writing the results
of each audit required by paragraph (1).
``(4) The Comptroller General and the Secretary shall make
the results of each audit required by paragraph (1) publicly
available on the websites of the Government Accountability
Office and the Department of State, respectively.
``(j)(1) Not later than February 1 of each year, the
Secretary shall submit to the appropriate congressional
committees a written report that contains a list of--
``(A) all international agreements and qualifying non-
binding instruments that were signed or otherwise concluded,
entered into force or otherwise became operative, or that
were modified or otherwise amended during the preceding
calendar year; and
``(B) for each agreement and instrument included in the
list under subparagraph (A)--
[[Page S8128]]
``(i) the dates of any action described in such
subparagraph;
``(ii) the title of the agreement or instrument; and
``(iii) a summary of the agreement or instrument (including
a description of the duration of activities under the
agreement or instrument and a description of the agreement or
instrument).
``(2) The report described in paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
``(3)(A) The Secretary should make the report, except for
any classified annex, available to the public on the website
of the Department of State.
``(B) Not later than February 1 of each year, the Secretary
shall make available to the public on the website of the
Department of State each part of the report involving an
international agreement or qualifying non-binding instrument
that entered into force or became operative during the
preceding calendar year, except for any classified annex or
information contained therein.
``(4) Not less frequently than once every 90 calendar days,
the Secretary shall brief the appropriate congressional
committees on developments with regard to treaties, other
international agreements, and non-binding instruments that
have an important effect on the foreign relations of the
United States.
``(k) The President shall, through the Secretary,
promulgate such rules and regulations as may be necessary to
carry out this section.
``(l) It is the sense of Congress that the executive branch
should not prescribe or otherwise commit to or include
specific legislative text in a treaty, executive agreement,
or non-binding instrument unless Congress has authorized such
action.
``(m) In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Foreign Relations of the Senate; and
``(B) the Committee on Foreign Affairs of the House of
Representatives.
``(2) The term `Deputy Secretary' means the Deputy
Secretary of State.
``(3) The term `intelligence community' has the meaning
given that term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4)).
``(4) The term `international agreement' includes--
``(A) any treaty that requires the advice and consent of
the Senate, pursuant to article II of the Constitution of the
United States; and
``(B) any other international agreement to which the United
States is a party and that is not subject to the advice and
consent of the Senate.
``(5)(A) The term `qualifying non-binding instrument' means
a non-binding instrument that--
``(i) is or will be under negotiation or is signed or
otherwise becomes operative with one or more foreign
governments, international organizations, or foreign
entities, including non-state actors; and
``(ii)(I) could reasonably be expected to have a
significant impact on the foreign policy of the United
States; or
``(II) is the subject of a written communication from the
Chair or Ranking Member of either of the appropriate
congressional committees to the Secretary.
``(B) The term `qualifying non-binding instrument' does not
include any non-binding instrument that is signed or
otherwise becomes operative pursuant to the authorities
provided in title 10 or the authorities provided to any
element of the intelligence community.
``(6) The term `Secretary' means the Secretary of State.
``(7)(A) The term `text' with respect to an international
agreement or qualifying non-binding instrument includes--
``(i) any annex, appendix, codicil, side agreement, side
letter, or any document of similar purpose or function to the
aforementioned, regardless of the title of the document, that
is entered into contemporaneously and in conjunction with the
international agreement or qualifying non-binding instrument;
and
``(ii) any implementing agreement or arrangement, or any
document of similar purpose or function to the aforementioned
regardless of the title of the document, that is entered into
contemporaneously and in conjunction with the international
agreement or qualifying non-binding instrument.
``(B) Under clauses (i) and (ii) of subparagraph (A), the
term `contemporaneously and in conjunction with' shall be
construed liberally and shall not be interpreted to mean
simultaneously or on the same day.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of title 1, United States Code, is
amended by striking the item relating to section 112b and
inserting the following:
``112b. United states international agreements; transparency
provisions.''.
(3) Technical and conforming amendment relating to
authorities of the secretary of state.--Section 317(h)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 195c(h)(2)) is
amended by striking ``Section 112b(c)'' and inserting
``Section 112b(g)''.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Department of State $1,000,000 for
each of fiscal years 2022 through 2026 for purposes of
implementing the requirements of section 112b of title 1,
United States Code, as amended by this subsection.
(5) Rules and regulations.--Not later than 180 days after
the date of the enactment of this Act, the President shall,
through the Secretary of State, promulgate such rules and
regulations as may be necessary to carry out section 112b of
title 1, United States Code, as amended by this subsection.
(b) Section 112a of Title 1.--Section 112a of title 1,
United States Code, is amended--
(1) in subsection (a), by striking ``(a) The Secretary''
and inserting ``The Secretary''; and
(2) by striking subsections (b), (c), and (d).
______
SA 4616. Mr. WARNER (for himself and Mr. Rubio) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2022
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Intelligence Authorization Act for Fiscal Year 2022''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2022
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE MATTERS
Subtitle A--Intelligence Community Matters
Sec. 301. Increasing agricultural and commercial intelligence measures.
Sec. 302. Plan for allowing contracts with providers of services
relating to sensitive compartmented information
facilities.
Sec. 303. Plan to establish commercial geospatial intelligence data and
services program office.
Sec. 304. Investment strategy for commercial geospatial intelligence
services acquisition.
Sec. 305. Central Intelligence Agency Acquisition Innovation Center
report, strategy, and plan.
Sec. 306. Improving authorities relating to national
counterintelligence and security.
Sec. 307. Removal of Chief Information Officer of the Intelligence
Community from level IV of the Executive Schedule.
Sec. 308. Requirements relating to construction of facilities to be
used primarily by intelligence community.
Sec. 309. Director of National Intelligence support for intelligence
community diversity, equity, inclusion, and accessibility
activities.
Sec. 310. Establishment of Diversity, Equity, and Inclusion Officer of
the Intelligence Community.
Sec. 311. Annual report evaluating collaboration between the National
Reconnaissance Office and the Space Force.
Sec. 312. Director of National Intelligence declassification review of
information relating to terrorist attacks of September
11, 2001.
Sec. 313. Establishment of Chaplain Corps of the Central Intelligence
Agency.
Sec. 314. Pilot program on recruitment and retention in Office of
Intelligence and Analysis of the Department of the
Treasury.
Sec. 315. Pilot program on student loan repayment at Office of
Intelligence and Analysis of Department of the Treasury.
Sec. 316. Prohibition on collection and analysis of United States
persons' information by intelligence community based on
First Amendment-protected activities.
Sec. 317. Sense of the Senate on the use of intelligence community
resources for collection, assessment, and analysis of
information pertaining exclusively to United States
persons absent a foreign nexus.
Subtitle B--Inspector General of the Intelligence Community
Sec. 321. Submittal of complaints and information by whistleblowers in
the intelligence community to Congress.
[[Page S8129]]
Sec. 322. Definitions and authorities regarding whistleblower
complaints and information of urgent concern received by
Inspectors General of the intelligence community.
Sec. 323. Harmonization of whistleblower protections.
Sec. 324. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure by employees
and contractors in intelligence community.
Sec. 325. Congressional oversight of controlled access programs.
Subtitle C--Reports and Assessments Pertaining to the Intelligence
Community
Sec. 331. Report on efforts to build an integrated hybrid space
architecture.
Sec. 332. Report on Project Maven transition.
Sec. 333. Assessment of intelligence community counternarcotics
capabilities.
Sec. 334. Assessment of intelligence community's intelligence-sharing
relationships with Latin American partners in
counternarcotics.
Sec. 335. Report on United States Southern Command intelligence
capabilities.
Sec. 336. Director of National Intelligence report on trends in
technologies of strategic importance to United States.
Sec. 337. Report on Nord Stream II companies and intelligence ties.
Sec. 338. Assessment of Organization of Defensive Innovation and
Research activities.
Sec. 339. Report on intelligence community support to Visas Mantis
program.
Sec. 340. Plan for artificial intelligence digital ecosystem.
Sec. 341. Study on utility of expanded personnel management authority.
Sec. 342. Assessment of role of foreign groups in domestic violent
extremism.
Sec. 343. Report on the assessment of all-source cyber intelligence
information, with an emphasis on supply chain risks.
Sec. 344. Support for and oversight of Unidentified Aerial Phenomena
Task Force.
Sec. 345. Publication of unclassified appendices from reports on
intelligence community participation in Vulnerabilities
Equities Process.
Sec. 346. Report on future structure and responsibilities of Foreign
Malign Influence Center.
Subtitle D--People's Republic of China
Sec. 351. Assessment of posture and capabilities of intelligence
community with respect to actions of the People's
Republic of China targeting Taiwan.
Sec. 352. Plan to cooperate with intelligence agencies of key
democratic countries regarding technological competition
with People's Republic of China.
Sec. 353. Assessment of People's Republic of China genomic collection.
Sec. 354. Updates to annual reports on influence operations and
campaigns in the United States by the Chinese Communist
Party.
Sec. 355. Report on influence of People's Republic of China through
Belt and Road Initiative projects with other countries.
Sec. 356. Study on the creation of an official digital currency by the
People's Republic of China.
Sec. 357. Report on efforts of Chinese Communist Party to erode freedom
and autonomy in Hong Kong.
Sec. 358. Report on targeting of renewable sectors by China.
TITLE IV--ANOMALOUS HEALTH INCIDENTS
Sec. 401. Definition of anomalous health incident.
Sec. 402. Assessment and report on interagency communication relating
to efforts to address anomalous health incidents.
Sec. 403. Advisory panel on the Office of Medical Services of the
Central Intelligence Agency.
Sec. 404. Joint task force to investigate anomalous health incidents.
Sec. 405. Reporting on occurrence of anomalous health incidents.
Sec. 406. Access to certain facilities of United States Government for
assessment of anomalous health conditions.
TITLE V--SECURITY CLEARANCES AND TRUSTED WORKFORCE
Sec. 501. Exclusivity, consistency, and transparency in security
clearance procedures, and right to appeal.
Sec. 502. Federal policy on sharing of covered insider threat
information pertaining to contractor employees in the
trusted workforce.
Sec. 503. Performance measures regarding timeliness for personnel
mobility.
Sec. 504. Governance of Trusted Workforce 2.0 initiative.
TITLE VI--OTHER INTELLIGENCE MATTERS
Sec. 601. Periodic reports on technology strategy of intelligence
community.
Sec. 602. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 603. Reports on intelligence support for and capacity of the
Sergeants at Arms of the Senate and the House of
Representatives and the United States Capitol Police.
Sec. 604. Study on vulnerability of Global Positioning System to
hostile actions.
Sec. 605. Authority for transportation of federally owned canines
associated with force protection duties of intelligence
community.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence and the Committee
on Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence and the
Committee on Appropriations of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2022 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(17) The Space Force.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 101 for the conduct of the
intelligence activities of the elements listed in paragraphs
(1) through (17) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany
this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2022 the sum of $615,600,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2022 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2022.
[[Page S8130]]
TITLE III--GENERAL INTELLIGENCE MATTERS
Subtitle A--Intelligence Community Matters
SEC. 301. INCREASING AGRICULTURAL AND COMMERCIAL INTELLIGENCE
MEASURES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Agriculture, Nutrition, and Forestry,
the Committee on Armed Services, the Committee on Commerce,
Science, and Transportation, the Committee on Banking,
Housing, and Urban Affairs, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Agriculture, the Committee on Armed
Services, the Committee on Energy and Commerce, the Committee
on Financial Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with other appropriate Federal
Government entities, shall submit to the appropriate
committees of Congress a report detailing the options for the
intelligence community to improve intelligence support to the
Department of Agriculture and the Department of Commerce.
(c) Form.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 302. PLAN FOR ALLOWING CONTRACTS WITH PROVIDERS OF
SERVICES RELATING TO SENSITIVE COMPARTMENTED
INFORMATION FACILITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
(b) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a plan for allowing elements of the intelligence
community to contract with providers of services relating to
sensitive compartmented information facilities for use of
those facilities by businesses and organizations on contracts
at multiple security levels.
(c) Elements.--The plan required by subsection (b) shall
include the following:
(1) An explanation of how the Director of National
Intelligence will leverage the contracting methodology the
National Reconnaissance Office has used to provide leased
sensitive compartmented information facility space to
businesses and organizations.
(2) Policy and budget guidance to incentivize Federal
agencies to implement the plan required by subsection (b).
SEC. 303. PLAN TO ESTABLISH COMMERCIAL GEOSPATIAL
INTELLIGENCE DATA AND SERVICES PROGRAM OFFICE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
(b) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, the Director of the National
Reconnaissance Office and the Director of the National
Geospatial-Intelligence Agency, in consultation with the
Director of National Intelligence, shall jointly develop and
submit to the appropriate committees of Congress a plan to
establish a colocated joint commercial geospatial
intelligence data and services program office.
(c) Contents.--The plan required by subsection (b) shall
include the following:
(1) Milestones for implementation of the plan.
(2) An updated acquisition strategy that--
(A) provides for an annual evaluation of new commercially
available capabilities with opportunities for new entrants;
(B) provides for a flexible contract approach that will
rapidly leverage innovative commercial geospatial
intelligence data capabilities to meet new intelligence
challenges informed by operational requirements; and
(C) considers efficiencies to be gained from closely
coordinated acquisitions of geospatial intelligence data and
services.
(3) An organizational structure of the joint office that--
(A) shares responsibilities and equities between the
National Reconnaissance Office and the National Geospatial-
Intelligence Agency;
(B) specifies as the head of the office a representative
from the National Geospatial-Intelligence Agency; and
(C) specifies as the deputy head of the office a
representative from the National Reconnaissance Office.
SEC. 304. INVESTMENT STRATEGY FOR COMMERCIAL GEOSPATIAL
INTELLIGENCE SERVICES ACQUISITION.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Strategy Required.--Not later than 90 days after the
date of the enactment of this Act, the Director of the
National Geospatial-Intelligence Agency, in consultation with
the Director of National Intelligence and the Secretary of
Defense, shall submit to the appropriate committees of
Congress an investment strategy for the acquisition of
commercial geospatial intelligence data services and
analytics by the National Geospatial-Intelligence Agency.
(c) Contents.--The strategy required by subsection (b)
shall include the following:
(1) A plan to increase purchases of unclassified geospatial
intelligence data services and analytics to meet global
mission requirements of the National Geospatial-Intelligence
Agency while maximizing enterprise access agreements for
procured data and services.
(2) An articulation of the relationship between geospatial
intelligence data and services and how such data and services
are purchased, identifying in particular any challenges to
procuring such services independent of the underlying data.
SEC. 305. CENTRAL INTELLIGENCE AGENCY ACQUISITION INNOVATION
CENTER REPORT, STRATEGY, AND PLAN.
(a) Requirement for Report and Strategy.--Not later than
120 days after the date of the enactment of this Act, the
Director of the Central Intelligence Agency shall submit to
the congressional intelligence committees--
(1) a report stating the mission and purpose of the
Acquisition Innovation Center of the Agency; and
(2) a strategy for incorporating the Acquisition Innovation
Center into the standard operating procedures and procurement
and acquisition practices of the Agency.
(b) Requirement for Implementation Plan.--Not later than
120 days after the date of the enactment of this Act, the
Director shall, using the findings of the Director with
respect to the report submitted under subsection (a)(1),
submit to the congressional intelligence committees an
implementation plan that addresses--
(1) how the Director will ensure the contracting officers
of the Agency and the technical representatives of the
Acquisition Innovation Center for the contracting officers
have access to the technical expertise required to inform
requirements development, technology maturity assessments,
and monitoring of acquisitions;
(2) how the plan specifically applies to technical
industries, including telecommunications, software,
aerospace, and large-scale construction; and
(3) projections for resources necessary to support the
Acquisition Innovation Center, including staff, training, and
contracting support tools.
SEC. 306. IMPROVING AUTHORITIES RELATING TO NATIONAL
COUNTERINTELLIGENCE AND SECURITY.
(a) Duties of the Director of the National
Counterintelligence and Security Center.--Section 902(c) of
the Counterintelligence Enhancement Act of 2002 (50 U.S.C.
3382(c)) is amended by adding at the end the following:
``(5) To organize and lead strategic planning for
counterintelligence activities in support of National
Counterintelligence Strategy objectives and other national
counterintelligence priorities by integrating all instruments
of national power, including diplomatic, financial, military,
intelligence, homeland security, and coordination with law
enforcement activities, within and among Federal agencies.''.
(b) Changes to the Functions of the National
Counterintelligence and Security Center.--
(1) Evaluation of implementation of national
counterintelligence strategy.--Paragraph (3) of section
904(d) of such Act (50 U.S.C. 3383(d)) is amended to read as
follows:
``(3) Implementation of national counterintelligence
strategy.--To evaluate on an ongoing basis the implementation
of the National Counterintelligence Strategy by the
intelligence community and other appropriate elements of the
United States Government and to submit to the President, the
congressional intelligence committees (as defined in section
3 of the National Security Act of 1947 (50 U.S.C. 3003)), the
National Security Council, the Director of the Office of
Management and Budget, and the National Counterintelligence
Policy Board periodic reports on such evaluation, including a
discussion of any shortfalls in the implementation of the
Strategy and recommendations for remedies for such
shortfalls.''.
(2) National counterintelligence program budget.--Paragraph
(5) of such section is amended--
(A) in subparagraph (A)--
(i) by inserting ``oversee and'' before ``coordinate''; and
(ii) by inserting ``in furtherance of the National
Counterintelligence Strategy and other strategic
counterintelligence priorities'' before ``of the Department
of Defense''; and
(B) in subparagraph (C), by striking ``the National
Security Council'' and inserting ``the congressional
intelligence committees
[[Page S8131]]
(as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)), the National Security Council, the
Director of the Office of Management and Budget, and the
National Counterintelligence Policy Board''.
(3) National counterintelligence outreach, watch, and
warning.--
(A) Counterintelligence vulnerability risk assessments.--
Subparagraph (A) of paragraph (7) of such section is amended
by striking ``surveys of the vulnerability of the United
States Government, and the private sector,'' and inserting
``counterintelligence risk assessments and surveys of the
vulnerability of the United States''.
(B) Outreach.--Subparagraph (B) of such paragraph is
amended to read as follows:
``(B) Outreach.--
``(i) Outreach programs and activities.--To carry out and
coordinate, consistent with other applicable provisions of
law and in consultation with appropriate Federal departments
and agencies, outreach programs and outreach activities on
counterintelligence to other elements of the United States
Government, State, local, and Tribal governments, foreign
governments and allies of the United States, the private
sector, and United States academic institutions.
``(ii) Public warnings.--To coordinate the dissemination to
the public of warnings on intelligence threats to the United
States.''.
SEC. 307. REMOVAL OF CHIEF INFORMATION OFFICER OF THE
INTELLIGENCE COMMUNITY FROM LEVEL IV OF THE
EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by
striking ``Chief Information Officer of the Intelligence
Community''.
SEC. 308. REQUIREMENTS RELATING TO CONSTRUCTION OF FACILITIES
TO BE USED PRIMARILY BY INTELLIGENCE COMMUNITY.
Section 602(a) of the Intelligence Authorization Act for
Fiscal Year 1995 (50 U.S.C. 3304(a)) is amended--
(1) in paragraph (1), by striking ``$5,000,000'' and
inserting ``$6,000,000''; and
(2) in paragraph (2), by striking ``$5,000,000'' and
inserting ``$6,000,000''.
SEC. 309. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR
INTELLIGENCE COMMUNITY DIVERSITY, EQUITY,
INCLUSION, AND ACCESSIBILITY ACTIVITIES.
(a) In General.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et. seq.) is amended by adding at the
end the following:
``SEC. 1111. SUPPORT FOR INTELLIGENCE COMMUNITY DIVERSITY,
EQUITY, INCLUSION, AND ACCESSIBILITY
ACTIVITIES.
``(a) Definition of Covered Workforce Activities.--In this
section, the term `covered workforce activities' includes--
``(1) activities relating to the recruitment or retention
of personnel in the workforce of the intelligence community;
and
``(2) activities relating to the workforce of the
intelligence community and diversity, equity, inclusion, or
accessibility.
``(b) Authority to Support Covered Workforce Activities.--
Notwithstanding any other provision of law and subject to the
availability of appropriations made available to the Director
of National Intelligence for covered workforce activities,
the Director may, with or without reimbursement, support such
covered workforce activities of the various elements of the
intelligence community as the Director determines will
benefit the intelligence community as a whole.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 1110 the following:
``Sec. 1111. Support for intelligence community diversity, equity,
inclusion, and accessibility activities.''.
SEC. 310. ESTABLISHMENT OF DIVERSITY, EQUITY, AND INCLUSION
OFFICER OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is amended by inserting after
section 103J (50 U.S.C. 3034a) the following:
``SEC. 103K. DIVERSITY, EQUITY, AND INCLUSION OFFICER OF THE
INTELLIGENCE COMMUNITY.
``(a) Diversity, Equity, and Inclusion Officer of the
Intelligence Community.--Within the Office of the Director of
National Intelligence, there is a Diversity, Equity, and
Inclusion Officer of the Intelligence Community who shall be
appointed by the Director of National Intelligence.
``(b) Duties.--The Diversity, Equity, and Inclusion Officer
of the Intelligence Community shall--
``(1) serve as the principal advisor to the Director of
National Intelligence and the Principal Deputy Director of
National Intelligence on diversity, equity, and inclusion in
the intelligence community;
``(2) lead the development and implementation of strategies
and initiatives to advance diversity, equity, and inclusion
in the intelligence community; and
``(3) perform such other duties, consistent with paragraphs
(1) and (2), as may be prescribed by the Director.
``(c) Annual Reports to Congress.--Not less frequently than
once each year, the Diversity, Equity, and Inclusion Officer
of the Intelligence Community shall submit to the
congressional intelligence communities a report on the
implementation of the strategies and initiatives developed
pursuant to subsection (b)(2) and the execution of related
expenditures.
``(d) Prohibition on Simultaneous Service as Other
Diversity, Equity, and Inclusion or Equal Employment
Opportunity Officer.--An individual serving in the position
of Diversity, Equity, and Inclusion Officer of the
Intelligence Community may not, while so serving, serve as
either the Diversity, Equity, and Inclusion Officer or the
Equal Employment Opportunity Officer of any other department
or agency, or component thereof, of the United States
Government.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 103J the following:
``Sec. 103K. Diversity, Equity, and Inclusion Officer of the
Intelligence Community.''.
(c) Limitation.--None of the funds authorized to be
appropriated by this Act may be used to increase the number
of full-time equivalent employees of the Office of the
Director of National Intelligence in order to carry out
section 103K of such Act, as added by subsection (a).
SEC. 311. ANNUAL REPORT EVALUATING COLLABORATION BETWEEN THE
NATIONAL RECONNAISSANCE OFFICE AND THE SPACE
FORCE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees (as defined in
section 101(a) of title 10, United States Code).
(b) Annual Report.--Not later than 180 days after the date
of the enactment of this Act and not less frequently than
once each year thereafter for 5 years, the Secretary of the
Air Force and the Director of National Intelligence shall
jointly, in consultation with the Under Secretary of Defense
for Intelligence and Security, submit to the appropriate
committees of Congress a report evaluating the partnership
between the National Reconnaissance Office and the Space
Force.
(c) Contents.--Each report submitted under subsection (b)
shall include the following:
(1) A description of the division of labor between the
National Reconnaissance Office and the Space Force,
including--
(A) shared missions and programs; and
(B) methods of collaboration.
(2) An evaluation of the ways in which the National
Reconnaissance Office and the Space Force are partnering on
missions and programs, including identification of lessons
learned for improving collaboration and deconflicting
activities in the future.
(3) An examination of how resources provided from the
National Intelligence Program and the Military Intelligence
Program are allocated to or transferred between the National
Reconnaissance Office and the Space Force.
SEC. 312. DIRECTOR OF NATIONAL INTELLIGENCE DECLASSIFICATION
REVIEW OF INFORMATION RELATING TO TERRORIST
ATTACKS OF SEPTEMBER 11, 2001.
(a) Declassification Review Required.--Not later than 30
days after the date of the enactment of this Act, the
Director of National Intelligence shall, in coordination with
the Director of the Federal Bureau of Investigation, the
Director of the Central Intelligence Agency, and the heads of
such other elements of the intelligence community as the
Director of National Intelligence considers appropriate,
commence a declassification review, which the Director of
National Intelligence shall complete not later than 120 days
after the date of the enactment of this Act, to determine
what additional information relating to the terrorist attacks
of September 11, 2001, can be appropriately declassified and
shared with the public.
(b) Information Covered.--The information reviewed under
subsection (a) shall include the following:
(1) Information relating to the direction, facilitation,
and other support provided to the individuals who carried out
the terrorist attacks of September 11, 2001.
(2) Information from Operation Encore and the PENTTBOM
investigation of the Federal Bureau of Investigation.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives a report on the findings of the
Director with respect to the declassification review
conducted under subsection (a).
SEC. 313. ESTABLISHMENT OF CHAPLAIN CORPS OF THE CENTRAL
INTELLIGENCE AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501
et seq.) is amended by adding at the end the following:
``SEC. 26. CHAPLAIN CORPS AND CHIEF OF CHAPLAINS.
``(a) Establishment of Chaplain Corps.--There is in the
Agency a Chaplain Corps for the provision of spiritual or
religious pastoral services.
``(b) Chief of Chaplains.--The head of the Chaplain Corps
shall be the Chief of Chaplains, who shall be appointed by
the Director.
``(c) Staff and Administration.--
``(1) Staff.--The Director may appoint and fix the
compensation of such staff of the Chaplain Corps as the
Director considers appropriate, except that the Director may
not--
[[Page S8132]]
``(A) appoint more than 10 full-time equivalent positions;
or
``(B) provide basic pay to any member of the staff of the
Chaplain Corps at an annual rate of basic pay in excess of
the maximum rate of basic pay for grade GS-15 as provided in
section 5332 of title 5, United States Code.
``(2) Administration.--The Director may--
``(A) reimburse members of the staff of the Chaplain Corps
for work-related travel expenses;
``(B) provide security clearances to such members; and
``(C) furnish such physical workspace at the headquarters
building of the Agency as the Director considers
appropriate.''.
SEC. 314. PILOT PROGRAM ON RECRUITMENT AND RETENTION IN
OFFICE OF INTELLIGENCE AND ANALYSIS OF THE
DEPARTMENT OF THE TREASURY.
(a) Pilot Program Required.--The Assistant Secretary for
Intelligence and Analysis in the Department of the Treasury
shall carry out a pilot program to assess the feasibility and
advisability of using adjustments of rates of pay to recruit
and retain staff for high-demand positions in the Office of
Intelligence and Analysis of the Department of the Treasury.
(b) Duration.--The Assistant Secretary shall carry out the
pilot program required by subsection (a) during the 4-year
period beginning on the date of the enactment of this Act.
(c) Additional Pay.--Under the pilot program required by
subsection (a), the Assistant Secretary shall,
notwithstanding any provision of title 5, United States Code,
governing the rates of pay or classification of employees in
the executive branch, prescribe the rate of basic pay for
financial and cyber intelligence analyst positions designated
under subsection (d) at rates--
(1) not greater than 130 percent of the maximum basic rate
of pay and locality pay that such positions would otherwise
be eligible for; and
(2) not greater than the rate of basic pay payable for
level II of the Executive Schedule under section 5313 of
title 5, United States Code.
(d) Designated Positions.--
(1) In general.--Except as provided in paragraph (2), under
the pilot program required by subsection (a), the Assistant
Secretary shall designate not fewer than 5 percent and not
more than 25 percent of the total number of positions in the
Office, including positions to be filled by new hires, as
financial or cyber intelligence analyst positions eligible
for the additional pay under subsection (c).
(2) Current employees.--The Assistant Secretary may
designate under paragraph (1) a position filled by an
employee who was employed in that position on the day before
the date of the enactment of this Act only if the employee
was in the top one-third of performance rankings for the
position within the Office for the duration of the 2-year
period ending on the date of the enactment of this Act.
(e) Briefing on the Pilot Program.--Not later than 180 days
after the date of the enactment of this Act and not less
frequently than once each year thereafter for the duration of
the period set forth in subsection (b), the Assistant
Secretary shall provide the congressional intelligence
committees and the Director of National Intelligence with a
briefing on the pilot program required by subsection (a).
(f) Report on the Pilot Program.--Not later than 180 days
before the last day of the period set forth in subsection
(b), the Assistant Secretary shall submit to the
congressional intelligence committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Reform of the House of
Representatives, and the Director of National Intelligence a
report on the effectiveness of the pilot program and
recommendations on whether the pilot program should be
extended, modified, or ended.
(g) Recommendations of Director of National Intelligence.--
Not later than 3 years after the date of the enactment of
this Act, the Director shall submit to the congressional
intelligence committees recommendations as to--
(1) which, if any, other elements of the intelligence
community would benefit from a program similar to the pilot
program required by subsection (a); and
(2) what, if any, modifications the Director would
recommend for such elements.
(h) Retention of Prescribed Rates of Pay After Termination
of Pilot Program.--After the period set forth in subsection
(b), the Assistant Secretary may continue to pay a person,
who received pay during such period pursuant to a rate of
basic pay prescribed under subsection (c), at a rate of basic
pay not to exceed the rate of basic pay that was in effect
for the person on the day before the last day of such period,
until such time as the applicable rate of basic pay for the
person under the General Schedule exceeds the rate of basic
pay that was so in effect under subsection (c).
SEC. 315. PILOT PROGRAM ON STUDENT LOAN REPAYMENT AT OFFICE
OF INTELLIGENCE AND ANALYSIS OF DEPARTMENT OF
THE TREASURY.
(a) Pilot Program.--
(1) Establishment.--The Assistant Secretary for
Intelligence and Analysis in the Department of the Treasury
shall carry out a pilot program to assess the feasibility and
advisability of using repayment of loans on behalf of persons
that were used by the persons to finance education as a
recruitment incentive for employment at the Office of
Intelligence and Analysis of China specialists, data
scientists, cyber specialists, and others with any other
analytic or technical capabilities that are in high demand by
the Office.
(b) Loan Repayments.--
(1) In general.--Under the pilot program, the Assistant
Secretary may repay the principal, interest, and related
expenses of a loan obtained by a covered person to finance
education.
(2) Covered persons.--For purposes of paragraph (1), a
covered person is a person who agrees to an offer from the
Assistant Secretary to participate in the pilot program
before beginning employment in the Office.
(3) Limitation on total amount.--Under the pilot program,
the Assistant Secretary may repay not more than $100,000 on
behalf of any one person.
(4) Limitation on annual amount of payments.--Under the
pilot program, the Assistant Secretary may repay not more
than $15,000 on behalf of any one person in any one fiscal
year.
(5) Timing and period of payments.--In repaying a loan of a
person under the pilot program, the Assistant Secretary shall
make payments--
(A) on a monthly basis; and
(B) only during the period beginning on the date on which
the person begins employment with the Office and ending on
the date on which the person leaves employment with the
Office.
(c) Duration.--The Assistant Secretary shall carry out the
pilot program during the period of fiscal years 2022 through
2024.
(d) Limitation on Number of Participants.--The total number
of individuals receiving a loan repayment under the pilot
program during any fiscal year may not exceed 10.
(e) Administration.--
(1) In general.--In carrying out the pilot program, the
Assistant Secretary shall--
(A) establish such requirements relating to the academic or
specialized training of participants as the Assistant
Secretary considers appropriate to ensure that participants
are prepared for employment as intelligence analysts; and
(B) periodically review the areas of high demand for
particular analytic or technical capabilities and determine
which academic areas of specialization may be most useful in
addressing that demand.
(2) Use of existing programs.--The Assistant Secretary
shall assess the feasibility and advisability of
administering the pilot program by leveraging student loan
programs of the Department of the Treasury that were in
effect on the day before the date of the enactment of this
Act.
(f) Reports.--
(1) Preliminary report.--Not later than 120 days after the
date of the enactment of this Act, the Assistant Secretary
shall submit to Congress a preliminary report on the pilot
program, including a description of the pilot program and the
authorities to be utilized in carrying out the pilot program.
(2) Annual report.--
(A) In general.--Not later than one year after the
commencement of the pilot program and annually thereafter
until the program ends, the Assistant Secretary shall submit
to the congressional intelligence committees and the Director
of National Intelligence a report on the pilot program.
(B) Contents.--Each report submitted under subparagraph (A)
shall include--
(i) a description of the activities under the pilot
program, including the number of individuals who participated
in the pilot program;
(ii) an assessment of the effectiveness of the pilot
program as a recruitment tool; and
(iii) such recommendations for legislative or
administrative action as the Assistant Secretary considers
appropriate in light of the pilot program.
(3) Recommendations.--Not later than 2 years after the
commencement of the pilot program, the Director of National
Intelligence shall submit to the congressional intelligence
committees the recommendations of the Director as to which,
if any, other elements of the intelligence community would
benefit from establishing a loan repayment program similar to
the pilot program required by subsection (a), and what, if
any, modifications the Director would recommend to the
program if it were established.
(g) Funding.--Of the amounts authorized to be appropriated
by this Act, $1,300,000 shall be available until expended to
carry out this section. Of such amounts--
(1) $1,000,000 shall be available for repayment of loans;
and
(2) $300,000 shall be available for a period of 2 years
during the pilot program to hire personnel to administer the
pilot program.
SEC. 316. PROHIBITION ON COLLECTION AND ANALYSIS OF UNITED
STATES PERSONS' INFORMATION BY INTELLIGENCE
COMMUNITY BASED ON FIRST AMENDMENT-PROTECTED
ACTIVITIES.
No element of the intelligence community may collect or
analyze a United States person's information solely upon the
basis of an activity protected by the First Amendment to the
Constitution of the United States.
[[Page S8133]]
SEC. 317. SENSE OF THE SENATE ON THE USE OF INTELLIGENCE
COMMUNITY RESOURCES FOR COLLECTION, ASSESSMENT,
AND ANALYSIS OF INFORMATION PERTAINING
EXCLUSIVELY TO UNITED STATES PERSONS ABSENT A
FOREIGN NEXUS.
It is the sense of the Senate that--
(1) the Federal Bureau of Investigation and the Department
of Homeland Security do vital work in enforcing the rule of
law and safeguarding the people of the United States from
harm;
(2) the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 118 Stat. 3638) sought to
facilitate greater information sharing between law
enforcement and intelligence communities for the purpose of
thwarting attacks on the homeland from international
terrorist organizations;
(3) National Intelligence Program funds should be expended
only in support of intelligence activities with a foreign
nexus consistent with the definition of intelligence provided
by Congress in section 3 of the National Security Act of 1947
(50 U.S.C. 3003); and
(4) the intelligence community should not engage in the
collection, assessment, or analysis of information that
pertains exclusively to United States persons absent a
foreign nexus.
Subtitle B--Inspector General of the Intelligence Community
SEC. 321. SUBMITTAL OF COMPLAINTS AND INFORMATION BY
WHISTLEBLOWERS IN THE INTELLIGENCE COMMUNITY TO
CONGRESS.
(a) Amendments to Inspector General Act of 1978.--
(1) Appointment of security officers.--Section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(A) by redesignating subsection (h) as subsection (i); and
(B) by inserting after subsection (g) the following:
``(h) Appointment of Security Officers.--Each Inspector
General under this section, including the designees of the
Inspector General of the Department of Defense pursuant to
subsection (a)(3), shall appoint within their offices
security officers to provide, on a permanent basis,
confidential, security-related guidance and direction to an
employee of their respective establishment, an employee
assigned or detailed to such establishment, or an employee of
a contractor of such establishment who intends to report to
Congress a complaint or information, so that such employee
can obtain direction on how to report to Congress in
accordance with appropriate security practices.''.
(2) Procedures.--Subsection (d) of such section is
amended--
(A) in paragraph (1), by inserting ``or any other committee
of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the intelligence
committees'';
(B) by amending paragraph (2) to read as follows:
``(2)(A) Except as provided in subparagraph (B), the
employee may contact an intelligence committee or another
committee of jurisdiction directly as described in paragraph
(1) of this subsection or in subsection (a)(4) only if the
employee--
``(i) before making such a contact, furnishes to the head
of the establishment, through the Inspector General (or
designee), a statement of the employee's complaint or
information and notice of the employee's intent to contact an
intelligence committee or another committee of jurisdiction
of the Senate or the House of Representatives directly; and
``(ii)(I) obtains and follows from the head of the
establishment, through the Inspector General (or designee),
procedural direction on how to contact an intelligence
committee or another committee of jurisdiction of the Senate
or the House of Representatives in accordance with
appropriate security practices; or
``(II) obtains and follows such procedural direction from
the applicable security officer appointed under subsection
(h).
``(B) If an employee seeks procedural direction under
subparagraph (A)(ii) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact an intelligence committee or any other
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following the
procedural direction otherwise required under such
subparagraph.''; and
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following:
``(3) An employee of an element of the intelligence
community who intends to report to Congress a complaint or
information may report such complaint or information to the
Chairman and Vice Chairman or Chairman and Ranking Member of
an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives, a
nonpartisan member of the committee staff designated for
purposes of receiving complaints or information under this
section, or a member of the majority staff and a member of
the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subsection (a) of such section is amended by
adding at the end the following:
``(4) Subject to paragraphs (2) and (3) of subsection (d),
an employee of an element of the intelligence community who
intends to report to Congress a complaint or information may
report such complaint or information directly to Congress,
regardless of whether the complaint or information is with
respect to an urgent concern--
``(A) in lieu of reporting such complaint or information
under paragraph (1); or
``(B) in addition to reporting such complaint or
information under paragraph (1).''.
(b) Amendments to National Security Act of 1947.--
(1) Appointment of security officers.--Section 103H(j) of
the National Security Act of 1947 (50 U.S.C. 3033(j)) is
amended by adding at the end the following:
``(5) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
subsection (h) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.).''.
(2) Procedures.--Subparagraph (D) of section 103H(k)(5) of
such Act (50 U.S.C. 3033(k)(5)) is amended--
(A) in clause (i), by inserting ``or any other committee of
jurisdiction of the Senate or the House of Representatives''
after ``either or both of the congressional intelligence
committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact a congressional intelligence committee or another
committee of jurisdiction directly as described in clause (i)
only if the employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact a congressional intelligence
committee or another committee of jurisdiction of the Senate
or the House of Representatives directly; and
``(bb)(AA) obtains and follows from the Director, through
the Inspector General, procedural direction on how to contact
a congressional intelligence committee or another committee
of jurisdiction of the Senate or the House of Representatives
in accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 8H(h)
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact a congressional intelligence committee
or any other committee of jurisdiction of the Senate or the
House of Representatives directly without obtaining or
following the procedural direction otherwise required under
such subclause.'';
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of an element of the intelligence
community who intends to report to Congress a complaint or
information may report such complaint or information to the
Chairman and Vice Chairman or Chairman and Ranking Member of
a congressional intelligence committee or another committee
of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or
information under this section, or a member of the majority
staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of''; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of an element of the intelligence community
who intends to report to Congress a complaint or information
may report such complaint or information directly to
Congress, regardless of whether the complaint or information
is with respect to an urgent concern--
``(A) in lieu of reporting such complaint or information
under clause (i); or
``(B) in addition to reporting such complaint or
information under clause (i).''.
(c) Amendments to the Central Intelligence Agency Act of
1949.--
(1) Appointment of security officers.--Section 17(d)(5) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)) is amended by adding at the end the following:
``(I) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
subsection (h) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.).''.
(2) Procedures.--Subparagraph (D) of such section is
amended--
(A) in clause (i), by inserting ``or any other committee of
jurisdiction of the Senate or the House of Representatives''
after ``either or both of the intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact an intelligence committee or another committee of
jurisdiction directly as described in clause (i) only if the
employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact an intelligence
[[Page S8134]]
committee or another committee of jurisdiction of the Senate
or the House of Representatives directly; and
``(bb)(AA) obtains and follows from the Director, through
the Inspector General, procedural direction on how to contact
an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives in
accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 8H(h)
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact an intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following the
procedural direction otherwise required under such
subclause.'';
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of the Agency who intends to report to
Congress a complaint or information may report such complaint
or information to the Chairman and Vice Chairman or Chairman
and Ranking Member of an intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or
information under this section, or a member of the majority
staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of''; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of the Agency who intends to report to
Congress a complaint or information may report such complaint
or information directly to Congress, regardless of whether
the complaint or information is with respect to an urgent
concern--
``(A) in lieu of reporting such complaint or information
under clause (i); or
``(B) in addition to reporting such complaint or
information under clause (i).''.
(d) Rule of Construction.--Nothing in this section or an
amendment made by this section shall be construed to revoke
or diminish any right of an individual provided by section
2303 of title 5, United States Code.
SEC. 322. DEFINITIONS AND AUTHORITIES REGARDING WHISTLEBLOWER
COMPLAINTS AND INFORMATION OF URGENT CONCERN
RECEIVED BY INSPECTORS GENERAL OF THE
INTELLIGENCE COMMUNITY.
(a) Definition of Urgent Concern.--
(1) National security act of 1947.--Section
103H(k)(5)(G)(i) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)(G)(i)) is amended by striking ``within
the'' and all that follows through ``policy matters.'' and
inserting the following: ``of the Federal Government that
is--
``(I) a matter of national security; and
``(II) not a difference of opinion concerning public policy
matters.''.
(2) Inspector general act of 1978.--Paragraph (1)(A) of
subsection (i) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.), as redesignated by section
321(a)(1)(A), is amended by striking ``involving'' and all
that follows through ``policy matters.'' and inserting the
following: ``of the Federal Government that is--
``(i) a matter of national security; and
``(ii) not a difference of opinion concerning public policy
matters.''.
(3) Central intelligence agency act of 1949.--Section
17(d)(5)(G)(i)(I) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3517(d)(5)(G)(i)(I)) is amended by striking
``involving'' and all that follows through ``policy
matters.'' and inserting the following: ``of the Federal
Government that is--
``(aa) a matter of national security; and
``(bb) not a difference of opinion concerning public policy
matters.''.
(b) Authority of Inspectors General.--
(1) Scope of authority of inspector general of the
intelligence community.--Section 103H(k)(5) of the National
Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended by
adding at the end the following:
``(J) The Inspector General shall have authority over any
complaint or information submitted to the Inspector General
from an employee, detailee, or contractor, or former
employee, detailee, or contractor, of the intelligence
community.''.
(2) Authority of inspector general of the intelligence
community to determine matters of urgent concern.--Section
103H(k)(5)(G) of such Act (50 U.S.C. 3033(k)(5)(G)) is
amended--
(A) in clause (i), as amended by subsection (a)(1), by
resdesignating subclauses (I) and (II) as items (aa) and
(bb), respectively;
(B) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively;
(C) in the matter before subclause (I), as redesignated by
subparagraph (B), by inserting ``(i)'' before ``In this'';
and
(D) by adding at the end the following:
``(ii) The Inspector General shall have sole authority to
determine whether any complaint or information reported to
the Inspector General is a matter of urgent concern under
this paragraph.''.
(3) Authority of inspectors general to determine matters of
urgent concern.--Subsection (i) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.), as
redesignated by section 321(a)(1)(A), is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), as amended by subsection (a)(2),
by redesignating clauses (i) and (ii) as subclauses (I) and
(II), respectively; and
(ii) by redesignating paragraphs (A), (B), and (C) and
clauses (i), (ii), and (iii), respectively;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(C) in the matter before subparagraph (A), as redesignated
by subparagraph (B), by inserting ``(1)'' before ``In this'';
and
(D) by adding at the end the following:
``(2) The Inspector General shall have sole authority to
determine whether any complaint or information reported to
the Inspector General is a matter of urgent concern under
this section.''.
(4) Authority of inspector general of central intelligence
agency to determine matters of urgent concern.--Section
17(d)(5)(G) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)(G)) is amended--
(A) in clause (i)--
(i) in subclause (I), as amended by subsection (a)(3), by
redesignating items (aa) and (bb) as subitems (AA) and (BB),
respectively; and
(ii) by redesignating subclauses (I), (II), and (III) as
items (aa), (bb), and (cc), respectively;
(B) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively; and
(C) in the matter before clause (I), as redesignated by
subparagraph (B), by inserting ``(i)'' before ``In this'';
and
(D) by adding at the end the following:
``(ii) The Inspector General shall have sole authority to
determine whether any complaint or information reported to
the Inspector General is a matter of urgent concern under
this paragraph.''.
SEC. 323. HARMONIZATION OF WHISTLEBLOWER PROTECTIONS.
(a) Prohibited Personnel Practices in the Intelligence
Community.--
(1) Threats relating to personnel actions.--
(A) Agency employees.--Section 1104(b) of the National
Security Act of 1947 (50 U.S.C. 3234(b)) is amended, in the
matter preceding paragraph (1), by inserting ``, or threaten
to take or fail to take,'' after ``take or fail to take''.
(B) Contractor employees.--Section 1104(c)(1) of such Act
(50 U.S.C. 3234(c)(1)) is amended, in the matter preceding
subparagraph (A), by inserting ``, or threaten to take or
fail to take,'' after ``take or fail to take''.
(2) Protection for contractor employees against reprisal
from agency employees.--Section 1104(c)(1) of such Act (50
U.S.C. 3234(c)(1)), as amended by paragraph (1)(B) of this
subsection, is further amended, in the matter preceding
subparagraph (A), by inserting ``of an agency or'' after
``Any employee''.
(3) Enforcement.--Subsection (d) of section 1104 of such
Act (50 U.S.C. 3234) is amended to read as follows:
``(d) Enforcement.--The President shall provide for the
enforcement of this section consistent, to the fullest extent
possible, with the policies and procedures used to adjudicate
alleged violations of section 2302(b)(8) of title 5, United
States Code.''.
(b) Retaliatory Revocation of Security Clearances and
Access Determinations.--
(1) Enforcement.--Section 3001(j) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)) is amended--
(A) by redesignating paragraph (8) as paragraph (9); and
(B) by inserting after paragraph (7) the following:
``(8) Enforcement.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement
of this section consistent, to the fullest extent possible,
with the policies and procedures used to adjudicate alleged
violations of section 2302(b)(8) of title 5, United States
Code.''.
(2) Elimination of deadline for appeal of prohibited
reprisal.--Section 3001(j)(4)(A) of such Act (50 U.S.C.
3341(j)(4)(A)) is amended by striking ``within 90 days''.
(3) Elimination of cap on compensatory damages.--Section
3001(j)(4)(B) of such Act (50 U.S.C. 3341(j)(4)(B)) is
amended, in the second sentence, by striking ``not to exceed
$300,000''.
(4) Establishing process parity for adverse security
clearance and access determinations.--Subparagraph (C) of
section 3001(j)(4) of such Act (50 U.S.C. 3341(j)(4)) is
amended to read as follows:
``(C) Burdens of proof.--
``(i) In general.--Subject to clause (iii), in determining
whether the adverse security clearance or access
determination violated paragraph (1), the agency shall find
that paragraph (1) was violated if the individual has
demonstrated that a disclosure described in paragraph (1) was
a contributing factor in the adverse security clearance or
access determination taken against the individual.
``(ii) Circumstantial evidence.--An individual under clause
(i) may demonstrate that the disclosure was a contributing
factor in
[[Page S8135]]
the adverse security clearance or access determination taken
against the individual through circumstantial evidence, such
as evidence that--
``(I) the official making the determination knew of the
disclosure; and
``(II) the determination occurred within a period such that
a reasonable person could conclude that the disclosure was a
contributing factor in the determination.
``(iii) Defense.--In determining whether the adverse
security clearance or access determination violated paragraph
(1), the agency shall not find that paragraph (1) was
violated if, after a finding that a disclosure was a
contributing factor, the agency demonstrates by clear and
convincing evidence that it would have made the same security
clearance or access determination in the absence of such
disclosure.''.
(c) Correction of Definition of Agency.--Section
3001(a)(1)(B) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(a)(1)(B)) is amended
by striking ``and'' and inserting ``or''.
(d) Establishing Consistency With Respect to Protections
for Disclosures of Mismanagement.--
(1) Security clearance and access determinations.--Section
3001(j)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(1)) is amended--
(A) in subparagraph (A)(ii), by striking ``gross
mismanagement'' and inserting ``mismanagement''; and
(B) in subparagraph (B)(ii), by striking ``gross
mismanagement'' and inserting ``mismanagement''.
(2) Personnel actions against contractor employees.--
Section 1104(c)(1)(B) of the National Security Act of 1947
(50 U.S.C. 3234(c)(1)(B)) is amended by striking ``gross
mismanagement'' and inserting ``mismanagement''.
(e) Protected Disclosures to Supervisors.--
(1) Personnel actions.--
(A) Disclosures by agency employees to supervisors.--
Section 1104(b) of the National Security Act of 1947 (50
U.S.C. 3234(b)), as amended by subsection (a)(1)(A), is
further amended, in the matter preceding paragraph (1), by
inserting ``a supervisor in the employee's direct chain of
command, or a supervisor of the employing agency with
responsibility for the subject matter of the disclosure, up
to and including'' before ``the head of the employing
agency''.
(B) Disclosures by contractor employees to supervisors.--
Section 1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)), as
amended by subsection (a), is further amended, in the matter
preceding subparagraph (A), by inserting ``a supervisor in
the contractor employee's direct chain of command up to and
including'' before ``the head of the contracting agency''.
(2) Security clearance and access determinations.--Section
3001(j)(1)(A) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amended,
in the matter preceding clause (i), by inserting ``a
supervisor in the employee's direct chain of command, or a
supervisor of the employing agency with responsibility for
the subject matter of the disclosure, up to and including''
before ``the head of the employing agency''.
(f) Establishing Parity for Protected Disclosures.--Section
1104 of the National Security Act of 1947 (50 U.S.C. 3234) is
amended--
(1) in subsection (b), as amended by subsections (a)(1)(A)
and (e)(1)(A)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the right;
(B) in the matter preceding subparagraph (A), as
redesignated and moved by subparagraph (B) of this paragraph,
by striking ``for a lawful disclosure'' and inserting the
following: ``for--
``(1) any lawful disclosure''; and
(C) by adding at the end the following:
``(2) any lawful disclosure that complies with--
``(A) subsections (a)(1), (d), and (g) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(B) subparagraphs (A), (D), and (H) of section 17(d)(5)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)); or
``(C) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
``(3) if the actions do not result in the employee
unlawfully disclosing information specifically required by
Executive order to be kept classified in the interest of
national defense or the conduct of foreign affairs, any
lawful disclosure in conjunction with--
``(A) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation;
``(B) testimony for or otherwise lawfully assisting any
individual in the exercise of any right referred to in
subparagraph (A); or
``(C) cooperation with or disclosing information to the
Inspector General of an agency, in accordance with applicable
provisions of law in connection with an audit, inspection, or
investigation conducted by the Inspector General.''; and
(2) in subsection (c)(1), as amended by subsections (a) and
(e)(1)(B)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses, as so
redesignated, 2 ems to the right;
(B) in the matter preceding clause (i), as redesignated and
moved by subparagraph (B) of this paragraph, by striking
``for a lawful disclosure'' and inserting the following:
``for--
``(A) any lawful disclosure''; and
(C) by adding at the end the following:
``(B) any lawful disclosure that complies with--
``(i) subsections (a)(1), (d), and (g) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(ii) subparagraphs (A), (D), and (H) of section 17(d)(5)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)); or
``(iii) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
``(C) if the actions do not result in the contractor
employee unlawfully disclosing information specifically
required by Executive order to be kept classified in the
interest of national defense or the conduct of foreign
affairs, any lawful disclosure in conjunction with--
``(i) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation;
``(ii) testimony for or otherwise lawfully assisting any
individual in the exercise of any right referred to in clause
(i); or
``(iii) cooperation with or disclosing information to the
Inspector General of an agency, in accordance with applicable
provisions of law in connection with an audit, inspection, or
investigation conducted by the Inspector General.''.
(g) Clarification Relating to Protected Disclosures.--
Section 1104 of the National Security Act of 1947 (50 U.S.C.
3234) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Rule of Construction.--Consistent with the protection
of sources and methods, nothing in subsection (b) or (c)
shall be construed to authorize--
``(1) the withholding of information from Congress; or
``(2) the taking of any personnel action against an
employee who lawfully discloses information to Congress.
``(e) Disclosures.--A disclosure shall not be excluded from
this section because--
``(1) the disclosure was made to an individual, including a
supervisor, who participated in an activity that the employee
reasonably believed to be covered under subsection (b)(1)(B)
or the contractor employee reasonably believed to be covered
under subsection (c)(1)(A)(ii);
``(2) the disclosure revealed information that had been
previously disclosed;
``(3) the disclosure was not made in writing;
``(4) the disclosure was made while the employee was off
duty;
``(5) of the amount of time which has passed since the
occurrence of the events described in the disclosure; or
``(6) the disclosure was made during the normal course of
duties of an employee or contractor employee.''.
(h) Correction Relating to Normal Course Disclosures.--
Section 3001(j)(3) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(3)) is amended--
(1) by striking ``Disclosures.--'' and all that follows
through ``because--'' and inserting ``Disclosures.--A
disclosure shall not be excluded from paragraph (1) because--
'';
(2) by striking subparagraph (B);
(3) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the left;
(4) in subparagraph (D), as so redesignated, by striking
``or'' at the end;
(5) in subparagraph (E), as redesignated by paragraph (3),
by striking the period at the end and inserting ``; or''; and
(6) by adding at the end the following:
``(F) the disclosure was made during the normal course of
duties of an employee.''.
(i) Clarification Relating to Rule of Construction.--
Section 3001(j)(2) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(2)) is amended by
inserting ``or clearance action'' after ``personnel action''.
(j) Clarification Relating to Prohibited Practices.--
(1) Intelligence reform and terrorism prevention act of
2004.--Section 3001(j)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)), as
amended by this section, is further amended by striking
``over'' and inserting ``to take, materially impact, direct
others to take, recommend, or approve''.
(2) National security act of 1947.--
(A) Agency employees.--Section 1104(b) of the National
Security Act of 1947 (50 U.S.C. 3234(b)), as amended by this
section, is further amended by inserting ``materially
impact,'' after ``authority to take,''
(B) Contractor employees.--Section 1104(c)(1) of such Act
(50 U.S.C. 3234(c)(1)), as amended by this section, is
further amended by inserting ``materially impact,'' after
``authority to take,''.
(k) Technical Correction.--Section 3001(j)(1)(C)(i) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)(C)(i)) is amended by striking ``(h)'' and
inserting ``(g)''.
(l) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of
the Intelligence Community shall submit to the congressional
intelligence committees a report assessing the extent to
which protections
[[Page S8136]]
provided under Presidential Policy Directive 19 (relating to
protecting whistleblowers with access to classified
information) have been codified in statutes.
SEC. 324. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER
IDENTITY AS REPRISAL AGAINST WHISTLEBLOWER
DISCLOSURE BY EMPLOYEES AND CONTRACTORS IN
INTELLIGENCE COMMUNITY.
(a) In General.--Section 1104 of the National Security Act
of 1947 (50 U.S.C. 3234) is amended--
(1) in subsection (a)(3) of such section--
(A) in subparagraph (I), by striking ``; or'' and inserting
a semicolon;
(B) by redesignating subparagraph (J) as subparagraph (K);
and
(C) by inserting after subparagraph (I) the following:
``(J) a knowing and willful disclosure revealing the
identity or other personally identifiable information of an
employee or contractor employee; or'';
(2) by redesignating subsections (f) and (g), as
redesignated by section 323(g)(1), as subsections (g) and
(h), respectively; and
(3) by inserting after subsection (e), as added by section
323(g)(2), the following:
``(f) Personnel Actions Involving Disclosures of
Whistleblower Identity.--A personnel action described in
subsection (a)(3)(J) shall not be considered in violation of
subsection (b) or (c) under the following circumstances:
``(1) The personnel action was taken with the express
consent of the employee or contractor employee.
``(2) An Inspector General with oversight responsibility
for a covered intelligence community element determines
that--
``(A) the personnel action was unavoidable under section
103H(g)(3)(A) of this Act (50 U.S.C. 3033(g)(3)(A)), section
17(e)(3)(A) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(e)(3)(A)), or section 8M(b)(2)(B) of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(B) the personnel action was made to an official of the
Department of Justice responsible for determining whether a
prosecution should be undertaken; or
``(C) the personnel action was required by statute or an
order from a court of competent jurisdiction.''.
(b) Applicability to Detailees.--Subsection (a) of section
1104 of such Act (50 U.S.C. 3234) is amended by adding at the
end the following:
``(5) Employee.--The term `employee', with respect to an
agency or a covered intelligence community element, includes
an individual who has been detailed to such agency or covered
intelligence community element.''.
(c) Private Right of Action for Unlawful Disclosure of
Whistleblower Identity.--Subsection (g) of such section, as
amended by subsection (a)(3) of section 323(a)(3),
redesignated by subsection (g)(1) of such section, and
further redesignated by subsection (a)(2) of this section, is
amended to read as follows:
``(g) Enforcement.--
``(1) In general.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement
of this section.
``(2) Harmonization with other enforcement.--To the fullest
extent possible, the President shall provide for enforcement
of this section in a manner that is consistent with the
enforcement of section 2302(b)(8) of title 5, United States
Code, especially with respect to policies and procedures used
to adjudicate alleged violations of such section.
``(3) Private right of action for disclosures of
whistleblower identity in violation of prohibition against
reprisals.--Subject to paragraph (4), in a case in which an
employee of an agency takes a personnel action described in
subsection (a)(3)(J) against an employee of a covered
intelligence community element as a reprisal in violation of
subsection (b) or in a case in which an employee or
contractor employee takes a personnel action described in
subsection (a)(3)(J) against another contractor employee as a
reprisal in violation of subsection (c), the employee or
contractor employee against whom the personnel action was
taken may, consistent with section 1221 of title 5, United
States Code, bring a private action for all appropriate
remedies, including injunctive relief and compensatory and
punitive damages, in an amount not to exceed $250,000,
against the agency of the employee or contracting agency of
the contractor employee who took the personnel action, in a
Federal district court of competent jurisdiction.
``(4) Requirements.--
``(A) Review by inspector general and by external review
panel.--Before the employee or contractor employee may bring
a private action under paragraph (3), the employee or
contractor employee shall exhaust administrative remedies
by--
``(i) first, obtaining a disposition of their claim by
requesting review of the appropriate inspector general; and
``(ii) second, submitting to the Inspector General of the
Intelligence Community a request for a review of the claim by
an external review panel under section 1106.
``(B) Period to bring action.--The employee or contractor
employee may bring a private right of action under paragraph
(3) during the 180-day period beginning on the date on which
the employee or contractor employee is notified of the final
disposition of their claim under section 1106.''.
SEC. 325. CONGRESSIONAL OVERSIGHT OF CONTROLLED ACCESS
PROGRAMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Appropriations of the Senate; and
(C) the Committee on Appropriations of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) Controlled access program.--The term ``controlled
access program'' means a program created or managed pursuant
to Intelligence Community Directive 906, or successor
directive.
(b) Periodic Briefings Required.--
(1) In general.--Not less frequently than semiannually or
upon request by one of the appropriate committees of Congress
or a member of congressional leadership, the Director of
National Intelligence shall provide the appropriate
committees of Congress and congressional leadership a
briefing on each controlled access program in effect.
(2) Contents.--Each briefing provided under paragraph (1)
shall include, at a minimum, the following:
(A) A description of the activity of the controlled access
programs during the period covered by the briefing.
(B) Documentation with respect to how the controlled access
programs have achieved outcomes consistent with requirements
documented by the Director and, as applicable, the Secretary
of Defense.
(c) Limitations.--
(1) Limitation on establishment.--A head of an element of
the intelligence community may not establish a controlled
access program, or a compartment or subpcompartment therein,
until the head notifies the appropriate committees of
Congress and congressional leadership of such controlled
access program, compartment, or subcompartment, as the case
may be.
(2) Limitation on use of funds.--No funds may be obligated
or expended by an element of the intelligence community to
carry out a controlled access program, or a compartment or
subcompartment therein, until the head of that element has
briefed the appropriate committees of Congress and
congressional leadership on the controlled access program.
(d) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, each head of an element of the
intelligence community shall provide to the appropriate
committees of Congress and congressional leadership a report
on all controlled access programs of the element in effect.
(B) Matters addressed.--Each report under subparagraph (A)
shall address, for each controlled access program covered by
the report, the following:
(i) Date of initial operational capability.
(ii) Rationale.
(iii) Annual level of funding.
(iv) Current operational use.
(2) Annual reports.--
(A) Requirement.--On an annual basis, the head of each
element of the intelligence community shall submit to the
appropriate committees of Congress and congressional
leadership a report on controlled access programs
administered by the head.
(B) Matters included.--Each report submitted under
paragraph (1) shall include, with respect to the period
covered by the report, the following:
(i) A list of all compartments and subcompartments of
controlled access programs active as of the date of the
report.
(ii) A list of all compartments and subcompartments of
controlled access programs terminated during the period
covered by the report.
(iii) With respect to the report submitted by the Director
of National Intelligence, in addition to the matters
specified in subparagraphs (A) and (B)--
(I) a certification regarding whether the creation,
validation, or substantial modification, including
termination, for all existing and proposed controlled access
programs, and the compartments and subcompartments within
each, are substantiated and justified based on the
information required by clause (ii); and
(II) for each certification--
(aa) the rationale for the revalidation, validation, or
substantial modification, including termination, of each
controlled access program, compartment, and subcompartment;
(bb) the identification of a control officer for each
controlled access program; and
(cc) a statement of protection requirements for each
controlled access program.
(e) Conforming Repeal.--Section 608 of the Intelligence
Authorization Act for Fiscal Year 2017 (division N of Public
Law 115-31; 131 Stat. 833; 50 U.S.C. 3315) is amended by
striking subsection (b).
Subtitle C--Reports and Assessments Pertaining to the Intelligence
Community
SEC. 331. REPORT ON EFFORTS TO BUILD AN INTEGRATED HYBRID
SPACE ARCHITECTURE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term
[[Page S8137]]
``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and annually for 2 years
thereafter, the Director of National Intelligence, in
coordination with the Under Secretary of Defense for
Intelligence and Security and the Director of the National
Reconnaissance Office, shall submit to the appropriate
committees of Congress a report on the efforts of the
intelligence community to build an integrated hybrid space
architecture that combines national and commercial
capabilities and large and small satellites.
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) An assessment of how the integrated hybrid space
architecture approach is being realized in the overhead
architecture of the National Reconnaissance Office.
(2) An assessment of the benefits to the mission of the
National Reconnaissance Office and the cost of integrating
capabilities from smaller, proliferated satellites and data
from commercial satellites with the national technical means
architecture.
SEC. 332. REPORT ON PROJECT MAVEN TRANSITION.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of the
National Geospatial-Intelligence Agency, in consultation with
such other Federal Government entities as the Director
considers appropriate, shall submit to the appropriate
committees of Congress a report on the transition of Project
Maven to operational mission support.
(c) Plan of Action and Milestones.--The report required by
subsection (b) shall include a detailed plan of action and
milestones that identifies--
(1) the milestones and decision points leading up to the
transition of successful geospatial intelligence capabilities
developed under Project Maven to the National Geospatial-
Intelligence Agency; and
(2) the metrics of success regarding the transition
described in paragraph (1) and mission support provided to
the National Geospatial-Intelligence Agency for each of
fiscal years 2022 and 2023.
(d) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 333. ASSESSMENT OF INTELLIGENCE COMMUNITY
COUNTERNARCOTICS CAPABILITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Assessment Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence shall, in consultation with such other Federal
Government entities as the Director considers appropriate,
submit to the appropriate committees of Congress an
assessment on the status of the intelligence community's--
(1) counternarcotics capabilities and resourcing with
regard to intelligence collection and analysis;
(2) operational support to foreign liaison partners; and
(3) operational capacity to support the counternarcotics
mission of the Federal Government.
(c) Form.--The assessment required by subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 334. ASSESSMENT OF INTELLIGENCE COMMUNITY'S
INTELLIGENCE-SHARING RELATIONSHIPS WITH LATIN
AMERICAN PARTNERS IN COUNTERNARCOTICS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on the Judiciary of the Senate; and
(3) the Committee on the Judiciary of the House of
Representatives.
(b) Assessment Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence shall, in consultation with such other Federal
Government entities as the Director considers appropriate,
submit to the appropriate committees of Congress an
assessment on the intelligence-sharing relationships of the
intelligence community with foreign partners in Latin America
on counternarcotics matters.
(c) Form.--The assessment required by subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 335. REPORT ON UNITED STATES SOUTHERN COMMAND
INTELLIGENCE CAPABILITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of the
Defense Intelligence Agency, in consultation with such other
Federal Government entities as the Director considers
relevant, shall submit to the appropriate committees of
Congress a report detailing the status of United States
Southern Command's intelligence collection, analysis, and
operational capabilities to support Latin America-based
missions.
(c) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 336. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON TRENDS
IN TECHNOLOGIES OF STRATEGIC IMPORTANCE TO
UNITED STATES.
(a) In General.--Not less frequently than once every 2
years until the date that is 4 years after the date of the
enactment of this Act, the Director of National Intelligence
shall, in consultation with the Secretary of Commerce and the
Director of the Office of Science and Technology Policy,
submit to Congress a report assessing commercial and foreign
trends in technologies the Director considers of strategic
importance to the national and economic security of the
United States.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) A list of the top technology focus areas that the
Director considers to be of the most strategic importance to
the United States.
(2) A list of the top technology focus areas in which
countries that are adversarial to the United States are
poised to match or surpass the technological leadership of
the United States.
(c) Form.--Each report submitted under subsection (a) may
take the form of a National Intelligence Estimate and shall
be submitted in classified form, but may include an
unclassified summary.
SEC. 337. REPORT ON NORD STREAM II COMPANIES AND INTELLIGENCE
TIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate;
and
(3) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Financial Services, the
Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 30 days after the date
of the enactment of this Act, the Director of National
Intelligence, in consultation with other appropriate Federal
Government entities, shall submit to the appropriate
committees of Congress a report on Nord Stream II efforts,
including:
(1) an unclassified list of all companies supporting the
Nord Stream II project; and
(2) an updated assessment of current or former ties between
Nord Stream's Chief Executive Officer and Russian, East
German, or other hostile intelligence agencies.
(c) Form.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 338. ASSESSMENT OF ORGANIZATION OF DEFENSIVE INNOVATION
AND RESEARCH ACTIVITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) Assessment Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with other appropriate Federal
Government entities, shall submit to the appropriate
committees of Congress an assessment of the activities and
objectives of the Organization of Defensive Innovation and
Research (SPND). This assessment shall include information
about the composition of the organization, the relationship
of its personnel to any research on
[[Page S8138]]
weapons of mass destruction, and any sources of financial and
material support that such organization receives, including
from the Government of Iran.
