[Congressional Record Volume 167, Number 199 (Tuesday, November 16, 2021)]
[Senate]
[Pages S8245-S8314]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4660. 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:


[[Page S8246]]


  

        At the end of subtitle B of title XII, add the following:

     SEC. 1216. OPPOSITION TO ALLOCATION OF SPECIAL DRAWING RIGHTS 
                   BY INTERNATIONAL MONETARY FUND THAT WOULD 
                   BENEFIT TALIBAN.

       Section 6 of the Special Drawing Rights Act (22 U.S.C. 
     286q) is amended by adding at the end the following:
       ``(c) Opposition to Allocation of Special Drawing Rights 
     That Would Benefit Taliban.--
       ``(1) In general.--Unless Congress by law authorizes such 
     action, neither the President nor any person or agency shall 
     on behalf of the United States--
       ``(A) vote to allocate Special Drawing Rights under article 
     XVIII, sections 2 and 3, of the Articles of Agreement of the 
     Fund to Afghanistan if Afghanistan would receive Special 
     Drawing Rights under the allocation and the Taliban or any 
     associate of the Taliban would benefit from the allocation; 
     or
       ``(B) act as a counterparty, directly or indirectly, for 
     any exchange with the Government of Afghanistan of Special 
     Drawing Rights for currencies while the Government of 
     Afghanistan is controlled by the Taliban, is organized by the 
     Taliban, or is constituted so that the Taliban is part of 
     that Government.
       ``(2) Taliban defined.--In this subsection, the term 
     `Taliban' means the entity--
       ``(A) known as the Taliban and designated as a specially 
     designated global terrorist organization under Executive 
     Order 13224 (50 U.S.C. 1701 note; relating to blocking 
     property and prohibiting transactions with persons who 
     commit, threaten to commit, or support terrorism); or
       ``(B) a successor entity.''.
                                 ______
                                 
  SA 4661. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title XIV, add the following:

Subtitle D--Extraction and Processing of Defense Minerals in the United 
                                 States

     SEC. 1431. SHORT TITLE.

       This subtitle may be cited as the ``Restoring Essential 
     Energy and Security Holdings Onshore for Rare Earths and 
     Critical Minerals Act of 2021'' or the ``REEShore Critical 
     Minerals Act of 2021''.

     SEC. 1432. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Energy and Natural 
     Resources, the Committee on Commerce, Science, and 
     Transportation, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Natural Resources, the 
     Committee on Energy and Commerce, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (2) Critical mineral.--The term ``critical mineral'' has 
     the meaning given that term in section 7002(a) of the Energy 
     Act of 2020 (division Z of Public Law 116-260; 30 U.S.C. 
     1606(a)).
       (3) Defense mineral product.--The term ``defense mineral 
     product'' means any product--
       (A) formed or comprised of, or manufactured from, one or 
     more critical minerals; and
       (B) used in critical military defense technologies or other 
     related applications of the Department of Defense.
       (4) Processed or refined.--The term ``processed or 
     refined'' means any process by which a defense mineral is 
     extracted, separated, or otherwise manipulated to render the 
     mineral usable for manufacturing a defense mineral product.

     SEC. 1433. REPORT ON STRATEGIC CRITICAL MINERAL AND DEFENSE 
                   MINERAL PRODUCTS RESERVE.

       (a) Findings.--Congress finds that the storage of 
     substantial quantities of critical minerals and defense 
     mineral products will--
       (1) diminish the vulnerability of the United States to the 
     effects of a severe supply chain interruption; and
       (2) provide limited protection from the short-term 
     consequences of an interruption in supplies of defense 
     mineral products.
       (b) Sense of Congress.--It is the sense of Congress that, 
     in procuring critical minerals and defense mineral products, 
     the Secretary of Defense should prioritize procurement of 
     critical minerals and defense mineral products from sources 
     in the United States, including that are mined, produced, 
     separated, and manufactured within the United States.
       (c) Report Required.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of the Interior, 
     acting through the United States Geologic Survey, and the 
     Secretary of Defense, in consultation with the Secretary of 
     Homeland Security, the Director of the Cybersecurity and 
     Infrastructure Security Agency, and the Director of National 
     Intelligence, shall jointly submit to the appropriate 
     congressional committees a report--
       (A) describing the existing authorities and funding levels 
     of the Federal Government to stockpile critical minerals and 
     defense mineral products;
       (B) assessing whether those authorities and funding levels 
     are sufficient to meet the requirements of the United States; 
     and
       (C) including recommendations to diminish the vulnerability 
     of the United States to disruptions in the supply chains for 
     critical minerals and defense mineral products through 
     changes to policy, procurement regulation, or existing law, 
     including any additional statutory authorities that may be 
     needed.
       (2) Considerations.--In developing the report required by 
     paragraph (1), the Secretary of the Interior, the Secretary 
     of Defense, the Secretary of Commerce, the Secretary of 
     Homeland Security, the Director of the Cybersecurity and 
     Infrastructure Security Agency, and the Director of National 
     Intelligence shall take into consideration the needs of the 
     Armed Forces of the United States, the intelligence community 
     (as defined in section 3(4) of the National Security Act of 
     1947 (50 U.S.C. 3003(4))), the defense industrial and 
     technology sectors, and any places, organizations, physical 
     infrastructure, or digital infrastructure designated as 
     critical to the national security of the United States.

     SEC. 1434. REPORT ON DISCLOSURES CONCERNING CRITICAL MINERALS 
                   BY CONTRACTORS OF DEPARTMENT OF DEFENSE.

       (a) Report Required.--Not later than December 31, 2022, the 
     Secretary of Defense, after consultation with the Secretary 
     of Commerce, the Secretary of State, and the Secretary of the 
     Interior, shall submit to the appropriate congressional 
     committees a report that includes--
       (1) a review of the existing disclosure requirements with 
     respect to the provenance of magnets used within defense 
     mineral products;
       (2) a review of the feasibility of imposing a requirement 
     that any contractor of the Department of Defense provide a 
     disclosure with respect to any system with a defense mineral 
     product that is a permanent magnet, including an 
     identification of the country or countries in which--
       (A) the critical minerals used in the magnet were mined;
       (B) the critical minerals were refined into oxides;
       (C) the critical minerals were made into metals and alloys; 
     and
       (D) the magnet was sintered or bonded and magnetized; and
       (3) recommendations to Congress for implementing such a 
     requirement, including methods to ensure that any tracking or 
     provenance system is independently verifiable.

     SEC. 1435. REPORT ON PROHIBITION ON ACQUISITION OF DEFENSE 
                   MATERIALS FROM NON-ALLIED FOREIGN NATIONS.

       The Secretary of Defense shall study and submit to the 
     appropriate congressional committees a report on the 
     potential impacts of imposing a restriction that, for any 
     contract entered into or renewed on or after December 31, 
     2026, for the procurement of a system the export of which is 
     restricted or controlled under the Arms Export Control Act 
     (22 U.S.C. 2751 et seq.), no critical minerals processed or 
     refined in the People's Republic of China may be included in 
     the system.

     SEC. 1436. PRODUCTION IN AND USES OF CRITICAL MINERALS BY 
                   UNITED STATES ALLIES.

       (a) Policy.--It shall be the policy of the United States to 
     encourage countries that are allies of the United States to 
     eliminate their dependence on non-allied countries for 
     critical minerals to the maximum extent practicable.
       (b) Report Required.--Not later than December 31, 2022, and 
     annually thereafter, the Secretary of Defense, in 
     coordination with the Secretary of State, shall submit to the 
     appropriate congressional committees a report--
       (1) describing in detail the discussions of such 
     Secretaries with countries that are allies of the United 
     States concerning supply chain security for critical 
     minerals;
       (2) assessing the likelihood of those countries 
     discontinuing the use of critical minerals from foreign 
     entities of concern (as defined in section 9901(6) of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (15 U.S.C. 4651(6))) or countries 
     that such Secretaries deem to be of concern; and
       (3) assessing initiatives in other countries to increase 
     critical mineral mining and production capabilities.
                                 ______
                                 
  SA 4662. 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

[[Page S8247]]

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. 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 of Homeland Security, 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.
                                 ______
                                 
  SA 4663. Mr. BLUMENTHAL (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title VI, insert the 
     following:

  Subtitle __--Arbitration Rights of Members of the Armed Forces and 
                                Veterans

     SEC. 6___. SHORT TITLE.

       This subtitle may be cited as the ``Justice for 
     Servicemembers Act of 2021''.

     SEC. 6___. PURPOSES.

       The purposes of this subtitle are--
       (1) to prohibit predispute arbitration agreements that 
     force arbitration of disputes arising from claims brought 
     under chapter 43 of title 38, United States Code, or the 
     Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.); and
       (2) to prohibit agreements and practices that interfere 
     with the right of persons to participate in a joint, class, 
     or collective action related to disputes arising from claims 
     brought under the provisions of the laws described in 
     paragraph (1).

     SEC. 6___. ARBITRATION OF DISPUTES INVOLVING THE RIGHTS OF 
                   SERVICEMEMBERS AND VETERANS.

       (a) In General.--Title 9, United States Code, is amended by 
     adding at the end the following:

     ``CHAPTER 4--ARBITRATION OF SERVICEMEMBER AND VETERAN DISPUTES

``Sec.
``401. Definitions.
``402. No validity or enforceability.

     ``Sec. 401. Definitions

       ``In this chapter:
       ``(1) Predispute arbitration agreement.--The term 
     `predispute arbitration agreement' means an agreement to 
     arbitrate a dispute that has not yet arisen at the time of 
     the making of the agreement.
       ``(2) Predispute joint-action waiver.--The term `predispute 
     joint-action waiver' means an agreement, whether or not part 
     of a predispute arbitration agreement, that would prohibit, 
     or waive the right of, one of the parties to the agreement to 
     participate in a joint, class, or collective action in a 
     judicial, arbitral, administrative, or other forum, 
     concerning a dispute that has not yet arisen at the time of 
     the making of the agreement.

     ``Sec. 402. No validity or enforceability

       ``(a) In General.--Notwithstanding any other provision of 
     this title, no predispute arbitration agreement or predispute 
     joint-action waiver shall be valid or enforceable with 
     respect to a dispute relating to disputes arising under 
     chapter 43 of title 38 or the Servicemembers Civil Relief Act 
     (50 U.S.C. 3901 et seq.).
       ``(b) Applicability.--
       ``(1) In general.--An issue as to whether this chapter 
     applies with respect to a dispute shall be determined under 
     Federal law. The applicability of this chapter to an 
     agreement to arbitrate and the validity and enforceability of 
     an agreement to which this chapter applies shall be 
     determined by a court, rather than an arbitrator, 
     irrespective of whether the party resisting arbitration 
     challenges the arbitration agreement specifically or in 
     conjunction with other terms of the contract containing such 
     agreement, and irrespective of whether the agreement purports 
     to delegate such determinations to an arbitrator.
       ``(2) Collective bargaining agreements.--Nothing in this 
     chapter shall apply to any arbitration provision in a 
     contract between an employer and a labor organization or 
     between labor organizations, except that no such arbitration 
     provision shall have the effect of waiving the right of a 
     worker to seek judicial enforcement of a right arising under 
     a provision of the Constitution of the United States, a State 
     constitution, or a Federal or State statute, or public policy 
     arising therefrom.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--Title 9, United States Code, is amended--
       (A) in section 1 by striking ``of seamen,'' and all that 
     follows through ``interstate commerce'' and inserting 
     ``persons and causes of action under chapter 43 of title 38 
     or the Servicemembers Civil Relief Act (50 U.S.C. 3901 et 
     seq.)'';
       (B) in section 2 by inserting ``or as otherwise provided in 
     chapter 4'' before the period at the end;
       (C) in section 208--
       (i) in the section heading, by striking ``Chapter 1; 
     residual application'' and inserting ``Application''; and
       (ii) by adding at the end the following: ``This chapter 
     applies to the extent that this chapter is not in conflict 
     with chapter 4.''; and
       (D) in section 307--
       (i) in the section heading, by striking ``Chapter 1; 
     residual application'' and inserting ``Application''; and
       (ii) by adding at the end the following: ``This chapter 
     applies to the extent that this chapter is not in conflict 
     with chapter 4.''.
       (2) Table of sections.--
       (A) Chapter 2.--The table of sections for chapter 2 of 
     title 9, United States Code, is amended by striking the item 
     relating to section 208 and inserting the following:

``208. Application.''.
       (B) Chapter 3.--The table of sections for chapter 3 of 
     title 9, United States Code, is amended by striking the item 
     relating to section 307 and inserting the following:

``307. Application.''.
       (3) Table of chapters.--The table of chapters of title 9, 
     United States Code, is amended by adding at the end the 
     following:

``4. Arbitration of servicemember and veteran disputes.......401''.....

     SEC. 6___. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS 
                   UNDER SERVICEMEMBERS CIVIL RELIEF ACT.

       (a) Amendments.--Section 107(a) of the Servicemembers Civil 
     Relief Act (50 U.S.C. 3918(a)) is amended--
       (1) in the second sentence, by inserting ``and if it is 
     made after a specific dispute has arisen and the dispute is 
     identified in the waiver'' before the period at the end; and
       (2) in the third sentence by inserting ``and if it is made 
     after a specific dispute has arisen and the dispute is 
     identified in the waiver'' before the period at the end.
       (b) Application of Amendments.--The amendments made by 
     subsection (a) shall apply with respect to waivers made on or 
     after the date of the enactment of this Act.

     SEC. 6___. APPLICABILITY.

       This subtitle, and the amendments made by this subtitle, 
     shall apply with respect to any dispute or claim that arises 
     or accrues on or after the date of the enactment of this Act.
                                 ______
                                 
  SA 4664. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle D of title VIII, add the following:

     SEC. 844. UNFUNDED SMALL BUSINESS INNOVATION RESEARCH 
                   PROJECTS.

       (a) In General.--Not later than 10 days after the date on 
     which the budget of the President for a fiscal year is 
     submitted to Congress pursuant to section 1105 of title 31, 
     United States Code, each Secretary of a military department 
     and the Under Secretary of Defense for Research and 
     Engineering shall submit to the Secretary of Defense, the 
     Chairman of the Joint Chiefs of Staff, and the congressional 
     defense committees a report on unfunded priorities of the 
     Department of Defense related to high priority Small Business 
     Innovation Research and Small Business Technology Transfer 
     projects.
       (b) Elements.--
       (1) In general.--Each report under subsection (a) shall 
     include identification of not more than five unfunded 
     priority projects, with information for each project covered 
     by such report, including the following information:
       (A) A summary description of such priority, including the 
     objectives to be achieved if such priority were to be funded 
     (whether in whole or in part).
       (B) The additional amount of funds recommended in 
     connection with the objectives identified under subparagraph 
     (A).
       (C) Account information with respect to such priority, 
     including, as applicable, the following:

[[Page S8248]]

       (i) Line item number, in the case of applicable procurement 
     accounts.
       (ii) Program element number, in the case of applicable 
     research, development, test, and evaluation accounts.
       (iii) Sub-activity group, in the case of applicable 
     operation and maintenance accounts.
       (2) Priority order.--Each Secretary shall ensure that the 
     unfunded priorities covered by a report under subsection (a) 
     are listed in the order of urgency of priority, as determined 
     by the Under Secretary.
       (c) Unfunded Priority Defined.--In this section, the term 
     ``unfunded priority'', with respect to a fiscal year, means a 
     project related to a successful project funded under Phase 
     Two of the Small Business Innovation Research or Small 
     Business Technology Transfer program that--
       (1) is not funded in the budget of the President for that 
     fiscal year, as submitted to Congress pursuant to section 
     1105 of title 31, United States Code;
       (2) has the potential to--
       (A) advance the national security capabilities of the 
     United States;
       (B) provide new technologies or processes, or new 
     applications of existing technologies, that will enable new 
     alternatives to existing programs; and
       (C) provide future cost savings; and
       (3) would have been recommended for funding through the 
     budget referred to in paragraph (1) if--
       (A) additional resources had been available for the budget 
     to fund the program, activity, or mission requirement; or
       (B) the program, activity, or mission requirement had 
     emerged before the budget was formulated.
                                 ______
                                 
  SA 4665. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle E of title VIII, add the following:

     SEC. 857. AIR FORCE STRATEGY FOR ACQUISITION OF COMBAT RESCUE 
                   AIRCRAFT AND EQUIPMENT.

       The Secretary of the Air Force shall submit to the 
     congressional defense committees a strategy for the 
     Department of the Air Force for the acquisition of combat 
     rescue aircraft and equipment that aligns with the stated 
     capability and capacity requirements of the Air Force to meet 
     the national defense strategy (required under section 113(g) 
     of title 10, United States Code), taking into account 
     regional strategies such as those relating to the Indo-
     Pacific and Arctic regions.
                                 ______
                                 
  SA 4666. Mr. SULLIVAN (for himself, Mr. King, and Ms. Hirono) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle E of title XII, add the following:

     SEC. 1253. BRIEFING ON PROGRAMMING AND BUDGETING FOR THE 
                   PACIFIC DETERRENCE INITIATIVE.

       (a) Briefing.--Not later than 60 days after the date of the 
     enactment of this Act, the Deputy Secretary of Defense shall 
     provide to the congressional defense committees a briefing on 
     the processes and guidance used to program and budget for the 
     Pacific Deterrence Initiative, including--
       (1) the allocation of fiscal toplines in the program 
     objective memorandum process to support the Pacific 
     Deterrence Initiative at the outset of the process;
       (2) the role of the combatant commanders in setting 
     requirements for the Pacific Deterrence Initiative;
       (3) the role of the military departments and other 
     components of the Armed Forces in proposing programmatic 
     options to meet such requirements; and
       (4) the role of the combatant commanders, the military 
     departments and other components of the Armed Forces, the 
     Cost Assessment and Program Evaluation Office, and the Deputy 
     Secretary of Defense in adjudicating requirements and 
     programmatic options--
       (A) before the submission of the program objective 
     memorandum for the Pacific Deterrence Initiative; and
       (B) during program review.
       (b) Guidance.--In establishing program objective memorandum 
     guidance for fiscal year 2024, the Deputy Secretary of 
     Defense shall ensure that the processes and guidance used to 
     program and budget the Pacific Deterrence Initiative align, 
     as appropriate, with the processes and guidance used to 
     program and budget for the European Deterrence Initiative, 
     including through the allocation of fiscal toplines for each 
     such initiative in the fiscal year 2024 process.
                                 ______
                                 
  SA 4667. Mr. SULLIVAN (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle F of title X, add the following:

     SEC. 1054. REPORT ON EFFORTS OF COMBATANT COMMANDS TO COMBAT 
                   THREATS POSED BY ILLEGAL, UNREPORTED, AND 
                   UNREGULATED FISHING.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Navy, in 
     consultation with the Chief of Naval Research, the chair and 
     deputy chairs of the Interagency Working Group on IUU 
     Fishing, and the heads of other relevant agencies, as 
     determined by the Secretary, shall submit to the appropriate 
     committees of Congress a report on the maritime domain 
     awareness efforts of the combatant commands to combat the 
     threats posed by illegal, unreported, and unregulated 
     fishing.
       (b) Elements.--The report required by subsection (a) shall 
     include a detailed summary of each of the following for each 
     combatant command:
       (1) Activities undertaken as of the date on which the 
     report is submitted to combat the threats posed by illegal, 
     unreported, and unregulated fishing in the geographic area of 
     the combatant command, including the steps taken to build the 
     capacity of partners to combat those threats.
       (2) Coordination among the United States Armed Forces, 
     partner countries, and public-private partnerships to combat 
     the threats described in paragraph (1).
       (3) Efforts undertaken to support unclassified data 
     integration, analysis, and delivery with regional partners to 
     combat the threats described in paragraph (1).
       (4) Information sharing and coordination with efforts of 
     the Interagency Working Group on IUU Fishing.
       (5) Best practices and lessons learned from ongoing and 
     previous efforts relating to the threats described in 
     paragraph (1), including strategies for coordination and 
     successes in public-private partnerships.
       (6) Limitations related to affordability, resource 
     constraints, or other gaps or factors that constrain the 
     success or expansion of efforts related to the threats 
     described in paragraph (1).
       (7) Any new authorities needed to support efforts to combat 
     the threats described in paragraph (1).
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) Committee on Armed Services, the Committee on Commerce, 
     Science, and Transportation, the Committee on Foreign 
     Relations, and the Committee on Appropriations of the Senate; 
     and
       (B) the Committee on Armed Services, the Committee on 
     Natural Resources, the Committee on Transportation and 
     Infrastructure, the Committee on Foreign Affairs, and the 
     Committee on Appropriations of the House of Representatives.
       (2) Interagency working group on iuu fishing.--The term 
     ``Interagency Working Group on IUU Fishing'' means the 
     working group established by section 3551 of the Maritime 
     Security and Fisheries Enforcement Act (16 U.S.C. 8031).
                                 ______
                                 
  SA 4668. Mr. CRUZ (for himself, Mrs. Gillibrand, Ms. Murkowski, Mr. 
Coons, Mr. Cramer, Mr. Hawley, Mr. Marshall, Mr. Lujan, Ms. Baldwin, 
Mr. Bennet, 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 E of title V, add the following:

     SEC. 576. PROHIBITION ON LIMITING OF CERTAIN PARENTAL 
                   GUARDIANSHIP RIGHTS OF CADETS AND MIDSHIPMEN.

       (a) Prohibition.--
       (1) In general.--The Secretary of Defense, the Secretary of 
     Homeland Security, and the Secretary of Transportation, in 
     consultation with the Secretaries of the military departments 
     and the Superintendent of each Federal service academy, as 
     appropriate, shall prescribe in regulations policies that 
     include the option to preserve parental guardianship

[[Page S8249]]

     rights of cadets and midshipmen are protected consistent with 
     individual and academic responsibilities.
       (2) Development of policy to protect parental rights.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense, the 
     Secretary of Homeland Security, and the Secretary of 
     Transportation shall implement a policy that includes the 
     option to preserve the parental rights of Federal service 
     academy students who become pregnant or father a child while 
     attending a Federal service academy.
       (B) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense, the 
     Secretary of Homeland Security, and the Secretary of 
     Transportation shall submit to the congressional defense 
     committees a report on the legislative changes needed to 
     support the policy developed pursuant to paragraph (1).
       (3) Options for pregnant cadets and midshipmen.--The 
     regulations prescribed under paragraph (1) shall provide that 
     females who become pregnant while enrolled at a Federal 
     service academy shall have, at a minimum, the following 
     options to be elected by the cadet or midshipman:
       (A) At the conclusion of the current semester or when 
     otherwise deemed medically appropriate, the individual may 
     take an unpaid leave of absence from the Federal service 
     academy for up to one year followed by a return to full cadet 
     or midshipman status (if remaining otherwise qualified).
       (B) Seek a transfer to a university with a Reserve Officer 
     Training Program for military service under the military 
     department concerned.
       (C) Full release from the Federal service academy and any 
     service or financially related obligations, regardless of 
     commitment status.
       (D) Enlistment in military active-duty service, with all of 
     the attendant benefits.
       (4) Treatment of males who father a child while enrolled at 
     a federal service academy.--The regulations prescribed under 
     paragraph (1) shall provide for the following policies 
     regarding males who may father a child while enrolled at a 
     Federal service academy:
       (A) Academy leadership shall establish policies to allow 
     cadets and midshipmen at least two weeks of leave to attend 
     the birth, which must be used in conjunction with the birth; 
     and
       (B) The academy shall provide the father the same options 
     available to a cadet or midshipman who becomes a mother while 
     enrolled by selecting one of the options outlined in 
     subparagraphs (B) and (C) of paragraph (3).
       (b) Rule of Construction.--Nothing in this section shall be 
     construed as requiring or providing for the changing of 
     admission requirements at any of the Federal service 
     academies.
       (c) Federal Service Academy Defined.--In this section, the 
     term ``Federal service academy'' means the following:
       (1) The United States Military Academy, West Point, New 
     York.
       (2) The United States Naval Academy, Annapolis, Maryland.
       (3) The United States Air Force Academy, Colorado Springs, 
     Colorado.
       (4) The United States Coast Guard Academy, New London, 
     Connecticut.
       (5) The United States Merchant Marine Academy, Kings Point, 
     New York.
                                 ______
                                 
  SA 4669. Mr. TOOMEY (for himself and Mr. Cardin) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

                       Subtitle H--Iran Sanctions

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Masih Alinejad 
     Harassment and Unlawful Targeting Act of 2021'' or the 
     ``Masih Alinejad HUNT Act''.

     SEC. 1292. FINDINGS.

       Congress finds that the Government of the Islamic Republic 
     of Iran surveils, harasses, terrorizes, tortures, abducts, 
     and murders individuals who peacefully defend human rights 
     and freedoms in Iran, and innocent entities and individuals 
     considered by the Government of Iran to be enemies of that 
     regime, including United States citizens on United States 
     soil, and takes foreign nationals hostage, including in the 
     following instances:
       (1) In 2021, Iranian intelligence agents were indicted for 
     plotting to kidnap United States citizen, women's rights 
     activist, and journalist Masih Alinejad, from her home in New 
     York City, in retaliation for exercising her rights under the 
     First Amendment to the Constitution of the United States. 
     Iranian agents allegedly spent at least approximately half a 
     million dollars to capture the outspoken critic of the 
     authoritarianism of the Government of Iran, and studied 
     evacuating her by military-style speedboats to Venezuela 
     before rendition to Iran.
       (2) Prior to the New York kidnapping plot, Ms. Alinejad's 
     family in Iran was instructed by authorities to lure Ms. 
     Alinejad to Turkey. In an attempt to intimidate her into 
     silence, the Government of Iran arrested 3 of Ms. Alinejad's 
     family members in 2019, and sentenced her brother to 8 years 
     in prison for refusing to denounce her.
       (3) According to Federal prosecutors, the same Iranian 
     intelligence network that allegedly plotted to kidnap Ms. 
     Alinejad is also targeting critics of the Government of Iran 
     who live in Canada, the United Kingdom, and the United Arab 
     Emirates.
       (4) In 2021, an Iranian diplomat was convicted in Belgium 
     of attempting to carry out a 2018 bombing of a dissident 
     rally in France.
       (5) In 2021, a Danish high court found a Norwegian citizen 
     of Iranian descent guilty of illegal espionage and complicity 
     in a failed plot to kill an Iranian Arab dissident figure in 
     Denmark.
       (6) In 2021, the British Broadcasting Corporation (BBC) 
     appealed to the United Nations to protect BBC Persian 
     employees in London who suffer regular harassment and threats 
     of kidnapping by Iranian government agents.
       (7) In 2021, 15 militants allegedly working on behalf of 
     the Government of Iran were arrested in Ethiopia for plotting 
     to attack citizens of Israel, the United States, and the 
     United Arab Emirates, according to United States officials.
       (8) In 2020, Iranian agents allegedly kidnapped United 
     States resident and Iranian-German journalist Jamshid 
     Sharmahd, while he was traveling to India through Dubai. 
     Iranian authorities announced they had seized Mr. Sharmahd in 
     ``a complex operation'', and paraded him blindfolded on state 
     television. Mr. Sharmahd is arbitrarily detained in Iran, 
     allegedly facing the death penalty. In 2009, Mr. Sharmahd was 
     the target of an alleged Iran-directed assassination plot in 
     Glendora, California.
       (9) In 2020, the Government of Turkey released 
     counterterrorism files exposing how Iranian authorities 
     allegedly collaborated with drug gangs to kidnap Habib Chabi, 
     an Iranian-Swedish activist for Iran's Arab minority. In 
     2020, the Government of Iran allegedly lured Mr. Chabi to 
     Istanbul through a female agent posing as a potential lover. 
     Mr. Chabi was then allegedly kidnapped from Istanbul, and 
     smuggled into Iran where he faces execution, following a sham 
     trial.
       (10) In 2020, a United States-Iranian citizen and an 
     Iranian resident of California pleaded guilty to charges of 
     acting as illegal agents of the Government of Iran by 
     surveilling Jewish student facilities, including the Hillel 
     Center and Rohr Chabad Center at the University of Chicago, 
     in addition to surveilling and collecting identifying 
     information about United States citizens and nationals who 
     are critical of the Iranian regime.
       (11) In 2019, 2 Iranian intelligence officers at the 
     Iranian consulate in Turkey allegedly orchestrated the 
     assassination of Iranian dissident journalist Masoud Molavi 
     Vardanjani, who was shot while walking with a friend in 
     Istanbul. Unbeknownst to Mr. Molavi, his ``friend'' was in 
     fact an undercover Iranian agent and the leader of the 
     killing squad, according to a Turkish police report.
       (12) In 2019, around 1,500 people were allegedly killed 
     amid a less than 2 week crackdown by security forces on anti-
     government protests across Iran, including at least an 
     alleged 23 children and 400 women.
       (13) In 2019, Iranian operatives allegedly lured Paris-
     based Iranian journalist Ruhollah Zam to Iraq, where he was 
     abducted, and hanged in Iran for sedition.
       (14) In 2019, a Kurdistan regional court convicted an 
     Iranian female for trying to lure Voice of America reporter 
     Ali Javanmardi to a hotel room in Irbil, as part of a foiled 
     Iranian intelligence plot to kidnap and extradite Mr. 
     Javanmardi, a critic of the Government of Iran.
       (15) In 2019, Federal Bureau of Investigation agents 
     visited the rural Connecticut home of Iran-born United States 
     author and poet Roya Hakakian to warn her that she was the 
     target of an assassination plot orchestrated by the 
     Government of Iran.
       (16) In 2019, the Government of Denmark accused the 
     Government of Iran of directing the assassination of Iranian 
     Arab activist Ahmad Mola Nissi, in The Hague, and the 
     assassination of another opposition figure, Reza Kolahi 
     Samadi, who was murdered near Amsterdam in 2015.
       (17) In 2018, German security forces searched for 10 
     alleged spies who were working for Iran's al-Quds Force to 
     collect information on targets related to the local Jewish 
     community, including kindergartens.
       (18) In 2017, Germany convicted a Pakistani man for working 
     as an Iranian agent to spy on targets including a former 
     German lawmaker and a French-Israeli economics professor.
       (19) In 2012, an Iranian American pleaded guilty to 
     conspiring with members of the Iranian military to bomb a 
     popular Washington, D.C., restaurant with the aim of 
     assassinating the ambassador of Saudi Arabia to the United 
     States.
       (20) In 1996, agents of the Government of Iran allegedly 
     assassinated 5 Iranian dissident exiles across Turkey, 
     Pakistan, and Baghdad, over a 5-month period that year.
       (21) In 1992, the Foreign and Commonwealth Office of the 
     United Kingdom expelled 2 Iranians employed at the Iranian 
     Embassy in London and a third Iranian on a

[[Page S8250]]

     student visa amid allegations they were plotting to kill 
     Indian-born British American novelist Salman Rushdie, 
     pursuant to the fatwa issued by then supreme leader of Iran, 
     Ayatollah Ruhollah Khomeini.
       (22) In 1992, 4 Iranian Kurdish dissidents were 
     assassinated at a restaurant in Berlin, Germany, allegedly by 
     Iranian agents.
       (23) In 1992, singer, actor, poet, and gay Iranian 
     dissident Fereydoun Farrokhzad was found dead with multiple 
     stab wounds in his apartment in Germany. His death is 
     allegedly the work of Iran-directed agents.
       (24) In 1980, Ali Akbar Tabatabaei, a leading critic of 
     Iran and then president of the Iran Freedom Foundation, was 
     murdered in front of his Bethesda, Maryland, home by an 
     assassin disguised as a postal courier. The Federal Bureau of 
     Investigation had identified the ``mailman'' as Dawud 
     Salahuddin, born David Theodore Belfield. Mr. Salahuddin was 
     working as a security guard at an Iranian interest office in 
     Washington, D.C., when he claims he accepted the assignment 
     and payment of $5,000 from the Government of Iran to kill Mr. 
     Tabatabaei.
       (25) Other exiled Iranian dissidents alleged to have been 
     victims of the Government of Iran's murderous 
     extraterritorial campaign include Shahriar Shafiq, Shapour 
     Bakhtiar, and Gholam Ali Oveissi.
       (26) Iranian Americans face an ongoing campaign of 
     intimidation both in the virtual and physical world by agents 
     and affiliates of the Government of Iran, which aims to 
     stifle freedom of expression and eliminate the threat Iranian 
     authorities believe democracy, justice, and gender equality 
     pose to their rule.

     SEC. 1293. DEFINITIONS.

       In this subtitle:
       (1) Admission; admitted; alien.--The terms ``admission'', 
     ``admitted'', and ``alien'' have the meanings given those 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and 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.
       (3) Correspondent account; payable-through account.--The 
     terms ``correspondent account'' and ``payable-through 
     account'' have the meanings given those terms in section 
     5318A of title 31, United States Code.
       (4) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning of that term as 
     determined by the Secretary of the Treasury pursuant to 
     section 104(i) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 
     8513(i)).
       (5) Foreign person.--The term ``foreign person'' means any 
     individual or entity that is not a United States person.
       (6) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 1294. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT IN 
                   ABUSES TOWARD DISSIDENTS ON BEHALF OF THE 
                   GOVERNMENT OF IRAN.

