[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;''.

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