(c) Form.--The assessment required under subsection (b)
shall be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 339. REPORT ON INTELLIGENCE COMMUNITY SUPPORT TO VISAS
MANTIS PROGRAM.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
the Judiciary, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Appropriations of the Senate;
and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, the Committee on Financial Services, and the
Committee on Appropriations of the House of Representatives.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the head of any other
appropriate Government entity, shall submit to the
appropriate committees of Congress a report on intelligence
matters relating to the Visas Mantis program, including
efforts by--
(A) the intelligence community to provide and plan for
effective intelligence support to such program; and
(B) hostile intelligence services to exploit such program
or any other program by which visas for admission to the
United States are issued.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex, as necessary.
SEC. 340. PLAN FOR ARTIFICIAL INTELLIGENCE DIGITAL ECOSYSTEM.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Director of National
Intelligence shall--
(1) develop a plan for the development and resourcing of a
modern digital ecosystem that embraces state-of-the-art tools
and modern processes to enable development, testing,
fielding, and continuous updating of artificial intelligence-
powered applications at speed and scale from headquarters to
the tactical edge; and
(2) submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives the plan developed under
paragraph (1).
(b) Contents of Plan.--At a minimum, the plan required by
subsection (a) shall include the following:
(1) A roadmap for adopting a hoteling model to allow
trusted small- and medium-sized artificial intelligence
companies access to classified facilities on a flexible
basis.
(2) An open architecture and an evolving reference design
and guidance for needed technical investments in the proposed
ecosystem that address issues, including common interfaces,
authentication, applications, platforms, software, hardware,
and data infrastructure.
(3) A governance structure, together with associated
policies and guidance, to drive the implementation of the
reference throughout the intelligence community on a
federated basis.
(4) Recommendations to ensure that use of artificial
intelligence and associated data in Federal Government
operations comport with rights relating to freedom of
expression, equal protection, privacy, and due process.
(c) Form.--The plan submitted under subsection (a)(2) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 341. STUDY ON UTILITY OF EXPANDED PERSONNEL MANAGEMENT
AUTHORITY.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
(b) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence and Security and the Director of National
Intelligence shall jointly submit to the appropriate
committees of Congress a study on the utility of providing
elements of the intelligence community of the Department of
Defense, other than the National Geospatial-Intelligence
Agency, personnel management authority to attract experts in
science and engineering under section 1599h of title 10,
United States Code.
SEC. 342. ASSESSMENT OF ROLE OF FOREIGN GROUPS IN DOMESTIC
VIOLENT EXTREMISM.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives.
(b) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall--
(1) complete an assessment to identify the role of foreign
groups, including entities, adversaries, governments, or
other groups, in domestic violent extremist activities in the
United States; and
(2) submit to the appropriate committees of Congress the
findings of the Director with respect to the assessment
completed under paragraph (1).
(c) Form.--The findings submitted under subsection (b)(2)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 343. REPORT ON THE ASSESSMENT OF ALL-SOURCE CYBER
INTELLIGENCE INFORMATION, WITH AN EMPHASIS ON
SUPPLY CHAIN RISKS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the potential to strengthen all-source
intelligence integration relating to foreign cyber threats,
with an emphasis on cyber supply chain risks.
(b) Contents.--The report required under subsection (a)
shall include the following:
(1) An assessment of the effectiveness of the all-source
cyber intelligence integration capabilities of the Office of
the Director of National Intelligence and recommendations for
such changes as the Director considers necessary to
strengthen those capabilities.
(2) An assessment of the effectiveness of the Office of the
Director of National Intelligence in analyzing and reporting
on cyber supply chain risks, including efforts undertaken by
the National Counterintelligence and Security Center.
(3) Mitigation plans for any gaps or deficiencies
identified in the assessments included under paragraphs (1)
and (2).
SEC. 344. SUPPORT FOR AND OVERSIGHT OF UNIDENTIFIED AERIAL
PHENOMENA TASK FORCE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' includes:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Commerce, Science, and Transportation
of the Senate.
(D) The Committee on Armed Services of the House of
Representatives.
(E) The Committee on Transportation and Infrastructure of
the House of Representatives.
(F) The Committee on Science, Space, and Technology of the
House of Representatives.
(2) Unidentified aerial phenomena task force.--The term
``Unidentified Aerial Phenomena Task Force'' means the task
force established by the Department of Defense on August 4,
2020, to be led by the Department of the Navy, under the
Office of the Under Secretary of Defense for Intelligence and
Security.
(b) Availability of Data on Unidentified Aerial
Phenomena.--The Director of National Intelligence and the
Secretary of Defense shall each, in coordination with each
other, require each element of the intelligence community and
the Department of Defense with data relating to unidentified
aerial phenomena to make such data available immediately to
the Unidentified Aerial Phenomena Task Force and to the
National Air and Space Intelligence Center.
(c) Quarterly Reports to Congress.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and not less frequently than
quarterly thereafter, the Unidentified Aerial Phenomena Task
Force, or such other entity as the Deputy Secretary of
Defense may designate to be responsible for matters relating
to unidentified aerial phenomena, shall submit to the
appropriate committees of Congress quarterly reports on the
findings of the Unidentified Aerial Phenomena Task Force, or
such other designated entity as the case may be.
(2) Contents.--Each report submitted under paragraph (1)
shall include, at a minimum, the following:
(A) All reported unidentified aerial phenomena-related
events that occurred during the previous 90 days.
(B) All reported unidentified aerial phenomena-related
events that occurred during a time period other than the
previous 90 days but were not included in an earlier report.
(3) Form.--Each report submitted under paragraph (1) shall
be submitted in classified form.
SEC. 345. PUBLICATION OF UNCLASSIFIED APPENDICES FROM REPORTS
ON INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS.
Section 6720(c) of the National Defense Authorization Act
for Fiscal Year 2020 (50 U.S.C. 3316a(c)) is amended by
adding at the end the following:
``(4) Publication.--The Director of National Intelligence
shall make available to the public each unclassified appendix
submitted with a report under paragraph (1) pursuant to
paragraph (2).''.
SEC. 346. REPORT ON FUTURE STRUCTURE AND RESPONSIBILITIES OF
FOREIGN MALIGN INFLUENCE CENTER.
(a) Assessment and Report Required.--Not later than one
year after the date of the
[[Page S8139]]
enactment of this Act, the Director of National Intelligence
shall--
(1) conduct an assessment as to the future structure and
responsibilities of the Foreign Malign Influence Center; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to the
assessment conducted under paragraph (1).
(b) Elements.--The assessment conducted under subsection
(a)(1) shall include an assessment of whether--
(1) the Director of the Foreign Malign Influence Center
should continue to report directly to the Director of
National Intelligence; or
(2) the Foreign Malign Influence Center should become an
element of the National Counterintelligence and Security
Center and the Director of the Foreign Malign Influence
Center should report to the Director of the National
Counterintelligence and Security Center.
Subtitle D--People's Republic of China
SEC. 351. ASSESSMENT OF POSTURE AND CAPABILITIES OF
INTELLIGENCE COMMUNITY WITH RESPECT TO ACTIONS
OF THE PEOPLE'S REPUBLIC OF CHINA TARGETING
TAIWAN.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence and the Director of the Central Intelligence
Agency shall jointly--
(1) complete an assessment to identify whether the posture
and capabilities of the intelligence community are adequate
to provide--
(A) sufficient indications and warnings regarding actions
of the People's Republic of China targeting Taiwan; and
(B) policymakers with sufficient lead time to respond to
actions described in subparagraph (A); and
(2) submit to the appropriate committees of Congress the
findings of the assessment completed under paragraph (1).
(c) Form.--The findings submitted under subsection (b)(2)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 352. PLAN TO COOPERATE WITH INTELLIGENCE AGENCIES OF KEY
DEMOCRATIC COUNTRIES REGARDING TECHNOLOGICAL
COMPETITION WITH PEOPLE'S REPUBLIC OF CHINA.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(b) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a plan to increase cooperation with the intelligence
agencies of key democratic countries and key partners and
allies of the United States in order to track and analyze the
following:
(1) Technology capabilities and gaps among allied and
partner countries of the United States.
(2) Current capabilities of the People's Republic of China
in critical technologies and components.
(3) The efforts of the People's Republic of China to buy
startups, conduct joint ventures, and invest in specific
technologies globally.
(4) The technology development of the People's Republic of
China in key technology sectors.
(5) The efforts of the People's Republic of China relating
to standard-setting forums.
(6) Supply chain vulnerabilities for key technology
sectors.
SEC. 353. ASSESSMENT OF PEOPLE'S REPUBLIC OF CHINA GENOMIC
COLLECTION.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Health, Education, Labor, and Pensions, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Foreign Relations of the Senate; and
(3) the Committee on Armed Services, the Committee on
Homeland Security, the Committee on Labor and Education, the
Committee on Financial Services, and the Committee on Foreign
Affairs of the House of Representatives.
(b) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with other appropriate Federal
Government entities, shall submit to the appropriate
committees of Congress an assessment of the People's Republic
of China's plans, intentions, capabilities, and resources
devoted to biotechnology, and the objectives underlying those
activities. The assessment shall include--
(1) a detailed analysis of efforts undertaken by the
People's Republic of China (PRC) to acquire foreign-origin
biotechnology, research and development, and genetic
information, including technology owned by United States
companies, research by United States institutions, and the
genetic information of United States citizens;
(2) identification of PRC-based organizations conducting or
directing these efforts, including information about the ties
between those organizations and the PRC government, the
Chinese Communist Party, or the People's Liberation Army; and
(3) a detailed analysis of the intelligence community
resources devoted to biotechnology, including synthetic
biology and genomic-related issues, and a plan to improve
understanding of these issues and ensure the intelligence
community has the requisite expertise.
(c) Form.--The assessment required under subsection (b)
shall be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 354. UPDATES TO ANNUAL REPORTS ON INFLUENCE OPERATIONS
AND CAMPAIGNS IN THE UNITED STATES BY THE
CHINESE COMMUNIST PARTY.
Section 1107(b) of the National Security Act of 1947 (50
U.S.C. 3237(b)) is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following:
``(9) A listing of all known Chinese talent recruitment
programs operating in the United States as of the date of the
report.''.
SEC. 355. REPORT ON INFLUENCE OF PEOPLE'S REPUBLIC OF CHINA
THROUGH BELT AND ROAD INITIATIVE PROJECTS WITH
OTHER COUNTRIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report on recent projects negotiated by the
People's Republic of China with other countries as part of
the Belt and Road Initiative of the People's Republic of
China. Such report shall include information about the types
of such projects, costs of such projects, and the potential
national security implications of such projects.
(c) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 356. STUDY ON THE CREATION OF AN OFFICIAL DIGITAL
CURRENCY BY THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(3) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) In General.--Not later than one year after the date of
the enactment of this Act, the President shall submit to the
appropriate committees of Congress a report on the short-,
medium-, and long-term national security risks associated
with the creation and use of the official digital renminbi of
the People's Republic of China, including--
(1) risks arising from potential surveillance of
transactions;
(2) risks related to security and illicit finance; and
(3) risks related to economic coercion and social control
by the People's Republic of China.
(c) Form of Report.--The report required by subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 357. REPORT ON EFFORTS OF CHINESE COMMUNIST PARTY TO
ERODE FREEDOM AND AUTONOMY IN HONG KONG.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees
[[Page S8140]]
of Congress a report on efforts of the Chinese Communist
Party to stifle political freedoms in Hong Kong, influence or
manipulate the judiciary of Hong Kong, destroy freedom of the
press and speech in Hong Kong, and take actions to otherwise
undermine the democratic processes of Hong Kong.
(c) Contents.--The report submitted under subsection (b)
shall include an assessment of the implications of the
efforts of the Chinese Communist Party described in such
subsection for international business, investors, academic
institutions, and other individuals operating in Hong Kong.
(d) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 358. REPORT ON TARGETING OF RENEWABLE SECTORS BY CHINA.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report assessing the efforts and advancements of
China in the wind power, solar power, and electric vehicle
battery production sectors (or key components of such
sectors).
(c) Contents.--The report submitted under subsection (b)
shall include the following:
(1) An assessment of how China is targeting rare earth
minerals and the effect of such targeting on the sectors
described in subsection (b).
(2) Details of the use by the Chinese Communist Party of
state-sanctioned forced labor schemes, including forced labor
and the transfer of Uyghurs and other ethnic groups, and
other human rights abuses in such sectors.
(d) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
TITLE IV--ANOMALOUS HEALTH INCIDENTS
SEC. 401. DEFINITION OF ANOMALOUS HEALTH INCIDENT.
In this title, the term ``anomalous health incident'' means
an unexplained health event characterized by any of a
collection of symptoms and clinical signs that includes the
sudden onset of perceived loud sound, a sensation of intense
pressure or vibration in the head, possibly with a
directional character, followed by the onset of tinnitus,
hearing loss, acute disequilibrium, unsteady gait, visual
disturbances, and ensuing cognitive dysfunction.
SEC. 402. ASSESSMENT AND REPORT ON INTERAGENCY COMMUNICATION
RELATING TO EFFORTS TO ADDRESS ANOMALOUS HEALTH
INCIDENTS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Assessment and Report Required.--Not later than 180
days after the date of the enactment of this Act, the
Director of National Intelligence shall--
(1) conduct an assessment of how the various elements of
the intelligence community are coordinating or collaborating
with each other and with elements of the Federal Government
that are not part of the intelligence community in their
efforts to address anomalous health incidents; and
(2) submit to the appropriate committees of Congress a
report on the findings of the Director with respect to the
assessment conducted under paragraph (1).
(c) Form.--The report submitted pursuant to subsection
(b)(2) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 403. ADVISORY PANEL ON THE OFFICE OF MEDICAL SERVICES OF
THE CENTRAL INTELLIGENCE AGENCY.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall establish, under the sponsorship of such
entities as the Director considers appropriate, an advisory
panel to assess the capabilities, expertise, and
qualifications of the Office of Medical Services of the
Central Intelligence Agency in relation to the care and
health management of personnel of the intelligence community
who are reporting symptoms consistent with anomalous health
incidents.
(b) Membership.--
(1) In general.--The advisory panel shall be composed of at
least 9 individuals selected by the Director of National
Intelligence from among individuals who are recognized
experts in the medical profession and intelligence community.
(2) Diversity.--In making appointments to the advisory
panel, the Director shall ensure that the members of the
panel reflect diverse experiences in the public and private
sectors.
(c) Duties.--The duties of the advisory panel established
under subsection (a) are as follows:
(1) To review the performance of the Office of Medical
Services of the Central Intelligence Agency, specifically as
it relates to the medical care of personnel of the
intelligence community who are reporting symptoms consistent
with anomalous health incidents during the period beginning
on January 1, 2016, and ending on December 31, 2021.
(2) To assess the policies and procedures that guided
external treatment referral practices for Office of Medical
Services patients who reported symptoms consistent with
anomalous health incidents during the period described in
paragraph (1).
(3) To develop recommendations regarding capabilities,
processes, and policies to improve patient treatment by the
Office of Medical Services with regard to anomalous health
incidents, including with respect to access to external
treatment facilities and specialized medical care.
(4) To prepare and submit a report as required by
subsection (e)(1).
(d) Administrative Matters.--
(1) In general.--The Director of the Central Intelligence
Agency shall provide the advisory panel established pursuant
to subsection (a) with timely access to appropriate
information, data, resources, and analysis so that the
advisory panel may carry out the duties of the advisory panel
under subsection (c).
(2) Inapplicability of faca.--The requirements of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the advisory panel established pursuant to
subsection (a).
(e) Reports.--
(1) Final report.--Not later than 1 year after the date on
which the Director of National Intelligence establishes the
advisory panel pursuant to subsection (a), the advisory panel
shall submit to the Director of National Intelligence, the
Director of the Central Intelligence Agency, and the
congressional intelligence committees a final report on the
activities of the advisory panel under this section.
(2) Elements.--The final report submitted under paragraph
(1) shall contain a detailed statement of the findings and
conclusions of the panel, including--
(A) a history of anomalous health incidents; and
(B) such additional recommendations for legislation or
administrative action as the advisory panel considers
appropriate.
(3) Interim report or briefing.--Not later than 180 days
after the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees a report or provide such committees a
briefing on the interim findings of the advisory panel with
respect to the elements set forth in paragraph (2).
(4) Comments of the director of national intelligence.--Not
later than 30 days after receiving the final report of the
advisory panel under paragraph (1), the Director of National
Intelligence shall submit to the congressional intelligence
committees such comments as the Director may have with
respect to such report.
SEC. 404. JOINT TASK FORCE TO INVESTIGATE ANOMALOUS HEALTH
INCIDENTS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, and the
Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, and the
Committee on Appropriations of the House of Representatives.
(b) Joint Task Force Required.--The Director of National
Intelligence and the Director of the Federal Bureau of
Investigation shall jointly establish a task force to
investigate anomalous health incidents.
(c) Consultation.--In carrying out an investigation under
subsection (b), the task force established under such
subsection shall consult with the Secretary of Defense.
(d) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the task force established under
subsection (b) shall complete the investigation required by
such subsection and submit to the appropriate committees of
Congress a written report on the findings of the task force
with respect to such investigation.
(2) Form.--The report submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 405. REPORTING ON OCCURRENCE OF ANOMALOUS HEALTH
INCIDENTS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Appropriations of the Senate; and
(3) the Committee on Appropriations of the House of
Representatives.
(b) In General.--Whenever the head of an element of the
intelligence community becomes aware of a report of an
anomalous health incident occurring among the employees or
contractors of the element, the head of the element shall
submit to the appropriate committees of Congress a brief
report on the reported incident.
[[Page S8141]]
SEC. 406. ACCESS TO CERTAIN FACILITIES OF UNITED STATES
GOVERNMENT FOR ASSESSMENT OF ANOMALOUS HEALTH
CONDITIONS.
(a) Assessment.--The Director of National Intelligence
shall ensure that elements of the intelligence community
provide to employees of elements of the intelligence
community and their family members who are experiencing
symptoms of anomalous health conditions timely access for
medical assessment to facilities of the United States
Government with expertise in traumatic brain injury.
(b) Process for Assessment and Treatment.--The Director of
National Intelligence shall coordinate with the Secretary of
Defense and the heads of such Federal agencies as the
Director considers appropriate to ensure there is a process
to provide employees and their family members described in
subsection (a) with timely access to the National Intrepid
Center of Excellence, an Intrepid Spirit Center, or an
appropriate military medical treatment facility for
assessment and, if necessary, treatment, by not later than 60
days after the date of the enactment of this Act.
TITLE V--SECURITY CLEARANCES AND TRUSTED WORKFORCE
SEC. 501. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN
SECURITY CLEARANCE PROCEDURES, AND RIGHT TO
APPEAL.
(a) Exclusivity of Procedures.--Section 801 of the National
Security Act of 1947 (50 U.S.C. 3161) is amended by adding at
the end the following:
``(c) Exclusivity.--Except as provided in subsection (b)
and subject to sections 801A and 801B, the procedures
established pursuant to subsection (a) and promulgated and
set forth under part 2001 of title 32, Code of Federal
Regulations, or successor regulations, shall be the exclusive
procedures by which decisions about eligibility for access to
classified information are governed.''.
(b) Transparency.--Such section is further amended by
adding at the end the following:
``(d) Publication.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the President shall--
``(A) publish in the Federal Register the procedures
established pursuant to subsection (a); or
``(B) submit to Congress a certification that the
procedures currently in effect that govern access to
classified information as described in subsection (a)--
``(i) are published in the Federal Register; and
``(ii) comply with the requirements of subsection (a).
``(2) Updates.--Whenever the President makes a revision to
a procedure established pursuant to subsection (a), the
President shall publish such revision in the Federal Register
not later than 30 days before the date on which the revision
becomes effective.''.
(c) Consistency.--
(1) In general.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by inserting after
section 801 the following:
``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED
INFORMATION.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Classified information.--The term `classified
information' includes sensitive compartmented information,
restricted data, restricted handling information, and other
compartmented information.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(b) In General.--Each head of an agency that makes a
determination regarding eligibility for access to classified
information shall ensure that in making the determination,
the head of the agency or any person acting on behalf of the
head of the agency--
``(1) does not violate any right or protection enshrined in
the Constitution of the United States, including rights
articulated in the First, Fifth, and Fourteenth Amendments;
``(2) does not discriminate for or against an individual on
the basis of race, ethnicity, color, religion, sex, national
origin, age, or handicap;
``(3) is not carrying out--
``(A) retaliation for political activities or beliefs; or
``(B) a coercion or reprisal described in section
2302(b)(3) of title 5, United States Code; and
``(4) does not violate section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002) is amended by inserting after the item
relating to section 801 the following:
``Sec. 801A. Decisions relating to access to classified information.''.
(d) Right to Appeal.--
(1) In general.--Such title, as amended by subsection (c),
is further amended by inserting after section 801A the
following:
``SEC. 801B. RIGHT TO APPEAL.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Covered person.--The term `covered person' means a
person, other than the President and Vice President,
currently or formerly employed in, detailed to, assigned to,
or issued an authorized conditional offer of employment for a
position that requires access to classified information by an
agency, including the following:
``(A) A member of the Armed Forces.
``(B) A civilian.
``(C) An expert or consultant with a contractual or
personnel obligation to an agency.
``(D) Any other category of person who acts for or on
behalf of an agency as determined by the head of the agency.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(4) Need for access.--The term `need for access' has such
meaning as the President may define in the procedures
established pursuant to section 801(a).
``(5) Reciprocity of clearance.--The term `reciprocity of
clearance', with respect to a denial by an agency, means that
the agency, with respect to a covered person--
``(A) failed to accept a security clearance background
investigation as required by paragraph (1) of section 3001(d)
of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(d));
``(B) failed to accept a transferred security clearance
background investigation required by paragraph (2) of such
section;
``(C) subjected the covered person to an additional
investigative or adjudicative requirement in violation of
paragraph (3) of such section; or
``(D) conducted an investigation in violation of paragraph
(4) of such section.
``(6) Security executive agent.--The term `Security
Executive Agent' means the officer serving as the Security
Executive Agent pursuant to section 803.
``(b) Agency Review.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2022, each head of an agency shall, consistent
with the interests of national security, establish and
publish in the Federal Register a process by which a covered
person to whom eligibility for access to classified
information was denied or revoked by the agency or for whom
reciprocity of clearance was denied by the agency can appeal
that denial or revocation within the agency.
``(2) Elements.--The process required by paragraph (1)
shall include the following:
``(A) In the case of a covered person to whom eligibility
for access to classified information or reciprocity of
clearance is denied or revoked by an agency, the following:
``(i) The head of the agency shall provide the covered
person with a written--
``(I) detailed explanation of the basis for the denial or
revocation as the head of the agency determines is consistent
with the interests of national security and as permitted by
other applicable provisions of law; and
``(II) notice of the right of the covered person to a
hearing and appeal under this subsection.
``(ii) Not later than 30 days after receiving a request
from the covered person for copies of the documents that
formed the basis of the agency's decision to revoke or deny,
including the investigative file, the head of the agency
shall provide to the covered person copies of such documents
as--
``(I) the head of the agency determines is consistent with
the interests of national security; and
``(II) permitted by other applicable provisions of law,
including--
``(aa) section 552 of title 5, United States Code (commonly
known as the `Freedom of Information Act');
``(bb) section 552a of such title (commonly known as the
`Privacy Act of 1974'); and
``(cc) such other provisions of law relating to the
protection of confidential sources and privacy of
individuals.
``(iii)(I) The covered person shall have the opportunity to
retain counsel or other representation at the covered
person's expense.
``(II) Upon the request of the covered person, and a
showing that the ability to review classified information is
essential to the resolution of an appeal under this
subsection, counsel or other representation retained under
this clause shall be considered for access to classified
information for the limited purposes of such appeal.
``(iv)(I) The head of the agency shall provide the covered
person an opportunity, at a point in the process determined
by the agency head--
``(aa) to appear personally before an adjudicative or other
authority, other than the investigating entity, and to
present to such authority relevant documents, materials, and
information, including evidence that past problems relating
to the denial or revocation have been overcome or
sufficiently mitigated; and
``(bb) to call and cross-examine witnesses before such
authority, unless the head of the agency determines that
calling and cross-examining witnesses is not consistent with
the interests of national security.
``(II) The head of the agency shall make, as part of the
security record of the covered person, a written summary,
transcript, or recording of any appearance under item (aa) of
subclause (I) or of any calling or cross-examining of
witnesses under item (bb) of such subclause.
[[Page S8142]]
``(v) On or before the date that is 30 days after the date
on which the covered person receives copies of documents
under clause (ii), the covered person may request a hearing
of the decision to deny or revoke by filing a written appeal
with the head of the agency.
``(B) A requirement that each review of a decision under
this subsection is completed on average not later than 180
days after the date on which a hearing is requested under
subparagraph (A)(v).
``(3) Agency review panels.--
``(A) In general.--Each head of an agency shall establish a
panel to hear and review appeals under this subsection.
``(B) Membership.--
``(i) Composition.--Each panel established by the head of
an agency under subparagraph (A) shall be composed of at
least 3 employees of the agency selected by the agency head,
two of whom shall not be members of the security field.
``(ii) Terms.--A term of service on a panel established by
the head of an agency under subparagraph (A) shall not exceed
2 years.
``(C) Decisions.--
``(i) Written.--Each decision of a panel established under
subparagraph (A) shall be in writing and contain a
justification of the decision.
``(ii) Consistency.--Each head of an agency that
establishes a panel under subparagraph (A) shall ensure that
each decision of the panel is consistent with the interests
of national security and applicable provisions of law.
``(iii) Overturn.--The head of an agency may overturn a
decision of the panel if, not later than 30 days after the
date on which the panel issues the decision, the agency head
personally exercises the authority granted by this clause to
overturn such decision.
``(iv) Finality.--Each decision of a panel established
under subparagraph (A) or overturned pursuant to clause (iii)
of this subparagraph shall be final but subject to appeal and
review under subsection (c).
``(D) Access to classified information.--The head of an
agency that establishes a panel under subparagraph (A) shall
afford access to classified information to the members of the
panel as the agency head determines--
``(i) necessary for the panel to hear and review an appeal
under this subsection; and
``(ii) consistent with the interests of national security.
``(4) Representation by counsel.--
``(A) In general.--Each head of an agency shall ensure
that, under this subsection, a covered person appealing a
decision of the head's agency under this subsection has an
opportunity to retain counsel or other representation at the
covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of a covered person
appealing a decision of an agency under this subsection and a
showing that the ability to review classified information is
essential to the resolution of the appeal under this
subsection, the head of the agency shall sponsor an
application by the counsel or other representation retained
under this paragraph for access to classified information for
the limited purposes of such appeal.
``(ii) Extent of access.--Counsel or another representative
who is cleared for access under this subparagraph may be
afforded access to relevant classified materials to the
extent consistent with the interests of national security.
``(5) Corrective action.--If, in the course of proceedings
under this subsection, the head of an agency or a panel
established by the agency head under paragraph (3) decides
that a covered person's eligibility for access to classified
information was improperly denied or revoked by the agency,
the agency shall take corrective action to return the covered
person, as nearly as practicable and reasonable, to the
position such covered person would have held had the improper
denial or revocation not occurred.
``(6) Publication of decisions.--
``(A) In general.--Each head of an agency shall publish
each final decision on an appeal under this subsection.
``(B) Requirements.--In order to ensure transparency,
oversight by Congress, and meaningful information for those
who need to understand how the clearance process works, each
publication under subparagraph (A) shall be--
``(i) made in a manner that is consistent with section 552
of title 5, United States Code, as amended by the Electronic
Freedom of Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of the case,
redacting personally identifiable information and sensitive
program information; and
``(iii) made available on a website that is searchable by
members of the public.
``(c) Higher Level Review.--
``(1) Panel.--
``(A) Establishment.--Not later than 180 days after the
date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2022, the Security Executive Agent shall
establish a panel to review decisions made on appeals
pursuant to the processes established under subsection (b).
``(B) Scope of review and jurisdiction.--After the initial
review to verify grounds for appeal, the panel established
under subparagraph (A) shall review such decisions only--
``(i) as they relate to violations of section 801A(b); or
``(ii) to the extent to which an agency properly conducted
a review of an appeal under subsection (b).
``(C) Composition.--The panel established pursuant to
subparagraph (A) shall be composed of three individuals
selected by the Security Executive Agent for purposes of the
panel, of whom at least one shall be an attorney.
``(2) Appeals and timeliness.--
``(A) Appeals.--
``(i) Initiation.--On or before the date that is 30 days
after the date on which a covered person receives a written
decision on an appeal under subsection (b), the covered
person may initiate oversight of that decision by filing a
written appeal with the Security Executive Agent.
``(ii) Filing.--A written appeal filed under clause (i)
relating to a decision of an agency shall be filed in such
form, in such manner, and containing such information as the
Security Executive Agent may require, including--
``(I) a description of--
``(aa) any alleged violations of section 801A(b) relating
to the denial or revocation of the covered person's
eligibility for access to classified information; and
``(bb) any allegations of how the decision may have been
the result of the agency failing to properly conduct a review
under subsection (b); and
``(II) supporting materials and information for the
allegations described under subclause (I).
``(B) Timeliness.--The Security Executive Agent shall
ensure that, on average, review of each appeal filed under
this subsection is completed not later than 180 days after
the date on which the appeal is filed.
``(3) Decisions and remands.--
``(A) In general.--If, in the course of reviewing under
this subsection a decision of an agency under subsection (b),
the panel established under paragraph (1) decides that there
is sufficient evidence of a violation of section 801A(b) to
merit a new hearing or decides that the decision of the
agency was the result of an improperly conducted review under
subsection (b), the panel shall vacate the decision made
under subsection (b) and remand to the agency by which the
covered person shall be eligible for a new appeal under
subsection (b).
``(B) Written decisions.--Each decision of the panel
established under paragraph (1) shall be in writing and
contain a justification of the decision.
``(C) Consistency.--The panel under paragraph (1) shall
ensure that each decision of the panel is consistent with the
interests of national security and applicable provisions of
law.
``(D) Finality.--
``(i) In general.--Except as provided in clause (ii), each
decision of the panel established under paragraph (1) shall
be final.
``(ii) Overturn.--The Security Executive Agent may overturn
a decision of the panel if, not later than 30 days after the
date on which the panel issues the decision, the Security
Executive Agent personally exercises the authority granted by
this clause to overturn such decision.
``(E) Nature of remands.--In remanding a decision under
subparagraph (A), the panel established under paragraph (1)
may not direct the outcome of any further appeal under
subsection (b).
``(F) Notice of decisions.--For each decision of the panel
established under paragraph (1) regarding a covered person,
the Security Executive Agent shall provide the covered person
with a written notice of the decision that includes a
detailed description of the reasons for the decision,
consistent with the interests of national security and
applicable provisions of law.
``(4) Representation by counsel.--
``(A) In general.--The Security Executive Agent shall
ensure that, under this subsection, a covered person
appealing a decision under subsection (b) has an opportunity
to retain counsel or other representation at the covered
person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of the covered person
and a showing that the ability to review classified
information is essential to the resolution of an appeal under
this subsection, the Security Executive Agent shall sponsor
an application by the counsel or other representation
retained under this paragraph for access to classified
information for the limited purposes of such appeal.
``(ii) Extent of access.--Counsel or another representative
who is cleared for access under this subparagraph may be
afforded access to relevant classified materials to the
extent consistent with the interests of national security.
``(5) Access to documents and employees.--
``(A) Affording access to members of panel.--The Security
Executive Agent shall afford access to classified information
to the members of the panel established under paragraph
(1)(A) as the Security Executive Agent determines--
``(i) necessary for the panel to review a decision
described in such paragraph; and
``(ii) consistent with the interests of national security.
``(B) Agency compliance with requests of panel.--Each head
of an agency shall comply with each request by the panel for
a document and each request by the panel for access to
employees of the agency necessary
[[Page S8143]]
for the review of an appeal under this subsection, to the
degree that doing so is, as determined by the head of the
agency and permitted by applicable provisions of law,
consistent with the interests of national security.
``(6) Publication of decisions.--
``(A) In general.--For each final decision on an appeal
under this subsection, the head of the agency with respect to
which the appeal pertains and the Security Executive Agent
shall each publish the decision, consistent with the
interests of national security.
``(B) Requirements.--In order to ensure transparency,
oversight by Congress, and meaningful information for those
who need to understand how the clearance process works, each
publication under subparagraph (A) shall be--
``(i) made in a manner that is consistent with section 552
of title 5, United States Code, as amended by the Electronic
Freedom of Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of the case,
redacting personally identifiable information and sensitive
program information; and
``(iii) made available on a website that is searchable by
members of the public.
``(d) Period of Time for the Right to Appeal.--
``(1) In general.--Except as provided in paragraph (2), any
covered person who has been the subject of a decision made by
the head of an agency to deny or revoke eligibility for
access to classified information shall retain all rights to
appeal under this section until the conclusion of the appeals
process under this section.
``(2) Waiver of rights.--
``(A) Persons.--Any covered person may voluntarily waive
the covered person's right to appeal under this section and
such waiver shall be conclusive.
``(B) Agencies.--The head of an agency may not require a
covered person to waive the covered person's right to appeal
under this section for any reason.
``(e) Waiver of Availability of Procedures for National
Security Interest.--
``(1) In general.--If the head of an agency determines that
a procedure established under subsection (b) cannot be made
available to a covered person in an exceptional case without
damaging a national security interest of the United States by
revealing classified information, such procedure shall not be
made available to such covered person.
``(2) Finality.--A determination under paragraph (1) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(3) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which the head of an
agency determines under paragraph (1) that a procedure
established under subsection (b) cannot be made available to
a covered person, the agency head shall, not later than 30
days after the date on which the agency head makes such
determination, submit to the Security Executive Agent and to
the congressional intelligence committees a report stating
the reasons for the determination.
``(ii) Form.--A report submitted under clause (i) may be
submitted in classified form as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than once each
fiscal year, the Security Executive Agent shall submit to the
congressional intelligence committees a report on the
determinations made under paragraph (1) during the previous
fiscal year.
``(ii) Contents.--Each report submitted under clause (i)
shall include, for the period covered by the report, the
following:
``(I) The number of cases and reasons for determinations
made under paragraph (1), disaggregated by agency.
``(II) Such other matters as the Security Executive Agent
considers appropriate.
``(f) Denials and Revocations Under Other Provisions of
Law.--
``(1) Rule of construction.--Nothing in this section shall
be construed to limit or affect the responsibility and power
of the head of an agency to deny or revoke eligibility for
access to classified information or to deny reciprocity of
clearance in the interest of national security.
``(2) Denials and revocation.--The power and responsibility
to deny or revoke eligibility for access to classified
information or to deny reciprocity of clearance pursuant to
any other provision of law or Executive order may be
exercised only when the head of an agency determines that an
applicable process established under this section cannot be
invoked in a manner that is consistent with national
security.
``(3) Finality.--A determination under paragraph (2) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(4) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which the head of an
agency determines under paragraph (2) that a determination
relating to a denial or revocation of eligibility for access
to classified information or denial of reciprocity of
clearance could not be made pursuant to a process established
under this section, the agency head shall, not later than 30
days after the date on which the agency head makes such a
determination under paragraph (2), submit to the Security
Executive Agent and to the congressional intelligence
committees a report stating the reasons for the
determination.
``(ii) Form.--A report submitted under clause (i) may be
submitted in classified form as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than once each
fiscal year, the Security Executive Agent shall submit to the
congressional intelligence committees a report on the
determinations made under paragraph (2) during the previous
fiscal year.
``(ii) Contents.--Each report submitted under clause (i)
shall include, for the period covered by the report, the
following:
``(I) The number of cases and reasons for determinations
made under paragraph (2), disaggregated by agency.
``(II) Such other matters as the Security Executive Agent
considers appropriate.
``(g) Relationship to Suitability.--No person may use a
determination of suitability under part 731 of title 5, Code
of Federal Regulations, or successor regulation, for the
purpose of denying a covered person the review proceedings of
this section where there has been a denial or revocation of
eligibility for access to classified information or a denial
of reciprocity of clearance.
``(h) Preservation of Roles and Responsibilities Under
Executive Order 10865 and of the Defense Office of Hearings
and Appeals.--Nothing in this section shall be construed to
diminish or otherwise affect the procedures in effect on the
day before the date of the enactment of this Act for denial
and revocation procedures provided to individuals by
Executive Order 10865 (50 U.S.C. 3161 note; relating to
safeguarding classified information within industry), or
successor order, including those administered through the
Defense Office of Hearings and Appeals of the Department of
Defense under Department of Defense Directive 5220.6, or
successor directive.
``(i) Rule of Construction Relating to Certain Other
Provisions of Law.--This section and the processes and
procedures established under this section shall not be
construed to apply to paragraphs (6) and (7) of section
3001(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002), as amended by subsection (c), is
further amended by inserting after the item relating to
section 801A the following:
``Sec. 801B. Right to appeal.''.
SEC. 502. FEDERAL POLICY ON SHARING OF COVERED INSIDER THREAT
INFORMATION PERTAINING TO CONTRACTOR EMPLOYEES
IN THE TRUSTED WORKFORCE.
(a) Definition of Covered Insider Threat Information.--In
this section, the term ``covered insider threat
information''--
(1) means information that--
(A) is adjudicatively relevant;
(B) a Federal Government agency has vetted and verified;
and
(C) according to Director of National Intelligence policy,
is deemed relevant to a contractor's ability to protect
against insider threats as required by section 117.7(d) of
title 32, Code of Federal Regulations, or successor
regulation; and
(2) includes pertinent information considered in the
counter-threat assessment as allowed by a Federal statute or
an Executive Order.
(b) Policy Required.--Not later than 2 years after the date
of the enactment of this Act, the Director of National
Intelligence shall, in coordination with the Secretary of
Defense, the Director of the Office of Management and Budget,
and the Attorney General, issue a policy for the Federal
Government on sharing covered insider threat information
pertaining to contractor employees engaged by the Federal
Government.
(c) Consent Requirement.--The policy issued under
subsection (b) shall require, as a condition of obtaining and
maintaining a security clearance with the Federal Government,
that a contractor employee provide prior written consent for
the Federal Government to share covered insider threat
information with the insider threat program senior official
of the contractor employer that employs the contractor
employee. Such policy may include restrictions on the further
disclosure of such information.
(d) Consultation With Congress.--The Director of National
Intelligence shall establish a process for consulting on a
quarterly basis with Congress and industry partners during
development of the policy required under subsection (b).
(e) Review.--
(1) In general.--Not later than 1 year after the date of
the issuance of the policy required by subsection (b), the
Director of National Intelligence and the Secretary of
Defense shall jointly submit to Congress and make available
to such industry partners as the Director and the Secretary
consider appropriate a review of the policy issued under
subsection (b).
(2) Contents.--The review submitted under paragraph (1)
shall include the following:
(A) An assessment of the utility and effectiveness of the
policy issued under subsection (b).
(B) Such recommendations as the Director and the Secretary
may have for legislative or administrative action relevant to
such policy.
[[Page S8144]]
SEC. 503. PERFORMANCE MEASURES REGARDING TIMELINESS FOR
PERSONNEL MOBILITY.
(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall issue a policy for measuring the total
time it takes to transfer personnel with security clearances
and eligibility for access to information commonly referred
to as ``sensitive compartmented information'' (SCI) from one
Federal agency to another, or from one contract to another in
the case of a contractor.
(b) Requirements.--The policy issued under subsection (a)
shall--
(1) to the degree practicable, cover all personnel who are
moving to positions that require a security clearance and
access to sensitive compartmented information;
(2) cover the period from the first time a Federal agency
or company submits a request to a Federal agency for the
transfer of the employment of an individual with a clearance
access or eligibility determination to another Federal
agency, to the time the individual is authorized by that
receiving agency to start to work in the new position; and
(3) include analysis of all appropriate phases of the
process, including polygraph, suitability determination,
fitness determination, human resources review, transfer of
the sensitive compartmented information access, and contract
actions.
(c) Updated Policies.--
(1) Modifications.--Not later than 1 year after the date on
which the Director issues the policy under subsection (a),
the Director shall issue modifications to such policies as
the Director determines were issued before the issuance of
the policy under such subsection and are relevant to such
updated policy, as the Director considers appropriate.
(2) Recommendations.--Not later than 1 year after the date
on which the Director issues the policy under subsection (a),
the Director shall submit to Congress recommendations for
legislative action to update metrics specified elsewhere in
statute to measure parts of the process that support
transfers described in subsection (a).
(d) Annual Reports.--Not later than 180 days after issuing
the policy required by subsection (a) and not less frequently
than once each year thereafter until the date that is 3 years
after the date of such issuance, the Director shall submit to
Congress a report on the implementation of such policy. Such
report shall address performance by agency and by clearance
type in meeting such policy.
SEC. 504. GOVERNANCE OF TRUSTED WORKFORCE 2.0 INITIATIVE.
(a) Governance.--The Director of National Intelligence,
acting as the Security Executive Agent, and the Director of
the Office of Personnel Management, acting as the Suitability
and Credentialing Executive Agent, in coordination with the
Deputy Director for Management in the Office of Management
and Budget, acting as the director of the Performance
Accountability Council, and the Under Secretary of Defense
for Intelligence and Security shall jointly--
(1) not later than 180 days after the date of the enactment
of this Act, publish in the Federal Register a policy with
guidelines and standards for Federal Government agencies and
industry partners to implement the Trusted Workforce 2.0
initiative;
(2) not later than 2 years after the date of the enactment
of this Act and not less frequently than once every 6 months
thereafter, submit to Congress a report on the timing,
delivery, and adoption of Federal Government agencies'
policies, products, and services to implement the Trusted
Workforce 2.0 initiative, including those associated with the
National Background Investigation Service; and
(3) not later than 90 days after the date of the enactment
of this Act, submit to Congress performance management
metrics for the implementation of the Trusted Workforce 2.0
initiative, including performance metrics regarding
timeliness, cost, and measures of effectiveness.
(b) Independent Study on Trusted Workforce 2.0.--
(1) Study required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall enter into an agreement with an entity
that is not part of the Federal Government to conduct a study
on the effectiveness of the initiatives of the Federal
Government known as Trusted Workforce 1.25, 1.5, and 2.0.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An assessment of how effective such initiatives are or
will be in determining who should or should not have access
to classified information.
(B) A comparison of the effectiveness of such initiatives
with the system of periodic reinvestigations that was in
effect on the day before the date of the enactment of this
Act.
(C) Identification of what is lost from the suspension of
universal periodic reinvestigations in favor of a system of
continuous vetting.
(D) An assessment of the relative effectiveness of Trusted
Workforce 1.25, Trusted Workforce 1.5, and Trusted Workforce
2.0.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit a report on
the findings from the study conducted under paragraph (1) to
the following:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(D) The Committee on Armed Services of the House of
Representatives.
(E) The Committee on Oversight and Reform of the House of
Representatives.
TITLE VI--OTHER INTELLIGENCE MATTERS
SEC. 601. PERIODIC REPORTS ON TECHNOLOGY STRATEGY OF
INTELLIGENCE COMMUNITY.
(a) Periodic Reports Required.--No later than 1 year after
the date of the enactment of this Act and not less frequently
than once every 4 years thereafter, the Director of National
Intelligence shall, in coordination with the Director of the
Office of Science and Technology Policy, the Secretary of
Commerce, and the heads of such other agencies as the
Director considers appropriate, submit to Congress a
comprehensive report on the technology strategy of the
intelligence community, which shall be designed to support
maintaining United States leadership in critical and emerging
technologies essential to United States national security.
(b) Elements.--Each report submitted under subsection (a)
shall include the following:
(1) An assessment of technologies critical to United States
national security, particularly those technologies with
respect to which countries that are adversarial to the United
States have or are poised to match or surpass the technology
leadership of the United States.
(2) A review of existing technology policies of the
intelligence community, including long-range goals.
(3) Identification of sectors and supply chains that the
Director considers to be of the most strategic importance to
national security.
(4) Identification of opportunities to protect the
leadership of the United States and allies of the United
States in critical technologies, including through targeted
export controls, investment screening, and
counterintelligence activities.
(5) Identification of research and development areas
critical to national security, including areas in which the
private sector does not focus.
(6) Recommendations for growing talent in key critical and
emerging technologies and enhancing the ability of the
intelligence community to recruit and retain individuals with
critical skills.
(7) Identification of opportunities to improve United
States leadership in critical technologies, including
opportunities to develop international partnerships to
reinforce domestic policy actions, build new markets, engage
in collaborative research, and create an international
environment that reflects United States values and protects
United States interests.
(8) A technology annex, which may be classified, to
establish an approach to the identification, prioritization,
development, and fielding of emerging technologies critical
to the mission of the intelligence community.
(9) Such other information as may be necessary to help
inform Congress on matters relating to the technology
strategy of the intelligence community and related
implications for United States national security.
SEC. 602. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY AND
CIVIL LIBERTIES OVERSIGHT BOARD MEMBERSHIP.
Paragraph (4) of section 1061(h) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is
amended to read as follows:
``(4) Term.--
``(A) Commencement.--Each member of the Board shall serve a
term of 6 years, commencing on the date of the appointment of
the member to the Board.
``(B) Reappointment.--A member may be reappointed to one or
more additional terms.
``(C) Vacancy.--A vacancy in the Board shall be filled in
the manner in which the original appointment was made.
``(D) Extension.--Upon the expiration of the term of office
of a member, the member may continue to serve, at the
election of the member--
``(i) during the period preceding the reappointment of the
member pursuant to subparagraph (B); or
``(ii) until the member's successor has been appointed and
qualified.''.
SEC. 603. REPORTS ON INTELLIGENCE SUPPORT FOR AND CAPACITY OF
THE SERGEANTS AT ARMS OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES AND THE UNITED STATES
CAPITOL POLICE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Rules and Administration, the
Committee on the Judiciary, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Homeland Security, the Committee on
House Administration, the Committee on the Judiciary, and the
Committee on Appropriations of the House of Representatives.
(2) Sergeants at arms.--The term ``Sergeants at Arms''
means the Sergeant at Arms and Doorkeeper of the Senate and
the
[[Page S8145]]
Chief Administrative Officer of the House of Representatives.
(b) Report on Intelligence Support.--
(1) Report required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
Federal Bureau of Investigation and the Secretary of Homeland
Security, shall submit to the appropriate committees of
Congress a report on intelligence support provided to the
Sergeants at Arms and the United States Capitol Police.
(2) Elements.--The report required by paragraph (1) shall
include a description of the following:
(A) Policies related to the Sergeants at Arms and the
United States Capitol Police as customers of intelligence.
(B) How the intelligence community, the Federal Bureau of
Investigation, and the Department of Homeland Security,
including the Cybersecurity and Infrastructure Security
Agency, are structured, staffed, and resourced to provide
intelligence support to the Sergeants at Arms and the United
States Capitol Police.
(C) The classified electronic and telephony
interoperability of the intelligence community, the Federal
Bureau of Investigation, and the Department of Homeland
Security with the Sergeants at Arms and the United States
Capitol Police.
(D) Any expedited security clearances provided for the
Sergeants at Arms and the United States Capitol Police.
(E) Counterterrorism intelligence and other intelligence
relevant to the physical security of Congress that are
provided to the Sergeants at Arms and the United States
Capitol Police, including--
(i) strategic analysis and real-time warning; and
(ii) access to classified systems for transmitting and
posting intelligence.
(F) Cyber intelligence relevant to the protection of cyber
networks of Congress and the personal devices and accounts of
Members and employees of Congress, including--
(i) strategic and real-time warnings, such as malware
signatures and other indications of attack; and
(ii) access to classified systems for transmitting and
posting intelligence.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Government Accountability Office Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the appropriate committees
of Congress a report on the capacity of the Sergeants at Arms
and the United States Capitol Police to access and use
intelligence and threat information relevant to the physical
and cyber security of Congress.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the extent to which the Sergeants at
Arms and the United States Capitol Police have the resources,
including facilities, cleared personnel, and necessary
training, and authorities to adequately access, analyze,
manage, and use intelligence and threat information necessary
to defend the physical and cyber security of Congress.
(B) The extent to which the Sergeants at Arms and the
United States Capitol Police communicate and coordinate
threat data with each other and with other local law
enforcement entities.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 604. STUDY ON VULNERABILITY OF GLOBAL POSITIONING SYSTEM
TO HOSTILE ACTIONS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Appropriations of
the Senate; and
(3) the Committee on Armed Services, the Committee on
Science, Space, and Technology, the Committee on Foreign
Affairs, the Committee on Homeland Security, and the
Committee on Appropriations of the House of Representatives.
(b) Study Required.--The Director of National Intelligence
shall, in consultation with the Secretary of Defense, the
Secretary of Commerce, and the Secretary of Transportation,
conduct a study on the vulnerability of the Global
Positioning System (GPS) to hostile actions, as well as any
actions being undertaken by the intelligence community, the
Department of Defense, the Department of Commerce, the
Department of Transportation, and any other elements of the
Federal Government to mitigate any risks stemming from the
potential unavailability of the Global Positioning System.
(c) Elements.--The study conducted under subsection (b)
shall include net assessments and baseline studies of the
following:
(1) The vulnerability of the Global Positioning System to
hostile actions.
(2) The potential negative effects of a prolonged Global
Positioning System outage, including with respect to the
entire society, to the economy of the United States, and to
the capabilities of the Armed Forces.
(3) Alternative systems that could back up or replace the
Global Positioning System, especially for the purpose of
providing positioning, navigation, and timing, to United
States civil, commercial, and government users.
(4) Any actions being planned or undertaken by the
intelligence community, the Department of Defense, the
Department of Commerce, the Department of Transportation, and
other elements of the Federal Government to mitigate any
risks to the entire society, to the economy of the United
States, and to the capabilities of the Armed Forces, stemming
from a potential unavailability of the Global Positioning
System.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the appropriate committees of Congress a
report in writing and provide such committees a briefing on
the findings of the Director with respect to the study
conducted under subsection (b).
SEC. 605. AUTHORITY FOR TRANSPORTATION OF FEDERALLY OWNED
CANINES ASSOCIATED WITH FORCE PROTECTION DUTIES
OF INTELLIGENCE COMMUNITY.
Section 1344(a)(2)(B) of title 31, United States Code, is
amended by inserting ``, or transportation of federally owned
canines associated with force protection duties of any part
of the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003))'' after
``duties''.
______
SA 4617. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ADMINISTRATIVE FALSE CLAIMS.
(a) Change in Short Title.--
(1) In general.--Subtitle B of title VI of the Omnibus
Budget Reconciliation Act of 1986 (Public Law 99-509; 100
Stat. 1934) is amended--
(A) in the subtitle heading, by striking ``Program Fraud
Civil Remedies'' and inserting ``Administrative False
Claims''; and
(B) in section 6101 (31 U.S.C. 3801 note), by striking
``Program Fraud Civil Remedies Act of 1986'' and inserting
``Administrative False Claims Act''.
(2) References.--Any reference to the Program Fraud Civil
Remedies Act of 1986 in any provision of law, regulation,
map, document, record, or other paper of the United States
shall be deemed a reference to the Administrative False
Claims Act.
(b) Reverse False Claims.--Chapter 38 of title 31, United
States Code, is amended--
(1) in section 3801(a)(3), by amending subparagraph (C) to
read as follows:
``(C) made to an authority which has the effect of
concealing or improperly avoiding or decreasing an obligation
to pay or transmit property, services, or money to the
authority,''; and
(2) in section 3802(a)(3)--
(A) by striking ``An assessment'' and inserting ``(A)
Except as provided in subparagraph (B), an assessment''; and
(B) by adding at the end the following:
``(B) In the case of a claim described in section
3801(a)(3)(C), an assessment shall not be made under the
second sentence of paragraph (1) in an amount that is more
than double the value of the property, services, or money
that was wrongfully withheld from the authority.''.
(c) Increasing Dollar Amount of Claims.--Section 3803(c) of
title 31, United States Code, is amended--
(1) in paragraph (1), by striking ``$150,000'' each place
that term appears and inserting ``$1,000,000''; and
(2) by adding at the end the following:
``(3) Adjustment for Inflation.--The maximum amount in
paragraph (1) shall be adjusted for inflation in the same
manner and to the same extent as civil monetary penalties
under the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. 2461 note).''.
(d) Recovery of Costs.--Section 3806(g)(1) of title 31,
United States Code, is amended to read as follows:
``(1)(A) Except as provided in paragraph (2)--
``(i) any amount collected under this chapter shall be
credited first to reimburse the authority or other Federal
entity that expended costs in support of the investigation or
prosecution of the action, including any court or hearing
costs; and
``(ii) amounts reimbursed under clause (i) shall--
``(I) be deposited in--
``(aa) the appropriations account of the authority or other
Federal entity from which the costs described in subparagraph
(A) were obligated;
``(bb) a similar appropriations account of the authority or
other Federal entity; or
``(cc) if the authority or other Federal entity expended
nonappropriated funds, another appropriate account; and
[[Page S8146]]
``(II) remain available until expended.
``(B) Any amount remaining after reimbursements described
in subparagraph (A) shall be deposited as miscellaneous
receipts in the Treasury of the United States.''.
(e) Semiannual Reporting.--Section 5(b) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) information relating to cases under chapter 38 of
title 31, United States, including--
``(A) the number of reports submitted by investigating
officials to reviewing officials under section 3803(a)(1) of
title 31, United States Code;
``(B) actions taken in response to reports described in
subparagraph (A), which shall include statistical tables
showing--
``(i) pending cases;
``(ii) resolved cases;
``(iii) the average length of time to resolve each case;
``(iv) the number of final agency decisions that were
appealed to a district court of the United States or a higher
court; and
``(v) if the total number of cases in a report is greater
than 2--
``(I) the number of cases that were settled; and
``(II) the total penalty or assessment amount recovered in
each case, including through a settlement or compromise; and
``(C) instances in which the reviewing official declined to
proceed on a case reported by an investigating official;
and''.
(f) Increasing Efficiency of DOJ Processing.--Title 31,
United States Code, is amended--
(1) in section 3803(j)--
(A) by inserting ``(1)'' before ``The reviewing''; and
(B) by adding at the end the following:
``(2) A reviewing official shall notify the Attorney
General in writing not later than 30 days before entering
into any agreement to compromise or settle allegations of
liability under section 3802 of this title and before the
date on which the reviewing official is permitted to refer
allegations of liability to a presiding officer under
subsection (b).'';
(2) in the table of sections for chapter 38, by striking
the item relating to section 3812 and inserting the
following:
``3812. Delegation authority.''; and
(3) in section 3812--
(A) in the section heading, by striking ``Prohibition
against delegation'' and inserting ``Delegation authority'';
and
(B) by striking ``, shall not be delegated to, or carried
out by,'' and inserting ``may be delegated to''.
(g) Revision of Definition of Hearing Officials.--
(1) In general.--Chapter 38 of title 31, United States
Code, is amended--
(A) in section 3801(a)(7)--
(i) in subparagraph (A), by striking ``or'' at the end;
(ii) in subparagraph (B)(vii), by adding ``or'' at the end;
and
(iii) by adding at the end the following:
``(C) a member of the board of contract appeals pursuant to
section 7105 of title 41, if the authority does not employ an
available presiding officer under subparagraph (A);''; and
(B) in section 3803(d)(2)--
(i) in subparagraph (A), by striking ``and'' at the end;
(ii) in subparagraph (B)--
(I) by striking ``the presiding'' and inserting ``(i) in
the case of a referral to a presiding officer described in
subparagraph (A) or (B) of section 3801(a)(7), the
presiding'';
(II) in clause (i), as so designated, by striking the
period at the end and inserting ``; or''; and
(III) by adding at the end the following:
``(ii) in the case of a referral to a presiding officer
described in subparagraph (C) of section 3801(a)(7)--
``(I) the reviewing official shall submit a copy of the
notice required by under paragraph (1) and of the response of
the person receiving such notice requesting a hearing--
``(aa) to the board of contract appeals that has
jurisdiction over matters arising from the agency of the
reviewing official pursuant to section 7105(e)(1) of title
41; or
``(bb) if the Chair of the board of contract appeals
declines to accept the referral, to any other board of
contract appeals; and
``(II) the reviewing official shall simultaneously mail, by
registered or certified mail, or shall deliver, notice to the
person alleged to be liable under section 3802 that the
referral has been made to an agency board of contract appeals
with an explanation as to where the person may obtain the
relevant rules of procedure promulgated by the board; and'';
and
(iii) by adding at the end the following:
``(C) in the case of a hearing conducted by a presiding
officer described in subparagraph (C) of section 3801(a)(7)--
``(i) the presiding officer shall conduct the hearing
according to the rules and procedures promulgated by the
board of contract appeals; and
``(ii) the hearing shall not be subject to the provisions
in subsection (g)(2), (h), or (i).''.
(2) Agency boards.--Section 7105(e) of title 41, United
States Code, is amended--
(A) in paragraph (1), by adding at the end the following:
``(E) Administrative false claims act.--
``(i) In general.--The boards described in subparagraphs
(B), (C), and (D) shall have jurisdiction to hear any case
referred to a board of contract appeals under section 3803(d)
of title 31.
``(ii) Declining referral.--If the Chair of a board
described in subparagraph (B), (C), or (D) determines that
accepting a case under clause (i) would prevent adequate
consideration of other cases being handled by the board, the
Chair may decline to accept the referral.''; and
(B) in paragraph (2), by inserting ``or, in the event that
a case is filed under chapter 38 of title 31, any relief that
would be available to a litigant under that chapter'' before
the period at the end.
(3) Regulations.--Not later than 180 days after the date of
enactment of this Act, each authority head, as defined in
section 3801 of title 31, United States Code, and each board
of contract appeals of a board described in subparagraphs
(B), (C), and (D) of section 7105(e) of title 41, United
States Code, shall amend procedures regarding proceedings as
necessary to implement the amendments made by this
subsection.
(h) Revision of Limitations.--Section 3808 of title 31,
United States Code, is amended by striking subsection (a) and
inserting the following:
``(a) A notice to the person alleged to be liable with
respect to a claim or statement shall be mailed or delivered
in accordance with section 3803(d)(1) of this title not later
than the later of--
``(1) 6 years after the date on which the violation of
section 3802 of this title is committed; or
``(2) 3 years after the date on which facts material to the
action are known or reasonably should have been known by the
authority head, but in no event more than 10 years after the
date on which the violation is committed.''.
(i) Definitions.--Section 3801 of title 31, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (8), by striking ``and'' at the end;
(B) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(10) `material' has the meaning given the term in section
3729(b) of this title; and
``(11) `obligation' has the meaning given the term in
section 3729(b) of this title.''; and
(2) by adding at the end the following:
``(d) For purposes of subsection (a)(10), materiality shall
be determined in the same manner as under section 3729 of
this title.''.
(j) Promulgation of Regulations.--Not later than 180 days
after the date of enactment of this Act, each authority head,
as defined in section 3801 of title 31, United States Code,
shall--
(1) promulgate regulations and procedures to carry out this
section and the amendments made by this section; and
(2) review and update existing regulations and procedures
of the authority to ensure compliance with this section and
the amendments made by this section.
______
SA 4618. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of part II of subtitle B of title V, add the
following:
SEC. 520B. PROHIBITED EXTREMIST ACTIVITIES.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall amend Department of
Defense Instruction (DoDI) 1325.06 to provide that military
personnel may not actively engage in, threaten, or advocate--
(1) conduct that promotes illegal discrimination based on
race, creed, color, sex, religion, ethnicity, or national
origin; or
(2) conduct that threatens or advocate the use of force,
violence, or criminal activity to achieve political or
ideological objectives.
______
SA 4619. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 744. DELAY OF COVID-19 VACCINE MANDATE FOR MEMBERS OF
THE ARMED FORCES AND ADDITIONAL REQUIREMENTS
RELATING TO VACCINE MANDATES.
(a) Delay of Vaccine Mandate.--The Secretary of Defense may
not require members of the Armed Forces to receive the
vaccination for coronavirus disease 2019 (commonly
[[Page S8147]]
known as ``COVID-19'') or penalize such members for not
receiving such vaccine until the date on which all religious
and medical accommodation requests filed before December 1,
2022, seeking an exemption from such a requirement have been
individually evaluated with a final determination and all
appeal processes in connection with any such requests have
been exhausted.
(b) Private Right of Action Relating to COVID-19
Vaccination.--A member of the Armed Forces whose religious
accommodation request relating to the vaccination for
coronavirus disease 2019 is denied without written
individualized consideration or consultation with the Office
of the Chief of Chaplains for the military department
concerned to confirm that there is a compelling interest in
having the member receive such vaccination and that mandating
vaccination is the least restrictive means of furthering that
interest shall have a cause of action for financial damages
caused by the harm to their military career, retirement, or
benefits.
(c) Consultation With Offices of Chief of Chaplains
Regarding Religious Accommodations.--
(1) In general.--The final accommodation authority for each
military department shall consult with the Office of the
Chief of Chaplains for the military department concerned
before denying any religious accommodation request.
(2) Procedures for religious exemption requests.--The
Secretary of Defense shall consult with the members of the
Armed Forces Chaplains Board in determining the general
procedure for processing religious exemption requests.
(3) Determinations relating to religious belief or
conscience.--No determinations shall be made regarding the
sincerity of the religious belief or conscience of a member
of the Armed Forces by the final accommodation authority
without the documented consultation of a chaplain with the
member.
(d) Inspector General Investigation Regarding Religious
Accommodations.--Not later than 60 days after the date of the
enactment of this Act, the Inspector General of the
Department of Defense shall complete an investigation into
whether each of the military departments has complied with
Federal law (including the Religious Freedom Restoration Act
of 1993 (42 U.S.C. 2000bb et seq.)), Department of Defense
Instruction 1300.17, and other policies of the military
departments relevant to determining religious accommodations
for vaccination requirements.
______
SA 4620. Mr. BARRASSO submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. OPPOSITION TO PROVISION OF ASSISTANCE TO PEOPLE'S
REPUBLIC OF CHINA BY MULTILATERAL DEVELOPMENT
BANKS.
(a) Findings.--Congress makes the following findings:
(1) The People's Republic of China is the world's second
largest economy and a major global lender.
(2) In February 2021, the foreign exchange reserves of the
People's Republic of China totaled more than
$3,200,000,000,000.
(3) The World Bank classifies the People's Republic of
China as having an upper-middle-income economy.
(4) On February 25, 2021, President Xi Jinping announced
``complete victory'' over extreme poverty in the People's
Republic of China.
(5) The Government of the People's Republic of China
utilizes state resources to create and promote the Asian
Infrastructure Investment Bank, the New Development Bank, and
the Belt and Road Initiative.
(6) The People's Republic of China is the world's largest
official creditor.
(7) Through a multilateral development bank, countries are
eligible to borrow until they can manage long-term
development and access to capital markets without financial
resources from the bank.
(8) The World Bank reviews the graduation of a country from
eligibility to borrow from the International Bank for
Reconstruction and Development once the country reaches the
graduation discussion income, which is equivalent to the
gross national income. For fiscal year 2021, the graduation
discussion income is a gross national income per capita
exceeding $7,065.
(9) Many of the other multilateral development banks, such
as the Asian Development Bank, use the gross national income
per capita benchmark used by the International Bank for
Reconstruction and Development to trigger the graduation
process.
(10) The People's Republic of China exceeded the graduation
discussion income threshold in 2016.
(11) Since 2016, the International Bank for Reconstruction
and Development has approved projects totaling $8,930,000,000
to the People's Republic of China.
(12) Since 2016, the Asian Development Bank has continued
to approve loans and technical assistance to the People's
Republic of China totaling $7,600,000,000. The Bank has also
approved non-sovereign commitments in the People's Republic
of China totaling $1,800,000,000 since 2016.
(13) The World Bank calculates the People's Republic of
China's most recent year (2019) gross national income per
capita as $10,390.
(b) Statement of Policy.--It is the policy of the United
States to oppose any additional lending from the multilateral
development banks, including the International Bank for
Reconstruction and Development and the Asian Development
Bank, to the People's Republic of China as a result of the
People's Republic of China's successful graduation from the
eligibility requirements for assistance from those banks.
(c) Opposition to Lending to People's Republic of China.--
The Secretary of the Treasury shall instruct the United
States Executive Director at each multilateral development
bank to use the voice, vote, and influence of the United
States--
(1) to oppose any loan or extension of financial or
technical assistance by the bank to the People's Republic of
China; and
(2) to end lending and assistance to countries that exceed
the graduation discussion income of the bank.
(d) Report Required.--Not later than one year after the
date of the enactment of this Act, and annually thereafter,
the Secretary of the Treasury shall submit to the appropriate
congressional committees a report that includes--
(1) an assessment of the status of borrowing by the
People's Republic of China from each multilateral development
bank;
(2) a description of voting power, shares, and
representation by the People's Republic of China at each such
bank;
(3) a list of countries that have exceeded the graduation
discussion income at each such bank;
(4) a list of countries that have graduated from
eligibility for assistance from each such bank; and
(5) a full description of the efforts taken by the United
States to graduate countries from such eligibility once they
exceed the graduation discussion income at each such bank.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
(2) Multilateral development banks.--The term
``multilateral development banks'' has the meaning given that
term in section 1701(c) of the International Financial
Institutions Act (22 U.S.C. 262r(c)).
______
SA 4621. Mrs. SHAHEEN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
Subtitle __--Homeland Procurement Reform Act
SEC. __01. SHORT TITLE.
This subtitle may be cited as the ``Homeland Procurement
Reform Act'' or the ``HOPR Act''.
SEC. __02. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO
NATIONAL SECURITY INTERESTS ACCORDING TO
CERTAIN CRITERIA.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by
adding at the end the following:
``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO
NATIONAL SECURITY INTERESTS.
``(a) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means any of
the following:
``(A) Footwear provided as part of a uniform.
``(B) Uniforms.
``(C) Holsters and tactical pouches.
``(D) Patches, insignia, and embellishments.
``(E) Chemical, biological, radiological, and nuclear
protective gear.
``(F) Body armor components intended to provide ballistic
protection for an individual, consisting of 1 or more of the
following:
``(i) Soft ballistic panels.
``(ii) Hard ballistic plates.
``(iii) Concealed armor carriers worn under a uniform.
``(iv) External armor carriers worn over a uniform.
``(G) Any other item as determined appropriate by the
Secretary.
``(2) Frontline operational component.--The term `frontline
operational component' means any of the following
organizations of the Department:
[[Page S8148]]
``(A) U.S. Customs and Border Protection.
``(B) U.S. Immigration and Customs Enforcement.
``(C) The United States Secret Service.
``(D) The Transportation Security Administration.
``(E) The Coast Guard.
``(F) The Federal Protective Service.
``(G) The Federal Emergency Management Agency.
``(H) The Federal Law Enforcement Training Centers.
``(I) The Cybersecurity and Infrastructure Security Agency.
``(b) Requirements.--
``(1) In general.--The Secretary shall ensure that any
procurement of a covered item for a frontline operational
component meets the following criteria:
``(A) To the maximum extent possible, not less than one-
third of funds obligated in a specific fiscal year for the
procurement of such covered items shall be covered items that
are manufactured or supplied in the United States by entities
that qualify as small business concerns, as defined in
section 3 of the Small Business Act (15 U.S.C. 632).