       (a) Report Required.--
       (1) In general.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of the Treasury, the Director 
     of National Intelligence, and the Attorney General, shall 
     submit to the appropriate congressional committees a report 
     that--
       (A) includes a detailed description and assessment of--
       (i) the state of human rights and the rule of law inside 
     Iran, including the rights and well-being of women, religious 
     and ethnic minorities, and the LGBTQ community in Iran;
       (ii) actions taken by the Government of Iran during the 
     year preceding submission of the report to target and silence 
     dissidents both inside and outside of Iran who advocate for 
     human rights inside Iran;
       (iii) the methods used by the Government of Iran to target 
     and silence dissidents both inside and outside of Iran; and
       (iv) the means through which the Government of Iran 
     finances efforts to target and silence dissidents both inside 
     and outside of Iran;
       (B) identifies foreign persons working as part of the 
     Government of Iran or acting on behalf of that Government 
     (including members of paramilitary organizations such as 
     Ansar-e-Hezbollah and Basij-e Mostaz'afin), that the 
     Secretary of State determines, based on credible evidence, 
     are knowingly responsible for, complicit in or involved in 
     ordering, conspiring, planning or implementing the 
     surveillance, harassment, kidnapping, illegal extradition, 
     imprisonment, torture, killing, or assassination of citizens 
     of Iran (including citizens of Iran of dual nationality) and 
     citizens of the United States both inside and outside Iran 
     who seek--
       (i) to expose illegal or corrupt activity carried out by 
     officials of the Government of Iran;
       (ii) to obtain, exercise, defend, or promote 
     internationally recognized human rights and freedoms, such as 
     the freedoms of religion, expression, association, and 
     assembly, and the rights to a fair trial and democratic 
     elections, in Iran; or
       (iii) to obtain, exercise, defend, or promote the rights 
     and well-being of women, religious and ethnic minorities, and 
     the LGBTQ community in Iran; and
       (C) includes, for each foreign person identified 
     subparagraph (B), a clear explanation for why the foreign 
     person was so identified.
       (2) Updates of report.--The report required by paragraph 
     (1) shall be updated, and the updated version submitted to 
     the appropriate congressional committees, during the 10-year 
     period following the date of the enactment of this Act--
       (A) not less frequently than annually; and
       (B) with respect to matters relating to the identification 
     of foreign persons under paragraph (1)(B), on an ongoing 
     basis as new information becomes available.
       (3) Form of report.--
       (A) In general.--Each report required by paragraph (1) and 
     each update required by paragraph (2) shall be submitted in 
     unclassified form but may include a classified annex.
       (B) Public availability.--The Secretary of State shall post 
     the unclassified portion of each report required by paragraph 
     (1) and each update required by paragraph (2) on a publicly 
     available internet website of the Department of State.
       (b) Imposition of Sanctions.--In the case of a foreign 
     person identified under paragraph (1)(B) of subsection (a) in 
     the most recent report or update submitted under that 
     subsection, the President shall--
       (1) if the foreign person meets the criteria for the 
     imposition of sanctions under subsection (a) of section 1263 
     of the Global Magnitsky Human Rights Accountability Act 
     (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 
     2656 note), impose sanctions under subsection (b) of that 
     section; and
       (2) if the foreign person does not meet such criteria, 
     impose the sanctions described in subsection (c).
       (c) Sanctions Described.--The sanctions to be imposed under 
     this subsection with respect to a foreign person are the 
     following:
       (1) Blocking of property.--The President shall exercise all 
     powers granted to the President by the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
     extent necessary to block and prohibit all transactions in 
     all property and interests in property of the person if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) In general.--
       (i) Visas, admission, or parole.--An alien described in 
     subsection (a)(1)(B) is--

       (I) inadmissible to the United States;
       (II) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (III) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

       (ii) Current visas revoked.--

       (I) In general.--The visa or other entry documentation of 
     an alien described in subsection (a)(1)(B) shall be revoked, 
     regardless of when such visa or other entry documentation is 
     or was issued.
       (II) Immediate effect.--A revocation under subclause (I) 
     shall--

       (aa) take effect immediately; and
       (bb) automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.
       (d) Termination of Sanctions.--The President may terminate 
     the application of sanctions under this section with respect 
     to a person if the President determines and reports to the 
     appropriate congressional committees, not later than 15 days 
     before the termination of the sanctions that--
       (1) credible information exists that the person did not 
     engage in the activity for which sanctions were imposed;
       (2) the person has been prosecuted appropriately for the 
     activity for which sanctions were imposed; or
       (3) the person has--
       (A) credibly demonstrated a significant change in behavior;
       (B) has paid an appropriate consequence for the activity 
     for which sanctions were imposed; and
       (C) has credibly committed to not engage in an activity 
     described in subsection (a) in the future.

     SEC. 1295. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   FOREIGN FINANCIAL INSTITUTIONS CONDUCTING 
                   SIGNIFICANT TRANSACTIONS WITH PERSONS 
                   RESPONSIBLE FOR OR COMPLICIT IN ABUSES TOWARD 
                   DISSIDENTS ON BEHALF OF THE GOVERNMENT OF IRAN.

       (a) Report Required.--
       (1) In general.--Not earlier than 30 days and not later 
     than 60 days after the Secretary of State submits to the 
     appropriate congressional committees a report required by 
     section 1294(a), the Secretary of the Treasury, in 
     consultation with the Secretary of State, shall submit to the 
     appropriate congressional committees a report that identifies 
     any foreign financial institution that knowingly conducts a 
     significant transaction with a foreign person identified in 
     the report submitted under section 1294(a).

[[Page S8251]]

       (2) Form of report.--
       (A) In general.--Each report required by paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (B) Public availability.--The Secretary of the Treasury 
     shall post the unclassified portion of each report required 
     by paragraph (1) on a publicly available internet website of 
     the Department of the Treasury.
       (b) Imposition of Sanctions.--The Secretary of the Treasury 
     may prohibit the opening, or prohibit or impose strict 
     conditions on the maintaining, in the United States of a 
     correspondent account or a payable-through account by a 
     foreign financial institution identified under subsection 
     (a)(1).

     SEC. 1296. EXCEPTIONS; WAIVERS; IMPLEMENTATION.

       (a) Exceptions.--
       (1) Exception for intelligence, law enforcement, and 
     national security activities.--Sanctions under sections 1294 
     and 1295 shall not apply to any authorized intelligence, law 
     enforcement, or national security activities of the United 
     States.
       (2) Exception to comply with united nations headquarters 
     agreement.--Sanctions under section 1294(c)(2) shall not 
     apply with respect to the admission of an alien to the United 
     States if the admission of the alien is necessary to permit 
     the United States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States, the 
     Convention on Consular Relations, done at Vienna April 24, 
     1963, and entered into force March 19, 1967, or other 
     applicable international obligations.
       (3) Exception relating to importation of goods.--
       (A) In general.--Notwithstanding any other provision of 
     this subtitle, the authorities and requirements to impose 
     sanctions authorized under this subtitle shall not include 
     the authority or a requirement to impose sanctions on the 
     importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
       (b) National Security Waiver.--The President may waive the 
     application of sanctions under section 1294 with respect to a 
     person if the President--
       (1) determines that the waiver is in the national security 
     interests of the United States; and
       (2) submits to the appropriate congressional committees a 
     report on the waiver and the reasons for the waiver.
       (c) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to carry out this subtitle.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     section 1294(b)(1) or 1295(b) or any regulation, license, or 
     order issued to carry out either such section shall be 
     subject to the penalties set forth in subsections (b) and (c) 
     of section 206 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1705) to the same extent as a person that 
     commits an unlawful act described in subsection (a) of that 
     section.
                                 ______
                                 
  SA 4670. 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 G of title XII, add the following:

     SEC. 1283. REMOVAL OF MEMBERS OF THE UNITED NATIONS HUMAN 
                   RIGHTS COUNCIL THAT COMMIT HUMAN RIGHTS ABUSES.

       The President shall direct the Permanent Representative of 
     the United States to the United Nations to use the voice, 
     vote, and influence of the United States--
       (1) to reform the process for removing members of the 
     United Nations Human Rights Council that commit gross and 
     systemic violations of human rights, including--
       (A) lowering the threshold vote at the United Nations 
     General Assembly for removal to a simple majority;
       (B) ensuring that information detailing the member 
     country's human rights record is publicly available before 
     the vote on removal; and
       (C) making the vote of each country on the removal from the 
     United Nations Human Rights Council publicly available;
       (2) to reform the rules on electing members to the United 
     Nations Human Rights Council to ensure that United Nations 
     members which have committed gross and systemic violations of 
     human rights are not elected to the Human Rights Council; and
       (3) to oppose the election to the Human Rights Council of 
     any United Nations member--
       (A) that is currently designated as--
       (i) a country engaged in a consistent pattern of gross 
     violations of internationally recognized human rights 
     pursuant to section 116 or section 502B of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151n and 2304);
       (ii) a state sponsor of terrorism; or
       (iii) a Tier 3 country under the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7101 et seq.);
       (B) the government of which is identified on the list 
     published by the Secretary of State pursuant to section 
     404(b) of the Child Soldiers Prevention Act of 2008 (22 
     U.S.C. 2370c-1(b)) as a government that recruits and uses 
     child soldiers; or
       (C) the government of which the United States determines to 
     have committed genocide or crimes against humanity.
                                 ______
                                 
  SA 4671. 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 4672. 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. SYSTEM FOR ELECTRONIC SUBMISSION OF COMPLAINTS 
                   ABOUT THE DELIVERY OF HEALTH CARE SERVICES BY 
                   THE DEPARTMENT OF VETERANS AFFAIRS.

       Section 7309A(c) of title 38, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(3) Beginning not later than 18 months after the date of 
     the enactment of this paragraph, the Director shall establish 
     an information technology system that will allow a veteran 
     (or the designated representative of a veteran) to 
     electronically--
       ``(A) file a complaint that will be received by the 
     appropriate patient advocate; and
       ``(B) at any time view the status of the complaint, 
     including interim and final actions that have been taken to 
     address the complaint.''.
                                 ______
                                 
  SA 4673. 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:

[[Page S8252]]

  


  DIVISION E--CYBER INCIDENT REPORTING ACT OF 2021 AND CISA TECHNICAL 
                CORRECTIONS AND IMPROVEMENTS ACT OF 2021

             TITLE LI--CYBER INCIDENT REPORTING ACT OF 2021

     SEC. 5101. SHORT TITLE.

       This title may be cited as the ``Cyber Incident Reporting 
     Act of 2021''.

     SEC. 5102. 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 5103 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 5203 of this division.

     SEC. 5103. 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 5203(b) of this division--
       (A) in paragraph (11), by striking ``and'' at the end;
       (B) in paragraph (12), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(13) receiving, aggregating, and analyzing reports 
     related to covered cyber incidents (as defined in section 
     2230) submitted by covered entities (as defined in section 
     2230) and reports related to ransom payments submitted by 
     entities in furtherance of the activities specified in 
     sections 2202(e), 2203, and 2231, this subsection, and any 
     other authorized activity of the Director, to enhance the 
     situational awareness of cybersecurity threats across 
     critical infrastructure sectors.''; and
       (2) by adding at the end the following:

                 ``Subtitle C--Cyber Incident Reporting

     ``SEC. 2230. DEFINITIONS.

       ``In this subtitle:
       ``(1) Center.--The term `Center' means the center 
     established under section 2209.
       ``(2) Council.--The term `Council' means the Cyber Incident 
     Reporting Council described in section 1752(c)(1)(H) of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (6 U.S.C. 1500(c)(1)(H)).
       ``(3) Covered cyber incident.--The term `covered cyber 
     incident' means a substantial cyber incident experienced by a 
     covered entity that satisfies the definition and criteria 
     established by the Director in the final rule issued pursuant 
     to section 2232(b).
       ``(4) Covered entity.--The term `covered entity' means--
       ``(A) any Federal contractor; or
       ``(B) an entity that owns or operates critical 
     infrastructure that satisfies the definition established by 
     the Director in the final rule issued pursuant to section 
     2232(b).
       ``(5) Cyber incident.--The term `cyber incident' has the 
     meaning given the term `incident' in section 2200.
       ``(6) Cyber threat.--The term `cyber threat'--
       ``(A) has the meaning given the term `cybersecurity threat' 
     in section 2200; and
       ``(B) does not include any activity related to good faith 
     security research, including participation in a bug-bounty 
     program or a vulnerability disclosure program.
       ``(7) Federal contractor.--The term `Federal contractor' 
     means a business, nonprofit organization, or other private 
     sector entity that holds a Federal Government contract 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--

[[Page S8253]]

       ``(1) may establish a specific time requirement for sharing 
     information under subsection (a)(13); and
       ``(2) shall determine the appropriate Federal agencies 
     under subsection (a)(13).
       ``(c) Periodic Briefing.--Not later than 60 days after the 
     effective date of the final rule required under section 
     2232(b), and on the first day of each month thereafter, the 
     Director, in consultation with the National Cyber Director, 
     the Attorney General, and the Director of National 
     Intelligence, shall provide to the majority leader of the 
     Senate, the minority leader of the Senate, the Speaker of the 
     House of Representatives, the minority leader of the House of 
     Representatives, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committee on 
     Homeland Security of the House of Representatives a briefing 
     that characterizes the national cyber threat landscape, 
     including the threat facing Federal agencies and covered 
     entities, and applicable intelligence and law enforcement 
     information, covered cyber incidents, and ransomware attacks, 
     as of the date of the briefing, which shall--
       ``(1) include the total number of reports submitted under 
     sections 2232 and 2233 during the preceding month, including 
     a breakdown of required and voluntary reports;
       ``(2) include any identified trends in covered cyber 
     incidents and ransomware attacks over the course of the 
     preceding month and as compared to previous reports, 
     including any trends related to the information collected in 
     the reports submitted under sections 2232 and 2233, 
     including--
       ``(A) the infrastructure, tactics, and techniques malicious 
     cyber actors commonly use; and
       ``(B) intelligence gaps that have impeded, or currently are 
     impeding, the ability to counter covered cyber incidents and 
     ransomware threats;
       ``(3) include a summary of the known uses of the 
     information in reports submitted under sections 2232 and 
     2233; and
       ``(4) be unclassified, but may include a classified annex.

     ``SEC. 2232. REQUIRED REPORTING OF CERTAIN CYBER INCIDENTS.

       ``(a) In General.--
       ``(1) Covered cyber incident reports.--A covered entity 
     that is a victim of a covered cyber incident shall report the 
     covered cyber incident to the Director not later than 72 
     hours after the covered entity reasonably believes that the 
     covered cyber incident has occurred.
       ``(2) Ransom payment reports.--An entity, including a 
     covered entity and except for an individual or a small 
     organization, that makes a ransom payment as the result of a 
     ransomware attack against the entity shall report the payment 
     to the Director not later than 24 hours after the ransom 
     payment has been made.
       ``(3) Supplemental reports.--A covered entity shall 
     promptly submit to the Director an update or supplement to a 
     previously submitted covered cyber incident report if new or 
     different information becomes available or if the covered 
     entity makes a ransom payment after submitting a covered 
     cyber incident report required under paragraph (1).
       ``(4) Preservation of information.--Any entity subject to 
     requirements of paragraph (1), (2), or (3) shall preserve 
     data relevant to the covered cyber incident or ransom payment 
     in accordance with procedures established in the final rule 
     issued pursuant to subsection (b).
       ``(5) Exceptions.--
       ``(A) Reporting of covered cyber incident with ransom 
     payment.--If a covered cyber incident includes a ransom 
     payment such that the reporting requirements under paragraphs 
     (1) and (2) apply, the covered entity may submit a single 
     report to satisfy the requirements of both paragraphs in 
     accordance with procedures established in the final rule 
     issued pursuant to subsection (b).
       ``(B) Substantially similar reported information.--The 
     requirements under paragraphs (1), (2), and (3) shall not 
     apply to an 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

[[Page S8254]]

     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 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.

[[Page S8255]]

       ``(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.
       ``(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

[[Page S8256]]

     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. 5104. 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 5103 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 title or the amendments 
     made by this title.
       (4) FOIA exemption.--Any report received by the Director 
     pursuant to paragraph (1) shall be exempt from disclosure 
     under section 552(b)(3) of title 5, United States Code 
     (commonly known as the ``Freedom of Information Act'').
       (b) Creation of Council.--Section 1752(c) of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (6 U.S.C. 1500(c)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (G), by striking ``and'' at the end;
       (B) by redesignating subparagraph (H) as subparagraph (I); 
     and
       (C) by inserting after subparagraph (G) the following:
       ``(H) lead an intergovernmental Cyber Incident Reporting 
     Council, in coordination with the Director of the Office of 
     Management and Budget, 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. 5105. 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. 5106. 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.

[[Page S8257]]

       (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. 5107. 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 5103(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 5103(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 5105, 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 
     5105(c) in mitigating security vulnerabilities and the threat 
     of ransomware.
       (2) Identification of the most common vulnerabilities 
     utilized in ransomware.
       (3) The number of notifications issued during the preceding 
     year.
       (4) To the extent practicable, the number of vulnerable 
     devices or systems mitigated under this pilot by the Agency 
     during the preceding year.
       (d) Report on Harmonization of Reporting Regulations.--
       (1) In general.--Not later than 180 days after the date on 
     which the National Cyber Director convenes the Council 
     described in section 1752(c)(1)(H) of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (6 U.S.C. 1500(c)(1)(H)), the National Cyber Director 
     shall submit to the appropriate congressional committees a 
     report that includes--
       (A) a list of duplicative Federal cyber incident reporting 
     requirements on covered entities and entities that make a 
     ransom payment;
       (B) a description of any challenges in harmonizing the 
     duplicative reporting requirements;
       (C) any actions the National Cyber Director intends to take 
     to facilitate harmonizing the duplicative reporting 
     requirements; and
       (D) any proposed legislative changes necessary to address 
     the duplicative reporting.
       (2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to provide any additional regulatory authority 
     to any Federal agency.
       (e) GAO Reports.--
       (1) Implementation of this title.--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 title 
     and the amendments made by this title.
       (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 5103 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 5103 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 
     title, 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 5103 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 5103 of this title.

   TITLE LII--CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS ACT OF 2021

     SEC. 5201. SHORT TITLE.

       This title may be cited as the ``CISA Technical Corrections 
     and Improvements Act of 2021''.

     SEC. 5202. 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. 5203. 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--

[[Page S8258]]

       ``(A) actual, potential, or threatened interference with, 
     attack on, compromise of, or incapacitation of critical 
     infrastructure or protected systems by either physical or 
     computer-based attack or other similar conduct (including the 
     misuse of or unauthorized access to all types of 
     communications and data transmission systems) that violates 
     Federal, State, or local law, harms interstate commerce of 
     the United States, or threatens public health or safety;
       ``(B) the ability of any critical infrastructure or 
     protected system to resist such interference, compromise, or 
     incapacitation, including any planned or past assessment, 
     projection, or estimate of the vulnerability of critical 
     infrastructure or a protected system, including security 
     testing, risk evaluation thereto, risk management planning, 
     or risk audit; or
       ``(C) any planned or past operational problem or solution 
     regarding critical infrastructure or protected systems, 
     including repair, recovery, reconstruction, insurance, or 
     continuity, to the extent it is related to such interference, 
     compromise, or incapacitation.
       ``(7) Cyber threat indicator.--The term `cyber threat 
     indicator' means information that is necessary to describe or 
     identify--
       ``(A) malicious reconnaissance, including anomalous 
     patterns of communications that appear to be transmitted for 
     the purpose of gathering technical information related to a 
     cybersecurity threat or security vulnerability;
       ``(B) a method of defeating a security control or 
     exploitation of a security vulnerability;
       ``(C) a security vulnerability, including anomalous 
     activity that appears to indicate the existence of a security 
     vulnerability;
       ``(D) a method of causing a user with legitimate access to 
     an information system or information that is stored on, 
     processed by, or transiting an information system to 
     unwittingly enable the defeat of a security control or 
     exploitation of a security vulnerability;
       ``(E) malicious cyber command and control;
       ``(F) the actual or potential harm caused by an incident, 
     including a description of the information exfiltrated as a 
     result of a particular cybersecurity threat;
       ``(G) any other attribute of a cybersecurity threat, if 
     disclosure of such attribute is not otherwise prohibited by 
     law; or
       ``(H) any combination thereof.
       ``(8) Cybersecurity purpose.--The term `cybersecurity 
     purpose' means the purpose of protecting an information 
     system or information that is stored on, processed by, or 
     transiting an information system from a cybersecurity threat 
     or security vulnerability.
       ``(9) Cybersecurity risk.--The term `cybersecurity risk'--
       ``(A) means threats to and vulnerabilities of information 
     or information systems and any related consequences caused by 
     or resulting from unauthorized access, use, disclosure, 
     degradation, disruption, modification, or destruction of such 
     information or information systems, including such related 
     consequences caused by an act of terrorism; and
       ``(B) does not include any action that solely involves a 
     violation of a consumer term of service or a consumer 
     licensing agreement.
       ``(10) Cybersecurity threat.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `cybersecurity threat' means an action, not 
     protected by the First Amendment to the Constitution of the 
     United States, on or through an information system that may 
     result in an unauthorized effort to adversely impact the 
     security, availability, confidentiality, or integrity of an 
     information system or information that is stored on, 
     processed by, or transiting an information system.
       ``(B) Exclusion.--The term `cybersecurity threat' does not 
     include any action that solely involves a violation of a 
     consumer term of service or a consumer licensing agreement.
       ``(11) Defensive measure.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `defensive measure' means an action, device, 
     procedure, signature, technique, or other measure applied to 
     an information system or information that is stored on, 
     processed by, or transiting an information system that 
     detects, prevents, or mitigates a known or suspected 
     cybersecurity threat or security vulnerability.
       ``(B) Exclusion.--The term `defensive measure' does not 
     include a measure that destroys, renders unusable, provides 
     unauthorized access to, or substantially harms an information 
     system or information stored on, processed by, or transiting 
     such information system not owned by--
       ``(i) the entity operating the measure; or
       ``(ii) another entity or Federal entity that is authorized 
     to provide consent and has provided consent to that private 
     entity for operation of such measure.
       ``(12) Homeland security enterprise.--The term `Homeland 
     Security Enterprise' means relevant governmental and 
     nongovernmental entities involved in homeland security, 
     including Federal, State, local, and Tribal government 
     officials, private sector representatives, academics, and 
     other policy experts.
       ``(13) Incident.--The term `incident' means an occurrence 
     that actually or imminently jeopardizes, without lawful 
     authority, the integrity, confidentiality, or availability of 
     information on an information system, or actually or 
     imminently jeopardizes, without lawful authority, an 
     information system.
       ``(14) Information sharing and analysis organization.--The 
     term `Information Sharing and Analysis Organization' means 
     any 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).

[[Page S8259]]

       ``(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
       (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. 5204. 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.'';

[[Page S8260]]

       (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 4674. 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--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--
       ``(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

[[Page S8261]]

     ``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;
       ``(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--

[[Page S8262]]

       ``(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 
     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.

[[Page S8263]]

       ``(2) The protections required under paragraph (1) shall be 
     commensurate with the risk and comply with all applicable 
     laws and regulations.
       ``(3) With respect to information that is not related to 
     national security systems, agencies and evaluators shall make 
     a summary of the information unclassified and publicly 
     available, including information that does not identify--
       ``(A) specific information system incidents; or
       ``(B) specific information system vulnerabilities.'';
       (F) in subsection (g)(2)--
       (i) by striking ``this subsection shall'' and inserting 
     ``this subsection--
       ``(A) shall'';
       (ii) in subparagraph (A), as so designated, by striking the 
     period at the end and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(B) identify any entity that performs an independent 
     evaluation under subsection (b).''; and
       (G) by striking subsection (j) and inserting the following:
       ``(j) Guidance.--
       ``(1) In general.--The Director, in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, the Chief Information Officers Council, the Council 
     of the Inspectors General on Integrity and Efficiency, and 
     other interested parties as appropriate, shall ensure the 
     development of guidance for evaluating the effectiveness of 
     an information security program and practices
       ``(2) Priorities.--The guidance developed under paragraph 
     (1) shall prioritize the identification of--
       ``(A) the most common threat patterns experienced by each 
     agency;
       ``(B) the security controls that address the threat 
     patterns described in subparagraph (A); and
       ``(C) any other security risks unique to the networks of 
     each agency.''; and
       (5) in section 3556(a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``within the Cybersecurity and Infrastructure Security 
     Agency'' after ``incident center''; and
       (B) in paragraph (4), by striking ``3554(b)'' and inserting 
     ``3554(a)(1)(A)''.
       (d) Conforming Amendments.--
       (1) Table of sections.--The table of sections for chapter 
     35 of title 44, United States Code, is amended--
       (A) by striking the item relating to section 3553 and 
     inserting the following:

``3553. Authority and functions of the Director and the Director of the 
              Cybersecurity and Infrastructure Security Agency.''; and
       (B) by striking the item relating to section 3555 and 
     inserting the following:

``3555. Independent evaluation.''.
       (2) OMB reports.--Section 226(c) of the Cybersecurity Act 
     of 2015 (6 U.S.C. 1524(c)) is amended--
       (A) in paragraph (1)(B), in the matter preceding clause 
     (i), by striking ``annually thereafter'' and inserting 
     ``thereafter during the years during which a report is 
     required to be submitted under section 3553(c) of title 44, 
     United States Code''; and
       (B) in paragraph (2)(B), in the matter preceding clause 
     (i)--
       (i) by striking ``annually thereafter'' and inserting 
     ``thereafter during the years during which a report is 
     required to be submitted under section 3553(c) of title 44, 
     United States Code''; and
       (ii) by striking ``the report required under section 
     3553(c) of title 44, United States Code'' and inserting 
     ``that report''.
       (3) NIST responsibilities.--Section 20(d)(3)(B) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278g-3(d)(3)(B)) is amended by striking ``annual''.
       (e) Federal System Incident Response.--
       (1) In general.--Chapter 35 of title 44, United States 
     Code, is amended by adding at the end the following:

           ``SUBCHAPTER IV--FEDERAL SYSTEM INCIDENT RESPONSE

     ``Sec. 3591. Definitions

       ``(a) In General.--Except as provided in subsection (b), 
     the definitions under sections 3502 and 3552 shall apply to 
     this subchapter.
       ``(b) Additional Definitions.--As used in this subchapter:
       ``(1) Appropriate reporting entities.--The term 
     `appropriate reporting entities' means--
       ``(A) the majority and minority leaders of the Senate;
       ``(B) the Speaker and minority leader of the House of 
     Representatives;
       ``(C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(D) the Committee on Oversight and Reform of the House of 
     Representatives;
       ``(E) the Committee on Homeland Security of the House of 
     Representatives;
       ``(F) the appropriate authorization and appropriations 
     committees of Congress;
       ``(G) the Director;
       ``(H) the Director of the Cybersecurity and Infrastructure 
     Security Agency;
       ``(I) the National Cyber Director;
       ``(J) the Comptroller General of the United States; and
       ``(K) the inspector general of any impacted agency.
       ``(2) Awardee.--The term `awardee'--
       ``(A) means a person, business, or other entity that 
     receives a grant from, or is a party to a cooperative 
     agreement or an other transaction agreement with, an agency; 
     and
       ``(B) includes any subgrantee of a person, business, or 
     other entity described in subparagraph (A).
       ``(3) Breach.--The term `breach' means--
       ``(A) a compromise of the security, confidentiality, or 
     integrity of data in electronic form that results in 
     unauthorized access to, or an acquisition of, personal 
     information; or
       ``(B) a loss of data in electronic form that results in 
     unauthorized access to, or an acquisition of, personal 
     information.
       ``(4) Contractor.--The term `contractor' means--
       ``(A) a prime contractor of an agency or a subcontractor of 
     a prime contractor of an agency; and
       ``(B) any person or business that collects or maintains 
     information, including personally identifiable information, 
     on behalf of an agency.
       ``(5) Federal information.--The term `Federal information' 
     means information created, collected, processed, maintained, 
     disseminated, disclosed, or disposed of by or for the Federal 
     Government in any medium or form.
       ``(6) Federal information system.--The term `Federal 
     information system' means an information system used or 
     operated by an agency, a contractor, an awardee, or another 
     organization on behalf of an agency.
       ``(7) Intelligence community.--The term `intelligence 
     community' has the meaning given the term in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003).
       ``(8) Nationwide consumer reporting agency.--The term 
     `nationwide consumer reporting agency' means a consumer 
     reporting agency described in section 603(p) of the Fair 
     Credit Reporting Act (15 U.S.C. 1681a(p)).
       ``(9) Vulnerability disclosure.--The term `vulnerability 
     disclosure' means a vulnerability identified under section 
     3559B.

     ``Sec. 3592. Notification of breach

       ``(a) Notification.--As expeditiously as practicable and 
     without unreasonable delay, and in any case not later than 45 
     days after an agency has a reasonable basis to conclude that 
     a breach has occurred, the head of the agency, in 
     consultation with a senior privacy officer of the agency, 
     shall--
       ``(1) determine whether notice to any individual 
     potentially affected by the breach is appropriate based on an 
     assessment of the risk of harm to the individual that 
     considers--
       ``(A) the nature and sensitivity of the personally 
     identifiable information affected by the breach;
       ``(B) the likelihood of access to and use of the personally 
     identifiable information affected by the breach;
       ``(C) the type of breach; and
       ``(D) any other factors determined by the Director; and
       ``(2) as appropriate, provide written notice in accordance 
     with subsection (b) to each individual potentially affected 
     by the breach--
       ``(A) to the last known mailing address of the individual; 
     or
       ``(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.

[[Page S8264]]

       ``(C) Form.--The report required under subparagraph (A) 
     shall be unclassified but may include a classified annex.
       ``(3) Renewal.--A delay under paragraph (1) shall be for a 
     period of 60 days and may be renewed.
       ``(d) Update Notification.--If an agency determines there 
     is a significant change in the reasonable basis to conclude 
     that a breach occurred, a significant change to the 
     determination made under subsection (a)(1), or that it is 
     necessary to update the details of the information provided 
     to impacted individuals as described in subsection (b), the 
     agency shall as expeditiously as practicable and without 
     unreasonable delay, and in any case not later than 30 days 
     after such a determination, notify each individual who 
     received a notification pursuant to subsection (a) of those 
     changes.
       ``(e) Exemption From Notification.--
       ``(1) In general.--The head of an agency, in consultation 
     with the inspector general of the agency, may request an 
     exemption from the Director from complying with the 
     notification requirements under subsection (a) if the 
     information affected by the breach is determined by an 
     independent evaluation to be unreadable, including, as 
     appropriate, instances in which the information is--
       ``(A) encrypted; and
       ``(B) determined by the Director of the Cybersecurity and 
     Infrastructure Security Agency to be of sufficiently low risk 
     of exposure.
       ``(2) Approval.--The Director shall determine whether to 
     grant an exemption requested under paragraph (1) in 
     consultation with--
       ``(A) the Director of the Cybersecurity and Infrastructure 
     Security Agency; and
       ``(B) the Attorney General.
       ``(3) Documentation.--Any exemption granted by the Director 
     under paragraph (1) shall be reported in writing to the head 
     of the agency and the inspector general of the agency that 
     experienced the breach and the Director of the Cybersecurity 
     and Infrastructure Security Agency.
       ``(f) Rule of Construction.--Nothing in this section shall 
     be construed to limit--
       ``(1) the Director from issuing guidance relating to 
     notifications or the head of an agency from notifying 
     individuals potentially affected by breaches that are not 
     determined to be major incidents; or
       ``(2) the Director from issuing guidance relating to 
     notifications of major incidents or the head of an agency 
     from providing more information than described in subsection 
     (b) when notifying individuals potentially affected by 
     breaches.

     ``Sec. 3593. Congressional and Executive Branch reports

       ``(a) Initial Report.--
       ``(1) In general.--Not later than 72 hours after an agency 
     has a reasonable basis to conclude that a major incident 
     occurred, the head of the agency impacted by the major 
     incident shall submit to the appropriate reporting entities a 
     written report and, to the extent practicable, provide a 
     briefing to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Reform of the House of Representatives, the 
     Committee on Homeland Security of the House of 
     Representatives, and the appropriate authorization and 
     appropriations committees of Congress, taking into account--
       ``(A) the information known at the time of the report;
       ``(B) the sensitivity of the details associated with the 
     major incident; and
       ``(C) the classification level of the information contained 
     in the report.
       ``(2) Contents.--A report required under paragraph (1) 
     shall include, in a manner that excludes or otherwise 
     reasonably protects personally identifiable information and 
     to the extent permitted by applicable law, including privacy 
     and statistical laws--
       ``(A) a summary of the information available about the 
     major incident, including how the major incident occurred, 
     information indicating that the major incident may be a 
     breach, and information relating to the major incident as a 
     breach, based on information available to agency officials as 
     of the date on which the agency submits the report;
       ``(B) if applicable, a description and any associated 
     documentation of any circumstances necessitating a delay in 
     or exemption to notification to individuals potentially 
     affected by the major incident under subsection (c) or (e) of 
     section 3592; and
       ``(C) if applicable, an assessment of the impacts to the 
     agency, the Federal Government, or the security of the United 
     States, based on information available to agency officials on 
     the date on which the agency submits the report.
       ``(b) Supplemental Report.--Within a reasonable amount of 
     time, but not later than 30 days after the date on which an 
     agency submits a written report under subsection (a), the 
     head of the agency shall provide to the appropriate reporting 
     entities written updates on the major incident and, to the 
     extent practicable, provide a briefing to the congressional 
     committees described in subsection (a)(1), including 
     summaries of--
       ``(1) vulnerabilities, means by which the major incident 
     occurred, and impacts to the agency relating to the major 
     incident;
       ``(2) any risk assessment and subsequent risk-based 
     security implementation of the affected information system 
     before the date on which the major incident occurred;
       ``(3) the status of compliance of the affected information 
     system with applicable security requirements at the time of 
     the major incident;
       ``(4) an estimate of the number of individuals potentially 
     affected by the major incident based on information available 
     to agency officials as of the date on which the agency 
     provides the update;
       ``(5) an assessment of the risk of harm to individuals 
     potentially affected by the major incident based on 
     information available to agency officials as of the date on 
     which the agency provides the update;
       ``(6) an update to the assessment of the risk to agency 
     operations, or to impacts on other agency or non-Federal 
     entity operations, affected by the major incident based on 
     information available to agency officials as of the date on 
     which the agency provides the update; and
       ``(7) the detection, response, and remediation actions of 
     the agency, including any support provided by the 
     Cybersecurity and Infrastructure Security Agency under 
     section 3594(d) and status updates on the notification 
     process described in section 3592(a), including any delay or 
     exemption described in subsection (c) or (e), respectively, 
     of section 3592, if applicable.
       ``(c) Update Report.--If the agency determines that there 
     is any significant change in the understanding of the agency 
     of the scope, scale, or consequence of a major incident for 
     which an agency submitted a written report under subsection 
     (a), the agency shall provide an updated report to the 
     appropriate reporting entities that includes information 
     relating to the change in understanding.
       ``(d) Annual Report.--Each agency shall submit as part of 
     the annual report required under section 3554(c)(1) of this 
     title a description of each major incident that occurred 
     during the 1-year period preceding the date on which the 
     report is submitted.
       ``(e) Delay and Exemption Report.--
       ``(1) In general.--The Director shall submit to the 
     appropriate notification entities an annual report on all 
     notification delays and exemptions granted pursuant to 
     subsections (c) and (d) of section 3592.
       ``(2) Component of other report.--The Director may submit 
     the report required under paragraph (1) as a component of the 
     annual report submitted under section 3597(b).
       ``(f) Report Delivery.--Any written report required to be 
     submitted under this section may be submitted in a paper or 
     electronic format.
       ``(g) Threat Briefing.--
       ``(1) In general.--Not later than 7 days after the date on 
     which an agency has a reasonable basis to conclude that a 
     major incident occurred, the head of the agency, jointly with 
     the National Cyber Director and any other Federal entity 
     determined appropriate by the National Cyber Director, shall 
     provide a briefing to the congressional committees described 
     in subsection (a)(1) on the threat causing the major 
     incident.
       ``(2) Components.--The briefing required under paragraph 
     (1)--
       ``(A) shall, to the greatest extent practicable, include an 
     unclassified component; and
       ``(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.

[[Page S8265]]

       ``(b) Compliance.--The information provided under 
     subsection (a) shall take into account the level of 
     classification of the information and any information sharing 
     limitations and protections, such as limitations and 
     protections relating to law enforcement, national security, 
     privacy, statistical confidentiality, or other factors 
     determined by the Director
       ``(c) Incident Response.--Each agency that has a reasonable 
     basis to conclude that a major incident occurred involving 
     Federal information in electronic medium or form, as defined 
     by the Director and not involving a national security system, 
     regardless of delays from notification granted for a major 
     incident, shall coordinate with the Cybersecurity and 
     Infrastructure Security Agency regarding--
       ``(1) incident response and recovery; and
       ``(2) recommendations for mitigating future incidents.

     ``Sec. 3595. Responsibilities of contractors and awardees

       ``(a) Notification.--
       ``(1) In general.--Unless otherwise specified in a 
     contract, grant, cooperative agreement, or an other 
     transaction agreement, any contractor or awardee of an agency 
     shall report to the agency within the same amount of time 
     such agency is required to report an incident to the 
     Cybersecurity and Infrastructure Security Agency, if the 
     contractor or awardee has a reasonable basis to conclude 
     that--
       ``(A) an incident or breach has occurred with respect to 
     Federal information collected, used, or maintained by the 
     contractor or awardee in connection with the contract, grant, 
     cooperative agreement, or other transaction agreement of the 
     contractor or awardee;
       ``(B) an incident or breach has occurred with respect to a 
     Federal information system used or operated by the contractor 
     or awardee in connection with the contract, grant, 
     cooperative agreement, or other transaction agreement of the 
     contractor or awardee; or
       ``(C) the contractor or awardee has received information 
     from the agency that the contractor or awardee is not 
     authorized to receive in connection with the contract, grant, 
     cooperative agreement, or other transaction agreement of the 
     contractor or awardee.
       ``(2) Procedures.--
       ``(A) Major incident.--Following a report of a breach or 
     major incident by a contractor or awardee under paragraph 
     (1), the agency, in consultation with the contractor or 
     awardee, shall carry out the requirements under sections 
     3592, 3593, and 3594 with respect to the major incident.
       ``(B) Incident.--Following a report of an incident by a 
     contractor or awardee under paragraph (1), an agency, in 
     consultation with the contractor or awardee, shall carry out 
     the requirements under section 3594 with respect to the 
     incident.
       ``(b) Effective Date.--This section shall apply on and 
     after the date that is 1 year after the date of enactment of 
     the Federal Information Security Modernization Act of 2021.

     ``Sec. 3596. Training

       ``(a) Covered Individual Defined.--In this section, the 
     term `covered individual' means an individual who obtains 
     access to Federal information or Federal information systems 
     because of the status of the individual as an employee, 
     contractor, awardee, volunteer, or intern of an agency.
       ``(b) Requirement.--The head of each agency shall develop 
     training for covered individuals on how to identify and 
     respond to an incident, including--
       ``(1) the internal process of the agency for reporting an 
     incident; and
       ``(2) the obligation of a covered individual to report to 
     the agency a confirmed major incident and any suspected 
     incident involving information in any medium or form, 
     including paper, oral, and electronic.
       ``(c) Inclusion in Annual Training.--The training developed 
     under subsection (b) may be included as part of an annual 
     privacy or security awareness training of an agency.

     ``Sec. 3597. Analysis and report on Federal incidents

       ``(a) Analysis of Federal Incidents.--
       ``(1) Quantitative and qualitative analyses.--The Director 
     of the Cybersecurity and Infrastructure Security Agency shall 
     develop, in consultation with the Director and the National 
     Cyber Director, and perform continuous monitoring and 
     quantitative and qualitative analyses of incidents at 
     agencies, including major incidents, including--
       ``(A) the causes of incidents, including--
       ``(i) attacker tactics, techniques, and procedures; and
       ``(ii) system vulnerabilities, including zero days, 
     unpatched systems, and information system misconfigurations;
       ``(B) the scope and scale of incidents at agencies;
       ``(C) cross Federal Government root causes of incidents at 
     agencies;
       ``(D) agency incident response, recovery, and remediation 
     actions and the effectiveness of those actions, as 
     applicable;
       ``(E) lessons learned and recommendations in responding to, 
     recovering from, remediating, and mitigating future 
     incidents; and
       ``(F) trends in cross-Federal Government cybersecurity and 
     incident response capabilities using the metrics established 
     under section 224(c) of the Cybersecurity Act of 2015 (6 
     U.S.C. 1522(c)).
       ``(2) Automated analysis.--The analyses developed under 
     paragraph (1) shall, to the greatest extent practicable, use 
     machine readable data, automation, and machine learning 
     processes.
       ``(3) Sharing of data and analysis.--
       ``(A) In general.--The Director shall share on an ongoing 
     basis the analyses required under this subsection with 
     agencies and the National Cyber Director to--
       ``(i) improve the understanding of cybersecurity risk of 
     agencies; and
       ``(ii) support the cybersecurity improvement efforts of 
     agencies.
       ``(B) Format.--In carrying out subparagraph (A), the 
     Director shall share the analyses--
       ``(i) in human-readable written products; and
       ``(ii) to the greatest extent practicable, in machine-
     readable formats in order to enable automated intake and use 
     by agencies.
       ``(b) Annual Report on Federal Incidents.--Not later than 2 
     years after the date of enactment of this section, and not 
     less frequently than annually thereafter, the Director of the 
     Cybersecurity and Infrastructure Security Agency, in 
     consultation with the Director and other Federal agencies as 
     appropriate, shall submit to the appropriate notification 
     entities a report that includes--
       ``(1) a summary of causes of incidents from across the 
     Federal Government that categorizes those incidents as 
     incidents or major incidents;
       ``(2) the quantitative and qualitative analyses of 
     incidents developed under subsection (a)(1) on an agency-by-
     agency basis and comprehensively across the Federal 
     Government, including--
       ``(A) a specific analysis of breaches; and
       ``(B) an analysis of the Federal Government's performance 
     against the metrics established under section 224(c) of the 
     Cybersecurity Act of 2015 (6 U.S.C. 1522(c)); and
       ``(3) an annex for each agency that includes--
       ``(A) a description of each major incident;
       ``(B) the total number of compromises of the agency; and
       ``(C) an analysis of the agency's performance against the 
     metrics established under section 224(c) of the Cybersecurity 
     Act of 2015 (6 U.S.C. 1522(c)).
       ``(c) Publication.--A version of each report submitted 
     under subsection (b) shall be made publicly available on the 
     website of the Cybersecurity and Infrastructure Security 
     Agency during the year in which the report is submitted.
       ``(d) Information Provided by Agencies.--
       ``(1) In general.--The analysis required under subsection 
     (a) and each report submitted under subsection (b) shall use 
     information provided by agencies under section 3594(a).
       ``(2) Noncompliance reports.--
       ``(A) In general.--Subject to subparagraph (B), during any 
     year during which the head of an agency does not provide data 
     for an incident to the Cybersecurity and Infrastructure 
     Security Agency in accordance with section 3594(a), the head 
     of the agency, in coordination with the Director of the 
     Cybersecurity and Infrastructure Security Agency 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

[[Page S8266]]

     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)--
       (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

[[Page S8267]]

       (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 
     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

[[Page S8268]]

       (II) the report on Federal incidents required under section 
     3597(b) of title 44, United States Code, as added by this 
     division;

       (iii) include requirements for the timeliness of data 
     production; and
       (iv) include requirements for using automation and machine-
     readable data for data sharing and availability.
       (3) Guidance on responding to information requests.--Not 
     later than 1 year after the date of enactment of this Act, 
     the Director shall develop guidance for agencies to implement 
     the requirement under section 3594(c) of title 44, United 
     States Code, as added by this division, to provide 
     information to other agencies experiencing incidents.
       (4) Standard guidance and templates.--Not later than 1 year 
     after the date of enactment of this Act, the Director, in 
     consultation with the Director of the Cybersecurity and 
     Infrastructure Security Agency, shall develop guidance and 
     templates, to be reviewed and, if necessary, updated not less 
     frequently than once every 2 years, for use by Federal 
     agencies in the activities required under sections 3592, 
     3593, and 3596 of title 44, United States Code, as added by 
     this division.
       (5) Contractor and awardee guidance.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director, in coordination with the 
     Secretary of Homeland Security, the Secretary of Defense, the 
     Administrator of General Services, and the heads of other 
     agencies determined appropriate by the Director, shall issue 
     guidance to Federal agencies on how to deconflict, to the 
     greatest extent practicable, existing regulations, policies, 
     and procedures relating to the responsibilities of 
     contractors and awardees established under section 3595 of 
     title 44, United States Code, as added by this division.
       (B) Existing processes.--To the greatest extent 
     practicable, the guidance issued under subparagraph (A) shall 
     allow contractors and awardees to use existing processes for 
     notifying Federal agencies of incidents involving information 
     of the Federal Government.
       (6) Updated briefings.--Not less frequently than once every 
     2 years, the Director shall provide to the appropriate 
     congressional committees an update on the guidance and 
     templates developed under paragraphs (2) through (4).
       (c) Update to the Privacy Act of 1974.--Section 552a(b) of 
     title 5, United States Code (commonly known as the ``Privacy 
     Act of 1974'') is amended--
       (1) in paragraph (11), by striking ``or'' at the end;
       (2) in paragraph (12), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(13) to another agency in furtherance of a response to an 
     incident (as defined in section 3552 of title 44) and 
     pursuant to the information sharing requirements in section 
     3594 of title 44 if the head of the requesting agency has 
     made a written request to the agency that maintains the 
     record specifying the particular portion desired and the 
     activity for which the record is sought.''.

     SEC. 5124. ADDITIONAL GUIDANCE TO AGENCIES ON FISMA UPDATES.

       Not later than 1 year after the date of enactment of this 
     Act, the Director, in coordination with the Director of the 
     Cybersecurity and Infrastructure Security Agency, shall issue 
     guidance for agencies on--
       (1) performing the ongoing and continuous agency system 
     risk assessment required under section 3554(a)(1)(A) of title 
     44, United States Code, as amended by this division;
       (2) implementing additional cybersecurity procedures, which 
     shall include resources for shared services;
       (3) establishing a process for providing the status of each 
     remedial action under section 3554(b)(7) of title 44, United 
     States Code, as amended by this division, to the Director and 
     the Cybersecurity and Infrastructure Security Agency using 
     automation and machine-readable data, as practicable, which 
     shall include--
       (A) specific guidance for the use of automation and 
     machine-readable data; and
       (B) templates for providing the status of the remedial 
     action;
       (4) interpreting the definition of ``high value asset'' 
     under section 3552 of title 44, United States Code, as 
     amended by this division; and
       (5) a requirement to coordinate with inspectors general of 
     agencies to ensure consistent understanding and application 
     of agency policies for the purpose of evaluations by 
     inspectors general.

     SEC. 5125. AGENCY REQUIREMENTS TO NOTIFY PRIVATE SECTOR 
                   ENTITIES IMPACTED BY INCIDENTS.

       (a) Definitions.--In this section:
       (1) Reporting entity.--The term ``reporting entity'' means 
     private organization or governmental unit that is required by 
     statute or regulation to submit sensitive information to an 
     agency.
       (2) Sensitive information.--The term ``sensitive 
     information'' has the meaning given the term by the Director 
     in guidance issued under subsection (b).
       (b) Guidance on Notification of Reporting Entities.--Not 
     later than 180 days after the date of enactment of this Act, 
     the Director shall issue guidance requiring the head of each 
     agency to notify a reporting entity of an incident that is 
     likely to substantially affect--
       (1) the confidentiality or integrity of sensitive 
     information submitted by the reporting entity to the agency 
     pursuant to a statutory or regulatory requirement; or
       (2) the agency information system or systems used in the 
     transmission or storage of the sensitive information 
     described in paragraph (1).

               TITLE LII--IMPROVING FEDERAL CYBERSECURITY

     SEC. 5141. MOBILE SECURITY STANDARDS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall--
       (1) evaluate mobile application security guidance 
     promulgated by the Director; and
       (2) issue guidance to secure mobile devices, including for 
     mobile applications, for every agency.
       (b) Contents.--The guidance issued under subsection (a)(2) 
     shall include--
       (1) a requirement, pursuant to section 3506(b)(4) of title 
     44, United States Code, for every agency to maintain a 
     continuous inventory of every--
       (A) mobile device operated by or on behalf of the agency; 
     and
       (B) vulnerability identified by the agency associated with 
     a mobile device; and
       (2) a requirement for every agency to perform continuous 
     evaluation of the vulnerabilities described in paragraph 
     (1)(B) and other risks associated with the use of 
     applications on mobile devices.
       (c) Information Sharing.--The Director, in coordination 
     with the Director of the Cybersecurity and Infrastructure 
     Security Agency, shall issue guidance to agencies for sharing 
     the inventory of the agency required under subsection (b)(1) 
     with the Director of the Cybersecurity and Infrastructure 
     Security Agency, using automation and machine-readable data 
     to the greatest extent practicable.
       (d) Briefing.--Not later than 60 days after the date on 
     which the Director issues guidance under subsection (a)(2), 
     the Director, in coordination with the Director of the 
     Cybersecurity and Infrastructure Security Agency, shall 
     provide to the appropriate congressional committees a 
     briefing on the guidance.

     SEC. 5142. DATA AND LOGGING RETENTION FOR INCIDENT RESPONSE.

       (a) Recommendations.--Not later than 2 years after the date 
     of enactment of this Act, and not less frequently than every 
     2 years thereafter, the Director of the Cybersecurity and 
     Infrastructure Security Agency, in consultation with the 
     Attorney General, 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

[[Page S8269]]

     Cybersecurity and Infrastructure Security Agency; and
       (3) familiarizing themselves with agency systems, 
     processes, and procedures to better facilitate support to the 
     agency in responding to incidents.
       (d) Limitation.--An advisor assigned under subsection (a) 
     shall not be a contractor.
       (e) Multiple Assignments.--One individual advisor may be 
     assigned to multiple agency Chief Information Officers under 
     subsection (a).

     SEC. 5144. FEDERAL PENETRATION TESTING POLICY.

       (a) In General.--Subchapter II of chapter 35 of title 44, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 3559A. Federal penetration testing

       ``(a) Definitions.--In this section:
       ``(1) Agency operational plan.--The term `agency 
     operational plan' means a plan of an agency for the use of 
     penetration testing.
       ``(2) Rules of engagement.--The term `rules of engagement' 
     means a set of rules established by an agency for the use of 
     penetration testing.
       ``(b) Guidance.--
       ``(1) In general.--The Director shall issue guidance that--
       ``(A) requires agencies to use, when and where appropriate, 
     penetration testing on agency systems; and
       ``(B) requires agencies to develop an agency operational 
     plan and rules of engagement that meet the requirements under 
     subsection (c).
       ``(2) Penetration testing guidance.--The guidance issued 
     under this section shall--
       ``(A) permit an agency to use, for the purpose of 
     performing penetration testing--
       ``(i) a shared service of the agency or another agency; or
       ``(ii) an external entity, such as a vendor; and
       ``(B) require agencies to provide the rules of engagement 
     and results of penetration testing to the Director and the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, without regard to the status of the entity that 
     performs the penetration testing.
       ``(c) Agency Plans and Rules of Engagement.--The agency 
     operational plan and rules of engagement of an agency shall--
       ``(1) require the agency to--
       ``(A) perform penetration testing on the high value assets 
     of the agency; or
       ``(B) coordinate with the Director of the Cybersecurity and 
     Infrastructure Security Agency to ensure that penetration 
     testing is being performed;
       ``(2) establish guidelines for avoiding, as a result of 
     penetration testing--
       ``(A) adverse impacts to the operations of the agency;
       ``(B) adverse impacts to operational environments and 
     systems of the agency; and
       ``(C) inappropriate access to data;
       ``(3) require the results of penetration testing to include 
     feedback to improve the cybersecurity of the agency; and
       ``(4) include mechanisms for providing consistently 
     formatted, and, if applicable, automated and machine-
     readable, data to the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency.
       ``(d) Responsibilities of CISA.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall--
       ``(1) establish a process to assess the performance of 
     penetration testing by both Federal and non-Federal entities 
     that establishes minimum quality controls for penetration 
     testing;
       ``(2) develop operational guidance for instituting 
     penetration testing programs at agencies;
       ``(3) develop and maintain a centralized capability to 
     offer penetration testing as a service to Federal and non-
     Federal entities; and
       ``(4) provide guidance to agencies on the best use of 
     penetration testing resources.
       ``(e) Responsibilities of OMB.--The Director, in 
     coordination with the Director of the Cybersecurity and 
     Infrastructure Security Agency, shall--
       ``(1) not less frequently than annually, inventory all 
     Federal penetration testing assets; and
       ``(2) develop and maintain a standardized process for the 
     use of penetration testing.
       ``(f) Prioritization of Penetration Testing Resources.--
       ``(1) In general.--The Director, in coordination with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall develop a framework for prioritizing Federal 
     penetration testing resources among agencies.
       ``(2) Considerations.--In developing the framework under 
     this subsection, the Director shall consider--
       ``(A) agency system risk assessments performed under 
     section 3554(a)(1)(A);
       ``(B) the Federal risk assessment performed under section 
     3553(i);
       ``(C) the analysis of Federal incident data performed under 
     section 3597; and
       ``(D) any other information determined appropriate by the 
     Director or the Director of the Cybersecurity and 
     Infrastructure Security Agency.
       ``(g) Exception for National Security Systems.--The 
     guidance issued under subsection (b) shall not apply to 
     national security systems.
       ``(h) Delegation of Authority for Certain Systems.--The 
     authorities of the Director described in subsection (b) shall 
     be delegated--
       ``(1) to the Secretary of Defense in the case of systems 
     described in section 3553(e)(2); and
       ``(2) to the Director of National Intelligence in the case 
     of systems described in 3553(e)(3).''.
       (b) Deadline for Guidance.--Not later than 180 days after 
     the date of enactment of this Act, the Director shall issue 
     the guidance required under section 3559A(b) of title 44, 
     United States Code, as added by subsection (a).
       (c) Clerical Amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding 
     after the item relating to section 3559 the following:

``3559A. Federal penetration testing.''.
       (d) Penetration Testing by the Secretary of Homeland 
     Security.--Section 3553(b) of title 44, United States Code, 
     as amended by section 5121, is further amended--
       (1) in paragraph (8)(B), by striking ``and'' at the end;
       (2) by redesignating paragraph (9) as paragraph (10); and
       (3) by inserting after paragraph (8) the following:
       ``(9) performing penetration testing with or without 
     advance notice to, or authorization from, agencies, to 
     identify vulnerabilities within Federal information systems; 
     and''.

     SEC. 5145. ONGOING THREAT HUNTING PROGRAM.

       (a) Threat Hunting Program.--
       (1) In general.--Not later than 540 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall establish a program to 
     provide ongoing, hypothesis-driven threat-hunting services on 
     the network of each agency.
       (2) Plan.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall develop a plan to 
     establish the program required under paragraph (1) that 
     describes how the Director of the Cybersecurity and 
     Infrastructure Security Agency plans to--
       (A) determine the method for collecting, storing, 
     accessing, and analyzing appropriate agency data;
       (B) provide on-premises support to agencies;
       (C) staff threat hunting services;
       (D) allocate available human and financial resources to 
     implement the plan; and
       (E) provide input to the heads of agencies on the use of--
       (i) more stringent standards under section 11331(c)(1) of 
     title 40, United States Code; and
       (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--

[[Page S8270]]

       ``(A) any valid or credible reports of newly discovered or 
     not publicly known vulnerabilities (including 
     misconfigurations) on Federal information systems that use 
     commercial software or services;
       ``(B) information relating to vulnerability disclosure, 
     coordination, or remediation activities of an agency, 
     particularly as those activities relate to outside 
     organizations--
       ``(i) with which the head of the agency believes the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency can assist; or
       ``(ii) about which the head of the agency believes the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency should know; and
       ``(C) any other information with respect to which the head 
     of the agency determines helpful or necessary to involve the 
     Cybersecurity and Infrastructure Security Agency.
       ``(3) Agency vulnerability disclosure policies.--The 
     Director shall issue guidance to agencies on the required 
     minimum scope of agency systems covered by the vulnerability 
     disclosure policy of an agency required under subsection 
     (d)(2).
       ``(c) Responsibilities of CISA.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall--
       ``(1) provide support to agencies with respect to the 
     implementation of the requirements of this section;
       ``(2) develop tools, processes, and other mechanisms 
     determined appropriate to offer agencies capabilities to 
     implement the requirements of this section; and
       ``(3) upon a request by an agency, assist the agency in the 
     disclosure to vendors of newly identified vulnerabilities in 
     vendor products and services.
       ``(d) Responsibilities of Agencies.--
       ``(1) Public information.--The head of each agency shall 
     make publicly available, with respect to each internet domain 
     under the control of the agency that is not a national 
     security system--
       ``(A) an appropriate security contact; and
       ``(B) the component of the agency that is responsible for 
     the internet accessible services offered at the domain.
       ``(2) Vulnerability disclosure policy.--The head of each 
     agency shall develop and make publicly available a 
     vulnerability disclosure policy for the agency, which shall--
       ``(A) describe--
       ``(i) the scope of the systems of the agency included in 
     the vulnerability disclosure policy;
       ``(ii) the type of information system testing that is 
     authorized by the agency;
       ``(iii) the type of information system testing that is not 
     authorized by the agency; and
       ``(iv) the disclosure policy of the agency for sensitive 
     information;
       ``(B) with respect to a report to an agency, describe--
       ``(i) how the reporter should submit the report; and
       ``(ii) if the report is not anonymous, when the reporter 
     should anticipate an acknowledgment of receipt of the report 
     by the agency;
       ``(C) include any other relevant information; and
       ``(D) be mature in scope, to cover all Federal information 
     systems used or operated by that agency or on behalf of that 
     agency.
       ``(3) Identified vulnerabilities.--The head of each agency 
     shall incorporate any vulnerabilities reported under 
     paragraph (2) into the vulnerability management process of 
     the agency in order to track and remediate the vulnerability.
       ``(e) Paperwork Reduction Act Exemption.--The requirements 
     of subchapter I (commonly known as the `Paperwork Reduction 
     Act') shall not apply to a vulnerability disclosure program 
     established under this section.
       ``(f) Congressional Reporting.--Not later than 90 days 
     after the date of enactment of the Federal Information 
     Security Modernization Act of 2021, and annually thereafter 
     for a 3-year period, the Director shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Oversight and Reform of the 
     House of Representatives a briefing on the status of the use 
     of vulnerability disclosure policies under this section at 
     agencies, including, with respect to the guidance issued 
     under subsection (b)(3), an identification of the agencies 
     that are compliant and not compliant.
       ``(g) Exemptions.--The authorities and functions of the 
     Director and Director of the Cybersecurity and Infrastructure 
     Security Agency under this section shall not apply to 
     national security systems.
       ``(h) Delegation of Authority for Certain Systems.--The 
     authorities of the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency described in 
     this section shall be delegated--
       ``(1) to the Secretary of Defense in the case of systems 
     described in section 3553(e)(2); and
       ``(2) to the Director of National Intelligence in the case 
     of systems described in section 3553(e)(3).''.
       (b) Clerical Amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding 
     after the item relating to section 3559A, as added by section 
     204, the following:

``3559B. Federal vulnerability disclosure programs.''.

     SEC. 5147. IMPLEMENTING PRESUMPTION OF COMPROMISE AND LEAST 
                   PRIVILEGE PRINCIPLES.

       (a) Guidance.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall provide an update 
     to the appropriate congressional committees on progress in 
     increasing the internal defenses of agency systems, 
     including--
       (1) shifting away from ``trusted networks'' to implement 
     security controls based on a presumption of compromise;
       (2) implementing principles of least privilege in 
     administering information security programs;
       (3) limiting the ability of entities that cause incidents 
     to move laterally through or between agency systems;
       (4) identifying incidents quickly;
       (5) isolating and removing unauthorized entities from 
     agency systems quickly;
       (6) otherwise increasing the resource costs for entities 
     that cause incidents to be successful; and
       (7) a summary of the agency progress reports required under 
     subsection (b).
       (b) Agency Progress Reports.--Not later than 1 year after 
     the date of enactment of this Act, the head of each agency 
     shall submit to the Director a progress report on 
     implementing an information security program based on the 
     presumption of compromise and least privilege principles, 
     which shall include--
       (1) a description of any steps the agency has completed, 
     including progress toward achieving requirements issued by 
     the Director;
       (2) an identification of activities that have not yet been 
     completed and that would have the most immediate security 
     impact; and
       (3) a schedule to implement any planned activities.

     SEC. 5148. AUTOMATION REPORTS.

       (a) OMB Report.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall submit to the 
     appropriate congressional committees a report on the use of 
     automation under paragraphs (1), (5)(C) and (8)(B) of section 
     3554(b) of title 44, United States Code.
       (b) GAO Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall perform a study on the use of automation and 
     machine readable data across the Federal Government for 
     cybersecurity purposes, including the automated updating of 
     cybersecurity tools, sensors, or processes by agencies.

     SEC. 5149. EXTENSION OF FEDERAL ACQUISITION SECURITY COUNCIL.

       Section 1328 of title 41, United States Code, is amended by 
     striking ``the date that'' and all that follows and inserting 
     ``December 31, 2026.''.

     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

[[Page S8271]]

     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:

       ``(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

[[Page S8272]]

     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).
                                 ______
                                 
  SA 4675. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle E of title VIII, add the following:

     SEC. 857. PROHIBITION ON CONTRACTS THAT BENEFIT CHINESE 
                   COMMUNIST PARTY.

       (a) In General.--The Secretary of Defense may not enter 
     into a contract for defense articles or services that are--
       (1) developed or manufactured by, or include parts from, 
     the Chinese Communist Party;
       (2) provided by an entity that has suspected ties to the 
     Chinese Communist Party; or
       (3) provided by an entity that provides defense articles or 
     services, including research, engineering, and technology, to 
     the Chinese Communist Party.
       (b) Defense Articles or Services Defined.--In this section, 
     the term ``defense articles or services'' means defense 
     articles or services designated by the President under 
     section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 
     2778(a)(1)).
                                 ______
                                 
  SA 4676. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

     SEC. ___. VETERANS CYBERSECURITY AND DIGITAL LITERACY GRANT 
                   PROGRAM.

       (a) Findings.--Congress finds the following:
       (1) Adversaries from Russia, China, and Iran are using 
     information warfare to influence democracies across the 
     world, and extremist organizations often use digital 
     communications to recruit members. Influence campaigns from 
     foreign adversaries reached tens of millions of voters during 
     the 2016 and 2018 elections with racially and divisively 
     targeted messages. The Unites States can fight these 
     influences by ensuring that citizens of the United States 
     possess the necessary skills to discern disinformation and 
     misinformation and protect themselves from foreign influence 
     campaigns.
       (2) Researchers have documented persistent, pervasive, and 
     coordinated online targeting of members of the Armed Forces, 
     veterans, and their families by foreign adversaries seeking 
     to undermine United States democracy in part because of 
     public trust placed in these communities.
       (3) A 2017 report by the University of Oxford's Graphika 
     Institute, titled ``Social Media Disinformation Campaigns 
     Against US Military Personnel and Veterans'', concluded that 
     ``The pubic tends to place trust in military personnel and 
     veterans, making them potentially influential voters and 
     community leaders. Given this trust and their role in 
     ensuring national security, these individuals have the 
     potential to become particular targets for influence 
     operations and information campaigns conducted on social 
     media. There are already reports of US service personnel 
     being confronted by foreign intelligence agencies while 
     posted abroad, with details of their personal lives gleaned 
     from social media.''.
       (4) The Select Committee on Intelligence of the Senate 
     found in its investigation of the interference in the 2016 
     election that social media posts by the Internet Research 
     Agency (IRA) of Russia reached tens of millions of voters in 
     2016 and were meant to pit the people of the United States 
     against one another and sow discord. Volume II of the 
     Committee's investigation found that the Internet Research 
     Agency's Instagram account with the second largest reach used 
     the handle ``@american.veterans'' and was ``aimed at 
     patriotic, conservative audiences, collected 215,680 
     followers, and generated nearly 18.5 million engagements.''.
       (5) A 2019 investigative report by the Vietnam Veterans of 
     America (VVA) titled ``An Investigation into Foreign Entities 
     who are Targeting Troops and Veterans Online'', found that 
     the Internet Research Agency targeted veterans and the 
     followers of several congressionally chartered veterans 
     service organizations with at least 113 advertisements during 
     and following the 2016 election and that ``this represents a 
     fraction of the Russian activity that targeted this community 
     with divisive propaganda.''. The report also found that 
     foreign actors have been impersonating veterans through 
     social-media accounts and interacting with veterans and 
     veterans groups on social media to spread propaganda and 
     disinformation. To counter these acts, Vietnam Veterans of 
     America recommended that the Department of Veterans Affairs 
     ``immediately develop plans to make the cyber-hygiene of 
     veterans an urgent priority within the Department of Veterans 
     Affairs. The VA must educate and train veterans on personal 
     cybersecurity: how to mitigate vulnerabilities, vigilantly 
     maintain safe practices, and recognize threats, including how 
     to identify instances of online manipulation.''.
       (6) The Cyberspace Solarium Commission, a bicameral and 
     bipartisan commission, established by section 1652 of the 
     John S. McCain National Defense Authorization Act for Fiscal 
     Year 2019 (Public Law 115-232), concluded in its finished 
     report that the ``U.S. government should promote digital 
     literacy, civics education, and public awareness to build 
     societal resilience to foreign, malign cyber-enabled 
     information operations and that the U.S. government must 
     ensure that individual Americans have both the digital 
     literacy tools and the civics education they need to secure 
     their networks and their democracy from cyber-enabled 
     information operations.''. The report recommended that 
     Congress authorizing grant programs to do this.
       (b) Sense of Congress.--It is the sense of Congress that, 
     given the threat foreign influence campaigns pose for United 
     States democracy and the findings and recommendations of 
     Congress and experts, Congress must immediately act to pass 
     legislative measures

[[Page S8273]]

     to increase digital and media literacy as well as cyber-
     hygiene among veterans.
       (c) Program Required.--The Secretary shall establish a 
     program to promote digital citizenship and media literacy, 
     through which the Secretary shall award grants to eligible 
     entities to enable those eligible entities to carry out the 
     activities described in subsection (e).
       (d) Application.--An eligible entity seeking a grant under 
     the program required by subsection (c) shall submit to the 
     Secretary an application therefor at such time, in such 
     manner, and containing such information as the Secretary may 
     require, including, at a minimum the following:
       (1) A description of the activities the eligible entity 
     intends to carry out with the grant funds.
       (2) An estimate of the costs associated with such 
     activities.
       (3) Such other information and assurances as the Secretary 
     may require.
       (e) Activities.--An eligible entity shall use the amount of 
     a grant awarded under the program required by subsection (c) 
     to carry out one or more of the following activities to 
     improve cyber-hygiene and increase digital and media literacy 
     among veterans:
       (1) Develop competencies in cyber-hygiene.
       (2) Develop media literacy and digital citizenship 
     competencies by promoting veterans'--
       (A) research and information fluency;
       (B) critical thinking and problem solving skills;
       (C) technology operations and concepts;
       (D) information and technological literacy;
       (E) concepts of media and digital representation and 
     stereotyping;
       (F) understanding of explicit and implicit media and 
     digital messages;
       (G) understanding of values and points of view that are 
     included and excluded in media and digital content;
       (H) understanding of how media and digital content may 
     influence ideas and behaviors;
       (I) understanding of the importance of obtaining 
     information from multiple media sources and evaluating 
     sources for quality;
       (J) understanding how information on digital platforms can 
     be altered through algorithms, editing, and augmented 
     reality;
       (K) ability to create media and digital content in 
     civically and socially responsible ways; and
       (L) understanding of influence campaigns conducted by 
     foreign adversaries and the tactics employed by foreign 
     adversaries for conducting influence campaigns.
       (f) Reporting.--
       (1) Reports by grant recipients.--Each recipient of a grant 
     under the program required by subsection (c) shall, not later 
     than one year after the date on which the recipient first 
     receives funds pursuant to the grant, submit to the Secretary 
     a report describing the activities the recipient carried out 
     using grant funds and the effectiveness of those activities.
       (2) Report by the secretary.--Not later than 90 days after 
     the date on which the Secretary receives the last report the 
     Secretary expects to receive under paragraph (1), the 
     Secretary shall submit to Congress a report describing the 
     activities carried out under this section and the 
     effectiveness of those activities.
       (g) Sense of Congress.--It is the sense of Congress that 
     the Secretary should--
       (1) establish and maintain a list of eligible entities that 
     receive a grant under the program required by subsection (c), 
     and individuals designated by those eligible entities as 
     participating individuals; and
       (2) make that list available to those eligible entities and 
     participating individuals in order to promote communication 
     and further exchange of information regarding sound digital 
     citizenship and media literacy practices among recipients of 
     grants under the program required by subsection (c).
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     fiscal year 2022.
       (i) Definitions.--In this section:
       (1) Cyber-hygiene.--The term ``cyber-hygiene'' means 
     practices and steps that users of computers and other 
     internet connected devices take to maintain and improve 
     online security, maintain the proper functioning of computers 
     devices, and protect computers and devices from cyberattacks 
     and unauthorized use.
       (2) Digital citizenship.--The term ``digital citizenship'' 
     means the ability to--
       (A) safely, responsibly, and ethically use communication 
     technologies and digital information technology tools and 
     platforms;
       (B) create and share media content using principles of 
     social and civic responsibility and with awareness of the 
     legal and ethical issues involved; and
       (C) participate in the political, economic, social, and 
     cultural aspects of life related to technology, 
     communications, and the digital world by consuming and 
     creating digital content, including media.
       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) a civil society organization, including community 
     groups, nongovernmental organizations, nonprofit 
     organization, labor organizations, indigenous groups, 
     charitable organizations, professional associations, and 
     foundations; and
       (B) congressionally chartered veterans service 
     organizations.
       (4) Media literacy.--The term ``media literacy'' means the 
     ability to--
       (A) access relevant and accurate information through media 
     in a variety of forms;
       (B) critically analyze media content and the influences of 
     different forms of media;
       (C) evaluate the comprehensiveness, relevance, credibility, 
     authority, and accuracy of information;
       (D) make educated decisions based on information obtained 
     from media and digital sources;
       (E) operate various forms of technology and digital tools; 
     and
       (F) reflect on how the use of media and technology may 
     affect private and public life.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Veterans Affairs.
                                 ______
                                 
  SA 4677. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle A of title XII, add the following:

     SEC. 1210. GLOBAL ELECTORAL EXCHANGE PROGRAM.