``(B) Each contractor with respect to the procurement of
such a covered item--
``(i) is an entity registered with the System for Award
Management (or successor system) administered by the General
Services Administration; and
``(ii) is in compliance with ISO 9001:2015 of the
International Organization for Standardization (or successor
standard) or a standard determined appropriate by the
Secretary to ensure the quality of products and adherence to
applicable statutory and regulatory requirements.
``(C) Each supplier of such a covered item with an insignia
(such as any patch, badge, or emblem) and each supplier of
such an insignia, if such covered item with such insignia or
such insignia, as the case may be, is not produced, applied,
or assembled in the United States, shall--
``(i) store such covered item with such insignia or such
insignia in a locked area;
``(ii) report any pilferage or theft of such covered item
with such insignia or such insignia occurring at any stage
before delivery of such covered item with such insignia or
such insignia; and
``(iii) destroy any such defective or unusable covered item
with insignia or insignia in a manner established by the
Secretary, and maintain records, for three years after the
creation of such records, of such destruction that include
the date of such destruction, a description of the covered
item with insignia or insignia destroyed, the quantity of the
covered item with insignia or insignia destroyed, and the
method of destruction.
``(2) Waiver.--
``(A) In general.--In the case of a national emergency
declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) or a major disaster declared by the
President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), the Secretary may waive a requirement in subparagraph
(A), (B) or (C) of paragraph (1) if the Secretary determines
there is an insufficient supply of a covered item that meets
the requirement.
``(B) Notice.--Not later than 60 days after the date on
which the Secretary determines a waiver under subparagraph
(A) is necessary, the Secretary shall provide to the
Committee on Homeland Security and Governmental Affairs and
the Committee on Appropriations of the Senate and the
Committee on Homeland Security, the Committee on Oversight
and Reform, and the Committee on Appropriations of the House
of Representatives notice of such determination, which shall
include--
``(i) identification of the national emergency or major
disaster declared by the President;
``(ii) identification of the covered item for which the
Secretary intends to issue the waiver; and
``(iii) a description of the demand for the covered item
and corresponding lack of supply from contractors able to
meet the criteria described in subparagraph (B) or (C) of
paragraph (1).
``(c) Pricing.--The Secretary shall ensure that covered
items are purchased at a fair and reasonable price,
consistent with the procedures and guidelines specified in
the Federal Acquisition Regulation.
``(d) Report.--Not later than 1 year after the date of
enactment of this section and annually thereafter, the
Secretary shall provide to the Committee on Homeland
Security, the Committee on Oversight and Reform, and the
Committee on Appropriations of the House of Representatives,
and the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate a
briefing on instances in which vendors have failed to meet
deadlines for delivery of covered items and corrective
actions taken by the Department in response to such
instances.
``(e) Effective Date.--This section applies with respect to
a contract entered into by the Department or any frontline
operational component on or after the date that is 180 days
after the date of enactment of this section.''.
(b) Study.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a study of
the adequacy of uniform allowances provided to employees of
frontline operational components (as defined in section 836
of the Homeland Security Act of 2002, as added by subsection
(a)).
(2) Requirements.--The study conducted under paragraph (1)
shall--
(A) be informed by a Department-wide survey of employees
from across the Department of Homeland Security who receive
uniform allowances that seeks to ascertain what, if any,
improvements could be made to the current uniform allowances
and what, if any, impacts current allowances have had on
employee morale and retention;
(B) assess the adequacy of the most recent increase made to
the uniform allowance for first year employees; and
(C) consider increasing by 50 percent, at minimum, the
annual allowance for all other employees.
(c) Additional Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall provide a report with recommendations on how the
Department of Homeland Security could procure additional
items from domestic sources and bolster the domestic supply
chain for items related to national security to--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate;
and
(B) the Committee on Homeland Security, the Committee on
Oversight and Reform, and the Committee on Appropriations of
the House of Representatives.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) a review of the compliance of the Department of
Homeland Security with the requirements under section 604 of
title VI of division A of the American Recovery and
Reinvestment Act of 2009 (6 U.S.C. 453b) to buy certain items
related to national security interests from sources in the
United States; and
(B) an assessment of the capacity of the Department of
Homeland Security to procure the following items from
domestic sources:
(i) Personal protective equipment and other items necessary
to respond to a pandemic such as that caused by COVID-19.
(ii) Helmets that provide ballistic protection and other
head protection and components.
(iii) Rain gear, cold weather gear, and other environmental
and flame resistant clothing.
(d) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 835 the following:
``Sec. 836. Requirements to buy certain items related to national
security interests.''.
______
SA 4622. Mr. YOUNG submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1004. BRIEFING ASSESSING THE FEASIBILITY OF DELAYING
DELIVERY OF BUDGET DETAILS FOR A CERTAIN SUBSET
OF DEPARTMENT OF DEFENSE BUDGET.
(a) In General.--Not later than June 1, 2022, the Deputy
Secretary of Defense shall deliver a briefing to the
congressional defense committees regarding the feasibility of
establishing a $50,000,000 to $150,000,000 line item in the
Department of Defense budget for which programmatic and
budgetary details would be delivered one to five months after
the delivery of the president's annual budget to Congress.
(b) Elements.--The briefing required under subsection (a)
should include--
(1) an assessment of potential changes needed to the
Program Objective Memorandum (POM) process to implement the
approach described in such subsection;
(2) recommended changes or improvements to the POM process
needed to enable additional congressional oversight of such
an approach; and
(3) a survey of projects that might have been included in
the President's budget earlier than they otherwise were as a
result of such an approach.
______
SA 4623. Mr. YOUNG submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
[[Page S8149]]
At the end of subtitle E of title VIII, add the following:
SEC. 857. PILOT PROGRAM TO CREATE THREAT-RESPONSIVE
ELECTRONIC WARFARE CAPABILITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) electronic warfare is an increasingly important
function in modern conflict, with advances made possible by
new microelectronics and software capabilities;
(2) the Department of Defense pursues Electronic Warfare
capabilities mostly through investments in major defense
acquisition programs aligned around platforms, including
aircraft and ships, and the resulting capabilities are often
defensive in nature, focused on protecting the host platform;
and
(3) there is substantial opportunity and need to deliver
electronic warfare capabilities focused on specific threats,
and responsive to related changes and opportunities.
(b) Pilot Program.--
(1) In general.--The Under Secretary of Acquisition and
Sustainment may establish a pilot program to create threat-
responsive electronic warfare capabilities.
(2) Focus.--The pilot program established under paragraph
(1) shall focus on the following objectives:
(A) Selection of specific threats, including those relevant
to the Defense Advanced Research Project Agency's Assault
Breaker II program.
(B) Offensive electronic warfare capabilities.
(C) Capabilities that cross multiple platforms, domains, or
mission systems.
(D) Capabilities that may alter the conduct of existing
platform missions or roles.
(3) Organization.--The Under Secretary of Defense for
Acquisition and Sustainment may organize the pilot program
under its Platforms and Weapons Portfolio Manager function or
other suitable function cognizance and oversight of
Electronic warfare equities across the Department of Defense.
(4) Acquisition.--To the extent feasible, capabilities
directed, coordinated, developed, or procured under this
pilot shall be inserted into existing weapons systems in the
sustainment phase of their lifecycle, reflecting a software-
defined and threat-responsive approach.
(5) Recommendations.--The Under Secretary of Defense for
Acquisition and Sustainment shall make recommendations on the
utility of organizing the funding and activities currently
aligned with hardware-centric program elements into one or
more portfolios organized according to functional needs in
accordance with objectives the pilot program.
(c) Annual Briefing.--Not later than one year after the
date on which a pilot program is established under subsection
(b), and annually thereafter until the date that is five
years after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition and Sustainment shall
submit to the congressional defense committees a briefing on
the pilot program.
(d) Termination.--The pilot program shall terminate on the
date that is 5 years after the date of the enactment of this
Act.
______
SA 4624. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. ___. EDUCATIONAL ASSISTANCE FOR PURSUIT OF PROGRAMS OF
EDUCATION IN CYBERSECURITY.
(a) Program Required.--The Secretary of Defense shall,
acting through the Director of Operational Test and
Evaluation, carry out a program on the provision of
educational assistance to individuals for the pursuit of a
programs of education in the field of cybersecurity in
support of Department of Defense requirements and in order to
create a talent pipeline for the cyber testing and evaluation
workforce capable of improving confidence in the operational
effectiveness, suitability, and survivability of software-
enabled and cyber physical systems.
(b) Requirements.--In providing educational assistance
under subsection (a), the Secretary shall ensure that the
educational assistance is provided for programs of education
that lead to a degree or certification in a cybersecurity
field from an institution of higher education, including a
community college.
(c) Funding.--
(1) Additional amount.--The amount authorized to be
appropriated for fiscal year 2022 by section 201 for
research, development, test, and evaluation is hereby
increased by $3,000,000, with the amount of the increase to
be available for Life Fire Test and Evaluation (PE
0605131OTE).
(2) Availability.--The amount available under paragraph (1)
shall be available to carry out the program required by
subsection (a).
(3) Offset.--The amount authorized to be appropriated for
fiscal year 2022 by section 301 for operation and maintenance
is hereby decreased by $3,000,000, with the amount of the
decrease to be taken from amounts available as specified in
the funding table in section 4301 for the Afghanistan
Security Forces Fund.
______
SA 4625. Mr. VAN HOLLEN (for himself and Mr. Sullivan) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Foreign Service Families Act of 2021
SECTION 1071. SHORT TITLE.
This subtitle may be cited as the ``Foreign Service
Families Act of 2021''.
SEC. 1072. TELECOMMUTING OPPORTUNITIES.
(a) DETO Policy.--
(1) In general.--Each Federal department and agency shall
establish a policy enumerating the circumstances under which
employees may be permitted to temporarily perform work
requirements and duties from approved overseas locations
where there is a related Foreign Service assignment pursuant
to an approved Domestically Employed Teleworking Overseas
(DETO) agreement.
(2) Participation.--The policy described under paragraph
(1) shall--
(A) ensure that telework does not diminish employee
performance or agency operations;
(B) require a written agreement that--
(i) is entered into between an agency manager and an
employee authorized to telework, that outlines the specific
work arrangement that is agreed to; and
(ii) is mandatory in order for any employee to participate
in telework;
(C) provide that an employee may not be authorized to
telework if the performance of that employee does not comply
with the terms of the written agreement between the agency
manager and that employee;
(D) except in emergency situations as determined by the
head of an agency, not apply to any employee of the agency
whose official duties require on at least a monthly basis--
(i) direct handling of secure materials determined to be
inappropriate for telework by the agency head; or
(ii) on-site activity that cannot be handled remotely or at
an alternate worksite;
(E) be incorporated as part of the continuity of operations
plans of the agency in the event of an emergency; and
(F) enumerate the circumstances under which employees may
be permitted to temporarily perform work requirements and
duties from approved overseas locations.
(b) Access to ICASS System.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State
shall revise chapter 900 of volume 6 of the Foreign Affairs
Manual, the International Cooperative Administrative Support
Services Handbook, the Personnel Operations Handbook, and any
other relevant regulations to allow each Federal agency that
has enacted a policy under subsection (a) to have access to
the International Cooperative Administrative Support Services
(ICASS) system.
SEC. 1073. EMPLOYMENT AND EDUCATION PROGRAMS FOR ELIGIBLE
FAMILY MEMBERS OF MEMBERS OF THE FOREIGN
SERVICE.
Section 706(b) of the Foreign Service Act of 1980 (22
U.S.C. 4026(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``The Secretary may facilitate the
employment of spouses of members of the Foreign Service by--
'' and inserting ``The Secretary shall implement such
measures as the Secretary considers necessary to facilitate
the employment of spouses and members of the Service. The
measures may include--''; and
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by amending subparagraph (C) to read as follows:
``(C) establishing a program for assisting eligible family
members in accessing employment and education opportunities,
as appropriate, including by exercising the authorities, in
relevant part, under sections 1784 and 1784a of title 10,
United States Code, and subject to such regulations as the
Secretary may prescribe modeled after those prescribed
pursuant to subsection (b) of such section 1784;'';
(2) by redesignating paragraph (2) as paragraph (6);
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Secretary may prescribe regulations--
``(A) to provide preference to eligible family members in
hiring for any civilian position in the Department,
notwithstanding the prohibition on marital discrimination
found in 5 U.S.C. 2302(b)(1)(E), if --
``(i) the eligible family member is among persons
determined to be best qualified for the position; and
``(ii) the position is located in the overseas country of
assignment of their sponsoring employee;
``(B) to ensure that notice of any vacant position in the
Department is provided in a
[[Page S8150]]
manner reasonably designed to reach eligible family members
of sponsoring employees whose permanent duty stations are in
the same country as that in which the position is located;
and
``(C) to ensure that an eligible family member who applies
for a vacant position in the Department shall, to the extent
practicable, be considered for any such position located in
the same country as the permanent duty station of their
sponsoring employee.
``(3) Nothing in this section may be construed to provide
an eligible family member with entitlement or preference in
hiring over an individual who is preference eligible.
``(4) Under regulations prescribed by the Secretary, a
chief of mission may, consistent with all applicable laws and
regulations pertaining to the ICASS system, make available to
an eligible family member and a non-Department entity space
in an embassy or consulate for the purpose of the non-
Department entity providing employment-related training for
eligible family members.
``(5) The Secretary may work with the Director of the
Office of Personnel Management and the heads of other Federal
departments and agencies to expand and facilitate the use of
existing Federal programs and resources in support of
eligible family member employment.''; and
(4) by adding after paragraph (6), as redesignated by
paragraph (2) of this subsection, the following new
paragraph:
``(7) In this subsection, the term `eligible family member'
refers to family members of government employees assigned
abroad or hired for service at their post of residence who
are appointed by the Secretary of State or the Administrator
of the United States Agency for International Development
pursuant to sections 102, 202, 303, and 311.''.
SEC. 1074. BRIEFING ON FOREIGN SERVICE FAMILY RESERVE CORPS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall brief
the appropriate congressional committees on the status of
implementation of the Foreign Service Family Reserve Corps.
(b) Elements.--The briefing required under subsection (a)
shall include the following elements:
(1) A description of the status of implementation of the
Foreign Service Family Reserve Corps (FSFRC).
(2) An assessment of the extent to which implementation was
impacted by the Department's hiring freeze and a detailed
explanation of the effect of any such impacts.
(3) A description of the status of implementation of a
hiring preference for the FSFRC.
(4) A detailed accounting of any individuals eligible for
membership in the FSFRC who were unable to begin working at a
new location as a result of being unable to transfer their
security clearance, including an assessment of whether they
would have been able to port their clearance as a member of
the FSFRC if the program had been fully implemented.
(5) An estimate of the number of individuals who are
eligible to join the FSFRC worldwide and the categories, as
detailed in the Under Secretary for Management's guidance
dated May 3, 2016, under which those individuals would
enroll.
(6) An estimate of the number of individuals who are
enrolled in the FSFRC worldwide and the categories, as
detailed in the Under Secretary for Management's guidance
dated May 3, 2016, under which those individuals enrolled.
(7) An estimate of the number of individuals who were
enrolled in each phase of the implementation of the FSFRC as
detailed in guidance issued by the Under Secretary for
Management.
(8) An estimate of the number of individuals enrolled in
the FSFRC who have successfully transferred a security
clearance to a new post since implementation of the program
began.
(9) An estimate of the number of individuals enrolled in
the FSFRC who have been unable to successfully transfer a
security clearance to a new post since implementation of the
program began.
(10) An estimate of the number of individuals who have
declined in writing to apply to the FSFRC.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 1075. TREATMENT OF FAMILY MEMBERS SEEKING POSITIONS
CUSTOMARILY FILLED BY FOREIGN SERVICE OFFICERS
OR FOREIGN NATIONAL EMPLOYEES.
Section 311 of the Foreign Service Act of 1980 (22 U.S.C.
3951) is amended by adding at the end the following:
``(e) The Secretary shall hold a family member of a
government employee described in subsection (a) seeking
employment in a position described in that subsection to the
same employment standards as those applicable to Foreign
Service officers, Foreign Service personnel, or foreign
national employees seeking the same or a substantially
similar position.''.
SEC. 1076. IN-STATE TUITION RATES FOR MEMBERS OF QUALIFYING
FEDERAL SERVICE.
(a) In General.--Section 135 of the Higher Education Act of
1965 (20 U.S.C. 1015d) is amended--
(1) in the section heading, by striking ``the armed forces
on active duty, spouses, and dependent children'' and
inserting ``qualifying federal service'';
(2) in subsection (a), by striking ``member of the armed
forces who is on active duty for a period of more than 30
days and'' and inserting ``member of a qualifying Federal
service'';
(3) in subsection (b), by striking ``member of the armed
forces'' and inserting ``member of a qualifying Federal
service''; and
(4) by striking subsection (d) and inserting the following:
``(d) Definitions.--In this section, the term `member of a
qualifying Federal service' means--
``(1) a member of the armed forces (as defined in section
101 of title 10, United States Code) who is on active duty
for a period of more than 30 days (as defined in section 101
of title 10, United States Code); or
``(2) a member of the Foreign Service (as defined in
section 103 of the Foreign Service Act of 1980 (22 U.S.C.
3903)) who is on active duty for a period of more than 30
days.''.
(b) Effective Date.--The amendments made under subsection
(a) shall take effect at each public institution of higher
education in a State that receives assistance under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the
first period of enrollment at such institution that begins
after July 1, 2021.
SEC. 1077. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES
AND TELEPHONE SERVICE CONTRACTS FOR CERTAIN
MEMBERS OF THE FOREIGN SERVICE.
(a) In General.--Chapter 9 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4081 et seq.) is amended by
adding at the end the following new section:
``SEC. 907. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE
LEASES AND TELEPHONE SERVICE CONTRACTS.
``The terms governing the termination of residential or
motor vehicle leases and telephone service contracts
described in sections 305 and 305A, respectively of the
Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956)
with respect to servicemembers who receive military orders
described in such Act shall apply in the same manner and to
the same extent to members of the Service who are posted
abroad at a Foreign Service post in accordance with this
Act.''.
(b) Clerical Amendment.--The table of contents in section 2
of the Foreign Service Act of 1980 is amended by inserting
after the item relating to section 906 the following new
item:
``Sec. 907. Termination of residential or motor vehicle leases and
telephone service contracts.''.
______
SA 4626. Mr. COONS submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. BUDGETARY TREATMENT OF EQUITY INVESTMENTS BY
UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE
CORPORATION.
(a) In General.--Section 1421(c) of the Better Utilization
of Investments Leading to Development Act of 2018 (22 U.S.C.
9621(c)) is amended by adding at the end the following:
``(7) Present value of equity account.--There is
established in the Treasury an account, to be known as the
`Present Value of Equity Account', to carry out this
subsection.
``(8) Budgetary treatment of equity investments.--
``(A) Calculation of costs of support.--Subject to
subparagraph (B), the cost of support provided under
paragraph (1) shall be estimated on a present value basis,
excluding administrative costs and any incidental effects on
governmental receipts or outlays.
``(B) Determination of cost.--
``(i) In general.--The cost of support provided under
paragraph (1) with respect to a project shall be the net
present value, at the time when funds are disbursed to
provide the support, of the following estimated cash flows:
``(I) The purchase price of the support.
``(II) Dividends, redemptions, and other shareholder
distributions during the term of the support.
``(III) Proceeds received upon a sale, redemption, or other
liquidation of the support.
``(IV) Foreign currency fluctuations, in the case of
support denominated in foreign currencies.
``(V) Any other relevant cash flow.
``(ii) Changes in terms included.--The estimated cash flows
described in subclauses (I) through (V) of clause (i) shall
include the effects of changes in terms resulting from the
exercise of options included in the agreement to provide the
support.
[[Page S8151]]
``(iii) Discount rate.--The discount rate shall be the
average interest rate on marketable Treasury securities of
similar maturity to support provided under paragraph (1).
``(C) Coordination.--The Director of the Office of
Management and Budget shall be responsible for coordinating
the cost estimates required by this paragraph.
``(D) Transfer.--Upon approval by the Director of the
Office of Management and Budget, and subject to the
availability of appropriations, an amount equal to the cost
of support determined under subparagraphs (A) and (B) shall
be transferred from the Corporate Capital Account to the
Present Value of Equity Account.
``(E) Differential amount.--
``(i) Appropriation.--For any fiscal year, upon the
transfer of an amount pursuant to subparagraph (D), and
contingent upon the enactment of a limitation establishing an
aggregate differential amount in an appropriations Act for
that fiscal year, an amount equal to the differential amount
shall be appropriated, out of any money in the Treasury not
otherwise appropriated, to the Present Value of Equity
Account.
``(ii) Treatment as direct spending.--An amount
appropriated pursuant to clause (i) shall be recorded as
direct spending (as defined by section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900(c)(8)).
``(iii) Budgetary effects.--The following shall apply to
budget enforcement under the Congressional Budget Act of 1974
(2 U.S.C. 601 et seq.), the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), and the
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et seq.):
``(I) Future appropriations.--Any amount appropriated
pursuant to clause (i) shall not be recorded as budget
authority or outlays for purposes of any estimate under the
Congressional Budget Act of 1974 or the Balanced Budget and
Emergency Deficit Control Act of 1985.
``(II) Statutory paygo scorecards.--The budgetary effects
of any amounts appropriated pursuant to clause (i) shall not
be entered on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay As-You-Go Act of 2010 (2
U.S.C. 933(d)).
``(III) Senate paygo scorecards.--The budgetary effects of
any amounts appropriated pursuant to clause (i) shall not be
entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
``(IV) Elimination of credit for cancellation or rescission
of differential.--If there is enacted into law an Act that
rescinds or reduces an amount appropriated pursuant to clause
(i), the amount of any such rescission or reduction shall not
be--
``(aa) estimated as a reduction in direct spending under
the Congressional Budget Act of 1974 or the Balanced Budget
and Emergency Deficit Control Act of 1985; or
``(bb) entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay As-You-Go Act
of 2010 or any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
``(iv) Differential amount defined.--In this subparagraph,
the term `differential amount' means--
``(I) except as provided in subclause (II), the difference
between the cost of support provided under paragraph (1), as
determined under subparagraphs (A) and (B), and the purchase
price of the equity investment involved; or
``(II) if the cost of support is determined under
subparagraph (B) to be zero, the purchase price of the equity
investment involved.
``(F) Purchases of equity under this section.--Purchases of
equity products by the Corporation under this subsection
shall be made at the face value of the equity purchased, by
combining the cost, as defined in subparagraph (B) and the
differential amount (as defined in subparagraph (E)(iv)).
``(G) Limitation.--The budgetary treatment described in
this paragraph applies only with respect to purchases of
equity made pursuant to this subsection.
``(H) Implementation.--The Corporation shall submit to the
appropriate congressional committees a notice of the
effective date of this paragraph.
``(9) Miscellaneous receipts from dividends and sales of
equity purchases.--Any proceeds related to the purchase or
sale equity investments under this subsection shall be
deposited into the Treasury as miscellaneous receipts.''.
(b) Conforming Amendments.--Section 1434 of the Better
Utilization of Investments Leading to Development Act of 2018
(22 U.S.C. 9634) is amended--
(1) in subsection (b)(6), by inserting after ``guaranties''
the following: ``or any transactions and associated income
recorded using the budgetary treatment described in section
1421(c)(8)'';
(2) in subsection (d)(2), by inserting ``and excluding
investments equity and related income associated with
purchases using the budgetary treatment described in section
1421(c)(8),'' after ``guaranties,''; and
(3) in subsection (h), by striking ``earnings collected
related to equity investments,''.
______
SA 4627. Mr. KAINE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end title VI, add the following:
SEC. 607. ADDITIONAL SOURCES OF FUNDS AVAILABLE FOR
CONSTRUCTION, REPAIR, IMPROVEMENT, AND
MAINTENANCE OF COMMISSARY STORES.
Section 2484(h) of title 10, United States Code, is
amended--
(1) in paragraph (5), by adding at the end the following
new subparagraphs:
``(F) Contributions for any purpose set forth in paragraph
(1) in connection with an agreement with a host nation.
``(G) Amounts appropriated for repair or reconstruction of
a commissary store in response to a disaster or emergency.'';
and
(2) by adding at the end the following new paragraph:
``(6) In addition to the revenues specified in paragraph
(5) deposited into the account used for commissary store
surcharge collections, amounts may be transferred to such
account from the following sources and used for the purposes
set forth in paragraphs (1), (2), and (3):
``(A) Balances in nonappropriated and appropriated fund
accounts of the Department of Defense, including Defense
Working Capital Fund accounts, derived from improved
management practices implemented pursuant to sections
2481(c)(3), 2485(b), and 2487(c) of this title.
``(B) Balances in Defense Working Capital Fund commissary
operations accounts derived from the variable pricing program
implemented pursuant to subsection (i).''.
______
SA 4628. Mr. BENNET (for himself, Mr. Hickenlooper, and Mr. Cramer)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1516. CONSORTIUM OF INSTITUTIONS OF HIGHER EDUCATION FOR
SPACE TECHNOLOGY DEVELOPMENT.
(a) Establishment of Consortium.--Not later than 180 days
after the date of the enactment of this Act, the Chief of
Space Operations, in coordination with the Chief Technology
and Innovation Office of the Space Force, shall establish a
consortium, led by 1 or more institutions of higher education
(as defined in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a))), for space technology development.
(b) Support.--The consortium established under subsection
(a) shall support the research, development, and
demonstration needs of the Space Force, including by
addressing and facilitating the advancement of capabilities
related to--
(1) space domain awareness;
(2) position, navigation, and timing;
(3) autonomy;
(4) data analytics;
(5) communications;
(6) space-based power generation; and
(7) space applications for cybersecurity.
(c) Education and Training.--The consortium established
under subsection (a) shall--
(1) promote education and training for students in order to
support the future national security space workforce of the
United States; and
(2) explore opportunities for international collaboration.
(d) Additional Funding.--
(1) In general.--The amount authorized to be appropriated
for fiscal year 2022 by section 201 for the use of the
Department of Defense for research, development, test, and
evaluation, Space Force, and available for space technology,
as specified in the funding table in section 4201, is hereby
increased by $7,500,000.
(2) Availability.--The amount available under paragraph (1)
shall be available for the consortium established under
subsection (a).
______
SA 4629. Ms. DUCKWORTH (for herself, Mrs. Gillibrand, Mr. Bennet, Mr.
Heinrich, Mr. King, Mr. Moran, and Mrs. Feinstein) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
[[Page S8152]]
SEC. 1216. AFGHANISTAN WAR COMMISSION ACT OF 2021.
(a) Short Title.--This section may be cited as the
``Afghanistan War Commission Act of 2021''.
(b) Definitions.--In this section:
(1) Applicable period.--The term ``applicable period''
means the period beginning June 1, 2001, and ending August
30, 2021.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(c) Establishment of Commission.--
(1) Establishment.--There is established in the legislative
branch an independent commission to be known as the
Afghanistan War Commission (in this section referred to as
the ``Commission'').
(2) Membership.--
(A) Composition.--The Commission shall be composed of 16
members of whom--
(i) 1 shall be appointed by the Chairman of the Committee
on Armed Services of the Senate;
(ii) 1 shall be appointed by the ranking member of the
Committee on Armed Services of the Senate;
(iii) 1 shall be appointed by the Chairman of the Committee
on Armed Services of the House of Representatives;
(iv) 1 shall be appointed by the ranking member of the
Committee on Armed Services of the House of Representatives;
(v) 1 shall be appointed by the Chairman of the Committee
on Foreign Relations of the Senate;
(vi) 1 shall be appointed by the ranking member of the
Committee on Foreign Relations of the Senate;
(vii) 1 shall be appointed by the Chairman of the Committee
on Foreign Affairs of the House of Representatives;
(viii) 1 shall be appointed by the ranking member of the
Committee on Foreign Affairs of the House of Representatives;
(ix) 1 shall be appointed by the Chairman of the Select
Committee on Intelligence of the Senate;
(x) 1 shall be appointed by the ranking member of the
Select Committee on Intelligence of the Senate.
(xi) 1 shall be appointed by the Chairman of the Permanent
Select Committee on Intelligence of the House of
Representatives;
(xii) 1 shall be appointed by the ranking member of the
Permanent Select Committee on Intelligence of the House of
Representatives;
(xiii) 1 shall be appointed by the majority leader of the
Senate;
(xiv) 1 shall be appointed by the minority leader of the
Senate;
(xv) 1 shall be appointed by the Speaker of the House of
Representatives; and
(xvi) 1 shall be appointed by the Minority Leader of the
House of Representatives.
(B) Qualifications.--It is the sense of Congress that each
member of the Commission appointed under subparagraph (A)
should have significant professional experience in national
security, such as a position in--
(i) the Department of Defense;
(ii) the Department of State;
(iii) the intelligence community;
(iv) the United States Agency for International
Development; or
(v) an academic or scholarly institution.
(C) Prohibitions.--A member of the Commission appointed
under subparagraph (A) may not--
(i) be a current member of Congress;
(ii) be a former member of Congress who served in Congress
after January 3, 2001;
(iii) be a current or former registrant under the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
(iv) have previously investigated Afghanistan policy or the
war in Afghanistan through employment in the office of a
relevant inspector general;
(v) have been the sole owner or had a majority stake in a
company that held any United States or coalition defense
contract providing goods or services to activities by the
United States Government or coalition in Afghanistan during
the applicable period; or
(vi) have served, with direct involvement in actions by the
United States Government in Afghanistan during the time the
relevant official served, as--
(I) a cabinet secretary or national security adviser to the
President; or
(II) a four-star flag officer, Under Secretary, or more
senior official in the Department of Defense or the
Department of State.
(D) Date.--
(i) In general.--The appointments of the members of the
Commission shall be made not later than 60 days after the
date of enactment of this Act.
(ii) Failure to make appointment.--If an appointment under
subparagraph (A) is not made by the appointment date
specified in clause (i)--
(I) the authority to make such appointment shall expire;
and
(II) the number of members of the Commission shall be
reduced by the number equal to the number of appointments not
made.
(3) Period of appointment; vacancies.--
(A) In general.--A member of the Commission shall be
appointed for the life of the Commission.
(B) Vacancies.--A vacancy in the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment.
(4) Meetings.--
(A) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the first meeting of the
Commission.
(B) Frequency.--The Commission shall meet at the call of
the Co-Chairpersons.
(C) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(5) Co-chairpersons.--The Commission shall select, by a
simple majority vote--
(A) 1 Co-Chairperson from the members of the Commission
appointed by chairpersons of the appropriate congressional
committees; and
(B) 1 Co-Chairperson from the members of the Commission
appointed by the ranking members of the appropriate
congressional committees.
(d) Purpose of Commission.-- The purpose of the Commission
is--
(1) to examine the key strategic, diplomatic, and
operational decisions that pertain to the war in Afghanistan
during the relevant period, including decisions, assessments,
and events that preceded the war in Afghanistan; and
(2) to develop a series of lessons learned and
recommendations for the way forward that will inform future
decisions by Congress and policymakers throughout the United
States Government.
(e) Duties of Commission.--
(1) Study.--
(A) In general.--The Commission shall conduct a thorough
study of all matters relating to combat operations,
reconstruction and security force assistance activities,
intelligence operations, and diplomatic activities of the
United States pertaining to the Afghanistan during the period
beginning September 1, 1996, and ending August 30, 2021.
(B) Matters studied.--The matters studied by the Commission
shall include--
(i) for the time period specified under subparagraph (A)--
(I) the policy objectives of the United States Government,
including--
(aa) military objectives;
(bb) diplomatic objectives;
(cc) development objectives; and
(dd) intelligence objectives;
(II) significant decisions made by the United States,
including the development of options presented to
policymakers;
(III) the efficacy of efforts by the United States
Government in meeting the objectives described in clause (i),
including an analysis of --
(aa) military efforts;
(bb) diplomatic efforts;
(cc) development efforts; and
(dd) intelligence efforts; and
(IV) the efficacy of counterterrorism efforts against al
Qaeda, the Islamic State Khorasan Province, and other foreign
terrorist organizations in degrading the will and
capabilities of such organizations--
(aa) to mount external attacks against the United States
mainland or its allies and partners; or
(bb) to threaten regional stability in Afghanistan and
neighboring countries.
(ii) the efficacy of metrics, measures of effectiveness,
and milestones used to assess progress of diplomatic,
military, and intelligence efforts;
(iii) the efficacy of interagency planning and execution
process by the United States Government;
(iv) factors that led to the collapse of the Afghan
National Defense Security Forces in 2021, including--
(I) training;
(II) assessment methodologies;
(III) building indigenous forces on western models;
(IV) reliance on technology and logistics support; and
(V) reliance on warfighting enablers provided by the United
States;
(v) the efficacy of counter-corruption efforts to include
linkages to diplomatic lines of effort, linkages to foreign
and security assistance, and assessment methodologies;
(vi) the efficacy of counter-narcotic efforts to include
alternative livelihoods, eradication, interdiction, and
education efforts;
(vii) the role of countries neighboring Afghanistan in
contributing to the instability of Afghanistan; and
(viii) varying diplomatic approaches between Presidential
administrations.
(2) Report required.--
(A) In general.--
(i) Annual report.--
[[Page S8153]]
(I) In general.--Not later than 1 year after the date of
the initial meeting of the Commission, and annually
thereafter, the Commission shall submit to the appropriate
congressional committees a report describing the progress of
the activities of the Commission as of the date of such
report, including any findings, recommendations, or lessons
learned endorsed by the Commission.
(II) Addenda.--Any member of the Commission may submit an
addendum to a report required under subclause (I) setting
forth the separate views of such member with respect to any
matter considered by the Commission.
(III) Briefing.--On the date of the submission of the first
annual report, the Commission shall brief Congress.
(ii) Final report.--
(I) Submission.--Not later than 3 years after the date of
the initial meeting of the Commission, the Commission shall
submit to Congress a report that contains a detailed
statement of the findings, recommendations, and lessons
learned endorsed by the Commission.
(II) Addenda.--Any member of the Commission may submit an
addendum to the report required under subclause (I) setting
forth the separate views of such member with respect to any
matter considered by the Commission.
(III) Extension.--The Commission may submit the report
required under subclause (I) at a date that is not more than
1 year later than the date specified in such clause if agreed
to by the chairperson and ranking member of each of the
appropriate congressional committees.
(B) Form.--The report required by paragraph (1)(B) shall be
submitted and publicly released on a Government website in
unclassified form but may contain a classified annex.
(C) Subsequent reports on declassification.--
(i) In general.--Not later than 4 years after the date that
the report required by subparagraph (A)(ii) is submitted,
each relevant agency of jurisdiction shall submit to the
committee of jurisdiction a report on the efforts of such
agency to declassify such annex.
(ii) Contents.--Each report required by clause (i) shall
include--
(I) a list of the items in the classified annex that the
agency is working to declassify at the time of the report and
an estimate of the timeline for declassification of such
items;
(II) a broad description of items in the annex that the
agency is declining to declassify at the time of the report;
and
(III) any justification for withholding declassification of
certain items in the annex and an estimate of the timeline
for declassification of such items.
(f) Powers of Commission.--
(1) Hearings.--The Commission may hold such hearings, take
such testimony, and receive such evidence as the Commission
considers necessary to carry out its purpose and functions
under this section.
(2) Assistance from federal agencies.--
(A) Information.--
(i) In general.--The Commission may secure directly from a
Federal department or agency such information as the
Commission considers necessary to carry out this section.
(ii) Furnishing information.--Upon receipt of a written
request by the Co-Chairpersons of the Commission, the head of
the department or agency shall expeditiously furnish the
information to the Commission.
(B) Space for commission.--Not later than 30 days after the
date of the enactment of this Act, the Administrator of
General Services, in consultation with the Commission, shall
identify and make available suitable excess space within the
Federal space inventory to house the operations of the
Commission. If the Administrator of General Services is not
able to make such suitable excess space available within such
30-day period, the Commission may lease space to the extent
that funds are available for such purpose.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services, goods, and property from non-
Federal entities for the purposes of aiding and facilitating
the work of the Commission. The authority in this subsection
does not extend to gifts of money. Gifts accepted under this
authority shall be documented, and conflicts of interest or
the appearance of conflicts of interest shall be avoided.
Subject to the authority in this section, commissioners shall
otherwise comply with rules set forth by the Select Committee
on Ethics of the Senate and the Committee on Ethics of the
House of Representatives governing employees of the Senate
and the House of Representatives.
(5) Legislative advisory committee.--The Commission shall
operate as a legislative advisory committee and shall not be
subject to the provisions of the Federal Advisory Committee
Act (Public Law 92-463; 5 U.S.C. App) or section 552b, United
States Code (commonly known as the Government in the Sunshine
Act).
(g) Commission Personnel Matters.--
(1) Compensation of members.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) Staff.--
(A) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the commission shall be deemed
to be Federal employees.
(B) Executive director.--The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161(d) of title 5, United States
Code.
(C) Pay.--The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission in accordance
with section 3161(d) of title 5, United States Code.
(4) Detail of government employees.--A Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Co-Chairpersons of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of that title.
(h) Termination of Commission.--The Commission shall
terminate 90 days after the date on which the Commission
submits the report required under subsection (e)(2)(A)(ii).
(i) Authorization of Appropriations.--
(1) In general.--Of the funds appropriated to the
legislative branch, $3,000,000 from the Afghanistan Security
Forces Fund may be made available to carry out the activities
of the Commission.
(2) Availability.--Any sums appropriated under the
authorization contained in this section shall remain
available, without fiscal year limitation, until the date of
the termination of the Commission under subsection (h).
______
SA 4630. Ms. BALDWIN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. OFFICE OF SUPPLY CHAIN RESILIENCY.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Supply Chain
Resiliency.
(2) Critical product.--The term ``critical product'' means
a product that is critical to the national security, economic
security, or public health of the United States.
(3) Eligible entity.--The term ``eligible entity''--
(A) means a manufacturer that--
(i) produces not less than 1 good at a facility in the
United States; and
(ii) is a small business concern; and
(B) may include a manufacturer that is not a small business
concern if the Secretary determines that providing expansion
support to the manufacturer under subsection (c) would be in
the public interest.
(4) Office.--The term ``Office'' means the Office of Supply
Chain Resiliency.
(5) Program.--The term ``Program'' means the Supply Chain
Monitoring and Resiliency Program established under
subsection (c)(1).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(7) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
(b) Office of Supply Chain Resiliency.--
(1) Establishment.--The Secretary shall establish within
the Department of Commerce the Office of Supply Chain
Resiliency.
(2) Assistant secretary.--The Office shall be headed by the
Assistant Secretary of Commerce for Supply Chain Resiliency,
who shall be appointed by the Secretary.
(3) Responsibilities of the assistant secretary.--The
Assistant Secretary shall--
(A) administer the Supply Chain Monitoring and Resiliency
Program;
(B) hire each employee of the Office; and
(C) issue regulations necessary to carry out this Act.
(c) Supply Chain Monitoring and Resiliency Program.--
[[Page S8154]]
(1) Establishment.--The Assistant Secretary shall establish
within the Office the Supply Chain Resiliency Program.
(2) Objectives.--The objectives of the Program shall be
to--
(A) monitor and research interstate commerce and supply
chains in the United States to identify vulnerabilities in
supply chains that--
(i) produce products that are critical to the national
security, economic security, and public health of the United
States; and
(ii) produce products in emerging technologies; and
(B) improve the supply in the United States of critical
products in supply chains identified under subparagraph (A)
by providing expansion support to eligible entities.
(3) Supply chain research.--
(A) In general.--Under the Program, the Assistant Secretary
shall conduct research and analysis to identify supply chains
that are--
(i) experiencing supply shortages; or
(ii) vulnerable to experiencing supply shortages.
(B) Supply chain vulnerabilities.--For the purpose of
subparagraph (A), a supply chain that is experiencing a
supply shortage or vulnerable to experiencing a supply
shortage shall include a supply chain within which there is--
(i) a critical product--
(I) of which there is a supply shortage or price spike due
to a limited supply of the critical product; or
(II) that is in danger of experiencing a supply shortage or
price spike due to a limited supply of the product;
(ii) a manufacturer in the United States that is the sole
supplier, or that is in danger of becoming the sole supplier,
in the supply chain of a critical product;
(iii) a manufacturer in the United States of a critical
product that cannot make investments in property, a plant,
and equipment necessary to expand the production of the
critical product due to a lack of access to low-cost, long-
term capital;
(iv) a manufacturer in the United States that has reduced
output of a critical product because--
(I) the necessary inputs to manufacture the critical
product are unavailable due to a supply shortage or
transportation disruption;
(II) the cost of necessary inputs to manufacture the
critical product have increased because of a supply shortage;
or
(III) the critical product cannot be delivered due to a
transportation disruption; and
(v) any other supply chain disruption identified by the
Assistant Secretary that results in, or could result in,
increased prices and supply shortages for a critical product.
(C) Methods.--In conducting the research and analysis
required under subparagraph (A), the Assistant Secretary
may--
(i) conduct surveys of industry;
(ii) analyze market data, including consumer price indices
and the components of those indices; and
(iii) convene meetings with manufacturers, suppliers,
consumers, retailers, labor organizations, and other
constituents of supply chains in the United States.
(D) Supply shock stress tests.--The Assistant Secretary may
conduct stress tests to simulate the impact of hypothetical
supply chain shocks on--
(i) supply chains for critical products in the United
States; and
(ii) manufacturers in the United States that comprise the
supply chains described in clause (i) by--
(I) producing critical products;
(II) supplying inputs to critical products; or
(III) buying critical products as an input for the
manufactured goods of the manufacturer.
(E) Eligibility for expansion support.--In identifying
entities that may be eligible to receive expansion support
under paragraph (4)(A), the Assistant Secretary--
(i) shall use data gathered from the research conducted
under subparagraph (A); and
(ii) may use results of the stress tests conducted under
subparagraph (D).
(4) Supply chain resiliency expansion support.--
(A) In general.--Under the Program, the Assistant Secretary
shall provide expansion support to eligible entities in the
form of--
(i) loans;
(ii) loan guaranties on private markets; and
(iii) grants.
(B) Use of expansion support.--An eligible entity that
receives expansion support under subparagraph (A) shall use
the expansion support to expand production of a product that
is part of a supply chain identified under paragraph (3)(A).
(C) Terms and conditions of expansion support.--
(i) In general.--An eligible entity that receives expansion
support under subparagraph (A) shall agree to--
(I) maintain production of a critical product in the United
States;
(II) comply with the labor standards required under clause
(ii); and
(III) any other terms or conditions the Assistant Secretary
may require in order to achieve the objectives of the
Program.
(ii) Labor-management cooperation.--
(I) In general.--Notwithstanding any other provision of
law, including the National Labor Relations Act (29 U.S.C.
151 et seq.), this subparagraph shall apply with respect to
any recipient of funding under this section who is an
employer and any labor organization who represents or seeks
to represent any employees or only those employees who
perform or will perform work funded under this section.
(II) Recognition.--Any employer receiving funds under this
section shall recognize for purposes of collective bargaining
a labor organization that demonstrates that a majority of the
employees in a unit appropriate for such purposes and who
perform or will perform work funded under this section have
signed valid authorizations designating the labor
organization as their collective bargaining representative
and that no other labor organization is certified or
recognized pursuant to section 9 of the National Labor
Relations Act (29 U.S.C. 159) as the exclusive representative
of any of the employees in the unit who perform or will
perform such work. Upon such showing of majority status, the
employer shall notify the labor organization and the National
Labor Relations Board that the employer--
(aa) has determined that the labor organization represents
a majority of the employees in such unit who perform or will
perform such work; and
(bb) is recognizing the labor organization as the exclusive
representative of the employees in such unit who perform or
will perform such work for the purposes of collective
bargaining pursuant to that section.
(III) Dispute resolution and unit certification.--If a
dispute over majority status or the appropriateness of the
unit described in subclause (II) arise between the employer
and the labor organization, either party may request that the
National Labor Relations Board investigate and resolve the
dispute. If the Board finds that a majority of the employees
in a unit appropriate for purposes of collective bargaining
who perform or will perform work funded under this section
has signed valid authorizations designating the labor
organization as their representative for such purposes and
that no other individual or labor organization is certified
or recognized as the exclusive representative of any of the
employees in the unit who perform or will perform such work
for such purposes, the Board shall not direct an election but
shall certify the labor organization as the representative
described in section 9(a) of the National Labor Relations Act
(29 U.S.C. 159(a)).
(IV) Meetings and collective bargaining agreements.--Not
later than 10 days after an employer receiving funding under
this subsection receives a written request for collective
bargaining from a recognized or certified labor organization
representing employees who perform or will perform work
funded under this subsection, or within such period as the
parties agree upon, the labor organization and employer shall
meet and commence to bargain collectively and shall make
every reasonable effort to conclude and sign a collective
bargaining agreement.
(V) Mediation and conciliation.--If, after the expiration
of the 90-day period beginning on the date on which
collective bargaining is commenced under subclause (IV), or
such additional period as the parties may agree upon, the
parties have failed to reach an agreement, either party may
notify the Federal Mediation and Conciliation Service
(referred to in this clause as the ``Service'') of the
existence of a dispute and request mediation. Whenever such a
request is received, it shall be the duty of the Service
promptly to put itself in communication with the parties and
to use its best efforts, by mediation and conciliation, to
bring them to agreement.
(VI) Tripartite arbitration.--
(aa) In general.--If, after the expiration of the 30-day
period beginning on the date on which the request for
mediation is made under subclause (V), or such additional
period as the parties may agree upon, the Service is not able
to bring the parties to agreement by mediation and
conciliation, the Service shall refer the dispute to a
tripartite arbitration panel established in accordance with
such regulations as may be prescribed by the Service.
(bb) Members.--A tripartite arbitration panel established
under this subclause with respect to a dispute shall be
composed of 1 member selected by the labor organization, 1
member selected by the employer, and 1 neutral member
mutually agreed to by the labor organization and the
employer. Each such member shall be selected not later than
14 days after the expiration of the 30-day period described
in item (aa) with respect to such dispute. Any member not so
selected by the date that is 14 days after the expiration of
such period shall be selected by the Service.
(cc) Decisions.--A majority of a tripartite arbitration
panel established under this subclause with respect to a
dispute shall render a decision settling the dispute as soon
as practicable, and (absent extraordinary circumstances or by
agreement or permission of the parties) not later than 120
days after the establishment of such panel. Such a decision
shall be binding upon the parties for a period of 2 years,
unless amended during such period by written consent of the
parties. Such decision shall be based on--
(AA) the financial status and prospects of the employer;
(BB) the size and type of the operations and business of
the employer;
(CC) the cost of living of the employees;
(DD) the ability of the employees to sustain themselves,
their families, and their dependents on the wages and
benefits they earn from the employer; and
[[Page S8155]]
(EE) the wages and benefits other employers in the same
business provide their employees.
(VII) Contractors and subcontractors.--Any employer
receiving funds under this subsection to procure goods or
services shall require a contractor or subcontractor, whose
employees perform or will perform work funded under this
subsection, that contracts or subcontracts with the employer
to comply with the requirements set forth in subclauses (I)
through (VI).
(VIII) Definitions.--In this clause, the terms
``employee'', ``employer'', and ``labor organization'' have
the meanings given the terms in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(iii) Limitation of funds.--Funds appropriated to carry out
this section shall not be used to assist, promote, or deter
organizing of labor organizations.
(5) Supply chain resiliency fund.--
(A) Establishment.--There is established a Supply Chain
Resiliency Fund for the purpose of funding loans, loan
guaranties, and grants under the Program.
(B) Financial operations of the supply chain resiliency
fund.--
(i) In general.--The Assistant Secretary shall use the
funds in the Supply Chain Resiliency Fund to finance loans,
loan guaranties, and grants to eligible entities under the
Program.
(ii) Reserve ratio.--The Assistant Secretary shall not lend
in excess of 10 times the capital in reserve in the Supply
Chain Resiliency Fund.
(iii) Interest rate.--The Assistant Secretary shall
establish interest rates for loans, loan guaranties, and
other instruments as the Secretary considers appropriate,
taking into account--
(I) the objectives of the Program described in section
paragraph (2); and
(II) the cost of capital experienced by foreign competitors
to the beneficiaries of the support provided under this
subsection.
(6) Authorization of appropriations.--There are authorized
to be appropriated to the Assistant Secretary $5,000,000,000
for each of fiscal years 2023 through 2027 to carry out the
Program, of which $4,000,000,000 shall be deposited into the
Supply Chain Resiliency Fund established under paragraph (5).
______
SA 4631. Mr. ROMNEY (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1216. SENSE OF CONGRESS ON ALLIES AND PARTNERS ASSISTING
EVACUATION FROM AFGHANISTAN.
It is the sense of Congress that--
(1) following the Afghan Taliban takeover of the Islamic
Republic of Afghanistan, Albania, Australia, Bahrain,
Georgia, Germany, Greece, India, Indonesia, Italy, Japan,
Kosovo, Kuwait, New Zealand, North Macedonia, Norway, Mexico,
Philippines, Qatar, Rwanda, Saudi Arabia, South Korea, Spain,
Sudan, Uganda, Ukraine, the United Arab Emirates, the United
Kingdom, and the Self-Declared Independent Republic of
Somaliland responded to the United States' request for
assistance in the effort to evacuate and support thousands of
United States citizens, lawful permanent residents of the
United States, vulnerable Afghans, and their families; and
(2) the United States values the vital contributions of
these partners and allies to the evacuation effort and is
grateful for their support of this critical humanitarian
mission.
______
SA 4632. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--National Emergencies Act Reform
SEC. 1071. SHORT TITLE.
This subtitle may be cited as the ``Assuring that Robust,
Thorough, and Informed Congressional Leadership is Exercised
Over National Emergencies Act'' or the ``ARTICLE ONE Act''.
SEC. 1072. REQUIREMENTS RELATING TO DECLARATION AND RENEWAL
OF NATIONAL EMERGENCIES.
Section 201 of the National Emergencies Act (50 U.S.C.
1621) is amended to read as follows:
``SEC. 201. DECLARATIONS AND RENEWALS OF NATIONAL
EMERGENCIES.
``(a) Authority To Declare National Emergencies.--With
respect to Acts of Congress authorizing the exercise, during
the period of a national emergency, of any special or
extraordinary power, the President is authorized to declare
such a national emergency by proclamation. Such proclamation
shall immediately be transmitted to Congress and published in
the Federal Register.
``(b) Specification of Provisions of Law To Be Exercised.--
``(1) In general.--No powers or authorities made available
by statute for use during the period of a national emergency
shall be exercised unless and until the President specifies
the provisions of law under which the President proposes that
the President or other officers will act in--
``(A) a proclamation declaring a national emergency under
subsection (a); or
``(B) one or more Executive orders relating to the
emergency published in the Federal Register and transmitted
to Congress.
``(2) Limitations.--The President may--
``(A) specify under paragraph (1) only provisions of law
that make available powers and authorities that relate to the
nature of the national emergency; and
``(B) exercise such powers and authorities only to address
the national emergency.
``(c) Temporary Effective Periods.--
``(1) In general.--A declaration of a national emergency
under subsection (a) may last for 30 days from the issuance
of the proclamation (not counting the day on which the
proclamation was issued) and shall terminate when that 30-day
period expires unless there is enacted into law a joint
resolution of approval under section 203 with respect to the
proclamation.
``(2) Exercise of powers and authorities.--Any power or
authority made available under a provision of law described
in subsection (a) and specified pursuant to subsection (b)
may be exercised for 30 days from the issuance of the
proclamation or Executive order (not counting the day on
which such proclamation or Executive order was issued). That
power or authority cannot be exercised once that 30-day
period expires, unless there is enacted into law a joint
resolution of approval under section 203 approving--
``(A) the proclamation of the national emergency or the
Executive order; and
``(B) the exercise of the power or authority specified by
the President in such proclamation or Executive order.
``(3) Exception if congress is unable to convene.--If
Congress is physically unable to convene as a result of an
armed attack upon the United States or another national
emergency, the 30-day periods described in paragraphs (1) and
(2) shall begin on the first day Congress convenes for the
first time after the attack or other emergency.
``(d) Prohibition on Subsequent Actions if Emergencies Not
Approved.--
``(1) Subsequent declarations.--If a joint resolution of
approval is not enacted under section 203 with respect to a
national emergency before the expiration of the 30-day period
described in subsection (c), or with respect to a national
emergency proposed to be renewed under subsection (e), the
President may not, during the remainder of the term of office
of that President, declare a subsequent national emergency
under subsection (a) with respect to the same circumstances.
``(2) Exercise of authorities.--If a joint resolution of
approval is not enacted under section 203 with respect to a
power or authority specified by the President in a
proclamation under subsection (a) or an Executive order under
subsection (b)(1)(B) with respect to a national emergency,
the President may not, during the remainder of the term of
office of that President, exercise that power or authority
with respect to that emergency.
``(e) Renewal of National Emergencies.--A national
emergency declared by the President under subsection (a) or
previously renewed under this subsection, and not already
terminated pursuant to subsection (c) or section 202(a),
shall terminate on a date that is not later than one year
after the President transmitted to Congress the proclamation
declaring the emergency under subsection (a) or Congress
approved a previous renewal pursuant to this subsection,
unless--
``(1) the President publishes in the Federal Register and
transmits to Congress an Executive order renewing the
emergency; and
``(2) there is enacted into law a joint resolution of
approval renewing the emergency pursuant to section 203
before the termination of the emergency or previous renewal
of the emergency.
``(f) Effect of Future Laws.--No law enacted after the date
of the enactment of this Act shall supersede this title
unless it does so in specific terms, referring to this title,
and declaring that the new law supersedes the provisions of
this title.''.
SEC. 1073. TERMINATION OF NATIONAL EMERGENCIES.
Section 202 of the National Emergencies Act (50 U.S.C.
1622) is amended to read as follows:
``SEC. 202. TERMINATION OF NATIONAL EMERGENCIES.
``(a) In General.--Any national emergency declared by the
President under section 201(a) shall terminate on the
earliest of--
``(1) the date provided for in section 201(c);
``(2) the date on which Congress, by statute, terminates
the emergency;
``(3) the date on which the President issues a proclamation
terminating the emergency; or
``(4) the date provided for in section 201(e).
[[Page S8156]]
``(b) 5-Year Limitation.--Under no circumstances may a
national emergency declared by the President under section
201(a) continue on or after the date that is 5 years after
the date on which the national emergency was first declared.
``(c) Effect of Termination.--
``(1) In general.--Effective on the date of the termination
of a national emergency under subsection (a) or (b)--
``(A) except as provided by paragraph (2), any powers or
authorities exercised by reason of the emergency shall cease
to be exercised;
``(B) any amounts reprogrammed or transferred under any
provision of law with respect to the emergency that remain
unobligated on that date shall be returned and made available
for the purpose for which such amounts were appropriated; and
``(C) any contracts entered into under any provision of law
relating to the emergency shall be terminated.
``(2) Savings provision.--The termination of a national
emergency shall not moot--
``(A) any legal action taken or pending legal proceeding
not finally concluded or determined on the date of the
termination under subsection (a) or (b); or
``(B) any legal action or legal proceeding based on any act
committed prior to that date.''.
SEC. 1074. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
Title II of the National Emergencies Act (50 U.S.C. 1621 et
seq.) is amended by adding at the end the following:
``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
``(a) Joint Resolutions of Approval and of Termination.--
``(1) Definitions.--In this section:
``(A) Joint resolution of approval.--The term `joint
resolution of approval' means a joint resolution that
contains only the following provisions after its resolving
clause:
``(i) A provision approving--
``(I) a proclamation of a national emergency made under
section 201(a);
``(II) an Executive order issued under section
201(b)(1)(B); or
``(III) an Executive order issued under section 201(e).
``(ii) A provision approving a list of all or a portion of
the provisions of law specified by the President under
section 201(b) in the proclamation or Executive order that is
the subject of the joint resolution.
``(B) Joint resolution of termination.--The term `joint
resolution of termination' means a joint resolution
terminating--
``(i) a national emergency declared under section 201(a);
or
``(ii) the exercise of any powers or authorities pursuant
to that emergency.
``(2) Procedures for consideration of joint resolutions of
approval.--
``(A) Introduction.--After the President transmits to
Congress a proclamation declaring a national emergency under
section 201(a), or an Executive order renewing an emergency
under section 201(e) or specifying emergency powers or
authorities under section 201(b)(1)(B), a joint resolution of
approval or a joint resolution of termination may be
introduced in either House of Congress by any member of that
House.
``(B) Requests to convene congress during recesses.--If,
when the President transmits to Congress a proclamation
declaring a national emergency under section 201(a), or an
Executive order renewing an emergency under section 201(e) or
specifying emergency powers or authorities under section
201(b)(1)(B), Congress has adjourned sine die or has
adjourned for any period in excess of 3 calendar days, the
Speaker of the House of Representatives and the President pro
tempore of the Senate, if they deem it advisable (or if
petitioned by at least one-third of the membership of their
respective Houses) shall jointly request the President to
convene Congress in order that it may consider the
proclamation or Executive order and take appropriate action
pursuant to this section.
``(C) Committee referral.--A joint resolution of approval
or a joint resolution of termination shall be referred in
each House of Congress to the committee or committees having
jurisdiction over the emergency authorities invoked pursuant
to the national emergency that is the subject of the joint
resolution.
``(D) Consideration in senate.--In the Senate, the
following rules shall apply:
``(i) Reporting and discharge.--If the committee to which a
joint resolution of approval or a joint resolution of
termination has been referred has not reported it at the end
of 10 calendar days after its introduction, that committee
shall be automatically discharged from further consideration
of the resolution and it shall be placed on the calendar.
``(ii) Proceeding to consideration.--Notwithstanding Rule
XXII of the Standing Rules of the Senate, when the committee
to which a joint resolution of approval or a joint resolution
of termination is referred has reported the resolution, or
when that committee is discharged under clause (i) from
further consideration of the resolution, it is at any time
thereafter in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to
the consideration of the joint resolution to be made, and all
points of order against the joint resolution (and against
consideration of the joint resolution) are waived. The motion
to proceed is subject to 4 hours of debate divided equally
between those favoring and those opposing the joint
resolution of approval or the joint resolution of
termination. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the
consideration of other business.
``(iii) Floor consideration.--A joint resolution of
approval or a joint resolution of termination shall be
subject to 10 hours of debate, to be divided evenly between
the proponents and opponents of the resolution.
``(iv) Amendments.--
``(I) In general.--Except as provided in subclause (II), no
amendments shall be in order with respect to a joint
resolution of approval or a joint resolution of termination.
``(II) Amendments to strike or add specified provisions of
law.--Subclause (I) shall not apply with respect to any
amendment to a joint resolution of approval to strike from or
add to the list required by paragraph (1)(A)(ii) a provision
or provisions of law specified by the President under section
201(b) in the proclamation or Executive order.
``(v) Motion to reconsider final vote.--A motion to
reconsider a vote on final passage of a joint resolution of
approval or of a joint resolution of termination shall not be
in order.
``(vi) Appeals.--Points of order, including questions of
relevancy, and appeals from the decision of the Presiding
Officer, shall be decided without debate.
``(E) Consideration in house of representatives.--In the
House of Representatives, if any committee to which a joint
resolution of approval or a joint resolution of termination
has been referred has not reported it to the House at the end
of 10 calendar days after its introduction, such committee
shall be discharged from further consideration of the joint
resolution, and it shall be placed on the appropriate
calendar. On Thursdays it shall be in order at any time for
the Speaker to recognize a Member who favors passage of a
joint resolution that has appeared on the calendar for at
least 3 calendar days to call up that joint resolution for
immediate consideration in the House without intervention of
any point of order. When so called up a joint resolution
shall be considered as read and shall be debatable for 1 hour
equally divided and controlled by the proponent and an
opponent, and the previous question shall be considered as
ordered to its passage without intervening motion. It shall
not be in order to reconsider the vote on passage. If a vote
on final passage of the joint resolution has not been taken
on or before the close of the tenth calendar day after the
resolution is reported by the committee or committees to
which it was referred, or after such committee or committees
have been discharged from further consideration of the
resolution, such vote shall be taken on that day.
``(F) Receipt of resolution from other house.--If, before
passing a joint resolution of approval or a joint resolution
of termination, one House receives from the other House a
joint resolution of approval or a joint resolution of
termination--
``(i) the joint resolution of the other House shall not be
referred to a committee and shall be deemed to have been
discharged from committee on the day it is received; and
``(ii) the procedures set forth in subparagraph (D) or (E),
as applicable, shall apply in the receiving House to the
joint resolution received from the other House to the same
extent as such procedures apply to a joint resolution of the
receiving House.
``(G) Rule of construction.--The enactment of a joint
resolution of approval or of a joint resolution of
termination under this subsection shall not be interpreted to
serve as a grant or modification by Congress of statutory
authority for the emergency powers of the President.
``(b) Rules of the House and the Senate.--Subsection (a) is
enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in the House in the case of joint resolutions of
approval, and supersede other rules only to the extent that
it is inconsistent with such other rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
SEC. 1075. REPORTING REQUIREMENTS.
Section 401 of the National Emergencies Act (50 U.S.C.
1641) is amended by adding at the end the following:
``(d) Report on Emergencies.--The President shall transmit
to Congress, with any proclamation declaring a national
emergency under section 201(a), or Executive order renewing
an emergency under section 201(e) or specifying emergency
powers or authorities under section 201(b)(1)(B), a report,
in writing, that includes the following:
``(1) A description of the circumstances necessitating the
declaration of a national emergency, the renewal of such an
emergency, or the use of a new emergency authority specified
in the Executive order, as the case may be.
``(2) The estimated duration of the national emergency.
``(3) A summary of the actions the President or other
officers intend to take, including any reprogramming or
transfer of funds,
[[Page S8157]]
and the statutory authorities the President and such officers
expect to rely on in addressing the national emergency.
``(4) In the case of a renewal of a national emergency, a
summary of the actions the President or other officers have
taken in the preceding one-year period, including any
reprogramming or transfer of funds, to address the emergency.
``(e) Provision of Information to Congress.--The President
shall provide to Congress such other information as Congress
may request in connection with any national emergency in
effect under title II.
``(f) Periodic Reports on Status of Emergencies.--If the
President declares a national emergency under section 201(a),
the President shall, not less frequently than every 180 days
for the duration of the emergency, report to Congress on the
status of the emergency and the actions the President or
other officers have taken and authorities the President and
such officers have relied on in addressing the emergency.
``(g) Final Report on Activities During National
Emergency.--Not later than 90 days after the termination
under section 202 of a national emergency declared under
section 201(a), the President shall transmit to Congress a
final report describing--
``(1) the actions that the President or other officers took
to address the emergency; and
``(2) the powers and authorities the President and such
officers relied on to take such actions.
``(h) Public Disclosure.--Each report required by this
section shall be transmitted in unclassified form and be made
public at the same time the report is transmitted to
Congress, although a classified annex may be provided to
Congress, if necessary.''.
SEC. 1076. CONFORMING AMENDMENTS.
(a) National Emergencies Act.--Title III of the National
Emergencies Act (50 U.S.C. 1631) is repealed.
(b) International Emergency Economic Powers Act.--Section
207 of the International Emergency Economic Powers Act (50
U.S.C. 1706) is amended--
(1) in subsection (b), by striking ``if the national
emergency'' and all that follows through ``under this
section.'' and inserting the following: ``if--
``(1) the national emergency is terminated pursuant to
section 202(a)(2) of the National Emergencies Act; or
``(2) a joint resolution of approval is not enacted as
required by section 203 of that Act to approve--
``(A) the national emergency; or
``(B) the exercise of such authorities.''; and
(2) in subsection (c)(1), by striking ``paragraphs (A),
(B), and (C) of section 202(a)'' and inserting ``section
202(c)(2)''.
SEC. 1077. APPLICABILITY.
(a) In General.--Except as provided in subsection (b), this
subtitle and the amendments made by this subtitle shall take
effect on the date of the enactment of this Act.
(b) Application to National Emergencies Previously
Declared.--A national emergency declared under section 201 of
the National Emergencies Act before the date of the enactment
of this Act shall be unaffected by the amendments made by
this subtitle, except that such an emergency shall terminate
on the date that is not later than one year after such date
of enactment unless the emergency is renewed under subsection
(e) of such section 201, as amended by section 1072 of this
Act.
______
SA 4633. Mr. CASEY (for Mr. Toomey (for himself and Mr. Casey))
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title II, add the following:
SEC. 246. BRIEFING ON ADDITIVE MANUFACTURING CAPABILITIES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Army Combat
Capabilities Development Command shall brief the
congressional defense committees on--
(1) current research and development activities to leverage
robotics, autonomy, and artificial intelligence to enhance
additive manufacturing capabilities in forward-deployed,
expeditionary bases; and
(2) courses of action being considered to successfully
transition additive manufacturing capabilities into sustained
operational capabilities.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
(1) A summary of research advances and innovations in
expeditionary manufacturing enabled by past investments
combining artificial intelligence and additive manufacturing.
(2) A summary of plans and ongoing activities to engage
with operational programs and programs of record to ensure
that such advances and innovations can be successfully
transitioned and supported to maximize mission readiness and
force resiliency.
(3) An assessment of the feasibility of initiating pilot
programs between institutions of higher education, the
defense industrial base, and the Army Combat Capabilities
Development Command related to experimentation and
demonstrations of expeditionary manufacturing techniques.
______
SA 4634. Mr. CASEY submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title III, add the following:
SEC. 356. STUDY ON BIOREMEDIATION OF PFAS USING MYCOLOGICAL
ORGANIC MATTER.
(a) Study.--Commencing not later than one year after the
date of the enactment of this Act, the Secretary of Defense,
acting through the Assistant Secretary of Defense for Energy,
Installations, and Environment, the Secretary of Agriculture,
acting through the Administrator of the Agricultural Research
Service, and the Administrator of the Environmental
Protection Agency shall jointly carry out a study on the
bioremediation of PFAS using mycological organic matter.
(b) Strategic Environmental Research and Development
Program.--The Assistant Secretary of Defense for Energy,
Installations, and Environment shall carry out the
responsibilities of the Secretary of Defense for the study
under subsection (a) through the Strategic Environmental
Research and Development Program.
(c) Report.--Not later than one year after the commencement
of the study under subsection (a), the Secretary of Defense,
the Secretary of Agriculture, and the Administrator of the
Environmental Protection Agency shall jointly submit to the
appropriate committees of Congress a report on the study.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Agriculture, Nutrition, and Forestry, and the Committee on
Environment and Public Works of the Senate; and
(B) the Committee on Armed Services, the Committee on
Agriculture, and the Committee on Energy and Commerce of the
House of Representatives.
(2) PFAS.--The term ``PFAS'' means perfluoroalkyl
substances and polyfluoroalkyl substances.
______
SA 4635. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of title VI, add the following:
SEC. 607. SAFETY STANDARDS FOR CONSUMER PRODUCTS INTENDED FOR
INFANT SLEEP SOLD AT COMMISSARY STORES AND MWR
RETAIL FACILITIES.