       (a) Short Title.--This section may be cited as the ``Global 
     Electoral Exchange Act of 2021''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) recent elections globally have illustrated the urgent 
     need for the promotion and exchange of international best 
     election practices, particularly in the areas of 
     cybersecurity, results transmission, transparency of 
     electoral data, election dispute resolution, and the 
     elimination of discriminatory registration practices and 
     other electoral irregularities;
       (2) the advancement of democracy worldwide promotes United 
     States interests, as stable democracies provide new market 
     opportunities, improve global health outcomes, and promote 
     economic freedom and regional security;
       (3) credible elections are the cornerstone of a healthy 
     democracy and enable all persons to exercise their basic 
     human right to have a say in how they are governed;
       (4) inclusive elections strengthen the credibility and 
     stability of democracies more broadly;
       (5) at the heart of a strong election cycle is the 
     professionalism of the election management body and an 
     empowered civil society;
       (6) the development of local expertise via peer-to-peer 
     learning and exchanges promotes the independence of such 
     bodies from internal and external influence; and
       (7) supporting the efforts of peoples in democratizing 
     societies to build more representative governments in their 
     respective countries is in the national interest of the 
     United States.
       (c) Global Electoral Exchange.--
       (1) In general.--The Global Engagement Center (referred to 
     in this section as the ``Center'') at the Department of State 
     is authorized to establish and administer a Global Electoral 
     Exchange Program (referred to in this section as the 
     ``Program'') to promote the utilization of sound election 
     administration practices around the world.
       (2) Purpose.--The purpose of the Program shall include the 
     promotion and exchange of international best election 
     practices, including in the areas of--
       (A) cybersecurity;
       (B) the protection of election systems against influence 
     campaigns;
       (C) results transmission;
       (D) transparency of electoral data;
       (E) election dispute resolution;
       (F) the elimination of discriminatory registration 
     practices and electoral irregularities;
       (G) inclusive and equitable promotion of candidate 
     participation;
       (H) equitable access to polling places, voter education 
     information, and voting mechanisms (including by persons with 
     disabilities); and
       (I) other sound election administration practices.
       (3) Exchange of electoral authorities.--
       (A) In general.--The Center, in consultation, as 
     appropriate, with the United States Agency for International 
     Development, may award grants to any United States-based 
     organization that--
       (i) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code;
       (ii) has experience in, and a primary focus on, foreign 
     comparative election systems or subject matter expertise in 
     the administration or integrity of such systems; and
       (iii) submits an application in such form, and satisfying 
     such requirements, as the Center may require.
       (B) Types of grants.--An organization described in 
     subparagraph (A) may receive a grant under this paragraph to 
     design and implement programs that--
       (i) bring to the United States election administrators and 
     officials, including government officials, poll workers, 
     civil society representatives, members of the judiciary, and 
     others who participate in the organization and administration 
     of public elections in a foreign country that faces 
     challenges to

[[Page S8274]]

     its electoral process to study election procedures in the 
     United States for educational purposes; or
       (ii) take election administrators and officials of the 
     United States or of another country, including government 
     officials, poll workers, civil society representatives, 
     members of the judiciary, and others who participate in the 
     organization and administration of public elections to 
     another country to study and discuss election procedures in 
     such country for educational purposes.
       (C) Limits on activities.--Activities administered under 
     the Program may not--
       (i) include observation of an election for the purposes of 
     assessing the validity or legitimacy of that election;
       (ii) facilitate any advocacy for a certain electoral result 
     by a grantee when participating in the Program; or
       (iii) be carried out without proper consultation with State 
     and local authorities in the United States that administer 
     elections.
       (D) Sense of congress.--It is the sense of Congress that 
     the Center should establish and maintain a network of Global 
     Electoral Exchange Program alumni, to promote communication 
     and further exchange of information regarding sound election 
     administration practices among current and former Program 
     participants.
       (E) Limitation.--A recipient of a grant under the Program 
     may only use such grant for the purpose for which such grant 
     was awarded, unless otherwise authorized by the Center.
       (F) Nonduplicative.--Grants made under this paragraph may 
     not be duplicative of any other grants made under any other 
     provision of law for similar or related purposes.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2022 through 2026 to carry out this subsection.
       (d) Congressional Oversight.--Not later than 1 year after 
     the date of the enactment of this Act and annually thereafter 
     for the following 2 years, the Center shall provide a 
     briefing to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives regarding the status of any activities 
     carried out pursuant to subsection (c) during the preceding 
     year, which shall include--
       (1) a summary of all exchanges conducted under the Global 
     Electoral Exchange Program, including information regarding 
     grantees, participants, and the locations where program 
     activities were held;
       (2) a description of the criteria used to select grantees 
     under the Global Electoral Exchange Program; and
       (3) recommendations for the improvement of the Global 
     Electoral Exchange Program in furtherance of the purpose 
     specified in subsection (c)(2).
                                 ______
                                 
  SA 4678. Mr. SCHUMER (for himself and 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 in title X, insert the following:

     SEC. ___. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON 
                   OPPORTUNITIES FOR USE OF VETERANS EDUCATIONAL 
                   ASSISTANCE TO PURSUE CAREERS IN OUTDOOR 
                   RECREATION.

       (a) Study Required.--The Comptroller General of the United 
     States shall conduct a study on the use by veterans of 
     educational assistance provided under laws administered by 
     the Secretary of Veterans Affairs to pursue careers in 
     outdoor recreation.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) Identification of opportunities for veterans to use 
     educational assistance provided under laws administered by 
     the Secretary of Veterans Affairs to pursue careers in 
     outdoor recreation in the private sector and in the public 
     sector.
       (2) Identification of any difficulties with using the 
     educational assistance provided under laws administered by 
     the Secretary to veterans to pursue careers in outdoor 
     recreation in the private and public sector, including 
     trained, apprentice, assistant, and certified guides.
       (3) Assessment of the availability of opportunities for 
     careers in outdoor recreation at the following:
       (A) The Department of Agriculture.
       (B) The Department of the Interior.
       (C) The Army Corps of Engineers.
       (D) The National Oceanic and Atmospheric Administration.
       (4) Identification of any challenges veterans may have 
     pursuing careers in outdoor recreation at the agencies list 
     under paragraph (3).
       (5) Identification of options to increase opportunities for 
     veterans to pursue careers in outdoor recreation at the 
     agencies listed under paragraph (3).
       (c) Stakeholder Perspectives.--In conducting the study 
     required by subsection (a), the Comptroller General shall 
     obtain the perspectives of the outdoor recreation industry, 
     veterans groups focusing on the outdoors, nongovernmental 
     organizations, and other interested stakeholders.
       (d) Briefing and Report.--
       (1) Briefing.--Not later than 240 days after the date of 
     the enactment of this Act, the Comptroller General shall 
     provide the Committee on Veterans' Affairs of the Senate and 
     the Committee on Veterans' Affairs of the House of 
     Representatives a briefing on the study required by 
     subsection (a).
       (2) Report.--After providing the briefing required by 
     paragraph (1), the Comptroller General shall submit to the 
     committees described in such paragraph a report on the 
     findings of the Comptroller General with respect to the study 
     completed under subsection (a).
       (e) Outdoor Recreation Defined.--In this section, the term 
     ``outdoor recreation'' means recreational activities 
     undertaken for pleasure that--
       (1) generally involve some level of intentional physical 
     exertion; and
       (2) occur in nature-based environments outdoors.
                                 ______
                                 
  SA 4679. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. ____. TREATMENT OF HOURS WORKED UNDER A QUALIFIED TRADE-
                   OF-TIME ARRANGEMENT.

       Section 5542 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(h)(1)(A) Notwithstanding any other provision of this 
     section or section 5545b, any hours worked by a firefighter 
     under a qualified trade-of-time arrangement shall be 
     disregarded for purposes of any determination relating to 
     eligibility for, or the amount of, any overtime pay under 
     this section, including overtime pay under the Fair Labor 
     Standards Act in accordance with subsection (c).
       ``(B) The Director of the Office of Personnel Management--
       ``(i) shall identify the situations in which a firefighter 
     shall be deemed to have worked hours actually worked by a 
     substituting firefighter under a qualified trade-of-time 
     arrangement; and
       ``(ii) may adopt necessary policies governing the treatment 
     of both a substituting and substituted firefighter under a 
     qualified trade-of-time arrangement, without regard to how 
     those firefighters would otherwise be treated under other 
     provisions of law or regulation.
       ``(2) In this subsection--
       ``(A) the term `firefighter' means an employee--
       ``(i) the work schedule of whom includes 24-hour duty 
     shifts; and
       ``(ii) who--
       ``(I) is a firefighter, as defined in section 8331(21) or 
     8401(14);
       ``(II) in the case of an employee who holds a supervisory 
     or administrative position and is subject to subchapter III 
     of chapter 83, but who does not qualify to be considered a 
     firefighter within the meaning of section 8331(21), would so 
     qualify if such employee had transferred directly to such 
     position after serving as a firefighter within the meaning of 
     such section;
       ``(III) in the case of an employee who holds a supervisory 
     or administrative position and is subject to chapter 84, but 
     who does not qualify to be considered a firefighter within 
     the meaning of section 8401(14), would so qualify if such 
     employee had transferred directly to such position after 
     performing duties described in section 8401(14)(A) and (B) 
     for at least 3 years; and
       ``(IV) in the case of an employee who is not subject to 
     subchapter III of chapter 83 or chapter 84, holds a position 
     that the Office of Personnel Management determines would 
     satisfy subclause (I), (II), or (III) if the employee were 
     subject to subchapter III of chapter 83 or chapter 84; and
       ``(B) the term `qualified trade-of-time arrangement' means 
     an arrangement under which 2 firefighters who are subject to 
     the supervision of the same fire chief agree, solely at their 
     option and with the approval of the employing agency, to 
     substitute for one another during scheduled work hours in the 
     performance of work in the same capacity.''.
                                 ______
                                 
  SA 4680. 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

[[Page S8275]]

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. RESEARCH AND EDUCATIONAL ACTIVITIES TO SUPPORT 
                   SPACE TECHNOLOGY DEVELOPMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Air Force and 
     the Chief of Space Operations, in coordination with the Chief 
     Technology and Innovation Office of the Space Force, may 
     carry out research and educational activities to support 
     space technology development.
       (b) Activities.--Activities carried out 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;
       (7) space applications for cybersecurity; and
       (8) any other matter the Secretary of the Air Forces 
     considers relevant.
       (c) Education and Training.--Activities carried out 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.
                                 ______
                                 
  SA 4681. 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.--
       ``(1) In general.--The Secretary may waive the prohibition 
     under subsection (a) with respect to the acquisition of a 
     covered component if the Secretary--
       ``(A) determines that--
       ``(i) no significant national security concerns regarding 
     counterfeiting, quality, or unauthorized access would be 
     created by waiving the prohibition;
       ``(ii) the acquisition of the covered component is required 
     to support national security; and
       ``(iii) 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
       ``(B) submits to the congressional defense committees a 
     report on the determination under subparagraph (A).
       ``(2) Prohibition on acquisition from covered nations.--A 
     waiver under paragraph (1) may not authorize the acquisition 
     of a covered component from a covered nation.
       ``(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) Covered nation.--The term `covered nation' means--
       ``(A) the Democratic People's Republic of North Korea;
       ``(B) the People's Republic of China;
       ``(C) the Russian Federation; and
       ``(D) the Islamic Republic of Iran.
       ``(3) 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 4682. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title XII, add the following:

     SEC. 1283. LIMITATION ON REMOVING GOVERNMENT OF CUBA FROM 
                   STATE SPONSORS OF TERRORISM LIST UNTIL 
                   PRESIDENT CERTIFIES CUBA NO LONGER PROVIDES 
                   SANCTUARY TO TERRORISTS.

       The President may not remove Cuba from the list of state 
     sponsors of terrorism until the President, without 
     delegation, certifies and reports to Congress that the 
     Government of Cuba has ceased to provide sanctuary to 
     terrorists.
                                 ______
                                 
  SA 4683. 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 known as 
     ``COVID-19'') or penalize such members for not receiving such 
     vaccine until the date on which all religious and medical 
     accommodation requests 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 4684. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

[[Page S8276]]

  


     SEC. __. REQUIREMENT TO EXPEDITE REQUESTS FOR COST 
                   MODIFICATIONS TO DEPARTMENT OF DEFENSE 
                   CONTRACTS RESULTING FROM SUPPLY CHAIN 
                   CHALLENGES.

       The Secretary of Defense shall expedite any request for a 
     cost modification to a contract of the Department of Defense 
     that results from supply chain challenges.
                                 ______
                                 
  SA 4685. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 853 and insert the following:

     SEC. 853. DETERMINATION WITH RESPECT TO OPTICAL FIBER FOR 
                   DEPARTMENT OF DEFENSE PURPOSES.

       (a) Determination.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     review access, metro, and long-haul passive optical fiber and 
     optical fiber cable that is manufactured or produced by an 
     entity owned or partially owned by the People's Republic of 
     China for potential inclusion on the list of covered 
     communications equipment pursuant to section 2 of the Secure 
     and Trusted Communications Networks Act of 2019 (47 U.S.C. 
     1601).
       (2) Applicability.--If the Secretary of Defense makes a 
     determination that any such optical fiber or optical fiber 
     cable would pose an unacceptable risk to the national 
     security of the United States or the security and safety of 
     United States persons and should be included on the list, any 
     such inclusion shall apply to such optical fiber or optical 
     fiber cable deployed after such determination.
       (b) Notification Requirement.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall notify the congressional defense committees of 
     the findings of the review and determination required under 
     subsection (a), 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.
       (c) Savings Clause.--No determination made under section 
     (a) shall impact the current filing and reimbursement process 
     for the Secure and Trusted Communications Networks Program at 
     the Federal Communications Commission.
       (d) Definitions.--In this section:
       (1) The term ``access'' means optical fiber and optical 
     fiber cable that connects subscribers (residential and 
     business) and radio sites to a service provider.
       (2) The term ``long haul'' means optical fiber and optical 
     fiber cable that connects cities and metropolitan areas.
       (3) The term ``metro'' means optical fiber and optical 
     fiber cable that connects city business districts and central 
     city and suburban areas.
       (4) The term ``passive'' means unpowered optical fiber and 
     optical fiber cable.
                                 ______
                                 
  SA 4686. Mr. CORNYN (for himself and Mr. King) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

     SEC. ___. STUDY ON SUPPLY CHAINS CRITICAL TO NATIONAL 
                   SECURITY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence shall, in 
     coordination with the Director of the Central Intelligence 
     Agency and the heads of such elements of the intelligence 
     community as the Director of National Intelligence considers 
     appropriate--
       (1) complete a study--
       (A) to identify--
       (i) supply chains that are critical to the national 
     security, economic security, or public health or safety of 
     the United States; and
       (ii) important vulnerabilities in such supply chains; and
       (B) to develop recommendations for legislative or 
     administrative action to secure the supply chains identified 
     under subparagraph (A)(i); and
       (2) submit to the congressional intelligence committees (as 
     that term is defined in section 3 of the National Security 
     Act of 1947 (50 U.S.C. 3003)), the Committee on Armed 
     Services of the Senate, and the Committee on Armed Services 
     of the House of Representatives the findings of the directors 
     with respect to the study conducted under paragraph (1).
                                 ______
                                 
  SA 4687. 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. RESEARCH AND EDUCATIONAL ACTIVITIES TO SUPPORT 
                   SPACE TECHNOLOGY DEVELOPMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Air Force and 
     the Chief of Space Operations, in coordination with the Chief 
     Technology and Innovation Office of the Space Force, may 
     carry out research and educational activities to support 
     space technology development.
       (b) Activities.--Activities carried out 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;
       (7) space applications for cybersecurity; and
       (8) any other matter the Secretary of the Air Forces 
     considers relevant.
       (c) Education and Training.--Activities carried out 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.
                                 ______
                                 
  SA 4688. Ms. CORTEZ MASTO (for herself and Mr. Daines) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

     SEC. ___. NATIONAL SCIENCE AND TECHNOLOGY STRATEGY.

       Title II of the National Science and Technology Policy, 
     Organization, and Priorities Act of 1976 (42 U.S.C. 6611 et 
     seq.) is amended by striking section 206 and inserting the 
     following:

     ``SEC. 206. NATIONAL SCIENCE AND TECHNOLOGY STRATEGY.

       ``(a) Strategy Required.--Not later than the end of each 
     calendar year immediately after the calendar year in which a 
     review under section 206A(b) is completed, the Director of 
     the Office of Science and Technology Policy, in consultation 
     with the National Science and Technology Council, shall 
     develop and submit to Congress a comprehensive national 
     science and technology strategy of the United States to meet 
     national research and development objectives for the 
     following 4-year period (in this section referred to as the 
     `national science and technology strategy').
       ``(b) Requirements.--Each national science and technology 
     strategy required by subsection (a) shall delineate a 
     national science and technology strategy consistent with--
       ``(1) the recommendations and priorities developed pursuant 
     to the review most recently completed under section 206A(b);
       ``(2) the most recent national security strategy report 
     submitted pursuant to section 1032 of the National Defense 
     Authorization Act for Fiscal Year 2012 (50 U.S.C. 3043);
       ``(3) other relevant national plans; and
       ``(4) the strategic plans of relevant Federal departments 
     and agencies.
       ``(c) Consultation.--The Director of the Office of Science 
     and Technology Policy shall consult, as necessary, with the 
     Director of the Office of Management and Budget and other 
     appropriate elements of the Executive Office of the President 
     to ensure that the recommendations and priorities delineated 
     in the science and technology strategy are incorporated in 
     the development of annual budget requests.
       ``(d) Annual Reports.--
       ``(1) In general.--The President shall submit to Congress 
     each year a comprehensive report on the national science and 
     technology strategy of the United States.
       ``(2) Contents.--Each report submitted under paragraph (1) 
     shall include a description of the following:
       ``(A) The strategic objectives and priorities necessary to 
     maintain the leadership of the United States in science and 
     technology and to advance science and technology to address

[[Page S8277]]

     societal and national challenges, including near-term, 
     medium-term, and long-term research priorities.
       ``(B) The programs, policies, and activities that the 
     President recommends across all Federal agencies to achieve 
     the strategic objectives in subparagraph (A).
       ``(C) The global trends in science and technology, 
     including potential threats to the leadership of the United 
     States in science and technology and opportunities for 
     international collaboration in science and technology.
       ``(e) Publication.--The Director shall, consistent to the 
     maximum extent practicable with the protection of national 
     security and other sensitive matters, make each report 
     submitted under subsection (d) publicly available on an 
     internet website of the Office of Science and Technology 
     Policy.

     ``SEC. 206A. INTERAGENCY QUADRENNIAL INNOVATION AND 
                   TECHNOLOGY REVIEW.

       ``(a) Definitions.--In this section:
       ``(1) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Commerce, Science, and 
     Transportation, the Committee on Armed Services, the 
     Committee on Appropriations, the Committee on Environment and 
     Public Works, the Committee on Foreign Relations, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       ``(B) the Committee on Energy and Commerce, the Committee 
     on Armed Services, the Committee on Appropriations, the 
     Committee on Foreign Affairs, the Committee Science, Space, 
     and Technology and the Committee on Homeland Security of the 
     House of Representatives.
       ``(2) Interagency.--The term `interagency' with respect to 
     a review means that the review is conducted in consultation 
     and coordination between Federal agencies, including the 
     Department of Commerce, the Department of Transportation, the 
     Department of Defense, the Department of Energy, the 
     Environmental Protection Agency, and such other related 
     agencies as the Director of the Office of Science and 
     Technology Policy considers appropriate, as well as the 
     following:
       ``(A) The National Science and Technology Council.
       ``(B) The President's Council of Advisors on Science and 
     Technology.
       ``(C) The National Science Board.
       ``(D) the National Security Council.
       ``(E) The Council of Economic Advisers.
       ``(F) The National Economic Council.
       ``(G) The Domestic Policy Council.
       ``(H) The Office of the United States Trade Representative.
       ``(b) Interagency Quadrennial Innovation and Technology 
     Review Required.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2022, and every 4 years thereafter, the Director 
     of the Office of Science and Technology Policy shall complete 
     an interagency review of the science and technology 
     enterprise of the United States (in this section referred to 
     as the `quadrennial innovation and technology review').
       ``(2) Scope.--The quadrennial science and technology review 
     shall be a comprehensive examination of the science and 
     technology strategy of the United States, including 
     recommendations for maintaining global leadership in science 
     and technology and advancing science and technology to 
     address the societal and national challenges and guidance on 
     the coordination of programs, assets, capabilities, budget, 
     policies, and authorities across all Federal research and 
     development programs.
       ``(3) Consultation.--In carrying out each quadrennial 
     innovation and technology review, the Director of the Office 
     of Science and Technology Policy shall consult with the 
     following:
       ``(A) Congress.
       ``(B) Federal agencies, including Federal agencies not 
     described in subsection (a)(2).
       ``(C) Experts in national security.
       ``(D) Representatives of specific technology industries, as 
     the Director considers appropriate.
       ``(E) Academics.
       ``(F) State, local, and Tribal governments.
       ``(G) Nongovernmental organizations.
       ``(H) The public.
       ``(c) Contents.--In each quadrennial innovation and 
     technology review, the Director shall--
       ``(1) provide an integrated view of, and recommendations 
     for, science and technology policy across the Federal 
     Government, while considering economic and national security 
     and other societal and national challenges;
       ``(2) assess and recommend priorities for research, 
     development, and demonstration programs to maintain American 
     leadership in science and technology;
       ``(3) assess and recommend priorities for research, 
     development, and demonstration programs to address societal 
     and national challenges;
       ``(4) assess the global competition in science and 
     technology and identify potential threats to the leadership 
     of the United States in science and technology opportunities 
     for international collaboration;
       ``(5) assess and make recommendations on the science, 
     technology, engineering, mathematics, and computer science 
     workforce in the United States;
       ``(6) assess and make recommendations to improve regional 
     innovation across the United States;
       ``(7) assess and make recommendations to improve 
     translation of basic research and the enhancement of 
     technology transfer of federally funded research;
       ``(8) assess and identify the infrastructure and tools 
     needed to maintain the leadership of the United States in 
     science and technology and address other societal and 
     national challenges; and
       ``(9) review administrative or legislative policies that 
     affect the science and technology enterprise and identify and 
     make recommendations on policies that hinder research and 
     development in the United States.
       ``(d) Coordination.--The Director shall ensure that each 
     quadrennial innovation and technology review conducted under 
     this section is coordinated with efforts to carry out other 
     relevant statutorily required reviews, and to the maximum 
     extent practicable incorporates information and 
     recommendations from other reviews in order to avoid 
     duplication.
       ``(e) Reporting.--
       ``(1) In general.--Not later than December 31 of the year 
     in which a quadrennial innovation and technology review is 
     conducted, the Director shall submit to Congress a report of 
     the review.
       ``(2) Publication.--The Director shall, consistent to the 
     maximum extent possible with the protection of national 
     security and other sensitive matters, make each report 
     submitted under paragraph (1) publicly available on an 
     internet website of the Office of Science and Technology 
     Policy.''.
                                 ______
                                 
  SA 4689. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 10__. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF 
                   THE NAMES OF THE LOST CREW MEMBERS OF THE 
                   U.S.S. FRANK E. EVANS KILLED ON JUNE 3, 1969.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Defense shall 
     authorize the inclusion on the Vietnam Veterans Memorial Wall 
     in the District of Columbia of the names of the 74 crew 
     members of the U.S.S. Frank E. Evans killed on June 3, 1969.
       (b) Required Consultation.--The Secretary of Defense shall 
     consult with the Secretary of the Interior, the American 
     Battlefield Monuments Commission, and other applicable 
     authorities with respect to any adjustments to the 
     nomenclature and placement of names pursuant to subsection 
     (a) to address any space limitations on the placement of 
     additional names on the Vietnam Veterans Memorial Wall.
       (c) Nonapplicability of Commemorative Works Act.--Chapter 
     89 of title 40, United States Code (commonly known as the 
     ``Commemorative Works Act''), shall not apply to any 
     activities carried out under subsection (a) or (b).
                                 ______
                                 
  SA 4690. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle E of title XII, add the following:

     SEC. 1253. DISCLOSURES REQUIRED BY UNITED STATES FINANCIAL 
                   INSTITUTIONS INVESTING IN PEOPLE'S REPUBLIC OF 
                   CHINA.

       (a) In General.--The Secretary of Defense shall--
       (1) require any United States financial institution that 
     makes an investment described subsection (b) to disclose the 
     amount and purpose, and potential impacts on the national 
     defense, of such investments to the Secretary on an annual 
     basis; and
       (2) make such disclosures available to the public.
       (b) Investments Described.--An investment described in this 
     subsection is a monetary investment, in an amount that 
     exceeds a threshold to be determined by the Secretary, 
     directly or indirectly--
       (1) to--
       (A) the People's Republic of China;
       (B) an entity owned or controlled by the Chinese Communist 
     Party; or
       (C) the People's Liberation Army; or
       (2) for the benefit of any key industrial sector sponsored 
     by the Chinese Communist Party.
       (c) Consolidated Report.--Not less frequently than 
     annually, the Secretary shall compile the disclosures 
     submitted under subsection (a) and submit that compilation 
     and

[[Page S8278]]

     a summary of those disclosures to the congressional defense 
     committees.
       (d) Regulations.--The Secretary shall prescribe such 
     regulations as are necessary to carry out this section, which 
     may include--
       (1) requirements for documents and information to be 
     submitted with disclosures required under subsection (a); and
       (2) procedures for the determining the amount under 
     subsection (b).
       (e) United States Financial Institution Defined.--In this 
     section, the term ``United States financial institution'' 
     means a financial institution (as defined in section 5312 of 
     title 31, United States Code) organized under the laws of the 
     United States or of any jurisdiction within the United 
     States, including a foreign branch of such an institution.
                                 ______
                                 
  SA 4691. 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 B of title X, add the following:

     SEC. 1013. PROTECTING AMERICANS AGAINST FENTANYL AND OTHER 
                   SYNTHETIC OPIOIDS.

       (a) Statement of Policy.--It is the policy of the United 
     States that all cabinet officials and other Government 
     officers shall, in advancing American interests by working 
     with other countries and international organizations, 
     advocate for treating fentanyl and other synthetic opioids as 
     weapons of mass destruction.
       (b) Homeland Security Act of 2002.--Section 1921 of the 
     Homeland Security Act of 2002 (6 U.S.C. 591g) is amended by 
     inserting ``fentanyl or synthetic opioid,'' after 
     ``chemical,''.
       (c) Defense Against Weapons of Mass Destruction Act of 
     1996.--Section 1403(1) of the Defense Against Weapons of Mass 
     Destruction Act of 1996 (50 U.S.C. 2302(1)) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(D) illicit fentanyl, fentanyl analogues, or synthetic 
     opioids.''.
       (d) Foreign Intelligence Surveillance Act of 1978.--Section 
     101(p)(2) of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801(p)(2)) is amended by inserting ``, 
     including illicit fentanyl, fentanyl analogues, or synthetic 
     opioids'' after ``precursors''.
                                 ______
                                 
  SA 4692. 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 F of title X, add the following:

     SEC. 1054. REPORT ON USE OF DRUG DETECTION TECHNOLOGY AT THE 
                   BORDER.

       Not later than 6 months after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of Homeland 
     Security shall submit a report to Congress that describes--
       (1) the technology that has been authorized by U.S. Customs 
     and Border Protection to detect drug contraband entering the 
     United States at or between ports of entry;
       (2) the resources Congress has provided in furtherance of 
     the technology described in paragraph (1);
       (3) the technology that has been utilized at the United 
     States border to detect drug contraband entering the United 
     States at or between ports of entry; and
       (4) the resources that the Department of Homeland Security 
     has expended in furtherance of such technology.
                                 ______
                                 
  SA 4693. 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 F of title X, add the following:

     SEC. 1054. STUDY AND REPORT ON BILATERAL EFFORTS TO ADDRESS 
                   CHINESE FENTANYL TRAFFICKING.

       (a) Findings.--Congress finds the following:
       (1) In January 2020, the DEA named China as the primary 
     source of United States-bound illicit fentanyl and synthetic 
     opioids.
       (2) While in 2019 China instituted domestic controls on the 
     production and exportation of fentanyl, some of its variants, 
     and 2 precursors known as NPP and 4-ANPP, China has not yet 
     expanded its class scheduling to include many fentanyl 
     precursors such as 4-AP, which continue to be trafficked to 
     second countries in which they are used in the final 
     production of United States-bound fentanyl and other 
     synthetic opioids.
       (3) The DEA currently maintains a presence in Beijing but 
     continues to seek Chinese approval to open offices in the 
     major shipping hubs of Guangzhou and Shanghai.
       (b) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on the Judiciary of the House of 
     Representatives; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) China.--The term ``China'' means the People's Republic 
     of China.
       (3) DEA.--The term ``DEA'' means the Drug Enforcement 
     Administration.
       (4) Precursors.--The term ``precursors'' means chemicals 
     used in the illicit production of fentanyl and related 
     synthetic opioid variants.
       (c) China's Class Scheduling of Fentanyl and Synthetic 
     Opioid Precursors.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State and the 
     Attorney General shall submit to the appropriate committees 
     of Congress an unclassified written report, with a classified 
     annex, that includes--
       (1) a description of United States Government efforts to 
     gain a commitment from the Chinese Government to submit 
     unregulated fentanyl precursors such as 4-AP to controls; and
       (2) a plan for future steps the United States Government 
     will take to urge China to combat illicit fentanyl production 
     and trafficking originating in China.
       (d) Establishment of DEA Offices in China.--Not later than 
     180 days after enactment of this Act, the Secretary of State 
     and Attorney General shall provide to the appropriate 
     committees of Congress a classified briefing on--
       (1) outreach and negotiations undertaken by the United 
     States Government with the Chinese Government aimed at 
     securing its approval for the establishment of DEA offices in 
     Shanghai and Guangzhou, China; and
       (2) additional efforts to establish new partnerships with 
     provincial-level authorities to counter the illicit 
     trafficking of fentanyl, fentanyl analogues, and their 
     precursors.
       (e) Report on Drug Seizures.--Not later than 6 months after 
     the date of the enactment of this Act, and annually 
     thereafter, the Administrator of the Drug Enforcement 
     Administration, in coordination with the Office of National 
     Drug Control Policy, U.S. Customs and Border Protection, the 
     Department of Homeland Security, the Department of Justice, 
     the Coast Guard, the Centers for Disease Control and 
     Prevention, the Office of the United States Trade 
     Representative, the Office of the Director of National 
     Intelligence, the Central Intelligence Agency , the 
     Department of Defense, the United States Postal Service, and 
     other relevant agencies, shall submit a report to Congress 
     that describes--
       (1) with respect to illicit fentanyl, fentanyl analogues, 
     synthetic opioids, the precursors for illicit fentanyl, 
     fentanyl analogues, or synthetic opioids, methamphetamine, or 
     methamphetamine precursors seized at the United States 
     borders and ports of entry--
       (A) the source countries from which such drugs originated 
     and the third party countries through which such drugs 
     traveled;
       (B) the amounts of illicit fentanyl, fentanyl analogues, 
     synthetic opioids, the precursors for illicit fentanyl, 
     fentanyl analogues, or synthetic opioids, methamphetamine, or 
     methamphetamine precursors; and
       (C) the lethality of the amounts of illicit fentanyl, 
     fentanyl analogues, synthetic opioids, the precursors for 
     illicit fentanyl, fentanyl analogues, or synthetic opioids, 
     methamphetamine, or methamphetamine precursors seized;
       (2) with respect to illicit fentanyl, fentanyl analogues, 
     synthetic opioids, the precursors for illicit fentanyl, 
     fentanyl analogues, or synthetic opioids, methamphetamine, or 
     methamphetamine precursors seized within the United States--
       (A) the source countries from which such drugs originated 
     and the third party countries through which such drugs 
     traveled;
       (B) the amounts of illicit fentanyl, fentanyl analogues, 
     synthetic opioids, the precursors for illicit fentanyl, 
     fentanyl analogues, or synthetic opioids, methamphetamine, or 
     methamphetamine precursors seized; and
       (C) the lethality of the amounts of illicit fentanyl, 
     fentanyl analogues, synthetic opioids, the precursors for 
     illicit fentanyl, fentanyl analogues, or synthetic opioids, 
     methamphetamine, or methamphetamine precursors seized; and
       (3) the activities conducted by Chinese entities and 
     nationals in furtherance of illicit fentanyl production in 
     Mexico for drug trafficking purposes.

[[Page S8279]]

  

                                 ______
                                 
  SA 4694. 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 III, add the following:

     SEC. 376. BRIEFING ON DEPOT MAINTENANCE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Assistant Secretary of Defense 
     for Readiness shall brief the congressional defense 
     committees on the source of repair decision-making process of 
     the Department of Defense for depots.
       (b) Elements.--The briefing required under subsection (a) 
     shall include--
       (1) information on how costs and risks to readiness of the 
     Armed Forces are being addressed in the process described in 
     subsection (a);
       (2) a timeline for decision making under such process; and
       (3) an assessment of the objective balance of workload 
     between the public and private sectors under such process.
                                 ______
                                 
  SA 4695. 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 C of title XV, add the following:

     SEC. 1548. REPORT ON INCREASING TRAINING CAPACITY FOR WEAPONS 
                   OF MASS DESTRUCTION CIVIL SUPPORT TEAMS.

       Not later than December 31, 2022, the Secretary of Defense, 
     in consultation with the Chief of the National Guard Bureau 
     and the Secretary of Energy, shall submit to the 
     congressional defense committees a report--
       (1) assessing the feasibility of increasing training 
     capacity for weapons of mass destruction civil support teams, 
     including through--
       (A) the establishment of new facilities and programs to 
     provide such training; and
       (B) the augmentation of existing facilities and programs to 
     provide such training;
       (2) estimating the costs associated with increasing 
     training capacity as described in paragraph (1); and
       (3) identifying facilities and programs that could be 
     established or augmented as described in paragraph (1).
                                 ______
                                 
  SA 4696. 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 appropriate place, insert the following:

     SEC. 10_. ADVANCE CONSULTATION WITH STATE AND LOCAL OFFICIALS 
                   AND MONTHLY REPORTS TO CONGRESS REGARDING THE 
                   RESETTLEMENT, TRANSPORTATION, AND RELOCATION OF 
                   ALIENS IN THE UNITED STATES.

       (a) Consultation Requirement.--Not later than 3 business 
     days before any resettlement, transportation, or relocation 
     of non-detained aliens in the United States that is directed, 
     administered, or funded by the Federal Government, the 
     Secretary of Health and Human Services (in the case of 
     minors) or the Secretary of Homeland Security (in the case of 
     adults), as appropriate, shall consult with the governors and 
     municipal chief executives of the directly affected States 
     and local jurisdictions regarding the proposed resettlement, 
     transportation, or relocation.
       (b) Reports Required.--Not later than 7 days after the date 
     of the enactment of this Act, and monthly thereafter, the 
     Secretary of Health and Human Services and the Secretary of 
     Homeland Security, in consultation with other appropriate 
     Federal officials, shall--
       (1) submit a State-specific report regarding the 
     resettlement, transportation, or relocation of non-detained 
     aliens in the United States during the previous month that 
     was directed, administered, or funded by the Federal 
     Government or that involved aliens subject to the U.S. 
     Immigration and Customs Enforcement's Alternatives to 
     Detention program that contains the information described in 
     subsection (c) to--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on the Judiciary of the House of 
     Representatives;
       (D) the Committee on Appropriations of the House of 
     Representatives; and
       (E) the governor of each of the affected States; and
       (2) make the report described in paragraph (1) available on 
     a publicly accessible website.
       (c) Contents.--Each report under subsection (b) shall 
     contain, with respect to each State--
       (1) the number of aliens resettled, transported, or 
     relocated during the previous month and the current calendar 
     year, disaggregated by--
       (A) the numbers of single adults, members of family units, 
     and minors;
       (B) age;
       (C) sex; and
       (D) country of origin;
       (2) the methods used to determine the ages of such aliens;
       (3) the methods used to verify the familial status of such 
     aliens;
       (4) the types of settings in which such aliens are being 
     resettled, transported, or relocated, which may be aggregated 
     by the general type of setting;
       (5) a summary of the educational or occupational resources 
     or assistance provided to such aliens;
       (6) whether such aliens are granted permits to work and how 
     any such aliens without a work permit will financially 
     support themselves;
       (7) the amounts and types of Federal resources spent on 
     alien resettlement, transportation, or relocation; and
       (8) whether the aliens are being resettled, transported, or 
     relocated on a temporary or permanent basis, disaggregated 
     by--
       (A) the numbers of single adults, members of family units, 
     and minors;
       (B) age;
       (C) sex; and
       (D) country of origin.
                                 ______
                                 
  SA 4697. 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 G of title X, add the following:

     SEC. 1064. GUIDANCE ON FOREIGN TRANSPORTATION NETWORK 
                   COMPANIES.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense, in concurrence with the 
     Secretary of State and the Director of National Intelligence, 
     shall assess the security vulnerabilities associated with the 
     use members of the Armed Forces and Department of Defense 
     civilian personnel of foreign transportation network 
     companies and provide guidance on the appropriate use of such 
     companies. The assessment shall include a review of the data 
     privacy and national security risks inherent to third-party 
     transportation operators with ties to foreign government 
     agencies that provide transportation services to members of 
     the Armed Forces, including the exposure of trip and route 
     details and personally identifiable information.
                                 ______
                                 
  SA 4698. 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 C of title XII, add the following:

     SEC. 1224. CONGRESSIONAL REVIEW OF CERTAIN ACTIONS RELATING 
                   TO SANCTIONS IMPOSED WITH RESPECT TO IRAN.

       (a) Submission to Congress of Proposed Action.--
       (1) In general.--Notwithstanding any other provision of 
     law, before taking any action described in paragraph (2), the 
     President shall submit to the appropriate congressional 
     committees and leadership a report that describes the 
     proposed action and the reasons for that action.
       (2) Actions described.--
       (A) In general.--An action described in this paragraph is--
       (i) an action to terminate the application of any sanctions 
     described in subparagraph (B);
       (ii) with respect to sanctions described in subparagraph 
     (B) imposed by the President with respect to a person, an 
     action to waive the application of those sanctions with 
     respect to that person; or
       (iii) a licensing action that significantly alters United 
     States foreign policy with respect to Iran.
       (B) Sanctions described.--The sanctions described in this 
     subparagraph are sanctions with respect to Iran provided for 
     under--

[[Page S8280]]

       (i) the Iran Sanctions Act of 1996 (Public Law 104-172; 50 
     U.S.C. 1701 note);
       (ii) the Comprehensive Iran Sanctions, Accountability, and 
     Divestment Act of 2010 (22 U.S.C. 8501 et seq.);
       (iii) section 1245 of the National Defense Authorization 
     Act for Fiscal Year 2012 (22 U.S.C. 8513a);
       (iv) the Iran Threat Reduction and Syria Human Rights Act 
     of 2012 (22 U.S.C. 8701 et seq.);
       (v) the Iran Freedom and Counter-Proliferation Act of 2012 
     (22 U.S.C. 8801 et seq.);
       (vi) the International Emergency Economic Powers Act (50 
     U.S.C. 1701 note); or
       (vii) any other statute or Executive order that requires or 
     authorizes the imposition of sanctions with respect to Iran.
       (3) Description of type of action.--Each report submitted 
     under paragraph (1) with respect to an action described in 
     paragraph (2) shall include a description of whether the 
     action--
       (A) is not intended to significantly alter United States 
     foreign policy with respect to Iran; or
       (B) is intended to significantly alter United States 
     foreign policy with respect to Iran.
       (4) Inclusion of additional matter.--
       (A) In general.--Each report submitted under paragraph (1) 
     that relates to an action that is intended to significantly 
     alter United States foreign policy with respect to Iran shall 
     include a description of--
       (i) the significant alteration to United States foreign 
     policy with respect to Iran;
       (ii) the anticipated effect of the action on the national 
     security interests of the United States; and
       (iii) the policy objectives for which the sanctions 
     affected by the action were initially imposed.
       (B) Requests from banking and financial services 
     committees.--The Committee on Banking, Housing, and Urban 
     Affairs of the Senate or the Committee on Financial Services 
     of the House of Representatives may request the submission to 
     the Committee of the matter described in clauses (ii) and 
     (iii) of subparagraph (A) with respect to a report submitted 
     under paragraph (1) that relates to an action that is not 
     intended to significantly alter United States foreign policy 
     with respect to Iran.
       (5) Confidentiality of proprietary information.--
     Proprietary information that can be associated with a 
     particular person with respect to an action described in 
     paragraph (2) may be included in a report submitted under 
     paragraph (1) only if the appropriate congressional 
     committees and leadership provide assurances of 
     confidentiality, unless that person otherwise consents in 
     writing to such disclosure.
       (6) Rule of construction.--Paragraph (2)(A)(iii) shall not 
     be construed to require the submission of a report under 
     paragraph (1) with respect to the routine issuance of a 
     license that does not significantly alter United States 
     foreign policy with respect to Iran.
       (b) Period for Review by Congress.--
       (1) In general.--During the period of 30 calendar days 
     beginning on the date on which the President submits a report 
     under subsection (a)(1)--
       (A) in the case of a report that relates to an action that 
     is not intended to significantly alter United States foreign 
     policy with respect to Iran, the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives should, as 
     appropriate, hold hearings and briefings and otherwise obtain 
     information in order to fully review the report; and
       (B) in the case of a report that relates to an action that 
     is intended to significantly alter United States foreign 
     policy with respect to Iran, the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives should, as appropriate, hold 
     hearings and briefings and otherwise obtain information in 
     order to fully review the report.
       (2) Exception.--The period for congressional review under 
     paragraph (1) of a report required to be submitted under 
     subsection (a)(1) shall be 60 calendar days if the report is 
     submitted on or after July 10 and on or before September 7 in 
     any calendar year.
       (3) Limitation on actions during initial congressional 
     review period.--Notwithstanding any other provision of law, 
     during the period for congressional review provided for under 
     paragraph (1) of a report submitted under subsection (a)(1) 
     proposing an action described in subsection (a)(2), including 
     any additional period for such review as applicable under the 
     exception provided in paragraph (2), the President may not 
     take that action unless a joint resolution of approval with 
     respect to that action is enacted in accordance with 
     subsection (c).
       (4) Limitation on actions during presidential consideration 
     of a joint resolution of disapproval.--Notwithstanding any 
     other provision of law, if a joint resolution of disapproval 
     relating to a report submitted under subsection (a)(1) 
     proposing an action described in subsection (a)(2) passes 
     both Houses of Congress in accordance with subsection (c), 
     the President may not take that action for a period of 12 
     calendar days after the date of passage of the joint 
     resolution of disapproval.
       (5) Limitation on actions during congressional 
     reconsideration of a joint resolution of disapproval.--
     Notwithstanding any other provision of law, if a joint 
     resolution of disapproval relating to a report submitted 
     under subsection (a)(1) proposing an action described in 
     subsection (a)(2) passes both Houses of Congress in 
     accordance with subsection (c), and the President vetoes the 
     joint resolution, the President may not take that action for 
     a period of 10 calendar days after the date of the 
     President's veto.
       (6) Effect of enactment of a joint resolution of 
     disapproval.--Notwithstanding any other provision of law, if 
     a joint resolution of disapproval relating to a report 
     submitted under subsection (a)(1) proposing an action 
     described in subsection (a)(2) is enacted in accordance with 
     subsection (c), the President may not take that action.
       (c) Joint Resolutions of Disapproval or Approval.--
       (1) Definitions.--In this subsection:
       (A) Joint resolution of approval.--The term ``joint 
     resolution of approval'' means only a joint resolution of 
     either House of Congress--
       (i) the title of which is as follows: ``A joint resolution 
     approving the President's proposal to take an action relating 
     to the application of certain sanctions with respect to 
     Iran.''; and
       (ii) the sole matter after the resolving clause of which is 
     the following: ``Congress approves of the action relating to 
     the application of sanctions imposed with respect to Iran 
     proposed by the President in the report submitted to Congress 
     under section 1224(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 2022 on _______ relating to 
     ________.'', with the first blank space being filled with the 
     appropriate date and the second blank space being filled with 
     a short description of the proposed action.
       (B) Joint resolution of disapproval.--The term ``joint 
     resolution of disapproval'' means only a joint resolution of 
     either House of Congress--
       (i) the title of which is as follows: ``A joint resolution 
     disapproving the President's proposal to take an action 
     relating to the application of certain sanctions with respect 
     to Iran.''; and
       (ii) the sole matter after the resolving clause of which is 
     the following: ``Congress disapproves of the action relating 
     to the application of sanctions imposed with respect to Iran 
     proposed by the President in the report submitted to Congress 
     under section 1224(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 2022 on _______ relating to 
     ________.'', with the first blank space being filled with the 
     appropriate date and the second blank space being filled with 
     a short description of the proposed action.
       (2) Introduction.--During the period of 30 calendar days 
     provided for under subsection (b)(1), including any 
     additional period as applicable under the exception provided 
     in subsection (b)(2), a joint resolution of approval or joint 
     resolution of disapproval may be introduced--
       (A) in the House of Representatives, by the majority leader 
     or the minority leader; and
       (B) in the Senate, by the majority leader (or the majority 
     leader's designee) or the minority leader (or the minority 
     leader's designee).
       (3) Floor consideration in house of representatives.--If a 
     committee of the House of Representatives to which a joint 
     resolution of approval or joint resolution of disapproval has 
     been referred has not reported the joint resolution within 10 
     calendar days after the date of referral, that committee 
     shall be discharged from further consideration of the joint 
     resolution.
       (4) Consideration in the senate.--
       (A) Committee referral.--A joint resolution of approval or 
     joint resolution of disapproval introduced in the Senate 
     shall be--
       (i) referred to the Committee on Banking, Housing, and 
     Urban Affairs if the joint resolution relates to a report 
     under subsection (a)(3)(A) that relates to an action that is 
     not intended to significantly alter United States foreign 
     policy with respect to Iran; and
       (ii) referred to the Committee on Foreign Relations if the 
     joint resolution relates to a report under subsection 
     (a)(3)(B) that relates to an action that is intended to 
     significantly alter United States foreign policy with respect 
     to Iran.
       (B) Reporting and discharge.--If the committee to which a 
     joint resolution of approval or joint resolution of 
     disapproval was referred has not reported the joint 
     resolution within 10 calendar days after the date of referral 
     of the joint resolution, that committee shall be discharged 
     from further consideration of the joint resolution and the 
     joint resolution shall be placed on the appropriate calendar.
       (C) Proceeding to consideration.--Notwithstanding Rule XXII 
     of the Standing Rules of the Senate, it is in order at any 
     time after the Committee on Banking, Housing, and Urban 
     Affairs or the Committee on Foreign Relations, as the case 
     may be, reports a joint resolution of approval or joint 
     resolution of disapproval to the Senate or has been 
     discharged from consideration of such a joint resolution 
     (even though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     joint resolution, and all points of order against the joint 
     resolution (and against consideration of the joint 
     resolution) are waived. The motion to proceed is not 
     debatable. The motion is not subject to a motion to postpone. 
     A motion to reconsider the vote by which the motion is agreed 
     to or disagreed to shall not be in order.

[[Page S8281]]

       (D) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a joint resolution of approval or joint 
     resolution of disapproval shall be decided without debate.
       (E) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to a joint resolution of 
     approval or joint resolution of disapproval, including all 
     debatable motions and appeals in connection with the joint 
     resolution, shall be limited to 10 hours, to be equally 
     divided between, and controlled by, the majority leader and 
     the minority leader or their designees.
       (5) Rules relating to senate and house of 
     representatives.--
       (A) Treatment of senate joint resolution in house.--In the 
     House of Representatives, the following procedures shall 
     apply to a joint resolution of approval or a joint resolution 
     of disapproval received from the Senate (unless the House has 
     already passed a joint resolution relating to the same 
     proposed action):
       (i) The joint resolution shall be referred to the 
     appropriate committees.
       (ii) If a committee to which a joint resolution has been 
     referred has not reported the joint resolution within 2 
     calendar days after the date of referral, that committee 
     shall be discharged from further consideration of the joint 
     resolution.
       (iii) Beginning on the third legislative day after each 
     committee to which a joint resolution has been referred 
     reports the joint resolution to the House or has been 
     discharged from further consideration thereof, it shall be in 
     order to move to proceed to consider the joint resolution in 
     the House. All points of order against the motion are waived. 
     Such a motion shall not be in order after the House has 
     disposed of a motion to proceed on the joint resolution. The 
     previous question shall be considered as ordered on the 
     motion to its adoption without intervening motion. The motion 
     shall not be debatable. A motion to reconsider the vote by 
     which the motion is disposed of shall not be in order.
       (iv) The joint resolution shall be considered as read. All 
     points of order against the joint resolution and against its 
     consideration are waived. The previous question shall be 
     considered as ordered on the joint resolution to final 
     passage without intervening motion except 2 hours of debate 
     equally divided and controlled by the sponsor of the joint 
     resolution (or a designee) and an opponent. A motion to 
     reconsider the vote on passage of the joint resolution shall 
     not be in order.
       (B) Treatment of house joint resolution in senate.--
       (i) Receipt before passage.--If, before the passage by the 
     Senate of a joint resolution of approval or joint resolution 
     of disapproval, the Senate receives an identical joint 
     resolution from the House of Representatives, the following 
     procedures shall apply:

       (I) That joint resolution shall not be referred to a 
     committee.
       (II) With respect to that joint resolution--

       (aa) the procedure in the Senate shall be the same as if no 
     joint resolution had been received from the House of 
     Representatives; but
       (bb) the vote on passage shall be on the joint resolution 
     from the House of Representatives.
       (ii) Receipt after passage.--If, following passage of a 
     joint resolution of approval or joint resolution of 
     disapproval in the Senate, the Senate receives an identical 
     joint resolution from the House of Representatives, that 
     joint resolution shall be placed on the appropriate Senate 
     calendar.
       (iii) No companion measure.--If a joint resolution of 
     approval or a joint resolution of disapproval is received 
     from the House, and no companion joint resolution has been 
     introduced in the Senate, the Senate procedures under this 
     subsection shall apply to the House joint resolution.
       (C) Application to revenue measures.--The provisions of 
     this paragraph shall not apply in the House of 
     Representatives to a joint resolution of approval or joint 
     resolution of disapproval that is a revenue measure.
       (6) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) 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, 
     and supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (B) 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.
       (d) Appropriate Congressional Committees and Leadership 
     Defined.--In this section, the term ``appropriate 
     congressional committees and leadership'' means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, and the majority and 
     minority leaders of the Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Foreign Affairs, and the Speaker, the majority leader, and 
     the minority leader of the House of Representatives.
                                 ______
                                 
  SA 4699. 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 G of title XII, add the following:

     SEC. 1283. OFFICE OF GLOBAL WOMEN'S ISSUES AND THE WOMEN'S 
                   GLOBAL DEVELOPMENT AND PROSPERITY INITIATIVE.

       Chapter 1 of part I of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2151 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 138. OFFICE OF GLOBAL WOMEN'S ISSUES AND THE WOMEN'S 
                   GLOBAL DEVELOPMENT AND PROSPERITY INITIATIVE.

       ``(a) In General.--The Secretary of State shall establish, 
     in the Office of the Secretary of State, the Office of Global 
     Women's Issues (referred to in this section as the `Office').
       ``(b) Purpose; Duties.--
       ``(1) Purpose.--The purpose of the Office is to advance 
     equal opportunity for women and the status of women and girls 
     in United States foreign policy.
       ``(2) Duties.--In carrying out the purpose described in 
     paragraph (1), the Office--
       ``(A)(i) shall advise the Secretary of State and provide 
     input on all activities, policies, programs, and funding 
     relating to equal opportunity for women and the advancement 
     of women and girls internationally to all bureaus and offices 
     of the Department of State; and
       ``(ii) may, as appropriate, provide to the international 
     programs of other Federal agencies input on all activities, 
     policies, programs, and funding relating to equal opportunity 
     for women and the advancement of women and girls 
     internationally;
       ``(B)(i) shall work to ensure that efforts to advance equal 
     opportunity for women and men and women's and girls' 
     empowerment are fully integrated into the programs, 
     structures, processes, and capacities of all bureaus and 
     offices of the Department of State; and
       ``(ii) may, as appropriate, work to ensure that efforts to 
     advance equal opportunity for women and men and women's and 
     girls' empowerment are fully integrated into the 
     international programs of other Federal agencies;
       ``(C) shall implement the Women's Global Development and 
     Prosperity Initiative, in accordance with subsection (c); and
       ``(D) may not engage in any activities not described in 
     subparagraphs (A) through (C).
       ``(c) Women's Global Development and Prosperity 
     Initiative.--
       ``(1) Establishment.--The Secretary of State shall 
     establish the Women's Global Development and Prosperity 
     Initiative (referred to in this subsection as the 
     `Initiative') to carry out the activities described in 
     paragraphs (2) through (4).
       ``(2) Women prospering in the workforce.--The Initiative 
     shall advance women in the workforce by improving their 
     access to quality vocational education and skills training, 
     which will enable them to secure jobs in their local 
     economies.
       ``(3) Women succeeding as entrepreneurs.--The Initiative 
     shall promote women's entrepreneurship and increasing access 
     to capital, financial services, markets, technical 
     assistance, and mentorship.
       ``(4) Women enabled in the economy.--The Initiative shall 
     identify and reduce the binding constraints in economic and 
     property laws and practices that prevent women's full and 
     free participation in the global economy and promote 
     foundational legal reforms, including--
       ``(A) ensuring that women can fully participate in the 
     workforce and engage in economic activities by--
       ``(i) ending impunity for violence against women;
       ``(ii) ensuring that women have the authority to sign legal 
     documents, such as contracts and court documents; and
       ``(iii) addressing unequal access to courts and 
     administrative bodies for women, whether officially or 
     through lack of proper enforcement;
       ``(B) ensuring women's equal access to credit and capital 
     to start and grow their businesses, savings, and investments, 
     including prohibiting discrimination in access to credit on 
     the basis of sex or marital status;
       ``(C) lifting restrictions on women's right to own, manage, 
     and make decisions relating to the use of property, including 
     repealing limitations on inheritance and ensuring the ability 
     to transfer, purchase, or lease such property;
       ``(D) addressing constraints on women's freedom of 
     movement, including sex-based restrictions on obtaining 
     passports and identification documents; and
       ``(E) promoting the free and equal participation of women 
     in the economy with regard to working hours, occupations, and 
     occupational tasks.
       ``(d) Supervision.--The Office shall be headed by an 
     Ambassador-at-Large for Global Women's Issues and the Women's 
     Global Development and Prosperity Initiative (referred to in 
     this section as the `Ambassador'), who shall--
       ``(1) be appointed by the President, with the advice and 
     consent of the Senate;
       ``(2) report directly to the Secretary; and

[[Page S8282]]

       ``(3) have the rank and status of Ambassador-at-Large.
       ``(e) Coordination.--United States Government efforts to 
     advance women's economic empowerment globally shall be 
     closely aligned and coordinated with the Initiative.
       ``(f) Abortion Neutrality.--
       ``(1) Prohibitions.--The Office, the Initiative, and the 
     Ambassador may not--
       ``(A) lobby other countries, including through multilateral 
     mechanisms and foreign nongovernmental organizations--
       ``(i) to change domestic laws or policies with respect to 
     abortion; or
       ``(ii) to include abortion as a programmatic requirement of 
     any foreign activities; or
       ``(B) provide Federal funding appropriated for foreign 
     assistance to pay for or to promote abortion.
       ``(2) Limitations on use of funds.--Amounts appropriated 
     for the Office or the Initiative may not be used--
       ``(A) to lobby other countries, including through 
     multilateral mechanisms and foreign nongovernmental 
     organizations--
       ``(i) to change domestic laws or policies with respect to 
     abortion; or
       ``(ii) to include abortion as a programmatic requirement of 
     any foreign activities; or
       ``(B) to provide Federal foreign assistance funding to pay 
     for or to promote abortion.
       ``(3) Construction.--Nothing in this subsection may be 
     construed to prevent--
       ``(A) the funding of activities for the purpose of treating 
     injuries or illnesses caused by legal or illegal abortions; 
     or
       ``(B) agencies or officers of the United States from 
     engaging in activities in opposition to policies of coercive 
     abortion or involuntary sterilization.
       ``(g) Report.--Not later than 180 days after the date of 
     the enactment of this section, and not less frequently than 
     annually thereafter, the Secretary of State shall--
       ``(1) submit a written report to the Committee on 
     Appropriations of the Senate, the Committee on Foreign 
     Relations of the Senate, the Committee on Appropriations of 
     the House of Representatives, and the Committee on Foreign 
     Affairs of the House of Representatives that describes the 
     implementation of this section, including--
       ``(A) measures taken to ensure compliance with subsection 
     (f); and
       ``(B) with respect to funds appropriated pursuant to 
     subsection (h)--
       ``(i) amounts awarded to prime recipients and subrecipients 
     since the end of the previous reporting period; and
       ``(ii) descriptions of each program for which such funds 
     are used; and
       ``(2) make such report publicly available.
       ``(h) Funding.--
       ``(1) In general.--There shall be reserved to carry out 
     this section, from funds made available for development 
     assistance programs of the United States Agency for 
     International Development, $200,000,000, for each of the 
     fiscal years 2022 through 2026, which shall be--
       ``(A) deposited into the Women's Global Development and 
     Prosperity Fund (W-GDP);
       ``(B) administered by the United States Agency for 
     International Development;
       ``(C) expended solely for the purpose, duties, and 
     activities set forth in subsections (b) and (c); and
       ``(D) expended, to the greatest extent practicable, in 
     support of removing legal barriers to women's economic 
     freedom in accordance with the findings of the W-GDP Women's 
     Economic Freedom Index report published by the Council of 
     Economic Advisers in February 2020.
       ``(2) Requirement.--Notwithstanding paragraph (1), amounts 
     reserved under paragraph (1) for fiscal year 2023, or for any 
     later fiscal year, may not be obligated or expended unless 
     the most recent report submitted pursuant to subsection 
     (g)(1) includes the information required under subparagraphs 
     (A) and (B) of subsection (g)(1).
       ``(3) Oversight.--The expenditure of amounts reserved under 
     paragraph (1) shall be jointly overseen by--
       ``(A) the United States Agency for International 
     Development;
       ``(B) the Ambassador; and
       ``(C) the Initiative.''.
                                 ______
                                 
  SA 4700. 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 appropriate place, insert the following:

     SEC. _____. DISCLOSE GOVERNMENT CENSORSHIP.

       (a) Definitions.--In this section:
       (1) Information content provider; interactive computer 
     service.--The terms ``information content provider'' and 
     ``interactive computer service'' have the meanings given the 
     terms in section 230 of the Communications Act of 1934 (47 
     U.S.C. 230).
       (2) Legitimate law enforcement purpose.--The term 
     ``legitimate law enforcement purpose'' means for the purpose 
     of investigating a criminal offense by a law enforcement 
     agency that is within the lawful authority of that agency.
       (3) National security purpose.--The term ``national 
     security purpose'' means a purpose that relates to--
       (A) intelligence activities;
       (B) cryptologic activities related to national security;
       (C) command and control of military forces;
       (D) equipment that is an integral part of a weapon or 
     weapons system; or
       (E) the direct fulfillment of military or intelligence 
     missions.
       (b) Disclosures.--
       (1) In general.--Except as provided in paragraph (3), any 
     officer or employee in the executive or legislative branch 
     shall disclose and, in the case of a written communication, 
     make available for public inspection, on a public website in 
     accordance with paragraph (4), any communication by that 
     officer or employee with a provider or operator of an 
     interactive computer service regarding action or potential 
     action by the provider or operator to restrict access to or 
     the availability of, bar or limit access to, or decrease the 
     dissemination or visibility to users of, material posted by 
     another information content provider, whether the action is 
     or would be carried out manually or through use of an 
     algorithm or other automated or semi-automated process.
       (2) Timing.--The disclosure required under paragraph (1) 
     shall be made not later than 7 days after the date on which 
     the communication is made.
       (3) Legitimate law enforcement and national security 
     purposes.--
       (A) In general.--Any communication for a legitimate law 
     enforcement purpose or national security purpose shall be 
     disclosed and, in the case of a written communication, made 
     available for inspection, to each House of Congress.
       (B) Timing.--The disclosure required under subparagraph (A) 
     shall be made not later than 60 days after the date on which 
     the communication is made.
       (C) Receipt.--Upon receipt, each House shall provide copies 
     to the chairman and ranking member of each standing committee 
     with jurisdiction under the rules of the House of 
     Representatives or the Senate regarding the subject matter to 
     which the communication pertains. Such information shall be 
     deemed the property of such committee and may not be 
     disclosed except--
       (i) in accordance with the rules of the committee;
       (ii) in accordance with the rules of the House of 
     Representatives and the Senate; and
       (iii) as permitted by law.
       (4) Website.--
       (A) Legislative branch.--The Sergeant at Arms of the Senate 
     and the Sergeant at Arms of the House of Representatives 
     shall designate a single location on an internet website 
     where the disclosures and communications of employees and 
     officers in the legislative branch shall be published in 
     accordance with paragraph (1).
       (B) Executive branch.--The Director of the Office of 
     Management and Budget shall designate a single location on an 
     internet website where the disclosures and communications of 
     employees and officers in the executive branch shall be 
     published in accordance with paragraph (1).
       (5) Notice.--The Sergeant at Arms of the Senate, the 
     Sergeant at Arms of the House of Representatives, and the 
     Director of the Office of Management and Budget shall take 
     reasonable steps to ensure that each officer and employee of 
     the legislative branch and executive branch, as applicable, 
     are informed of the duties imposed by this section.
       (6) Conflicts of interest.--Any person who is a former 
     officer or employee of the executive branch of the United 
     States (including any independent agency) or any person who 
     is a former officer or employee of the legislative branch or 
     a former Member of Congress, who personally and substantially 
     participated in any communication under paragraph (1) while 
     serving as an officer, employee, or Member of Congress, shall 
     not, within 2 years after any such communication under 
     paragraph (1) or 1 year after termination of his or her 
     service as an officer, employee, or Member of Congress, 
     whichever is later, knowingly make, with the intent to 
     influence, any communication to or appearance before any 
     officer or employee of any department, agency, court, or 
     court-martial of the United States, on behalf of any person 
     with which the former officer or employee personally and 
     substantially participated in such communication under 
     paragraph (1).
       (7) Penalties.--Any person who violates paragraph (1), (2), 
     (3), or (6) shall be punished as provided in section 216 of 
     title 18, United States Code.
                                 ______
                                 
  SA 4701. 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 appropriate place, insert the following:

[[Page S8283]]

  


     SEC. __. REPORT ON 2020 GENERAL ELECTION.

       (a) Definitions.--For purposes of this section:
       (1) 2016 presidential election.--The term ``2016 
     Presidential election'' means the general election for 
     Federal office occurring in 2016.
       (2) 2020 presidential election.--The term ``2020 
     Presidential election'' means the general election for 
     Federal office occurring in 2020.
       (3) Applicable election security funds.--The term 
     ``applicable election security funds'' means the amount of 
     grant funding provided to the State by the Election 
     Assistance Commission--
       (A) from amounts appropriated under the heading ``Election 
     Assistance Commission, Election Security Grants'' in the 
     Financial Services and General Government Appropriations Act, 
     2020 (Public Law 116-93); or
       (B) from amounts appropriated under the heading ``Election 
     Assistance Commission, Election Security Grants'' in the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).
       (4) State.--The term ``State'' has the meaning given such 
     term under section 901 of the Help America Vote Act of 2002 
     (52 U.S.C. 21141), except that such term shall include the 
     Commonwealth of the Northern Mariana Islands.
       (5) Unsolicited mail-in ballot.--The term ``unsolicited 
     mail-in ballot'' means any ballot sent to a voter by mail 
     if--
       (A) such ballot was not specifically requested by the 
     voter; or
       (B) the ballot request by the voter was initiated by the 
     mailing of a ballot application not specifically requested by 
     the voter.
       (6) Unsolicited mail-in ballot percentage.--The term 
     ``unsolicited mail-in ballot percentage'' means the number of 
     unsolicited mail-in ballots distributed in the State as a 
     percentage of the number of total ballots provided to voters 
     in the State.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to Congress and make publicly available a report on 
     the 2020 Presidential election.
       (2) Matters included.--The report submitted under paragraph 
     (1) shall include the following with respect to each State: 
     that received applicable election security funds:
       (A) Unsolicited mail-in ballot percentage.--
       (i) In general.--An analysis of whether the unsolicited 
     mail-in ballot percentage for State for the 2020 Presidential 
     election was greater than the unsolicited mail-in ballot 
     percentage for the State for the 2016 Presidential election.
       (ii) Relevant authority for any increase.--If the 
     Comptroller General determines that the unsolicited mail-in 
     ballot percentage for the State for the 2020 Presidential 
     election was greater than the unsolicited mail-in ballot 
     percentage for the State for the 2016 Presidential election, 
     the Comptroller General shall provide a description of any 
     change in authority (including any statutory change relating 
     to the distribution of unsolicited mail-in ballots), action, 
     or directive concerning unsolicited mail-in ballots occurring 
     between the 2016 Presidential election and 2020 Presidential 
     election that may have led to such result.
       (B) Mail-in voter verification procedures.--
       (i) In general.--An analysis of whether there were changes 
     in the State's methods and processes used to verify the 
     identification of voters who vote using mail-in ballots, 
     including signature verification requirements, that applied 
     with respect to the 2020 Presidential election but did not 
     apply to the 2016 Presidential election.
       (ii) Relevant authority for changes.--If the Comptroller 
     General determines that there were changes in the State's 
     mail-in voter verification procedures described in clause 
     (i), the Comptroller General shall provide a description of 
     any authority (including any statutory authority), action, or 
     directive that led to such change.
       (C) Other election procedures.--
       (i) In general.--An analysis of whether the State 
     materially altered or changed its election procedures for the 
     2020 Presidential election (other than procedures described 
     in subparagraph (B)) from the procedures in effect for the 
     2016 Presidential election.
       (ii) Relevant authority for changes.--If the Comptroller 
     General determines that there were changes in the election 
     procedures described in clause (i), the Comptroller General 
     shall provide a description of any authority (including any 
     statutory authority), action, or directive that led to such 
     change.
       (D) Mail-in ballot collection.--
       (i) In general.--An analysis of whether there were 
     specific, documented allegations of a person other than a 
     voter or a voter's family member or caregiver collecting or 
     returning the voter's completed ballot in the 2020 
     Presidential election.
       (ii) Relevant authority for collection.--If the Comptroller 
     General determines that there were specific, documented 
     allegations described in clause (i), the Comptroller General 
     shall provide a description of any authority (including any 
     statutory authority), action, or directive permitting such 
     collection or return.
       (E) Observation of ballot counting.--An analysis of whether 
     the State has a statute providing for third-party observation 
     of ballot counting, and if so, whether there were specific, 
     documented instances in connection with the 2020 Presidential 
     election in which the State is alleged to have failed to 
     comply with such statute.
       (F) Failure to enforce.--An analysis of whether there were 
     specific, documented instances in connection with the 2020 
     Presidential election in which the State allegedly failed to 
     enforce one or more of its election statutes (other than a 
     statute described in subparagraph (E)).
       (G) Use of applicable election security funds.--In the case 
     of a State that received applicable election security funds, 
     an analysis of--
       (i) whether such funds were used to make expenditures with 
     respect to the 2020 Presidential election;
       (ii) whether such funds were used in connection with any 
     activity carried out pursuant to an authority, action, or 
     directive described in subparagraph (A)(ii), (B)(ii), 
     (C)(ii), or (D)(ii); and
       (iii) whether the State complied with all statutory and 
     other conditions imposed in connection with the receipt of 
     such funds.
       (H) Subsequent state actions.--A description of any of the 
     following actions taken by the State legislature:
       (i) The passage of a resolution expressing an opinion on, 
     or the submission to Congress or the Comptroller General of a 
     communication relating to, the items described in 
     subparagraphs (A) through (G).
       (ii) The enactment, after the completion of the 2020 
     Presidential election, of legislation regarding any 
     authority, action, or directive described in subparagraph 
     (A)(ii), (B)(ii), (C)(ii), or (D)(ii) or any failure 
     described in subparagraph (E) or (F).

     SEC. __. TEMPORARY SUSPENSION OF, AND REQUIREMENTS FOR, 
                   FUTURE ELECTION ASSISTANCE GRANTS.

       (a) In General.--Subtitle D of title II of the Help America 
     Vote Act of 2002 (52 U.S.C. 20901 et seq.) is amended by 
     adding at the end the following new part:

             ``PART 7--REQUIREMENTS FOR ELECTION ASSISTANCE

     ``SEC. 297. SUSPENSION OF ELECTION ASSISTANCE.

       ``(a) In General.--Notwithstanding any other provision of 
     law, no grant may be awarded under this Act before July 1, 
     2022.
       ``(b) Suspension of Previous Grants.--No State may expend 
     Federal funds provided under this Act before the date of the 
     enactment of this section before July 1, 2022.

     ``SEC. 298. REQUIREMENTS FOR FUTURE ELECTION ASSISTANCE.

       ``(a) In General.--Notwithstanding any other provision of 
     law, no State may receive any grant awarded under this Act 
     after the date of the enactment of this section unless the 
     State has certified by resolution adopted by the State 
     legislature, as a condition of receiving the grant, that it 
     is in compliance with the requirements of subsection (b).
       ``(b) Requirements.--
       ``(1) In general.--A State satisfies the requirements of 
     this section if, in connection with any election for Federal 
     office--
       ``(A) the methods and processes used by the State to verify 
     the identification of voters who vote using mail-in ballots 
     are specifically set forth in statute;
       ``(B) except as specifically provided by statute--
       ``(i) the State does not use unsolicited mail-in balloting; 
     and
       ``(ii) the State does not permit persons other than the 
     voter or the voter's family members or caregivers to return a 
     voter's completed ballot;
       ``(C) for any election after the last day that the public 
     health emergency declared by the Secretary of Health and 
     Human Services under section 319 of the Public Health Service 
     Act (42 U.S.C. 247d) on January 31, 2020, with respect to 
     COVID-19, is in effect, the State uses all voting procedures 
     in place as of January 1, 2020 (except as modified by State 
     statutes applying to elections after such date);
       ``(D) in the case of State that has a law providing for 
     third-party observation of ballot counting, such ballot 
     observation law is strictly followed in all instances;
       ``(E) the State complies with all requirements under title 
     III; and
       ``(F) the State has taken documented, affirmative measures 
     to address--
       ``(i) any prior failure to satisfy the requirements of 
     subparagraphs (A) through (E) that is identified by the State 
     legislature in a resolution (or other similar communication 
     submitted to Congress and the Comptroller General); or
       ``(ii) any prior specific, documented instance in which the 
     State--

       ``(I) failed to enforce one or more of its election 
     statutes; or
       ``(II) materially altered or changed its election 
     procedures without a corresponding state statutory enactment.

       ``(2) Unsolicited mail-in balloting.--For purposes of 
     paragraph (1)(B), the term `unsolicited mail-in balloting' 
     means the process of sending ballots to a voter by mail if--
       ``(A) such ballot was not specifically requested by the 
     voter; or
       ``(B) the ballot request by the voter was initiated by the 
     mailing of a ballot application not specifically requested by 
     the voter.

                 ``PART 8--PROHIBITION ON USE OF FUNDS

     ``SEC. 299. PROHIBITION ON USE OF FUNDS.

       ``Notwithstanding any other provision of law, any amounts 
     provided under this Act

[[Page S8284]]

     shall not be used in furtherance of any election procedure 
     that is not expressly set forth in a statute enacted by the 
     State legislature.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Help America Vote Act of 2002 is amended by 
     inserting after the item relating to section 296 the 
     following:

             ``Part 7--Requirements for Election Assistance

``Sec. 297. Suspension of election assistance.
``Sec. 298. Requirements for future election assistance.