(a) In General.--The Secretary of Defense shall ensure that
any consumer product intended for infant sleep and sold at a
commissary store or MWR retail facility complies with
applicable consumer product safety rules and voluntary
consumer product safety standards established by the Consumer
Product Safety Commission.
(b) Definitions.--In this section:
(1) Consumer product.--The term ``consumer product'' has
the meaning given that term in section 3 of the Consumer
Product Safety Act (15 U.S.C. 2052).
(2) Intended for infant sleep.--The term ``intended for
infant sleep'', with respect to a consumer product, includes
inclined sleepers, crib bumpers, and nests.
(3) MWR retail facility.--The term ``MWR retail facility''
has the meaning given that term in section 1063 of title 10,
United States Code.
______
SA 4636. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
[[Page S8158]]
SEC. 318. INCREASE IN RENEWABLE ENERGY GOALS TO MEET FACILITY
ENERGY NEEDS OF DEPARTMENT OF DEFENSE.
Section 2911(d) of title 10, United States Code, is
amended--
(1) in paragraph (1), by amending subparagraph (A) to read
as follows:
``(A) to produce or procure from renewable energy sources--
``(i) by fiscal year 2025, not less than 50 percent of the
total quantity of facility energy it consumes within its
facilities; and
``(ii) by fiscal year 2030, not less than 100 percent of
the total quantity of facility energy it consumes within its
facilities; and'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
______
SA 4637. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. THINK TANK CYBERSECURITY STANDARDS.
(a) Regulations.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
develop and promulgate regulations--
(A) requiring covered think tanks and research
organizations to develop cybersecurity standards plans and
submit them to the Under Secretary of State for Management;
and
(B) requiring the Bureau of Diplomatic Security, in
coordination with other competent authorities as necessary,
to certify whether the plans required pursuant to
subparagraph (A) meet minimum cybersecurity standards for the
protection of sensitive data and information.
(2) Covered think tanks and research organizations.--For
purposes of this section, the term ``covered think tanks and
research organizations'' means United States think tanks and
research organizations that--
(A) receive or plan to apply for funding from the
Department of State;
(B) participate or intend to participate in more than three
Department-hosted events in a calendar year; or
(C) meet, correspond, or otherwise engage with Department
of State personnel more than three times in a calendar year.
(3) Scope of plan.--The cybersecurity plan required under
paragraph (1) shall include--
(A) a description of the cybersecurity standards, training
requirements, and other procedures;
(B) a description of how the organization intends to
safeguard sensitive data and report and remediate any
breaches or theft to the Department of State and relevant law
enforcement; and
(C) a description of any other factors the Department deems
necessary to bolstering the cybersecurity of think tanks and
research organizations.
(b) Report.--Not later than 60 days after the effective
date of the regulations promulgated under subsection (a), the
Secretary of State shall submit a report to the appropriate
congressional committees describing--
(1) the progress of the Department of State in
implementation of the cybersecurity plan requirement mandated
pursuant to subsection (a);
(2) the officials and offices within the Department
responsible for implementing the regulations required under
subsection (a);
(3) any challenges or obstacles to implementation; and
(4) any recommendations to improve upon the regulations
described required under subsection (a) or overcome
challenges to implementation.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
______
SA 4638. Mr. RISCH (for himself and Mr. Crapo) submitted an amendment
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and
intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 143 and insert the following:
SEC. 143. MODIFICATION TO PROHIBITION ON AVAILABILITY OF
FUNDS FOR RETIREMENT AND MINIMUM INVENTORY
REQUIREMENT FOR A-10 AIRCRAFT.
(a) Prohibition on Availability of Funds for Retirement.--
Subsection (a) of section 134 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2037) is amended--
(1) by inserting ``or any fiscal year thereafter'' after
``fiscal year 2017''; and
(2) by inserting ``that reduces the total aircraft
inventory of A-10 aircraft below 218 A-10 aircraft'' after
``any A-10 aircraft''.
(b) Minimum Inventory Requirement.--Subsection (d) of such
section is amended by striking ``171'' and inserting ``141''.
______
SA 4639. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Ukraine Security Partnership Act of 2021
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Ukraine Security
Partnership Act of 2021''.
SEC. 1292. FINDINGS.
Congress makes the following findings:
(1) Throughout its history, Ukraine has experienced several
long periods of occupation.
(2) Between 1919 and 1991, Ukraine was brutally ruled by
the Soviet Union, whose policy of agricultural
collectivization caused the Holodomor of 1932-1933, a man-
made famine that resulted in the death of at least 3,000,000
Ukrainians by starvation.
(3) During the Nazi occupation of Ukraine accompanying
World War II--
(A) approximately 3,500,000 Ukrainian civilians and
3,000,000 soldiers were killed; and
(B) approximately 1,500,000 Jews were massacred.
(4) Ukraine declared its independence from Moscow in 1991,
after the collapse of the Soviet Union.
(5) In the 1994 Budapest Memorandum, the Russian
Federation, the United States, and the United Kingdom pledged
to ``respect the independence and sovereignty and the
existing borders of Ukraine'' and ``refrain from the threat
or use of force against the territorial integrity or
political independence of Ukraine'' in exchange for Ukraine's
surrender of its nuclear arsenal.
(6) From November 2004 through January 2005, thousands of
Ukrainians took to the streets to peacefully protest
electoral fraud and widespread corruption by the ruling elite
in the 2004 Presidential election, successfully triggering a
re-vote, in what became known as the Orange Revolution.
(7) During Ukraine's 2014 Revolution of Dignity, or
Euromaidan, the pro-Russian government of President Viktor
Yanukovych was forced to resign after thousands of Ukrainians
peacefully protested Yanukovych's decision to reject a closer
relationship with the European Union and his continued
systemic corruption, and over 100 of those protestors were
killed by violent government suppression.
(8) Fearful of Ukraine's strengthened pro-Western
orientation after the Revolution of Dignity, the Government
of the Russian Federation, in violation of international law
and in contravention of its commitments in the Budapest
Memorandum--
(A) sent undisclosed military personnel into Ukraine's
Autonomous Republic of Crimea in February 2014 and has
illegally occupied the Crimean Peninsula for the past seven
years;
(B) sent covert, unmarked military personnel into the
Ukrainian regions of Donetsk and Luhansk in April 2014,
instigating and supporting a still-ongoing conflict that has
cost nearly 14,000 lives; and
(C) provided the Buk missile system used by those Russia-
led forces to shoot down Malaysian Airlines Flight 17 over
eastern Ukraine in July 2014, killing all 298 passengers and
crew on board.
(9) Under Russian control, Crimean authorities have
kidnapped, imprisoned, and tortured Crimean Tatars,
opposition figures, activists, and other minority
populations, and have persecuted religious minorities by
pressing false charges of terrorism and deregistering
religious centers.
(10) In September 2014, in an attempt to stop the fighting
that the Russian Federation had initiated in eastern Ukraine,
France, Germany, Ukraine, the Russian Federation, the
Organization for Security and Cooperation (OSCE), and Russia-
led forces from eastern Ukraine signed the Minsk Protocol.
(11) In February 2015, after the failure of the initial
Minsk Protocol, the Russian Federation committed to the Minsk
II Agreement, the roadmap for resolving the conflict in
eastern Ukraine, signed by the Governments of Ukraine,
Russia, France, and Germany.
(12) Despite these agreements, the Government of the
Russian Federation continues to violate Ukrainian sovereignty
through--
(A) manipulation of Ukraine's dependence on Russian natural
gas, including cutting off access in 2014, which deprived
Ukraine of its energy supply and transit fees;
(B) espionage and clandestine assassinations on Ukrainian
territory;
[[Page S8159]]
(C) continuous cyber warfare against the Government of
Ukraine and Ukrainian businesses, such as the NotPetya hack
in 2017; and
(D) seizure of Ukrainian property and citizens, including
the November 2018 seizure in the Kerch Strait of three
Ukrainian naval vessels and 24 Ukrainian officers on board
those vessels.
(13) In July 2018, Secretary of State Michael R. Pompeo
issued the Crimea Declaration and reiterated in February 2020
on the sixth anniversary of Russia's illegal occupation that
``Crimea is Ukraine''.
(14) On February 26, 2021 President Joseph R. Biden
confirmed that Crimea is Ukraine and the United States does
not and will never recognize Russia's purported annexation of
the peninsula.
(15) Since April 2014, at least 4,100 Ukrainian soldiers
have died fighting for their country against the Russian
Federation and Russia-led forces, while no less than 3,361
civilians have perished as a result of that fighting.
(16) Despite Ukraine's tumultuous history and neighborhood,
in under 30 years it has risen from the collapse of the
Soviet Union to become a developing democracy, steadily
working to overcome its Soviet legacy of oppression,
oligarchic control, and corruption.
(17) Running on a strong anti-corruption platform,
Volodymyr Zelensky won the 2019 presidential election with 73
percent of the vote, and his political party, Servant of the
People, won a parliamentary majority in the Ukrainian
parliament.
(18) The OSCE confirmed the 2019 elections were
``competitive and fundamental freedoms were generally
respected''.
(19) In March and April 2021, the Russian Federation
amassed over 75,000 troops on its border with the Eastern
Ukraine and in the occupied territory of Crimea.
(20) Since 2014, the Government of Ukraine has made
difficult and substantial reforms in an effort to address
corruption and more closely align with the West, such as
slimming and decentralizing its bureaucracy, removing
immunity from prosecution for Members of Parliament,
reforming its gas, pension, and procurement systems, and
working to adapt its military to the standards of the North
Atlantic Treaty Organization (NATO).
(21) Despite progress in reforming many areas of Ukrainian
governance, serious issues still remain, particularly in the
areas of corruption and rule of law.
(22) The United States Government has consistently
supported Ukraine's democratic transition and its fight
against Russia-led forces by assisting its governance reform
efforts, maintaining robust and coordinated sanctions against
the Russian Federation alongside the European Union, and
providing the Ukrainian military with training and equipment,
including lethal defensive weaponry.
(23) In addition to the United States, the European Union,
European countries, and Canada have provided substantial
diplomatic, monetary, and military support for Ukraine's
democratic transition and its fight against Russia-led forces
in eastern Ukraine, and also have implemented and maintained
robust sanctions regimes against the Russian Federation for
its illegal occupation of Crimea and its active
destabilization of Ukraine.
(24) the Government of Ukraine has steadfastly supported
the United States and European allies by deploying troops to
Iraq, Afghanistan, and NATO's Kosovo Force (KFOR), allowing
United States military planes to refuel on Ukrainian soil,
and trading billions of dollars' worth of goods and services
with the United States.
(25) NATO has recently decided to include Ukraine in its
Enhanced Opportunities Partnership in recognition of
Ukraine's contributions to NATO missions and efforts to
reform its military in line with NATO standards.
(26) Since the Russian Federation's 2014 invasion of
Ukraine, the United States Congress has demonstrated its
support for Ukraine through the passage of legislation,
including the Support for the Sovereignty, Integrity,
Democracy, and Economic Stability of Ukraine Act of 2014
(Public Law 113-95; 22 U.S.C. 8901 et seq.), the Ukraine
Freedom Support Act (Public Law 113-272; 22 U.S.C. 8921 et
seq.), the Ukraine Security Assistance Initiative established
under section 1250 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068), the
Countering America's Adversaries Through Sanctions Act
(Public Law 115-44), and the Protecting Europe's Energy
Security Act of 2019 (Public Law 116-92, title LXXV), and the
United States Congress continues to demonstrate strong
support for assisting Ukraine in defending itself and
deterring Russia.
SEC. 1293. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Ukraine stands as a bulwark against the malign
influence of the Russian Federation in Europe, and robust
United States support for Ukraine is vital to United States
national security and demonstrates the commitment of the
United States to upholding a free and open international
order;
(2) since Ukraine's independence in 1991, the Government
and people of Ukraine have made significant strides towards
improved governance, rule of law, anti-corruption measures,
and economic reforms;
(3) Ukraine's long-term viability is directly connected to
its efforts to reduce corruption and build strong democratic
institutions that are able to defend against internal and
external corrupt actors;
(4) the efforts and sacrifices of Ukrainian citizens to
determine their own fate after centuries of oppression,
through democratic representation and governance reforms, is
evidence of that country's dedication to a free, independent,
and democratic future;
(5) Ukraine has proven itself to be a valuable security
partner of the United States, not simply a recipient of
assistance;
(6) it is in the national security interests of the United
States to continue and deepen its security partnership with
Ukraine, including through the provision of both lethal and
non-lethal assistance;
(7) the United States should continue to place policy-based
conditions on Ukraine's receipt of financial and military
assistance, as that mechanism has proven effective in
incentivizing reforms in Ukraine;
(8) the United States should use its voice and vote at NATO
to encourage the adoption of a policy by the Alliance that
all of its member states will refuse to recognize the illegal
attempted annexation of Crimea by the Russian Federation;
(9) the United States should support at the highest level
and take an active part in the Ukrainian ``Crimean Platform''
initiative to ensure that the international community's
attention remains focused on--
(A) the unacceptable violation of Ukraine's territorial
integrity in Crimea; and
(B) working towards the reversal of such violation;
(10) the United States should continue to bolster the
capacity of the Ukrainian Navy as it strives to fulfill the
goals it set out in its ``Strategy of the Naval Forces of the
Armed Forces of Ukraine 2035'';
(11) the military-focused technical, training, maintenance,
and logistical assistance provided by the United States to
Ukraine is as essential as the military hardware provided to
the country;
(12) all security assistance provided to Ukraine should
continue to be subject to rigorous vetting requirements under
section 620M of the Foreign Assistance Act of 1961 (22 U.S.C.
2378d) and security cooperation under section 362 of title
10, United States Code, including assistance provided to
units in the National Guard of Ukraine as well as all units
falling under the authority of the Ministry of Defense;
(13) the Office of Defense Cooperation at the United States
Embassy in Ukraine should be fully staffed in order to
administer the security assistance being provided to the
country;
(14) the United States should continue to support Ukraine's
NATO aspirations, including through work towards a Membership
Action Plan;
(15) the enduring partnership between the United States and
Ukraine, including bipartisan support for a sovereign,
democratic, and whole Ukraine through political, monetary,
and military assistance, remains strong and must continue to
be reaffirmed; and
(16) the United States should continue to strongly support
Ukraine's ambitions to join the Euro-Atlantic community of
democracies.
SEC. 1294. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to refuse to recognize the attempted annexation of
Crimea by the Russian Federation, an action that was taken in
contravention of international law;
(2) to utilize existing sanctions and other authorities to
deter malign actions by the Russian Federation in or intended
to harm Ukraine, including the mandates and authorities
codified by--
(A) the Countering America's Adversaries Through Sanctions
Act (22 U.S.C. 9401 et seq.); and
(B) the Protecting Europe's Energy Security Act of 2019
(title LXXV of Public Law 116-92; 22 U.S.C. 9526 note);
(3) to work with our European allies to coordinate
strategies to curtail Russian malign influence in Ukraine;
(4) to work with our allies and partners to conduct more
frequent multinational freedom of navigation operations in
the Black Sea in order to demonstrate support for Ukraine's
internationally-recognized maritime boundaries, to safeguard
the unimpeded traffic of lawful commerce, and to push back
against excessive Russian Federation claims of sovereignty;
(5) to work with our allies and partners to demonstrate
support for Ukraine's territorial integrity, including its
internationally-recognized land borders; and
(6) to support democratic, economic, and anti-corruption
reforms in Ukraine and the country's integration into Euro-
Atlantic institutions.
SEC. 1295. STRATEGY ON UNITED STATES DIPLOMATIC SUPPORT FOR
UKRAINE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
with a strategy on how the United States will work to
diplomatically support Ukraine during fiscal years 2022
through 2026.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A description of how relevant departments and agencies
of the United States Government will work together to
collectively support efforts by the Government of Ukraine to
deter Russian aggression in the form of military incursions,
cyber attacks,
[[Page S8160]]
the coercive use of energy resources, the disruption of
lawful commerce and traffic to Ukrainian ports, use of
passportization, and efforts to corrupt the Ukrainian
political and economic systems.
(2) A description of the United States' current efforts and
strategy to support Ukrainian diplomatic initiatives when
they align with United States interests.
(3) A strategy on how the United States will use its voice
and vote at the United Nations, OSCE, Council of Europe,
NATO, and other relevant international bodies to support
Ukraine and its reform efforts.
(4) A strategy on how the United States will assist Ukraine
in bolstering its diplomatic, economic, energy, and maritime
relationships with key Black Sea countries, including
Bulgaria, Romania, Turkey, and Georgia.
(5) A strategy on how the United States will engage with
Germany, France, Ukraine, and Russia to advance the Normandy
Format and Minsk Agreements.
(6) An assessment of Ukraine's recent progress on anti-
corruption reforms and a strategy on how the United States
will work with allies to continue to engage Ukraine to ensure
meaningful progress on democratic, economic, and anti-
corruption reforms.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
SEC. 1296. UNITED STATES-EUROPE WORKING GROUP ON UKRAINE.
(a) In General.--The Secretary of State should seek to
establish a United States-Europe Working Group on Ukraine.
(b) Representation.--The United States-Europe Working Group
on Ukraine should include high-level representatives from the
European Union, its institutions, and relevant European
governments, as appropriate, to jointly prioritize, evaluate
and coordinate economic and policy reform assistance and
support for Ukraine.
(c) Termination.--The authorities authorized under this
section shall terminate on September 30 of the fifth fiscal
year beginning after the date of the enactment of this Act.
SEC. 1297. SPECIAL ENVOY FOR UKRAINE.
(a) Establishment.--The President should appoint, by and
with the consent of the Senate, a Special Envoy for Ukraine,
who should report to the Assistant Secretary of State for
Europe and Eurasia.
(b) Rank.--The Special Envoy for Ukraine shall have the
rank and status of ambassador.
(c) Responsibilities.--The Special Envoy for Ukraine
should--
(1) serve as the United States liaison to the Normandy
Format, tasked with leading the peace process between Ukraine
and the Russian Federation;
(2) facilitate diplomatic outreach to and dialogue with
countries in the Black Sea region that, like Ukraine, are
faced with the impact of Russia's growing militarization of
the Sea;
(3) coordinate closely with the Chief of Mission in
Ukraine;
(4) coordinate with the United States-Europe Working Group
on Ukraine established pursuant to section 1296;
(5) coordinate with the OSCE Special Monitoring Mission to
Ukraine; and
(6) provide the Committee on Foreign Relations and
Committee on Appropriations of the Senate and the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives regular updates and briefings on the
status of peace negotiations.
(d) Termination.--The Special Envoy for Ukraine position
authorized under subsection (a) shall terminate 5 years after
the date of the enactment of this Act.
SEC. 1298. FOREIGN MILITARY FINANCING.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Department of State for each of
fiscal years 2022 through 2026 $300,000,000 for Foreign
Military Financing (FMF) assistance to Ukraine to assist the
country in meeting its defense needs.
(b) Availability of Funds.--
(1) In general.--Of the amount authorized to be
appropriated for each fiscal year pursuant to subsection (a),
not more than $150,000,000 shall be made available until the
Secretary of State makes the certification described in
paragraph (2) for such fiscal year, including a detailed
explanation justifying the certification with respect to each
of the categories listed in subparagraphs (A) through (G) of
such paragraph. The certification shall be submitted to the
appropriate congressional committees in unclassified form,
but may contain a classified annex.
(2) Certification.--The certification described in this
paragraph is a certification by the Secretary of State, in
coordination with the Secretary of Defense, that the
Government of Ukraine has taken actions to--
(A) make defense institutional reforms, in accordance with
NATO standards;
(B) further strengthen civilian control of the military;
(C) reform its state-owned arms production sector;
(D) increase transparency and accountability in defense
procurement;
(E) respect Verkhovna Rada efforts to exercise oversight of
the Ministry of Defense and military forces;
(F) promote respect for the observation of human rights as
enshrined in the requirements of section 620M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d) within the security
forces of Ukraine; and
(G) support the work of Ukraine's anti-corruption bodies,
including the High Anti-Corruption Court, National Anti-
Corruption Bureau, and the Special Anti-Corruption
Prosecutor's Office.
(c) Notice to Congress.--Not later than 15 days before
providing assistance or support pursuant to subsection (a),
the Secretary of State shall submit to the appropriate
congressional committees a notification containing the
following:
(1) A detailed description of the assistance or support to
be provided, including--
(A) the objectives of such assistance or support;
(B) the budget for such assistance or support; and
(C) the expected or estimated timeline for delivery of such
assistance or support.
(2) A description of such other matters as the Secretary
considers appropriate.
(d) Sense of Congress.--It is the sense of Congress that
assistance provided under this section should--
(1) prioritize the procurement of vessels for the Ukrainian
Navy and other articles that bolster the capacity of the
Ukrainian Navy to counter Russian maritime aggression and
maintain the freedom of innocent passage throughout the Black
Sea; and
(2) ensure adequate planning for maintenance for any
equipment provided.
(e) Authority To Provide Lethal Assistance.--The Secretary
of State is authorized to provide lethal assistance under
this section, including anti-armor weapon systems, mortars,
crew-served weapons and ammunition, grenade launchers and
ammunition, anti-tank weapons systems, anti-ship weapons
systems, anti-aircraft weapons systems, and small arms and
ammunition.
SEC. 1299. EXPEDITED EXCESS DEFENSE ARTICLES TRANSFER
PROGRAM.
During fiscal years 2022 through 2026, the delivery of
excess defense articles to Ukraine shall be given the same
priority as that given other countries and regions under
section 516(c)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(c)(2)).
SEC. 1299A. STRATEGY ON EXCESS DEFENSE ARTICLES FROM ALLIES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State in
consultation with the Secretary of Defense, shall submit to
the appropriate congressional committees a classified
strategy on how the United States will encourage third
countries to donate excess defense equipment to Ukraine.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A listing of all friendly and allied nations that have
excess defense material that may be compatible with the needs
and systems utilized by the Armed Forces of Ukraine.
(2) A description of the diplomatic efforts undertaken by
the United States Government to encourage allied nations to
donate their excess defense articles to Ukraine on an
expedited basis.
SEC. 1299B. IMET COOPERATION WITH UKRAINE.
(a) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of State $4,000,000 for
each of fiscal years 2022 through 2026 for International
Military Education and Training (IMET) assistance for
Ukraine. The assistance shall be made available for the
following purposes:
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States Armed
Forces and Ukraine's military to build partnerships for the
future.
(4) Enhancement of interoperability and capabilities for
joint operations.
(5) Focusing on professional military education, civilian
control of the military, and human rights.
(b) Notice to Congress.--Not later than 15 days before
providing assistance or support pursuant to subsection (a),
the Secretary of State shall submit to the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate and the Committee on Foreign Affairs and the Committee
on Appropriations of the House of Representatives a
notification containing the following elements:
(1) A detailed description of the assistance or support to
be provided, including--
(A) the objectives of such assistance or support;
(B) the budget for such assistance or support; and
(C) the expected or estimated timeline for delivery of such
assistance or support.
(2) A description of such other matters as the Secretary
considers appropriate.
SEC. 1299C. STRATEGY ON IMET PROGRAMMING IN UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that
the Government of Ukraine should fully utilize the United
States IMET program, encourage eligible officers and civilian
leaders to participate in the training, and promote
successful graduates to positions of prominence in the
Ukrainian Armed Forces.
(b) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a strategy
for the implementation of the IMET program in Ukraine
authorized under section 1299B.
[[Page S8161]]
(c) Elements.--The strategy required under subsection (a)
shall include the following elements:
(1) A clear plan, developed in close consultation with the
Ukrainian Ministry of Defense and the Armed Forces of
Ukraine, for how the IMET program will be used by the United
States Government and the Government of Ukraine to propel
program graduates to positions of prominence in support of
the Ukrainian military's reform efforts in line with NATO
standards.
(2) An assessment of the education and training
requirements of the Ukrainian military and clear
recommendations for how IMET graduates should be assigned by
the Ukrainian Ministry of Defense upon completion of
education or training.
(3) An accounting of the current combat requirements of the
Ukrainian military and an assessment of the viability of
alternative mobile training teams, distributed learning, and
other flexible solutions to reach such students.
(4) An identification of opportunities to influence the
next generation of leaders through attendance at United
States staff and war colleges, junior leader development
programs, and technical schools.
(d) Form.--The strategy required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
SEC. 1299D. SENSE OF CONGRESS ON LOAN PROGRAM.
It is the sense of Congress that--
(1) as appropriate, the United States Government should
provide direct loans to Ukraine for the procurement of
defense articles, defense services, and design and
construction services pursuant to the authority of section 23
of the Arms Export Control Act (22 U.S.C. 2763) to support
the further development of Ukraine's military forces; and
(2) such loans should be considered an additive security
assistance tool, and not a substitute for Foreign Military
Financing for grant assistance or Ukraine Security Assistance
Initiative programming.
SEC. 1299E. STRATEGY TO PROTECT UKRAINE'S DEFENSE INDUSTRY
FROM STRATEGIC COMPETITORS.
(a) Sense of Congress.--It is the sense of Congress that
the United States should work with the Government of Ukraine
to ensure strategic assets and companies in Ukraine's
aerospace and defense sector are not subject to foreign
ownership, control, or undue influence by strategic
competitors to the United States, such as the People's
Republic of China (PRC). These efforts will require support
from across the Executive Branch and should leverage all
available tools and authorities.
(b) Strategy Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, acting through the
Secretary of Defense and the Secretary of State and in
consultation with the heads of other relevant Departments and
agencies as the President may determine, shall submit to the
appropriate committees of Congress a strategy to support
Ukraine in protecting its aerospace and defense industry from
predatory investments.
(2) Elements.--The strategy required under paragraph (1)
shall include the following elements:
(A) An assessment of the efforts by strategic competitors,
such as the PRC, to acquire strategic assets and companies in
Ukraine's aerospace and defense sector and the national
security implications for Ukraine, the United States, and
other NATO allies and partners.
(B) An assessment of the vulnerabilities that strategic
competitors of the United States exploit to acquire strategic
assets in the Ukrainian aerospace and defense sector,
Ukraine's progress in addressing them, and United States
initiatives to support these efforts such as assistance in
strengthening Ukraine's investment screening and national
security vetting laws.
(C) An assessment of Ukraine's efforts to make reforms
necessary to incentivize Western investment in Ukraine's
aerospace and defense sector and United States support for
these efforts.
(D) A strategy to--
(i) promote, as appropriate, United States direct
investment in Ukraine's aerospace and defense sector;
(ii) better leverage tools like debt financing, equity
investments, and political risk insurance to incentivize
greater participation by United States firms;
(iii) provide an alternative to PRC investments; and
(iv) engage like-minded allies and partners on these
efforts.
(3) Form.--The strategy required under paragraph (1) shall
be submitted in classified form.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
SEC. 1299F. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Department of State $50,000,000 for each of the fiscal
years 2022 through 2026 for the purposes described in
subsection (b) with respect to Ukraine.
(b) Use of Funds.--Amounts appropriated pursuant to
subsection (a) may only be used--
(1) to strengthen Ukraine's cyber security, cyber
resilience and intellectual property enforcement;
(2) to provide support and training in Ukraine for--
(A) sectoral reforms related to banking and public finance
management reform;
(B) the privatization of state-owned enterprises;
(C) regulatory independence;
(D) subsidy reform;
(E) land reform;
(F) corporate governance; and
(G) foreign investment screening;
(3) to combat corruption, improve the rule of law, and
otherwise strengthen independent legal institutions,
including by--
(A) expanding regional anti-corruption training and
exchanges among Ukrainian Ministry officials, law enforcement
officers, judges, and prosecutors to build peer support,
share best practices, maintain reform momentum, and protect
reforms from capture;
(B) supporting regional training of United States Embassy
personal responsible for supporting anti-corruption and the
rule of law to improve their effectiveness in supporting the
consolidation and expansion of reform;
(4) to respond to the humanitarian crises caused or
aggravated by the invasion and occupation of Ukraine by the
Russian Federation, including by supporting internally
displaced persons and communities in conflict-affected areas;
(5) to improve participatory legislative processes in
Ukraine, including through--
(A) engagement with members of the Verkhovna Rada;
(B) training on government oversight, legal education,
political transparency and competition, and compliance with
international obligations; and
(C) supporting the development of professional legislative
staff to advise and assist member of the Verkhovna Rada and
committees in the execution of their duties and build legal
and policy expertise within the Verkhovna Rada; and
(6) to further build the capacity of civil society,
independent media, human rights, and other nongovernmental
organizations in Ukraine, with an emphasis on--
(A) building capacity outside of Kyiv; and
(B) regional civil society training and exchange programs.
SEC. 1299G. DETERMINATION OF WHETHER NORD STREAM 2 AG AND
ASSOCIATED CONSTRUCTION VESSELS MEET CRITERIA
FOR IMPOSITION OF SANCTIONS UNDER PROTECTING
EUROPE'S ENERGY SECURITY ACT OF 2019.
(a) In General.--Not later than 15 days after the date of
the enactment of this Act, the President shall submit to
Congress a report that includes the following:
(1) The determination of the President with respect to
whether Nord Stream 2 AG meets the criteria for the
imposition of sanctions under the Protecting Europe's Energy
Security Act of 2019.
(2) The determination of the President with respect to
whether the following vessels and entities meet the criteria
for the imposition of sanctions under the Protecting Europe's
Energy Security Act of 2019:
(A) Akademik Cherskiy.
(B) Umka.
(C) Errie.
(D) Yuri Topchev.
(E) Mentor.
(F) DP Gezina.
(G) Krebs GEO.
(H) Vladislav Strizhov.
(I) Glomar Wave.
(J) Finval.
(K) Katun.
(L) Venie.
(M) Murman.
(N) Baltiyskiy Issledovatel.
(O) Artemis Offshore.
(P) Havila Subsea.
(Q) Russian Maritime Register of Shipping.
(R) LLC Insurance Company Constanta.
(S) TUV Austria Holding AG.
(3) A detailed explanation for each determination made
under paragraph (1) or (2), including with respect to any
determination that the criteria for the imposition of
sanctions under the Protecting Europe's Energy Security Act
of 2019 were not met with respect to a vessel or entity.
(b) Definition.--In this section, the term ``Protecting
Europe's Energy Security Act of 2019'' means the Protecting
Europe's Energy Security Act of 2019 (title LXXV of Public
Law 116-92; 22 U.S.C. 9526 note), as amended by section 1242
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 1299H. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this subtitle, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
______
SA 4640. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr.
[[Page S8162]]
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1064. REQUIREMENT FOR THINK TANKS TO DISCLOSE FOREIGN
FUNDING.
(a) Regulations.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State shall
develop and promulgate regulations requiring covered think
tanks and research organizations to submit an annual
disclosure to the Under Secretary of State for Management
detailing the sources of funding specified in paragraph (3).
(2) Covered think tanks and research organizations.--For
purposes of this section, the term ``covered think tanks and
research organizations'' means United States think tanks and
research organizations that--
(A) receive or plan to apply for funding from the
Department of State;
(B) participate or intend to participate in more than three
Department-hosted events in a calendar year; or
(C) meet, correspond, or otherwise engage with Department
of State personnel more than three times in a calendar year.
(3) Covered sources of funding.--
(A) In general.--The sources of funding referred to in
paragraph (1) are--
(i) governments, political parties, state-owned research or
academic institutions, and state-owned enterprises from the
countries specified in subparagraph (B);
(ii) Persons from the countries specified in such
subparagraph; and
(iii) United States and foreign persons, government,
institutions, and companies advocating on behalf of the
interests of the countries specified in such subparagraph
with regard to energy, infrastructure, telecommunications,
information technology, defense, or foreign policy.
(B) Specified countries.--The countries referred to in
subparagraph (A) are--
(i) the Russian Federation;
(ii) the People's Republic of China; and
(iii) any other country the Secretary of State determines
should be subject to the disclosure requirements of this
section.
(b) Report.--Not later than 60 days after the effective
date of the regulations promulgated under subsection (a), the
Secretary of State shall submit a report to the appropriate
congressional committees describing--
(1) the progress of the Department of State in
implementation of the disclosure requirement mandated
pursuant to subsection (a);
(2) the officials and offices within the Department
responsible for implementing the regulations required under
subsection (a);
(3) any challenges or obstacles to implementation; and
(4) any recommendations to improve upon the regulations
described required under subsection (a) or overcome
challenges to implementation.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
______
SA 4641. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1253. STATEMENT OF POLICY ON INDO-PACIFIC REGION.
It shall be the policy of the United States to--
(1) prioritize the Indo-Pacific region in United States
foreign policy, and prioritize resources for achieving United
States political and military objectives in the region;
(2) exercise freedom of operations in the international
waters and airspace in the Indo-Pacific maritime domains,
which are critical to the prosperity, stability, and security
of the Indo-Pacific region;
(3) maintain forward-deployed forces in the Indo-Pacific
region, including a rotational bomber presence, integrated
missile defense capabilities, long-range precision fires,
undersea warfare capabilities, and diversified and resilient
basing and rotational presence, including support for pre-
positioning strategies;
(4) strengthen and deepen the alliances and partnerships of
the United States to build capacity and capabilities,
increase multilateral partnerships, modernize communications
architecture, address anti-access and area denial challenges,
and increase joint exercises and security cooperation
efforts;
(5) reaffirm the commitment and support of the United
States for allies and partners in the Indo-Pacific region,
including longstanding United States policy regarding--
(A) Article V of the Treaty of Mutual Cooperation and
Security between the United States and Japan, signed at
Washington January 19, 1960;
(B) Article III of the Mutual Defense Treaty between the
United States and the Republic of Korea, signed at Washington
October 1, 1953;
(C) Article IV of the Mutual Defense Treaty between the
United States and the Republic of the Philippines, signed at
Washington August 30, 1951, including that, as the South
China Sea is part of the Pacific, any armed attack on
Philippine forces, aircraft or public vessels in the South
China Sea will trigger mutual defense obligations under
Article IV of our mutual defense treaty;
(D) Article IV of the Australia, New Zealand, United States
Security Treaty, done at San Francisco September 1, 1951; and
(E) the Southeast Asia Collective Defense Treaty, done at
Manila September 8, 1954, together with the Thanat-Rusk
Communique of 1962;
(6) collaborate with United States treaty allies in the
Indo-Pacific to foster greater multilateral security and
defense cooperation with other regional partners;
(7) ensure the continuity of operations by the United
States Armed Forces in the Indo-Pacific region, including, as
appropriate, in cooperation with partners and allies, in
order to reaffirm the principle of freedom of operations in
international waters and airspace in accordance with
established principles and practices of international law;
(8) sustain the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.) and the ``Six Assurances'' provided by
the United States to Taiwan in July 1982 as the foundations
for United States-Taiwan relations, and to deepen, to the
fullest extent possible, the extensive, close, and friendly
relations of the United States and Taiwan, including
cooperation to support the development of capable, ready, and
modern forces necessary for the defense of Taiwan;
(9) enhance security partnerships with India, across
Southeast Asia, and with other nations of the Indo-Pacific;
(10) deter acts of aggression or coercion by the People's
Republic of China against United States and allies'
interests, especially along the First Island Chain and in the
Western Pacific, by showing People's Republic of China
leaders that the United States can and is willing to deny
them the ability to achieve their objectives, including by--
(A) consistently demonstrating the political will of the
United States to deepening existing treaty alliances and
growing new partnerships as a durable, asymmetric, and
unmatched strategic advantage to the People's Republic of
China's growing military capabilities and reach;
(B) maintaining a system of forward-deployed bases in the
Indo-Pacific region as the most visible sign of United States
resolve and commitment to the region, and as platforms to
ensure United States operational readiness and advance
interoperability with allies and partners;
(C) adopting a more dispersed force posture throughout the
region, particularly the Western Pacific, and pursuing
maximum access for United States mobile and relocatable
launchers for long-range cruise, ballistic, and hypersonic
weapons throughout the Indo-Pacific region;
(D) fielding long-range, precision-strike networks to
United States and allied forces, including ground-launched
cruise missiles, under sea and naval capabilities, and
integrated air and missile defense in the First Island Chain
and the Second Island Chain, in order to deter and prevent
People's Republic of China coercion and aggression, and to
maximize the United States ability to operate;
(E) strengthening extended deterrence to ensure that
escalation against key United States interests would be
costly, risky, and self defeating; and
(F) collaborating with allies and partners to accelerate
their roles in more equitably sharing the burdens of mutual
defense, including through the acquisition and fielding of
advanced capabilities and training that will better enable
them to repel People's Republic of China aggression or
coercion; and
(11) maintain the capacity of the United States to impose
prohibitive diplomatic, economic, financial, reputational,
and military costs on the People's Republic of China for acts
of coercion or aggression, including to defend itself and its
allies regardless of the point of origin of attacks against
them.
______
SA 4642. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
[[Page S8163]]
SEC. 1253. LIMITATION ON FUNDING FOR PEACEKEEPING TRAINING
EXERCISES WITH THE PEOPLE'S REPUBLIC OF CHINA.
Section 552 of the Foreign Assistance Act of 1961 (22
U.S.C. 2348a) is amended by adding at the end the following
new subsection:
``(e) Limitation on Funding for Peacekeeping Training
Exercises With the People's Republic of China.--None of the
funds authorized to be appropriated or otherwise made
available to carry out this chapter, including for the Global
Peace Operations Initiative of the Department of State, may
be used to train or support foreign military forces that
participate in peacekeeping training exercises hosted by the
Government of the People's Republic of China or the People's
Liberation Army unless, by not later than October 1 of each
year, the Secretary of State certifies to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives that such training or
support is important to the national security interests of
the United States.''.
______
SA 4643. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Beginning on page 566, strike line 10 and all that follows
through page 570, line 6, and insert the following:
(2) NATO remains the strongest and most successful
political-military alliance in the world, founded on a
commitment by its members to uphold the principles of
democracy, individual liberty, and the rule of law;
(3) NATO's contributions to collective defense are
indispensable to the security, prosperity, and freedom of its
members;
(4) the United States reaffirms its ironclad commitment to
NATO as the foundation of transatlantic security and to
upholding its obligations under the North Atlantic Treaty,
including Article 5;
(5) NATO is meant to be an alliance of countries with
shared democratic values and the United States reaffirms its
commitment to Article 2 of the North Atlantic Treaty, which
states the following: ``The Parties will contribute toward
the further development of peaceful and friendly
international relations by strengthening their free
institutions, by bringing about a better understanding of the
principles upon which these institutions are founded, and by
promoting conditions of stability and well-being. They will
seek to eliminate conflict in their international economic
policies and will encourage economic collaboration between
any or all of them.'';
(6) the commitment of NATO allies during 18 years of
security, humanitarian, and stabilization operations in
Afghanistan has been invaluable, and the sacrifices of NATO
allies deserve the highest order of respect and gratitude;
(7) the United States remains focused on long-term
strategic competition with Russia, and a strong NATO alliance
plays an essential role in addressing such competition and
mitigating shared security concerns;
(8) the United States should--
(A) deepen defense cooperation with non-NATO European
partners, bilaterally and as part of the NATO alliance; and
(B) encourage security sector cooperation between NATO and
non-NATO defense partners that complements and strengthens
collective defense, interoperability, and allies' commitment
to Article 3 of the North Atlantic Treaty;
(9) bolstering NATO cooperation and enhancing security
relationships with non-NATO European partners to counter
Russian aggression, including Russia's use of hybrid warfare
tactics and its willingness to use military power to alter
the status quo, strengthens the United States security
interests for long-term strategic competition;
(10) the European Deterrence Initiative, through
investments to increase United States military presence,
bolster exercises and training, enhance pre-positioning of
equipment, improve infrastructure, and build partner
capacity, and investments toward such efforts by NATO allies
and other allies and partners, remain critical to ensuring
collective defense in the future;
(11) the United States should--
(A) continue to support efforts by NATO allies to replace
Soviet-era military systems and equipment with systems that
are interoperable among NATO members; and
(B) work with NATO allies and other allies and partners to
build permanent mechanisms to strengthen supply chains,
enhance supply chain security, and fill supply chain gaps,
including in critical sectors such as defense, energy, and
health;
(12) the United States and NATO allies should--
(A) continue--
(i) to carry out key initiatives to enhance readiness,
military mobility, and national resilience in support of
NATO's ongoing COVID-19 pandemic response efforts;
(ii) to collaborate on ways to enhance collective security,
with a focus on emerging and revolutionary technologies such
as quantum computing, artificial intelligence, fifth
generation telecommunications networks, and machine learning;
and
(iii) to build on recent progress in achieving defense
spending goals agreed to at the 2014 Wales Summit and
reaffirmed at the 2016 Warsaw Summit and the 2021 Brussels
Summit, and to build consensus to invest in the full range of
defense capabilities necessary to deter and defend against
potential adversaries; and
(B) expand cooperation efforts on cybersecurity issues to
prevent adversaries and criminals from compromising critical
systems and infrastructure; and
(13) [the United States should] encourage the development
of a new NATO strategic concept that addresses the threats to
NATO that have emerged since NATO's last strategic concept
was published in 2010, including--
(A) a militarily resurgent Russia Federation, which is
engaged in conflicts in Eastern Europe, the Caucasus, and the
Middle East;
(B) the expansionist ambitions of the People's Republic of
China, which increasingly threaten the economic and political
integrity and physical security of NATO members; and
(C) transnational threats from rogue entities, such as
extremist terrorist groups and criminal hacker groups.
______
SA 4644. Mr. RISCH (for himself and Mr. Menendez) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--International Pandemic Preparedness and COVID-19 Response
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``International Pandemic
Preparedness and COVID-19 Response Act of 2021''.
SEC. 1292. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Global health security agenda; ghsa.--The terms
``Global Health Security Agenda'' and ``GHSA'' mean the
multi-sectoral initiative launched in 2014 and renewed in
2018 that brings together countries, regions, international
organizations, nongovernmental organizations, and the private
sector to elevate global health security as a national-level
priority, to share best practices, and to facilitate national
capacity to comply with and adhere to--
(A) the International Health Regulations (2005);
(B) the World Organisation for Animal Health international
standards and guidelines;
(C) United Nations Security Council Resolution 1540 (2004);
(D) the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological and Toxin
Weapons and on their Destruction, done at Washington, London,
and Moscow, April 10, 1972 (commonly referred to as the
``Biological Weapons Convention'');
(E) the Global Health Security Agenda 2024 Framework; and
(F) other relevant frameworks that contribute to global
health security.
(3) Global health security index .--The term ``Global
Health Security Index'' means the comprehensive assessment
and benchmarking of health security and related capabilities
across the countries that make up the States Parties to the
International Health Regulations (2005).
(4) Global health security initiative.--The term ``Global
Health Security Initiative'' means the informal network of
countries and organizations that came together in 2001 to
undertake concerted global action to strengthen public health
preparedness and response to chemical, biological,
radiological, and nuclear threats, including pandemic
influenza.
(5) Joint external evaluation.--The term ``Joint External
Evaluation'' means the World Health Organization-facilitated,
voluntary, collaborative, multi-sectoral process to assess
country capacity to prevent, detect, and rapidly respond to
public health risks occurring naturally or due to deliberate
or accidental events, assess progress in achieving the
targets under the International Health Regulations (2005),
and recommend priority actions.
(6) Key stakeholders.--The term ``key stakeholders'' means
actors engaged in efforts to advance global health security
programs and objectives, including--
(A) national and local governments in partner countries;
[[Page S8164]]
(B) other bilateral donors;
(C) international, regional, and local organizations,
including private, voluntary, nongovernmental, and civil
society organizations;
(D) international, regional, and local financial
institutions;
(E) representatives of historically marginalized groups,
including women, youth, and indigenous peoples;
(F) the private sector, including medical device,
technology, pharmaceutical, manufacturing, logistics, and
other relevant companies; and
(G) public and private research and academic institutions.
(7) One health approach.--The term ``One Health approach''
means the collaborative, multi-sectoral, and
transdisciplinary approach toward achieving optimal health
outcomes in a manner that recognizes the interconnection
between people, animals, plants, and their shared
environment.
(8) Relevant federal departments and agencies.--The term
``relevant Federal departments and agencies'' means any
Federal department or agency implementing United States
policies and programs relevant to the advancement of United
States global health security and diplomacy overseas, which
may include--
(A) the Department of State;
(B) the United States Agency for International Development;
(C) the Department of Health and Human Services;
(D) the Department of Defense;
(E) the Defense Threat Reduction Agency;
(F) the Millennium Challenge Corporation;
(G) the Development Finance Corporation;
(H) the Peace Corps; and
(I) any other department or agency that the President
determines to be relevant for these purposes.
(9) Resilience.--The term ``resilience'' means the ability
of people, households, communities, systems, institutions,
countries, and regions to reduce, mitigate, withstand, adapt
to, and quickly recover from stresses and shocks in a manner
that reduces chronic vulnerability to pandemic threats and
facilitates inclusive growth.
(10) USAID.--The term ``USAID'' means the United States
Agency for International Development.
SEC. 1293. PURPOSE.
The purpose of this subtitle is to accelerate and enhance
the United States international response to pandemics,
including the COVID-19 pandemic, and to operationalize
lessons learned from current and prior emergency responses in
a manner that--
(1) advances the global health security and diplomacy
objectives of the United States;
(2) improves coordination among the relevant Federal
departments and agencies implementing United States foreign
assistance for global health security; and
(3) more effectively enables partner countries to
strengthen and sustain resilient health systems and supply
chains with the resources, capacity, and personnel required
to prevent, prepare for, detect, and respond to infectious
disease threats before they become pandemics.
SEC. 1294. ENHANCING THE UNITED STATES' INTERNATIONAL
RESPONSE TO COVID-19 AND FUTURE PANDEMICS.
(a) Statement of Policy Regarding International Cooperation
to End the COVID-19 Pandemic.--It shall be the policy of the
United States to lead and implement a comprehensive and
coordinated international response to end the COVID-19
pandemic in a manner that recognizes the critical role that
multilateral and regional organizations can and should play
in pandemic response, including by--
(1) seeking adoption of a United Nations Security Council
resolution that--
(A) declares pandemics, including the COVID-19 pandemic, to
be a threat to international peace and security; and
(B) urges member states to address this threat by aligning
their health preparedness plans with international best
practices, including those established by the Global Health
Security Agenda, to improve country capacity to prevent,
detect, and respond to infectious disease threats;
(2) advancing efforts to reform the World Health
Organization so that it serves as an effective, normative,
and coordinating body that is capable of aligning member
countries around a strategic operating plan to detect,
contain, treat, and deter the further spread of COVID-19;
(3) providing timely, appropriate levels of financial
support to United Nations agencies responding to the COVID-19
pandemic;
(4) prioritizing United States foreign assistance for the
COVID-19 response in the most vulnerable countries and
regions;
(5) encouraging other donor governments to similarly
increase contributions to the United Nations agencies
responding to the COVID-19 pandemic in the world's poorest
and most vulnerable countries;
(6) working with key stakeholders to accelerate progress
toward meeting and exceeding, as practicable, global COVID-19
vaccination goals, whereby--
(A) at least 40 percent of the population in all countries
is vaccinated by the end of 2021; and
(B) at least 70 percent of the population in all countries
is vaccinated by the opening date of the 77th regular session
of the United Nations General Assembly;
(7) engaging with key overseas stakeholders, including
through multilateral facilities such as the COVID-19 Vaccines
Global Access initiative (referred to in this section as
``COVAX'') and the Access to COVID-19 Tools (ACT) Accelerator
initiative, and expanding bilateral efforts, including
through the International Development Finance Corporation, to
accelerate the development, manufacturing, production, and
efficient and equitable distribution of--
(A) vaccines and related raw materials to meet or exceed
the vaccination goals under paragraph (6); and
(B) global health commodities, including supplies to combat
COVID-19 and to help immediately disrupt the transmission of
SARS-CoV-2;
(8) supporting global COVID-19 vaccine distribution
strategies that strengthen underlying health systems and
ensure that people living in vulnerable and marginalized
communities, including women, do not face undue barriers to
vaccination;
(9) working with key stakeholders, including through the
World Bank Group, the International Monetary Fund, the
International Finance Corporation, and other relevant
regional and bilateral financial institutions, to address the
economic and financial implications of the COVID-19 pandemic,
while taking into account the differentiated needs of
disproportionately affected, vulnerable, and marginalized
populations;
(10) entering into discussions with vaccine manufacturing
companies to support partnerships, with the goal of ensuring
adequate global supply of vaccines, which may include
necessary components and raw materials;
(11) establishing clear timelines, benchmarks, and goals
for COVID-19 response strategies and activities under this
section; and
(12) generating commitments of resources in support of the
goals referred to in paragraph (6).
(b) Oversight of United States Foreign Assistance to End
the COVID-19 Pandemic.--
(1) Reporting requirements.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of State
and the USAID Administrator shall jointly submit to the
appropriate congressional committees--
(A) an unclassified report containing a description of
funds already obligated and expended under title X of the
American Rescue Plan Act of 2021 (Public Law 117-2); and
(B) a plan that describes the objectives and timeline for
the obligation and expenditure of all remaining funds
appropriated under title X of the American Rescue Plan Act of
2021, to include support for civil society for the protection
of human rights in the context of the COVID-19 pandemic,
which shall be submitted in an unclassified form, and should
include a description of steps taken pursuant to each
objective specified in the plan.
(2) Congressional consultation.--Not less frequently than
once every 60 days, until the completion or termination of
the implementation plan required under paragraph (1)(B), and
upon the request from one or more of the appropriate
congressional committees, the Secretary of State and the
USAID Administrator shall provide a briefing to the
appropriate congressional committees regarding the report
required under paragraph (1)(A) and the status of the
implementation of the plan required under paragraph (1)(B).
(3) Branding.--In providing assistance under this section,
the Secretary of State and the USAID Administrator, with due
consideration for the safety and security of implementing
partners and beneficiaries, shall prescribe the use of logos
or other insignia, which may include the flag of the United
States, to appropriately identify such assistance as being
from the people of the United States.
(c) United States Contributions to the Global Fund to Fight
AIDS, Tuberculosis, and Malaria COVID-19 Response
Mechanism.--United States contributions to the Global Fund to
Fight AIDS, Tuberculosis, and Malaria COVID-19 Response
Mechanism under section 10003(a)(2) of the American Rescue
Plan Act of 2021 (Public Law 107-2)--
(1) shall be meaningfully leveraged in a manner that
incentivizes other public and private donor contributions;
and
(2) shall be subject to the reporting and withholding
requirements under subsections (c), (d)(4)(A)(ii), (d)(4)(C),
(d)(5), (d)(6), (f), and (g) of section 202 of the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (22 U.S.C. 7622).
(d) Global COVID-19 Vaccine Distribution and Delivery.--
(1) Accelerating global vaccine distribution strategy.--The
President shall develop a strategy to expand access to, and
accelerate the global distribution of, COVID-19 vaccines to
other countries, which shall--
(A) identify the countries that have the highest infection
and death rates due to COVID-19, the lowest COVID-19
vaccination rates, and face the most difficult political,
logistical, and financial challenges to obtaining and
delivering COVID-19 vaccines, and describe the basis and
metrics used to make such determinations;
(B) identify which countries and regions will be
prioritized and targeted for COVID-19 vaccine delivery, and
the rationale for such prioritization;
(C) describe efforts that the United States is making to
increase COVID-19 vaccine manufacturing capacity, both
domestically and internationally, as appropriate, through
[[Page S8165]]
support for the establishment or refurbishment of regional
manufacturing hubs in South America, South Africa, and South
Asia, including through the provision of international
development finance, and estimate when, how many, and which
types of vaccines will be provided by the United States
Government bilaterally and through COVAX;
(D) describe efforts to encourage international partners to
take actions similar to the efforts referred to in
subparagraph (C);
(E) describe how the United States Government will ensure
efficient delivery of COVID-19 vaccines to intended
recipients, including United States citizens residing
overseas, and identify complementary United States foreign
assistance that will facilitate vaccine readiness,
distribution, delivery, monitoring, and administration
activities;
(F) describe how the United States Government will ensure
the efficient delivery and administration of COVID-19
vaccines to United States citizens residing overseas,
including through the donation of vaccine doses to United
States embassies and consulates, as appropriate, giving
priority to--
(i) countries in which United States citizens are deemed
ineligible or low priority in the national vaccination
deployment plan; and
(ii) countries that are not presently distributing a COVID-
19 vaccine that--
(I) has been licensed or authorized for emergency use by
the Food and Drug Administration; or
(II) has met the necessary criteria for safety and efficacy
established by the World Health Organization;
(G) summarize the United States Government's efforts to
encourage and facilitate technology sharing and the licensing
of intellectual property, to the extent necessary, to support
the adequate and timely supply of vaccines and vaccine
components to meet the vaccination goals specified in
subsection (a)(6), giving due consideration to avoiding
undermining intellectual property innovation and intellectual
property rights or protections with respect to vaccine
development in performing the assessment required under this
subparagraph;
(H) describe the roles, responsibilities, tasks, and, as
appropriate, the authorities of the Secretary of State, the
USAID Administrator, the Secretary of Health and Human
Services, the Director of the Centers for Disease Control and
Prevention, the Chief Executive Officer of the United States
International Development Finance Corporation, and the heads
of other relevant Federal departments and agencies with
respect to the implementation of such strategy;
(I) describe how the Department of State and USAID will
coordinate with the Secretary of Health and Human Services
and the heads of other relevant Federal agencies to expedite
the export and distribution of excess federally purchased
vaccines to support countries in need and ensure such
vaccines will not be wasted;
(J) summarize the United States public diplomacy strategies
for branding and addressing vaccine misinformation and
hesitancy within partner countries; and
(K) describe efforts that the United States is making to
help countries disrupt the current transmission of COVID-19,
while simultaneously increasing vaccination rates, utilizing
medical products and medical supplies.
(2) Submission of strategy.--Not later than 90 days after
the date of the enactment of this Act, the President shall
submit the strategy described in paragraph (1) to--
(A) the appropriate congressional committees;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(C) the Committee on Energy and Commerce of the House of
Representatives.
(3) Limitation.--
(A) In general.--No Federal funds may be made available to
COVAX to procure vaccines produced by any companies owned or
controlled by the Government of the People's Republic of
China or by the Chinese Communist Party unless the Secretary
of State certifies that the People's Republic of China--
(i) is providing financial support to COVAX that is
commensurate with the United States' contribution to COVAX;
and
(ii) publically discloses transparent data on the quality,
safety, and efficacy of its COVID-19 vaccines.
(B) Safeguards.--The President shall ensure that
appropriate safeguards are put in place to ensure that the
condition described in subparagraph (A) is honored by Gavi,
the Vaccine Alliance.
(e) Leveraging United States Bilateral Global Health
Programs for the International COVID-19 Response.--
(1) Authorization for leveraging bilateral program
activities.--Amounts authorized to be appropriated or
otherwise made available to carry out section 104 of the
Foreign Assistance Act (22 U.S.C. 2151b) may be used in
countries receiving United States foreign assistance--
(A) to combat the COVID-19 pandemic, including through the
sharing of COVID-19 vaccines; and
(B) to support related activities, including--
(i) strengthening vaccine readiness;
(ii) reducing vaccine hesitancy and misinformation;
(iii) delivering and administering COVID-19 vaccines;
(iv) strengthening health systems and supply chains;
(v) supporting health care workforce planning, training,
and management;
(vi) enhancing transparency, quality, and reliability of
public health data;
(vii) increasing bidirectional testing, including screening
for symptomatic and asymptomatic cases; and
(viii) building laboratory capacity.
(2) Adjustment of targets and goals.--The Secretary of
State, in coordination with the heads of other relevant
Federal departments and agencies, shall submit an annual
report to the appropriate congressional committees that
identifies--
(A) any adjustments to original program targets and goals
that result from the use of funds for the purposes authorized
under paragraph (1); and
(B) the amounts needed in the following fiscal year to meet
the original program goals, as necessary and appropriate.
(f) Report on Humanitarian Response to the COVID-19
Pandemic.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the USAID Administrator and the Secretary
of Health and Human Services, shall submit a report to the
appropriate congressional committees that--
(A) assesses the global humanitarian response to COVID-19;
and
(B) outlines specific elements of the United States
Government's country-level humanitarian response to the
COVID-19 pandemic.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) for countries receiving United States assistance, a
description of humanitarian and health-worker access to
crisis-affected areas, including--
(i) legal and bureaucratic restrictions on the entry of
humanitarian workers from abroad, to include visa
authorizations that do not allow adequate time for
humanitarian workers to quarantine upon arrival in-line with
host country regulations, conduct needs assessments, and
subsequently implement multilateral and United States-funded
programming in an efficient, effective, and unrestricted
manner;
(ii) restrictions on travel by humanitarian workers within
such country to reach the areas of operation where vulnerable
and marginalized populations reside;
(iii) access to medical evacuation in the event of a health
emergency;
(iv) access to personal protective equipment for United
States Government implementing partners; and
(v) efforts to support access to COVID-19 vaccines for
humanitarian and health-workers and crisis-affected
communities;
(B) an analysis and description of countries (regardless of
whether such countries have received direct United States
assistance) that have expressly prevented vulnerable
populations from accessing necessary assistance related to
COVID-19, including--
(i) the omission of vulnerable populations from national
response plans;
(ii) laws, policies, or practices that restrict or preclude
treatment of vulnerable populations at public hospitals and
health facilities; and
(iii) exclusion of, or discrimination against, vulnerable
populations in law, policy, or practice that prevents
equitable access to food, shelter, and other basic
assistance;
(C) a description of United States Government efforts to
facilitate greater humanitarian access, including--
(i) advocacy and diplomatic efforts with relevant foreign
governments and multilateral institutions to ensure that
vulnerable and marginalized populations are included in
national response plans and other relevant plans developed in
response to the COVID-19 pandemic; and
(ii) advocacy and diplomatic efforts with relevant foreign
governments to ensure that appropriate visas, work permits,
and domestic travel exemptions are issued for humanitarian
and health workers responding to the COVID-19 pandemic; and
(D) a description of United States Government plans and
efforts to address the second-order impacts of the COVID-19
pandemic and an assessment of the resources required to
implement such plans, including efforts to address--
(i) famine and acute food insecurity;
(ii) gender-based violence;
(iii) mental health and psychosocial support needs;
(iv) child protection needs;
(v) health, education, and livelihoods;
(vi) shelter; and
(vii) attempts to close civil society space, including
through bureaucratic, administrative, and health or security
related impediments.
(g) Safeguarding Democracy and Human Rights During the
COVID-19 Pandemic.--
(1) Sense of congress.--It is the sense of Congress that--
(A) governments may be required to take appropriate
extraordinary measures during public health emergencies to
halt the spread of disease, including closing businesses and
public events, limiting access to public spaces, and
restricting the movement of people;
(B) certain foreign governments have taken measures in
response to COVID-19 that violate the human rights of their
citizens without clear public health justification, oversight
measures, or sunset provisions;
[[Page S8166]]
(C) governments using the COVID-19 pandemic as a pretext
for repression have undermined democratic institutions,
debilitated institutions for transparency and public
integrity, quashed legitimate dissent, and attacked
journalists, civil society organizations, activists,
independent voices, and vulnerable and marginalized
populations, including refugees and migrants, with far-
reaching consequences that will extend beyond the current
crisis;
(D) foreign governments should take immediate steps to
release from prison all arbitrarily detained United States
citizens and political prisoners who may be at increased risk
for contracting or suffering from complications from COVID-
19;
(E) COVID-19 threatens to roll back decades of progress for
women and girls, disproportionately affecting women
economically, educationally, and with respect to health,
while also leading to alarming rises in gender based
violence; and
(F) during and after the pandemic, the Department of State
and USAID should directly, and through nongovernmental
organizations or international organizations, provide
assistance and implement programs that support democratic
institutions, civil society, free media, and the advancement
of internationally recognized human rights.
(2) Funding for civil society and human rights defenders.--
(A) Program priorities.--Amounts made available for each of
the fiscal years 2022 through 2026 to carry out the purposes
of sections 101 and 102 of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 and 2151-1), including programs to support
democratic institutions, human rights defenders, civil
society, and freedom of the press, should be targeted, to the
extent feasible, toward civil society organizations in
countries in which emergency government measures taken in
response to the COVID-19 pandemic have violated
internationally recognized human rights.
(B) Eligible organizations.--Civil society organizations
operating in countries in which emergency government measures
taken in response to the COVID-19 pandemic violated
internationally recognized human rights shall be eligible to
receive funds made available to carry out the purposes of
sections 101 and 102 of the Foreign Assistance Act of 1961
for each of the fiscal years 2022 through 2026, for--
(i) programs designed to strengthen and support civil
society, human rights defenders, freedom of association, and
the freedom of the press;
(ii) programs to restore democratic institutions; and
(iii) peacebuilding and conflict prevention to address the
impacts of COVID-19 on social cohesion, public trust, and
conflict dynamics by adapting existing programs or investing
in new ones.
(C) Final report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
that--
(i) lists the countries whose emergency measures limiting
internationally recognized human rights in a manner
inconsistent with the principles of limitation and derogation
remain in place;
(ii) describes such countries' emergency measures,
including--
(I) how such procedures violate internationally recognized
human rights; and
(II) an analysis of the impact of such measures on access
to health and efforts to control the COVID-19 pandemic within
the country;
(iii) describes--
(I) security and intelligence surveillance measures
implemented by countries during the COVID-19 pandemic;
(II) the extent to which such measures have been, or have
not been, rolled back; and
(III) whether and how such measures impact internationally
recognized human rights; and
(iv) includes a strategic plan by the Department of State
and USAID that addresses, through multilateral and bilateral
diplomacy and foreign assistance, the persistent issues
related to the restriction of internationally recognized
human rights in the COVID-19 response.
(h) Public Diplomacy and Combating Disinformation and
Misinformation About COVID-19.--
(1) United states agency for global media.--
(A) Finding.--Congress finds that the United States Agency
for Global Media (referred to in this subsection as
``USAGM'') broadcasting entities and grantees have proven
valuable in providing timely and accurate information,
particularly in countries in which the free press is under
threat.
(B) Sense of congress.--It is the sense of Congress that--
(i) accurate, investigative, and scientific journalism is
critical for societies to effectively combat global health
threats; and
(ii) Congress supports--
(I) accurate and objective investigative and scientific
reporting by USAGM networks and grantees regarding COVID-19;
and
(II) platforms that help dispel and combat misinformation
about the COVID-19 pandemic.
(C) Voice of america.--It is the sense of Congress that
amounts authorized to be appropriated or otherwise made
available to Voice of America should be used--
(i) to expand programs such as POLYGRAPH.info;
(ii) to provide critical tools for combating propaganda
associated with COVID-19; and
(iii) to assist journalists in providing accurate
information to local media outlets.
(D) Office of cuba broadcasting.--It is the sense of
Congress that Radio Television Marti and Digital Marti should
continue to broadcast programs that detect, highlight, and
dispel disinformation.
(E) Radio free europe/radio liberty.--
(i) Finding.--Congress finds that Radio Free Europe/Radio
Liberty (referred to in this section as ``RFE/RL'') operate
in media markets in which authoritarian state and nonstate
actors, including Russia, heavily invest in misinformation
and disinformation campaigns designed to promote confusion
and mistrust.
(ii) Sense of congress.--It is the sense of Congress that
RFE/RL should--
(I) increase investigative reporting regarding the impacts
of COVID-19, the political and social responses governments
are taking in response to COVID-19, and the lasting impacts
such actions will have on key political freedoms; and
(II) expand its ``digital first'' strategy.
(F) Radio free asia.--
(i) Finding.--Congress finds that Radio Free Asia (RFA)
operates in a media market dominated by powerful state-run
media that have invested heavily in media distortion and
disinformation, including about COVID-19.
(ii) Sense of congress.--It is the sense of Congress that
RFA should--
(I) commission technical experts to bolster efforts to
counter social media tools, including bots used by some
countries to promote misinformation;
(II) expand digital programming and local coverage to
expose China's media manipulation techniques; and
(III) increase English language content to help counter
China's propaganda directed toward English-speaking
audiences.
(G) Middle east broadcasting networks.--
(i) Finding.--Congress finds that the Middle East
Broadcasting Networks operate largely in closed media markets
in which malign state and nonstate actors remain active.
(ii) Sense of congress.--It is the sense of Congress that
the Middle East Broadcasting Networks should--
(I) continue plans to expand an investigative news unit;
and
(II) work to ensure that reporting continues amidst
operational challenges on the ground.
(H) Open technology fund.--
(i) Finding.--Congress finds that the Open Technology Fund
works to advance internet freedom in repressive environments
by supporting technologies that--
(I) provide secure and uncensored access to USAGM's content
and the broader internet; and
(II) counter attempts by authoritarian governments to
control the internet and restrict freedom online.
(ii) Sense of congress.--It is the sense of Congress that
the Open Technology Fund should--
(I) support a broad range of technologies to respond to
increasingly aggressive and sophisticated censorship and
surveillance threats and provide more comprehensive and
tailored support to USAGM's networks; and
(II) provide direct assistance to USAGM's networks to
improve the digital security of reporting operations and
journalists.
(2) Department of state public diplomacy programs.--
(A) Findings.--Congress finds the following:
(i) The Department of State's public diplomacy programs
build global networks that can address shared challenges,
such as the COVID-19 pandemic, including through exchanges of
researchers, public health experts, and scientists.
(ii) The programs referred to in clause (i) play a critical
role in creating open and resilient information environments
where democracies can thrive, as articulated in the 2020
Public Diplomacy Strategic Plan, including by--
(I) improving media quality with journalist training and
reporting tours;
(II) conducting media literacy programs; and
(III) supporting media access activities.
(iii) The International Visitor Leadership Program and
Digital Communications Network engaged journalists around the
world to combat COVID-19 disinformation, promote unbiased
reporting, and strengthen media literacy.
(iv) More than 12,000 physicians holding J-1 visas from 130
countries--
(I) are engaged in residency or fellowship training at
approximately 750 hospitals throughout the United States, the
majority of whom are serving in States that have been the
hardest hit by COVID-19; and
(II) throughout the pandemic, have served on the front
lines of the medical workforce and in United States
university laboratories researching ways to detect and treat
the virus.
(B) Visa processing briefing.--Not later than 30 days after
the date of the enactment of this Act, the Assistant
Secretary for Consular Affairs shall brief the appropriate
congressional committees by providing--
(i) a timeline for increasing visa processing capacities at
embassies around the world, notably where there are--
[[Page S8167]]
(I) many American citizens, including dual nationals; and
(II) many visa applicants for educational and cultural
exchange programs that promote United States foreign policy
objectives and economic stability to small businesses,
universities, and communities across the United States;
(ii) a detailed plan for using existing authorities to
waive or provide other alternatives to in-person appointments
and interviews;
(iii) an assessment of whether additional authorities and
resources are required for the use of videoconference
appointments and interviews as an alternative to in-person
appointments and interviews; and
(iv) a detailed plan for using existing authorities to
rapidly cross-train and surge temporary personnel to support
consular services at embassies and consulates of the United
States around the world, and an assessment of whether
additional authorities and resources are required.