                 ``Part 8--Prohibition on Use of Funds

``Sec. 299. Prohibition on use of funds.''.
                                 ______
                                 
  SA 4702. 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 appropriate place, insert the following:

     SEC. ____. REASONABLE, NON-DISCRIMINATORY ACCESS TO ONLINE 
                   COMMUNICATIONS PLATFORMS; BLOCKING AND 
                   SCREENING OF OFFENSIVE MATERIAL.

       (a) In General.--Part I of title II of the Communications 
     Act of 1934 (47 U.S.C. 201 et seq.) is amended--
       (1) by striking section 230; and
       (2) by adding at the end the following:

     ``SEC. 232. REASONABLE, NON-DISCRIMINATORY ACCESS TO ONLINE 
                   COMMUNICATIONS PLATFORMS; BLOCKING AND 
                   SCREENING OF OFFENSIVE MATERIAL.

       ``(a) Findings.--Congress finds the following:
       ``(1) The rapidly developing array of internet and other 
     interactive computer services available to individual 
     Americans represent an extraordinary advance in the 
     availability of educational and informational resources to 
     our citizens.
       ``(2) These services often offer users a great degree of 
     control over the information that they receive, as well as 
     the potential for even greater control in the future as 
     technology continues to develop.
       ``(3) The internet and other interactive computer services 
     offer a forum for a true diversity of political discourse and 
     viewpoints, unique opportunities for cultural development, 
     and myriad avenues for intellectual activity, and regulation 
     of the internet must be tailored to supporting those 
     activities.
       ``(4) The internet and other interactive computer services 
     have flourished, to the benefit of all Americans, with a 
     minimum of government regulation, and regulation should be 
     limited to what is necessary to preserve the societal 
     benefits provided by the internet.
       ``(5) Increasingly Americans rely on internet platforms and 
     websites for a variety of political, educational, cultural, 
     and entertainment services and for communication with one 
     another.
       ``(b) Policy.--It is the policy of the United States--
       ``(1) to promote the continued development of the internet 
     and other interactive computer services and other interactive 
     media;
       ``(2) to preserve a vibrant and competitive free market for 
     the internet and other interactive computer services;
       ``(3) to encourage the development of technologies which 
     maximize user control over what information is received by 
     individuals, families, and schools who use the internet and 
     other interactive computer services, rather than control and 
     censorship driven by interactive computer services;
       ``(4) to facilitate the development and utilization of 
     blocking and filtering technologies that empower parents to 
     restrict their children's access to objectionable or 
     inappropriate online material;
       ``(5)(A) to ensure that the internet serves as an open 
     forum for--
       ``(i) a true diversity of discourse and viewpoints, 
     including political discourse and viewpoints;
       ``(ii) unique opportunities for cultural development; and
       ``(iii) myriad avenues for intellectual activity; and
       ``(B) given that the internet is the dominant platform for 
     communication and public debate today, to ensure that major 
     internet communications platforms, which function as common 
     carriers in terms of their size, usage, and necessity, are 
     available to all users on reasonable and non-discriminatory 
     terms free from public or private censorship of religious and 
     political speech;
       ``(6) to promote consumer protection and transparency 
     regarding information and content management practices by 
     major internet platforms to--
       ``(A) ensure that consumers understand--
       ``(i) the products they are using; and
       ``(ii) what information is being presented to them and why; 
     and
       ``(B) prevent deceptive or undetectable actions that filter 
     the information presented to consumers; and
       ``(7) to ensure vigorous enforcement of Federal criminal 
     laws to deter and punish trafficking in online obscenity, 
     stalking, and harassment.
       ``(c) Reasonable and Nondiscriminatory Access to Common 
     Carrier Technology Companies.--
       ``(1) In general.--A common carrier technology company, 
     with respect to the interactive computer service provided by 
     the company--
       ``(A) shall furnish the interactive computer service to all 
     persons upon reasonable request;
       ``(B) may not unjustly or unreasonably discriminate in 
     charges, practices, classifications, regulations, facilities, 
     treatment, or services for or in connection with the 
     furnishing of the interactive computer service, directly or 
     indirectly, by any means or device;
       ``(C) may not make or give any undue or unreasonable 
     preference or advantage to any particular person, class of 
     persons, political or religious group or affiliation, or 
     locality; and
       ``(D) may not subject any particular person, class of 
     persons, political or religious group or affiliation, or 
     locality to any undue or unreasonable prejudice or 
     disadvantage.
       ``(2) Applicability to broadband.--Paragraph (1) shall not 
     apply with respect to the provision of broadband internet 
     access service.
       ``(d) Consumer Protection and Transparency Regarding Common 
     Carrier Technology Companies.--
       ``(1) In general.--A common carrier technology company 
     shall disclose, through a publicly available, easily 
     accessible website, accurate material regarding the content 
     management, moderation, promotion, account termination and 
     suspension, and curation mechanisms and practices of the 
     company sufficient to enable--
       ``(A) consumers to make informed choices regarding use of 
     the interactive computer service provided by the company; and
       ``(B) persons to develop, market, and maintain consumer-
     driven content management mechanisms with respect to the 
     interactive computer service provided by the company.
       ``(2) Best practices.--The Commission, after soliciting 
     comments from the public, shall publish best practices for 
     common carrier technology companies to disclose content 
     management, moderation, promotion, account termination and 
     suspension, and curation mechanisms and practices in 
     accordance with paragraph (1).
       ``(3) Applicability to broadband.--Paragraph (1) shall not 
     apply with respect to the provision of broadband internet 
     access service.
       ``(e) Protection for `Good Samaritan' Blocking and 
     Screening of Offensive Material.--
       ``(1) Treatment of publisher or speaker.--
       ``(A) In general.--No provider or user of an interactive 
     computer service shall be treated as the publisher or speaker 
     of any material provided by another information content 
     provider.
       ``(B) Exception.--Subparagraph (A) shall not apply to any 
     affirmative act by a provider or user of an interactive 
     computer service with respect to material posted on the 
     interactive computer service, whether the act is carried out 
     manually or through use of an algorithm or other automated or 
     semi-automated process, including--
       ``(i) providing its own material;
       ``(ii) commenting or editorializing on, promoting, 
     recommending, or increasing or decreasing the dissemination 
     or visibility to users of its own material or material 
     provided by another information content provider;
       ``(iii) restricting access to or availability of material 
     provided by another information content provider; or
       ``(iv) barring or limiting any information content provider 
     from using the interactive computer service.
       ``(2) Civil liability.--
       ``(A) In general.--No provider or user of an interactive 
     computer service shall be held liable, under subsection (c) 
     or otherwise, on account of--
       ``(i) any action voluntarily taken in good faith to 
     restrict access to or availability of material that the 
     provider or user considers to be obscene, lewd, lascivious, 
     filthy, excessively violent, harassing, promoting self-harm, 
     or unlawful, whether or not such material is constitutionally 
     protected; or
       ``(ii) any action taken to enable or make available to 
     information content providers or others the technical means 
     to restrict access to material described in clause (i).
       ``(B) Definitions.--For purposes of subparagraph (A)--
       ``(i) the term `excessively violent', with respect to 
     material, means material that--

       ``(I) is likely to be deemed violent and for mature 
     audiences according to the V-chip regulations and TV Parental 
     Guidelines of the Commission promulgated under sections 
     303(x) and 330(c)(4); or
       ``(II) constitutes or intends to advocate domestic 
     terrorism or international terrorism, as defined in section 
     2331 of title 18, United States Code;

       ``(ii) the term `harassing' means material that--

       ``(I) is--

       ``(aa) provided by an information content provider with the 
     intent to abuse, threaten, or harass any specific person; and
       ``(bb) lacking in any serious literary, artistic, 
     political, or scientific value;

[[Page S8285]]

       ``(II) violates the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et 
     seq.); or
       ``(III) is malicious computer code intended (whether or not 
     by the immediate disseminator) to damage or interfere with 
     the operation of a computer;

       ``(iii) the term `in good faith', with respect to 
     restricting access to or availability of specific material, 
     means the provider or user--

       ``(I) restricts access to or availability of material 
     consistent with publicly available online terms of service or 
     use that--

       ``(aa) state plainly and with particularity the criteria 
     that the provider or user of the interactive computer service 
     employs in its content moderation practices, including by any 
     partially or fully automated processes; and
       ``(bb) are in effect on the date on which the material is 
     first posted;

       ``(II) has an objectively reasonable belief that the 
     material falls within one of the categories listed in 
     subparagraph (A)(i);
       ``(III)(aa) does not restrict access to or availability of 
     material on deceptive or pretextual grounds; and
       ``(bb) does not apply its terms of service or use to 
     restrict access to or availability of material that is 
     similarly situated to material that the provider or user of 
     the interactive computer service intentionally declines to 
     restrict; and
       ``(IV) supplies the information content provider of the 
     material with timely notice describing with particularity the 
     reasonable factual basis for the restriction of access and a 
     meaningful opportunity to respond, unless the provider or 
     user of the interactive computer service has an objectively 
     reasonable belief that--

       ``(aa) the material is related to terrorism or criminal 
     activity; or
       ``(bb) such notice would risk imminent physical harm to 
     others; and
       ``(iv) the terms `obscene', `lewd', `lascivious', and 
     `filthy', with respect to material, mean material that--

       ``(I) taken as a whole--

       ``(aa) appeals to the prurient interest in sex or portrays 
     sexual conduct in a patently offensive way; and
       ``(bb) does not have serious literary, artistic, political, 
     or scientific value;

       ``(II) depicts or describes sexual or excretory organs or 
     activities in terms patently offensive to the average person, 
     applying contemporary community standards; or
       ``(III) signifies the form of immorality which has relation 
     to sexual impurity, taking into account the standards at 
     common law in prosecutions for obscene libel.

       ``(C) Best practices.--The Commission, after soliciting 
     comments from the public, shall publish best practices for 
     making publicly available online terms of service or use that 
     state plainly and with particularity the criteria that the 
     provider or user of an interactive computer service employs 
     in its content moderation practices, including by any 
     partially or fully automated processes, in accordance with 
     subparagraph (B)(iii)(I).
       ``(f) Violations.--
       ``(1) Private right of action.--
       ``(A) In general.--A person aggrieved by a violation of 
     subsection (c) or (d) may bring a civil action against the 
     provider or user of an interactive computer service that 
     committed the violation for any relief permitted under 
     subparagraph (B) of this paragraph.
       ``(B) Relief.--
       ``(i) In general.--The plaintiff may seek the following 
     relief in a civil action brought under subparagraph (A):

       ``(I) An injunction.
       ``(II) An award that is the greater of--

       ``(aa) actual damages; or
       ``(bb) damages in the amount of $500 for each violation.
       ``(ii) Willful or knowing violations.--In a civil action 
     brought under subparagraph (A), if the court finds that the 
     defendant willfully or knowingly violated subsection (c) or 
     (d), the court may, in its discretion, increase the amount of 
     the award to not more than 3 times the amount available under 
     clause (i)(II) of this subparagraph.
       ``(2) Actions by states.--
       ``(A) Authority of states.--
       ``(i) In general.--Whenever the attorney general of a 
     State, or an official or agency designated by a State, has 
     reason to believe that any person has engaged or is engaging 
     in a pattern or practice of violating subsection (c) or (d) 
     that has threatened or adversely affected or is threatening 
     or adversely affecting an interest of the residents of that 
     State, the State may bring a civil action against the person 
     on behalf of the residents of the State for any relief 
     permitted under clause (ii) of this subparagraph.
       ``(ii) Relief.--

       ``(I) In general.--The plaintiff may seek the following 
     relief in a civil action brought under clause (i):

       ``(aa) An injunction.
       ``(bb) An award that is the greater of--
       ``(AA) actual damages; or
       ``(BB) damages in the amount of $500 for each violation.

       ``(II) Willful or knowing violations.--In a civil action 
     brought under clause (i), if the court finds that the 
     defendant willfully or knowingly violated subsection (c) or 
     (d), the court may, in its discretion, increase the amount of 
     the award to not more than 3 times the amount available under 
     subclause (I)(bb) of this clause.

       ``(B) Investigatory powers.--For purposes of bringing a 
     civil action under this paragraph, nothing in this section 
     shall prevent the attorney general of a State, or an official 
     or agency designated by a State, from exercising the powers 
     conferred on the attorney general or the official by the laws 
     of the State to--
       ``(i) conduct investigations;
       ``(ii) administer oaths or affirmations; or
       ``(iii) compel the attendance of witnesses or the 
     production of documentary and other evidence.
       ``(C) Effect on state court proceedings.--Nothing in this 
     paragraph shall be construed to prohibit an authorized State 
     official from proceeding in State court on the basis of an 
     alleged violation of any general civil or criminal statute of 
     the State.
       ``(D) Attorney general defined.--For purposes of this 
     paragraph, the term `attorney general' means the chief legal 
     officer of a State.
       ``(3) Venue; service of process.--
       ``(A) Venue.--A civil action brought under this subsection 
     may be brought in the location where--
       ``(i) the defendant--

       ``(I) is found;
       ``(II) is an inhabitant; or
       ``(III) transacts business; or

       ``(ii) the violation occurred or is occurring.
       ``(B) Service of process.--Process in a civil action 
     brought under this subsection may be served where the 
     defendant--
       ``(i) is an inhabitant; or
       ``(ii) may be found.
       ``(g) Obligations of Interactive Computer Service.--A 
     provider of an interactive computer service shall, at the 
     time of entering an agreement with a customer for the 
     provision of interactive computer service and in a manner 
     deemed appropriate by the provider, notify the customer that 
     parental control protections (such as computer hardware, 
     software, or filtering services) are commercially available 
     that may assist the customer in limiting access to material 
     that is harmful to minors. The notice shall identify, or 
     provide the customer with access to material identifying, 
     current providers of such protections.
       ``(h) Effect on Other Laws.--
       ``(1) No effect on criminal law.--Nothing in this section 
     shall be construed to impair the enforcement of section 223 
     or 231 of this Act, chapter 71 (relating to obscenity) or 110 
     (relating to sexual exploitation of children) of title 18, 
     United States Code, or any other Federal criminal statute.
       ``(2) No effect on intellectual property law.--Nothing in 
     this section shall be construed to limit or expand any law 
     pertaining to intellectual property.
       ``(3) State law.--Nothing in this section shall be 
     construed to prevent any State from enforcing any State law 
     that is consistent with this section. No cause of action may 
     be brought and no liability may be imposed under any State or 
     local law that is inconsistent with this section.
       ``(4) No effect on communications privacy law.--Nothing in 
     this section shall be construed to limit the application of 
     the Electronic Communications Privacy Act of 1986 or any of 
     the amendments made by such Act, or any similar State law.
       ``(5) No effect on sex trafficking law.--Nothing in this 
     section (other than subsection (e)(2)(A)(i)) shall be 
     construed to impair or limit--
       ``(A) any claim in a civil action brought under section 
     1595 of title 18, United States Code, if the conduct 
     underlying the claim constitutes a violation of section 1591 
     of that title;
       ``(B) any charge in a criminal prosecution brought under 
     State law if the conduct underlying the charge would 
     constitute a violation of section 1591 of title 18, United 
     States Code; or
       ``(C) any charge in a criminal prosecution brought under 
     State law if the conduct underlying the charge would 
     constitute a violation of section 2421A of title 18, United 
     States Code, and promotion or facilitation of prostitution is 
     illegal in the jurisdiction where the defendant's promotion 
     or facilitation of prostitution was targeted.
       ``(i) Definitions.--As used in this section:
       ``(1) Access software provider.--The term `access software 
     provider' means a provider of software (including client or 
     server software), or enabling tools that do any one or more 
     of the following:
       ``(A) Filter, screen, allow, or disallow material.
       ``(B) Pick, choose, analyze, or digest material.
       ``(C) Transmit, receive, display, forward, cache, search, 
     subset, organize, reorganize, or translate material.
       ``(2) Broadband internet access service.--The term 
     `broadband internet access service' has the meaning given the 
     term in section 8.1(b) of title 47, Code of Federal 
     Regulations, or any successor regulation.
       ``(3) Common carrier technology company.--The term `common 
     carrier technology company' means a provider of an 
     interactive computer service that--
       ``(A) offers its services to the public; and
       ``(B) has more than 100,000,000 worldwide active monthly 
     users.
       ``(4) Information content provider.--
       ``(A) In general.--The term `information content provider' 
     means any person or entity that is responsible, in whole or 
     in part, for the creation or development of material provided 
     through the internet or any other interactive computer 
     service.
       ``(B) Responsibility defined.--For purposes of subparagraph 
     (A), the term `responsible, in whole or in part, for the 
     creation or development of material' includes affirmatively 
     and substantively contributing to,

[[Page S8286]]

     modifying, altering, presenting with a reasonably discernible 
     viewpoint, commenting upon, or editorializing about material 
     provided by another person or entity.
       ``(5) Interactive computer service.--The term `interactive 
     computer service' means any information service, system, or 
     access software provider that provides or enables computer 
     access by multiple users to a computer server, including 
     specifically a service or system that provides access to the 
     internet and such systems operated or services offered by 
     libraries or educational institutions.
       ``(6) Internet.--The term `internet' means the 
     international computer network of both Federal and non-
     Federal interoperable packet switched data networks.
       ``(7) Material.--The term `material' means any data, 
     regardless of physical form or characteristic, including--
       ``(A) written or printed matter, information, automated 
     information systems storage media, maps, charts, paintings, 
     drawings, films, photographs, images, videos, engravings, 
     sketches, working notes, or papers, or reproductions of any 
     such things by any means or process; and
       ``(B) sound, voice, magnetic, or electronic recordings.''.
       (b) Conforming Amendments.--
       (1) Communications act of 1934.--The Communications Act of 
     1934 (47 U.S.C. 151 et seq.) is amended--
       (A) in section 223(h)(2) (47 U.S.C. 223(h)(2)), by striking 
     ``section 230(f)(2)'' and inserting ``section 232''; and
       (B) in section 231(b)(4) (47 U.S.C. 231(b)(4)), by striking 
     ``section 230'' and inserting ``section 232''.
       (2) Trademark act of 1946.--Section 45 of the Act entitled 
     ``An Act to provide for the registration and protection of 
     trademarks used in commerce, to carry out the provisions of 
     certain international conventions, and for other purposes'', 
     approved July 5, 1946 (commonly known as the ``Trademark Act 
     of 1946'') (15 U.S.C. 1127) is amended by striking the 
     definition relating to the term ``Internet'' and inserting 
     the following:
       ``The term `internet' has the meaning given that term in 
     section 232 of the Communications Act of 1934.''.
       (3) Title 17, united states code.--Section 1401(g) of title 
     17, United States Code, is amended--
       (A) by striking ``section 230 of the Communications Act of 
     1934 (47 U.S.C. 230)'' and inserting ``section 232 of the 
     Communications Act of 1934''; and
       (B) by striking ``subsection (e)(2) of such section 230'' 
     and inserting ``subsection (h)(2) of such section 232''.
       (4) Title 18, united states code.--Part I of title 18, 
     United States Code, is amended--
       (A) in section 2257(h)(2)(B)(v), by striking ``section 
     230(c) of the Communications Act of 1934 (47 U.S.C. 230(c))'' 
     and inserting ``section 232(e) of the Communications Act of 
     1934''; and
       (B) in section 2421A--
       (i) in subsection (a), by striking ``(as such term is 
     defined in defined in section 230(f) the Communications Act 
     of 1934 (47 U.S.C. 230(f)))'' and inserting ``(as that term 
     is defined in section 232 of the Communications Act of 
     1934)''; and
       (ii) in subsection (b), by striking ``(as such term is 
     defined in defined in section 230(f) the Communications Act 
     of 1934 (47 U.S.C. 230(f)))'' and inserting ``(as that term 
     is defined in section 232 of the Communications Act of 
     1934)''.
       (5) Controlled substances act.--Section 
     401(h)(3)(A)(iii)(II) of the Controlled Substances Act (21 
     U.S.C. 841(h)(3)(A)(iii)(II)) is amended by striking 
     ``section 230(c) of the Communications Act of 1934'' and 
     inserting ``section 232(e) of the Communications Act of 
     1934''.
       (6) Webb-kenyon act.--Section 3(b)(1) of the Act entitled 
     ``An Act divesting intoxicating liquors of their interstate 
     character in certain cases'', approved March 1, 1913 
     (commonly known as the ``Webb-Kenyon Act'') (27 U.S.C. 
     122b(b)(1)) is amended by striking ``(as defined in section 
     230(f) of the Communications Act of 1934 (47 U.S.C. 230(f))'' 
     and inserting ``(as defined in section 232 of the 
     Communications Act of 1934)''.
       (7) Title 28, united states code.--Section 4102 of title 
     28, United States Code, is amended--
       (A) in subsection (c)--
       (i) by striking ``section 230 of the Communications Act of 
     1934 (47 U.S.C. 230)'' and inserting ``section 232 of the 
     Communications Act of 1934''; and
       (ii) by striking ``section 230 if'' and inserting ``that 
     section if''; and
       (B) in subsection (e)(2), by striking ``section 230 of the 
     Communications Act of 1934 (47 U.S.C. 230)'' and inserting 
     ``section 232 of the Communications Act of 1934''.
       (8) Title 31, united states code.--Section 5362(6) of title 
     31, United States Code, is amended by striking ``section 
     230(f) of the Communications Act of 1934 (47 U.S.C. 230(f))'' 
     and inserting ``section 232 of the Communications Act of 
     1934''.
       (9) National telecommunications and information 
     administration organization act.--Section 157(e)(1) of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 941(e)(1)) is amended, in the 
     matter preceding subparagraph (A), by striking ``section 
     230(c) of the Communications Act of 1934 (47 U.S.C. 230(c))'' 
     and inserting ``section 232(e) of the Communications Act of 
     1934''.
       (c) Applicability.--Subsections (c) and (d) of section 232 
     of the Communications Act of 1934, as added by subsection 
     (a), shall apply to a common carrier technology company on 
     and after the date that is 90 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 4703. 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. STUDY ON THE CREATION OF AN OFFICIAL DIGITAL 
                   CURRENCY BY THE PEOPLE'S REPUBLIC OF CHINA.

       (a) 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.
       (b) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Foreign Affairs, the Committee on Appropriations, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 4704. 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 appropriate place, insert the following:

     SEC. ___. SUBJECTING THE BUREAU OF CONSUMER FINANCIAL 
                   PROTECTION TO THE REGULAR APPROPRIATIONS 
                   PROCESS.

       (a) In General.--Section 1017 of the Consumer Financial 
     Protection Act of 2010 (12 U.S.C. 5497) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``Transfer of 
     Funds From Board Of Governors.--'' and inserting ``Budget and 
     Financial Management.--'';
       (B) by striking paragraphs (1) through (3);
       (C) by redesignating paragraphs (4) and (5) as paragraphs 
     (1) and (2), respectively; and
       (D) in paragraph (1), as so redesignated--
       (i) in the paragraph heading, by striking ``Budget and 
     financial management.--'' and inserting ``In general.--'';
       (ii) by striking subparagraph (E); and
       (iii) by redesignating subparagraph (F) as subparagraph 
     (E);
       (2) by striking subsections (b) and (c);
       (3) by redesignating subsections (d) and (e) as subsections 
     (b) and (c), respectively;
       (4) in subsection (b), as so redesignated--
       (A) in paragraph (2)--
       (i) in the first sentence, by inserting ``direct'' before 
     ``victims''; and
       (ii) by striking the second sentence; and
       (B) by adding at the end the following:
       ``(3) Treatment of excess amounts.--If, after the Bureau 
     obtains a civil penalty in a judicial or administrative 
     action under Federal consumer financial laws, deposits that 
     civil penalty into the Civil Penalty Fund under paragraph 
     (1), and, under paragraph (2), makes payments to all of the 
     direct victims of activities for which that civil penalty was 
     imposed, amounts remain in the Civil Penalty Fund with 
     respect to that civil penalty, the Bureau shall transfer 
     those excess amounts to the general fund of the Treasury.''; 
     and
       (5) in subsection (c), as so redesignated--
       (A) by striking paragraphs (1) through (3) and inserting 
     the following:
       ``(1) Authorization of appropriations.--There is authorized 
     to be appropriated such funds as may be necessary to carry 
     out this title for fiscal year 2023.''; and
       (B) by redesignating paragraph (4) as paragraph (2).
       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2022.

[[Page S8287]]

  

                                 ______
                                 
  SA 4705. 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 subtitle G of title X, add the following:

     SEC. 1064. DECLASSIFICATION OF HISTORICAL FISA DECISIONS, 
                   ORDERS, AND OPINIONS OF SIGNIFICANCE.

       (a) In General.--Section 602 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1872) shall apply with 
     respect to decisions, orders, and opinions by the Foreign 
     Intelligence Surveillance Court or the Foreign Intelligence 
     Surveillance Court of Review (as such terms are defined in 
     section 601(e) of such Act (50 U.S.C. 1871(e))) that were 
     issued before, on, or after the date of enactment of the USA 
     FREEDOM Act of 2015 (Public Law 114-23; 129 Stat. 268).
       (b) Deadline.--Not later than 1 year after the date of 
     enactment of this Act, the Director of National Intelligence 
     shall complete the review required under section 602 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1872) with respect to, and make publicly available to the 
     greatest extent practicable in accordance with such section, 
     each decision, order, and opinion described in subsection (a) 
     of this section that was issued before the date of enactment 
     of the USA FREEDOM Act of 2015 (Public Law 114-23; 129 Stat. 
     268).
                                 ______
                                 
  SA 4706. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title XIV, add the following:

Subtitle D--Extraction and Processing of Defense Minerals in the United 
                                 States

     SEC. 1431. SHORT TITLE.

       This subtitle may be cited as the ``Restoring Essential 
     Energy and Security Holdings Onshore for Rare Earths and 
     Critical Minerals Act of 2021'' or the ``REEShore Critical 
     Minerals Act of 2021''.

     SEC. 1432. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Energy and Natural 
     Resources, the Committee on Commerce, Science, and 
     Transportation, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Natural Resources, the 
     Committee on Energy and Commerce, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (2) Critical mineral.--The term ``critical mineral'' has 
     the meaning given that term in section 7002(a) of the Energy 
     Act of 2020 (division Z of Public Law 116-260; 30 U.S.C. 
     1606(a)).
       (3) Defense mineral product.--The term ``defense mineral 
     product'' means any product--
       (A) formed or comprised of, or manufactured from, one or 
     more critical minerals; and
       (B) used in critical military defense technologies or other 
     related applications of the Department of Defense.
       (4) Processed or refined.--The term ``processed or 
     refined'' means any process by which a defense mineral is 
     extracted, separated, or otherwise manipulated to render the 
     mineral usable for manufacturing a defense mineral product.

     SEC. 1433. REPORT ON STRATEGIC CRITICAL MINERAL AND DEFENSE 
                   MINERAL PRODUCTS RESERVE.

       (a) Findings.--Congress finds that the storage of 
     substantial quantities of critical minerals and defense 
     mineral products will--
       (1) diminish the vulnerability of the United States to the 
     effects of a severe supply chain interruption; and
       (2) provide limited protection from the short-term 
     consequences of an interruption in supplies of defense 
     mineral products.
       (b) Sense of Congress.--It is the sense of Congress that, 
     in procuring critical minerals and defense mineral products, 
     the Secretary of Defense should prioritize procurement of 
     critical minerals and defense mineral products from sources 
     in the United States, including that are mined, produced, 
     separated, and manufactured within the United States.
       (c) Report Required.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of the Interior, 
     acting through the United States Geologic Survey, and the 
     Secretary of Defense, in consultation with the Secretary of 
     Homeland Security, the Director of the Cybersecurity and 
     Infrastructure Security Agency, the Secretary of Commerce, 
     and the Director of National Intelligence, shall jointly 
     submit to the appropriate congressional committees a report--
       (A) describing the existing authorities and funding levels 
     of the Federal Government to stockpile critical minerals and 
     defense mineral products;
       (B) assessing whether those authorities and funding levels 
     are sufficient to meet the requirements of the United States; 
     and
       (C) including recommendations to diminish the vulnerability 
     of the United States to disruptions in the supply chains for 
     critical minerals and defense mineral products through 
     changes to policy, procurement regulation, or existing law, 
     including any additional statutory authorities that may be 
     needed.
       (2) Considerations.--In developing the report required by 
     paragraph (1), the Secretary of the Interior, the Secretary 
     of Defense, the Secretary of Commerce, the Secretary of 
     Homeland Security, the Director of the Cybersecurity and 
     Infrastructure Security Agency, and the Director of National 
     Intelligence shall take into consideration the needs of the 
     Armed Forces of the United States, the intelligence community 
     (as defined in section 3(4) of the National Security Act of 
     1947 (50 U.S.C. 3003(4))), the defense industrial and 
     technology sectors, and any places, organizations, physical 
     infrastructure, or digital infrastructure designated as 
     critical to the national security of the United States.

     SEC. 1434. REPORT ON DISCLOSURES CONCERNING CRITICAL MINERALS 
                   BY CONTRACTORS OF DEPARTMENT OF DEFENSE.

       (a) Report Required.--Not later than December 31, 2022, the 
     Secretary of Defense, after consultation with the Secretary 
     of Commerce, the Secretary of State, and the Secretary of the 
     Interior, shall submit to the appropriate congressional 
     committees a report that includes--
       (1) a review of the existing disclosure requirements with 
     respect to the provenance of magnets used within defense 
     mineral products;
       (2) a review of the feasibility of imposing a requirement 
     that any contractor of the Department of Defense provide a 
     disclosure with respect to any system with a defense mineral 
     product that is a permanent magnet, including an 
     identification of the country or countries in which--
       (A) the critical minerals used in the magnet were mined;
       (B) the critical minerals were refined into oxides;
       (C) the critical minerals were made into metals and alloys; 
     and
       (D) the magnet was sintered or bonded and magnetized; and
       (3) recommendations to Congress for implementing such a 
     requirement, including methods to ensure that any tracking or 
     provenance system is independently verifiable.

     SEC. 1435. REPORT ON PROHIBITION ON ACQUISITION OF DEFENSE 
                   MATERIALS FROM NON-ALLIED FOREIGN NATIONS.

       The Secretary of Defense shall study and submit to the 
     appropriate congressional committees a report on the 
     potential impacts of imposing a restriction that, for any 
     contract entered into or renewed on or after December 31, 
     2026, for the procurement of a system the export of which is 
     restricted or controlled under the Arms Export Control Act 
     (22 U.S.C. 2751 et seq.), no critical minerals processed or 
     refined in the People's Republic of China may be included in 
     the system.

     SEC. 1436. PRODUCTION IN AND USES OF CRITICAL MINERALS BY 
                   UNITED STATES ALLIES.

       (a) Policy.--It shall be the policy of the United States to 
     encourage countries that are allies of the United States to 
     eliminate their dependence on non-allied countries for 
     critical minerals to the maximum extent practicable.
       (b) Report Required.--Not later than December 31, 2022, and 
     annually thereafter, the Secretary of Defense, in 
     coordination with the Secretary of State, shall submit to the 
     appropriate congressional committees a report--
       (1) describing in detail the discussions of such 
     Secretaries with countries that are allies of the United 
     States concerning supply chain security for critical 
     minerals;
       (2) assessing the likelihood of those countries 
     discontinuing the use of critical minerals from foreign 
     entities of concern (as defined in section 9901(6) of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (15 U.S.C. 4651(6))) or countries 
     that such Secretaries deem to be of concern; and
       (3) assessing initiatives in other countries to increase 
     critical mineral mining and production capabilities.
                                 ______
                                 
  SA 4707. 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:


[[Page S8288]]


  

       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, through the 
     International Criminal Investigative Training Assistance 
     Program and the Office of Overseas Prosecutorial Development, 
     Assistance, and Training, 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 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.

[[Page S8289]]

  

                                 ______
                                 
  SA 4708. Mr. WHITEHOUSE (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill H.R. 4350, to 
authorize appropriations for fiscal year 2022 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle B of title XII, add the following:

     SEC. 1216. ESTABLISHMENT OF AFGHAN WORKING GROUP AND AFGHAN 
                   THREAT FINANCE CELL.

       (a) Afghan Working Group.--
       (1) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the President shall establish 
     an interagency organization to be known as the ``Afghan 
     Working Group''.
       (2) Mission.--The mission of the Afghan Working Group shall 
     be--
       (A) to reduce the manufacture, sale, and distribution of 
     illicit narcotics from Afghanistan;
       (B) to identify, disrupt, and eliminate illicit financial 
     networks in Afghanistan, particularly--
       (i) such networks involved in narcotics trafficking, 
     illicit financial transactions (including through the use of 
     domestic and international professional money launderers), 
     and official corruption; and
       (ii) terrorist networks; and
       (C) to promote the rule of law in Afghanistan.
       (3) Membership.--The Afghan Working Group shall be convened 
     by the Assistant to the President for National Security 
     Affairs and consist of representatives from the following 
     agencies:
       (A) The Department of the Treasury.
       (B) The Department of Justice.
       (C) The Drug Enforcement Administration.
       (D) The Department of State.
       (E) The Department of Defense.
       (F) The Federal Bureau of Investigation.
       (G) The Internal Revenue Service.
       (H) The Department of Homeland Security.
       (I) The Defense Intelligence Agency.
       (J) The Office of Foreign Assets Control of the Department 
     of the Treasury.
       (K) The Central Intelligence Agency.
       (L) The Financial Crimes Enforcement Network of the 
     Department of Treasury.
       (M) The Bureau of International Narcotics Control and Law 
     Enforcement Affairs.
       (N) The Office of National Drug Control Policy.
       (O) Any other law enforcement agency or element of the 
     intelligence community (as defined in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003)) the Assistant 
     to the President for National Security Affairs considers 
     appropriate.
       (4) Coordination.--The Afghan Working Group shall regularly 
     coordinate and consult with regional anti-corruption bodies, 
     financial intelligence units, the international Financial 
     Action Task Force, and the Special Inspector General for 
     Afghanistan Reconstruction.
       (5) Briefings.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Afghan Working Group shall provide to the appropriate 
     committees of Congress a briefing on the activities of the 
     Afghan Working Group.
       (B) Elements.--Each briefing under subparagraph (A) shall 
     include the following:
       (i) An assessment of the activities undertaken by, and the 
     effectiveness of, the Afghan Working Group with respect to--

       (I) reducing the manufacture, sale, and distribution of 
     illicit narcotics from Afghanistan;
       (II) identifying, disrupting, and eliminating illicit 
     financial networks in Afghanistan, particularly--

       (aa) such networks involved in narcotics trafficking, 
     illicit financial transactions (including through the use of 
     domestic and international professional money launderers), 
     and official corruption; and
       (bb) terrorist networks; and

       (III) promoting the rule of law in Afghanistan.

       (ii) Recommendations to Congress on legislative or 
     regulatory improvements necessary to support the efforts 
     described in subclauses (I) through (III) of clause (i).
       (C) Form.--A briefing under subparagraph (A) may be 
     provided in classified form.
       (b) Afghan Threat Finance Cell.--
       (1) Establishment.--Not later than 90 days after the date 
     on which the Afghan Working Group is established, the Afghan 
     Working Group shall establish an interagency organization to 
     be known as the ``Afghan Threat Finance Cell''.
       (2) Mission.--The mission of the Afghan Threat Finance Cell 
     shall be to identify, disrupt, and eliminate illicit 
     financial networks in Afghanistan, particularly--
       (A) such networks involved in narcotics trafficking, 
     illicit financial transactions (including through the use of 
     domestic and international professional money launderers), 
     and official corruption; and
       (B) terrorist networks.
       (3) Lead agencies.--The Department of the Treasury shall 
     serve as the lead agency of the Afghan Threat Finance Cell, 
     and the Drug Enforcement Administration and the Department of 
     Defense shall serve as the co-deputy lead agencies of the 
     Afghan Threat Finance Cell.
       (4) Coordination.--The Afghan Threat Finance Cell shall 
     regularly coordinate and consult with regional financial 
     intelligence units, the international Financial Action Task 
     Force, and the Special Inspector General for Afghanistan 
     Reconstruction.
       (5) Briefings.--
       (A) Requirement.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Afghan Threat Finance Cell shall provide to the appropriate 
     committees of Congress a briefing on the activities of the 
     Afghan Threat Finance Cell.
       (B) Elements.--Each briefing under subparagraph (A) shall 
     include the following:
       (i) An assessment of the activities undertaken by, and the 
     effectiveness of, the Afghan Threat Finance Cell in 
     identifying, disrupting, and eliminating illicit financial 
     networks in Afghanistan, particularly--

       (I) such networks involved in narcotics trafficking, 
     illicit financial transactions, (including through the use of 
     domestic and international professional money launderers), 
     and official corruption; and
       (II) terrorist networks.

       (ii) Recommendations to Congress on legislative or 
     regulatory improvements necessary to support the 
     identification, disruption, and elimination of illicit 
     financial networks in Afghanistan.
       (C) Form.--A briefing under subparagraph (A) may be 
     provided in classified form.
       (c) Termination.--
       (1) In general.--Subject to paragraph (2), the Afghan 
     Working Group and the Afghan Threat Finance Cell shall 
     terminate on the date that is three years after the date of 
     the enactment of this Act.
       (2) Extension.--The President may extend the termination 
     date under paragraph (1) for the Afghan Working Group, the 
     Afghan Threat Finance Cell, or both, as necessary.
       (d) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) The Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on the Judiciary, and the Committee on Armed 
     Services of the Senate, and the Senate Caucus on 
     International Narcotics Control; and
       (2) The Committee on Financial Services, the Committee on 
     Oversight and Reform, the Committee on the Judiciary, and the 
     Committee on Armed Services of the House of Representatives.
                                 ______
                                 
  SA 4709. 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

[[Page S8290]]

     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 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, 2023.

     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 4710. Mr. CASSIDY (for himself and Mr. Schatz) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to

[[Page S8291]]

the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1064. RESEARCH ENDOWMENTS AT BOTH CURRENT AND FORMER 
                   CENTERS OF EXCELLENCE.

       Paragraph (1) (beginning with ``(1) In general'') of 
     section 464z-3(h) of the Public Health Service Act (42 U.S.C. 
     285t(h)) is amended to read as follows:
       ``(1) In general.--The Director of the Institute may carry 
     out a program to facilitate minority health disparities 
     research and other health disparities research by providing 
     for research endowments--
       ``(A) at current or former centers of excellence under 
     section 736; and
       ``(B) at current or former centers of excellence under 
     section 464z-4.''.
                                 ______
                                 
  SA 4711. Mr. McCONNELL (for himself, Mr. Durbin, Mr. Young, Mr. 
Grassley, Mr. Graham, Mr. Hagerty, 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 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 prospects for additional 
     sanctions;

       (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 4712. Mr. WHITEHOUSE (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1064. RESEARCH INTO NON-OPIOID PAIN MANAGEMENT.

       (a) In General.--The Secretary of Health and Human Services 
     shall conduct or support research and surveillance with 
     respect to non-opioid methods of pain management, including 
     non-pharmaceutical remedies for pain and integrative medicine 
     solutions.
       (b) Authorization of Appropriations.--For purposes of 
     conducting research under this section, there are authorized 
     to be appropriated such sums as may be necessary for each of 
     fiscal years 2022 through 2026.
                                 ______
                                 
  SA 4713. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1264. REPORT ON NAGORNO KARABAKH CONFLICT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense, shall submit to 
     the congressional defense committees, the Committee on 
     Foreign Affairs of the House of Representatives, and the 
     Committee on Foreign Relations of the Senate a report on the 
     2020 conflict in Nagorno Karabakh.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the use of weapon systems produced 
     outside either country that was a party to the 2020 conflict 
     in Nagorno Karabakh that were employed in the conflict, 
     including a list of the origins of those weapon systems.
       (2) An assessment of the use of white phosphorous or 
     cluster bombs in the conflict.
       (3) A description of the involvement of foreign actors in 
     the conflict, including a description of the military 
     activities, influence operations, and diplomatic engagement 
     by foreign countries before, during, and after the conflict, 
     as well as any effort by parties to the conflict or foreign 
     actors to recruit or employ foreign fighters during the 
     conflict.
       (4) Any other matter the Secretary of State considers 
     important.
                                 ______
                                 
  SA 4714. Mr. REED (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle A of title V, add the following:

[[Page S8292]]

  


     SEC. 503. AUTHORITY TO VARY NUMBER OF SPACE FORCE OFFICERS 
                   CONSIDERED FOR PROMOTION TO MAJOR GENERAL.

       (a) In General.--Notwithstanding section 616(d) of title 
     10, United States Code, the number of officers recommended 
     for promotion by a selection board convened by the Secretary 
     of the Air Force under section 611(a) of title 10, United 
     States Code, to consider officers on the Space Force active 
     duty list for promotion to major general may not exceed the 
     number equal to 95 percent of the total number of brigadier 
     generals eligible for consideration by the board.
       (b) Termination.--The authority provided under subsection 
     (a) shall terminate on December 31, 2022.
                                 ______
                                 
  SA 4715. Mr. ROUNDS (for Mr. Inhofe) submitted an amendment intended 
to be proposed to amendment SA 3867 submitted by Mr. Reed and intended 
to be proposed to the bill H.R. 4350, to authorize appropriations for 
fiscal year 2022 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1064. EXPANSION OF PROPERTY OF DEPARTMENT OF DEFENSE NOT 
                   ELIGIBLE FOR SALE OR DONATION FOR LAW 
                   ENFORCEMENT ACTIVITIES AND STUDY ON USE OF SUCH 
                   AUTHORITY TO SELL OR DONATE PROPERTY.

       (a) In General.--Section 2576a(e) of title 10, United 
     States Code, is amended by adding at the end the following 
     new paragraphs:
       ``(5) Explosives.
       ``(6) Firearms of 50 cal mil or greater and ammunition of 
     50 cal mil or greater.
       ``(7) Asphyxiating gases, including those comprised of 
     lachrymatory agents, and analogous liquids, materials, or 
     devices.''.
       (b) Study.--
       (1) In general.--The Director of the Defense Logistics 
     Agency shall conduct a study on the use by the Department of 
     Defense of the authority under section 2576a of title 10, 
     United States Code, and the administration of such authority 
     by the Law Enforcement Support Office of the Department.
       (2) Elements.--The study required under paragraph (1) shall 
     include--
       (A) an analysis of the degree to which personal property 
     transferred under section 2576a of title 10, United States 
     Code, has been distributed equitably between larger, well-
     resourced municipalities and units of government and smaller, 
     less well-resourced municipalities and units of government; 
     and
       (B) an identification of potential modifications to the 
     authority under such section to ensure that property 
     transferred under such section is transferred in a manner 
     that provides adequate opportunity for participation by 
     smaller, less well-resourced municipalities and units of 
     government.
       (3) Report.--Not later than December 1, 2022, the Director 
     of the Defense Logistics Agency shall submit to the 
     congressional defense committees a report on the results of 
     the study conducted under paragraph (1).
                                 ______
                                 
  SA 4716. Mr. HAGERTY (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 III, add the following:

     SEC. 376. ACCESS TO CATEGORY 3 SUBTERRANEAN TRAINING 
                   FACILITIES.

       (a) In General.--The Secretary of Defense may have access 
     to a covered category 3 subterranean training facility on a 
     continuing basis, subject to the availability of 
     appropriations for such purpose.
       (b) Authority to Enter Into Lease.--The Secretary may enter 
     into a short-term lease with a provider of a covered category 
     3 subterranean training facility for purposes of subsection 
     (a).
       (c) Covered Category 3 Subterranean Training Facility 
     Defined.--In this section, the term ``covered category 3 
     subterranean training facility'' means a category 3 
     subterranean training facility that is--
       (1) operational as of the date of the enactment of this 
     Act; and
       (2) determined by the Secretary to be safe for use as of 
     such date.
                                 ______
                                 
  SA 4717. 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, insert the following:

                     TITLE __--STEM RESEARCH GAINS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Strengthening the STEM 
     Research Workforce to Generate American Infrastructure for 
     National Security Act of 2021'' or the ``STEM Research GAINS 
     Act of 2021''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Covered field.--The term ``covered field'' means a 
     field in science, technology, engineering, or mathematics 
     research or development that is determined to be--
       (A) a subject area relating to the national security of the 
     United States;
       (B) a subject area relating to the United States' ability 
     to compete in an open, fair, and competitive international 
     market and achieve economic growth; or
       (C) a subject area that is in need of expanded and 
     strengthened academic pipelines to ensure a diverse 
     workforce.
       (2) Director.--The term ``Director'' means the Director of 
     the National Science Foundation.
       (3) Federal science agency.--The term ``Federal science 
     agency'' has the meaning given the term in section 103(f) of 
     the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 
     6623(f)).
       (4) Institution of higher education.--The term 
     ``institution of higher education'' means an institution of 
     higher education described in section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001).
       (5) Minority.--The term ``minority'' has the meaning given 
     the term in section 365(2) of the Higher Education Act of 
     1965 (20 U.S.C. 1067k(2)).
       (6) Minority-serving institution.--The term ``minority-
     serving institution'' means--
       (A) a part B institution (as defined in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061));
       (B) a Hispanic-serving institution (as defined in section 
     502 of that Act (20 U.S.C. 1101a));
       (C) a Tribal College or University (as defined in section 
     316 of that Act (20 U.S.C. 1059c));
       (D) an Alaska Native-serving institution (as defined in 
     section 317(b) of that Act (20 U.S.C. 1059d(b)));
       (E) a Native Hawaiian-serving institution (as defined in 
     section 317(b) of that Act (20 U.S.C. 1059d(b)));
       (F) a Predominantly Black Institution (as defined in 
     section 318 of that Act (20 U.S.C. 1059e));
       (G) an Asian American and Native American Pacific Islander-
     serving institution (as defined in section 320(b) of that Act 
     (20 U.S.C. 1059g(b))); or
       (H) a Native American-serving, nontribal institution (as 
     defined in section 319 of that Act (20 U.S.C. 1059f)).
       (7) STEM.--The term ``STEM'' means science, technology, 
     engineering, and mathematics, including computer science.
       (8) Underrepresented field.--The term ``underrepresented 
     field'' means a field in STEM in which the national rate of 
     representation of women among tenured, tenure-track faculty, 
     or nonfaculty researchers at doctorate-granting institutions 
     of higher education is less than 25 percent, according to the 
     most recent data available from the National Center for 
     Science and Engineering Statistics.
       (9) Underrepresented in science and engineering.--The term 
     ``underrepresented in science and engineering'' means a 
     minority group whose number of scientists and engineers, per 
     10,000 population of that group, is substantially below the 
     comparable figure for scientists and engineers who are white 
     and not of Hispanic origin, as determined by the Secretary of 
     Education under section 637.4(b) of title 34, Code of Federal 
     Regulations, or similar successor regulations.

   Subtitle A--Expanding Pipeline Programs to Research Opportunities

     SEC. __11. RESEARCH AND DEVELOPMENT AREAS CRITICAL TO 
                   NATIONAL SECURITY.

       (a) Covered Fields.--The President shall conduct a study to 
     identify areas for research and development that are covered 
     fields.
       (b) Update.--Not less than once every 5 years, the 
     President shall reassess the covered fields.

     SEC. __12. INCREASING INVESTMENT IN UNDERGRADUATE SCIENCE 
                   PIPELINES.

       (a) In General.--There are authorized to be appropriated to 
     the National Science Foundation for fiscal year 2022 and for 
     each of the following 4 years, $750,000,000, which shall be 
     used by the Director for the following National Science 
     Foundation programs:
       (1) The Historically Black Colleges and Universities 
     Undergraduate Program.
       (2) The Louis Stokes Alliances for Minority Participation 
     program.
       (3) The Research Experiences for Undergraduates program.
       (4) The Tribal Colleges and Universities Program.
       (5) The Improving Undergraduates STEM Education: Hispanic-
     Serving Institutions Program.

[[Page S8293]]

       (6) Other programs to broaden participation in 
     undergraduate STEM programs, as determined by the Director.
       (b) Supplement Not Supplant.--The amounts used under 
     subsection (a) shall supplement, and not supplant, any other 
     amounts used by the National Science Foundation for the 
     programs described in such subsection.

     SEC. __14. BOLSTERING STEM PIPELINES STRATEGIC PLAN.

       (a) Broadening Participation Strategic Plan.--Not later 
     than 1 year after the date of enactment of this Act, the 
     Subcommittee on Federal Coordination in Science, Technology, 
     Engineering, and Mathematics Education (FC-STEM) of the 
     Committee on Science, Technology, Engineering, and 
     Mathematics Education (CoSTEM) of the National Science and 
     Technology Council shall submit to Congress a report 
     containing the subcommittee's current strategic plan for 
     Federal science agencies to increase the capacity of STEM 
     programs carried out by Federal science agencies that are in 
     effect as of the date of the report to increase the 
     participation of individuals who are underrepresented in 
     science and engineering, women who are underrepresented in 
     STEM fields, and low-income and first-generation college 
     students, in order to broaden participation in grants and 
     programs carried out by the Federal science agencies. The 
     report shall include--
       (1) a description of how the grants and programs that are 
     carried out by the Federal science agencies, as of the time 
     of the report, are carried out in a manner that advances 
     diverse pipelines in STEM fields, and a description of how 
     the Federal science agencies can better advance such diverse 
     pipelines;
       (2) an analysis of the data collection that would allow for 
     meaningful goal setting and transparency relating to the 
     Federal science agencies' progress in broadening 
     participation of individuals from groups that are 
     underrepresented in science and engineering with respect to 
     those grants and programs;
       (3) an analysis of how the Federal science agencies can 
     meet goals related to broadening the participation of 
     individuals from groups that are underrepresented in science 
     and engineering by--
       (A) creating or expanding funding opportunities;
       (B) modifying existing research and development programs; 
     and
       (C) establishing coordination between existing programs 
     carried out by the Federal science agencies;
       (4) a description of the ways that the Federal science 
     agencies work with minority-serving institutions to--
       (A) enable those eligible institutions to compete 
     effectively for grants, contracts, or cooperative agreements 
     carried out by the National Science Foundation;
       (B) encourage those eligible institutions to participate in 
     programs carried out by the Federal science agencies; and
       (C) encourage students and faculty, particularly minority 
     students and faculty and students and faculty in 
     underrepresented fields, at the eligible institution to apply 
     for and successfully earn graduate and professional 
     opportunities from programs supported by the Federal science 
     agencies;
       (5) an analysis of the best ways to share best practices 
     for institutions of higher education and Federal science 
     agencies interested in supporting individuals from groups 
     that are underrepresented in science and engineering;
       (6) an analysis of how the Federal science agencies can 
     work together to advance goals related to broadening the 
     participation of individuals from groups that are 
     underrepresented in science and engineering; and
       (7) an analysis of how to promote relationships between 
     institutions of higher education and high schools to enhance 
     the pipeline for high school students to undergraduate STEM 
     opportunities in covered fields and enhance the quality of 
     high school teachers in STEM fields.
       (b) Report to Congress.--Not later than 2 years after the 
     date of enactment of this Act, and every 5 years thereafter, 
     the Subcommittee on Federal Coordination in Science, 
     Technology, Engineering, and Mathematics Education of the 
     Committee on Science, Technology, Engineering, and 
     Mathematics Education of the National Science and Technology 
     Council shall report to Congress on the implementation by 
     Federal science agencies of the strategic plan developed 
     under this section.

     SEC. __15. RESEARCH PROGRAM CLEARINGHOUSE AND TECHNICAL 
                   ASSISTANCE CENTER.

       (a) Opportunities Clearinghouse.--The Subcommittee on 
     Federal Coordination in Science, Technology, Engineering, and 
     Mathematics Education of the Committee on Science, 
     Technology, Engineering, and Mathematics Education of the 
     National Science and Technology Council shall establish and 
     maintain a public clearinghouse (including by maintaining a 
     publicly available website) of all research programs 
     sponsored by Federal science agencies that are available to 
     individuals as undergraduate and graduate students.
       (b) Best Practices Clearinghouse.--The Director shall work 
     with the Director of the Institute of Education Sciences of 
     the Department of Education to maintain the What Works 
     Clearinghouse to collect, analyze, identify, disseminate, and 
     make publicly available information about best practices for 
     institutions of higher education to strengthen the pipeline 
     of individuals pursuing careers in covered fields 
     (particularly for minority students pursuing those careers), 
     and particularly information to help address gaps identified 
     in the publication entitled ``Minority Serving Institutions: 
     America's Underutilized Resource for Strengthening the STEM 
     Workforce'', published in 2019 by the National Academies of 
     Sciences, Engineering, and Medicine.
       (c) Technical Assistance.--The Director shall fund the 
     maintenance of existing (as of the date of the funding) 
     technical resource centers to enable the centers to work with 
     institutions of higher education seeking to implement 
     strategies to--
       (1) bolster and diversify the student body at the 
     institution that pursue STEM fields;
       (2) support students underrepresented in science and 
     engineering who are pursuing research-based STEM studies to 
     help those students continue and complete those studies; or
       (3) support other technical assistance activities 
     determined by the Director to be appropriate.

       Subtitle B--Increasing Transparency for Graduate Education

     SEC. __21. STRENGTHENING TRANSPARENCY.

       (a) Assessments.--The Director shall conduct regular 
     assessments of graduate research fellowship programs carried 
     out by the National Science Foundation and make additional 
     information publicly available about those programs, 
     including for each program--
       (1) the number of applications received, disaggregated by 
     undergraduate and graduate institution, race, gender, age, 
     and eligibility for a Federal Pell Grant;
       (2) the number of applications approved, disaggregated by 
     undergraduate and graduate institution, race, gender, age, 
     and eligibility for a Federal Pell Grant;
       (3) the number of students that are awarded grants to 
     develop a diverse STEM workforce, disaggregated by 
     undergraduate population, public or private institution, and 
     (in the case of a minority-serving institution) type of 
     minority-serving institutions;
       (4) an analysis of the recipients of scholarships and 
     fellowships awarded by institutions of higher education 
     through the graduate research fellowship programs, 
     disaggregated by race; and
       (5) the ratio of the number of individuals who participated 
     in the assessment from the program to the number of students 
     in the program.
       (b) Voluntarily Provided Data.--For purposes of subsection 
     (a), the Director shall base the assessments on, and make 
     information publicly available on, data voluntarily provided 
     by student applicants for the graduate research fellowship 
     program involved.
       (c) Reports.--The Director shall prepare and submit to 
     Congress, and make publicly available, annual reports that 
     show trends in how research fellowships and scholarships 
     supported by the National Science Foundation are awarded to 
     individuals from underrepresented groups, institutions of 
     higher education, and entities from different geographic 
     areas, in order to better show trends in the participation of 
     underrepresented groups in such research fellowships and 
     scholarships.

   Subtitle C--Strengthening the National Security Research Workforce

     SEC. __31. EARLY CAREER FACULTY SUPPORTS.

       (a) Rising Faculty Professional Advancement Program.--
       (1) Establishment of pilot program.--Not later than 1 year 
     after the date of enactment of this Act, the Director shall 
     select an organization to establish a 5-year pilot mentorship 
     program to be known as ``Rising Faculty Professional 
     Advancement Program'' (referred to in this section as the 
     ``program'') in order to increase the diversity of faculty in 
     STEM fields.
       (2) Purpose.--The purpose of the Rising Faculty 
     Professional Advancement Program shall be--
       (A) to increase the number of doctoral-level professionals 
     from underrepresented groups in STEM fields who transition 
     into faculty positions at institutions of higher education; 
     and
       (B) to improve mentorship and training for researchers who 
     are navigating the transition in the research pipeline to 
     becoming faculty, which is a time when a significant decrease 
     in diversity often occurs.
       (b) Program Participants.--
       (1) Eligibility.--An individual shall be eligible to 
     participate in the program if the individual is a doctoral 
     degree holding researcher in a post-doctoral research 
     position or early-career faculty (defined as a faculty 
     researcher with a title of assistant professor or other non-
     tenured equivalent).
       (2) Outreach.--The organization shall conduct outreach to 
     encourage participation in the program by individuals 
     described in paragraph (1) who are from groups 
     underrepresented in STEM fields, including--
       (A) individuals from groups who are underrepresented in 
     science and engineering;
       (B) individuals holding doctoral degrees in covered fields 
     from or faculty positions at minority-serving institutions;
       (C) individuals holding doctoral degrees in covered fields 
     from institutions of higher education in the bottom 90 
     percent of research and development expenditures, as ranked 
     by the National Center for Science and Engineering 
     Statistics; and
       (D) individuals who are women and who hold positions from 
     underrepresented fields.
       (c) Activities.--

[[Page S8294]]

       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the organization shall establish 
     program activities including--
       (A) training for Rising Faculty and mentors;
       (B) a program curriculum; and
       (C) support for existing (as of the date of provision of 
     the support) mentoring programs for mentor engagement.
       (2) Collaborative research.--The organization shall 
     encourage program mentors to network and enter into 
     collaboration on research projects with Rising Faculty and 
     other mentors within the program.
       (3) Survey.--Following the first year of program 
     enrollment, and on an annual basis during the program, the 
     organization shall--
       (A) conduct a survey of Rising Faculty and mentors to 
     determine best practices and outcomes achieved;
       (B) conduct a survey to collect information about the 
     demographics of the Rising Faculty and mentors; and
       (C) conduct additional surveys or other analyses of Rising 
     Faculty who completed the program to assess career 
     progression for not more than 5 years following the 
     completion of the program by Rising Faculty.
       (d) Assessment of the Pilot Program and Recommendations.--
     Not later than 180 days after the conclusion of the pilot 
     program, the Director shall provide a report to the 
     appropriate committees of Congress with respect to the pilot 
     program, which shall include--
       (1) a description and evaluation of the status and 
     effectiveness of the program, including a summary of survey 
     data collected;
       (2) an assessment of the success and utility of the pilot 
     program in meeting the purposes of this section;
       (3) a summary and analysis of the types and frequency of 
     activities and policies developed and carried out under the 
     pilot program; and
       (4) a recommendation about continuing the program on a 
     pilot or permanent basis.
                                 ______
                                 
  SA 4718. Mr. BROWN (for himself and Mr. Warner) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. MINORITY INSTITUTE FOR DEFENSE RESEARCH.

       (a) Plan to Establish Minority Institute for Defense 
     Research.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this section, the Secretary shall submit to 
     the congressional defense committees a plan (in this section 
     referred to as the ``Plan'') for the establishment of the 
     Minority Institute for Defense Research (in this section 
     referred to as the ``Consortium'').
       (2) Elements.--The Plan shall include the following:
       (A) Information relating to the projected needs of the 
     Department for the next twenty years with respect to 
     essential engineering, research, or development capability.
       (B) An assessment relating to the engineering, research, 
     and development capability of each minority institution to 
     identify each leading minority institution.
       (C) Information relating to the advancements and 
     investments necessary to elevate a minority institution or a 
     consortium of minority institutions to the research capacity 
     of a University Affiliated Research Center.
       (D) Recommendations relating to actions that may be taken 
     by the Department, Congress, and minority institutions to 
     establish the Consortium within 10 years.
       (3) Publicly available.--The Plan shall be posted on a 
     publicly available website of the Department.
       (b) Naming of the Consortium.--With respect to the naming 
     of the Consortium, the Secretary shall--
       (1) establish a process to solicit and review proposals of 
     names from--
       (A) minority institutions;
       (B) nonprofit institutions that advocate on behalf of 
     minority institutions; and
       (C) members of the public;
       (2) develop a list of all names received pursuant to 
     paragraph (1);
       (3) provide opportunity for public comment on the names 
     included on such list; and
       (4) choose a name from such list to name the Consortium.
       (c) Grant Program for Leading Minority Institutions.--
       (1) In general.--The Secretary may establish a program to 
     award grants, on a competitive basis, to leading minority 
     institutions for the purposes described in paragraph (2).
       (2) Purposes.--The purposes described in this paragraph are 
     the following:
       (A) Establishing a legal entity for the purpose of entering 
     into research contracts or agreements with the Federal 
     Government or the Consortium.
       (B) Developing the capability to bid on Federal Government 
     or Consortium contracts.
       (C) Requesting technical assistance from the Federal 
     Government or a private entity with respect to contracting 
     with the Federal Government or the Consortium.
       (D) Recruiting and retaining research faculty.
       (E) Advancing research capabilities relating to the 
     national security of the United States.
       (F) Any other matter determined appropriate by the 
     Secretary.
       (3) Application.--To be eligible to receive a grant under 
     this section, a leading minority institution shall submit to 
     the Secretary an application therefor in such form, and 
     containing such information, as the Secretary may require.
       (4) Preference.--In awarding grants pursuant to paragraph 
     (1), the Secretary shall give preference to a leading 
     minority institution with a R1 or R2 status on the Carnegie 
     Classification of Institutions of Higher Education.
       (d) Definitions.--In this section:
       (1) The term ``Department'' means the Department of 
     Defense.
       (2) The term ``leading minority institution'' means a 
     minority institution identified (pursuant to the assessment 
     required under subsection (a)(2)(B)) as being in the top 20 
     percent of all such institutions with respect to providing 
     essential engineering, research, or development capability.
       (3) The term ``institution of higher education'' has the 
     meaning given such term in section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001).
       (4) The term ``minority institution'' means--
       (A) a part B institution (as such term is defined in 
     section 322 of the Higher Education Act of 1965 (20 U.S.C. 
     1061)); or
       (B) any institution of higher education at which not less 
     than 50 percent of the total student enrollment consists of 
     students from ethnic groups that are underrepresented in the 
     fields of science and engineering.
       (5) The term ``Secretary'' means the Secretary of Defense.
       (6) The term ``University Affiliated Research Center'' 
     means a research organization within an institution of higher 
     education that--
       (A) provides or maintains Department essential engineering, 
     research, or development capabilities; and
       (B) receives sole source contract funding from the 
     Department pursuant to section 2304(c)(3)(B) of title 10, 
     United States Code.

     SEC. ___. SUBCONTRACT REQUIREMENTS FOR MINORITY INSTITUTIONS.

       (a) In General.--Section 2304 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(m)(1) The head of an agency shall require that a 
     contract awarded to an educational institution pursuant to 
     subsection (c)(3)(B) includes a requirement to subcontract 
     with one or more minority institutions for a total amount of 
     not less than 5 percent of the amount awarded in the 
     contract.
       ``(2) For the purposes of this subsection, a minority 
     institution means--
       ``(A) a part B institution (as that term is defined in 
     section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 
     1061(2))); or
       ``(B) any other institution of higher education (as that 
     term is defined in section 101 of such Act (20 U.S.C. 1001)) 
     at which not less than 50 percent of the total student 
     enrollment consists of students from ethnic groups that are 
     underrepresented in the fields of science and engineering.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall--
       (1) take effect on October 1, 2026; and
       (2) apply with respect to funds that are awarded by the 
     Department of Defense on or after such date.

     SEC. ___. FUNDING FOR APPLIED AND ADVANCED TECHNOLOGY 
                   DEVELOPMENT AT HISTORICALLY BLACK COLLEGES AND 
                   UNIVERSITIES AND MINORITY INSTITUTIONS.

       (a) Additional Funding.--
       (1) Applied research.--(A) The amount authorized to be 
     appropriated for fiscal year 2022 by section 201 for 
     research, development, test, and evaluation is hereby 
     increased by $30,000,000, with the amount of the increase to 
     be available for Advancement of S&T Priorities (PE 
     0602251D8Z).
       (B) The amount available under subparagraph (A) shall be 
     available for minority institutions.
       (2) Advanced technology development.--(A) The amount 
     authorized to be appropriated for fiscal year 2022 by section 
     201 for research, development, test, and evaluation is hereby 
     increased by $15,000,000, with the amount of the increase to 
     be available for Advanced Research High speed flight 
     experiment testing (PE 0603180C).
       (B) The amount available under subparagraph (A) shall be 
     available for minority institutions.
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2022 by section 301 for operation and maintenance 
     is hereby decreased by $45,000,000, 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, Afghan Air Force Sustainment.
       (c) Definition of Minority Institution.--In this section, 
     the term ``minority institution'' means--
       (1) a part B institution (as such term is defined in 
     section 322 of the Higher Education Act of 1965 (20 U.S.C. 
     1061)); or
       (2) any institution of higher education at which not less 
     than 50 percent of the total

[[Page S8295]]

     student enrollment consists of students from ethnic groups 
     that are underrepresented in the fields of science and 
     engineering.
                                 ______
                                 
  SA 4719. Mr. BROWN (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 appropriate place, insert the following:

     SEC. ____. PROTECTIONS FOR OBLIGORS AND COSIGNERS IN CASE OF 
                   DEATH OR TOTAL AND PERMANENT DISABILITY.

       (a) In General.--Section 140(g) of the Truth in Lending Act 
     (15 U.S.C. 1650(g)) is amended--
       (1) in paragraph (2)--
       (A) in the heading, by striking ``in case of death of 
     borrower''; an
       (B) by striking ``death'' each place the term appears and 
     inserting ``death or total and permanent disability'';
       (2) by adding at the end the following:
       ``(3) Discharge in case of death or total and permanent 
     disability of borrower.--The holder of a private education 
     loan shall, when notified of the death or total and permanent 
     disability of a student obligor, discharge the liability of 
     the student obligor on the loan and may not, after such 
     notification--
       ``(A) attempt to collect on the outstanding liability of 
     the student obligor; and
       ``(B) in the case of total and permanent disability, 
     monitor the disability status of the student obligor at any 
     point after the date of discharge.
       ``(4) Private discharge in cases of certain discharge for 
     death or disability.--The holder of a private education loan 
     shall, when notified of the discharge of liability of a 
     student obligor on a loan described under section 
     108(f)(5)(A) of the Internal Revenue Code of 1986, discharge 
     any liability of the student obligor (and any cosigner) on 
     any private education loan which the private education loan 
     holder holds and may not, after such notification--
       ``(A) attempt to collect on the outstanding liability of 
     the student obligor; and
       ``(B) in the case of total and permanent disability, 
     monitor the disability status of the student obligor at any 
     point after the date of discharge.
       ``(5) Definition.--In this subsection, the term `total and 
     permanent disability' has the meaning given the term `totally 
     and permanently disabled' in section 685.102(b) of title 34, 
     Code of Federal Regulations.''.
       (b) Rulemaking.--The Director of the Bureau of Consumer 
     Financial Protection may promulgate regulations to implement 
     the amendments made by subsection (a) as the Director 
     determines appropriate.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 1 year after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 4720. Mr. ROUNDS (for Mr. Inhofe) submitted an amendment intended 
to be proposed to amendment SA 4431 submitted by Mr. Inhofe 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:

        In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 1516. MODIFICATION TO ESTIMATE OF DAMAGES FROM FEDERAL 
                   COMMUNICATIONS COMMISSION ORDER 20-48.

       Section 1664 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting ``or any subsequent fiscal year'' after 
     ``fiscal year 2021''; and
       (2) by adding at the end the following new subsections:
       ``(d) Distribution of Estimate.--As soon as practicable 
     after submitting an estimate as described in paragraph (1) of 
     subsection (a) and making the certification described in 
     paragraph (2) of such subsection, the Secretary shall make 
     such estimate available to any licensee operating under the 
     Order and Authorization described in such subsection.
       ``(e) Authority of Secretary of Defense to Seek Recovery of 
     Costs.--The Secretary may work directly with any licensee (or 
     any future assignee, successor, or purchaser) affected by the 
     Order and Authorization described in subsection (a) to seek 
     recovery of costs incurred by the Department as a result of 
     the effect of such order and authorization.
       ``(f) Reimbursement.--
       ``(1) In general.--The Secretary shall establish and 
     facilitate a process for any licensee (or any future 
     assignee, successor, or purchaser) subject to the Order and 
     Authorization described in subsection (a) to provide 
     reimbursement to the Department, only to the extent provided 
     in appropriation Acts, for the covered costs and eligible 
     reimbursable costs submitted and certified to the 
     congressional defense committees under such subsection.
       ``(2) Use of funds.--The Secretary shall use any funds 
     received under this subsection, to the extent and in such 
     amounts as are provided in advance in appropriation Acts, for 
     covered costs described in subsection (b) and the range of 
     eligible reimbursable costs identified under subsection 
     (a)(1).
       ``(3) Report.--Not later than 90 days after the date on 
     which the Secretary establishes the process required by 
     paragraph (1), the Secretary shall submit to the 
     congressional defense committees a report on such process.''.
                                 ______
                                 
  SA 4721. Mr. WARNOCK submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title X, add the following:

                      Subtitle H--Maternal Health

     SEC. 1071. INNOVATION FOR MATERNAL HEALTH.

       Title III of the Public Health Service Act (42 U.S.C. 241 
     et seq.) is amended by inserting after section 330N of such 
     Act, the following:

     ``SEC. 330O. INNOVATION FOR MATERNAL HEALTH.

       ``(a) In General.--The Secretary, in consultation with 
     experts representing a variety of clinical specialties, 
     State, Tribal, or local public health officials, researchers, 
     epidemiologists, statisticians, and community organizations, 
     shall establish or continue a program to award competitive 
     grants to eligible entities for the purpose of--
       ``(1) identifying, developing, or disseminating best 
     practices to improve maternal health care quality and 
     outcomes, improve maternal and infant health, and eliminate 
     preventable maternal mortality and severe maternal morbidity, 
     which may include--
       ``(A) information on evidence-based practices to improve 
     the quality and safety of maternal health care in hospitals 
     and other health care settings of a State or health care 
     system by addressing topics commonly associated with health 
     complications or risks related to prenatal care, labor care, 
     birthing, and postpartum care;
       ``(B) best practices for improving maternal health care 
     based on data findings and reviews conducted by a State 
     maternal mortality review committee that address topics of 
     relevance to common complications or health risks related to 
     prenatal care, labor care, birthing, and postpartum care; and
       ``(C) information on addressing determinants of health that 
     impact maternal health outcomes for women before, during, and 
     after pregnancy;
       ``(2) collaborating with State maternal mortality review 
     committees to identify issues for the development and 
     implementation of evidence-based practices to improve 
     maternal health outcomes and reduce preventable maternal 
     mortality and severe maternal morbidity, consistent with 
     section 317K;
       ``(3) providing technical assistance and supporting the 
     implementation of best practices identified in paragraph (1) 
     to entities providing health care services to pregnant and 
     postpartum women; and
       ``(4) identifying, developing, and evaluating new models of 
     care that improve maternal and infant health outcomes, which 
     may include the integration of community-based services and 
     clinical care.
       ``(b) Eligible Entities.--To be eligible for a grant under 
     subsection (a), an entity shall--
       ``(1) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require; and
       ``(2) demonstrate in such application that the entity is 
     capable of carrying out data-driven maternal safety and 
     quality improvement initiatives in the areas of obstetrics 
     and gynecology or maternal health.
       ``(c) Report.--Not later than September 30, 2024, and every 
     2 years thereafter, the Secretary shall submit a report to 
     Congress on the practices described in paragraphs (1) and (2) 
     of subsection (a). Such report shall include a description of 
     the extent to which such practices reduced preventable 
     maternal mortality and severe maternal morbidity, and whether 
     such practices improved maternal and infant health. The 
     Secretary shall disseminate information on such practices, as 
     appropriate.
       ``(d) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated $9,000,000 
     for each of fiscal years 2022 through 2026.''.