(C) Global engagement center.--
(i) Finding.--Congress finds that since the beginning of
the COVID-19 pandemic, publications, websites, and platforms
associated with China, Russia, and Iran have sponsored
disinformation campaigns related to the COVID-19 pandemic,
including falsely blaming the United States for the disease.
(ii) Sense of congress.--It is the sense of Congress that
the Global Engagement Center should continue its efforts to
expose and counter state and non-state-sponsored
disinformation related to COVID-19, the origins of COVID-19,
and COVID-19 vaccinations.
(i) Findings and Sense of Congress Regarding the United
States International Development Finance Corporation.--
(1) Findings.--Congress finds the following:
(A) The COVID-19 pandemic is causing a global economic
recession, as evidenced by the global economic indicators
described in subparagraphs (B) through (D).
(B) The United Nations Conference on Trade and Development
determined that the COVID-19 pandemic pushed the global
economy into recession in 2020 on a scale that has not been
witnessed since the 1930s.
(C) Developed countries are expected to experience a
relatively more significant rebound in gross domestic product
growth during 2021 than is expected to be experienced in
developing countries, leading to concerns about a further
expansion in the gap between rich and poor countries,
particularly if this trend continues into 2022.
(D) Global markets have suffered losses ranging between 5
percent and over 10 percent since the beginning of the
pandemic. While markets are recovering in 2021, global job
losses and unemployment rates remain high, with--
(i) approximately 33,000,000 labor hours lost globally (13
per cent of the total hours lost) due to outright
unemployment; and
(ii) an estimated additional 81,000,000 labor hours lost
due to inactivity or underemployment.
(E) Given the prolonged nature of the COVID-19 pandemic,
African finance ministers have requested continued efforts to
provide--
(i) additional liquidity;
(ii) better market access;
(iii) more concessional resources; and
(iv) an extension in the Debt Service Suspension Initiative
established by the Group of 20.
(2) Sense of congress.--It is the sense of Congress that--
(A) even when markets begin to recover in the future, it is
likely that access to capital will be especially challenging
for developing countries, which still will be struggling with
the containment of, and recovery from, the COVID-19 pandemic;
(B) economic uncertainty and the inability of individuals
and households to generate income are major drivers of
political instability and social discord, which create
conditions for insecurity;
(C) it is in the security and economic interests of the
United States to assist in the economic recovery of
developing countries that are made more vulnerable and
unstable from the public health and economic impacts of the
COVID-19 pandemic;
(D) United States foreign assistance and development
finance institutions should seek to blunt the impacts of a
COVID-19 related economic recession by supporting investments
in sectors critical to maintaining economic stability and
resilience in low and middle income countries;
(E) the need for the United States International
Development Finance Corporation's support for advancing
development outcomes in less developed countries, as mandated
by the Better Utilization of Investments Leading to
Development Act of 2018 (22 U.S.C. 9601 et seq.), is critical
to ensuring lasting and resilient economic growth in light of
the COVID-19 pandemic's exacerbation of economic hardships
and challenges;
(F) The United States International Development Finance
Corporation should adjust its view of risk versus return by
taking smart risks that may produce a lower rate of financial
return, but produce significant development outcomes in
responding to the economic effects of COVID-19;
(G) to mitigate the economic impacts of the COVID-19
recession, the United States International Development
Finance Corporation should use its resources and authorities,
among other things--
(i) to ensure loan support for small- and medium-sized
enterprises;
(ii) to offer local currency loans to borrowers for working
capital needs;
(iii) to create dedicated financing opportunities for new
``customers'' that are experiencing financial hardship due to
the COVID-19 pandemic; and
(iv) to work with other development finance institutions to
create co-financing facilities to support customers
experiencing hardship due to the COVID-19 pandemic.
(j) Sense of Congress Regarding International Cooperation
to Prevent and Respond to Future Pandemics.--It is the sense
of Congress that--
(1) global pandemic preparedness and response requires
international and regional cooperation and action;
(2) the United States should lead efforts in multilateral
fora, such as the Group of 7, the Group of 20, and the United
Nations, by collaborating and cooperating with other
countries and international and regional organizations,
including the World Health Organization and other key
stakeholders, to implement international strategies, tools,
and agreements to better prevent, detect, and respond to
future infectious disease threats before they become
pandemics; and
(3) the United States should enhance and expand
coordination and collaboration among the relevant Federal
departments and agencies, the Food and Agriculture
Organization of the United Nations, the World Health
Organization, and the World Organization for Animal Health,
to advance a One Health approach toward preventing,
detecting, and responding to zoonotic threats in the human-
animal interface.
(k) Roles of the Department of State, the United States
Agency for International Development, and the Department of
Health and Human Services in International Pandemic
Response.--
(1) Designation of lead agencies for coordination of the
united states' international response to infectious disease
outbreaks with severe or pandemic potential.--The President
shall designate relevant Federal departments and agencies,
including the Department of State, USAID, and the Department
of Health and Human Services (including the Centers for
Disease Control and Prevention), to lead specific aspects of
the United States' international response to outbreaks of
emerging high-consequence infectious disease threats.
(2) Notification.--Not later than 120 days after the date
of the enactment of this Act, the President shall notify the
appropriate congressional committees, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives of the designations made pursuant to
paragraph (1), including detailed descriptions of the roles
and responsibilities of each relevant department and agency.
(l) USAID Disaster Surge Capacity.--
(1) Surge capacity.--Amounts authorized to be appropriated
or otherwise made available to carry out part I and chapter 4
of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.), including funds made available for
``Assistance for Europe, Eurasia and Central Asia'', may be
used, in addition to amounts otherwise made available for
such purposes, for the cost (including support costs) of
individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to global
health emergencies and natural or man-made disasters.
(2) Notification.--Not later than 15 days before making
funds available to address man-made disasters pursuant to
paragraph (1), the Secretary of State or the USAID
Administrator shall notify the appropriate congressional
committees of such action.
(m) Statement of Policy on Humanitarian Assistance to
Countries Affected by Pandemics.--
(1) Statement of policy.--It shall be the policy of the
United States--
(A) to ensure that United States assistance to address
pandemics, including the provision of vaccines, reaches
vulnerable and marginalized populations, including racial and
religious minorities, refugees, internally displaced persons,
migrants, stateless persons, women, children, the elderly,
and persons with disabilities;
(B) to ensure that United States assistance, including
development finance, addresses the second order effects of a
pandemic, including acute food insecurity; and
(C) to protect and support humanitarian actors who are
essential workers in preventing, mitigating and responding to
the spread of a pandemic among vulnerable and marginalized
groups described in subparagraph (A), including ensuring that
such humanitarian actors--
(i) are exempted from unreasonable travel restrictions to
ensure that they can effectively provide life-saving
assistance; and
(ii) are prioritized as frontline workers in country
vaccine distribution plans.
(2) Facilitating effective and safe humanitarian
assistance.--The Secretary of State, in coordination with the
USAID Administrator, should carry out actions that accomplish
the policies set forth in paragraph (1), including by--
(A) taking steps to ensure that travel restrictions
implemented to help contain the spread of a pandemic are not
applied to individuals authorized by the United States
Government to travel to, or reside in, a designated country
to provide assistance related to, or otherwise impacted by,
an outbreak;
[[Page S8168]]
(B) approving the use of foreign assistance for the
procurement of personal protective equipment by United States
Government implementing partners from businesses within or
nearby the country receiving foreign assistance on an urgent
basis and in a manner consistent with efforts to respond to
the spread of a pandemic in the United States; and
(C) waiving certain travel restrictions implemented to help
contain the spread of a pandemic in order to facilitate the
medical evacuation of United States Government implementing
partners, regardless of nationality.
SEC. 1295. INTERNATIONAL PANDEMIC PREVENTION AND
PREPAREDNESS.
(a) Partner Country Defined.--In this section, the term
``partner country'' means a foreign country in which the
relevant Federal departments and agencies are implementing
United States assistance for global health security and
pandemic prevention and preparedness under this subtitle.
(b) United States Global Health Security and Diplomacy
Strategy and Report.--
(1) In general.--The President shall develop, update,
maintain, and advance a comprehensive strategy for improving
global health security and pandemic prevention, preparedness,
and response that--
(A) clearly articulates the policy goals related to
pandemic prevention, preparedness, and response, and actions
necessary to elevate and strengthen United States diplomatic
leadership in global health security and pandemic
preparedness, including by building the expertise of the
diplomatic corps;
(B) improves the effectiveness of United States foreign
assistance to prevent, detect, and respond to infectious
disease threats, including through the advancement of a One
Health approach, the Global Health Security Agenda, the
International Health Regulations (2005), and other relevant
frameworks and programs that contribute to global health
security and pandemic preparedness;
(C) establishes specific and measurable goals, benchmarks,
timetables, performance metrics, and monitoring and
evaluation plans for United States foreign policy and
assistance for global health security that promote learning
and adaptation and reflect international best practices
relating to global health security, transparency, and
accountability;
(D) establishes transparent means to improve coordination
and performance by the relevant Federal departments and
agencies and sets out clear roles and responsibilities that
reflect the unique capabilities and resources of each such
department and agency;
(E) establishes mechanisms to improve coordination and
avoid duplication of effort among the relevant Federal
departments and agencies, partner countries, donor countries,
the private sector, multilateral organizations, and other key
stakeholders, and ensures collaboration at the country level;
(F) supports, and is aligned with, partner country-led,
global health security policy and investment plans, developed
with input from key stakeholders, as appropriate;
(G) prioritizes working with partner countries with--
(i) demonstrated need, as identified through the Joint
External Evaluation process, the Global Health Security Index
classification of health systems, national action plans for
health security, the Global Health Security Agenda, other
risk-based assessments, and other complementary or successor
indicators of global health security and pandemic
preparedness; and
(ii) demonstrated commitment to transparency, including
budget and global health data transparency, complying with
the International Health Regulations (2005), investing in
domestic health systems, and achieving measurable results;
(H) reduces long-term reliance upon United States foreign
assistance for global health security by--
(i) helping build and enhance community resilience to
infectious disease emergencies and threats, such as COVID-19
and Ebola;
(ii) ensuring that United States global health assistance
is strategically planned and coordinated in a manner that
contributes to the strengthening of overall health systems
and builds the capacity of local organizations and
institutions;
(iii) promoting improved domestic resource mobilization,
co-financing, and appropriate national budget allocations for
strong public health systems, global health security, and
pandemic preparedness and response in partner countries; and
(iv) ensuring partner country ownership of global health
security strategies, data, programs, and outcomes;
(I) supports health budget and workforce planning in
partner countries, including training in public financial
management and budget data transparency;
(J) works to ensure that--
(i) partner countries have national action plans for health
security that are developed with input from key stakeholders,
including communities and the private sector;
(ii) United States foreign assistance for global health
security is aligned with such national action plans for
health security in partner countries, developed with input
from key stakeholders, including communities and the private
sector, to the greatest extent practicable and appropriate;
and
(iii) United States global health security efforts are
aligned with ongoing strategies and initiatives across
government agencies to help nations better identify and
prevent health impacts related to deforestation, climate-
related events, and increased unsafe interactions between
wildlife, livestock, and people, including the emergence,
reemergence, and spread of zoonoses;
(K) strengthens linkages between complementary bilateral
and multilateral foreign assistance programs, including
efforts of the World Bank, the World Health Organization, the
Global Fund to Fight AIDS, Tuberculosis, and Malaria, Gavi,
the Vaccine Alliance, and regional health organizations, that
contribute to the development of more resilient health
systems and supply chains in partner countries with the
capacity, resources, and personnel required to prevent,
detect, and respond to infectious disease threats; and
(L) supports innovation and partnerships with the private
sector, health organizations, civil society, nongovernmental
organizations, and health research and academic institutions
to improve pandemic preparedness and response, including for
the prevention and detection of infectious disease, and the
development and deployment of effective and accessible
infectious disease tracking tools, diagnostics, therapeutics,
and vaccines.
(2) Submission of strategy.--Not later than 120 days after
the date of the enactment of this Act, the President shall
submit the strategy required under paragraph (1) to the
appropriate congressional committees, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives.
(3) Annual report.--
(A) In general.--Not later than 1 year after the submission
of the strategy to the congressional committees referred to
in paragraph (2), and not later than October 1 of each year
thereafter for the following 4 fiscal years, the President
shall submit a report to such congressional committees that
describes--
(i) the status of the implementation of the strategy
required under paragraph (1);
(ii) any necessary updates to the strategy;
(iii) the progress made in implementing the strategy, with
specific information related to the progress toward improving
countries' ability to detect, respond and prevent the spread
of infectious disease threats, such as COVID-19 and Ebola;
and
(iv) details on the status of funds made available to carry
out the purposes of this section.
(B) Agency-specific plans.--The reports required under
subparagraph (A) shall include specific implementation plans
from each relevant Federal department and agency that
describe--
(i) how updates to the strategy may have impacted the
agency's plan during the preceding calendar year;
(ii) the progress made in meeting the goals, objectives,
and benchmarks under implementation plans during the
preceding year;
(iii) the anticipated staffing plans and contributions of
the department or agency, including technical, financial, and
in-kind contributions, to implement the strategy;
(iv) a transparent, open, and detailed accounting of
obligations by each of the relevant Federal departments and
agencies to implement the strategy, including--
(I) the statutory source of obligated funds;
(II) the amounts obligated;
(III) implementing partners;
(IV) targeted beneficiaries; and
(V) activities supported;
(v) the efforts of the relevant Federal department or
agency to ensure that the activities and programs carried out
pursuant to the strategy are designed to achieve maximum
impact and enduring returns, including through specific
activities to strengthen health systems, as appropriate; and
(vi) a plan for regularly reviewing and updating programs
and partnerships, and for sharing lessons learned with a wide
range of stakeholders in an open, transparent manner.
(C) Form.--The reports required under subparagraph (A)
shall be submitted in unclassified form, but may contain a
classified annex.
(c) Committee on Global Health Security and Pandemic and
Biological Threats.--
(1) Statement of policy.--It shall be the policy of the
United States--
(A) to promote global health security as a core national
security interest; and
(B) to ensure effective coordination and collaboration
between the relevant Federal departments and agencies engaged
in efforts to advance the global health security of the
United States.
(2) Coordination.--
(A) Establishment of committee.--There is authorized to be
established, within the National Security Council, the
Committee on Global Health Security and Pandemic and
Biological Threats (referred to in this subsection as the
``Committee''), whose day-to-day operations should be led by
the Special Advisor for Global Health Security.
(B) Special advisor for global health security.--The
Special Advisor for Global Health Security--
(i) should serve on the staff of the National Security
Council; and
(ii) may also be the Senior Director for the Global Health
Security and Biodefense Directorate within the Executive
Office of the President, who reports to the Assistant to the
President for National Security Affairs.
(C) Functions.--
[[Page S8169]]
(i) In general.--The functions of the Committee should be--
(I) to provide strategic guidance for the development of a
policy framework for United States Government activities
relating to global health security, including pandemic
prevention, preparedness and response; and
(II) to ensure policy coordination between United States
Government agencies.
(ii) Activities.--In carrying out the functions described
in clause (i), the Committee should--
(I) conduct, in coordination with the heads of relevant
Federal departments and agencies, a review of existing United
States global health security policies and strategies;
(II) develop recommendations for how the Federal Government
may regularly update and harmonize the policies and
strategies referred to in subclause (I) to enable the United
States Government to respond to pandemic threats and to
monitor the implementation of such strategies;
(III) develop a plan for modernizing global early warning
and trigger systems for scaling action to prevent, detect,
respond to, and recover from emerging biological threats;
(IV) provide policy-level recommendations regarding the
Global Health Security Agenda goals, objectives, and
implementation, and other international efforts to strengthen
pandemic prevention, preparedness and response;
(V) review the progress toward, and working to resolve
challenges in, achieving United States commitments under the
Global Health Security Agenda;
(VI) develop protocols for coordinating and deploying a
global response to emerging high-consequence infectious
disease threats that outline the respective roles for
relevant Federal agencies in facilitating and supporting such
response operations that should facilitate the operational
work of Federal agencies and of the Special Advisor for
Global Health Security;
(VII) make recommendations regarding appropriate responses
to specific pandemic threats and ensure the coordination of
domestic and international agencies regarding the Federal
Government's efforts to prevent, detect, respond to, and
recover from biological events;
(VIII) take steps to strengthen the global pandemic supply
chain and address any barriers to the timely delivery of
supplies in response to a pandemic, including through
engagement with the private sector, as appropriate;
(IX) develop recommendations to ensure the effective
sharing of information from domestic and international
sources about pandemic threats among the relevant Federal
departments and agencies, State and local governments, and
international partners and organizations; and
(X) develop guidelines to enhance and improve the
operational coordination between State and local governments
and Federal agencies with respect to pandemic threats.
(D) Responsibilities of departments and agencies.--The
Committee and the Special Advisor for Global Health Security
shall not assume any responsibilities or authorities of the
head of any Federal department, agency, or office, including
the foreign affairs responsibilities and authorities of the
Secretary of State to oversee the implementation of programs
and policies that advance global health security within
foreign countries.
(E) Specific roles and responsibilities.--
(i) In general.--The heads of the relevant Federal
departments and agencies should--
(I) make global health security and pandemic threat
reduction a high priority within their respective departments
and agencies, and include global health security and pandemic
threat reduction-related activities within their respective
agencies' strategic planning and budget processes;
(II) designate a senior-level official to be responsible
for global health security and pandemic threat reduction at
each of their respective departments and agencies;
(III) designate an appropriate representative at the
Assistant Secretary level or higher to participate on the
Committee whenever the head of the department or agency
cannot participate;
(IV) keep the Committee apprised of Global Health Security
and pandemic threat reduction-related activities undertaken
within their respective departments and agencies;
(V) ensure interagency cooperation and collaboration and
maintain responsibility for agency-related programmatic
functions including, as applicable, in coordination with
partner governments, country teams, and global health
security in-country teams; and
(VI) keep the Committee apprised of GHSA-related activities
undertaken within their respective agencies.
(ii) Additional roles and responsibilities.--In addition to
the roles and responsibilities described in clause (i), the
heads of the relevant Federal departments and agencies should
carry out their respective roles and responsibilities
described in--
(I) Executive Order 13747 (81 Fed. Reg. 78701; relating to
Advancing the Global Health Security Agenda to Achieve a
World Safe and Secure from Infectious Disease Threats); and
(II) the National Security Memorandum-1 on United States
Global Leadership to Strengthen the International COVID-19
Response and to Advance Global Health Security and Biological
Preparedness, as in effect on the day before the date of the
enactment of this Act.
(d) United States Overseas Global Health Security and
Diplomacy Coordination.--
(1) Establishment.--There is established, within the
Department of State, a Special Representative for United
States International Activities to Advance Global Health
Security and Diplomacy Overseas (referred to in this
subsection as the ``Special Representative'').
(2) Appointment; qualifications.--The Special
Representative--
(A) shall be appointed by the President, by and with the
advice and consent of the Senate;
(B) shall report to the Secretary of State; and
(C) shall have--
(i) demonstrated knowledge and experience in the fields of
development and public health, epidemiology, or medicine; and
(ii) relevant diplomatic, policy, and political expertise.
(3) Authorities.--The Special Representative is
authorized--
(A) to operate internationally to carry out the purposes of
this section;
(B) to lead in developing a global pandemic prevention,
preparedness and response framework to support global
pandemic prevention, preparedness, responses and recovery
efforts, including through--
(i) diplomatic engagement and related foreign policy
efforts, such as multilateral and bilateral arrangements,
enhanced coordination of engagement with multilateral
organizations and countries, and the mobilization of donor
contributions; and
(ii) support for United States citizens living abroad,
including consular support;
(C) to serve as the representative of the Department of
State on the Committee on Global Health Security and Pandemic
and Biological Threats authorized to be established under
subsection (b)(2)(B);
(D) to represent the United States in the multilateral,
catalytic financing mechanism described in section
1296(b)(1);
(E) to transfer and allocate United States foreign
assistance funding authorized to be appropriated pursuant to
paragraph (6) to the relevant Federal departments and
agencies implementing the strategy required under subsection
(b), in coordination with the Office of Management and Budget
and USAID;
(F) to utilize detailees, on a reimbursable or
nonreimbursable basis, from the relevant Federal departments
and agencies and hire personal service contractors, who may
operate domestically and internationally, to ensure that the
Office of the Special Representative has access to the
highest quality experts available to the United States
Government to carry out the functions under this subtitle;
and
(G) to perform such other functions as the Secretary of
State may assign.
(4) Duties.--The Special Representative shall coordinate,
manage, and oversee United States foreign policy, diplomatic
efforts, and foreign assistance funded with amounts
appropriated pursuant to paragraph (6) to advance the
relevant elements of the United States Global Health Security
and Diplomacy Strategy developed pursuant to subsection (b),
including by--
(A) developing and coordinating a global pandemic
prevention, preparedness and response framework consistent
with paragraph (3)(B);
(B) enhancing engagement with multilateral organizations
and partner countries, including through the mobilization of
donor support;
(C) enhancing coordination of consular services for United
States citizens abroad in the event of a global health
emergency;
(D) ensuring effective program coordination and
implementation of international activities, by the relevant
Federal departments and agencies by--
(i) formulating, issuing, and updating related policy
guidance;
(ii) establishing, in consultation with USAID and the
Department of Health and Human Services, unified auditing,
monitoring, and evaluation plans;
(iii) aligning, in coordination with United States chiefs
of mission and country teams in partner countries--
(I) the foreign assistance resources funded with amounts
appropriated pursuant to paragraph (6); and
(II) international activities described in the
implementation plans required under subsection (b)(3)(B) with
the relevant Federal departments and agencies in a manner
that--
(aa) is consistent with Executive Order 13747 (81 Fed. Reg.
78701; relating to Advancing the Global Health Security
Agenda to Achieve a World Safe and Secure from Infectious
Disease Threats);
(bb) is consistent with the National Security Memorandum on
United States Global Leadership to Strengthen the
International COVID-19 Response and to Advance Global Health
Security and Biological Preparedness, issued by President
Biden on January 21, 2021; and
(cc) reflects and leverages the unique capabilities of each
such department and agency;
(iv) convening, as appropriate, an interagency working
group on international pandemic prevention and preparedness,
headed by the Special Representative and including
representatives from the relevant Federal departments and
agencies, to facilitate coordination of activities relating
to pandemic
[[Page S8170]]
prevention and preparedness in partner countries under this
subtitle;
(v) working with, and leveraging the expertise and
activities of, the Office of the United States Global AIDS
Coordinator, the Office of the United States Global Malaria
Coordinator, and similar or successor entities that are
implementing United States global health assistance overseas;
and
(vi) avoiding duplication of effort and working to resolve
policy, program, and funding disputes among the relevant
Federal departments and agencies;
(E) leading diplomatic efforts to identify and address
current and emerging threats to global health security;
(F) coordinating, in consultation with the Secretary of
Health and Human Services and the USAID Administrator,
effective representation of the United States in relevant
international forums, including at the World Health
Organization, the World Health Assembly, and meetings of the
Global Health Security Agenda and of the Global Health
Security Initiative;
(G) working to enhance coordination with, and transparency
among, the governments of partner countries and key
stakeholders, including the private sector;
(H) promoting greater donor and national investment in
partner countries to build more resilient health systems and
supply chains, including through representation and
participation in a multilateral, catalytic financing
mechanism for global health security and pandemic prevention
and preparedness, consistent with section 1296;
(I) securing bilateral and multilateral financing
commitments to advance the Global Health Security Agenda, in
coordination with the relevant Federal departments and
agencies, including through funding for the financing
mechanism described in section 1296; and
(J) providing regular updates to the appropriate
congressional committees, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee on
Energy and Commerce of the House of Representatives regarding
the fulfillment of the duties described in this subsection.
(5) Deputy representative.--The Special Representative
should be supported by a deputy, who--
(A) should be an employee of USAID serving in a career or
noncareer position in the Senior Executive Service or at the
level of a Deputy Assistant Administrator or higher;
(B) should have demonstrated knowledge and experience in
the fields of development and public health, epidemiology, or
medicine; and
(C) serves concurrently as the deputy and performs the
functions described in section 3(h) of Executive Order 13747
(81 Fed. Reg. 78701).
(6) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated
$5,000,000,000, for the 5-year period beginning on October 1,
2022, to carry out the purposes of this subsection and
section 1296, which, in consultation with the appropriate
congressional committees and subject to the requirements
under chapters 1 and 10 of part I and section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), may
include support for--
(i) enhancing preparedness in partner countries through
implementation of the Global Health Security Strategy
developed pursuant to subsection (b);
(ii) replenishing the Emergency Reserve Fund at USAID,
established pursuant to section 7058(c)(1) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31) to
address new or emerging infectious disease threats, as
necessary and appropriate;
(iii) United States contributions to the World Bank Health
Emergency Preparedness and Response Multi-Donor Fund; and
(iv) United States contributions to a multilateral,
catalytic financing mechanism for global health security and
pandemic prevention and preparedness described in section
1296(b).
(B) Exception.--Section 110 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107) shall not apply to
assistance made available pursuant to this subsection.
(e) Resilience.--It shall be the policy of the United
States to support the growth of healthier, more stable
societies, while advancing the global health security
interests of the United States by working with key
stakeholders--
(1) in developing countries that are highly vulnerable to
the emergence, reemergence, and spread of infectious diseases
with pandemic potential, including disease outbreaks
resulting from natural and manmade disasters, human
displacement, loss of natural habitat, poor access to water,
sanitation, and hygiene, and other political, security,
economic, and climatic shocks and stresses;
(2) to develop effective tools to identify, analyze,
forecast, and mitigate the risks that make such countries
vulnerable;
(3) to better integrate short-, medium-, and long-term
recovery efforts into global health emergency response and
disaster relief; and
(4) to ensure that international assistance and financing
tools are effectively designed, objectively informed,
strategically targeted, carefully coordinated, reasonably
adapted, and rigorously monitored and evaluated in a manner
that advances the policy objectives under this subsection.
(f) Strengthening Health Systems.--
(1) Statement of policy.--It shall be the policy of the
United States to ensure that bilateral global health
assistance programs are effectively managed and coordinated
to contribute to the strengthening of health systems in each
country in which such programs are carried out, as necessary
and appropriate for the purposes of achieving improved health
outcomes.
(2) Coordination.--The Administrator of USAID shall work
with the Global Malaria Coordinator and the United States
Global AIDS Coordinator and Special Representative for Global
Health Diplomacy at the Department of State, and, as
appropriate, the Secretary of Health and Human Services, to
identify areas of collaboration and coordination in countries
with global health programs and activities undertaken by
USAID pursuant to the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-
25) and other relevant statutes to ensure that such
activities contribute to health systems strengthening.
(3) Pilot program .--
(A) In general.--The Administrator of USAID should identify
not fewer than 5 countries in which the United States has
significant bilateral investments in global health to develop
an integrated approach toward health systems strengthening
that takes advantage of all sources of funding for global
health in such country, with the aim of establishing an
enduring model for coordinating health systems strengthening
activities, including improving pandemic preparedness in
additional countries in the future.
(B) Assessment.--In each of the countries selected under
subparagraph (A), USAID missions, in consultation with
USAID's Office of Health Systems, should conduct an
assessment that--
(i) takes a comprehensive view of the constraints in the
country's health system that prevent the achievement of
desired outcomes of United States Government-supported health
programs;
(ii) identifies the best opportunities for improving health
systems to achieve improved outcomes, including obstacles to
health service delivery;
(iii) maps the resources of the country and other donors in
the health sector with a focus on investment in health system
strengthening; and
(iv) develops, based on the results of the assessment
described in clause (i), and implements a new or revised 5-
year strategy for United States assistance to strengthen the
country's health system that--
(I) provides a framework for implementing such strategy;
(II) identifies key areas for investments to strengthen the
health system in alignment with other donors and achieve
health outcomes beyond a single sector;
(III) specifies the anticipated role of health programs
undertaken by each of the relevant Federal departments and
agencies operating in the country in implementing such
strategy;
(IV) includes clear goals, benchmarks, outputs, desired
outcomes, a means of measuring progress and a cost analysis;
and
(V) requires reporting by each Federal department and
agency regarding their participation and contribution,
including in the PEPFAR Annual Report to Congress.
(C) Strategies to strengthen health systems.--USAID
missions in countries identified pursuant subparagraph (A)
should develop a strategy to strengthen health systems based
on the assessment developed pursuant to subparagraph (B)
that--
(i) ensures complementarity with priorities identified
under any other action plan focused on strengthening a
country's health system, such as the World Health
Organization's Joint External Evaluation and National Action
Plans for Health Security;
(ii) identifies bureaucratic barriers and inefficiencies,
including poor linkages between government ministries and
between ministries and donor agencies and the extent of any
corruption, and identify actions to overcome such barriers;
(iii) identifies potential obstacles to the implementation
of the strategy, such as issues relating to lack of political
will, poor governance of an effective health system at all
levels of the country's public health systems, especially
with respect to governing bodies and councils at the
provincial, district, and community levels, and the exclusion
of women, minorities, other underserved groups, and frontline
health workers in decision making;
(iv) includes proposals for mobilizing sufficient and
durable financing for health systems;
(v) identifies barriers to building and retaining an
effective frontline health workforce with key global health
security capacities, informed by the International Health
Regulations (2005), including--
(I) strengthened data collection and analysis;
(II) data driven decision making capacity;
(III) recommendations for partner country actions to
achieve a workforce that conforms with the World Health
Organization's recommendation for at least 44.5 doctors,
nurses, and midwives and at least 15 paid, trained, equipped,
and professionally supervised community health workers for
every 10,000 people, while supporting proper distribution and
high-quality job performance; and
(IV) inclusion of the community health workforce in
planning for a resilient health
[[Page S8171]]
system to ensure essential service delivery and pandemic
response;
(vi) identifies deficiencies in information systems and
communication technologies that prevent linkages at all
levels of the health system delivery and medical supply
systems and promotes interoperability across data systems
with near real-time data, while protecting data security;
(vii) identifies weaknesses in supply chain and procurement
systems and practices, and recommends ways to improve the
efficiency, transparency, and effectiveness of such systems
and practices;
(viii) identifies obstacles to health service access and
quality and improved health outcomes for women and girls, and
for the poorest and most vulnerable, including a lack of
social support and other underlying causes, and
recommendations for how to overcome such obstacles;
(ix) includes plans for integrating innovations in health
technologies, services, and systems;
(x) identifies barriers to health literacy, community
engagement, and patient empowerment, and recommendations for
overcoming such barriers;
(xi) includes proposals for strengthening community health
systems and the community-based health workforce informed by
the World Health Organization guideline on health policy and
system support to optimize community health worker programmes
(2018), including the professionalization of community health
workers;
(xii) describes the role of the private sector and
nongovernmental health providers, including community groups
engaged in health promotion and mutual assistance and other
institutions engaged in health delivery, including the extent
to which the local population utilizes such health services;
(xiii) facilitates rapid response during health
emergencies, such as last mile delivery of vaccines to
respond to and prevent the spread of infectious diseases with
epidemic and pandemic potential; and
(xiv) ensures that relevant USAID missions and bureaus are
appropriately staffed and resourced to carry out such
activities efficiently, effectively, and in-line with best
practices.
(D) Consultation and reporting requirements.--
(i) Consultation.--In developing a strategy pursuant to
subparagraph (C), each USAID mission should consult with a
wide variety of stakeholders, including--
(I) relevant partner government institutions;
(II) professional associations;
(III) patient groups;
(IV) civil society organizations (including international
nongovernmental organizations with relevant expertise in
program implementation); and
(V) the private sector.
(ii) Reporting.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of USAID and the
United States Global AIDS Coordinator shall submit a report
to the appropriate congressional committees detailing the
progress of the pilot program authorized under this
paragraph, including--
(I) progress made toward the integration and co-financing
of health systems strengthening activities by USAID and the
Office of the Global AIDS Coordinator; and
(II) the results of integrated efforts under this section,
including for cross-cutting efforts to strengthen local
health workforces.
(4) Technical capacity.--
(A) In general.--The Administrator of USAID shall ensure
that USAID is sufficiently resourced and staffed to ensure
performance, consistency, and adoption of best practices in
USAID's health systems programs, including the pilot program
authorized under paragraph (3).
(B) Resources.--The Administrator of USAID and the United
States Global AIDS Coordinator shall include detail in the
fiscal year 2023 Congressional Budget Justification regarding
health systems strengthening activities, including--
(i) the plans for, and the progress toward, reaching the
capacity described in subparagraph (A);
(ii) the requirements for sustaining such capacity,
including the resources needed by USAID; and
(iii) budget detail on the integration and joint funding of
health systems capacity building, as appropriate.
(5) International efforts.--The Secretary of State, in
coordination with the Administrator of USAID and, as
appropriate, the Secretary of Health and Human Services,
should work with the Global Fund to Fight AIDS, Tuberculosis,
and Malaria, Gavi, the Vaccine Alliance, bilateral donors,
and other relevant multilateral and international
organizations and stakeholders to develop--
(A) shared core indicators for strengthened health systems;
(B) agreements among donors that reporting requirements for
health systems come from country systems to reduce the burden
placed on partner countries;
(C) structures for joint assessments, plans, auditing, and
consultations; and
(D) a regularized approach to coordination on health
systems strengthening.
(6) Public private partnerships to improve health systems
strengthening.--The country strategies developed under
paragraph (3)(C) should include a section that--
(A) discusses the role of the private sector (including
corporate, local, and international organizations with
relevant expertise); and
(B) identifies relevant opportunities for the private
sector--
(i) to accelerate research and development of innovative
health and information technology, and to offer training
related to its use;
(ii) to contribute to improvements in health administration
and management processes;
(iii) to improve system efficiency;
(iv) to develop training related to clinical practice
guidelines; and
(v) to help countries develop systems for documenting
outcomes and achievements related to activities undertaken to
strengthen the health sector.
(7) Authorization for use of funds.--Amounts authorized to
be appropriated or otherwise made available to carry out
section 104 of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b) may be made available to carry out this subsection.
(g) Additional Authorities.--
(1) Foreign assistance act of 1961.--Chapter 1 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
is amended--
(A) in section 104(c)(1) (22 U.S.C. 2151b(c)(1)), by
inserting ``(emphasizing health systems strengthening, as
appropriate)'' after ``health services'';
(B) in section 104A (22 U.S.C. 2151b-2)--
(i) in subsection (b)(3)(D), by striking ``including health
care systems, under other international donor support'' and
inserting ``including through support for health systems
strengthening, under other donor support''; and
(ii) in subsection (f)(3)(Q), by inserting ``the Office of
the United States Global AIDS Coordinator, partner countries,
and the Global Fund to Fight AIDS, Tuberculosis, and Malaria
to ensure that their actions support the activities taken to
strengthen the overall health systems in recipient countries,
and efforts by'' after ``efforts by''; and
(C) in section 104B(g)(2) (22 U.S.C. 2151b-3(g)(2)), by
inserting ``strengthening the health system of the country
and'' after ``contribute to''.
(2) United states leadership against hiv/aids,
tuberculosis, and malaria act of 2003.--Section 204(a) of the
United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (22 U.S.C. 7623(a)) is amended--
(A) in paragraph (1)(A), by inserting ``in a manner that is
coordinated with, and contributes to, efforts through other
assistance activities being carried out to strengthen
national health systems and health policies'' after
``systems''; and
(B) in paragraph (2)--
(i) in subparagraph (C), by inserting ``as part of a
strategy to improve overall health'' before the semicolon at
the end;
(ii) in subparagraph (D), by striking ``and'' at the end;
(iii) in subparagraph (E), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) to contribute to efforts that build health systems
capable of preventing, detecting and responding to HIV/AIDS,
tuberculosis, malaria and other infectious diseases with
pandemic potential.''.
(h) Authorization for United States Participation in the
Coalition for Epidemic Preparedness Innovations.--
(1) In general.--The United States is authorized to
participate in the Coalition for Epidemic Preparedness
Innovations (referred to in this subsection as ``CEPI'').
(2) Investors council and board of directors.--
(A) Initial designation.--The President shall designate an
employee of USAID to serve on the Investors Council and, if
nominated, on the Board of Directors of CEPI, as a
representative of the United States during the period
beginning on the date of such designation and ending on
September 30, 2022.
(B) Ongoing designations.--The President may designate an
employee of the relevant Federal department or agency with
fiduciary responsibility for United States contributions to
CEPI to serve on the Investors Council and, if nominated, on
the Board of Directors of CEPI, as a representative of the
United States.
(C) Qualifications.--Any employee designated pursuant to
subparagraph (A) or (B) shall have demonstrated knowledge and
experience in the fields of development and public health,
epidemiology, or medicine, from the Federal department or
agency with primary fiduciary responsibility for United
States contributions pursuant to paragraph (3).
(D) Coordination .--In carrying out the responsibilities
under this subsection, an employee designated by the
President to serve on the Investors Council or the Board of
Directors, as applicable, shall coordinate with the Secretary
of Health and Human Services to promote alignment, as
appropriate, between CEPI and the strategic objectives and
activities of the Secretary of Health and Human Services with
respect to the research, development, and procurement of
medical countermeasures, consistent with titles III and
XXVIII of the Public Health Service Act (42 U.S.C. 241 et
seq. and 300hh et seq.).
(3) Consultation.--Not later than 60 days after the date of
the enactment of this Act, the employee designated pursuant
to paragraph (2)(A) shall consult with the appropriate
congressional committees, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee
[[Page S8172]]
on Energy and Commerce of the House of Representatives
regarding--
(A) the manner and extent to which the United States plans
to participate in CEPI, including through the governance of
CEPI;
(B) any planned financial contributions from the United
States to CEPI; and
(C) how participation in CEPI is expected to support--
(i) the United States Global Health Security Strategy
required under this subtitle;
(ii) the applicable revision of the National Biodefense
Strategy required under section 1086 of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 104); and
(iii) any other relevant programs relating to global health
security and biodefense.
(4) United states contributions.--
(A) Sense of congress.--It is the sense of Congress that
the President, consistent with the provisions under section
10003(a)(1) of the American Rescue Plan Act of 2021, should
make an immediate contribution to CEPI in the amount of
$300,000,000, to expand research and development of vaccines
to combat the spread of COVID-19 variants.
(B) Notification.--Not later than 15 days before a
contribution is made available pursuant to subparagraph (A),
the President shall notify the appropriate congressional
committees of the details of the amount, purposes, and
national interests served by such contribution.
(i) Intelligence Assessments Regarding Novel Diseases and
Pandemic Threats.--
(1) Defined term.--In this subsection, the term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(F) the Committee on Energy and Commerce of the House of
Representatives.
(2) Intelligence assessments.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the
following 4 years, the National Intelligence Council shall
submit to the appropriate committees of Congress an
intelligence assessment regarding the risks posed to the
national security interests of the United States by the
emergence, reemergence, and overseas transmission of
pathogens with pandemic potential.
(B) Elements.--The intelligence assessments submitted
pursuant to subparagraph (A) shall--
(i) identify the countries or regions most vulnerable to
the emergence or reemergence of a pathogen with pandemic
potential, including the most likely sources and pathways of
such emergence or reemergence, whether naturally occurring,
accidental, or deliberate;
(ii) assess the likelihood that a pathogen described in
clause (i) will spread to the United States, the United
States Armed Forces, diplomatic or development personnel of
the United States stationed abroad, or citizens of the United
States living abroad in a manner that could lead to an
epidemic in the United States or otherwise affect the
national security or economic prosperity of the United
States;
(iii) assess the preparedness of countries around the
world, particularly those identified pursuant to clause (i),
to prevent, detect, and respond to pandemic threats; and
(iv) identify any scientific, capacity, or governance gaps
in the preparedness of countries identified pursuant to
clause (i), including an analysis of the capacity and
performance of any country or entity described in clause
(iii) in complying with biosecurity standards, as applicable.
(3) Congressional briefings.--The National Intelligence
Council shall provide an annual briefing to the appropriate
committees of Congress regarding--
(A) the most recent intelligence assessments submitted
pursuant to paragraph (2)(A); and
(B) the emergence or reemergence of pathogens with pandemic
potential that could lead to an epidemic described in
paragraph (2)(A)(ii).
(4) Public availability.--The Director of National
Intelligence shall make publicly available an unclassified
version of each intelligence assessment submitted pursuant to
paragraph (2)(A).
(j) Pandemic Early Warning Network.--
(1) In general.--The Secretary of State and the Secretary
of Health and Human Services, in coordination with the USAID
Administrator, the Director of the Centers for Disease
Control and Prevention, and the heads of the other relevant
Federal departments and agencies, shall work with the World
Health Organization and other key stakeholders to establish
or strengthen effective early warning systems, at the partner
country, regional, and international levels, that utilize
innovative information and analytical tools and robust review
processes to track, document, analyze, and forecast
infectious disease threats with epidemic and pandemic
potential.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the
following 4 years, the Secretary of State, in coordination
with the Secretary of Health and Human Services and the heads
of the other relevant Federal departments and agencies, shall
submit a report to the appropriate congressional committees,
the Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Energy and Commerce of the
House of Representatives that describes United States
Government efforts and opportunities to establish or
strengthen effective early warning systems to detect
infectious disease threats internationally.
(k) International Emergency Operations.--
(1) Sense of congress.--It is the sense of Congress that it
is essential to enhance the capacity of key stakeholders to
effectively operationalize early warning and execute multi-
sectoral emergency operations during an infectious disease
outbreak, particularly in countries and areas that
deliberately withhold critical global health data and delay
access during an infectious disease outbreak in advance of
the next infectious disease outbreak with pandemic potential.
(2) Public health emergencies of international concern.--
The Secretary of State, in coordination with the Secretary of
Health and Human Services, should work with the World Health
Organization and like-minded member states to adopt an
approach toward assessing infectious disease threats under
the International Health Regulations (2005) for the World
Health Organization to identify and transparently
communicate, on an ongoing basis, varying levels of risk
leading up to a declaration by the Director General of the
World Health Organization of a Public Health Emergency of
International Concern for the duration and in the aftermath
of such declaration.
(3) Emergency operations.--The Secretary of State and the
Secretary of Health and Human Services, in coordination with
the USAID Administrator, the Director of the Centers for
Disease Control and Prevention, and the heads of other
relevant Federal departments and agencies, and consistent
with the requirements under the International Health
Regulations (2005) and the objectives of the World Health
Organization's Health Emergencies Programme, the Global
Health Security Agenda, and national actions plans for health
security, shall work, in coordination with the World Health
Organization, with partner countries and other key
stakeholders to support the establishment, strengthening, and
rapid response capacity of global health emergency operations
centers, at the partner country and international levels,
including efforts--
(A) to collect and share public health data, assess risk,
and operationalize early warning;
(B) to secure, including through utilization of stand-by
arrangements and emergency funding mechanisms, the staff,
systems, and resources necessary to execute cross-sectoral
emergency operations during the 48-hour period immediately
following an infectious disease outbreak with pandemic
potential; and
(C) to organize and conduct emergency simulations.
SEC. 1296. FINANCING MECHANISM FOR GLOBAL HEALTH SECURITY AND
PANDEMIC PREVENTION AND PREPAREDNESS.
(a) Eligible Partner Country Defined.--In this section, the
term ``eligible partner country'' means a country in which
the Fund for Global Health Security and Pandemic Prevention
and Preparedness to be established under subsection (b) may
finance global health security and pandemic prevention and
preparedness assistance programs under this subtitle based on
the country's demonstrated--
(1) need, as identified through the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, national action plans for
health security, the World Organization for Animal Health's
Performance of Veterinary Services evaluation, and other
complementary or successor indicators of global health
security and pandemic prevention and preparedness; and
(2) commitment to transparency, including--
(A) budget and global health data transparency;
(B) complying with the International Health Regulations
(2005);
(C) investing in domestic health systems; and
(D) achieving measurable results.
(b) Establishment of Fund for Global Health Security and
Pandemic Prevention and Preparedness.--
(1) Negotiations for establishment of fund for global
health security and pandemic prevention and preparedness.--
The Secretary of State, in coordination with the USAID
Administrator, the Secretary of Health and Human Services,
and the heads of other relevant Federal departments and
agencies, as necessary and appropriate, should seek to enter
into negotiations with donors, relevant United Nations
agencies, including the World Health Organization, and other
key multilateral stakeholders, to establish--
(A) a multilateral, catalytic financing mechanism for
global health security and pandemic prevention and
preparedness, which may be known as the Fund for Global
Health Security and Pandemic Prevention and Preparedness
(referred to in this section as ``the Fund''), to address the
need for and secure durable financing in accordance with the
provisions of this subsection; and
(B) an Advisory Board to the Fund in accordance with
subsection (e).
[[Page S8173]]
(2) Purposes.--The purposes of the Fund should be--
(A) to close critical gaps in global health security and
pandemic prevention and preparedness; and
(B) to work with, and build the capacity of, eligible
partner countries in the areas of global health security,
infectious disease control, and pandemic prevention and
preparedness, in a manner that--
(i) prioritizes capacity building and financing
availability in eligible partner countries;
(ii) incentivizes countries to prioritize the use of
domestic resources for global health security and pandemic
prevention and preparedness;
(iii) leverages government, nongovernment, and private
sector investments;
(iv) regularly responds to and evaluates progress based on
clear metrics and benchmarks, such as the Joint External
Evaluation and the Global Health Security Index;
(v) aligns with and complements ongoing bilateral and
multilateral efforts and financing, including through the
World Bank, the World Health Organization, the Global Fund to
Fight AIDS, Tuberculosis, and Malaria, the Coalition for
Epidemic Preparedness and Innovation, and Gavi, the Vaccine
Alliance; and
(vi) helps countries accelerate and achieve compliance with
the International Health Regulations (2005) and the
fulfillment of the Global Health Security Agenda 2024
Framework not later than 5 years after the date on which the
Fund is established, in coordination with the ongoing Joint
External Evaluation national action planning process.
(3) Executive board.--
(A) In general.--The Fund should be governed by a
transparent and accountable body (referred to in this section
as the ``Executive Board''), which should--
(i) function as a partnership with, and through full
engagement by, donor governments, eligible partner countries,
and independent civil society; and
(ii) be composed of not more than 20 representatives of
governments, foundations, academic institutions, independent
civil society, indigenous people, vulnerable communities,
frontline health workers, and the private sector with
demonstrated commitment to carrying out the purposes of the
Fund and upholding transparency and accountability
requirements.
(B) Duties.--The Executive Board should--
(i) be charged with approving strategies, operations, and
grant making authorities in order to conduct effective
fiduciary, monitoring, and evaluation efforts, and other
oversight functions;
(ii) determine operational procedures such that the Fund is
able to effectively fulfill its mission;
(iii) provide oversight and accountability for the Fund in
collaboration with the Inspector General to be established
pursuant to subsection (d)(5)(A)(i);
(iv) develop and utilize a mechanism to obtain formal input
from eligible partner countries, independent civil society,
and implementing entities relative to program design, review,
and implementation and associated lessons learned; and
(v) coordinate and align with other multilateral financing
and technical assistance activities, and with the United
States and other nations leading outbreak prevention,
preparedness, and response activities in partner countries,
as appropriate.
(C) Composition.--The Executive Board should include--
(i) representatives of the governments of founding member
countries who, in addition to the requirements under
subparagraph (A), qualify based upon meeting an established
initial contribution threshold, which should be not less than
10 percent of total initial contributions, and a demonstrated
commitment to supporting the International Health Regulations
(2005);
(ii) a geographically diverse group of members who--
(I) come from donor countries, eligible partner countries,
academic institutions, independent civil society, including
indigenous organizations, and the private sector; and
(II) are selected on the basis of their experience and
commitment to innovation, best practices, and the advancement
of global health security objectives;
(iii) representatives of the World Health Organization; and
(iv) the chair of the Global Health Security Steering
Group.
(D) Contributions.--Each government or private sector
entity represented on the Executive Board should agree to
make annual contributions to the Fund in an amount not less
than the minimum determined by the Executive Board.
(E) Qualifications.--Individuals appointed to the Executive
Board should have demonstrated knowledge and experience
across a variety of sectors, including human and animal
health, agriculture, development, defense, finance, research,
and academia.
(F) Conflicts of interest.--
(i) Technical experts.--The Executive Board may include
independent technical experts who are not affiliated with, or
employed by, a recipient country or organization.
(ii) Multilateral bodies and institutions.--Executive Board
members appointed pursuant to subparagraph (C)(iii) should be
required to recuse themselves from matters presenting
conflicts of interest, including financing decisions relating
to such bodies and institutions.
(G) United states representation.--
(i) Founding member.--The Secretary of State should seek--
(I) to establish the United States as a founding member of
the Fund; and
(II) to ensure that the United States is represented on the
Executive Board by an officer or employee of the United
States, who shall be appointed by the President.
(ii) Effective and termination dates.--
(I) Effective date.--This subparagraph shall take effect
upon the date on which the Secretary of State certifies and
submits to Congress an agreement establishing the Fund.
(II) Termination date.--The membership established pursuant
to clause (i) shall terminate upon the date of termination of
the Fund.
(H) Removal procedures.--The Fund should establish
procedures for the removal of members of the Executive Board
who--
(i) engage in a consistent pattern of human rights abuses;
(ii) fail to uphold global health data transparency
requirements; or
(iii) otherwise violate the established standards of the
Fund, including in relation to corruption.
(c) Authorities.--
(1) Program objectives.--
(A) In general.--In carrying out the purpose set forth in
subsection (b), the Fund, acting through the Executive Board,
should--
(i) develop grant making requirements to be administered by
an independent technical review panel comprised of entities
barred from applying for funding or support;
(ii) provide grants, including challenge grants, technical
assistance, concessional lending, catalytic investment funds,
and other innovative funding mechanisms, in coordination with
ongoing bilateral and multilateral efforts, as appropriate--
(I) to help eligible partner countries close critical gaps
in health security, as identified through the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, and national action plans
for health security and other complementary or successor
indicators of global health security and pandemic prevention
and preparedness; and
(II) to support measures that enable such countries, at the
national and subnational levels, and in partnership with
civil society and the private sector, to strengthen and
sustain resilient health systems and supply chains with the
resources, capacity, and personnel required to prevent,
detect, mitigate, and respond to infectious disease threats,
including the emergence or reemergence of pathogens, before
they become pandemics;
(iii) leverage the expertise, capabilities, and resources
of proven, existing agencies and organizations to effectively
target and manage resources for impact, including through
alignment with, and co-financing of, complementary programs,
as appropriate and consistent with subparagraph (C); and
(iv) develop recommendations for a mechanism for assisting
countries that are at high risk for the emergence or
reemergence of pathogens with pandemic potential to
participate in the Global Health Security Agenda and the
Joint External Evaluations.
(B) Activities supported.--The activities to be supported
by the Fund should include efforts--
(i) to enable eligible partner countries to formulate and
implement national health security and pandemic prevention
and preparedness action plans, advance action packages under
the Global Health Security Agenda, and adopt and uphold
commitments under the International Health Regulations (2005)
and other related international health agreements and
arrangements, as appropriate;
(ii) to support health security budget planning in eligible
partner countries, including training in public financial
management, budget and health data transparency, human
resource information systems, and integrated and transparent
budget and health data;
(iii) to strengthen the health workforce, including hiring,
training, and deploying experts and other essential staff,
including community health workers, to improve frontline
prevention of, and monitoring and preparedness for, unknown,
new, emerging, or reemerging pathogens, epidemics, and
pandemic threats, including capacity to surge and manage
additional staff during emergencies;
(iv) to improve the quality of community health worker
programs as the foundation of pandemic preparedness and
response through application of appropriate assessment tools;
(v) to improve infection prevention and control, the
protection of healthcare workers, including community health
workers, and access to water and sanitation within healthcare
settings;
(vi) to combat the threat of antimicrobial resistance;
(vii) to strengthen laboratory capacity and promote
biosafety and biosecurity through the provision of material
and technical assistance;
(viii) to reduce the risk of bioterrorism, the emergence,
reemergence, or spread of zoonotic disease (whether through
loss of natural habitat, the commercial trade in wildlife for
human consumption, or other means), and accidental biological
release;
(ix) to build technical capacity to manage, as appropriate,
supply chains for applicable global health commodities
through effective
[[Page S8174]]
forecasting, procurement, warehousing, and delivery from
central warehouses to points of service in both the public
and private sectors;
(x) to enable bilateral, regional, and international
partnerships and cooperation, including through pandemic
early warning systems and emergency operations centers, to
identify and address transnational infectious disease threats
exacerbated by natural and man-made disasters, human
displacement, and zoonotic infection;
(xi) to establish partnerships for the sharing of best
practices and enabling eligible countries to meet targets and
indicators under the Joint External Evaluation process, the
Global Health Security Index classification of health
systems, and national action plans for health security
relating to the prevention, detection, and treatment of
neglected tropical diseases;
(xii) to build the capacity of eligible partner countries
to prepare for and respond to second order development
impacts of infectious disease outbreaks and maintain
essential health services, while accounting for the
differentiated needs and vulnerabilities of marginalized
populations, including women and girls;
(xiii) to develop and utilize metrics to monitor and
evaluate programmatic performance and identify best
practices, including in accordance with Joint External
Evaluation benchmarks, Global Health Security Agenda targets,
and Global Health Security Index indicators;
(xiv) to develop and deploy mechanisms to enhance and
independently monitor the transparency and accountability of
global health security and pandemic prevention and
preparedness programs and data, in compliance with the
International Health Regulations (2005), including through
the sharing of trends, risks, and lessons learned;
(xv) to promote broad participation in health emergency
planning and advisory bodies, including by women and
frontline health workers;
(xvi) to develop and implement simulation exercises,
produce and release after action reports, and address related
gaps;
(xvii) to support countries in conducting Joint External
Evaluations;
(xviii) to improve disease surveillance capacity in partner
counties, including at the community level, such that those
countries are better able to detect and respond to known and
unknown pathogens and zoonotic infectious diseases; and
(xix) to support governments through coordinated and
prioritized assistance efforts to prevent the emergence,
reemergence, or spread of zoonotic diseases caused by
deforestation, commercial trade in wildlife for human
consumption, climate-related events, and unsafe interactions
between wildlife, livestock, and people.
(C) Implementation of program objectives.--In carrying out
the objectives under subparagraph (A), the Fund should work
to eliminate duplication and waste by upholding strict
transparency and accountability standards and coordinating
its programs and activities with key partners working to
advance global health security and pandemic prevention and
preparedness, including--
(i) governments, independent civil society, nongovernmental
organizations, research and academic institutions, and
private sector entities in eligible partner countries;
(ii) the pandemic early warning systems and international
emergency operations centers to be established under
subsections (j) and (k) of section 1295;
(iii) the World Health Organization;
(iv) the Global Health Security Agenda;
(v) the Global Health Security Initiative;
(vi) the Global Fund to Fight AIDS, Tuberculosis, and
Malaria;
(vii) the United Nations Office for the Coordination of
Humanitarian Affairs, UNICEF, and other relevant funds,
programs, and specialized agencies of the United Nations;
(viii) Gavi, the Vaccine Alliance;
(ix) the Coalition for Epidemic Preparedness Innovations
(CEPI);
(x) The World Organisation for Animal Health;
(xi) The United Nations Environment Programme;
(xii) Food and Agriculture Organization; and
(xiii) the Global Polio Eradication Initiative.
(2) Priority.--In providing assistance under this section,
the Fund should give priority to low-and lower middle income
countries with--
(A) low scores on the Global Health Security Index
classification of health systems;
(B) measurable gaps in global health security and pandemic
prevention and preparedness identified under Joint External
Evaluations and national action plans for health security;
(C) demonstrated political and financial commitment to
pandemic prevention and preparedness; and
(D) demonstrated commitment to upholding global health
budget and data transparency and accountability standards,
complying with the International Health Regulations (2005),
investing in domestic health systems, and achieving
measurable results.
(3) Eligible grant recipients.--Governments and
nongovernmental organizations should be eligible to receive
grants as described in this section.
(d) Administration.--
(1) Appointments.--The Executive Board should appoint--
(A) an Administrator, who should be responsible for
managing the day-to-day operations of the Fund; and
(B) an independent Inspector General, who should be
responsible for monitoring grants implementation and
proactively safeguarding against conflicts of interests.
(2) Authority to accept and solicit contributions.--The
Fund should be authorized to solicit and accept contributions
from governments, the private sector, foundations,
individuals, and nongovernmental entities.
(3) Accountability; conflicts of interest; criteria for
programs.--As part of the negotiations described in
subsection (b)(1), the Secretary of the State, consistent
with paragraph (4), should--
(A) take such actions as are necessary to ensure that the
Fund will have in effect adequate procedures and standards to
account for and monitor the use of funds contributed to the
Fund, including the cost of administering the Fund;
(B) ensure there is agreement to put in place a conflict of
interest policy to ensure fairness and a high standard of
ethical conduct in the Fund's decision-making processes,
including proactive procedures to screen staff for conflicts
of interest and measures to address any conflicts, such as
potential divestments of interests, prohibition from engaging
in certain activities, recusal from certain decision-making
and administrative processes, and representation by an
alternate board member; and
(C) seek agreement on the criteria that should be used to
determine the programs and activities that should be assisted
by the Fund.
(4) Selection of partner countries, projects, and
recipients.--The Executive Board should establish--
(A) eligible partner country selection criteria, to include
transparent metrics to measure and assess global health
security and pandemic prevention and preparedness strengths
and vulnerabilities in countries seeking assistance;
(B) minimum standards for ensuring eligible partner country
ownership and commitment to long-term results, including
requirements for domestic budgeting, resource mobilization,
and co-investment;
(C) criteria for the selection of projects to receive
support from the Fund;
(D) standards and criteria regarding qualifications of
recipients of such support;
(E) such rules and procedures as may be necessary for cost-
effective management of the Fund; and
(F) such rules and procedures as may be necessary to ensure
transparency and accountability in the grant-making process.
(5) Additional transparency and accountability
requirements.--
(A) Inspector general.--
(i) In general.--The Secretary of State shall seek to
ensure that the Inspector General appointed pursuant to
paragraph (1)--
(I) is fully enabled to operate independently and
transparently;
(II) is supported by and with the requisite resources and
capacity to regularly conduct and publish, on a publicly
accessible website, rigorous financial, programmatic, and
reporting audits and investigations of the Fund and its
grantees; and
(III) establishes an investigative unit that--
(aa) develops an oversight mechanism to ensure that grant
funds are not diverted to illicit or corrupt purposes or
activities; and
(bb) submits an annual report to the Executive Board
describing its activities, investigations, and results.
(ii) Sense of congress on corruption.--It is the sense of
Congress that--
(I) corruption within global health programs contribute
directly to the loss of human life and cannot be tolerated;
and
(II) in making financial recoveries relating to a corrupt
act or criminal conduct under a grant, as determined by the
Inspector General, the responsible grant recipient should be
assessed at a recovery rate of up to 150 percent of such
loss.
(B) Administrative expenses.--The Secretary of State shall
seek to ensure the Fund establishes, maintains, and makes
publicly available a system to track the administrative and
management costs of the Fund on a quarterly basis.
(C) Financial tracking systems.--The Secretary of State
shall ensure that the Fund establishes, maintains, and makes
publicly available a system to track the amount of funds
disbursed to each grant recipient and sub-recipient during a
grant's fiscal cycle.
(D) Exemption from duties and taxes.--The Secretary should
ensure that the Fund adopts rules that condition grants upon
agreement by the relevant national authorities in an eligible
partner country to exempt from duties and taxes all products
financed by such grants, including procurements by any
principal or sub-recipient for the purpose of carrying out
such grants.
(e) Advisory Board.--
(1) In general.--There should be an Advisory Board to the
Fund.
(2) Appointments.--The members of the Advisory Board should
be composed of--
(A) a geographically diverse group of individuals that
includes representation from low- and middle-income
countries;
(B) individuals with experience and leadership in the
fields of development, global health, epidemiology, medicine,
biomedical research, and social sciences; and
[[Page S8175]]
(C) representatives of relevant United Nations agencies,
including the World Health Organization, and nongovernmental
organizations with on-the ground experience in implementing
global health programs in low and lower-middle income
countries.
(3) Responsibilities.--The Advisory Board should provide
advice and guidance to the Executive Board of the Fund on the
development and implementation of programs and projects to be
assisted by the Fund and on leveraging donations to the Fund.
(4) Prohibition on payment of compensation.--
(A) In general.--Except for travel expenses (including per
diem in lieu of subsistence), no member of the Advisory Board
should receive compensation for services performed as a
member of the Board.
(B) United states representative.--Notwithstanding any
other provision of law (including an international
agreement), a representative of the United States on the
Advisory Board may not accept compensation for services
performed as a member of the Board, except that such
representative may accept travel expenses, including per diem
in lieu of subsistence, while away from the representative's
home or regular place of business in the performance of
services for the Board.
(5) Conflicts of interest.--Members of the Advisory Board
should be required to disclose any potential conflicts of
interest prior to serving on the Advisory Board and, in the
event of any conflicts of interest, recuse themselves from
such matters during their service on the Advisory Board.
(f) Reports to Congress.--
(1) Status report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
coordination with the USAID Administrator, and the heads of
other relevant Federal departments and agencies, shall submit
a report to the appropriate congressional committees that
describes the progress of international negotiations to
establish the Fund.
(2) Annual report.--
(A) In general.--Not later than 1 year after the date of
the establishment of the Fund, and annually thereafter for
the duration of the Fund, the Secretary of State, shall
submit a report to the appropriate congressional committees
regarding the administration of the Fund.
(B) Report elements.--The report required under
subparagraph (A) shall describe--
(i) the goals of the Fund;
(ii) the programs, projects, and activities supported by
the Fund;
(iii) private and governmental contributions to the Fund;
and
(iv) the criteria utilized to determine the programs and
activities that should be assisted by the Fund, including
baselines, targets, desired outcomes, measurable goals, and
extent to which those goals are being achieved.
(3) GAO report on effectiveness.--Not later than 2 years
after the date on which the Fund is established, the
Comptroller General of the United States shall submit a
report to the appropriate congressional committees that
evaluates the effectiveness of the Fund, including the
effectiveness of the programs, projects, and activities
supported by the Fund, as described in subsection (c)(1).
(g) United States Contributions.--
(1) In general.--Subject to submission of the certification
under this subsection, the President is authorized to make
available for United States contributions to the Fund such
funds as may be appropriated or otherwise made available for
such purpose.
(2) Notification.--The Secretary of State shall notify the
appropriate congressional committees not later than 15 days
in advance of making a contribution to the Fund, including--
(A) the amount of the proposed contribution;
(B) the total of funds contributed by other donors; and
(C) the national interests served by United States
participation in the Fund.
(3) Limitation.--During the 5-year period beginning on the
date of the enactment of this Act, a United States
contribution to the Fund may not cause the cumulative total
of United States contributions to the Fund to exceed 33
percent of the total contributions to the Fund from all
sources.
(4) Withholdings.--
(A) Support for acts of international terrorism.--If the
Secretary of State determines that the Fund has provided
assistance to a country, the government of which the
Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371)
has repeatedly provided support for acts of international
terrorism, the United States shall withhold from its
contribution to the Fund for the next fiscal year an amount
equal to the amount expended by the Fund to the government of
such country.
(B) Excessive salaries.--During the 5-year period beginning
on the date of the enactment of this Act, if the Secretary of
State determines that the salary of any individual employed
by the Fund exceeds the salary of the Vice President of the
United States for such fiscal year, the United States should
withhold from its contribution for the next fiscal year an
amount equal to the aggregate amount by which the salary of
each such individual exceeds the salary of the Vice President
of the United States.
(C) Accountability certification requirement.--The
Secretary of State may withhold not more than 20 percent of
planned United States contributions to the Fund until the
Secretary certifies to the appropriate congressional
committees that the Fund has established procedures to
provide access by the Office of Inspector General of the
Department of State, as cognizant Inspector General, the
Inspector General of the Department of Health and Human
Services, the Inspector General of USAID, and the Comptroller
General of the United States to the Fund's financial data and
other information relevant to United States contributions to
the Fund (as determined by the Inspector General of the
Department of State, in consultation with the Secretary of
State).
(h) Compliance With the Foreign Aid Transparency and
Accountability Act of 2016.--Section 2(3) of the Foreign Aid
Transparency and Accountability Act of 2016 (Public Law 114-
191; 22 U.S.C. 2394c note) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) the International Pandemic Preparedness and COVID-19
Response Act of 2021.''.
(i) Prohibition Against United States Foreign Assistance
for the Government of the People's Republic of China.--None
of the assistance authorized to be appropriated under this
subtitle may be made available to the Government of the
People's Republic of China or to any entity owned or
controlled by the Government of the People's Republic of
China.
______
SA 4645. Mr. SCHATZ (for himself, Ms. Murkowski, and Mr. Rounds)
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--REAUTHORIZATION OF NATIVE AMERICAN HOUSING ASSISTANCE AND
SELF-DETERMINATION ACT OF 1996
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Native American Housing
Assistance and Self-Determination Reauthorization Act of
2021''.
SEC. 5002. CONSOLIDATION OF ENVIRONMENTAL REVIEW
REQUIREMENTS.
Section 105 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by
adding at the end the following:
``(e) Consolidation of Environmental Review Requirements.--
``(1) In general.--In the case of a recipient of grant
amounts under this Act that is carrying out a project that
qualifies as an affordable housing activity under section
202, if the recipient is using 1 or more additional sources
of Federal funds to carry out the project, and the grant
amounts received under this Act constitute the largest single
source of Federal funds that the recipient reasonably expects
to commit to the project at the time of environmental review,
the Indian tribe of the recipient may assume, in addition to
all of the responsibilities for environmental review,
decision making, and action under subsection (a), all of the
additional responsibilities for environmental review,
decision making, and action under provisions of law that
would apply to each Federal agency providing additional
funding were the Federal agency to carry out the project as a
Federal project.
``(2) Discharge.--The assumption by the Indian tribe of the
additional responsibilities for environmental review,
decision making, and action under paragraph (1) with respect
to a project shall be deemed to discharge the responsibility
of the applicable Federal agency for environmental review,
decision making, and action with respect to the project.
``(3) Certification.--An Indian tribe that assumes the
additional responsibilities under paragraph (1), shall
certify, in addition to the requirements under subsection
(c)--
``(A) the additional responsibilities that the Indian tribe
has fully carried out under this subsection; and
``(B) that the certifying officer consents to assume the
status of a responsible Federal official under the provisions
of law that would apply to each Federal agency providing
additional funding under paragraph (1).
``(4) Liability.--
``(A) In general.--An Indian tribe that completes an
environmental review under this subsection shall assume sole
liability for the content and quality of the review.
``(B) Remedies and sanctions.--Except as provided in
subparagraph (C), if the Secretary approves a certification
and release of funds to an Indian tribe for a project in
accordance with subsection (b), but the Secretary or the head
of another Federal agency providing funding for the project
subsequently learns that the Indian tribe failed to carry out
the responsibilities of the Indian tribe as described in
subsection (a) or paragraph (1), as applicable, the Secretary
or
[[Page S8176]]
other head, as applicable, may impose appropriate remedies
and sanctions in accordance with--
``(i) the regulations issued pursuant to section 106; or
``(ii) such regulations as are issued by the other head.
``(C) Statutory violation waivers.--If the Secretary waives
the requirements under this section in accordance with
subsection (d) with respect to a project for which an Indian
tribe assumes additional responsibilities under paragraph
(1), the waiver shall prohibit any other Federal agency
providing additional funding for the project from imposing
remedies or sanctions for failure to comply with requirements
for environmental review, decision making, and action under
provisions of law that would apply to the Federal agency.''.
SEC. 5003. AUTHORIZATION OF APPROPRIATIONS.
Section 108 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4117) is amended,
in the first sentence, by striking ``2009 through 2013'' and
inserting ``2022 through 2029''.
SEC. 5004. STUDENT HOUSING ASSISTANCE.
Section 202(3) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is
amended by inserting ``including education-related stipends,
college housing assistance, and other education-related
assistance for low-income college students,'' after ``self-
sufficiency and other services,''.
SEC. 5005. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR
OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED
HOUSING ENTITY.
Section 203(a)(2) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is
amended by inserting ``owned or operated by a recipient and''
after ``residing in a dwelling unit''.
SEC. 5006. PROGRAM REQUIREMENTS.
Section 203(a) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(a)) (as
amended by section 5) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Application of tribal policies.--Paragraph (3) shall
not apply if--
``(A) the recipient has a written policy governing rents
and homebuyer payments charged for dwelling units; and
``(B) that policy includes a provision governing maximum
rents or homebuyer payments, including tenant protections.'';
and
(4) in paragraph (3) (as so redesignated), by striking ``In
the case of'' and inserting ``In the absence of a written
policy governing rents and homebuyer payments, in the case
of''.
SEC. 5007. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND
SERVICES.
Section 203(g) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is
amended by striking ``$5,000'' and inserting ``$10,000''.
SEC. 5008. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME
REQUIREMENT AND INCOME TARGETING.
Section 205 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(E) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental family for conversion to a
homebuyer or a lease-purchase unit, that the current rental
family can purchase through a contract of sale, lease-
purchase agreement, or any other sales agreement, is made
available for purchase only by the current rental family, if
the rental family was a low-income family at the time of
their initial occupancy of such unit; and''; and
(2) in subsection (c)--
(A) by striking ``The provisions'' and inserting the
following:
``(1) In general.--The provisions''; and
(B) by adding at the end the following:
``(2) Applicability to improvements.--The provisions of
subsection (a)(2) regarding binding commitments for the
remaining useful life of property shall not apply to
improvements of privately owned homes if the cost of the
improvements do not exceed 10 percent of the maximum total
development cost for the home.''.
SEC. 5009. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by
adding at the end the following:
``(c) Notice of Termination.--The notice period described
in subsection (a)(3) shall apply to projects and programs
funded in part by amounts authorized under this Act.''.
SEC. 5010. INDIAN HEALTH SERVICE.
(a) In General.--Subtitle A of title II of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end
the following:
``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
``Notwithstanding any other provision of law, the Director
of the Indian Health Service, or a recipient receiving
funding for a housing construction or renovation project
under this title, may use funding from the Indian Health
Service for the construction of sanitation facilities under
that project.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (Public Law 104-330; 110 Stat.
4016) is amended by inserting after the item relating to
section 210 the following:
``Sec. 211. IHS sanitation facilities construction.''.
SEC. 5011. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN
EMERGENCIES.
Section 401(a)(4) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is
amended--
(1) in subparagraph (A), by striking ``may take an action
described in paragraph (1)(C)'' and inserting ``may
immediately take an action described in paragraph (1)(C)'';
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Procedural requirements.--
``(i) In general.--If the Secretary takes an action
described in subparagraph (A), the Secretary shall provide
notice to the recipient at the time that the Secretary takes
that action.
``(ii) Notice requirements.--The notice under clause (i)
shall inform the recipient that the recipient may request a
hearing by not later than 30 days after the date on which the
Secretary provides the notice.
``(iii) Hearing requirements.--A hearing requested under
clause (ii) shall be conducted--
``(I) in accordance with subpart A of part 26 of title 24,
Code of Federal Regulations (or successor regulations); and
``(II) to the maximum extent practicable, on an expedited
basis.
``(iv) Failure to conduct a hearing.--If a hearing
requested under clause (ii) is not completed by the date that
is 180 days after the date on which the recipient requests
the hearing, the action of the Secretary to limit the
availability of payments shall no longer be effective.''.
SEC. 5012. REPORTS TO CONGRESS.
Section 407 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``Committee on Indian Affairs and the Committee on
Banking, Housing and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives''; and
(2) by adding at the end the following:
``(c) Public Availability.--The report described in
subsection (a) shall be made publicly available, including to
recipients.''.
SEC. 5013. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED
LANDS FOR HOUSING PURPOSES.
Section 702 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking ``50-year'' and
inserting ``99-year'';
(2) in subsection (b), by striking ``50 years'' and
inserting ``99 years''; and
(3) in subsection (c)(2), by striking ``50 years'' and
inserting ``99 years''.
SEC. 5014. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING
ACTIVITIES.
Section 802(e) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is
amended by--
(1) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Subawards.--Notwithstanding any other provision of
law, including provisions of State law requiring competitive
procurement, the Director may make subawards to
subrecipients, except for for-profit entities, using amounts
provided under this title to carry out affordable housing
activities upon a determination by the Director that such
subrecipients have adequate capacity to carry out activities
in accordance with this Act.''.
SEC. 5015. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP
PROVISIONS.
Section 824 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by
striking ``such sums as may be necessary'' and all that
follows through the period at the end and inserting ``such
sums as may be necessary for each of fiscal years 2022
through 2029.''.
SEC. 5016. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.
Affordable housing (as defined in section 4 of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103)) that is developed, acquired, or
assisted under the block grant program established under
section 101 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4111) shall not
exceed by more than 20 percent, without prior approval of the
Secretary of Housing and Urban Development, the total
development cost maximum cost for all housing assisted under
an affordable housing activity, including development and
model activities.
SEC. 5017. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS.
Section 105 of the Housing and Community Development Act of
1974 (42 U.S.C. 5305) is amended by adding at the end the
following:
``(i) Indian Tribes and Tribally Designated Housing
Entities as Community-based Development Organizations.--
``(1) Definition.--In this subsection, the term `tribally
designated housing entity' has
[[Page S8177]]
the meaning given the term in section 4 of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103).
``(2) Qualification.--An Indian tribe, a tribally
designated housing entity, or a tribal organization shall
qualify as a community-based development organization for
purposes of carrying out new housing construction under this
subsection under a grant made under section 106(a)(1).''.
SEC. 5018. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING
COUNSELING GRANTS.
Section 106(a)(4) of the Housing and Urban Development Act
of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting before the period at the end the
following: ``, Indian tribes, and tribally designated housing
entities'';
(2) in subparagraph (B), by inserting ``, Indian tribes,
and tribally designated housing entities'' after
``organizations)'';
(3) by redesignating subparagraph (F) as subparagraph (G);
and
(4) by inserting after subparagraph (E) the following:
``(F) Definitions.--In this paragraph, the terms `Indian
tribe' and `tribally designated housing entity' have the
meanings given those terms in section 4 of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103).''.
SEC. 5019. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184(b)(4) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4))
is amended--
(1) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively, and adjusting the
margins accordingly;
(2) by striking ``The loan'' and inserting the following:
``(A) In general.--The loan'';
(3) in subparagraph (A), as so designated, by adding at the
end the following:
``(v) Any entity certified as a community development
financial institution by the Community Development Financial
Institutions Fund established under section 104(a) of the
Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4703(a)).''; and
(4) by adding at the end the following:
``(B) Direct guarantee process.--
``(i) Authorization.--The Secretary may authorize
qualifying lenders to participate in a direct guarantee
process for approving loans under this section.
``(ii) Indemnification.--
``(I) In general.--If the Secretary determines that a
mortgage guaranteed through a direct guarantee process under
this subparagraph was not originated in accordance with the
requirements established by the Secretary, the Secretary may
require the lender approved under this subparagraph to
indemnify the Secretary for the loss, irrespective of whether
the violation caused the mortgage default.
``(II) Fraud or misrepresentation.--If fraud or
misrepresentation is involved in a direct guarantee process
under this subparagraph, the Secretary shall require the
original lender approved under this subparagraph to indemnify
the Secretary for the loss regardless of when an insurance
claim is paid.
``(C) Review of mortgagees.--
``(i) In general.--The Secretary may periodically review
the mortgagees originating, underwriting, or servicing single
family mortgage loans under this section.
``(ii) Requirements.--In conducting a review under clause
(i), the Secretary--
``(I) shall compare the mortgagee with other mortgagees
originating or underwriting loan guarantees for Indian
housing based on the rates of defaults and claims for
guaranteed mortgage loans originated, underwritten, or
serviced by that mortgagee;
``(II) may compare the mortgagee with such other mortgagees
based on underwriting quality, geographic area served, or any
commonly used factors the Secretary determines necessary for
comparing mortgage default risk, provided that the comparison
is of factors that the Secretary would expect to affect the
default risk of mortgage loans guaranteed by the Secretary;
``(iii) shall implement such comparisons by regulation,
notice, or mortgagee letter; and
``(I) may terminate the approval of a mortgagee to
originate, underwrite, or service loan guarantees for housing
under this section if the Secretary determines that the
mortgage loans originated, underwritten, or serviced by the
mortgagee present an unacceptable risk to the Indian Housing
Loan Guarantee Fund established under subsection (i)--
``(aa) based on a comparison of any of the factors set
forth in this subparagraph; or
``(bb) by a determination that the mortgagee engaged in
fraud or misrepresentation.''.
(b) Loan Guarantees for Indian Housing.--Section 184(i)(5)
of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary
for each of fiscal years 2022 through 2029.''; and
(2) in subparagraph (C), by striking ``2008 through 2012''
and inserting ``2022 through 2029''.
SEC. 5020. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A of the Housing and Community Development Act
of 1992 (12 U.S.C. 1715z-13b) is amended--
(1) in subsection (c)(4)(B)--
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following:
``(iv) Any entity certified as a community development
financial institution by the Community Development Financial
Institutions Fund established under section 104(a) of the
Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4703(a)).''; and
(2) in subsection (j)(5)(B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary
for each of fiscal years 2022 through 2029.''.
SEC. 5021. DRUG ELIMINATION PROGRAM.
(a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Drug-related crime.--The term ``drug-related crime''
means the illegal manufacture, sale, distribution, use, or
possession with intent to manufacture, sell, distribute, or
use a controlled substance.
(3) Recipient.--The term ``recipient''--
(A) has the meaning given the term in section 4 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103); and
(B) includes a recipient of funds under title VIII of that
Act (25 U.S.C. 4221 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Establishment.--The Secretary may make grants under
this section to recipients of assistance under the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug-
related and violent crime.
(c) Eligible Activities.--Grants under this section may be
used for--
(1) the employment of security personnel;
(2) reimbursement of State, local, Tribal, or Bureau of
Indian Affairs law enforcement agencies for additional
security and protective services;
(3) physical improvements which are specifically designed
to enhance security;
(4) the employment of 1 or more individuals--
(A) to investigate drug-related or violent crime in and
around the real property comprising housing assisted under
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4101 et seq.); and
(B) to provide evidence relating to such crime in any
administrative or judicial proceeding;
(5) the provision of training, communications equipment,
and other related equipment for use by voluntary tenant
patrols acting in cooperation with law enforcement officials;
(6) programs designed to reduce use of drugs in and around
housing communities funded under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.), including drug-abuse prevention, intervention,
referral, and treatment programs;
(7) providing funding to nonprofit resident management
corporations and resident councils to develop security and
drug abuse prevention programs involving site residents;
(8) sports programs and sports activities that serve
primarily youths from housing communities funded through and
are operated in conjunction with, or in furtherance of, an
organized program or plan designed to reduce or eliminate
drugs and drug-related problems in and around those
communities; and
(9) other programs for youth in school settings that
address drug prevention and positive alternatives for youth,
including education and activities related to science,
technology, engineering, and math.
(d) Applications.--
(1) In general.--To receive a grant under this subsection,
an eligible applicant shall submit an application to the
Secretary, at such time, in such manner, and accompanied by--
(A) a plan for addressing the problem of drug-related or
violent crime in and around of the housing administered or
owned by the applicant for which the application is being
submitted; and
(B) such additional information as the Secretary may
reasonably require.
(2) Criteria.--The Secretary shall approve applications
submitted under paragraph (1) on the basis of thresholds or
criteria such as--
(A) the extent of the drug-related or violent crime problem
in and around the housing or projects proposed for
assistance;
(B) the quality of the plan to address the crime problem in
the housing or projects proposed for assistance, including
the extent to which the plan includes initiatives that can be
sustained over a period of several years;
(C) the capability of the applicant to carry out the plan;
and
(D) the extent to which tenants, the Tribal government, and
the Tribal community support and participate in the design
and implementation of the activities proposed to be funded
under the application.
(e) High Intensity Drug Trafficking Areas.--In evaluating
the extent of the
[[Page S8178]]
drug-related crime problem pursuant to subsection (d)(2), the
Secretary may consider whether housing or projects proposed
for assistance are located in a high intensity drug
trafficking area designated pursuant to section 707(b) of the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1706(b)).
(f) Reports.--
(1) Grantee reports.--The Secretary shall require grantees
under this section to provide periodic reports that include
the obligation and expenditure of grant funds, the progress
made by the grantee in implementing the plan described in
subsection (d)(1)(A), and any change in the incidence of
drug-related crime in projects assisted under section.
(2) HUD reports.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the system used to distribute funding to
grantees under this section, which shall include descriptions
of--
(A) the methodology used to distribute amounts made
available under this section; and
(B) actions taken by the Secretary to ensure that amounts
made available under section are not used to fund baseline
local government services, as described in subsection (h)(2).
(g) Notice of Funding Awards.--The Secretary shall publish
on the website of the Department a notice of all grant awards
made pursuant to section, which shall identify the grantees
and the amount of the grants.
(h) Monitoring.--
(1) In general.--The Secretary shall audit and monitor the
program funded under this subsection to ensure that
assistance provided under this subsection is administered in
accordance with the provisions of section.
(2) Prohibition of funding baseline services.--
(A) In general.--Amounts provided under this section may
not be used to reimburse or support any local law enforcement
agency or unit of general local government for the provision
of services that are included in the baseline of services
required to be provided by any such entity pursuant to a
local cooperative agreement pursuant under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et
seq.) or any provision of an annual contributions contract
for payments in lieu of taxation with the Bureau of Indian
Affairs.
(B) Description.--Each grantee under this section shall
describe, in the report under subsection (f)(1), such
baseline of services for the unit of Tribal government in
which the jurisdiction of the grantee is located.
(3) Enforcement.--The Secretary shall provide for the
effective enforcement of this section, as specified in the
program requirements published in a notice by the Secretary,
which may include--
(A) the use of on-site monitoring, independent public audit
requirements, certification by Tribal or Federal law
enforcement or Tribal government officials regarding the
performance of baseline services referred to in paragraph
(2);
(B) entering into agreements with the Attorney General to
achieve compliance, and verification of compliance, with the
provisions of this section; and
(C) adopting enforcement authority that is substantially
similar to the authority provided to the Secretary under the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.)
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each
fiscal years 2022 through 2029 to carry out this section.
SEC. 5022. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN
VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(19)) is amended by adding at the end the
following:
``(E) Indian veterans housing rental assistance program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The term `eligible Indian
veteran' means an Indian veteran who is--
``(aa) homeless or at risk of homelessness; and
``(bb) living--
``(AA) on or near a reservation; or
``(BB) in or near any other Indian area.
``(II) Eligible recipient.--The term `eligible recipient'
means a recipient eligible to receive a grant under section
101 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111).
``(III) Indian; indian area.--The terms `Indian' and
`Indian area' have the meanings given those terms in section
4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
``(IV) Indian veteran.--The term `Indian veteran' means an
Indian who is a veteran.
``(V) Program.--The term `Program' means the Tribal HUD-
VASH program carried out under clause (ii).
``(VI) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
``(ii) Program specifications.--The Secretary shall use not
less than 5 percent of the amounts made available for rental
assistance under this paragraph to carry out a rental
assistance and supported housing program, to be known as the
`Tribal HUD-VASH program', in conjunction with the Secretary
of Veterans Affairs, by awarding grants for the benefit of
eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as provided in subclause (II),
the Secretary shall model the Program on the rental
assistance and supported housing program authorized under
subparagraph (A) and applicable appropriations Acts,
including administration in conjunction with the Secretary of
Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing and urban development.--After
consultation with Indian tribes, eligible recipients, and any
other appropriate tribal organizations, the Secretary may
make necessary and appropriate modifications to facilitate
the use of the Program by eligible recipients to serve
eligible Indian veterans.
``(bb) Secretary of veterans affairs.--After consultation
with Indian tribes, eligible recipients, and any other
appropriate tribal organizations, the Secretary of Veterans
Affairs may make necessary and appropriate modifications to
facilitate the use of the Program by eligible recipients to
serve eligible Indian veterans.
``(iv) Eligible recipients.--The Secretary shall make
amounts for rental assistance and associated administrative
costs under the Program available in the form of grants to
eligible recipients.
``(v) Funding criteria.--The Secretary shall award grants
under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria established by the
Secretary in a notice published in the Federal Register after
consulting with the Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded under the Program
shall be administered in accordance with the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.), except that recipients shall--
``(I) submit to the Secretary, in a manner prescribed by
the Secretary, reports on the utilization of rental
assistance provided under the Program; and
``(II) provide to the Secretary information specified by
the Secretary to assess the effectiveness of the Program in
serving eligible Indian veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal organizations.--The
Secretary, in coordination with the Secretary of Veterans
Affairs, shall consult with eligible recipients and any other
appropriate tribal organization on the design of the Program
to ensure the effective delivery of rental assistance and
supportive services to eligible Indian veterans under the
Program.
``(II) Indian health service.--The Director of the Indian
Health Service shall provide any assistance requested by the
Secretary or the Secretary of Veterans Affairs in carrying
out the Program.
``(viii) Waiver.--
``(I) In general.--Except as provided in subclause (II),
the Secretary may waive or specify alternative requirements
for any provision of law (including regulations) that the
Secretary administers in connection with the use of rental
assistance made available under the Program if the Secretary
finds that the waiver or alternative requirement is necessary
for the effective delivery and administration of rental
assistance under the Program to eligible Indian veterans.
``(II) Exception.--The Secretary may not waive or specify
alternative requirements under subclause (I) for any
provision of law (including regulations) relating to labor
standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made available for tenant-
based rental assistance under this subsection and without
regard to the amounts used for new grants under clause (ii),
such amounts as may be necessary to award renewal grants to
eligible recipients that received a grant under the Program
in a previous year; and
``(II) specify criteria that an eligible recipient must
satisfy to receive a renewal grant under subclause (I),
including providing data on how the eligible recipient used
the amounts of any grant previously received under the
Program.
``(x) Reporting.--
``(I) In general.--Not later than 1 year after the date of
enactment of this subparagraph, and every 5 years thereafter,
the Secretary, in coordination with the Secretary of Veterans
Affairs and the Director of the Indian Health Service,
shall--
``(aa) conduct a review of the implementation of the
Program, including any factors that may have limited its
success; and
``(bb) submit a report describing the results of the review
under item (aa) to--
``(AA) the Committee on Indian Affairs, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Veterans' Affairs, and the Committee on Appropriations of the
Senate; and
``(BB) the Subcommittee on Indian, Insular and Alaska
Native Affairs of the Committee on Natural Resources, the
Committee on Financial Services, the Committee on Veterans'
Affairs, and the Committee on Appropriations of the House of
Representatives.
[[Page S8179]]
``(II) Analysis of housing stock limitation.--The Secretary
shall include in the initial report submitted under subclause
(I) a description of--
``(aa) any regulations governing the use of formula current
assisted stock (as defined in section 1000.314 of title 24,
Code of Federal Regulations (or any successor regulation))
within the Program;
``(bb) the number of recipients of grants under the Program
that have reported the regulations described in item (aa) as
a barrier to implementation of the Program; and
``(cc) proposed alternative legislation or regulations
developed by the Secretary in consultation with recipients of
grants under the Program to allow the use of formula current
assisted stock within the Program.''.
SEC. 5023. LEVERAGING.
All funds provided under a grant made pursuant to this
division or the amendments made by this division may be used
for purposes of meeting matching or cost participation
requirements under any other Federal or non-Federal program,
provided that such grants made pursuant to the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.) are spent in accordance with
that Act.
______
SA 4646. Mr. LUJAN submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, insert the
following:
SEC. 821. USE OF DOMESTICALLY SOURCED COMPONENTS IN
DEPARTMENT OF DEFENSE SATELLITES.
(a) In General.--Subchapter II of chapter 385 of title 10,
United States Code, is amended by inserting after section
4864 the following new section:
``Sec. 4865. Domestic source requirement for certain
satellite components
``(a) In General.--The Secretary of Defense may not acquire
a covered component for a Department of Defense satellite
unless the covered component is manufactured in the United
States.
``(b) Waiver.--The Secretary may waive the prohibition
under subsection (a) with respect to the acquisition of a
covered component if the Secretary--
``(1) determines that--
``(A) no significant national security concerns regarding
counterfeiting, quality, or unauthorized access would be
created by waiving the prohibition;
``(B) the acquisition of the covered component is required
to support national security; and
``(C) the covered component is not available from a source
inside the United States of satisfactory quality, in
sufficient quantity, in the required form, and at reasonable
cost; and
``(2) submits to the congressional defense committees a
report on the determination under paragraph (1).
``(c) Applicability.--This section applies respect to
contracts entered into on or after October 1, 2022.
``(d) Definitions.--In this section:
``(1) Covered component.--The term `covered component'
means a space-qualified solar cell, cell-interconnect-
coverglass (CIC) assembly, solar panel, or solar array.
``(2) Department of defense satellite.--The term
`Department of Defense satellite' means a satellite the
principal purpose of which is to support the needs of the
Department of Defense.''.
(b) Clerical Amendment.--The table of sections for chapter
385 of such title is amended by inserting after the item
relating to section 4864 the following new item:
``4865. Domestic source requirement for certain satellite
components.''.
(c) Effective Date.--The amendments made by this section
take effect on January 1, 2022.
______
SA 4647. Mr. PETERS (for himself, Mr. Portman, Mr. Warner, and Ms.
Collins) submitted an amendment intended to be proposed to amendment SA
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2021
SEC. 5101. SHORT TITLE.
This division may be cited as the ``Federal Information
Security Modernization Act of 2021''.
SEC. 5102. DEFINITIONS.
In this division, unless otherwise specified:
(1) Additional cybersecurity procedure.--The term
``additional cybersecurity procedure'' has the meaning given
the term in section 3552(b) of title 44, United States Code,
as amended by this division.
(2) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Reform of the House of
Representatives; and
(C) the Committee on Homeland Security of the House of
Representatives.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Incident.--The term ``incident'' has the meaning given
the term in section 3552(b) of title 44, United States Code.
(6) National security system.--The term ``national security
system'' has the meaning given the term in section 3552(b) of
title 44, United States Code.
(7) Penetration test.--The term ``penetration test'' has
the meaning given the term in section 3552(b) of title 44,
United States Code, as amended by this division.
(8) Threat hunting.--The term ``threat hunting'' means
proactively and iteratively searching for threats to systems
that evade detection by automated threat detection systems.
TITLE LI--UPDATES TO FISMA
SEC. 5121. TITLE 44 AMENDMENTS.
(a) Subchapter I Amendments.--Subchapter I of chapter 35 of
title 44, United States Code, is amended--
(1) in section 3504--
(A) in subsection (a)(1)(B)--
(i) by striking clause (v) and inserting the following:
``(v) confidentiality, privacy, disclosure, and sharing of
information;'';
(ii) by redesignating clause (vi) as clause (vii); and
(iii) by inserting after clause (v) the following:
``(vi) in consultation with the National Cyber Director and
the Director of the Cybersecurity and Infrastructure Security
Agency, security of information; and''; and
(B) in subsection (g), by striking paragraph (1) and
inserting the following:
``(1) develop, and in consultation with the Director of the
Cybersecurity and Infrastructure Security Agency and the
National Cyber Director, oversee the implementation of
policies, principles, standards, and guidelines on privacy,
confidentiality, security, disclosure and sharing of
information collected or maintained by or for agencies;
and'';
(2) in section 3505--
(A) in paragraph (3) of the first subsection designated as
subsection (c)--
(i) in subparagraph (B)--
(I) by inserting ``the Director of the Cybersecurity and
Infrastructure Security Agency, the National Cyber Director,
and'' before ``the Comptroller General''; and
(II) by striking ``and'' at the end;
(ii) in subparagraph (C)(v), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) maintained on a continual basis through the use of
automation, machine-readable data, and scanning.''; and
(B) by striking the second subsection designated as
subsection (c);
(3) in section 3506--
(A) in subsection (b)(1)(C), by inserting ``,
availability'' after ``integrity''; and
(B) in subsection (h)(3), by inserting ``security,'' after
``efficiency,''; and
(4) in section 3513--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following:
``(c) Each agency providing a written plan under subsection
(b) shall provide any portion of the written plan addressing
information security or cybersecurity to the Director of the
Cybersecurity and Infrastructure Security Agency.''.
(b) Subchapter II Definitions.--
(1) In general.--Section 3552(b) of title 44, United States
Code, is amended--
(A) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), and (7) as paragraphs (2), (3), (4), (5), (6), (9), and
(11), respectively;
(B) by inserting before paragraph (2), as so redesignated,
the following:
``(1) The term `additional cybersecurity procedure' means a
process, procedure, or other activity that is established in
excess of the information security standards promulgated
under section 11331(b) of title 40 to increase the security
and reduce the cybersecurity risk of agency systems.'';
(C) by inserting after paragraph (6), as so redesignated,
the following:
``(7) The term `high value asset' means information or an
information system that the head of an agency determines so
critical to the agency that the loss or corruption of the
information or the loss of access to the information system
would have a serious impact on the ability of the agency to
perform the mission of the agency or conduct business.
``(8) The term `major incident' has the meaning given the
term in guidance issued by the Director under section
3598(a).'';
(D) by inserting after paragraph (9), as so redesignated,
the following:
``(10) The term `penetration test' means a specialized type
of assessment that--
[[Page S8180]]
``(A) is conducted on an information system or a component
of an information system; and
``(B) emulates an attack or other exploitation capability
of a potential adversary, typically under specific
constraints, in order to identify any vulnerabilities of an
information system or a component of an information system
that could be exploited.''; and
(E) by inserting after paragraph (11), as so redesignated,
the following:
``(12) The term `shared service' means a centralized
business or mission capability that is provided to multiple
organizations within an agency or to multiple agencies.''.
(2) Conforming amendments.--
(A) Homeland security act of 2002.--Section 1001(c)(1)(A)
of the Homeland Security Act of 2002 (6 U.S.C. 511(1)(A)) is
amended by striking ``section 3552(b)(5)'' and inserting
``section 3552(b)''.
(B) Title 10.--
(i) Section 2222.--Section 2222(i)(8) of title 10, United
States Code, is amended by striking ``section 3552(b)(6)(A)''
and inserting ``section 3552(b)(9)(A)''.
(ii) Section 2223.--Section 2223(c)(3) of title 10, United
States Code, is amended by striking ``section 3552(b)(6)''
and inserting ``section 3552(b)''.
(iii) Section 2315.--Section 2315 of title 10, United
States Code, is amended by striking ``section 3552(b)(6)''
and inserting ``section 3552(b)''.
(iv) Section 2339a.--Section 2339a(e)(5) of title 10,
United States Code, is amended by striking ``section
3552(b)(6)'' and inserting ``section 3552(b)''.
(C) High-performance computing act of 1991.--Section 207(a)
of the High-Performance Computing Act of 1991 (15 U.S.C.
5527(a)) is amended by striking ``section 3552(b)(6)(A)(i)''
and inserting ``section 3552(b)(9)(A)(i)''.
(D) Internet of things cybersecurity improvement act of
2020.--Section 3(5) of the Internet of Things Cybersecurity
Improvement Act of 2020 (15 U.S.C. 278g-3a) is amended by
striking ``section 3552(b)(6)'' and inserting ``section
3552(b)''.
(E) National defense authorization act for fiscal year
2013.--Section 933(e)(1)(B) of the National Defense
Authorization Act for Fiscal Year 2013 (10 U.S.C. 2224 note)
is amended by striking ``section 3542(b)(2)'' and inserting
``section 3552(b)''.
(F) Ike skelton national defense authorization act for
fiscal year 2011.--The Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383)
is amended--
(i) in section 806(e)(5) (10 U.S.C. 2304 note), by striking
``section 3542(b)'' and inserting ``section 3552(b)'';
(ii) in section 931(b)(3) (10 U.S.C. 2223 note), by
striking ``section 3542(b)(2)'' and inserting ``section
3552(b)''; and
(iii) in section 932(b)(2) (10 U.S.C. 2224 note), by
striking ``section 3542(b)(2)'' and inserting ``section
3552(b)''.
(G) E-government act of 2002.--Section 301(c)(1)(A) of the
E-Government Act of 2002 (44 U.S.C. 3501 note) is amended by
striking ``section 3542(b)(2)'' and inserting ``section
3552(b)''.
(H) National institute of standards and technology act.--
Section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) is amended--
(i) in subsection (a)(2), by striking ``section
3552(b)(5)'' and inserting ``section 3552(b)''; and
(ii) in subsection (f)--
(I) in paragraph (3), by striking ``section 3532(1)'' and
inserting ``section 3552(b)''; and
(II) in paragraph (5), by striking ``section 3532(b)(2)''
and inserting ``section 3552(b)''.
(c) Subchapter II Amendments.--Subchapter II of chapter 35
of title 44, United States Code, is amended--
(1) in section 3551--
(A) in paragraph (4), by striking ``diagnose and improve''
and inserting ``integrate, deliver, diagnose, and improve'';
(B) in paragraph (5), by striking ``and'' at the end;
(C) in paragraph (6), by striking the period at the end and
inserting a semi colon; and
(D) by adding at the end the following:
``(7) recognize that each agency has specific mission
requirements and, at times, unique cybersecurity requirements
to meet the mission of the agency;
``(8) recognize that each agency does not have the same
resources to secure agency systems, and an agency should not
be expected to have the capability to secure the systems of
the agency from advanced adversaries alone; and
``(9) recognize that a holistic Federal cybersecurity model
is necessary to account for differences between the missions
and capabilities of agencies.'';
(2) in section 3553--
(A) by striking the section heading and inserting
``Authority and functions of the Director and the Director of
the Cybersecurity and Infrastructure Security Agency''.
(B) in subsection (a)--
(i) in paragraph (1), by inserting ``, in consultation with
the Director of the Cybersecurity and Infrastructure Security
Agency and the National Cyber Director,'' before
``overseeing'';
(ii) in paragraph (5), by striking ``and'' at the end; and
(iii) by adding at the end the following:
``(8) promoting, in consultation with the Director of the
Cybersecurity and Infrastructure Security Agency and the
Director of the National Institute of Standards and
Technology--
``(A) the use of automation to improve Federal
cybersecurity and visibility with respect to the
implementation of Federal cybersecurity; and
``(B) the use of presumption of compromise and least
privilege principles to improve resiliency and timely
response actions to incidents on Federal systems.'';
(C) in subsection (b)--
(i) by striking the subsection heading and inserting
``Cybersecurity and Infrastructure Security Agency'';
(ii) in the matter preceding paragraph (1), by striking
``The Secretary, in consultation with the Director'' and
inserting ``The Director of the Cybersecurity and
Infrastructure Security Agency, in consultation with the
Director and the National Cyber Director'';
(iii) in paragraph (2)--
(I) in subparagraph (A), by inserting ``and reporting
requirements under subchapter IV of this title'' after
``section 3556''; and
(II) in subparagraph (D), by striking ``the Director or
Secretary'' and inserting ``the Director of the Cybersecurity
and Infrastructure Security Agency'';
(iv) in paragraph (5), by striking ``coordinating'' and
inserting ``leading the coordination of'';
(v) in paragraph (8), by striking ``the Secretary's
discretion'' and inserting ``the Director of the
Cybersecurity and Infrastructure Security Agency's
discretion''; and
(vi) in paragraph (9), by striking ``as the Director or the
Secretary, in consultation with the Director,'' and inserting
``as the Director of the Cybersecurity and Infrastructure
Security Agency'';
(D) in subsection (c)--
(i) in the matter preceding paragraph (1), by striking
``each year'' and inserting ``each year during which agencies
are required to submit reports under section 3554(c)'';
(ii) by striking paragraph (1);
(iii) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively;
(iv) in paragraph (3), as so redesignated, by striking
``and'' at the end;
(v) by inserting after paragraph (3), as so redesignated
the following:
``(4) a summary of each assessment of Federal risk posture
performed under subsection (i);''; and
(vi) in paragraph (5), by striking the period at the end
and inserting ``; and'';
(E) by redesignating subsections (i), (j), (k), and (l) as
subsections (j), (k), (l), and (m) respectively;
(F) by inserting after subsection (h) the following:
``(i) Federal Risk Assessments.--On an ongoing and
continuous basis, the Director of the Cybersecurity and
Infrastructure Security Agency shall perform assessments of
Federal risk posture using any available information on the
cybersecurity posture of agencies, and brief the Director and
National Cyber Director on the findings of those assessments
including--
``(1) the status of agency cybersecurity remedial actions
described in section 3554(b)(7);
``(2) any vulnerability information relating to the systems
of an agency that is known by the agency;
``(3) analysis of incident information under section 3597;
``(4) evaluation of penetration testing performed under
section 3559A;
``(5) evaluation of vulnerability disclosure program
information under section 3559B;
``(6) evaluation of agency threat hunting results;
``(7) evaluation of Federal and non-Federal cyber threat
intelligence;
``(8) data on agency compliance with standards issued under
section 11331 of title 40;
``(9) agency system risk assessments performed under
section 3554(a)(1)(A); and
``(10) any other information the Director of the
Cybersecurity and Infrastructure Security Agency determines
relevant.''; and
(G) in subsection (j), as so redesignated--
(i) by striking ``regarding the specific'' and inserting
``that includes a summary of--
``(1) the specific'';
(ii) in paragraph (1), as so designated, by striking the
period at the end and inserting ``; and'' and
(iii) by adding at the end the following:
``(2) the trends identified in the Federal risk assessment
performed under subsection (i).''; and
(H) by adding at the end the following:
``(n) Binding Operational Directives.--If the Director of
the Cybersecurity and Infrastructure Security Agency issues a
binding operational directive or an emergency directive under
this section, not later than 2 days after the date on which
the binding operational directive requires an agency to take
an action, the Director of the Cybersecurity and
Infrastructure Security Agency shall provide to the
appropriate reporting entities the status of the
implementation of the binding operational directive at the
agency.'';
(3) in section 3554--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively;
(II) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) on an ongoing and continuous basis, performing agency
system risk assessments that--
``(i) identify and document the high value assets of the
agency using guidance from the Director;
[[Page S8181]]
``(ii) evaluate the data assets inventoried under section
3511 for sensitivity to compromises in confidentiality,
integrity, and availability;
``(iii) identify agency systems that have access to or hold
the data assets inventoried under section 3511;
``(iv) evaluate the threats facing agency systems and data,
including high value assets, based on Federal and non-Federal
cyber threat intelligence products, where available;
``(v) evaluate the vulnerability of agency systems and
data, including high value assets, including by analyzing--
``(I) the results of penetration testing performed by the
Department of Homeland Security under section 3553(b)(9);
``(II) the results of penetration testing performed under
section 3559A;
``(III) information provided to the agency through the
vulnerability disclosure program of the agency under section
3559B;
``(IV) incidents; and
``(V) any other vulnerability information relating to
agency systems that is known to the agency;
``(vi) assess the impacts of potential agency incidents to
agency systems, data, and operations based on the evaluations
described in clauses (ii) and (iv) and the agency systems
identified under clause (iii); and
``(vii) assess the consequences of potential incidents
occurring on agency systems that would impact systems at
other agencies, including due to interconnectivity between
different agency systems or operational reliance on the
operations of the system or data in the system;'';
(III) in subparagraph (B), as so redesignated, in the
matter preceding clause (i), by striking ``providing
information'' and inserting ``using information from the
assessment conducted under subparagraph (A), providing, in
consultation with the Director of the Cybersecurity and
Infrastructure Security Agency, information'';
(IV) in subparagraph (C), as so redesignated--
(aa) in clause (ii) by inserting ``binding'' before
``operational''; and
(bb) in clause (vi), by striking ``and'' at the end; and
(V) by adding at the end the following:
``(E) providing an update on the ongoing and continuous
assessment performed under subparagraph (A)--
``(i) upon request, to the inspector general of the agency
or the Comptroller General of the United States; and
``(ii) on a periodic basis, as determined by guidance
issued by the Director but not less frequently than annually,
to--
``(I) the Director;
``(II) the Director of the Cybersecurity and Infrastructure
Security Agency; and
``(III) the National Cyber Director;
``(F) in consultation with the Director of the
Cybersecurity and Infrastructure Security Agency and not less
frequently than once every 3 years, performing an evaluation
of whether additional cybersecurity procedures are
appropriate for securing a system of, or under the
supervision of, the agency, which shall--
``(i) be completed considering the agency system risk
assessment performed under subparagraph (A); and
``(ii) include a specific evaluation for high value assets;
``(G) not later than 30 days after completing the
evaluation performed under subparagraph (F), providing the
evaluation and an implementation plan, if applicable, for
using additional cybersecurity procedures determined to be
appropriate to--
``(i) the Director of the Cybersecurity and Infrastructure
Security Agency;
``(ii) the Director; and
``(iii) the National Cyber Director; and
``(H) if the head of the agency determines there is need
for additional cybersecurity procedures, ensuring that those
additional cybersecurity procedures are reflected in the
budget request of the agency in accordance with the risk-
based cyber budget model developed pursuant to section
3553(a)(7);'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by inserting ``in accordance with
the agency system risk assessment performed under paragraph
(1)(A)'' after ``information systems'';
(II) in subparagraph (B)--
(aa) by striking ``in accordance with standards'' and
inserting ``in accordance with--
``(i) standards''; and
(bb) by adding at the end the following:
``(ii) the evaluation performed under paragraph (1)(F); and
``(iii) the implementation plan described in paragraph
(1)(G);''; and
(III) in subparagraph (D), by inserting ``, through the use
of penetration testing, the vulnerability disclosure program
established under section 3559B, and other means,'' after
``periodically'';
(iii) in paragraph (3)--
(I) in subparagraph (A)--
(aa) in clause (iii), by striking ``and'' at the end;
(bb) in clause (iv), by adding ``and'' at the end; and
(cc) by adding at the end the following:
``(v) ensure that--
``(I) senior agency information security officers of
component agencies carry out responsibilities under this
subchapter, as directed by the senior agency information
security officer of the agency or an equivalent official; and
``(II) senior agency information security officers of
component agencies report to--
``(aa) the senior information security officer of the
agency or an equivalent official; and
``(bb) the Chief Information Officer of the component
agency or an equivalent official;''; and
(iv) in paragraph (5), by inserting ``and the Director of
the Cybersecurity and Infrastructure Security Agency'' before
``on the effectiveness'';
(B) in subsection (b)--
(i) by striking paragraph (1) and inserting the following:
``(1) pursuant to subsection (a)(1)(A), performing ongoing
and continuous agency system risk assessments, which may
include using guidelines and automated tools consistent with
standards and guidelines promulgated under section 11331 of
title 40, as applicable;'';
(ii) in paragraph (2)--
(I) by striking subparagraph (B) and inserting the
following:
``(B) comply with the risk-based cyber budget model
developed pursuant to section 3553(a)(7);''; and
(II) in subparagraph (D)--
(aa) by redesignating clauses (iii) and (iv) as clauses
(iv) and (v), respectively;
(bb) by inserting after clause (ii) the following:
``(iii) binding operational directives and emergency
directives promulgated by the Director of the Cybersecurity
and Infrastructure Security Agency under section 3553;''; and
(cc) in clause (iv), as so redesignated, by striking ``as
determined by the agency; and'' and inserting ``as determined
by the agency, considering--
``(I) the agency risk assessment performed under subsection
(a)(1)(A); and
``(II) the determinations of applying more stringent
standards and additional cybersecurity procedures pursuant to
section 11331(c)(1) of title 40; and'';
(iii) in paragraph (5)(A), by inserting ``, including
penetration testing, as appropriate,'' after ``shall include
testing'';
(iv) in paragraph (6), by striking ``planning,
implementing, evaluating, and documenting'' and inserting
``planning and implementing and, in consultation with the
Director of the Cybersecurity and Infrastructure Security
Agency, evaluating and documenting'';
(v) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(vi) by inserting after paragraph (6) the following:
``(7) a process for providing the status of every remedial
action and known system vulnerability to the Director and the
Director of the Cybersecurity and Infrastructure Security
Agency, using automation and machine-readable data to the
greatest extent practicable;''; and
(vii) in paragraph (8)(C), as so redesignated--
(I) by striking clause (ii) and inserting the following:
``(ii) notifying and consulting with the Federal
information security incident center established under
section 3556 pursuant to the requirements of section 3594;'';
(II) by redesignating clause (iii) as clause (iv);
(III) by inserting after clause (ii) the following:
``(iii) performing the notifications and other activities
required under subchapter IV of this title; and''; and
(IV) in clause (iv), as so redesignated--
(aa) in subclause (I), by striking ``and relevant offices
of inspectors general'';
(bb) in subclause (II), by adding ``and'' at the end;
(cc) by striking subclause (III); and
(dd) by redesignating subclause (IV) as subclause (III);
(C) in subsection (c)--
(i) by redesignating paragraph (2) as paragraph (5);
(ii) by striking paragraph (1) and inserting the following:
``(1) Biannual report.--Not later than 2 years after the
date of enactment of the Federal Information Security
Modernization Act of 2021 and not less frequently than once
every 2 years thereafter, using the continuous and ongoing
agency system risk assessment under subsection (a)(1)(A), the
head of each agency shall submit to the Director, the
Director of the Cybersecurity and Infrastructure Security
Agency, the 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, the Committee on Oversight and Reform of the
House of Representatives, the Committee on Homeland Security
of the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Science, Space, and Technology of the House of
Representatives, the appropriate authorization and
appropriations committees of Congress, the National Cyber
Director, and the Comptroller General of the United States a
report that--
``(A) summarizes the agency system risk assessment
performed under subsection (a)(1)(A);
``(B) evaluates the adequacy and effectiveness of
information security policies, procedures, and practices of
the agency to address the risks identified in the agency
system risk assessment performed under subsection (a)(1)(A),
including an analysis of the agency's cybersecurity and
incident response capabilities using the metrics established
[[Page S8182]]
under section 224(c) of the Cybersecurity Act of 2015 (6
U.S.C. 1522(c));
``(C) summarizes the evaluation and implementation plans
described in subparagraphs (F) and (G) of subsection (a)(1)
and whether those evaluation and implementation plans call
for the use of additional cybersecurity procedures determined
to be appropriate by the agency; and
``(D) summarizes the status of remedial actions identified
by inspector general of the agency, the Comptroller General
of the United States, and any other source determined
appropriate by the head of the agency.
``(2) Unclassified reports.--Each report submitted under
paragraph (1)--
``(A) shall be, to the greatest extent practicable, in an
unclassified and otherwise uncontrolled form; and
``(B) may include a classified annex.
``(3) Access to information.--The head of an agency shall
ensure that, to the greatest extent practicable, information
is included in the unclassified form of the report submitted
by the agency under paragraph (2)(A).
``(4) Briefings.--During each year during which a report is
not required to be submitted under paragraph (1), the
Director shall provide to the congressional committees
described in paragraph (1) a briefing summarizing current
agency and Federal risk postures.''; and
(iii) in paragraph (5), as so redesignated, by inserting
``including the reporting procedures established under
section 11315(d) of title 40 and subsection (a)(3)(A)(v) of
this section''; and
(D) in subsection (d)(1), in the matter preceding
subparagraph (A), by inserting ``and the Director of the
Cybersecurity and Infrastructure Security Agency'' after
``the Director''; and
(4) in section 3555--
(A) in the section heading, by striking ``annual
independent'' and inserting ``independent'';
(B) in subsection (a)--
(i) in paragraph (1), by inserting ``during which a report
is required to be submitted under section 3553(c),'' after
``Each year'';
(ii) in paragraph (2)(A), by inserting ``, including by
penetration testing and analyzing the vulnerability
disclosure program of the agency'' after ``information
systems''; and
(iii) by adding at the end the following:
``(3) An evaluation under this section may include
recommendations for improving the cybersecurity posture of
the agency.'';
(C) in subsection (b)(1), by striking ``annual'';
(D) in subsection (e)(1), by inserting ``during which a
report is required to be submitted under section 3553(c)''
after ``Each year'';
(E) by striking subsection (f) and inserting the following:
``(f) Protection of Information.--(1) Agencies, evaluators,
and other recipients of information that, if disclosed, may
cause grave harm to the efforts of Federal information
security officers shall take appropriate steps to ensure the
protection of that information, including safeguarding the
information from public disclosure.
``(2) The protections required under paragraph (1) shall be
commensurate with the risk and comply with all applicable
laws and regulations.
``(3) With respect to information that is not related to
national security systems, agencies and evaluators shall make
a summary of the information unclassified and publicly
available, including information that does not identify--
``(A) specific information system incidents; or
``(B) specific information system vulnerabilities.'';
(F) in subsection (g)(2)--
(i) by striking ``this subsection shall'' and inserting
``this subsection--
``(A) shall'';
(ii) in subparagraph (A), as so designated, by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(B) identify any entity that performs an independent
evaluation under subsection (b).''; and
(G) by striking subsection (j) and inserting the following:
``(j) Guidance.--
``(1) In general.--The Director, in consultation with the
Director of the Cybersecurity and Infrastructure Security
Agency, the Chief Information Officers Council, the Council
of the Inspectors General on Integrity and Efficiency, and
other interested parties as appropriate, shall ensure the
development of guidance for evaluating the effectiveness of
an information security program and practices
``(2) Priorities.--The guidance developed under paragraph
(1) shall prioritize the identification of--
``(A) the most common threat patterns experienced by each
agency;
``(B) the security controls that address the threat
patterns described in subparagraph (A); and
``(C) any other security risks unique to the networks of
each agency.''; and
(5) in section 3556(a)--
(A) in the matter preceding paragraph (1), by inserting
``within the Cybersecurity and Infrastructure Security
Agency'' after ``incident center''; and
(B) in paragraph (4), by striking ``3554(b)'' and inserting
``3554(a)(1)(A)''.
(d) Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
35 of title 44, United States Code, is amended--
(A) by striking the item relating to section 3553 and
inserting the following:
``3553. Authority and functions of the Director and the Director of the
Cybersecurity and Infrastructure Security Agency.''; and
(B) by striking the item relating to section 3555 and
inserting the following:
``3555. Independent evaluation.''.
(2) OMB reports.--Section 226(c) of the Cybersecurity Act
of 2015 (6 U.S.C. 1524(c)) is amended--
(A) in paragraph (1)(B), in the matter preceding clause
(i), by striking ``annually thereafter'' and inserting
``thereafter during the years during which a report is
required to be submitted under section 3553(c) of title 44,
United States Code''; and
(B) in paragraph (2)(B), in the matter preceding clause
(i)--
(i) by striking ``annually thereafter'' and inserting
``thereafter during the years during which a report is
required to be submitted under section 3553(c) of title 44,
United States Code''; and
(ii) by striking ``the report required under section
3553(c) of title 44, United States Code'' and inserting
``that report''.
(3) NIST responsibilities.--Section 20(d)(3)(B) of the
National Institute of Standards and Technology Act (15 U.S.C.
278g-3(d)(3)(B)) is amended by striking ``annual''.
(e) Federal System Incident Response.--
(1) In general.--Chapter 35 of title 44, United States
Code, is amended by adding at the end the following:
``SUBCHAPTER IV--FEDERAL SYSTEM INCIDENT RESPONSE
``Sec. 3591. Definitions
``(a) In General.--Except as provided in subsection (b),
the definitions under sections 3502 and 3552 shall apply to
this subchapter.
``(b) Additional Definitions.--As used in this subchapter:
``(1) Appropriate reporting entities.--The term
`appropriate reporting entities' means--
``(A) the majority and minority leaders of the Senate;
``(B) the Speaker and minority leader of the House of
Representatives;
``(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(D) the Committee on Oversight and Reform of the House of
Representatives;
``(E) the Committee on Homeland Security of the House of
Representatives;
``(F) the appropriate authorization and appropriations
committees of Congress;
``(G) the Director;
``(H) the Director of the Cybersecurity and Infrastructure
Security Agency;
``(I) the National Cyber Director;
``(J) the Comptroller General of the United States; and
``(K) the inspector general of any impacted agency.
``(2) Awardee.--The term `awardee'--
``(A) means a person, business, or other entity that
receives a grant from, or is a party to a cooperative
agreement or an other transaction agreement with, an agency;
and
``(B) includes any subgrantee of a person, business, or
other entity described in subparagraph (A).
``(3) Breach.--The term `breach' means--
``(A) a compromise of the security, confidentiality, or
integrity of data in electronic form that results in
unauthorized access to, or an acquisition of, personal
information; or
``(B) a loss of data in electronic form that results in
unauthorized access to, or an acquisition of, personal
information.
``(4) Contractor.--The term `contractor' means--
``(A) a prime contractor of an agency or a subcontractor of
a prime contractor of an agency; and
``(B) any person or business that collects or maintains
information, including personally identifiable information,
on behalf of an agency.
``(5) Federal information.--The term `Federal information'
means information created, collected, processed, maintained,
disseminated, disclosed, or disposed of by or for the Federal
Government in any medium or form.
``(6) Federal information system.--The term `Federal
information system' means an information system used or
operated by an agency, a contractor, an awardee, or another
organization on behalf of an agency.
``(7) Intelligence community.--The term `intelligence
community' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(8) Nationwide consumer reporting agency.--The term
`nationwide consumer reporting agency' means a consumer
reporting agency described in section 603(p) of the Fair
Credit Reporting Act (15 U.S.C. 1681a(p)).
``(9) Vulnerability disclosure.--The term `vulnerability
disclosure' means a vulnerability identified under section
3559B.
``Sec. 3592. Notification of breach
``(a) Notification.--As expeditiously as practicable and
without unreasonable delay, and in any case not later than 45
days after an agency has a reasonable basis to conclude that
a breach has occurred, the head of the agency, in
consultation with a senior privacy officer of the agency,
shall--
``(1) determine whether notice to any individual
potentially affected by the breach is appropriate based on an
assessment of the risk of harm to the individual that
considers--
[[Page S8183]]
``(A) the nature and sensitivity of the personally
identifiable information affected by the breach;
``(B) the likelihood of access to and use of the personally
identifiable information affected by the breach;
``(C) the type of breach; and
``(D) any other factors determined by the Director; and
``(2) as appropriate, provide written notice in accordance
with subsection (b) to each individual potentially affected
by the breach--
``(A) to the last known mailing address of the individual;
or
``(B) through an appropriate alternative method of
notification that the head of the agency or a designated
senior-level individual of the agency selects based on
factors determined by the Director.
``(b) Contents of Notice.--Each notice of a breach provided
to an individual under subsection (a)(2) shall include--
``(1) a brief description of the rationale for the
determination that notice should be provided under subsection
(a);
``(2) if possible, a description of the types of personally
identifiable information affected by the breach;
``(3) contact information of the agency that may be used to
ask questions of the agency, which--
``(A) shall include an e-mail address or another digital
contact mechanism; and
``(B) may include a telephone number or a website;
``(4) information on any remedy being offered by the
agency;
``(5) any applicable educational materials relating to what
individuals can do in response to a breach that potentially
affects their personally identifiable information, including
relevant contact information for Federal law enforcement
agencies and each nationwide consumer reporting agency; and
``(6) any other appropriate information, as determined by
the head of the agency or established in guidance by the
Director.
``(c) Delay of Notification.--
``(1) In general.--The Attorney General, the Director of
National Intelligence, or the Secretary of Homeland Security
may delay a notification required under subsection (a) if the
notification would--
``(A) impede a criminal investigation or a national
security activity;
``(B) reveal sensitive sources and methods;
``(C) cause damage to national security; or
``(D) hamper security remediation actions.
``(2) Documentation.--
``(A) In general.--Any delay under paragraph (1) shall be
reported in writing to the Director, the Attorney General,
the Director of National Intelligence, the Secretary of
Homeland Security, the Director of the Cybersecurity and
Infrastructure Security Agency, and the head of the agency
and the inspector general of the agency that experienced the
breach.
``(B) Contents.--A report required under subparagraph (A)
shall include a written statement from the entity that
delayed the notification explaining the need for the delay.
``(C) Form.--The report required under subparagraph (A)
shall be unclassified but may include a classified annex.
``(3) Renewal.--A delay under paragraph (1) shall be for a
period of 60 days and may be renewed.
``(d) Update Notification.--If an agency determines there
is a significant change in the reasonable basis to conclude
that a breach occurred, a significant change to the
determination made under subsection (a)(1), or that it is
necessary to update the details of the information provided
to impacted individuals as described in subsection (b), the
agency shall as expeditiously as practicable and without
unreasonable delay, and in any case not later than 30 days
after such a determination, notify each individual who
received a notification pursuant to subsection (a) of those
changes.
``(e) Exemption From Notification.--
``(1) In general.--The head of an agency, in consultation
with the inspector general of the agency, may request an
exemption from the Director from complying with the
notification requirements under subsection (a) if the
information affected by the breach is determined by an
independent evaluation to be unreadable, including, as
appropriate, instances in which the information is--
``(A) encrypted; and
``(B) determined by the Director of the Cybersecurity and
Infrastructure Security Agency to be of sufficiently low risk
of exposure.
``(2) Approval.--The Director shall determine whether to
grant an exemption requested under paragraph (1) in
consultation with--
``(A) the Director of the Cybersecurity and Infrastructure
Security Agency; and
``(B) the Attorney General.
``(3) Documentation.--Any exemption granted by the Director
under paragraph (1) shall be reported in writing to the head
of the agency and the inspector general of the agency that
experienced the breach and the Director of the Cybersecurity
and Infrastructure Security Agency.
``(f) Rule of Construction.--Nothing in this section shall
be construed to limit--
``(1) the Director from issuing guidance relating to
notifications or the head of an agency from notifying
individuals potentially affected by breaches that are not
determined to be major incidents; or
``(2) the Director from issuing guidance relating to
notifications of major incidents or the head of an agency
from providing more information than described in subsection
(b) when notifying individuals potentially affected by
breaches.
``Sec. 3593. Congressional and Executive Branch reports
``(a) Initial Report.--
``(1) In general.--Not later than 72 hours after an agency
has a reasonable basis to conclude that a major incident
occurred, the head of the agency impacted by the major
incident shall submit to the appropriate reporting entities a
written report and, to the extent practicable, provide a
briefing to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Reform of the House of Representatives, the
Committee on Homeland Security of the House of
Representatives, and the appropriate authorization and
appropriations committees of Congress, taking into account--
``(A) the information known at the time of the report;
``(B) the sensitivity of the details associated with the
major incident; and
``(C) the classification level of the information contained
in the report.
``(2) Contents.--A report required under paragraph (1)
shall include, in a manner that excludes or otherwise
reasonably protects personally identifiable information and
to the extent permitted by applicable law, including privacy
and statistical laws--
``(A) a summary of the information available about the
major incident, including how the major incident occurred,
information indicating that the major incident may be a
breach, and information relating to the major incident as a
breach, based on information available to agency officials as
of the date on which the agency submits the report;
``(B) if applicable, a description and any associated
documentation of any circumstances necessitating a delay in
or exemption to notification to individuals potentially
affected by the major incident under subsection (c) or (e) of
section 3592; and
``(C) if applicable, an assessment of the impacts to the
agency, the Federal Government, or the security of the United
States, based on information available to agency officials on
the date on which the agency submits the report.
``(b) Supplemental Report.--Within a reasonable amount of
time, but not later than 30 days after the date on which an
agency submits a written report under subsection (a), the
head of the agency shall provide to the appropriate reporting
entities written updates on the major incident and, to the
extent practicable, provide a briefing to the congressional
committees described in subsection (a)(1), including
summaries of--
``(1) vulnerabilities, means by which the major incident
occurred, and impacts to the agency relating to the major
incident;
``(2) any risk assessment and subsequent risk-based
security implementation of the affected information system
before the date on which the major incident occurred;
``(3) the status of compliance of the affected information
system with applicable security requirements at the time of
the major incident;
``(4) an estimate of the number of individuals potentially
affected by the major incident based on information available
to agency officials as of the date on which the agency
provides the update;
``(5) an assessment of the risk of harm to individuals
potentially affected by the major incident based on
information available to agency officials as of the date on
which the agency provides the update;
``(6) an update to the assessment of the risk to agency
operations, or to impacts on other agency or non-Federal
entity operations, affected by the major incident based on
information available to agency officials as of the date on
which the agency provides the update; and
``(7) the detection, response, and remediation actions of
the agency, including any support provided by the
Cybersecurity and Infrastructure Security Agency under
section 3594(d) and status updates on the notification
process described in section 3592(a), including any delay or
exemption described in subsection (c) or (e), respectively,
of section 3592, if applicable.
``(c) Update Report.--If the agency determines that there
is any significant change in the understanding of the agency
of the scope, scale, or consequence of a major incident for
which an agency submitted a written report under subsection
(a), the agency shall provide an updated report to the
appropriate reporting entities that includes information
relating to the change in understanding.
``(d) Annual Report.--Each agency shall submit as part of
the annual report required under section 3554(c)(1) of this
title a description of each major incident that occurred
during the 1-year period preceding the date on which the
report is submitted.
``(e) Delay and Exemption Report.--
``(1) In general.--The Director shall submit to the
appropriate notification entities an annual report on all
notification delays and exemptions granted pursuant to
subsections (c) and (d) of section 3592.
``(2) Component of other report.--The Director may submit
the report required under paragraph (1) as a component of the
annual report submitted under section 3597(b).
``(f) Report Delivery.--Any written report required to be
submitted under this section may be submitted in a paper or
electronic format.
``(g) Threat Briefing.--
[[Page S8184]]
``(1) In general.--Not later than 7 days after the date on
which an agency has a reasonable basis to conclude that a
major incident occurred, the head of the agency, jointly with
the National Cyber Director and any other Federal entity
determined appropriate by the National Cyber Director, shall
provide a briefing to the congressional committees described
in subsection (a)(1) on the threat causing the major
incident.
``(2) Components.--The briefing required under paragraph
(1)--
``(A) shall, to the greatest extent practicable, include an
unclassified component; and
``(B) may include a classified component.
``(h) Rule of Construction.--Nothing in this section shall
be construed to limit--
``(1) the ability of an agency to provide additional
reports or briefings to Congress; or
``(2) Congress from requesting additional information from
agencies through reports, briefings, or other means.
``Sec. 3594. Government information sharing and incident
response
``(a) In General.--
``(1) Incident reporting.--The head of each agency shall
provide any information relating to any incident, whether the
information is obtained by the Federal Government directly or
indirectly, to the Cybersecurity and Infrastructure Security
Agency and the Office of Management and Budget.
``(2) Contents.--A provision of information relating to an
incident made by the head of an agency under paragraph (1)
shall--
``(A) include detailed information about the safeguards
that were in place when the incident occurred;
``(B) whether the agency implemented the safeguards
described in subparagraph (A) correctly;
``(C) in order to protect against a similar incident,
identify--
``(i) how the safeguards described in subparagraph (A)
should be implemented differently; and
``(ii) additional necessary safeguards; and
``(D) include information to aid in incident response, such
as--
``(i) a description of the affected systems or networks;
``(ii) the estimated dates of when the incident occurred;
and
``(iii) information that could reasonably help identify the
party that conducted the incident.
``(3) Information sharing.--To the greatest extent
practicable, the Director of the Cybersecurity and
Infrastructure Security Agency shall share information
relating to an incident with any agencies that may be
impacted by the incident.
``(4) National security systems.--Each agency operating or
exercising control of a national security system shall share
information about incidents that occur on national security
systems with the Director of the Cybersecurity and
Infrastructure Security Agency to the extent consistent with
standards and guidelines for national security systems issued
in accordance with law and as directed by the President.
``(b) Compliance.--The information provided under
subsection (a) shall take into account the level of
classification of the information and any information sharing
limitations and protections, such as limitations and
protections relating to law enforcement, national security,
privacy, statistical confidentiality, or other factors
determined by the Director
``(c) Incident Response.--Each agency that has a reasonable
basis to conclude that a major incident occurred involving
Federal information in electronic medium or form, as defined
by the Director and not involving a national security system,
regardless of delays from notification granted for a major
incident, shall coordinate with the Cybersecurity and
Infrastructure Security Agency regarding--
``(1) incident response and recovery; and
``(2) recommendations for mitigating future incidents.
``Sec. 3595. Responsibilities of contractors and awardees
``(a) Notification.--
``(1) In general.--Unless otherwise specified in a
contract, grant, cooperative agreement, or an other
transaction agreement, any contractor or awardee of an agency
shall report to the agency within the same amount of time
such agency is required to report an incident to the
Cybersecurity and Infrastructure Security Agency, if the
contractor or awardee has a reasonable basis to conclude
that--
``(A) an incident or breach has occurred with respect to
Federal information collected, used, or maintained by the
contractor or awardee in connection with the contract, grant,
cooperative agreement, or other transaction agreement of the
contractor or awardee;
``(B) an incident or breach has occurred with respect to a
Federal information system used or operated by the contractor
or awardee in connection with the contract, grant,
cooperative agreement, or other transaction agreement of the
contractor or awardee; or
``(C) the contractor or awardee has received information
from the agency that the contractor or awardee is not
authorized to receive in connection with the contract, grant,
cooperative agreement, or other transaction agreement of the
contractor or awardee.
``(2) Procedures.--
``(A) Major incident.--Following a report of a breach or
major incident by a contractor or awardee under paragraph
(1), the agency, in consultation with the contractor or
awardee, shall carry out the requirements under sections
3592, 3593, and 3594 with respect to the major incident.
``(B) Incident.--Following a report of an incident by a
contractor or awardee under paragraph (1), an agency, in
consultation with the contractor or awardee, shall carry out
the requirements under section 3594 with respect to the
incident.
``(b) Effective Date.--This section shall apply on and
after the date that is 1 year after the date of enactment of
the Federal Information Security Modernization Act of 2021.
``Sec. 3596. Training
``(a) Covered Individual Defined.--In this section, the
term `covered individual' means an individual who obtains
access to Federal information or Federal information systems
because of the status of the individual as an employee,
contractor, awardee, volunteer, or intern of an agency.
``(b) Requirement.--The head of each agency shall develop
training for covered individuals on how to identify and
respond to an incident, including--
``(1) the internal process of the agency for reporting an
incident; and
``(2) the obligation of a covered individual to report to
the agency a confirmed major incident and any suspected
incident involving information in any medium or form,
including paper, oral, and electronic.
``(c) Inclusion in Annual Training.--The training developed
under subsection (b) may be included as part of an annual
privacy or security awareness training of an agency.
``Sec. 3597. Analysis and report on Federal incidents
``(a) Analysis of Federal Incidents.--
``(1) Quantitative and qualitative analyses.--The Director
of the Cybersecurity and Infrastructure Security Agency shall
develop, in consultation with the Director and the National
Cyber Director, and perform continuous monitoring and
quantitative and qualitative analyses of incidents at
agencies, including major incidents, including--
``(A) the causes of incidents, including--
``(i) attacker tactics, techniques, and procedures; and
``(ii) system vulnerabilities, including zero days,
unpatched systems, and information system misconfigurations;
``(B) the scope and scale of incidents at agencies;
``(C) cross Federal Government root causes of incidents at
agencies;
``(D) agency incident response, recovery, and remediation
actions and the effectiveness of those actions, as
applicable;
``(E) lessons learned and recommendations in responding to,
recovering from, remediating, and mitigating future
incidents; and
``(F) trends in cross-Federal Government cybersecurity and
incident response capabilities using the metrics established
under section 224(c) of the Cybersecurity Act of 2015 (6
U.S.C. 1522(c)).
``(2) Automated analysis.--The analyses developed under
paragraph (1) shall, to the greatest extent practicable, use
machine readable data, automation, and machine learning
processes.
``(3) Sharing of data and analysis.--
``(A) In general.--The Director shall share on an ongoing
basis the analyses required under this subsection with
agencies and the National Cyber Director to--
``(i) improve the understanding of cybersecurity risk of
agencies; and
``(ii) support the cybersecurity improvement efforts of
agencies.
``(B) Format.--In carrying out subparagraph (A), the
Director shall share the analyses--
``(i) in human-readable written products; and
``(ii) to the greatest extent practicable, in machine-
readable formats in order to enable automated intake and use
by agencies.
``(b) Annual Report on Federal Incidents.--Not later than 2
years after the date of enactment of this section, and not
less frequently than annually thereafter, the Director of the
Cybersecurity and Infrastructure Security Agency, in
consultation with the Director and other Federal agencies as
appropriate, shall submit to the appropriate notification
entities a report that includes--
``(1) a summary of causes of incidents from across the
Federal Government that categorizes those incidents as
incidents or major incidents;
``(2) the quantitative and qualitative analyses of
incidents developed under subsection (a)(1) on an agency-by-
agency basis and comprehensively across the Federal
Government, including--
``(A) a specific analysis of breaches; and
``(B) an analysis of the Federal Government's performance
against the metrics established under section 224(c) of the
Cybersecurity Act of 2015 (6 U.S.C. 1522(c)); and
``(3) an annex for each agency that includes--
``(A) a description of each major incident;
``(B) the total number of compromises of the agency; and
``(C) an analysis of the agency's performance against the
metrics established under section 224(c) of the Cybersecurity
Act of 2015 (6 U.S.C. 1522(c)).
``(c) Publication.--A version of each report submitted
under subsection (b) shall be made publicly available on the
website of the Cybersecurity and Infrastructure Security
[[Page S8185]]
Agency during the year in which the report is submitted.
``(d) Information Provided by Agencies.--
``(1) In general.--The analysis required under subsection
(a) and each report submitted under subsection (b) shall use
information provided by agencies under section 3594(a).
``(2) Noncompliance reports.--
``(A) In general.--Subject to subparagraph (B), during any
year during which the head of an agency does not provide data
for an incident to the Cybersecurity and Infrastructure
Security Agency in accordance with section 3594(a), the head
of the agency, in coordination with the Director of the
Cybersecurity and Infrastructure Security Agency and the
Director, shall submit to the appropriate reporting entities
a report that includes--
``(i) data for the incident; and
``(ii) the information described in subsection (b) with
respect to the agency.
``(B) Exception for national security systems.--The head of
an agency that owns or exercises control of a national
security system shall not include data for an incident that
occurs on a national security system in any report submitted
under subparagraph (A).
``(3) National security system reports.--
``(A) In general.--Annually, the head of an agency that
operates or exercises control of a national security system
shall submit a report that includes the information described
in subsection (b) with respect to the agency to the extent
that the submission is consistent with standards and
guidelines for national security systems issued in accordance
with law and as directed by the President to--
``(i) the majority and minority leaders of the Senate,
``(ii) the Speaker and minority leader of the House of
Representatives;
``(iii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(iv) the Select Committee on Intelligence of the Senate;
``(v) the Committee on Armed Services of the Senate;
``(vi) the Committee on Appropriations of the Senate;
``(vii) the Committee on Oversight and Reform of the House
of Representatives;
``(viii) the Committee on Homeland Security of the House of
Representatives;
``(ix) the Permanent Select Committee on Intelligence of
the House of Representatives;
``(x) the Committee on Armed Services of the House of
Representatives; and
``(xi) the Committee on Appropriations of the House of
Representatives.
``(B) Classified form.--A report required under
subparagraph (A) may be submitted in a classified form.
``(e) Requirement for Compiling Information.--In publishing
the public report required under subsection (c), the Director
of the Cybersecurity and Infrastructure Security Agency shall
sufficiently compile information such that no specific
incident of an agency can be identified, except with the
concurrence of the Director of the Office of Management and
Budget and in consultation with the impacted agency.
``Sec. 3598. Major incident definition
``(a) In General.--Not later than 180 days after the date
of enactment of the Federal Information Security
Modernization Act of 2021, the Director, in coordination with
the Director of the Cybersecurity and Infrastructure Security
Agency and the National Cyber Director, shall develop and
promulgate guidance on the definition of the term `major
incident' for the purposes of subchapter II and this
subchapter.
``(b) Requirements.--With respect to the guidance issued
under subsection (a), the definition of the term `major
incident' shall--
``(1) include, with respect to any information collected or
maintained by or on behalf of an agency or an information
system used or operated by an agency or by a contractor of an
agency or another organization on behalf of an agency--
``(A) any incident the head of the agency determines is
likely to have an impact on--
``(i) the national security, homeland security, or economic
security of the United States; or
``(ii) the civil liberties or public health and safety of
the people of the United States;
``(B) any incident the head of the agency determines likely
to result in an inability for the agency, a component of the
agency, or the Federal Government, to provide 1 or more
critical services;
``(C) any incident that the head of an agency, in
consultation with a senior privacy officer of the agency,
determines is likely to have a significant privacy impact on
1 or more individual;
``(D) any incident that the head of the agency, in
consultation with a senior privacy official of the agency,
determines is likely to have a substantial privacy impact on
a significant number of individuals;
``(E) any incident the head of the agency determines
impacts the operations of a high value asset owned or
operated by the agency;
``(F) any incident involving the exposure of sensitive
agency information to a foreign entity, such as the
communications of the head of the agency, the head of a
component of the agency, or the direct reports of the head of
the agency or the head of a component of the agency; and
``(G) any other type of incident determined appropriate by
the Director;
``(2) stipulate that the National Cyber Director shall
declare a major incident at each agency impacted by an
incident if the Director of the Cybersecurity and
Infrastructure Security Agency determines that an incident--
``(A) occurs at not less than 2 agencies; and
``(B) is enabled by--
``(i) a common technical root cause, such as a supply chain
compromise, a common software or hardware vulnerability; or
``(ii) the related activities of a common threat actor; and
``(3) stipulate that, in determining whether an incident
constitutes a major incident because that incident--
``(A) is any incident described in paragraph (1), the head
of an agency shall consult with the Director of the
Cybersecurity and Infrastructure Security Agency;
``(B) is an incident described in paragraph (1)(A), the
head of the agency shall consult with the National Cyber
Director; and
``(C) is an incident described in subparagraph (C) or (D)
of paragraph (1), the head of the agency shall consult with--
``(i) the Privacy and Civil Liberties Oversight Board; and
``(ii) the Chair of the Federal Trade Commission.
``(c) Significant Number of Individuals.--In determining
what constitutes a significant number of individuals under
subsection (b)(1)(D), the Director--
``(1) may determine a threshold for a minimum number of
individuals that constitutes a significant amount; and
``(2) may not determine a threshold described in paragraph
(1) that exceeds 5,000 individuals.
``(d) Evaluation and Updates.--Not later than 2 years after
the date of enactment of the Federal Information Security
Modernization Act of 2021, and not less frequently than every
2 years thereafter, the Director shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Reform of the
House of Representatives an evaluation, which shall include--
``(1) an update, if necessary, to the guidance issued under
subsection (a);
``(2) the definition of the term `major incident' included
in the guidance issued under subsection (a); and
``(3) an explanation of, and the analysis that led to, the
definition described in paragraph (2).''.
(2) Clerical amendment.--The table of sections for chapter
35 of title 44, United States Code, is amended by adding at
the end the following:
``subchapter iv--federal system incident response
``3591. Definitions.
``3592. Notification of breach.
``3593. Congressional and Executive Branch reports.
``3594. Government information sharing and incident response.
``3595. Responsibilities of contractors and awardees.
``3596. Training.
``3597. Analysis and report on Federal incidents.
``3598. Major incident definition.''.
SEC. 5122. AMENDMENTS TO SUBTITLE III OF TITLE 40.
(a) Modernizing Government Technology.--Subtitle G of title
X of Division A of the National Defense Authorization Act for
Fiscal Year 2018 (40 U.S.C. 11301 note) is amended--
(1) in section 1077(b)--
(A) in paragraph (5)(A), by inserting ``improving the
cybersecurity of systems and'' before ``cost savings
activities''; and
(B) in paragraph (7)--
(i) in the paragraph heading, by striking ``cio'' and
inserting ``CIO'';
(ii) by striking ``In evaluating projects'' and inserting
the following:
``(A) Consideration of guidance.--In evaluating projects'';
(iii) in subparagraph (A), as so designated, by striking
``under section 1094(b)(1)'' and inserting ``by the
Director''; and
(iv) by adding at the end the following:
``(B) Consultation.--In using funds under paragraph (3)(A),
the Chief Information Officer of the covered agency shall
consult with the necessary stakeholders to ensure the project
appropriately addresses cybersecurity risks, including the
Director of the Cybersecurity and Infrastructure Security
Agency, as appropriate.''; and
(2) in section 1078--
(A) by striking subsection (a) and inserting the following:
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term in section 551 of title 5, United States Code.
``(2) High value asset.--The term `high value asset' has
the meaning given the term in section 3552 of title 44,
United States Code.'';
(B) in subsection (b), by adding at the end the following:
``(8) Proposal evaluation.--The Director shall--
``(A) give consideration for the use of amounts in the Fund
to improve the security of high value assets; and
``(B) require that any proposal for the use of amounts in
the Fund includes a cybersecurity plan, including a supply
chain risk management plan, to be reviewed by the member of
the Technology Modernization Board described in subsection
(c)(5)(C).''; and
(C) in subsection (c)--
[[Page S8186]]
(i) in paragraph (2)(A)(i), by inserting ``, including a
consideration of the impact on high value assets'' after
``operational risks'';
(ii) in paragraph (5)--
(I) in subparagraph (A), by striking ``and'' at the end;
(II) in subparagraph (B), by striking the period at the end
and inserting ``and''; and
(III) by adding at the end the following:
``(C) a senior official from the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security, appointed by the Director.''; and
(iii) in paragraph (6)(A), by striking ``shall be--'' and
all that follows through ``4 employees'' and inserting
``shall be 4 employees''.
(b) Subchapter I.--Subchapter I of subtitle III of title
40, United States Code, is amended--
(1) in section 11302--
(A) in subsection (b), by striking ``use, security, and
disposal of'' and inserting ``use, and disposal of, and, in
consultation with the Director of the Cybersecurity and
Infrastructure Security Agency and the National Cyber
Director, promote and improve the security of,'';
(B) in subsection (c)--
(i) in paragraph (3)--
(I) in subparagraph (A)--
(aa) by striking ``including data'' and inserting ``which
shall--
``(i) include data'';
(bb) in clause (i), as so designated, by striking ``, and
performance'' and inserting ``security, and performance;
and''; and
(cc) by adding at the end the following:
``(ii) specifically denote cybersecurity funding under the
risk-based cyber budget model developed pursuant to section
3553(a)(7) of title 44.''; and
(II) in subparagraph (B), adding at the end the following:
``(iii) The Director shall provide to the National Cyber
Director any cybersecurity funding information described in
subparagraph (A)(ii) that is provided to the Director under
clause (ii) of this subparagraph.''; and
(ii) in paragraph (4)(B), in the matter preceding clause
(i), by inserting ``not later than 30 days after the date on
which the review under subparagraph (A) is completed,''
before ``the Administrator'';
(C) in subsection (f)--
(i) by striking ``heads of executive agencies to develop''
and inserting ``heads of executive agencies to--
``(1) develop'';
(ii) in paragraph (1), as so designated, by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(2) consult with the Director of the Cybersecurity and
Infrastructure Security Agency for the development and use of
supply chain security best practices.''; and
(D) in subsection (h), by inserting ``, including
cybersecurity performances,'' after ``the performances''; and
(2) in section 11303(b)--
(A) in paragraph (2)(B)--
(i) in clause (i), by striking ``or'' at the end;
(ii) in clause (ii), by adding ``or'' at the end; and
(iii) by adding at the end the following:
``(iii) whether the function should be performed by a
shared service offered by another executive agency;''; and
(B) in paragraph (5)(B)(i), by inserting ``, while taking
into account the risk-based cyber budget model developed
pursuant to section 3553(a)(7) of title 44'' after ``title
31''.
(c) Subchapter II.--Subchapter II of subtitle III of title
40, United States Code, is amended--
(1) in section 11312(a), by inserting ``, including
security risks'' after ``managing the risks'';
(2) in section 11313(1), by striking ``efficiency and
effectiveness'' and inserting ``efficiency, security, and
effectiveness'';
(3) in section 11315, by adding at the end the following:
``(d) Component Agency Chief Information Officers.--The
Chief Information Officer or an equivalent official of a
component agency shall report to--
``(1) the Chief Information Officer designated under
section 3506(a)(2) of title 44 or an equivalent official of
the agency of which the component agency is a component; and
``(2) the head of the component agency.'';
(4) in section 11317, by inserting ``security,'' before
``or schedule''; and
(5) in section 11319(b)(1), in the paragraph heading, by
striking ``CIOS'' and inserting ``Chief information
officers''.
(d) Subchapter III.--Section 11331 of title 40, United
States Code, is amended--
(1) in subsection (a), by striking ``section 3532(b)(1)''
and inserting ``section 3552(b)'';
(2) in subsection (b)(1)(A), by striking ``the Secretary of
Homeland Security'' and inserting ``the Director of the
Cybersecurity and Infrastructure Security Agency'';
(3) by striking subsection (c) and inserting the following:
``(c) Application of More Stringent Standards.--
``(1) In general.--The head of an agency shall--
``(A) evaluate, in consultation with the senior agency
information security officers, the need to employ standards
for cost-effective, risk-based information security for all
systems, operations, and assets within or under the
supervision of the agency that are more stringent than the
standards promulgated by the Director under this section, if
such standards contain, at a minimum, the provisions of those
applicable standards made compulsory and binding by the
Director; and
``(B) to the greatest extent practicable and if the head of
the agency determines that the standards described in
subparagraph (A) are necessary, employ those standards.
``(2) Evaluation of more stringent standards.--In
evaluating the need to employ more stringent standards under
paragraph (1), the head of an agency shall consider available
risk information, such as--
``(A) the status of cybersecurity remedial actions of the
agency;
``(B) any vulnerability information relating to agency
systems that is known to the agency;
``(C) incident information of the agency;
``(D) information from--
``(i) penetration testing performed under section 3559A of
title 44; and
``(ii) information from the vulnerability disclosure
program established under section 3559B of title 44;
``(E) agency threat hunting results under section 5145 of
the Federal Information Security Modernization Act of 2021;
``(F) Federal and non-Federal cyber threat intelligence;
``(G) data on compliance with standards issued under this
section;
``(H) agency system risk assessments performed under
section 3554(a)(1)(A) of title 44; and
``(I) any other information determined relevant by the head
of the agency.'';
(4) in subsection (d)(2)--
(A) in the paragraph heading, by striking ``Notice and
comment'' and inserting ``Consultation, notice, and
comment'';
(B) by inserting ``promulgate,'' before ``significantly
modify''; and
(C) by striking ``shall be made after the public is given
an opportunity to comment on the Director's proposed
decision.'' and inserting ``shall be made--
``(A) for a decision to significantly modify or not
promulgate such a proposed standard, after the public is
given an opportunity to comment on the Director's proposed
decision;
``(B) in consultation with the Chief Information Officers
Council, the Director of the Cybersecurity and Infrastructure
Security Agency, the National Cyber Director, the Comptroller
General of the United States, and the Council of the
Inspectors General on Integrity and Efficiency;
``(C) considering the Federal risk assessments performed
under section 3553(i) of title 44; and
``(D) considering the extent to which the proposed standard
reduces risk relative to the cost of implementation of the
standard.''; and
(5) by adding at the end the following:
``(e) Review of Office of Management and Budget Guidance
and Policy.--
``(1) Conduct of review.--
``(A) In general.--Not less frequently than once every 3
years, the Director of the Office of Management and Budget,
in consultation with the Chief Information Officers Council,
the Director of the Cybersecurity and Infrastructure Security
Agency, the National Cyber Director, the Comptroller General
of the United States, and the Council of the Inspectors
General on Integrity and Efficiency shall review the efficacy
of the guidance and policy promulgated by the Director in
reducing cybersecurity risks, including an assessment of the
requirements for agencies to report information to the
Director, and determine whether any changes to that guidance
or policy is appropriate.
``(B) Federal risk assessments.--In conducting the review
described in subparagraph (A), the Director shall consider
the Federal risk assessments performed under section 3553(i)
of title 44.
``(2) Updated guidance.--Not later than 90 days after the
date on which a review is completed under paragraph (1), the
Director of the Office of Management and Budget shall issue
updated guidance or policy to agencies determined appropriate
by the Director, based on the results of the review.
``(3) Public report.--Not later than 30 days after the date
on which a review is completed under paragraph (1), the
Director of the Office of Management and Budget shall make
publicly available a report that includes--
``(A) an overview of the guidance and policy promulgated
under this section that is currently in effect;
``(B) the cybersecurity risk mitigation, or other
cybersecurity benefit, offered by each guidance or policy
document described in subparagraph (A); and
``(C) a summary of the guidance or policy to which changes
were determined appropriate during the review and what the
changes are anticipated to include.
``(4) Congressional briefing.--Not later than 30 days after
the date on which a review is completed under paragraph (1),
the Director shall provide to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of
Representatives a briefing on the review.
``(f) Automated Standard Implementation Verification.--When
the Director of the National Institute of Standards and
Technology issues a proposed standard pursuant to paragraphs
(2) and (3) of section 20(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3(a)), the
[[Page S8187]]
Director of the National Institute of Standards and
Technology shall consider developing and, if appropriate and
practical, develop, in consultation with the Director of the
Cybersecurity and Infrastructure Security Agency,
specifications to enable the automated verification of the
implementation of the controls within the standard.''.
SEC. 5123. ACTIONS TO ENHANCE FEDERAL INCIDENT RESPONSE.
(a) Responsibilities of the Cybersecurity and
Infrastructure Security Agency.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall--
(A) develop a plan for the development of the analysis
required under section 3597(a) of title 44, United States
Code, as added by this division, and the report required
under subsection (b) of that section that includes--
(i) a description of any challenges the Director
anticipates encountering; and
(ii) the use of automation and machine-readable formats for
collecting, compiling, monitoring, and analyzing data; and
(B) provide to the appropriate congressional committees a
briefing on the plan developed under subparagraph (A).
(2) Briefing.--Not later than 1 year after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall provide to the
appropriate congressional committees a briefing on--
(A) the execution of the plan required under paragraph
(1)(A); and
(B) the development of the report required under section
3597(b) of title 44, United States Code, as added by this
division.
(b) Responsibilities of the Director of the Office of
Management and Budget.--
(1) FISMA.--Section 2 of the Federal Information Security
Modernization Act of 2014 (44 U.S.C. 3554 note) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively.
(2) Incident data sharing.--
(A) In general.--The Director shall develop guidance, to be
updated not less frequently than once every 2 years, on the
content, timeliness, and format of the information provided
by agencies under section 3594(a) of title 44, United States
Code, as added by this division.
(B) Requirements.--The guidance developed under
subparagraph (A) shall--
(i) prioritize the availability of data necessary to
understand and analyze--
(I) the causes of incidents;
(II) the scope and scale of incidents within the
environments and systems of an agency;
(III) a root cause analysis of incidents that--
(aa) are common across the Federal Government; or
(bb) have a Government-wide impact;
(IV) agency response, recovery, and remediation actions and
the effectiveness of those actions; and
(V) the impact of incidents;
(ii) enable the efficient development of--
(I) lessons learned and recommendations in responding to,
recovering from, remediating, and mitigating future
incidents; and
(II) the report on Federal incidents required under section
3597(b) of title 44, United States Code, as added by this
division;
(iii) include requirements for the timeliness of data
production; and
(iv) include requirements for using automation and machine-
readable data for data sharing and availability.
(3) Guidance on responding to information requests.--Not
later than 1 year after the date of enactment of this Act,
the Director shall develop guidance for agencies to implement
the requirement under section 3594(c) of title 44, United
States Code, as added by this division, to provide
information to other agencies experiencing incidents.
(4) Standard guidance and templates.--Not later than 1 year
after the date of enactment of this Act, the Director, in
consultation with the Director of the Cybersecurity and
Infrastructure Security Agency, shall develop guidance and
templates, to be reviewed and, if necessary, updated not less
frequently than once every 2 years, for use by Federal
agencies in the activities required under sections 3592,
3593, and 3596 of title 44, United States Code, as added by
this division.
(5) Contractor and awardee guidance.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Director, in coordination with the
Secretary of Homeland Security, the Secretary of Defense, the
Administrator of General Services, and the heads of other
agencies determined appropriate by the Director, shall issue
guidance to Federal agencies on how to deconflict, to the
greatest extent practicable, existing regulations, policies,
and procedures relating to the responsibilities of
contractors and awardees established under section 3595 of
title 44, United States Code, as added by this division.
(B) Existing processes.--To the greatest extent
practicable, the guidance issued under subparagraph (A) shall
allow contractors and awardees to use existing processes for
notifying Federal agencies of incidents involving information
of the Federal Government.
(6) Updated briefings.--Not less frequently than once every
2 years, the Director shall provide to the appropriate
congressional committees an update on the guidance and
templates developed under paragraphs (2) through (4).
(c) Update to the Privacy Act of 1974.--Section 552a(b) of
title 5, United States Code (commonly known as the ``Privacy
Act of 1974'') is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(13) to another agency in furtherance of a response to an
incident (as defined in section 3552 of title 44) and
pursuant to the information sharing requirements in section
3594 of title 44 if the head of the requesting agency has
made a written request to the agency that maintains the
record specifying the particular portion desired and the
activity for which the record is sought.''.
SEC. 5124. ADDITIONAL GUIDANCE TO AGENCIES ON FISMA UPDATES.
Not later than 1 year after the date of enactment of this
Act, the Director, in coordination with the Director of the
Cybersecurity and Infrastructure Security Agency, shall issue
guidance for agencies on--
(1) performing the ongoing and continuous agency system
risk assessment required under section 3554(a)(1)(A) of title
44, United States Code, as amended by this division;
(2) implementing additional cybersecurity procedures, which
shall include resources for shared services;
(3) establishing a process for providing the status of each
remedial action under section 3554(b)(7) of title 44, United
States Code, as amended by this division, to the Director and
the Cybersecurity and Infrastructure Security Agency using
automation and machine-readable data, as practicable, which
shall include--
(A) specific guidance for the use of automation and
machine-readable data; and
(B) templates for providing the status of the remedial
action;
(4) interpreting the definition of ``high value asset''
under section 3552 of title 44, United States Code, as
amended by this division; and
(5) a requirement to coordinate with inspectors general of
agencies to ensure consistent understanding and application
of agency policies for the purpose of evaluations by
inspectors general.
SEC. 5125. AGENCY REQUIREMENTS TO NOTIFY PRIVATE SECTOR
ENTITIES IMPACTED BY INCIDENTS.
(a) Definitions.--In this section:
(1) Reporting entity.--The term ``reporting entity'' means
private organization or governmental unit that is required by
statute or regulation to submit sensitive information to an
agency.
(2) Sensitive information.--The term ``sensitive
information'' has the meaning given the term by the Director
in guidance issued under subsection (b).
(b) Guidance on Notification of Reporting Entities.--Not
later than 180 days after the date of enactment of this Act,
the Director shall issue guidance requiring the head of each
agency to notify a reporting entity of an incident that is
likely to substantially affect--
(1) the confidentiality or integrity of sensitive
information submitted by the reporting entity to the agency
pursuant to a statutory or regulatory requirement; or
(2) the agency information system or systems used in the
transmission or storage of the sensitive information
described in paragraph (1).
TITLE LII--IMPROVING FEDERAL CYBERSECURITY
SEC. 5141. MOBILE SECURITY STANDARDS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Director shall--
(1) evaluate mobile application security guidance
promulgated by the Director; and
(2) issue guidance to secure mobile devices, including for
mobile applications, for every agency.
(b) Contents.--The guidance issued under subsection (a)(2)
shall include--
(1) a requirement, pursuant to section 3506(b)(4) of title
44, United States Code, for every agency to maintain a
continuous inventory of every--
(A) mobile device operated by or on behalf of the agency;
and
(B) vulnerability identified by the agency associated with
a mobile device; and
(2) a requirement for every agency to perform continuous
evaluation of the vulnerabilities described in paragraph
(1)(B) and other risks associated with the use of
applications on mobile devices.
(c) Information Sharing.--The Director, in coordination
with the Director of the Cybersecurity and Infrastructure
Security Agency, shall issue guidance to agencies for sharing
the inventory of the agency required under subsection (b)(1)
with the Director of the Cybersecurity and Infrastructure
Security Agency, using automation and machine-readable data
to the greatest extent practicable.
(d) Briefing.--Not later than 60 days after the date on
which the Director issues guidance under subsection (a)(2),
the Director, in coordination with the Director of the
Cybersecurity and Infrastructure Security Agency, shall
provide to the appropriate congressional committees a
briefing on the guidance.
[[Page S8188]]
SEC. 5142. DATA AND LOGGING RETENTION FOR INCIDENT RESPONSE.
(a) Recommendations.--Not later than 2 years after the date
of enactment of this Act, and not less frequently than every
2 years thereafter, the Director of the Cybersecurity and
Infrastructure Security Agency, in consultation with the
Attorney General, shall submit to the Director
recommendations on requirements for logging events on agency
systems and retaining other relevant data within the systems
and networks of an agency.
(b) Contents.--The recommendations provided under
subsection (a) shall include--
(1) the types of logs to be maintained;
(2) the time periods to retain the logs and other relevant
data;
(3) the time periods for agencies to enable recommended
logging and security requirements;
(4) how to ensure the confidentiality, integrity, and
availability of logs;
(5) requirements to ensure that, upon request, in a manner
that excludes or otherwise reasonably protects personally
identifiable information, and to the extent permitted by
applicable law (including privacy and statistical laws),
agencies provide logs to--
(A) the Director of the Cybersecurity and Infrastructure
Security Agency for a cybersecurity purpose; and
(B) the Federal Bureau of Investigation to investigate
potential criminal activity; and
(6) requirements to ensure that, subject to compliance with
statistical laws and other relevant data protection
requirements, the highest level security operations center of
each agency has visibility into all agency logs.
(c) Guidance.--Not later than 90 days after receiving the
recommendations submitted under subsection (a), the Director,
in consultation with the Director of the Cybersecurity and
Infrastructure Security Agency and the Attorney General,
shall, as determined to be appropriate by the Director,
update guidance to agencies regarding requirements for
logging, log retention, log management, sharing of log data
with other appropriate agencies, or any other logging
activity determined to be appropriate by the Director.
SEC. 5143. CISA AGENCY ADVISORS.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall assign not less than 1
cybersecurity professional employed by the Cybersecurity and
Infrastructure Security Agency to be the Cybersecurity and
Infrastructure Security Agency advisor to the senior agency
information security officer of each agency.
(b) Qualifications.--Each advisor assigned under subsection
(a) shall have knowledge of--
(1) cybersecurity threats facing agencies, including any
specific threats to the assigned agency;
(2) performing risk assessments of agency systems; and
(3) other Federal cybersecurity initiatives.
(c) Duties.--The duties of each advisor assigned under
subsection (a) shall include--
(1) providing ongoing assistance and advice, as requested,
to the agency Chief Information Officer;
(2) serving as an incident response point of contact
between the assigned agency and the Cybersecurity and
Infrastructure Security Agency; and
(3) familiarizing themselves with agency systems,
processes, and procedures to better facilitate support to the
agency in responding to incidents.
(d) Limitation.--An advisor assigned under subsection (a)
shall not be a contractor.
(e) Multiple Assignments.--One individual advisor may be
assigned to multiple agency Chief Information Officers under
subsection (a).
SEC. 5144. FEDERAL PENETRATION TESTING POLICY.
(a) In General.--Subchapter II of chapter 35 of title 44,
United States Code, is amended by adding at the end the
following:
``Sec. 3559A. Federal penetration testing
``(a) Definitions.--In this section:
``(1) Agency operational plan.--The term `agency
operational plan' means a plan of an agency for the use of
penetration testing.
``(2) Rules of engagement.--The term `rules of engagement'
means a set of rules established by an agency for the use of
penetration testing.
``(b) Guidance.--
``(1) In general.--The Director shall issue guidance that--
``(A) requires agencies to use, when and where appropriate,
penetration testing on agency systems; and
``(B) requires agencies to develop an agency operational
plan and rules of engagement that meet the requirements under
subsection (c).
``(2) Penetration testing guidance.--The guidance issued
under this section shall--
``(A) permit an agency to use, for the purpose of
performing penetration testing--
``(i) a shared service of the agency or another agency; or
``(ii) an external entity, such as a vendor; and
``(B) require agencies to provide the rules of engagement
and results of penetration testing to the Director and the
Director of the Cybersecurity and Infrastructure Security
Agency, without regard to the status of the entity that
performs the penetration testing.
``(c) Agency Plans and Rules of Engagement.--The agency
operational plan and rules of engagement of an agency shall--
``(1) require the agency to--
``(A) perform penetration testing on the high value assets
of the agency; or
``(B) coordinate with the Director of the Cybersecurity and
Infrastructure Security Agency to ensure that penetration
testing is being performed;
``(2) establish guidelines for avoiding, as a result of
penetration testing--
``(A) adverse impacts to the operations of the agency;
``(B) adverse impacts to operational environments and
systems of the agency; and
``(C) inappropriate access to data;
``(3) require the results of penetration testing to include
feedback to improve the cybersecurity of the agency; and
``(4) include mechanisms for providing consistently
formatted, and, if applicable, automated and machine-
readable, data to the Director and the Director of the
Cybersecurity and Infrastructure Security Agency.
``(d) Responsibilities of CISA.--The Director of the
Cybersecurity and Infrastructure Security Agency shall--
``(1) establish a process to assess the performance of
penetration testing by both Federal and non-Federal entities
that establishes minimum quality controls for penetration
testing;
``(2) develop operational guidance for instituting
penetration testing programs at agencies;
``(3) develop and maintain a centralized capability to
offer penetration testing as a service to Federal and non-
Federal entities; and
``(4) provide guidance to agencies on the best use of
penetration testing resources.
``(e) Responsibilities of OMB.--The Director, in
coordination with the Director of the Cybersecurity and
Infrastructure Security Agency, shall--
``(1) not less frequently than annually, inventory all
Federal penetration testing assets; and
``(2) develop and maintain a standardized process for the
use of penetration testing.
``(f) Prioritization of Penetration Testing Resources.--
``(1) In general.--The Director, in coordination with the
Director of the Cybersecurity and Infrastructure Security
Agency, shall develop a framework for prioritizing Federal
penetration testing resources among agencies.
``(2) Considerations.--In developing the framework under
this subsection, the Director shall consider--
``(A) agency system risk assessments performed under
section 3554(a)(1)(A);
``(B) the Federal risk assessment performed under section
3553(i);
``(C) the analysis of Federal incident data performed under
section 3597; and
``(D) any other information determined appropriate by the
Director or the Director of the Cybersecurity and
Infrastructure Security Agency.
``(g) Exception for National Security Systems.--The
guidance issued under subsection (b) shall not apply to
national security systems.
``(h) Delegation of Authority for Certain Systems.--The
authorities of the Director described in subsection (b) shall
be delegated--
``(1) to the Secretary of Defense in the case of systems
described in section 3553(e)(2); and
``(2) to the Director of National Intelligence in the case
of systems described in 3553(e)(3).''.
(b) Deadline for Guidance.--Not later than 180 days after
the date of enactment of this Act, the Director shall issue
the guidance required under section 3559A(b) of title 44,
United States Code, as added by subsection (a).
(c) Clerical Amendment.--The table of sections for chapter
35 of title 44, United States Code, is amended by adding
after the item relating to section 3559 the following:
``3559A. Federal penetration testing.''.
(d) Penetration Testing by the Secretary of Homeland
Security.--Section 3553(b) of title 44, United States Code,
as amended by section 5121, is further amended--
(1) in paragraph (8)(B), by striking ``and'' at the end;
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following:
``(9) performing penetration testing with or without
advance notice to, or authorization from, agencies, to
identify vulnerabilities within Federal information systems;
and''.
SEC. 5145. ONGOING THREAT HUNTING PROGRAM.
(a) Threat Hunting Program.--
(1) In general.--Not later than 540 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall establish a program to
provide ongoing, hypothesis-driven threat-hunting services on
the network of each agency.
(2) Plan.--Not later than 180 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall develop a plan to
establish the program required under paragraph (1) that
describes how the Director of the Cybersecurity and
Infrastructure Security Agency plans to--
(A) determine the method for collecting, storing,
accessing, and analyzing appropriate agency data;
[[Page S8189]]
(B) provide on-premises support to agencies;
(C) staff threat hunting services;
(D) allocate available human and financial resources to
implement the plan; and
(E) provide input to the heads of agencies on the use of--
(i) more stringent standards under section 11331(c)(1) of
title 40, United States Code; and
(ii) additional cybersecurity procedures under section 3554
of title 44, United States Code.
(b) Reports.--The Director of the Cybersecurity and
Infrastructure Security Agency shall submit to the
appropriate congressional committees--
(1) not later than 30 days after the date on which the
Director of the Cybersecurity and Infrastructure Security
Agency completes the plan required under subsection (a)(2), a
report on the plan to provide threat hunting services to
agencies;
(2) not less than 30 days before the date on which the
Director of the Cybersecurity and Infrastructure Security
Agency begins providing threat hunting services under the
program under subsection (a)(1), a report providing any
updates to the plan developed under subsection (a)(2); and
(3) not later than 1 year after the date on which the
Director of the Cybersecurity and Infrastructure Security
Agency begins providing threat hunting services to agencies
other than the Cybersecurity and Infrastructure Security
Agency, a report describing lessons learned from providing
those services.
SEC. 5146. CODIFYING VULNERABILITY DISCLOSURE PROGRAMS.
(a) In General.--Chapter 35 of title 44, United States
Code, is amended by inserting after section 3559A, as added
by section 5144 of this division, the following:
``Sec. 3559B. Federal vulnerability disclosure programs
``(a) Definitions.--In this section:
``(1) Report.--The term `report' means a vulnerability
disclosure made to an agency by a reporter.
``(2) Reporter.--The term `reporter' means an individual
that submits a vulnerability report pursuant to the
vulnerability disclosure process of an agency.
``(b) Responsibilities of OMB.--
``(1) Limitation on legal action.--The Director, in
consultation with the Attorney General, shall issue guidance
to agencies to not recommend or pursue legal action against a
reporter or an individual that conducts a security research
activity that the head of the agency determines--
``(A) represents a good faith effort to follow the
vulnerability disclosure policy of the agency developed under
subsection (d)(2); and
``(B) is authorized under the vulnerability disclosure
policy of the agency developed under subsection (d)(2).
``(2) Sharing information with cisa.--The Director, in
coordination with the Director of the Cybersecurity and
Infrastructure Security Agency and in consultation with the
National Cyber Director, shall issue guidance to agencies on
sharing relevant information in a consistent, automated, and
machine readable manner with the Cybersecurity and
Infrastructure Security Agency, including--
``(A) any valid or credible reports of newly discovered or
not publicly known vulnerabilities (including
misconfigurations) on Federal information systems that use
commercial software or services;
``(B) information relating to vulnerability disclosure,
coordination, or remediation activities of an agency,
particularly as those activities relate to outside
organizations--
``(i) with which the head of the agency believes the
Director of the Cybersecurity and Infrastructure Security
Agency can assist; or
``(ii) about which the head of the agency believes the
Director of the Cybersecurity and Infrastructure Security
Agency should know; and
``(C) any other information with respect to which the head
of the agency determines helpful or necessary to involve the
Cybersecurity and Infrastructure Security Agency.
``(3) Agency vulnerability disclosure policies.--The
Director shall issue guidance to agencies on the required
minimum scope of agency systems covered by the vulnerability
disclosure policy of an agency required under subsection
(d)(2).
``(c) Responsibilities of CISA.--The Director of the
Cybersecurity and Infrastructure Security Agency shall--
``(1) provide support to agencies with respect to the
implementation of the requirements of this section;
``(2) develop tools, processes, and other mechanisms
determined appropriate to offer agencies capabilities to
implement the requirements of this section; and
``(3) upon a request by an agency, assist the agency in the
disclosure to vendors of newly identified vulnerabilities in
vendor products and services.
``(d) Responsibilities of Agencies.--
``(1) Public information.--The head of each agency shall
make publicly available, with respect to each internet domain
under the control of the agency that is not a national
security system--
``(A) an appropriate security contact; and
``(B) the component of the agency that is responsible for
the internet accessible services offered at the domain.
``(2) Vulnerability disclosure policy.--The head of each
agency shall develop and make publicly available a
vulnerability disclosure policy for the agency, which shall--
``(A) describe--
``(i) the scope of the systems of the agency included in
the vulnerability disclosure policy;
``(ii) the type of information system testing that is
authorized by the agency;
``(iii) the type of information system testing that is not
authorized by the agency; and
``(iv) the disclosure policy of the agency for sensitive
information;
``(B) with respect to a report to an agency, describe--
``(i) how the reporter should submit the report; and
``(ii) if the report is not anonymous, when the reporter
should anticipate an acknowledgment of receipt of the report
by the agency;
``(C) include any other relevant information; and
``(D) be mature in scope, to cover all Federal information
systems used or operated by that agency or on behalf of that
agency.
``(3) Identified vulnerabilities.--The head of each agency
shall incorporate any vulnerabilities reported under
paragraph (2) into the vulnerability management process of
the agency in order to track and remediate the vulnerability.
``(e) Paperwork Reduction Act Exemption.--The requirements
of subchapter I (commonly known as the `Paperwork Reduction
Act') shall not apply to a vulnerability disclosure program
established under this section.
``(f) Congressional Reporting.--Not later than 90 days
after the date of enactment of the Federal Information
Security Modernization Act of 2021, and annually thereafter
for a 3-year period, the Director shall provide to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Reform of the
House of Representatives a briefing on the status of the use
of vulnerability disclosure policies under this section at
agencies, including, with respect to the guidance issued
under subsection (b)(3), an identification of the agencies
that are compliant and not compliant.
``(g) Exemptions.--The authorities and functions of the
Director and Director of the Cybersecurity and Infrastructure
Security Agency under this section shall not apply to
national security systems.
``(h) Delegation of Authority for Certain Systems.--The
authorities of the Director and the Director of the
Cybersecurity and Infrastructure Security Agency described in
this section shall be delegated--
``(1) to the Secretary of Defense in the case of systems
described in section 3553(e)(2); and
``(2) to the Director of National Intelligence in the case
of systems described in section 3553(e)(3).''.
(b) Clerical Amendment.--The table of sections for chapter
35 of title 44, United States Code, is amended by adding
after the item relating to section 3559A, as added by section
204, the following:
``3559B. Federal vulnerability disclosure programs.''.
SEC. 5147. IMPLEMENTING PRESUMPTION OF COMPROMISE AND LEAST
PRIVILEGE PRINCIPLES.
(a) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Director shall provide an update
to the appropriate congressional committees on progress in
increasing the internal defenses of agency systems,
including--
(1) shifting away from ``trusted networks'' to implement
security controls based on a presumption of compromise;
(2) implementing principles of least privilege in
administering information security programs;
(3) limiting the ability of entities that cause incidents
to move laterally through or between agency systems;
(4) identifying incidents quickly;
(5) isolating and removing unauthorized entities from
agency systems quickly;
(6) otherwise increasing the resource costs for entities
that cause incidents to be successful; and
(7) a summary of the agency progress reports required under
subsection (b).
(b) Agency Progress Reports.--Not later than 1 year after
the date of enactment of this Act, the head of each agency
shall submit to the Director a progress report on
implementing an information security program based on the
presumption of compromise and least privilege principles,
which shall include--
(1) a description of any steps the agency has completed,
including progress toward achieving requirements issued by
the Director;
(2) an identification of activities that have not yet been
completed and that would have the most immediate security
impact; and
(3) a schedule to implement any planned activities.
SEC. 5148. AUTOMATION REPORTS.
(a) OMB Report.--Not later than 180 days after the date of
enactment of this Act, the Director shall submit to the
appropriate congressional committees a report on the use of
automation under paragraphs (1), (5)(C) and (8)(B) of section
3554(b) of title 44, United States Code.
(b) GAO Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall perform a study on the use of automation and
machine readable data across the Federal Government for
cybersecurity purposes, including the automated updating of
[[Page S8190]]
cybersecurity tools, sensors, or processes by agencies.
SEC. 5149. EXTENSION OF FEDERAL ACQUISITION SECURITY COUNCIL.
Section 1328 of title 41, United States Code, is amended by
striking ``the date that'' and all that follows and inserting
``December 31, 2026.''.
SEC. 5150. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY DASHBOARD.
(a) Dashboard Required.--Section 11(e)(2) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) that shall include a dashboard of open information
security recommendations identified in the independent
evaluations required by section 3555(a) of title 44, United
States Code; and''.
SEC. 5151. QUANTITATIVE CYBERSECURITY METRICS.
(a) Definition of Covered Metrics.--In this section, the
term ``covered metrics'' means the metrics established,
reviewed, and updated under section 224(c) of the
Cybersecurity Act of 2015 (6 U.S.C. 1522(c)).
(b) Updating and Establishing Metrics.--Not later than 1
year after the date of enactment of this Act, the Director of
the Cybersecurity and Infrastructure Security Agency, in
coordination with the Director, shall--
(1) evaluate any covered metrics established as of the date
of enactment of this Act; and
(2) as appropriate and pursuant to section 224(c) of the
Cybersecurity Act of 2015 (6 U.S.C. 1522(c))--
(A) update the covered metrics; and
(B) establish new covered metrics.
(c) Implementation.--
(1) In general.--Not later than 540 days after the date of
enactment of this Act, the Director, in coordination with the
Director of the Cybersecurity and Infrastructure Security
Agency, shall promulgate guidance that requires each agency
to use covered metrics to track trends in the cybersecurity
and incident response capabilities of the agency.
(2) Performance demonstration.--The guidance issued under
paragraph (1) and any subsequent guidance shall require
agencies to share with the Director of the Cybersecurity and
Infrastructure Security Agency data demonstrating the
performance of the agency using the covered metrics included
in the guidance.
(3) Penetration tests.--On not less than 2 occasions during
the 2-year period following the date on which guidance is
promulgated under paragraph (1), the Director shall ensure
that not less than 3 agencies are subjected to substantially
similar penetration tests, as determined by the Director, in
coordination with the Director of the Cybersecurity and
Infrastructure Security Agency, in order to validate the
utility of the covered metrics.
(4) Analysis capacity.--The Director of the Cybersecurity
and Infrastructure Security Agency shall develop a capability
that allows for the analysis of the covered metrics,
including cross-agency performance of agency cybersecurity
and incident response capability trends.
(d) Congressional Reports.--
(1) Utility of metrics.--Not later than 1 year after the
date of enactment of this Act, the Director of the
Cybersecurity and Infrastructure Security Agency shall submit
to the appropriate congressional committees a report on the
utility of the covered metrics.
(2) Use of metrics.--Not later than 180 days after the date
on which the Director promulgates guidance under subsection
(c)(1), the Director shall submit to the appropriate
congressional committees a report on the results of the use
of the covered metrics by agencies.
(e) Cybersecurity Act of 2015 Updates.--Section 224 of the
Cybersecurity Act of 2015 (6 U.S.C. 1522) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Improved Metrics.--
``(1) In general.--The Director of the Cybersecurity and
Infrastructure Security Agency, in coordination with the
Director, shall establish, review, and update metrics to
measure the cybersecurity and incident response capabilities
of agencies in accordance with the responsibilities of
agencies under section 3554 of title 44, United States Code.
``(2) Qualities.--With respect to the metrics established,
reviewed, and updated under paragraph (1)--
``(A) not less than 2 of the metrics shall be time-based,
such as a metric of--
``(i) the amount of time it takes for an agency to detect
an incident; and
``(ii) the amount of time that passes between--
``(I) the detection of an incident and the remediation of
the incident; and
``(II) the remediation of an incident and the recovery from
the incident; and
``(B) the metrics may include other measurable outcomes.'';
(2) by striking subsection (e); and
(3) by redesignating subsection (f) as subsection (e).
TITLE LIII--RISK-BASED BUDGET MODEL
SEC. 5161. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate;
and
(B) the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives.
(2) Covered agency.--The term ``covered agency'' has the
meaning given the term ``executive agency'' in section 133 of
title 41, United States Code.
(3) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(4) Information technology.--The term ``information
technology''--
(A) has the meaning given the term in section 11101 of
title 40, United States Code; and
(B) includes the hardware and software systems of a Federal
agency that monitor and control physical equipment and
processes of the Federal agency.
(5) Risk-based budget.--The term ``risk-based budget''
means a budget--
(A) developed by identifying and prioritizing cybersecurity
risks and vulnerabilities, including impact on agency
operations in the case of a cyber attack, through analysis of
cyber threat intelligence, incident data, and tactics,
techniques, procedures, and capabilities of cyber threats;
and
(B) that allocates resources based on the risks identified
and prioritized under subparagraph (A).
SEC. 5162. ESTABLISHMENT OF RISK-BASED BUDGET MODEL.
(a) In General.--
(1) Model.--Not later than 1 year after the first
publication of the budget submitted by the President under
section 1105 of title 31, United States Code, following the
date of enactment of this Act, the Director, in consultation
with the Director of the Cybersecurity and Infrastructure
Security Agency and the National Cyber Director and in
coordination with the Director of the National Institute of
Standards and Technology, shall develop a standard model for
creating a risk-based budget for cybersecurity spending.
(2) Responsibility of director.--Section 3553(a) of title
44, United States Code, as amended by section 5121 of this
division, is further amended by inserting after paragraph (6)
the following:
``(7) developing a standard risk-based budget model to
inform Federal agency cybersecurity budget development;
and''.
(3) Contents of model.--The model required to be developed
under paragraph (1) shall--
(A) consider Federal and non-Federal cyber threat
intelligence products, where available, to identify threats,
vulnerabilities, and risks;
(B) consider the impact of agency operations of compromise
of systems, including the interconnectivity to other agency
systems and the operations of other agencies;
(C) indicate where resources should be allocated to have
the greatest impact on mitigating current and future threats
and current and future cybersecurity capabilities;
(D) be used to inform acquisition and sustainment of--
(i) information technology and cybersecurity tools;
(ii) information technology and cybersecurity
architectures;
(iii) information technology and cybersecurity personnel;
and
(iv) cybersecurity and information technology concepts of
operations; and
(E) be used to evaluate and inform Government-wide
cybersecurity programs of the Department of Homeland
Security.
(4) Required updates.--Not less frequently than once every
3 years, the Director shall review, and update as necessary,
the model required to be developed under this subsection.
(5) Publication.--The Director shall publish the model
required to be developed under this subsection, and any
updates necessary under paragraph (4), on the public website
of the Office of Management and Budget.
(6) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for each of
the 2 following fiscal years or until the date on which the
model required to be developed under this subsection is
completed, whichever is sooner, the Director shall submit a
report to Congress on the development of the model.
(b) Required Use of Risk-based Budget Model.--
(1) In general.--Not later than 2 years after the date on
which the model developed under subsection (a) is published,
the head of each covered agency shall use the model to
develop the annual cybersecurity and information technology
budget requests of the agency.
(2) Agency performance plans.--Section 3554(d)(2) of title
44, United States Code, is amended by inserting ``and the
risk-based budget model required under section 3553(a)(7)''
after ``paragraph (1)''.
(c) Verification.--
(1) In general.--Section 1105(a)(35)(A)(i) of title 31,
United States Code, is amended--
(A) in the matter preceding subclause (I), by striking ``by
agency, and by initiative area (as determined by the
administration)'' and inserting ``and by agency'';
(B) in subclause (III), by striking ``and'' at the end; and
(C) by adding at the end the following:
[[Page S8191]]
``(V) a validation that the budgets submitted were
developed using a risk-based methodology; and
``(VI) a report on the progress of each agency on closing
recommendations identified under the independent evaluation
required by section 3555(a)(1) of title 44.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 2 years after the date
on which the model developed under subsection (a) is
published.
(d) Reports.--
(1) Independent evaluation.--Section 3555(a)(2) of title
44, United States Code, is amended--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) an assessment of how the agency implemented the risk-
based budget model required under section 3553(a)(7) and an
evaluation of whether the model mitigates agency cyber
vulnerabilities.''.
(2) Assessment.--Section 3553(c) of title 44, United States
Code, as amended by section 5121, is further amended by
inserting after paragraph (5) the following:
``(6) an assessment of--
``(A) Federal agency implementation of the model required
under subsection (a)(7);
``(B) how cyber vulnerabilities of Federal agencies changed
from the previous year; and
``(C) whether the model mitigates the cyber vulnerabilities
of the Federal Government.''.
(e) GAO Report.--Not later than 3 years after the date on
which the first budget of the President is submitted to
Congress containing the validation required under section
1105(a)(35)(A)(i)(V) of title 31, United States Code, as
amended by subsection (c), the Comptroller General of the
United States shall submit to the appropriate congressional
committees a report that includes--
(1) an evaluation of the success of covered agencies in
developing risk-based budgets;
(2) an evaluation of the success of covered agencies in
implementing risk-based budgets;
(3) an evaluation of whether the risk-based budgets
developed by covered agencies mitigate cyber vulnerability,
including the extent to which the risk-based budgets inform
Federal Government-wide cybersecurity programs; and
(4) any other information relating to risk-based budgets
the Comptroller General determines appropriate.
TITLE LIV--PILOT PROGRAMS TO ENHANCE FEDERAL CYBERSECURITY
SEC. 5181. ACTIVE CYBER DEFENSIVE STUDY.
(a) Definition.--In this section, the term ``active defense
technique''--
(1) means an action taken on the systems of an entity to
increase the security of information on the network of an
agency by misleading an adversary; and
(2) includes a honeypot, deception, or purposefully feeding
false or misleading data to an adversary when the adversary
is on the systems of the entity.
(b) Study.--Not later than 180 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency, in coordination with the
Director, shall perform a study on the use of active defense
techniques to enhance the security of agencies, which shall
include--
(1) a review of legal restrictions on the use of different
active cyber defense techniques in Federal environments, in
consultation with the Department of Justice;
(2) an evaluation of--
(A) the efficacy of a selection of active defense
techniques determined by the Director of the Cybersecurity
and Infrastructure Security Agency; and
(B) factors that impact the efficacy of the active defense
techniques evaluated under subparagraph (A);
(3) recommendations on safeguards and procedures that shall
be established to require that active defense techniques are
adequately coordinated to ensure that active defense
techniques do not impede threat response efforts, criminal
investigations, and national security activities, including
intelligence collection; and
(4) the development of a framework for the use of different
active defense techniques by agencies.
SEC. 5182. SECURITY OPERATIONS CENTER AS A SERVICE PILOT.
(a) Purpose.--The purpose of this section is for the
Cybersecurity and Infrastructure Security Agency to run a
security operation center on behalf of another agency,
alleviating the need to duplicate this function at every
agency, and empowering a greater centralized cybersecurity
capability.
(b) Plan.--Not later than 1 year after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall develop a plan to
establish a centralized Federal security operations center
shared service offering within the Cybersecurity and
Infrastructure Security Agency.
(c) Contents.--The plan required under subsection (b) shall
include considerations for--
(1) collecting, organizing, and analyzing agency
information system data in real time;
(2) staffing and resources; and
(3) appropriate interagency agreements, concepts of
operations, and governance plans.
(d) Pilot Program.--
(1) In general.--Not later than 180 days after the date on
which the plan required under subsection (b) is developed,
the Director of the Cybersecurity and Infrastructure Security
Agency, in consultation with the Director, shall enter into a
1-year agreement with not less than 2 agencies to offer a
security operations center as a shared service.
(2) Additional agreements.--After the date on which the
briefing required under subsection (e)(1) is provided, the
Director of the Cybersecurity and Infrastructure Security
Agency, in consultation with the Director, may enter into
additional 1-year agreements described in paragraph (1) with
agencies.
(e) Briefing and Report.--
(1) Briefing.--Not later than 260 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall provide to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security and the Committee on
Oversight and Reform of the House of Representatives a
briefing on the parameters of any 1-year agreements entered
into under subsection (d)(1).
(2) Report.--Not later than 90 days after the date on which
the first 1-year agreement entered into under subsection (d)
expires, the Director of the Cybersecurity and Infrastructure
Security Agency shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security and the Committee on Oversight
and Reform of the House of Representatives a report on--
(A) the agreement; and
(B) any additional agreements entered into with agencies
under subsection (d).
DIVISION F--CYBER INCIDENT REPORTING ACT OF 2021 AND CISA TECHNICAL
CORRECTIONS AND IMPROVEMENTS ACT OF 2021
TITLE LXI--CYBER INCIDENT REPORTING ACT OF 2021
SEC. 6101. SHORT TITLE.
This title may be cited as the ``Cyber Incident Reporting
Act of 2021''.
SEC. 6102. DEFINITIONS.
In this title:
(1) Covered cyber incident; covered entity; cyber
incident.--The terms ``covered cyber incident'', ``covered
entity'', and ``cyber incident'' have the meanings given
those terms in section 2230 of the Homeland Security Act of
2002, as added by section 6103 of this title.
(2) Director.--The term ``Director'' means the Director of
the Cybersecurity and Infrastructure Security Agency.
(3) Information system; ransom payment; ransomware attack;
security vulnerability.--The terms ``information system'',
``ransom payment'', ``ransomware attack'', and ``security
vulnerability'' have the meanings given those terms in
section 2200 of the Homeland Security Act of 2002, as added
by section 6203 of this division.
SEC. 6103. CYBER INCIDENT REPORTING.
(a) Cyber Incident Reporting.--Title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
(1) in section 2209(b) (6 U.S.C. 659(b)), as so
redesignated by section 6203(b) of this division--
(A) in paragraph (11), by striking ``and'' at the end;
(B) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(13) receiving, aggregating, and analyzing reports
related to covered cyber incidents (as defined in section
2230) submitted by covered entities (as defined in section
2230) and reports related to ransom payments submitted by
entities in furtherance of the activities specified in
sections 2202(e), 2203, and 2231, this subsection, and any
other authorized activity of the Director, to enhance the
situational awareness of cybersecurity threats across
critical infrastructure sectors.''; and
(2) by adding at the end the following:
``Subtitle C--Cyber Incident Reporting
``SEC. 2230. DEFINITIONS.
``In this subtitle:
``(1) Center.--The term `Center' means the center
established under section 2209.
``(2) Council.--The term `Council' means the Cyber Incident
Reporting Council described in section 1752(c)(1)(H) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (6 U.S.C. 1500(c)(1)(H)).
``(3) Covered cyber incident.--The term `covered cyber
incident' means a substantial cyber incident experienced by a
covered entity that satisfies the definition and criteria
established by the Director in the final rule issued pursuant
to section 2232(b).
``(4) Covered entity.--The term `covered entity' means--
``(A) any Federal contractor; or
``(B) an entity that owns or operates critical
infrastructure that satisfies the definition established by
the Director in the final rule issued pursuant to section
2232(b).
``(5) Cyber incident.--The term `cyber incident' has the
meaning given the term `incident' in section 2200.
``(6) Cyber threat.--The term `cyber threat'--
``(A) has the meaning given the term `cybersecurity threat'
in section 2200; and
``(B) does not include any activity related to good faith
security research, including
[[Page S8192]]
participation in a bug-bounty program or a vulnerability
disclosure program.
``(7) Federal contractor.--The term `Federal contractor'
means a business, nonprofit organization, or other private
sector entity that holds a Federal Government contract or
subcontract at any tier, grant, cooperative agreement, or
other transaction agreement, unless that entity is a party
only to--
``(A) a service contract to provide housekeeping or
custodial services; or
``(B) a contract to provide products or services unrelated
to information technology that is below the micro-purchase
threshold, as defined in section 2.101 of title 48, Code of
Federal Regulations, or any successor regulation.
``(8) Federal entity; information system; security
control.--The terms `Federal entity', `information system',
and `security control' have the meanings given those terms in
section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).
``(9) Significant cyber incident.--The term `significant
cyber incident' means a cybersecurity incident, or a group of
related cybersecurity incidents, that the Secretary
determines is likely to result in demonstrable harm to the
national security interests, foreign relations, or economy of
the United States or to the public confidence, civil
liberties, or public health and safety of the people of the
United States.
``(10) Small organization.--The term `small organization'--
``(A) means--
``(i) a small business concern, as defined in section 3 of
the Small Business Act (15 U.S.C. 632); or
``(ii) any nonprofit organization, including faith-based
organizations and houses of worship, or other private sector
entity with fewer than 200 employees (determined on a full-
time equivalent basis); and
``(B) does not include--
``(i) a business, nonprofit organization, or other private
sector entity that is a covered entity; or
``(ii) a Federal contractor.
``SEC. 2231. CYBER INCIDENT REVIEW.
``(a) Activities.--The Center shall--
``(1) receive, aggregate, analyze, and secure, using
processes consistent with the processes developed pursuant to
the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501 et seq.) reports from covered entities related to a
covered cyber incident to assess the effectiveness of
security controls, identify tactics, techniques, and
procedures adversaries use to overcome those controls and
other cybersecurity purposes, including to support law
enforcement investigations, to assess potential impact of
incidents on public health and safety, and to have a more
accurate picture of the cyber threat to critical
infrastructure and the people of the United States;
``(2) receive, aggregate, analyze, and secure reports to
lead the identification of tactics, techniques, and
procedures used to perpetuate cyber incidents and ransomware
attacks;
``(3) coordinate and share information with appropriate
Federal departments and agencies to identify and track ransom
payments, including those utilizing virtual currencies;
``(4) leverage information gathered about cybersecurity
incidents to--
``(A) enhance the quality and effectiveness of information
sharing and coordination efforts with appropriate entities,
including agencies, sector coordinating councils, information
sharing and analysis organizations, technology providers,
critical infrastructure owners and operators, cybersecurity
and incident response firms, and security researchers; and
``(B) provide appropriate entities, including agencies,
sector coordinating councils, information sharing and
analysis organizations, technology providers, cybersecurity
and incident response firms, and security researchers, with
timely, actionable, and anonymized reports of cyber incident
campaigns and trends, including, to the maximum extent
practicable, related contextual information, cyber threat
indicators, and defensive measures, pursuant to section 2235;
``(5) establish mechanisms to receive feedback from
stakeholders on how the Agency can most effectively receive
covered cyber incident reports, ransom payment reports, and
other voluntarily provided information;
``(6) facilitate the timely sharing, on a voluntary basis,
between relevant critical infrastructure owners and operators
of information relating to covered cyber incidents and ransom
payments, particularly with respect to ongoing cyber threats
or security vulnerabilities and identify and disseminate ways
to prevent or mitigate similar incidents in the future;
``(7) for a covered cyber incident, including a ransomware
attack, that also satisfies the definition of a significant
cyber incident, or is part of a group of related cyber
incidents that together satisfy such definition, conduct a
review of the details surrounding the covered cyber incident
or group of those incidents and identify and disseminate ways
to prevent or mitigate similar incidents in the future;
``(8) with respect to covered cyber incident reports under
section 2232(a) and 2233 involving an ongoing cyber threat or
security vulnerability, immediately review those reports for
cyber threat indicators that can be anonymized and
disseminated, with defensive measures, to appropriate
stakeholders, in coordination with other divisions within the
Agency, as appropriate;
``(9) publish quarterly unclassified, public reports that
may be based on the unclassified information contained in the
briefings required under subsection (c);
``(10) proactively identify opportunities and perform
analyses, consistent with the protections in section 2235, to
leverage and utilize data on ransomware attacks to support
law enforcement operations to identify, track, and seize
ransom payments utilizing virtual currencies, to the greatest
extent practicable;
``(11) proactively identify opportunities, consistent with
the protections in section 2235, to leverage and utilize data
on cyber incidents in a manner that enables and strengthens
cybersecurity research carried out by academic institutions
and other private sector organizations, to the greatest
extent practicable;
``(12) on a not less frequently than annual basis, analyze
public disclosures made pursuant to parts 229 and 249 of
title 17, Code of Federal Regulations, or any subsequent
document submitted to the Securities and Exchange Commission
by entities experiencing cyber incidents and compare such
disclosures to reports received by the Center; and
``(13) in accordance with section 2235 and subsection (b)
of this section, as soon as possible but not later than 24
hours after receiving a covered cyber incident report, ransom
payment report, voluntarily submitted information pursuant to
section 2233, or information received pursuant to a request
for information or subpoena under section 2234, make
available the information to appropriate Sector Risk
Management Agencies and other appropriate Federal agencies.
``(b) Interagency Sharing.--The National Cyber Director, in
consultation with the Director and the Director of the Office
of Management and Budget--
``(1) may establish a specific time requirement for sharing
information under subsection (a)(13); and
``(2) shall determine the appropriate Federal agencies
under subsection (a)(13).
``(c) Periodic Briefing.--Not later than 60 days after the
effective date of the final rule required under section
2232(b), and on the first day of each month thereafter, the
Director, in consultation with the National Cyber Director,
the Attorney General, and the Director of National
Intelligence, shall provide to the majority leader of the
Senate, the minority leader of the Senate, the Speaker of the
House of Representatives, the minority leader of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives a briefing
that characterizes the national cyber threat landscape,
including the threat facing Federal agencies and covered
entities, and applicable intelligence and law enforcement
information, covered cyber incidents, and ransomware attacks,
as of the date of the briefing, which shall--
``(1) include the total number of reports submitted under
sections 2232 and 2233 during the preceding month, including
a breakdown of required and voluntary reports;
``(2) include any identified trends in covered cyber
incidents and ransomware attacks over the course of the
preceding month and as compared to previous reports,
including any trends related to the information collected in
the reports submitted under sections 2232 and 2233,
including--
``(A) the infrastructure, tactics, and techniques malicious
cyber actors commonly use; and
``(B) intelligence gaps that have impeded, or currently are
impeding, the ability to counter covered cyber incidents and
ransomware threats;
``(3) include a summary of the known uses of the
information in reports submitted under sections 2232 and
2233; and
``(4) be unclassified, but may include a classified annex.
``SEC. 2232. REQUIRED REPORTING OF CERTAIN CYBER INCIDENTS.
``(a) In General.--
``(1) Covered cyber incident reports.--A covered entity
that is a victim of a covered cyber incident shall report the
covered cyber incident to the Director not later than 72
hours after the covered entity reasonably believes that the
covered cyber incident has occurred.
``(2) Ransom payment reports.--An entity, including a
covered entity and except for an individual or a small
organization, that makes a ransom payment as the result of a
ransomware attack against the entity shall report the payment
to the Director not later than 24 hours after the ransom
payment has been made.
``(3) Supplemental reports.--A covered entity shall
promptly submit to the Director an update or supplement to a
previously submitted covered cyber incident report if new or
different information becomes available or if the covered
entity makes a ransom payment after submitting a covered
cyber incident report required under paragraph (1).
``(4) Preservation of information.--Any entity subject to
requirements of paragraph (1), (2), or (3) shall preserve
data relevant to the covered cyber incident or ransom payment
in accordance with procedures established in the final rule
issued pursuant to subsection (b).
``(5) Exceptions.--
``(A) Reporting of covered cyber incident with ransom
payment.--If a covered cyber incident includes a ransom
payment such that the reporting requirements under
[[Page S8193]]
paragraphs (1) and (2) apply, the covered entity may submit a
single report to satisfy the requirements of both paragraphs
in accordance with procedures established in the final rule
issued pursuant to subsection (b).
``(B) Substantially similar reported information.--The
requirements under paragraphs (1), (2), and (3) shall not
apply to an entity required by law, regulation, or contract
to report substantially similar information to another
Federal agency within a substantially similar timeframe.
``(C) Domain name system.--The requirements under
paragraphs (1), (2) and (3) shall not apply to an entity or
the functions of an entity that the Director determines
constitute critical infrastructure owned, operated, or
governed by multi-stakeholder organizations that develop,
implement, and enforce policies concerning the Domain Name
System, such as the Internet Corporation for Assigned Names
and Numbers or the Internet Assigned Numbers Authority.
``(6) Manner, timing, and form of reports.--Reports made
under paragraphs (1), (2), and (3) shall be made in the
manner and form, and within the time period in the case of
reports made under paragraph (3), prescribed in the final
rule issued pursuant to subsection (b).
``(7) Effective date.--Paragraphs (1) through (4) shall
take effect on the dates prescribed in the final rule issued
pursuant to subsection (b).
``(b) Rulemaking.--
``(1) Notice of proposed rulemaking.--Not later than 2
years after the date of enactment of this section, the
Director, in consultation with Sector Risk Management
Agencies, the Department of Justice, and other Federal
agencies, shall publish in the Federal Register a notice of
proposed rulemaking to implement subsection (a).
``(2) Final rule.--Not later than 18 months after
publication of the notice of proposed rulemaking under
paragraph (1), the Director shall issue a final rule to
implement subsection (a).
``(3) Subsequent rulemakings.--
``(A) In general.--The Director is authorized to issue
regulations to amend or revise the final rule issued pursuant
to paragraph (2).
``(B) Procedures.--Any subsequent rules issued under
subparagraph (A) shall comply with the requirements under
chapter 5 of title 5, United States Code, including the
issuance of a notice of proposed rulemaking under section 553
of such title.
``(c) Elements.--The final rule issued pursuant to
subsection (b) shall be composed of the following elements:
``(1) A clear description of the types of entities that
constitute covered entities, based on--
``(A) the consequences that disruption to or compromise of
such an entity could cause to national security, economic
security, or public health and safety;
``(B) the likelihood that such an entity may be targeted by
a malicious cyber actor, including a foreign country; and
``(C) the extent to which damage, disruption, or
unauthorized access to such an entity, including the
accessing of sensitive cybersecurity vulnerability
information or penetration testing tools or techniques, will
likely enable the disruption of the reliable operation of
critical infrastructure.
``(2) A clear description of the types of substantial cyber
incidents that constitute covered cyber incidents, which
shall--
``(A) at a minimum, require the occurrence of--
``(i) the unauthorized access to an information system or
network with a substantial loss of confidentiality,
integrity, or availability of such information system or
network, or a serious impact on the safety and resiliency of
operational systems and processes;
``(ii) a disruption of business or industrial operations
due to a cyber incident; or
``(iii) an occurrence described in clause (i) or (ii) due
to loss of service facilitated through, or caused by, a
compromise of a cloud service provider, managed service
provider, or other third-party data hosting provider or by a
supply chain compromise;
``(B) consider--
``(i) the sophistication or novelty of the tactics used to
perpetrate such an incident, as well as the type, volume, and
sensitivity of the data at issue;
``(ii) the number of individuals directly or indirectly
affected or potentially affected by such an incident; and
``(iii) potential impacts on industrial control systems,
such as supervisory control and data acquisition systems,
distributed control systems, and programmable logic
controllers; and
``(C) exclude--
``(i) any event where the cyber incident is perpetuated by
good faith security research or in response to an invitation
by the owner or operator of the information system for third
parties to find vulnerabilities in the information system,
such as through a vulnerability disclosure program or the use
of authorized penetration testing services; and
``(ii) the threat of disruption as extortion, as described
in section 2201(9)(A).
``(3) A requirement that, if a covered cyber incident or a
ransom payment occurs following an exempted threat described
in paragraph (2)(C)(ii), the entity shall comply with the
requirements in this subtitle in reporting the covered cyber
incident or ransom payment.
``(4) A clear description of the specific required contents
of a report pursuant to subsection (a)(1), which shall
include the following information, to the extent applicable
and available, with respect to a covered cyber incident:
``(A) A description of the covered cyber incident,
including--
``(i) identification and a description of the function of
the affected information systems, networks, or devices that
were, or are reasonably believed to have been, affected by
such incident;
``(ii) a description of the unauthorized access with
substantial loss of confidentiality, integrity, or
availability of the affected information system or network or
disruption of business or industrial operations;
``(iii) the estimated date range of such incident; and
``(iv) the impact to the operations of the covered entity.
``(B) Where applicable, a description of the
vulnerabilities, tactics, techniques, and procedures used to
perpetuate the covered cyber incident.
``(C) Where applicable, any identifying or contact
information related to each actor reasonably believed to be
responsible for such incident.
``(D) Where applicable, identification of the category or
categories of information that were, or are reasonably
believed to have been, accessed or acquired by an
unauthorized person.
``(E) The name and other information that clearly
identifies the entity impacted by the covered cyber incident.
``(F) Contact information, such as telephone number or
electronic mail address, that the Center may use to contact
the covered entity or an authorized agent of such covered
entity, or, where applicable, the service provider of such
covered entity acting with the express permission of, and at
the direction of, the covered entity to assist with
compliance with the requirements of this subtitle.
``(5) A clear description of the specific required contents
of a report pursuant to subsection (a)(2), which shall be the
following information, to the extent applicable and
available, with respect to a ransom payment:
``(A) A description of the ransomware attack, including the
estimated date range of the attack.
``(B) Where applicable, a description of the
vulnerabilities, tactics, techniques, and procedures used to
perpetuate the ransomware attack.
``(C) Where applicable, any identifying or contact
information related to the actor or actors reasonably
believed to be responsible for the ransomware attack.
``(D) The name and other information that clearly
identifies the entity that made the ransom payment.
``(E) Contact information, such as telephone number or
electronic mail address, that the Center may use to contact
the entity that made the ransom payment or an authorized
agent of such covered entity, or, where applicable, the
service provider of such covered entity acting with the
express permission of, and at the direction of, that entity
to assist with compliance with the requirements of this
subtitle.
``(F) The date of the ransom payment.
``(G) The ransom payment demand, including the type of
virtual currency or other commodity requested, if applicable.
``(H) The ransom payment instructions, including
information regarding where to send the payment, such as the
virtual currency address or physical address the funds were
requested to be sent to, if applicable.
``(I) The amount of the ransom payment.
``(6) A clear description of the types of data required to
be preserved pursuant to subsection (a)(4) and the period of
time for which the data is required to be preserved.
``(7) Deadlines for submitting reports to the Director
required under subsection (a)(3), which shall--
``(A) be established by the Director in consultation with
the Council;
``(B) consider any existing regulatory reporting
requirements similar in scope, purpose, and timing to the
reporting requirements to which such a covered entity may
also be subject, and make efforts to harmonize the timing and
contents of any such reports to the maximum extent
practicable; and
``(C) balance the need for situational awareness with the
ability of the covered entity to conduct incident response
and investigations.
``(8) Procedures for--
``(A) entities to submit reports required by paragraphs
(1), (2), and (3) of subsection (a), including the manner and
form thereof, which shall include, at a minimum, a concise,
user-friendly web-based form;
``(B) the Agency to carry out the enforcement provisions of
section 2233, including with respect to the issuance,
service, withdrawal, and enforcement of subpoenas, appeals
and due process procedures, the suspension and debarment
provisions in section 2234(c), and other aspects of
noncompliance;
``(C) implementing the exceptions provided in subsection
(a)(5); and
``(D) protecting privacy and civil liberties consistent
with processes adopted pursuant to section 105(b) of the
Cybersecurity Act of 2015 (6 U.S.C. 1504(b)) and anonymizing
and safeguarding, or no longer retaining, information
received and disclosed through covered cyber incident reports
and ransom payment reports that is known to be personal
information of a specific individual or information that
identifies a specific individual
[[Page S8194]]
that is not directly related to a cybersecurity threat.
``(9) A clear description of the types of entities that
constitute other private sector entities for purposes of
section 2230(b)(7).
``(d) Third Party Report Submission and Ransom Payment.--
``(1) Report submission.--An entity, including a covered
entity, that is required to submit a covered cyber incident
report or a ransom payment report may use a third party, such
as an incident response company, insurance provider, service
provider, information sharing and analysis organization, or
law firm, to submit the required report under subsection (a).
``(2) Ransom payment.--If an entity impacted by a
ransomware attack uses a third party to make a ransom
payment, the third party shall not be required to submit a
ransom payment report for itself under subsection (a)(2).
``(3) Duty to report.--Third-party reporting under this
subparagraph does not relieve a covered entity or an entity
that makes a ransom payment from the duty to comply with the
requirements for covered cyber incident report or ransom
payment report submission.
``(4) Responsibility to advise.--Any third party used by an
entity that knowingly makes a ransom payment on behalf of an
entity impacted by a ransomware attack shall advise the
impacted entity of the responsibilities of the impacted
entity regarding reporting ransom payments under this
section.
``(e) Outreach to Covered Entities.--
``(1) In general.--The Director shall conduct an outreach
and education campaign to inform likely covered entities,
entities that offer or advertise as a service to customers to
make or facilitate ransom payments on behalf of entities
impacted by ransomware attacks, potential ransomware attack
victims, and other appropriate entities of the requirements
of paragraphs (1), (2), and (3) of subsection (a).
``(2) Elements.--The outreach and education campaign under
paragraph (1) shall include the following:
``(A) An overview of the final rule issued pursuant to
subsection (b).
``(B) An overview of mechanisms to submit to the Center
covered cyber incident reports and information relating to
the disclosure, retention, and use of incident reports under
this section.
``(C) An overview of the protections afforded to covered
entities for complying with the requirements under paragraphs
(1), (2), and (3) of subsection (a).
``(D) An overview of the steps taken under section 2234
when a covered entity is not in compliance with the reporting
requirements under subsection (a).
``(E) Specific outreach to cybersecurity vendors, incident
response providers, cybersecurity insurance entities, and
other entities that may support covered entities or
ransomware attack victims.
``(F) An overview of the privacy and civil liberties
requirements in this subtitle.
``(3) Coordination.--In conducting the outreach and
education campaign required under paragraph (1), the Director
may coordinate with--
``(A) the Critical Infrastructure Partnership Advisory
Council established under section 871;
``(B) information sharing and analysis organizations;
``(C) trade associations;
``(D) information sharing and analysis centers;
``(E) sector coordinating councils; and
``(F) any other entity as determined appropriate by the
Director.
``(f) Organization of Reports.--Notwithstanding chapter 35
of title 44, United States Code (commonly known as the
`Paperwork Reduction Act'), the Director may request
information within the scope of the final rule issued under
subsection (b) by the alteration of existing questions or
response fields and the reorganization and reformatting of
the means by which covered cyber incident reports, ransom
payment reports, and any voluntarily offered information is
submitted to the Center.
``SEC. 2233. VOLUNTARY REPORTING OF OTHER CYBER INCIDENTS.
``(a) In General.--Entities may voluntarily report
incidents or ransom payments to the Director that are not
required under paragraph (1), (2), or (3) of section 2232(a),
but may enhance the situational awareness of cyber threats.
``(b) Voluntary Provision of Additional Information in
Required Reports.--Entities may voluntarily include in
reports required under paragraph (1), (2), or (3) of section
2232(a) information that is not required to be included, but
may enhance the situational awareness of cyber threats.
``(c) Application of Protections.--The protections under
section 2235 applicable to covered cyber incident reports
shall apply in the same manner and to the same extent to
reports and information submitted under subsections (a) and
(b).
``SEC. 2234. NONCOMPLIANCE WITH REQUIRED REPORTING.
``(a) Purpose.--In the event that an entity that is
required to submit a report under section 2232(a) fails to
comply with the requirement to report, the Director may
obtain information about the incident or ransom payment by
engaging the entity directly to request information about the
incident or ransom payment, and if the Director is unable to
obtain information through such engagement, by issuing a
subpoena to the entity, pursuant to subsection (c), to gather
information sufficient to determine whether a covered cyber
incident or ransom payment has occurred, and, if so, whether
additional action is warranted pursuant to subsection (d).
``(b) Initial Request for Information.--
``(1) In general.--If the Director has reason to believe,
whether through public reporting or other information in the
possession of the Federal Government, including through
analysis performed pursuant to paragraph (1) or (2) of
section 2231(a), that an entity has experienced a covered
cyber incident or made a ransom payment but failed to report
such incident or payment to the Center within 72 hours in
accordance with section 2232(a), the Director shall request
additional information from the entity to confirm whether or
not a covered cyber incident or ransom payment has occurred.
``(2) Treatment.--Information provided to the Center in
response to a request under paragraph (1) shall be treated as
if it was submitted through the reporting procedures
established in section 2232.
``(c) Authority to Issue Subpoenas and Debar.--
``(1) In general.--If, after the date that is 72 hours from
the date on which the Director made the request for
information in subsection (b), the Director has received no
response from the entity from which such information was
requested, or received an inadequate response, the Director
may issue to such entity a subpoena to compel disclosure of
information the Director deems necessary to determine whether
a covered cyber incident or ransom payment has occurred and
obtain the information required to be reported pursuant to
section 2232 and any implementing regulations.
``(2) Civil action.--
``(A) In general.--If an entity fails to comply with a
subpoena, the Director may refer the matter to the Attorney
General to bring a civil action in a district court of the
United States to enforce such subpoena.
``(B) Venue.--An action under this paragraph may be brought
in the judicial district in which the entity against which
the action is brought resides, is found, or does business.
``(C) Contempt of court.--A court may punish a failure to
comply with a subpoena issued under this subsection as
contempt of court.
``(3) Non-delegation.--The authority of the Director to
issue a subpoena under this subsection may not be delegated.
``(4) Debarment of federal contractors.--If a covered
entity that is a Federal contractor fails to comply with a
subpoena issued under this subsection--
``(A) the Director may refer the matter to the
Administrator of General Services; and
``(B) upon receiving a referral from the Director, the
Administrator of General Services may impose additional
available penalties, including suspension or debarment.
``(5) Authentication.--
``(A) In general.--Any subpoena issued electronically
pursuant to this subsection shall be authenticated with a
cryptographic digital signature of an authorized
representative of the Agency, or other comparable successor
technology, that allows the Agency to demonstrate that such
subpoena was issued by the Agency and has not been altered or
modified since such issuance.
``(B) Invalid if not authenticated.--Any subpoena issued
electronically pursuant to this subsection that is not
authenticated in accordance with subparagraph (A) shall not
be considered to be valid by the recipient of such subpoena.
``(d) Actions by Attorney General and Federal Regulatory
Agencies.--
``(1) In general.--Notwithstanding section 2235(a) and
subsection (b)(2) of this section, if the Attorney General or
the appropriate Federal regulatory agency determines, based
on information provided in response to a subpoena issued
pursuant to subsection (c), that the facts relating to the
covered cyber incident or ransom payment at issue may
constitute grounds for a regulatory enforcement action or
criminal prosecution, the Attorney General or the appropriate
Federal regulatory agency may use that information for a
regulatory enforcement action or criminal prosecution.
``(2) Application to certain entities and third parties.--A
covered cyber incident or ransom payment report submitted to
the Center by an entity that makes a ransom payment or third
party under section 2232 shall not be used by any Federal,
State, Tribal, or local government to investigate or take
another law enforcement action against the entity that makes
a ransom payment or third party.
``(3) Rule of construction.--Nothing in this subtitle shall
be construed to provide an entity that submits a covered
cyber incident report or ransom payment report under section
2232 any immunity from law enforcement action for making a
ransom payment otherwise prohibited by law.
``(e) Considerations.--When determining whether to exercise
the authorities provided under this section, the Director
shall take into consideration--
``(1) the size and complexity of the entity;
``(2) the complexity in determining if a covered cyber
incident has occurred; and
``(3) prior interaction with the Agency or awareness of the
entity of the policies and procedures of the Agency for
reporting covered cyber incidents and ransom payments.
[[Page S8195]]
``(f) Exclusions.--This section shall not apply to a State,
local, Tribal, or territorial government entity.
``(g) Report to Congress.--The Director shall submit to
Congress an annual report on the number of times the
Director--
``(1) issued an initial request for information pursuant to
subsection (b);
``(2) issued a subpoena pursuant to subsection (c); or
``(3) referred a matter to the Attorney General for a civil
action pursuant to subsection (c)(2).
``(h) Publication of the Annual Report.--The Director shall
publish a version of the annual report required under
subsection (g) on the website of the Agency, which shall
include, at a minimum, the number of times the Director--
``(1) issued an initial request for information pursuant to
subsection (b); or
``(2) issued a subpoena pursuant to subsection (c).
``(i) Anonymization of Reports.--The Director shall ensure
any victim information contained in a report required to be
published under subsection (h) be anonymized before the
report is published.
``SEC. 2235. INFORMATION SHARED WITH OR PROVIDED TO THE
FEDERAL GOVERNMENT.
``(a) Disclosure, Retention, and Use.--
``(1) Authorized activities.--Information provided to the
Center or Agency pursuant to section 2232 or 2233 may be
disclosed to, retained by, and used by, consistent with
otherwise applicable provisions of Federal law, any Federal
agency or department, component, officer, employee, or agent
of the Federal Government solely for--
``(A) a cybersecurity purpose;
``(B) the purpose of identifying--
``(i) a cyber threat, including the source of the cyber
threat; or
``(ii) a security vulnerability;
``(C) the purpose of responding to, or otherwise preventing
or mitigating, a specific threat of death, a specific threat
of serious bodily harm, or a specific threat of serious
economic harm, including a terrorist act or use of a weapon
of mass destruction;
``(D) the purpose of responding to, investigating,
prosecuting, or otherwise preventing or mitigating, a serious
threat to a minor, including sexual exploitation and threats
to physical safety; or
``(E) the purpose of preventing, investigating, disrupting,
or prosecuting an offense arising out of a cyber incident
reported pursuant to section 2232 or 2233 or any of the
offenses listed in section 105(d)(5)(A)(v) of the
Cybersecurity Act of 2015 (6 U.S.C. 1504(d)(5)(A)(v)).
``(2) Agency actions after receipt.--
``(A) Rapid, confidential sharing of cyber threat
indicators.--Upon receiving a covered cyber incident or
ransom payment report submitted pursuant to this section, the
center shall immediately review the report to determine
whether the incident that is the subject of the report is
connected to an ongoing cyber threat or security
vulnerability and where applicable, use such report to
identify, develop, and rapidly disseminate to appropriate
stakeholders actionable, anonymized cyber threat indicators
and defensive measures.
``(B) Standards for sharing security vulnerabilities.--With
respect to information in a covered cyber incident or ransom
payment report regarding a security vulnerability referred to
in paragraph (1)(B)(ii), the Director shall develop
principles that govern the timing and manner in which
information relating to security vulnerabilities may be
shared, consistent with common industry best practices and
United States and international standards.
``(3) Privacy and civil liberties.--Information contained
in covered cyber incident and ransom payment reports
submitted to the Center or the Agency pursuant to section
2232 shall be retained, used, and disseminated, where
permissible and appropriate, by the Federal Government in
accordance with processes to be developed for the protection
of personal information consistent with processes adopted
pursuant to section 105 of the Cybersecurity Act of 2015 (6
U.S.C. 1504) and in a manner that protects from unauthorized
use or disclosure any information that may contain--
``(A) personal information of a specific individual; or
``(B) information that identifies a specific individual
that is not directly related to a cybersecurity threat.
``(4) Digital security.--The Center and the Agency shall
ensure that reports submitted to the Center or the Agency
pursuant to section 2232, and any information contained in
those reports, are collected, stored, and protected at a
minimum in accordance with the requirements for moderate
impact Federal information systems, as described in Federal
Information Processing Standards Publication 199, or any
successor document.
``(5) Prohibition on use of information in regulatory
actions.--A Federal, State, local, or Tribal government shall
not use information about a covered cyber incident or ransom
payment obtained solely through reporting directly to the
Center or the Agency in accordance with this subtitle to
regulate, including through an enforcement action, the
activities of the covered entity or entity that made a ransom
payment.
``(b) No Waiver of Privilege or Protection.--The submission
of a report to the Center or the Agency under section 2232
shall not constitute a waiver of any applicable privilege or
protection provided by law, including trade secret protection
and attorney-client privilege.
``(c) Exemption From Disclosure.--Information contained in
a report submitted to the Office under section 2232 shall be
exempt from disclosure under section 552(b)(3)(B) of title 5,
United States Code (commonly known as the `Freedom of
Information Act') and any State, Tribal, or local provision
of law requiring disclosure of information or records.
``(d) Ex Parte Communications.--The submission of a report
to the Agency under section 2232 shall not be subject to a
rule of any Federal agency or department or any judicial
doctrine regarding ex parte communications with a decision-
making official.
``(e) Liability Protections.--
``(1) In general.--No cause of action shall lie or be
maintained in any court by any person or entity and any such
action shall be promptly dismissed for the submission of a
report pursuant to section 2232(a) that is submitted in
conformance with this subtitle and the rule promulgated under
section 2232(b), except that this subsection shall not apply
with regard to an action by the Federal Government pursuant
to section 2234(c)(2).
``(2) Scope.--The liability protections provided in
subsection (e) shall only apply to or affect litigation that
is solely based on the submission of a covered cyber incident
report or ransom payment report to the Center or the Agency.
``(3) Restrictions.--Notwithstanding paragraph (2), no
report submitted to the Agency pursuant to this subtitle or
any communication, document, material, or other record,
created for the sole purpose of preparing, drafting, or
submitting such report, may be received in evidence, subject
to discovery, or otherwise used in any trial, hearing, or
other proceeding in or before any court, regulatory body, or
other authority of the United States, a State, or a political
subdivision thereof, provided that nothing in this subtitle
shall create a defense to discovery or otherwise affect the
discovery of any communication, document, material, or other
record not created for the sole purpose of preparing,
drafting, or submitting such report.
``(f) Sharing With Non-Federal Entities.--The Agency shall
anonymize the victim who reported the information when making
information provided in reports received under section 2232
available to critical infrastructure owners and operators and
the general public.
``(g) Proprietary Information.--Information contained in a
report submitted to the Agency under section 2232 shall be
considered the commercial, financial, and proprietary
information of the covered entity when so designated by the
covered entity.
``(h) Stored Communications Act.--Nothing in this subtitle
shall be construed to permit or require disclosure by a
provider of a remote computing service or a provider of an
electronic communication service to the public of information
not otherwise permitted or required to be disclosed under
chapter 121 of title 18, United States Code (commonly known
as the `Stored Communications Act').''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the items relating to subtitle B of title XXII the
following:
``Subtitle C--Cyber Incident Reporting
``Sec. 2230. Definitions.
``Sec. 2231. Cyber Incident Review.
``Sec. 2232. Required reporting of certain cyber incidents.
``Sec. 2233. Voluntary reporting of other cyber incidents.
``Sec. 2234. Noncompliance with required reporting.
``Sec. 2235. Information shared with or provided to the Federal
Government.''.
SEC. 6104. FEDERAL SHARING OF INCIDENT REPORTS.
(a) Cyber Incident Reporting Sharing.--
(1) In general.--Notwithstanding any other provision of law
or regulation, any Federal agency, including any independent
establishment (as defined in section 104 of title 5, United
States Code), that receives a report from an entity of a
cyber incident, including a ransomware attack, shall provide
the report to the Director as soon as possible, but not later
than 24 hours after receiving the report, unless a shorter
period is required by an agreement made between the
Cybersecurity Infrastructure Security Agency and the
recipient Federal agency. The Director shall share and
coordinate each report pursuant to section 2231(b) of the
Homeland Security Act of 2002, as added by section 6103 of
this title.
(2) Rule of construction.--The requirements described in
paragraph (1) shall not be construed to be a violation of any
provision of law or policy that would otherwise prohibit
disclosure within the executive branch.
(3) Protection of information.--The Director shall comply
with any obligations of the recipient Federal agency
described in paragraph (1) to protect information, including
with respect to privacy, confidentiality, or information
security, if those obligations would impose greater
protection requirements than this Act or the amendments made
by this Act.
(4) FOIA exemption.--Any report received by the Director
pursuant to paragraph (1) shall be exempt from disclosure
under section 552(b)(3) of title 5, United States Code
[[Page S8196]]
(commonly known as the ``Freedom of Information Act'').
(b) Creation of Council.--Section 1752(c) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (6 U.S.C. 1500(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (G), by striking ``and'' at the end;
(B) by redesignating subparagraph (H) as subparagraph (I);
and
(C) by inserting after subparagraph (G) the following:
``(H) lead an intergovernmental Cyber Incident Reporting
Council, in coordination with the Director of the Office of
Management and Budget, the Attorney General, and the Director
of the Cybersecurity and Infrastructure Security Agency and
in consultation with Sector Risk Management Agencies (as
defined in section 2201 of the Homeland Security Act of 2002
(6 U.S.C. 651)) and other appropriate Federal agencies, to
coordinate, deconflict, and harmonize Federal incident
reporting requirements, including those issued through
regulations, for covered entities (as defined in section 2230
of such Act) and entities that make a ransom payment (as
defined in such section 2201 (6 U.S.C. 651)); and''; and
(2) by adding at the end the following:
``(3) Rule of construction.--Nothing in paragraph (1)(H)
shall be construed to provide any additional regulatory
authority to any Federal entity.''.
(c) Harmonizing Reporting Requirements.--The National Cyber
Director shall, in consultation with the Director, the
Attorney General, the Cyber Incident Reporting Council
described in section 1752(c)(1)(H) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (6 U.S.C. 1500(c)(1)(H)), and the Director of the Office
of Management and Budget, to the maximum extent practicable--
(1) periodically review existing regulatory requirements,
including the information required in such reports, to report
cyber incidents and ensure that any such reporting
requirements and procedures avoid conflicting, duplicative,
or burdensome requirements; and
(2) coordinate with the Director, the Attorney General, and
regulatory authorities that receive reports relating to cyber
incidents to identify opportunities to streamline reporting
processes, and where feasible, facilitate interagency
agreements between such authorities to permit the sharing of
such reports, consistent with applicable law and policy,
without impacting the ability of such agencies to gain timely
situational awareness of a covered cyber incident or ransom
payment.
SEC. 6105. RANSOMWARE VULNERABILITY WARNING PILOT PROGRAM.
(a) Program.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish a
ransomware vulnerability warning program to leverage existing
authorities and technology to specifically develop processes
and procedures for, and to dedicate resources to, identifying
information systems that contain security vulnerabilities
associated with common ransomware attacks, and to notify the
owners of those vulnerable systems of their security
vulnerability.
(b) Identification of Vulnerable Systems.--The pilot
program established under subsection (a) shall--
(1) identify the most common security vulnerabilities
utilized in ransomware attacks and mitigation techniques; and
(2) utilize existing authorities to identify Federal and
other relevant information systems that contain the security
vulnerabilities identified in paragraph (1).
(c) Entity Notification.--
(1) Identification.--If the Director is able to identify
the entity at risk that owns or operates a vulnerable
information system identified in subsection (b), the Director
may notify the owner of the information system.
(2) No identification.--If the Director is not able to
identify the entity at risk that owns or operates a
vulnerable information system identified in subsection (b),
the Director may utilize the subpoena authority pursuant to
section 2209 of the Homeland Security Act of 2002 (6 U.S.C.
659) to identify and notify the entity at risk pursuant to
the procedures within that section.
(3) Required information.--A notification made under
paragraph (1) shall include information on the identified
security vulnerability and mitigation techniques.
(d) Prioritization of Notifications.--To the extent
practicable, the Director shall prioritize covered entities
for identification and notification activities under the
pilot program established under this section.
(e) Limitation on Procedures.--No procedure, notification,
or other authorities utilized in the execution of the pilot
program established under subsection (a) shall require an
owner or operator of a vulnerable information system to take
any action as a result of a notice of a security
vulnerability made pursuant to subsection (c).
(f) Rule of Construction.--Nothing in this section shall be
construed to provide additional authorities to the Director
to identify vulnerabilities or vulnerable systems.
(g) Termination.--The pilot program established under
subsection (a) shall terminate on the date that is 4 years
after the date of enactment of this Act.
SEC. 6106. RANSOMWARE THREAT MITIGATION ACTIVITIES.
(a) Joint Ransomware Task Force.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the National Cyber Director, in
consultation with the Attorney General and the Director of
the Federal Bureau of Investigation, shall establish and
chair the Joint Ransomware Task Force to coordinate an
ongoing nationwide campaign against ransomware attacks, and
identify and pursue opportunities for international
cooperation.
(2) Composition.--The Joint Ransomware Task Force shall
consist of participants from Federal agencies, as determined
appropriate by the National Cyber Director in consultation
with the Secretary of Homeland Security.
(3) Responsibilities.--The Joint Ransomware Task Force,
utilizing only existing authorities of each participating
agency, shall coordinate across the Federal Government the
following activities:
(A) Prioritization of intelligence-driven operations to
disrupt specific ransomware actors.
(B) Consult with relevant private sector, State, local,
Tribal, and territorial governments and international
stakeholders to identify needs and establish mechanisms for
providing input into the Task Force.
(C) Identifying, in consultation with relevant entities, a
list of highest threat ransomware entities updated on an
ongoing basis, in order to facilitate--
(i) prioritization for Federal action by appropriate
Federal agencies; and
(ii) identify metrics for success of said actions.
(D) Disrupting ransomware criminal actors, associated
infrastructure, and their finances.
(E) Facilitating coordination and collaboration between
Federal entities and relevant entities, including the private
sector, to improve Federal actions against ransomware
threats.
(F) Collection, sharing, and analysis of ransomware trends
to inform Federal actions.
(G) Creation of after-action reports and other lessons
learned from Federal actions that identify successes and
failures to improve subsequent actions.
(H) Any other activities determined appropriate by the task
force to mitigate the threat of ransomware attacks against
Federal and non-Federal entities.
(b) Clarifying Private Sector Lawful Defensive Measures.--
Not later than 180 days after the date of enactment of this
Act, the National Cyber Director, in coordination with the
Secretary of Homeland Security and the Attorney General,
shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of
the Senate and the Committee on Homeland Security, the
Committee on the Judiciary, and the Committee on Oversight
and Reform of the House of Representatives a report that
describes defensive measures that private sector actors can
take when countering ransomware attacks and what laws need to
be clarified to enable that action.
(c) Rule of Construction.--Nothing in this section shall be
construed to provide any additional authority to any Federal
agency.
SEC. 6107. CONGRESSIONAL REPORTING.
(a) Report on Stakeholder Engagement.--Not later than 30
days after the date on which the Director issues the final
rule under section 2232(b) of the Homeland Security Act of
2002, as added by section 6103(b) of this title, the Director
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report
that describes how the Director engaged stakeholders in the
development of the final rule.
(b) Report on Opportunities to Strengthen Security
Research.--Not later than 1 year after the date of enactment
of this Act, the Director shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report describing how the National
Cybersecurity and Communications Integration Center
established under section 2209 of the Homeland Security Act
of 2002 (6 U.S.C. 659) has carried out activities under
section 2231(a)(9) of the Homeland Security Act of 2002, as
added by section 6103(a) of this title, by proactively
identifying opportunities to use cyber incident data to
inform and enable cybersecurity research within the academic
and private sector.
(c) Report on Ransomware Vulnerability Warning Pilot
Program.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for the duration of the
pilot program established under section 6105, the Director
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report,
which may include a classified annex, on the effectiveness of
the pilot program, which shall include a discussion of the
following:
(1) The effectiveness of the notifications under section
6105(c) in mitigating security vulnerabilities and the threat
of ransomware.
(2) Identification of the most common vulnerabilities
utilized in ransomware.
(3) The number of notifications issued during the preceding
year.
(4) To the extent practicable, the number of vulnerable
devices or systems mitigated
[[Page S8197]]
under this pilot by the Agency during the preceding year.
(d) Report on Harmonization of Reporting Regulations.--
(1) In general.--Not later than 180 days after the date on
which the National Cyber Director convenes the Council
described in section 1752(c)(1)(H) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (6 U.S.C. 1500(c)(1)(H)), the National Cyber Director
shall submit to the appropriate congressional committees a
report that includes--
(A) a list of duplicative Federal cyber incident reporting
requirements on covered entities and entities that make a
ransom payment;
(B) a description of any challenges in harmonizing the
duplicative reporting requirements;
(C) any actions the National Cyber Director intends to take
to facilitate harmonizing the duplicative reporting
requirements; and
(D) any proposed legislative changes necessary to address
the duplicative reporting.
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to provide any additional regulatory authority
to any Federal agency.
(e) GAO Reports.--
(1) Implementation of this act.--Not later than 2 years
after the date of enactment of this Act, the Comptroller
General of the United States shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report on the implementation of this Act
and the amendments made by this Act.
(2) Exemptions to reporting.--Not later than 1 year after
the date on which the Director issues the final rule required
under section 2232(b) of the Homeland Security Act of 2002,
as added by section 6103 of this title, the Comptroller
General of the United States shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report on the exemptions to reporting under
paragraphs (2) and (5) of section 2232(a) of the Homeland
Security Act of 2002, as added by section 6103 of this title,
which shall include--
(A) to the extent practicable, an evaluation of the
quantity of incidents not reported to the Federal Government;
(B) an evaluation of the impact on impacted entities,
homeland security, and the national economy of the ransomware
criminal ecosystem of incidents and ransom payments,
including a discussion on the scope of impact of incidents
that were not reported to the Federal Government;
(C) an evaluation of the burden, financial and otherwise,
on entities required to report cyber incidents under this
Act, including an analysis of entities that meet the
definition of a small organization and would be exempt from
ransom payment reporting but not for being a covered entity;
and
(D) a description of the consequences and effects of the
exemptions.
(f) Report on Effectiveness of Enforcement Mechanisms.--Not
later than 1 year after the date on which the Director issues
the final rule required under section 2232(b) of the Homeland
Security Act of 2002, as added by section 6103 of this title,
the Director shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report on the effectiveness of the
enforcement mechanisms within section 2234 of the Homeland
Security Act of 2002, as added by section 6103 of this title.
TITLE LXII--CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS ACT OF 2021
SEC. 6201. SHORT TITLE.
This title may be cited as the ``CISA Technical Corrections
and Improvements Act of 2021''.
SEC. 6202. REDESIGNATIONS.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
(1) by redesignating section 2217 (6 U.S.C. 665f) as
section 2220;
(2) by redesignating section 2216 (6 U.S.C. 665e) as
section 2219;
(3) by redesignating the fourth section 2215 (relating to
Sector Risk Management Agencies) (6 U.S.C. 665d) as section
2218;
(4) by redesignating the third section 2215 (relating to
the Cybersecurity State Coordinator) (6 U.S.C. 665c) as
section 2217; and
(5) by redesignating the second section 2215 (relating to
the Joint Cyber Planning Office) (6 U.S.C. 665b) as section
2216.
(b) Technical and Conforming Amendments.--Section 2202(c)
of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is
amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in the first paragraph (12)--
(A) by striking ``section 2215'' and inserting ``section
2217''; and
(B) by striking ``and'' at the end; and
(3) by redesignating the second and third paragraphs (12)
as paragraphs (13) and (14), respectively.
(c) Additional Technical Amendment.--
(1) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020
(title IX of division U of Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by striking ``Homeland
Security Act'' and inserting ``Homeland Security Act of
2002''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if enacted as part of the DOTGOV Act of
2020 (title IX of division U of Public Law 116-260).
SEC. 6203. CONSOLIDATION OF DEFINITIONS.
(a) In General.--Title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651) is amended by inserting before the
subtitle A heading the following:
``SEC. 2200. DEFINITIONS.
``Except as otherwise specifically provided, in this title:
``(1) Agency.--The term `Agency' means the Cybersecurity
and Infrastructure Security Agency.
``(2) Agency information.--The term `agency information'
means information collected or maintained by or on behalf of
an agency.
``(3) Agency information system.--The term `agency
information system' means an information system used or
operated by an agency or by another entity on behalf of an
agency.
``(4) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) the Committee on Homeland Security of the House of
Representatives.
``(5) Cloud service provider.--The term `cloud service
provider' means an entity offering products or services
related to cloud computing, as defined by the National
Institutes of Standards and Technology in NIST Special
Publication 800-145 and any amendatory or superseding
document relating thereto.
``(6) Critical infrastructure information.--The term
`critical infrastructure information' means information not
customarily in the public domain and related to the security
of critical infrastructure or protected systems, including--
``(A) actual, potential, or threatened interference with,
attack on, compromise of, or incapacitation of critical
infrastructure or protected systems by either physical or
computer-based attack or other similar conduct (including the
misuse of or unauthorized access to all types of
communications and data transmission systems) that violates
Federal, State, or local law, harms interstate commerce of
the United States, or threatens public health or safety;
``(B) the ability of any critical infrastructure or
protected system to resist such interference, compromise, or
incapacitation, including any planned or past assessment,
projection, or estimate of the vulnerability of critical
infrastructure or a protected system, including security
testing, risk evaluation thereto, risk management planning,
or risk audit; or
``(C) any planned or past operational problem or solution
regarding critical infrastructure or protected systems,
including repair, recovery, reconstruction, insurance, or
continuity, to the extent it is related to such interference,
compromise, or incapacitation.
``(7) Cyber threat indicator.--The term `cyber threat
indicator' means information that is necessary to describe or
identify--
``(A) malicious reconnaissance, including anomalous
patterns of communications that appear to be transmitted for
the purpose of gathering technical information related to a
cybersecurity threat or security vulnerability;
``(B) a method of defeating a security control or
exploitation of a security vulnerability;
``(C) a security vulnerability, including anomalous
activity that appears to indicate the existence of a security
vulnerability;
``(D) a method of causing a user with legitimate access to
an information system or information that is stored on,
processed by, or transiting an information system to
unwittingly enable the defeat of a security control or
exploitation of a security vulnerability;
``(E) malicious cyber command and control;
``(F) the actual or potential harm caused by an incident,
including a description of the information exfiltrated as a
result of a particular cybersecurity threat;
``(G) any other attribute of a cybersecurity threat, if
disclosure of such attribute is not otherwise prohibited by
law; or
``(H) any combination thereof.
``(8) Cybersecurity purpose.--The term `cybersecurity
purpose' means the purpose of protecting an information
system or information that is stored on, processed by, or
transiting an information system from a cybersecurity threat
or security vulnerability.
``(9) Cybersecurity risk.--The term `cybersecurity risk'--
``(A) means threats to and vulnerabilities of information
or information systems and any related consequences caused by
or resulting from unauthorized access, use, disclosure,
degradation, disruption, modification, or destruction of such
information or information systems, including such related
consequences caused by an act of terrorism; and
``(B) does not include any action that solely involves a
violation of a consumer term of service or a consumer
licensing agreement.
``(10) Cybersecurity threat.--
``(A) In general.--Except as provided in subparagraph (B),
the term `cybersecurity threat' means an action, not
protected by the First Amendment to the Constitution of the
United States, on or through an information system that may
result in an unauthorized effort to adversely impact the
security, availability, confidentiality, or integrity of an
information system or information that
[[Page S8198]]
is stored on, processed by, or transiting an information
system.
``(B) Exclusion.--The term `cybersecurity threat' does not
include any action that solely involves a violation of a
consumer term of service or a consumer licensing agreement.
``(11) Defensive measure.--
``(A) In general.--Except as provided in subparagraph (B),
the term `defensive measure' means an action, device,
procedure, signature, technique, or other measure applied to
an information system or information that is stored on,
processed by, or transiting an information system that
detects, prevents, or mitigates a known or suspected
cybersecurity threat or security vulnerability.
``(B) Exclusion.--The term `defensive measure' does not
include a measure that destroys, renders unusable, provides
unauthorized access to, or substantially harms an information
system or information stored on, processed by, or transiting
such information system not owned by--
``(i) the entity operating the measure; or
``(ii) another entity or Federal entity that is authorized
to provide consent and has provided consent to that private
entity for operation of such measure.
``(12) Homeland security enterprise.--The term `Homeland
Security Enterprise' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and Tribal government
officials, private sector representatives, academics, and
other policy experts.
``(13) Incident.--The term `incident' means an occurrence
that actually or imminently jeopardizes, without lawful
authority, the integrity, confidentiality, or availability of
information on an information system, or actually or
imminently jeopardizes, without lawful authority, an
information system.
``(14) Information sharing and analysis organization.--The
term `Information Sharing and Analysis Organization' means
any formal or informal entity or collaboration created or
employed by public or private sector organizations, for
purposes of--
``(A) gathering and analyzing critical infrastructure
information, including information related to cybersecurity
risks and incidents, in order to better understand security
problems and interdependencies related to critical
infrastructure, including cybersecurity risks and incidents,
and protected systems, so as to ensure the availability,
integrity, and reliability thereof;
``(B) communicating or disclosing critical infrastructure
information, including cybersecurity risks and incidents, to
help prevent, detect, mitigate, or recover from the effects
of a interference, compromise, or a incapacitation problem
related to critical infrastructure, including cybersecurity
risks and incidents, or protected systems; and
``(C) voluntarily disseminating critical infrastructure
information, including cybersecurity risks and incidents, to
its members, State, local, and Federal Governments, or any
other entities that may be of assistance in carrying out the
purposes specified in subparagraphs (A) and (B).
``(15) Information system.--The term `information system'
has the meaning given the term in section 3502 of title 44,
United States Code.
``(16) Intelligence community.--The term `intelligence
community' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
``(17) Managed service provider.--The term `managed service
provider' means an entity that delivers services, such as
network, application, infrastructure, or security services,
via ongoing and regular support and active administration on
the premises of a customer, in the data center of the entity
(such as hosting), or in a third party data center.
``(18) Monitor.--The term `monitor' means to acquire,
identify, or scan, or to possess, information that is stored
on, processed by, or transiting an information system.
``(19) National cybersecurity asset response activities.--
The term `national cybersecurity asset response activities'
means--
``(A) furnishing cybersecurity technical assistance to
entities affected by cybersecurity risks to protect assets,
mitigate vulnerabilities, and reduce impacts of cyber
incidents;
``(B) identifying other entities that may be at risk of an
incident and assessing risk to the same or similar
vulnerabilities;
``(C) assessing potential cybersecurity risks to a sector
or region, including potential cascading effects, and
developing courses of action to mitigate such risks;
``(D) facilitating information sharing and operational
coordination with threat response; and
``(E) providing guidance on how best to utilize Federal
resources and capabilities in a timely, effective manner to
speed recovery from cybersecurity risks.
``(20) National security system.--The term `national
security system' has the meaning given the term in section
11103 of title 40, United States Code.
``(21) Ransom payment.--The term `ransom payment' means the
transmission of any money or other property or asset,
including virtual currency, or any portion thereof, which has
at any time been delivered as ransom in connection with a
ransomware attack.
``(22) Ransomware attack.--The term `ransomware attack'--
``(A) means a cyber incident that includes the use or
threat of use of unauthorized or malicious code on an
information system, or the use or threat of use of another
digital mechanism such as a denial of service attack, to
interrupt or disrupt the operations of an information system
or compromise the confidentiality, availability, or integrity
of electronic data stored on, processed by, or transiting an
information system to extort a demand for a ransom payment;
and
``(B) does not include any such event where the demand for
payment is made by a Federal Government entity, good faith
security research, or in response to an invitation by the
owner or operator of the information system for third parties
to identify vulnerabilities in the information system.
``(23) Sector risk management agency.--The term `Sector
Risk Management Agency' means a Federal department or agency,
designated by law or Presidential directive, with
responsibility for providing institutional knowledge and
specialized expertise of a sector, as well as leading,
facilitating, or supporting programs and associated
activities of its designated critical infrastructure sector
in the all hazards environment in coordination with the
Department.
``(24) Security control.--The term `security control' means
the management, operational, and technical controls used to
protect against an unauthorized effort to adversely affect
the confidentiality, integrity, and availability of an
information system or its information.
``(25) Security vulnerability.--The term `security
vulnerability' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
``(26) Sharing.--The term `sharing' (including all
conjugations thereof) means providing, receiving, and
disseminating (including all conjugations of each such
terms).
``(27) Supply chain compromise.--The term `supply chain
compromise' means a cyber incident within the supply chain of
an information system that an adversary can leverage to
jeopardize the confidentiality, integrity, or availability of
the information technology system or the information the
system processes, stores, or transmits, and can occur at any
point during the life cycle.
``(28) Virtual currency.--The term `virtual currency' means
the digital representation of value that functions as a
medium of exchange, a unit of account, or a store of value.
``(29) Virtual currency address.--The term `virtual
currency address' means a unique public cryptographic key
identifying the location to which a virtual currency payment
can be made.''.
(b) Technical and Conforming Amendments.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) by amending section 2201 to read as follows:
``SEC. 2201. DEFINITION.
``In this subtitle, the term `Cybersecurity Advisory
Committee' means the advisory committee established under
section 2219(a).'';
(2) in section 2202--
(A) in subsection (a)(1), by striking ``(in this subtitle
referred to as the Agency)'';
(B) in subsection (f)--
(i) in paragraph (1), by inserting ``Executive'' before
``Assistant Director''; and
(ii) in paragraph (2), by inserting ``Executive'' before
``Assistant Director'';
(3) in section 2203(a)(2), by striking ``as the `Assistant
Director' '' and inserting ``as the `Executive Assistant
Director' '';
(4) in section 2204(a)(2), by striking ``as the `Assistant
Director' '' and inserting ``as the `Executive Assistant
Director' '';
(5) in section 2209--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (o) as
subsections (a) through (n), respectively;
(C) in subsection (c)(1)--
(i) in subparagraph (A)(iii), as so redesignated, by
striking ``, as that term is defined under section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4))''; and
(ii) in subparagraph (B)(ii), by striking ``information
sharing and analysis organizations'' and inserting
``Information Sharing and Analysis Organizations'';
(D) in subsection (d), as so redesignated--
(i) in the matter preceding paragraph (1), by striking
``subsection (c)'' and inserting ``subsection (b)''; and
(ii) in paragraph (1)(E)(ii)(II), by striking ``information
sharing and analysis organizations'' and inserting
``Information Sharing and Analysis Organizations'';
(E) in subsection (j), as so redesignated, by striking
``subsection (c)(8)'' and inserting ``subsection (b)(8)'';
and
(F) in subsection (n), as so redesignated--
(i) in paragraph (2)(A), by striking ``subsection (c)(12)''
and inserting ``subsection (b)(12)''; and
(ii) in paragraph (3)(B)(i), by striking ``subsection
(c)(12)'' and inserting ``subsection (b)(12)'';
(6) in section 2210--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (d) as
subsections (a) through (c), respectively;
(C) in subsection (b), as so redesignated--
(i) by striking ``information sharing and analysis
organizations (as defined in section 2222(5))'' and inserting
``Information Sharing and Analysis Organizations''; and
(ii) by striking ``(as defined in section 2209)''; and
[[Page S8199]]
(D) in subsection (c), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (b)'';
(7) in section 2211, by striking subsection (h);
(8) in section 2212, by striking ``information sharing and
analysis organizations (as defined in section 2222(5))'' and
inserting ``Information Sharing and Analysis Organizations'';
(9) in section 2213--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (f) as
subsections (a) through (e); respectively;
(C) in subsection (b), as so redesignated, by striking
``subsection (b)'' each place it appears and inserting
``subsection (a)'';
(D) in subsection (c), as so redesignated, in the matter
preceding paragraph (1), by striking ``subsection (b)'' and
inserting ``subsection (a)''; and
(E) in subsection (d), as so redesignated--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``subsection (c)(2)'' and inserting ``subsection (b)(2)'';
(II) in subparagraph (A), by striking ``subsection (c)(1)''
and inserting ``subsection (b)(1)''; and
(III) in subparagraph (B), by striking ``subsection
(c)(2)'' and inserting ``subsection (b)(2)''; and
(ii) in paragraph (2), by striking ``subsection (c)(2)''
and inserting ``subsection (b)(2)'';
(10) in section 2216, as so redesignated--
(A) in subsection (d)(2), by striking ``information sharing
and analysis organizations'' and inserting ``Information
Sharing and Analysis Organizations''; and
(B) by striking subsection (f) and inserting the following:
``(f) Cyber Defense Operation Defined.--In this section,
the term `cyber defense operation' means the use of a
defensive measure.'';
(11) in section 2218(c)(4)(A), as so redesignated, by
striking ``information sharing and analysis organizations''
and inserting ``Information Sharing and Analysis
Organizations''; and
(12) in section 2222--
(A) by striking paragraphs (3), (5), and (8);
(B) by redesignating paragraph (4) as paragraph (3); and
(C) by redesignating paragraphs (6) and (7) as paragraphs
(4) and (5), respectively.
(c) Table of Contents Amendments.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135) is amended--
(1) by inserting before the item relating to subtitle A of
title XXII the following:
``Sec. 2200. Definitions.'';
(2) by striking the item relating to section 2201 and
inserting the following:
``Sec. 2201. Definition.''; and
(3) by striking the item relating to section 2214 and all
that follows through the item relating to section 2217 and
inserting the following:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint Cyber Planning Office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.''.
(d) Cybersecurity Act of 2015 Definitions.--Section 102 of
the Cybersecurity Act of 2015 (6 U.S.C. 1501) is amended--
(1) by striking paragraphs (4) through (7) and inserting
the following:
``(4) Cybersecurity purpose.--The term `cybersecurity
purpose' has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.
``(5) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given the term in section 2200 of the
Homeland Security Act of 2002.
``(6) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.
``(7) Defensive measure.--The term `defensive measure' has
the meaning given the term in section 2200 of the Homeland
Security Act of 2002.'';
(2) by striking paragraph (13) and inserting the following:
``(13) Monitor.-- The term `monitor' has the meaning given
the term in section 2200 of the Homeland Security Act of
2002.''; and
(3) by striking paragraphs (16) and (17) and inserting the
following:
``(16) Security control.--The term `security control' has
the meaning given the term in section 2200 of the Homeland
Security Act of 2002.
``(17) Security vulnerability.--The term `security
vulnerability' has the meaning given the term in section 2200
of the Homeland Security Act of 2002.''.
SEC. 6204. ADDITIONAL TECHNICAL AND CONFORMING AMENDMENTS.
(a) Federal Cybersecurity Enhancement Act of 2015.--The
Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1521
et seq.) is amended--
(1) in section 222 (6 U.S.C. 1521)--
(A) in paragraph (2), by striking ``section 2210'' and
inserting ``section 2200''; and
(B) in paragraph (4), by striking ``section 2209'' and
inserting ``section 2200'';
(2) in section 223(b) (6 U.S.C. 151 note), by striking
``section 2213(b)(1)'' each place it appears and inserting
``section 2213(a)(1)'';
(3) in section 226 (6 U.S.C. 1524)--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``section 2213'' and
inserting ``section 2200'';
(ii) in paragraph (2), by striking ``section 102'' and
inserting ``section 2200 of the Homeland Security Act of
2002'';
(iii) in paragraph (4), by striking ``section 2210(b)(1)''
and inserting ``section 2210(a)(1)''; and
(iv) in paragraph (5), by striking ``section 2213(b)'' and
inserting ``section 2213(a)''; and
(B) in subsection (c)(1)(A)(vi), by striking ``section
2213(c)(5)'' and inserting ``section 2213(b)(5)''; and
(4) in section 227(b) (6 U.S.C. 1525(b)), by striking
``section 2213(d)(2)'' and inserting ``section 2213(c)(2)''.
(b) Public Health Service Act.--Section 2811(b)(4)(D) of
the Public Health Service Act (42 U.S.C. 300hh-10(b)(4)(D))
is amended by striking ``section 228(c) of the Homeland
Security Act of 2002 (6 U.S.C. 149(c))'' and inserting
``section 2210(b) of the Homeland Security Act of 2002 (6
U.S.C. 660(b))''.
(c) William M. (Mac) Thornberry National Defense
Authorization Act of Fiscal Year 2021.--Section 9002 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (6 U.S.C. 652a) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``section 2222(5) of the
Homeland Security Act of 2002 (6 U.S.C. 671(5))'' and
inserting ``section 2200 of the Homeland Security Act of
2002''; and
(B) by amending paragraph (7) to read as follows:
``(7) Sector risk management agency.--The term `Sector Risk
Management Agency' has the meaning given the term in section
2200 of the Homeland Security Act of 2002.'';
(2) in subsection (c)(3)(B), by striking ``section
2201(5)'' and inserting ``section 2200''; and
(3) in subsection (d)--
(A) by striking ``section 2215'' and inserting ``section
2218''; and
(B) by striking ``, as added by this section''.
(d) National Security Act of 1947.--Section 113B of the
National Security Act of 1947 (50 U.S.C. 3049a(b)(4)) is
amended by striking ``section 226 of the Homeland Security
Act of 2002 (6 U.S.C. 147)'' and inserting ``section 2208 of
the Homeland Security Act of 2002 (6 U.S.C. 658)''.
(e) IoT Cybersecurity Improvement Act of 2020.--Section
5(b)(3) of the IoT Cybersecurity Improvement Act of 2020 (15
U.S.C. 278g-3c) is amended by striking ``section 2209(m) of
the Homeland Security Act of 2002 (6 U.S.C. 659(m))'' and
inserting ``section 2209(l) of the Homeland Security Act of
2002 (6 U.S.C. 659(l))''.
(f) Small Business Act.--Section 21(a)(8)(B) of the Small
Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking
``section 2209(a)'' and inserting ``section 2200''.
(g) Title 46.--Section 70101(2) of title 46, United States
Code, is amended by striking ``section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148)'' and inserting ``section
2200 of the Homeland Security Act of 2002''.
______
SA 4648. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON
SECURE ACCESS DOORS AND SECURE FACILITIES IN
GOVERNMENT PROPERTIES.
(a) Study and Report Required.--Not later than one year
after the date of the enactment of this Act, the Comptroller
General of the United States shall--
(1) complete a study on secure access doors and secure
facilities in Government owned and leased properties; and
(2) submit to Congress a report on the findings of the
Comptroller General with respect to the study completed under
paragraph (1).
(b) Elements.--The study completed under subsection (a)(1)
shall cover the following:
(1) Identification of the number of secure-access doors,
including those designated as sensitive compartmented
information facility rooms, at Federal national security-
charged Government agencies with secure locations, including
military installations-in both domestic and international
locations.
(2) Assessing existing accessibility deficiencies for
secure facilities in Government owned and leased properties.
(3) Describing Federal agency efforts to implement secure
accessibility compliance to meet the most current Director of
National Intelligence technical specifications.
______
SA 4649. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of
[[Page S8200]]
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. ___. TELECOMMUNICATIONS WORKFORCE TRAINING GRANT
PROGRAM.
(a) Short Title.--This section may be cited as the
``Improving Minority Participation And Careers in
Telecommunications Act'' or the ``IMPACT Act''.
(b) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Covered grant.--The term ``covered grant'' means a
grant awarded under subsection (c).
(3) Eligible entity.--The term ``eligible entity'' means a
historically Black college or university, Tribal College or
University, or minority-serving institution, or a consortium
of such entities, that forms a partnership with 1 or more of
the following entities to carry out a training program:
(A) A member of the telecommunications industry, such as a
company or industry association.
(B) A labor or labor-management organization with
experience working in the telecommunications industry or a
similar industry.
(C) The Telecommunications Industry Registered
Apprenticeship Program.
(D) A nonprofit organization dedicated to helping
individuals gain employment in the telecommunications
industry.
(E) A community or technical college with experience in
providing workforce development for individuals seeking
employment in the telecommunications industry or a similar
industry.
(F) A Federal agency laboratory specializing in
telecommunications technology.
(4) Fund.--The term ``Fund'' means the Telecommunications
Workforce Training Grant Program Fund established under
subsection (d)(1).
(5) Grant program.--The term ``Grant Program'' means the
Telecommunications Workforce Training Grant Program
established under subsection (c).
(6) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(7) Industry field activities.--The term ``industry field
activities'' means activities at active telecommunications,
cable, and broadband network worksites, such as towers,
construction sites, and network management hubs.
(8) Industry partner.--The term ``industry partner'' means
an entity described in subparagraphs (A) through (F) of
paragraph (3) with which an eligible entity forms a
partnership to carry out a training program.
(9) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(10) Training program.--The term ``training program'' means
a credit or non-credit program developed by an eligible
entity, in partnership with an industry partner, that--
(A) is designed to educate and train students to
participate in the telecommunications workforce; and
(B) includes a curriculum and apprenticeship or internship
opportunities that can also be paired with--
(i) a degree program; or
(ii) stacked credentialing toward a degree.
(11) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3)).
(c) Program.--The Assistant Secretary, acting through the
Office of Minority Broadband Initiatives established under
section 902(b)(1) of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260), shall
establish a program, to be known as the ``Telecommunications
Workforce Training Grant Program'', under which the Assistant
Secretary awards grants to eligible entities to develop
training programs.
(d) Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the
``Telecommunications Workforce Training Grant Program Fund''.
(2) Availability.--Amounts in the Fund shall be available
to the Assistant Secretary to carry out the Grant Program.
(e) Application.--
(1) In general.--An eligible entity desiring a covered
grant shall submit an application to the Assistant Secretary
at such time, in such manner, and containing such information
as the Assistant Secretary may require.
(2) Contents.--An eligible entity shall include in an
application under paragraph (1)--
(A) a commitment from the industry partner of the eligible
entity to collaborate with the eligible entity to develop a
training program, including curricula and internships or
apprenticeships;
(B) a description of how the eligible entity plans to use
the covered grant, including the type of training program the
eligible entity plans to develop;
(C) a plan for recruitment of students and potential
students to participate in the training program;
(D) a plan to increase female student participation in the
training program of the eligible entity; and
(E) a description of potential jobs to be secured through
the training program, including jobs in the communities
surrounding the eligible entity.
(f) Use of Funds.--An eligible entity may use a covered
grant, with respect to the training program of the eligible
entity, to--
(1) hire faculty members to teach courses in the training
program;
(2) train faculty members to prepare students for
employment in jobs related to the deployment of next-
generation wired and wireless communications networks,
including 5G networks, hybrid fiber-coaxial networks, and
fiber infrastructure, particularly in--
(A) broadband and wireless network engineering;
(B) network deployment and maintenance;
(C) industry field activities; and
(D) cybersecurity;
(3) design and develop curricula and other components
necessary for degrees, courses, or programs of study,
including certificate programs and credentialing programs,
that comprise the training program;
(4) pay for costs associated with instruction under the
training program, including the costs of equipment,
telecommunications training towers, laboratory space,
classroom space, and instructional field activities;
(5) fund scholarships, student internships,
apprenticeships, and pre-apprenticeship opportunities;
(6) recruit students for the training program; and
(7) support the enrollment in the training program of
individuals working in the telecommunications industry in
order to advance professionally in the industry.
(g) Grant Awards.--
(1) Deadline.--Not later than 2 years after the date on
which amounts are appropriated to the Fund pursuant to
subsection (m), the Assistant Secretary shall award all
covered grants.
(2) Minimum allocation to certain entities.--The Assistant
Secretary shall award not less than--
(A) 30 percent of covered grant amounts to historically
Black colleges or universities; and
(B) 30 percent of covered grant amounts to Tribal Colleges
or Universities.
(3) Evaluation criteria.--As part of the final rules issued
under subsection (h), the Assistant Secretary shall develop
criteria for evaluating applications for covered grants.
(4) Coordination.--The Assistant Secretary shall ensure
that grant amounts awarded under paragraph (2) are
coordinated with grant amounts provided under section 902 of
division N of the Consolidated Appropriations Act, 2021
(Public Law 116-260).
(5) Construction.--In awarding covered grants for training
or education relating to construction, the Assistant
Secretary may prioritize applicants that partner with--
(A) apprenticeship programs;
(B) pre-apprenticeship programs; or
(C) public 2-year community or technical colleges that have
a written agreement with 1 or more apprenticeship programs.
(h) Rules.--Not later than 180 days after the date of
enactment of this Act, after providing public notice and an
opportunity to comment, the Assistant Secretary, in
consultation with the Secretary of Labor and the Secretary of
Education, shall issue final rules governing the Grant
Program.
(i) Term.--The Assistant Secretary shall establish the term
of a covered grant, which may not be less than 5 years.
(j) Grantee Reports.--During the term of a covered grant
received by an eligible entity, the eligible entity shall
submit to the Assistant Secretary a semiannual report that,
with respect to the preceding 6-month period--
(1) describes how the eligible entity used the covered
grant amounts;
(2) describes the progress the eligible entity made in
developing and executing the training program of the eligible
entity;
(3) describes the number of faculty and students
participating in the training program of the eligible entity;
(4) describes the partnership with the industry partner of
the eligible entity, including--
(A) the commitments and in-kind contributions made by the
industry partner; and
(B) the role of the industry partner in curriculum
development, the degree program, and internships and
apprenticeships; and
(5) includes data on internship, apprenticeship, and
employment opportunities and placements.
(k) Oversight.--
(1) Audits.--The Inspector General of the Department of
Commerce shall audit the Grant Program in order to--
(A) ensure that eligible entities use covered grant amounts
in accordance with--
(i) the requirements of this section; and
(ii) the overall purpose of the Grant Program, as described
in subsection (c); and
(B) prevent waste, fraud, and abuse in the operation of the
Grant Program.
(2) Revocation of funds.--The Assistant Secretary shall
revoke a grant awarded to an eligible entity that is not in
compliance with
[[Page S8201]]
the requirements of this section or the overall purpose of
the Grant Program, as described in subsection (c).
(l) Annual Report to Congress.--Each year, until all
covered grants have expired, the Assistant Secretary shall
submit to Congress a report that--
(1) identifies each eligible entity that received a covered
grant and the amount of the covered grant;
(2) describes the progress each eligible entity described
in paragraph (1) has made toward accomplishing the overall
purpose of the Grant Program, as described in subsection (c);
(3) summarizes the job placement status or apprenticeship
opportunities of students who have participated in the
training program of the eligible entity; and
(4) includes the findings of any audits conducted by the
Inspector General of the Department of Commerce under
subsection (k)(1) that were not included in the previous
report submitted under this subsection.
(m) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Fund a total of $100,000,000 for fiscal years 2022
through 2027, to remain available until expended.
(2) Administration.--The Assistant Secretary may use not
more than 2 percent of the amounts appropriated to the Fund
for the administration of the Grant Program.
______
SA 4650. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3114. REPORT ON PLANT-DIRECTED RESEARCH AND DEVELOPMENT.
Section 4812A of the Atomic Energy Defense Act (50 U.S.C.
2793) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Plant-directed Research and Development.--
``(1) In general.--The report required by subsection (a)
shall include, with respect to plant-directed research and
development, the following:
``(A) A financial accounting of expenditures for such
research and development, disaggregated by nuclear weapons
production facility.
``(B) A breakdown of the percentage of research and
development conducted by each such facility that is plant-
directed research and development.
``(C) An explanation of how each such facility plans to
increase the availability and utilization of funds for plant-
directed research and development.
``(2) Plant-directed research and development defined.--In
this subsection, the term `plant-directed research and
development' means research and development selected by the
director of a nuclear weapons production facility.''.
______
SA 4651. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title XXXI, add the following:
SEC. 3157. LIMITATION ON USE OF FUNDS FOR NATIONAL NUCLEAR
SECURITY ADMINISTRATION FACILITY PLANT-DIRECTED
RESEARCH AND DEVELOPMENT.
Section 4811(c) of the Atomic Energy Defense Act (50 U.S.C.
2791(c)) is amended--
(1) by striking ``Of the funds'' and inserting the
following:
``(1) National security laboratories.-- Of the funds''; and
(2) adding at the end the following:
``(2) Nuclear weapons production facilities.--Of the funds
provided by the Department of Energy to a nuclear weapons
production facility, the Secretary may authorize a specific
amount not to exceed 5 percent of such funds, to be used by
the director of the facility for plant-directed research and
development.''.
______
SA 4652. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 3951 submitted by Mrs. Blackburn and intended
to be proposed to the amendment SA 3867 proposed by Mr. Reed to the
bill H.R. 4350, to authorize appropriations for fiscal year 2022 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 2, line 1, strike ``controlled'' and insert
``partially owned''.
On page 2, line 18, insert after ``subsection (a)'' the
following: ``, publish the determination in the Federal
Register, and submit that determination to the relevant
Federal agencies, including the Department of Commerce and
the Federal Communications Commission''.
______
SA 4653. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XXVIII, add the
following:
SEC. 2803. NAVY AND COAST GUARD SHIPYARD INFRASTRUCTURE
IMPROVEMENT.
(a) Appropriation.--
(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there is
appropriated, as an additional amount for ``Defense
Infrastructure Fund'', $25,350,000,000, to remain available
until expended, to improve, in accordance with subsection
(b), the Navy and Coast Guard shipyard infrastructure of the
United States.
(2) Supplement not supplant.--Amounts appropriated under
paragraph (1) shall supplement and not supplant other amounts
appropriated or otherwise made available for the purpose
described in paragraph (1).
(3) Emergency designation.--The amount appropriated under
paragraph (1) is designated by Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)).
(b) Use of Funds.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary of Defense shall
make the amounts appropriated under subsection (a) directly
available to the Secretary of the Navy and the Secretary of
Homeland Security for obligation and expenditure in
accordance with paragraph (2).
(2) Allocation of funds.--The amounts appropriated under
subsection (a) shall be allocated as follows:
(A) $21,000,000,000 for Navy public shipyard facilities,
dock, dry dock, capital equipment improvements, and dredging
efforts needed by such shipyards.
(B) $2,000,000,000 for Navy private new construction
shipyard facilities, dock, dry dock, capital equipment
improvements, and dredging efforts needed by such shipyards.
(C) $2,000,000,000 for Navy private repair shipyard
facilities, dock, dry dock, capital equipment improvements,
and dredging efforts needed by such shipyards.
(D) $350,000,000, which shall be transferred to the
Department of Homeland Security, for Coast Guard Yard
facilities, dock, dry dock, capital equipment improvements,
and dredging efforts needed by the shipyard.
(3) Projects in addition to other construction projects.--
Construction projects undertaken using amounts appropriated
under subsection (a) shall be in addition to and separate
from any military construction program authorized by any Act
to authorize appropriations for a fiscal year for military
activities of the Department of Defense and for military
construction.
(c) Definitions.--In this section:
(1) Coast guard yard.--The term ``Coast Guard Yard'' means
the Coast Guard Yard in Baltimore, Maryland.
(2) Navy public shipyard.--The term ``Navy public
shipyard'' means the following:
(A) The Norfolk Naval Shipyard, Virginia.
(B) The Pearl Harbor Naval Shipyard, Hawaii.
(C) The Portsmouth Naval Shipyard, Maine.
(D) The Puget Sound Naval Shipyard, Washington.
(3) Navy private new construction shipyard.--The term
``Navy private new construction shipyard''--
(A) means any shipyard in which one or more combatant or
support vessels included in the most recent plan submitted
under section 231 of title 10, United States Code, are being
built or are planned to be built; and
(B) includes vendors and suppliers of the shipyard building
or planning to build a combatant or support vessel.
(4) Navy private repair shipyard.--The term ``Navy private
repair shipyard''--
(A) means any shipyard that performs or is planned to
perform maintenance or modernization work on a combatant or
support vessel included in the most recent plan submitted
under section 231 of title 10, United States Code; and
[[Page S8202]]
(B) includes vendors and suppliers of the shipyard
performing or planning to perform maintenance or
modernization work on a combatant or support vessel.
______
SA 4654. Mr. SANDERS (for himself and Mr. Markey) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1004. REDUCTION IN TOTAL AUTHORIZED FUNDS.
The total amount authorized to be appropriated by this Act
is hereby reduced by $24,972,120,000.
______
SA 4655. Mr. CRUZ (for himself, Mr. Hagerty, Mr. Barrasso, and Mr.
Marshall) submitted an amendment intended to be proposed to amendment
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill
H.R. 4350, to authorize appropriations for fiscal year 2022 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. IMPOSITION OF SANCTIONS WITH RESPECT TO
ANSARALLAH.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the President shall--
(1) designate Ansarallah as a foreign terrorist
organization pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189); and
(2) impose, with respect to Ansarallah and any foreign
person the President determines is an official, agent, or
affiliate of Ansarallah, the sanctions applicable with
respect to a foreign person pursuant to Executive Order 13224
(50 U.S.C. 1701 note; relating to blocking property and
prohibiting transactions with persons who commit, threaten to
commit, or support terrorism).
(b) Determination Required.--Not later than 30 days after
the President makes the designation required by paragraph (1)
of subsection (a) and imposes the sanctions required by
paragraph (2) of that subsection, the President shall submit
to the Committees on Armed Services of the Senate the House
of Representatives a determination regarding whether the
following foreign persons are officials, agents, or
affiliates of Ansarallah:
(1) Abdul Malik al-Houthi.
(2) Abd al-Khaliq Badr al-Din al-Houthi.
(3) Abdullah Yahya al-Hakim.
(c) Ansarallah Defined.--In this section, the term
``Ansarallah'' means the movement known as Ansarallah, the
Houthi movement, or any other alias.
______
SA 4656. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 4133 submitted by Mr. Kaine and intended to be proposed to
the amendment SA 3867 proposed by Mr. Reed to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
On page 2, between lines 12 and 13, insert the following:
(3) Article II of the United States Constitution empowers
the President, as Commander-in-Chief, to direct the use of
military force to protect the Nation from an attack or threat
of imminent attack and to protect important national
interests, and the recent presidential administration held
that Article II authorizes ``the President to use force
against forces of Iran, a state responsible for conducting
and directing attacks against United States forces in the
[Middle East] region'' and for actions the purpose of which
are ``to end Iran's strategic escalation of attacks on, and
threats to United States interests,'' so the 2002 AUMF is not
independently required to authorize any such activities.
______
SA 4657. Mr. WARNOCK (for himself and Mrs. Blackburn) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, insert the
following:
SEC. 857. REPORT ON EFFECTS OF SEMICONDUCTOR CHIP SHORTAGE ON
DEPARTMENT OF DEFENSE.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Commerce, shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the effects of the
semiconductor chip shortage on the Department of Defense,
including the effects of the shortage on--
(1) current defense acquisition programs; and
(2) the ability of current and future defense acquisition
programs--
(A) to use state-of the-art semiconductor capabilities; and
(B) to incorporate state-of-the-art artificial intelligence
capabilities.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
______
SA 4658. Mr. WARNOCK (for himself and Mr. Ossoff) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title II, insert the
following:
SEC. ___. ADVANCED BATTLE MANAGEMENT SYSTEM RESEARCH AND
DEVELOPMENT.
(a) Sense of Congress.--It is the sense of Congress that
the Air Force should--
(1) continue development and fielding of the Advanced
Battle Management System (ABMS) and ground moving target
indication (GMTI) capability; and
(2) increase the ability of the Air Force to develop and
sustain air battle managers capable of conducting remote
battlefield command and control missions in support of the
National Defense Strategy.
(b) Research and Development.--
(1) In general.--The Secretary of the Air Force shall carry
out research and development activities relating to Advanced
Battle Management System to sustain and enhance ground moving
target indication and air battle management capabilities.
(2) Elements.--Research and development activities carried
out under paragraph (1) shall include the following:
(A) Identifying necessary associated aircraft,
technological platforms, personnel, functions, and necessary
associated units to enable remote command and control by air
battle managers.
(B) Identifying regional ecosystems with advantageous
supporting base structures and academic institutions that
would complement a central location for developing and
sustaining that air battle manager capability.
(C) Assessing the feasibility and advisability of
establishing an air battle manager center of excellence to be
the processing, exploitation, and dissemination hub of
development for the Advanced Battle Management System and
associated platforms, systems, aircraft, and functions.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees a report
on the Advanced Battle Management System.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) A timeline defining the breadth of the Advanced Battle
Management System program.
(B) An assessment of the feasibility and advisability of
establishing of an air battle manager center of excellence as
described in subsection (b)(2)(C).
______
SA 4659. Mr. HICKENLOOPER submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle D of title XXVIII, add the
following:
[[Page S8203]]
SEC. 2836. IDENTIFICATION OF ORGANIC INDUSTRIAL BASE GAPS AND
VULNERABILITIES RELATED TO CLIMATE CHANGE AND
DEFENSIVE CYBERSECURITY CAPABILITIES.
Section 2504(a)(3)(B) of title 10, United States Code, is
amended--
(1) by redesignating clauses (i), (ii), and (iii) as
clauses (ii), (iii), and (iv), respectively; and
(2) by inserting before clause (ii), as redesignated by
paragraph (1), the following new clause:
``(i) gaps and vulnerabilities related to--
``(I) current and projected impacts of climate change; and
``(II) defensive cybersecurity capabilities;''.
____________________