[[Page S8296]]

  


     SEC. 1072. TRAINING FOR HEALTH CARE PROVIDERS.

       Title VII of the Public Health Service Act is amended by 
     striking section 763 (42 U.S.C. 294p) and inserting the 
     following:

     ``SEC. 763. TRAINING FOR HEALTH CARE PROVIDERS.

       ``(a) Grant Program.--The Secretary shall establish a 
     program to award grants to accredited schools of allopathic 
     medicine, osteopathic medicine, and nursing, and other health 
     professional training programs for the training of health 
     care professionals to improve the provision of prenatal care, 
     labor care, birthing, and postpartum care for racial and 
     ethnic minority populations, including with respect to 
     perceptions and biases that may affect the approach to, and 
     provision of, care.
       ``(b) Eligibility.--To be eligible for a grant under 
     subsection (a), an entity described in such subsection shall 
     submit to the Secretary an application at such time, in such 
     manner, and containing such information as the Secretary may 
     require.
       ``(c) Reporting Requirements.--
       ``(1) Periodic grantee reports.--Each entity awarded a 
     grant under this section shall periodically submit to the 
     Secretary a report on the status of activities conducted 
     using the grant, including a description of the impact of 
     such training on patient outcomes, as applicable.
       ``(2) Report to congress.--Not later than September 30, 
     2025, the Secretary shall submit a report to Congress on the 
     activities conducted using grants under subsection (a) and 
     any best practices identified and disseminated under 
     subsection (d).
       ``(d) Best Practices.--The Secretary may identify and 
     disseminate best practices for the training described in 
     subsection (a).
       ``(e) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated $5,000,000 
     for each of fiscal years 2022 through 2026.''.

     SEC. 1073. STUDY ON IMPROVING TRAINING FOR HEALTH CARE 
                   PROVIDERS.

       Not later than 2 years after date of enactment of this Act, 
     the Secretary of Health and Human Services shall, through a 
     contract with an independent research organization, conduct a 
     study and make recommendations for accredited schools of 
     allopathic medicine, osteopathic medicine, and nursing, and 
     other health professional training programs on best practices 
     related to training to improve the provision of prenatal 
     care, labor care, birthing, and postpartum care for racial 
     and ethnic minority populations, including with respect to 
     perceptions and biases that may affect the approach to, and 
     provision of, care.

     SEC. 1074. PERINATAL QUALITY COLLABORATIVES.

       (a) In General.--Section 317K(a)(2) of the Public Health 
     Service Act (42 U.S.C. 247b-12(a)(2)) is amended by adding at 
     the end the following:
       ``(E)(i) The Secretary, acting through the Director of the 
     Centers for Disease Control and Prevention and in 
     coordination with other offices and agencies, as appropriate, 
     shall establish or continue a competitive grant program for 
     the establishment or support of perinatal quality 
     collaboratives to improve perinatal care and perinatal health 
     outcomes for pregnant and postpartum women and their infants. 
     A State, Indian Tribe, or Tribal organization may use funds 
     received through such grant to--
       ``(I) support the use of evidence-based or evidence-
     informed practices to improve outcomes for maternal and 
     infant health;
       ``(II) work with clinical teams; experts; State, local, 
     and, as appropriate, Tribal public health officials; and 
     stakeholders, including patients and families, to identify, 
     develop, or disseminate best practices to improve perinatal 
     care and outcomes; and
       ``(III) employ strategies that provide opportunities for 
     health care professionals and clinical teams to collaborate 
     across health care settings and disciplines, including 
     primary care and mental health, as appropriate, to improve 
     maternal and infant health outcomes, which may include the 
     use of data to provide timely feedback across hospital and 
     clinical teams to inform responses, and to provide support 
     and training to hospital and clinical teams for quality 
     improvement, as appropriate.
       ``(ii) To be eligible for a grant under clause (i), an 
     entity shall submit to the Secretary an application in such 
     form and manner and containing such information as the 
     Secretary may require.''.
       (b) Report to Congress.--Not later than September 30, 2025, 
     the Secretary of Health and Human Services shall submit to 
     Congress a report regarding the activities conducted by 
     recipients of grants under subsection (a)(2)(E) of section 
     317K of the Public Health Service Act (42 U.S.C. 247b-12).

     SEC. 1075. INTEGRATED SERVICES FOR PREGNANT AND POSTPARTUM 
                   WOMEN.

       (a) Grants.--Title III of the Public Health Service Act (42 
     U.S.C. 241 et seq.) is amended by inserting after section 
     330O of such Act, as added by section 1071, the following:

     ``SEC. 330P. INTEGRATED SERVICES FOR PREGNANT AND POSTPARTUM 
                   WOMEN.

       ``(a) In General.--The Secretary may award grants for the 
     purpose of establishing or operating evidence-based or 
     innovative, evidence-informed programs to deliver integrated 
     health care services to pregnant and postpartum women to 
     optimize the health of women and their infants, including to 
     reduce adverse maternal health outcomes, pregnancy-related 
     deaths, and related health disparities (including such 
     disparities associated with racial and ethnic minority 
     populations), and, as appropriate, by addressing issues 
     researched under subsection (b)(2) of section 317K.
       ``(b) Integrated Services for Pregnant and Postpartum 
     Women.--
       ``(1) Eligibility.--To be eligible to receive a grant under 
     subsection (a), a State, Indian Tribe, or Tribal organization 
     (as such terms are defined in section 4 of the Indian Self-
     Determination and Education Assistance Act) shall work with 
     relevant stakeholders that coordinate care to develop and 
     carry out the program, including--
       ``(A) State, Tribal, and local agencies responsible for 
     Medicaid, public health, social services, mental health, and 
     substance use disorder treatment and services;
       ``(B) health care providers who serve pregnant and 
     postpartum women; and
       ``(C) community-based health organizations and health 
     workers, including providers of home visiting services and 
     individuals representing communities with disproportionately 
     high rates of maternal mortality and severe maternal 
     morbidity, and including those representing racial and ethnic 
     minority populations.
       ``(2) Terms.--
       ``(A) Period.--A grant awarded under subsection (a) shall 
     be made for a period of 5 years. Any supplemental award made 
     to a grantee under subsection (a) may be made for a period of 
     less than 5 years.
       ``(B) Priorities.--In awarding grants under subsection (a), 
     the Secretary shall--
       ``(i) give priority to States, Indian Tribes, and Tribal 
     organizations that have the highest rates of maternal 
     mortality and severe maternal morbidity relative to other 
     such States, Indian Tribes, or Tribal organizations, 
     respectively; and
       ``(ii) shall consider health disparities related to 
     maternal mortality and severe maternal morbidity, including 
     such disparities associated with racial and ethnic minority 
     populations.
       ``(C) Evaluation.--The Secretary shall require grantees to 
     evaluate the outcomes of the programs supported under the 
     grant.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for each of fiscal years 2022 through 2026.''.
       (b) Report on Grant Outcomes and Dissemination of Best 
     Practices.--
       (1) Report.--Not later than February 1, 2026, the Secretary 
     of Health and Human Services shall submit to the Committee on 
     Health, Education, Labor, and Pensions of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives a report that describes--
       (A) the outcomes of the activities supported by the grants 
     awarded under the amendments made by this section on maternal 
     and child health;
       (B) best practices and models of care used by recipients of 
     grants under such amendments; and
       (C) obstacles identified by recipients of grants under such 
     amendments, and strategies used by such recipients to deliver 
     care, improve maternal and child health, and reduce health 
     disparities.
       (2) Dissemination of best practices.--Not later than August 
     1, 2026, the Secretary of Health and Human Services shall 
     disseminate information on best practices and models of care 
     used by recipients of grants under the amendments made by 
     this section (including best practices and models of care 
     relating to the reduction of health disparities, including 
     such disparities associated with racial and ethnic minority 
     populations, in rates of maternal mortality and severe 
     maternal morbidity) to relevant stakeholders, which may 
     include health providers, medical schools, nursing schools, 
     relevant State, Tribal, and local agencies, and the general 
     public.

     SEC. 1076. MATERNAL VACCINATION AWARENESS.

       In carrying out the public awareness initiative related to 
     vaccinations pursuant to section 313 of the Public Health 
     Service Act (42 U.S.C. 245), the Secretary of Health and 
     Human Services shall take into consideration the importance 
     of increasing awareness and knowledge of the safety and 
     effectiveness of vaccines to prevent disease in pregnant and 
     postpartum women and in infants and the need to improve 
     vaccination rates in communities and populations with low 
     rates of vaccination.
                                 ______
                                 
  SA 4722. 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 appropriate place, insert the following:

     SEC. ___. IMPROVEMENTS TO CHIPS.

       Section 9902 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 
     4652) is amended--
       (1) by redesignating subsection (c) as subsection (d); and

[[Page S8297]]

       (2) by inserting after subsection (b) the following:
       ``(c) Conditions of Receipt.--
       ``(1) Required agreement.--A covered entity to which the 
     Secretary awards Federal financial assistance under this 
     section shall enter into an agreement that specifies that, 
     during the 5-year period immediately following the award of 
     the Federal financial assistance--
       ``(A) the covered entity will not--
       ``(i) repurchase an equity security that is listed on a 
     national securities exchange of the covered entity or any 
     parent company of the covered entity, except to the extent 
     required under a contractual obligation that is in effect as 
     of the date of enactment of this subsection;
       ``(ii) outsource or offshore jobs to a location outside of 
     the United States; or
       ``(iii) abrogate existing collective bargaining agreements; 
     and
       ``(B) the covered entity will remain neutral in any union 
     organizing effort.
       ``(2) Financial protection of government.--
       ``(A) In general.--The Secretary may not award Federal 
     financial assistance to a covered entity under this section, 
     unless--
       ``(i)(I) the covered entity has issued securities that are 
     traded on a national securities exchange; and
       ``(II) the Secretary of the Treasury receives a warrant or 
     equity interest in the covered entity; or
       ``(ii) in the case of any covered entity other than a 
     covered entity described in clause (i), the Secretary of the 
     Treasury receives, in the discretion of the Secretary of the 
     Treasury--

       ``(I) a warrant or equity interest in the covered entity; 
     or
       ``(II) a senior debt instrument issued by the covered 
     entity.

       ``(B) Terms and conditions.--The terms and conditions of 
     any warrant, equity interest, or senior debt instrument 
     received under subparagraph (A) shall be set by the Secretary 
     and shall meet the following requirements:
       ``(i) Purposes.--Such terms and conditions shall be 
     designed to provide for a reasonable participation by the 
     Secretary of Commerce, for the benefit of taxpayers, in 
     equity appreciation in the case of a warrant or other equity 
     interest, or a reasonable interest rate premium, in the case 
     of a debt instrument.
       ``(ii) Authority to sell, exercise, or surrender.--For the 
     primary benefit of taxpayers, the Secretary may sell, 
     exercise, or surrender a warrant or any senior debt 
     instrument received under this subparagraph. The Secretary 
     shall not exercise voting power with respect to any shares of 
     common stock acquired under this subparagraph.
       ``(iii) Sufficiency.--If the Secretary determines that a 
     covered entity cannot feasibly issue warrants or other equity 
     interests as required by this subparagraph, the Secretary may 
     accept a senior debt instrument in an amount and on such 
     terms as the Secretary determines appropriate.''.
                                 ______
                                 
  SA 4723. Mr. DAINES (for himself 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 military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. _____. CONGRESSIONAL GOLD MEDAL.

       (a) Findings.--Congress finds the following:
       (1) At 9:44 a.m., on August 26, 2021, the Pentagon 
     confirmed that one explosion occurred at the Hamid Karzai 
     International Airport.
       (2) The explosion was confirmed to be a suicide bombing by 
     ISIS-K terrorist group.
       (3) Estimates as high as 200 deaths were reported, 
     including 13 service members of the United States, as well as 
     hundreds more wounded.
       (4) The attack on Thursday, August 26, 2021 at the Hamid 
     Karzai International Airport in Kabul, Afghanistan, killed 13 
     United States service members, making it the deadliest single 
     day of the war for the United States in more than a decade.
       (5) The American service members went above and beyond the 
     call of duty to protect citizens of the United States and our 
     allies to ensure they are brought to safety in an extremely 
     dangerous situation as the Taliban regained control over 
     Afghanistan.
       (6) The American service members exemplified extreme 
     bravery and valor against armed enemy combatants.
       (7) The American service members dedicated their lives and 
     their heroism deserves great honor.
       (8) Maxton Soviak, Kareem Nikoui, David Espinoza, Rylee 
     McCollum, Jared Schmitz, Hunter Lopez, Taylor Hoover, Daegan 
     William-Tyeler Page, Nicole Gee, Humberto Sanchez, Dylan 
     Merola, Johanny Rosario Pichardo, and Ryan Knauss have been 
     identified as the 13 service members who died from the blast 
     while stationed at Hamid Karzai International Airport.
       (b) Congressional Gold Medal.--
       (1) Presentations authorized.--The Speaker of the House of 
     Representatives and the President pro tempore of the Senate 
     shall make appropriate arrangements for the posthumous 
     presentation, on behalf of Congress, of a single gold medal 
     of appropriate design in commemoration of the 13 service 
     members who perished as a result of the attack in 
     Afghanistan, on August 26, 2021.
       (2) Design and striking.--For purposes of the presentation 
     referred to in paragraph (1), the Secretary of the Treasury 
     (referred to in this section as the ``Secretary'') shall 
     strike a gold medal with suitable emblems, devices, and 
     inscriptions, to be determined by the Secretary.
       (3) Smithsonian institution.--
       (A) In general.--Following the award of the gold medal 
     under paragraph (1), the gold medal shall be given to the 
     Smithsonian Institution, where it shall be available for 
     display as appropriate and made available for research.
       (B) Sense of congress.--It is the sense of Congress that 
     the Smithsonian Institution shall make the gold medal 
     received under paragraph (1) available for display outside of 
     the District of Columbia at times, particularly at other 
     locations associated with the 13 service members who perished 
     in Afghanistan on August 26, 2021.
       (c) Duplicate Medals.--The Secretary may strike and sell 
     duplicates in bronze of the gold medal struck pursuant to 
     subsection (b) at a price sufficient to cover the cost 
     thereof, including labor, materials, dies, use of machinery, 
     and overhead expenses.
       (d) Status of Medals.--
       (1) National medals.--The medal struck pursuant to this 
     section is a national medal for purposes of chapter 51 of 
     title 31, United States Code.
       (2) Numismatic items.--For purposes of section 5134 of 
     title 31, United States Code, all medals struck under this 
     section shall be considered to be numismatic items.
       (e) Authority to Use Fund Amounts; Proceeds of Sale.--
       (1) Authority to use fund amounts.--There is authorized to 
     be charged against the United States Mint Public Enterprise 
     Fund such amounts as may be necessary to pay for the costs of 
     the medals struck pursuant to this section.
       (2) Proceeds of sale.--The amounts received from the sale 
     of duplicate bronze medals authorized under subsection (c) 
     shall be deposited into the United States Mint Public 
     Enterprise Fund.
                                 ______
                                 
  SA 4724. 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 of subtitle G of title X, add the following:

     SEC. 1064. 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, the Chairman of the 
     Federal Trade Commission, 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 of Homeland Security, 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.
                                 ______
                                 
  SA 4725. Ms. CORTEZ MASTO (for herself and Mr. Kaine) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. IMPROVING IRAQ & AFGHANISTAN SERVICE GRANT AND 
                   CHILDREN OF FALLEN HEROES GRANT.

       (a) Technical Amendment Relating to Iraq and Afghanistan 
     Service Grant and

[[Page S8298]]

     Children of Fallen Heroes Grant.--Part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), as 
     amended by section 703 of the FAFSA Simplification Act (title 
     VII of division FF of Public Law 116-260), is amended--
       (1) in section 401--
       (A) in subsection (c)--
       (i) in paragraph (2)--

       (I) by striking subparagraph (A); and
       (II) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively;

       (ii) in paragraph (3)(A), by striking ``(2)(B)(i)'' and 
     inserting ``(2)(A)(i)'';
       (iii) by redesignating paragraph (5) as paragraph (7); and
       (iv) by inserting after paragraph (4) the following:
       ``(5) Prevention of double benefits.--No eligible student 
     described in paragraph (2) may concurrently receive a grant 
     under both this subsection and subsection (b).
       ``(6) Terms and conditions.--The Secretary shall award 
     grants under this subsection in the same manner and with the 
     same terms and conditions, including the length of the period 
     of eligibility, as the Secretary awards Federal Pell Grants 
     under subsection (b), except that--
       ``(A) the award rules and determination of need applicable 
     to the calculation of Federal Pell Grants under subsection 
     (b)(1) shall not apply to grants made under this subsection; 
     and
       ``(B) the maximum period determined under subsection (d)(5) 
     shall be determined by including all grants made under this 
     section received by the eligible student and all grants so 
     received under subpart 10 before the effective date of this 
     subsection.''; and
       (2) by striking section 420R (20 U.S.C. 1070h).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in section 703 of the FAFSA 
     Simplification Act (title VII of division FF of Public Law 
     116-260) and subject to the effective date of section 701(b) 
     of such Act.
       (c) Transition.--The Secretary shall take such steps as are 
     necessary to transition from the Iraq and Afghanistan Service 
     Grant program under subpart 10 of part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070h), as in effect 
     on the day before the effective date of this section, and the 
     provision of Federal Pell Grants under section 401(c) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a(c)), as amended 
     by the FAFSA Simplification Act and this Act.
                                 ______
                                 
  SA 4726. 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.

   TITLE LI--INVESTING IN CYBER RESILIENCY IN CRITICAL INFRASTRUCTURE

     SEC. 5101. NATIONAL RISK MANAGEMENT CYCLE.

       (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.

       ``(a) National Critical Functions Defined.--In this 
     section, the term `national critical functions' means the 
     functions of government and the private sector so vital to 
     the United States that their disruption, corruption, or 
     dysfunction would have a debilitating effect on security, 
     national economic security, national public health or safety, 
     or any combination thereof.
       ``(b) National Risk Management Cycle.--
       ``(1) Risk identification and assessment.--
       ``(A) In general.--The Secretary, acting through the 
     Director, shall establish a recurring process by which to 
     identify, assess, and prioritize risks to critical 
     infrastructure, considering both cyber and physical threats, 
     the associated likelihoods, vulnerabilities, and 
     consequences, and the resources necessary to address them.
       ``(B) Consultation.--In establishing the process required 
     under subparagraph (A), the Secretary shall consult with, and 
     request and collect information to support analysis from, 
     Sector Risk Management Agencies, critical infrastructure 
     owners and operators, the Assistant to the President for 
     National Security Affairs, the Assistant to the President for 
     Homeland Security, and the National Cyber Director.
       ``(C) Publication.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall publish in 
     the Federal Register procedures for the process established 
     under subparagraph (A), subject to any redactions the 
     Secretary determines are necessary to protect classified or 
     other sensitive information.
       ``(D) Report.--The Secretary shall submit to the President, 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, and the Committee on Homeland Security of the 
     House of Representatives a report on the risks identified by 
     the process established under subparagraph (A)--
       ``(i) not later than 1 year after the date of enactment of 
     this section; and
       ``(ii) not later than 1 year after the date on which the 
     Secretary submits a periodic evaluation described in section 
     9002(b)(2) of title XC of division H of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283).
       ``(2) National critical infrastructure resilience 
     strategy.--
       ``(A) In general.--Not later than 1 year after the date on 
     which the Secretary delivers each report required under 
     paragraph (1), the President shall deliver to majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on Homeland Security of the House of 
     Representatives a national critical infrastructure resilience 
     strategy designed to address the risks identified by the 
     Secretary.
       ``(B) Elements.--Each strategy delivered under subparagraph 
     (A) shall--
       ``(i) identify, assess, and prioritize areas of risk to 
     critical infrastructure that would compromise or disrupt 
     national critical functions impacting national security, 
     economic security, or public health and safety;
       ``(ii) assess the implementation of the previous national 
     critical infrastructure resilience strategy, as applicable;
       ``(iii) identify and outline current and proposed national-
     level actions, programs, and efforts to be taken to address 
     the risks identified;
       ``(iv) identify the Federal departments or agencies 
     responsible for leading each national-level action, program, 
     or effort and the relevant critical infrastructure sectors 
     for each; and
       ``(v) request any additional authorities necessary to 
     successfully execute the strategy.
       ``(C) Form.--Each strategy delivered under subparagraph (A) 
     shall be unclassified, but may contain a classified annex.
       ``(3) Congressional briefing.--Not later than 1 year after 
     the date on which the President delivers a strategy under 
     this section, and every year thereafter, the Secretary, in 
     coordination with Sector Risk Management Agencies, shall 
     brief the appropriate committees of Congress on--
       ``(A) the national risk management cycle activities 
     undertaken pursuant to the strategy; and
       ``(B) the amounts and timeline for funding that the 
     Secretary has determined would be necessary to address risks 
     and successfully execute the full range of activities 
     proposed by the strategy.''.
       (b) Technical and Conforming 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.

[[Page S8299]]

``Sec. 2220A. National risk management cycle.''.
       (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 consultation 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 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 consultation 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 the voluntary 
     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, the Director of National Intelligence, 
     and the Attorney General;
       (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 Requirements.--
       (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, in coordination with the 
     heads of appropriate departments and agencies, 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 data shared in the environment, comply with Federal 
     regulations and statutes, and respect existing consent

[[Page S8300]]

     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--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 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 4727. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle E of title XII, add the following:

     SEC. 1253. DISCLOSURES REQUIRED BY UNITED STATES FINANCIAL 
                   INSTITUTIONS INVESTING IN PEOPLE'S REPUBLIC OF 
                   CHINA.

       (a) In General.--The Secretary of Defense shall--
       (1) require any United States financial institution that 
     makes an investment described subsection (b) to disclose the 
     amount and purpose, and potential impacts on the national 
     defense, of such investments to the Secretary on an annual 
     basis; and
       (2) make such disclosures available to the public.
       (b) Investments Described.--An investment described in this 
     subsection is a monetary investment, in an amount that 
     exceeds a threshold to be determined by the Secretary, 
     directly or indirectly--
       (1) to--
       (A) the People's Republic of China;
       (B) an entity owned or controlled by the Chinese Communist 
     Party; or
       (C) the People's Liberation Army; or
       (2) for the benefit of any key industrial sector sponsored 
     by the Chinese Communist Party.
       (c) Consolidated Report.--Not less frequently than 
     annually, the Secretary shall compile the disclosures 
     submitted under subsection (a) and submit that compilation 
     and a summary of those disclosures to the congressional 
     defense committees.
       (d) Regulations.--The Secretary shall prescribe such 
     regulations as are necessary to carry out this section, which 
     may include--
       (1) requirements for documents and information to be 
     submitted with disclosures required under subsection (a); and
       (2) procedures for the determining the amount under 
     subsection (b).
       (e) Definitions.--In this section:
       (1) Financial institution.--The term ``financial 
     institution''--
       (A) has the meaning given that term in section 5312 of 
     title 31, United States Code; and
       (B) includes a private equity company, venture capital 
     company, or hedge fund.
       (2) United states financial institution.--The term ``United 
     States financial institution'' means a financial institution 
     organized under the laws of the United States or of any 
     jurisdiction within the United States, including a foreign 
     branch of such an institution.
                                 ______
                                 
  SA 4728. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle E of title V, add the following:

     SEC. 576. COUNTERING EXTREMISM IN THE ARMED FORCES.

       (a) Countering Extremism.--
       (1) In general.--Title 10, United States Code, is amended--
       (A) in Part II of subtitle A, by adding at the end the 
     following new chapter:

                   ``CHAPTER 89--COUNTERING EXTREMISM

``1801. Senior Official for Countering Extremism.
``1802. Training and education.
``1803. Data collection and analysis.
``1804. Reporting requirements.
``1805. Definitions.

     ``Sec. 1801. Senior Official for Countering Extremism

       ``(a) Designation.--The Secretary of Defense shall 
     designate an Under Secretary of Defense as the Senior 
     Official for Countering Extremism.
       ``(b) Duties.--The Senior Official shall--
       ``(1) coordinate and facilitate programs, resources, and 
     activities within the Department of Defense to counter 
     extremist activities, to include screening of publicly 
     available information and Insider Threat Programs;
       ``(2) coordinate with Federal, State, and local enforcement 
     organizations to counter extremism within the Department of 
     Defense;
       ``(3) coordinate with the Secretary of Veterans Affairs on 
     addressing and preventing extremist activities following an 
     individual's separation from the armed forces;
       ``(4) engage and interact with, and solicit recommendations 
     from, outside experts on extremist activities; and
       ``(5) perform any additional duties prescribed by the 
     Secretary of Defense, in consultation with the Secretary of 
     Homeland Security.

     ``Sec. 1802. Training and education

       ``(a) In General.--The Secretary of each military 
     department, in coordination with the Senior Official for 
     Countering Extremism, shall develop and implement training 
     and education programs and related materials to assist 
     members of the armed forces and civilian employees of the 
     Department of Defense in identifying, preventing, responding 
     to, reporting, and mitigating the risk of extremist 
     activities.
       ``(b) Content.--The training and education described in 
     subsection (a) shall include specific material for activities 
     determined by the Senior Official for Countering Extremism as 
     high risk for extremist activities, including recruitment 
     activities and separating members of the armed forces.
       ``(c) Requirements.--The Secretary of Defense, in 
     consultation with the Secretary of Homeland Security, shall 
     provide the training and education described in subsection 
     (a)--
       ``(1) to a member of the armed forces, civilian employee of 
     the Department of Defense, cadet at a military service 
     academy, or an individual in a pre-commissioning program no 
     less than once a year;
       ``(2) to a member of the armed forces whose discharge 
     (regardless of character of discharge) or release from active 
     duty is anticipated as of a specific date within the time 
     period specified under section 1142(a)(3) of this title;

[[Page S8301]]

       ``(3) to a member of the armed forces performing 
     recruitment activities within the 30 days prior to commencing 
     such activities; and
       ``(4) additionally as determined by the Secretary of 
     Defense.

     ``Sec. 1803. Data collection and analysis

       ``(a) In General.--The Senior Official for Countering 
     Extremism shall establish and maintain a database on 
     extremist activities in the Department of Defense.
       ``(b) Content.--The database established under subsection 
     (a) shall--
       ``(1) include records on each allegation, investigation, 
     disciplinary action, and separation related to extremist 
     activities within the Department of Defense;
       ``(2) include, as appropriate, information related to 
     extremist activities in the armed forces provided by or 
     generated from information from a Federal law enforcement 
     agency; and
       ``(3) any other requirements prescribed by the Secretary of 
     Defense, in consultation with the Secretary of Homeland 
     Security.

     ``Sec. 1804. Reporting requirements

       ``(a) Annual Report.--Not later than December 1 of each 
     year, the Senior Official for Countering Extremism shall 
     submit to Congress a report on the prevalence of extremist 
     activities within the Department of Defense.
       ``(b) Elements.--The report required by subsection (a) 
     shall include each of the following elements:
       ``(1) The number of extremist activity allegations, 
     investigations, disciplinary actions, and separations 
     disaggregated data by the armed force, race, gender, 
     ethnicity, grade, and rank of the principal.
       ``(2) An analysis and assessment of trends in the incidence 
     and disposition of extremist activities during the year 
     covered by the report.
       ``(3) Any other matters as determined by the Senior 
     Official for Countering Extremism.
       ``(c) Publication.--The Secretary of Defense shall--
       ``(1) publish on an appropriate publicly available website 
     of the Department of Defense the reports required by 
     subsection (a); and
       ``(2) ensure that any data included with each such report 
     is made available in a machine-readable format that is 
     downloadable, searchable, and sortable.

     ``Sec. 1805. Definitions

       ``The following definitions apply in this chapter:
       ``(1) The term `extremist activities' shall--
       ``(A) have the meaning prescribed by the Secretary of 
     Defense; and
       ``(B) include membership in an extremist organization.
       ``(2) The term `extremist insider threat' means a member of 
     the armed forces or civilian employee of the Department of 
     Defense with access to government information, systems, or 
     facilities, who--
       ``(A) can use such access to do harm to the security of the 
     United States; and
       ``(B) engages in extremist activities.
       ``(3) The term `extremist organization' shall have the 
     meaning prescribed by the Secretary of Defense.
       ``(4) The term `principal' means a member of the armed 
     forces or civilian employee of the Department of Defense who 
     engages in an extremist activity, or aids, abets, counsels, 
     commands, or procures its commission.''; and
       (B) in chapter 39, by inserting after section 985 the 
     following new section:

     ``Sec. 986. Prohibition on extremist activities

       ``(a) Prohibition.--An individual who engages in extremist 
     activities may not serve as a member of the armed forces.
       ``(b) Regulations.--The Secretary of Defense shall 
     prescribe regulations regarding the separation of a member of 
     the armed forces who engages in extremist activities.
       ``(c) Dissemination of Extremist Content.--The Secretary of 
     Defense may use extremist content knowingly shared, 
     disseminated, or otherwise made available online (including 
     on social media platforms and accounts) by an individual who 
     serves in an armed force as cause for involuntary separation 
     of such individual from an armed force.
       ``(d) Definitions.--In this section:
       ``(1) The term `extremist activities' has the meaning given 
     such term in section 1805 of this title.
       ``(2) The term `extremist content' means content that 
     expresses support for extremist activities (as that term is 
     defined in section 1805 of this title).''.
       (2) Clerical amendments.--
       (A) Part ii of subtitle a.--The table of chapters for part 
     II of subtitle A of title 10, United States Code, is amended 
     by inserting after the item relating to chapter 88 the 
     following new item:

                 ``Chapter 89--Countering Extremism''.

       (B) Chapter 39.--The table of sections at the beginning of 
     chapter 39 is amended by inserting after the item relating to 
     section 985 the following new item:

``986. Prohibition on extremist activities.''.
       (b) Coordination of Efforts With Inspector General.--
     Section 554(a)(3) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283) is amended by adding at the end the following new 
     subparagraph:
       ``(E) The Senior Official for Countering Extremism.''.
       (c) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations under chapter 89 of title 10, United 
     States Code (including definitions under section 1805 of such 
     title), as added by subsection (a).
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the day that the Secretary of Defense 
     prescribes regulations under subsection (c).
       (e) Progress Report.--Not later than 240 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives a report on the status of 
     the implementation of chapter 89 of title 10, United States 
     Code, as added by subsection (a)(1)(A), and the 
     implementation of section 986 of such title, as added by 
     subsection (a)(1)(B).
                                 ______
                                 
  SA 4729. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle E of title XII, add the following:

     SEC. 1253. ELIGIBILITY FOR FOREIGN MILITARY SALES AND EXPORT 
                   STATUS UNDER ARMS EXPORT CONTROL ACT.

       The Arms Export Control Act (22 U.S.C. 2751 et seq.) is 
     amended--
       (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 
     21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 
     36(c)(5), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting 
     ``India,'' before ``or New Zealand'' each place it appears;
       (2) in section 3(b)(2), by inserting ``the Government of 
     India,'' before ``or the Government of New Zealand''; and
       (3) in sections 21(h)(1)(A) and 21(h)(2), by inserting 
     ``India,'' before ``or Israel'' each place it appears.
                                 ______
                                 
  SA 4730. Mr. MENENDEZ (for himself and Mr. Risch) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

       DIVISION E--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Department of State 
     Authorization Act of 2021''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (1) Appropriate congressional committees.--The term `` 
     `appropriate congressional committees' '' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Department.--If not otherwise specified, the term `` 
     `Department' '' means the Department of State.
       (3) Secretary.--If not otherwise specified, the term `` 
     `Secretary' '' means the Secretary of State.

    TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE

     SEC. 5101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF 
                   STATE'S WORK.

       It is the sense of Congress that--
       (1) United States global engagement is key to a stable and 
     prosperous world;
       (2) United States leadership is indispensable in light of 
     the many complex and interconnected threats facing the United 
     States and the world;
       (3) diplomacy and development are critical tools of 
     national power, and full deployment of these tools is vital 
     to United States national security;
       (4) challenges such as the global refugee and migration 
     crises, terrorism, historic famine and food insecurity, and 
     fragile or repressive societies cannot be addressed without 
     sustained and robust United States diplomatic and development 
     leadership;
       (5) the United States Government must use all of the 
     instruments of national security and foreign policy at its 
     disposal to protect United States citizens, promote United 
     States interests and values, and support global stability and 
     prosperity;
       (6) United States security and prosperity depend on having 
     partners and allies that share our interests and values, and 
     these partnerships are nurtured and our shared interests and 
     values are promoted through United States diplomatic 
     engagement, security cooperation, economic statecraft, and 
     assistance that helps further economic development, good 
     governance, including the rule of law and democratic 
     institutions, and the development of shared responses to 
     natural and humanitarian disasters;
       (7) as the United States Government agencies primarily 
     charged with conducting diplomacy and development, the 
     Department

[[Page S8302]]

     and the United States Agency for International Development 
     (USAID) require sustained and robust funding to carry out 
     this important work, which is essential to our ability to 
     project United States leadership and values and to advance 
     United States interests around the world;
       (8) the work of the Department and USAID makes the United 
     States and the world safer and more prosperous by alleviating 
     global poverty and hunger, fighting HIV/AIDS and other 
     infectious diseases, strengthening alliances, expanding 
     educational opportunities for women and girls, promoting good 
     governance and democracy, supporting anti-corruption efforts, 
     driving economic development and trade, preventing armed 
     conflicts and humanitarian crises, and creating American jobs 
     and export opportunities;
       (9) the Department and USAID are vital national security 
     agencies, whose work is critical to the projection of United 
     States power and leadership worldwide, and without which 
     Americans would be less safe, United States economic power 
     would be diminished, and global stability and prosperity 
     would suffer;
       (10) investing in diplomacy and development before 
     conflicts break out saves American lives while also being 
     cost-effective; and
       (11) the contributions of personnel working at the 
     Department and USAID are extraordinarily valuable and allow 
     the United States to maintain its leadership around the 
     world.

     SEC. 5102. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS 
                   AND LAW ENFORCEMENT AFFAIRS.

       (a) In General.--Section 1(c) of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5); and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Assistant secretary for international narcotics and 
     law enforcement affairs.--
       ``(A) In general.--There is authorized to be in the 
     Department of State an Assistant Secretary for International 
     Narcotics and Law Enforcement Affairs, who shall be 
     responsible to the Secretary of State for all matters, 
     programs, and related activities pertaining to international 
     narcotics, anti-crime, and law enforcement affairs in the 
     conduct of foreign policy by the Department, including, as 
     appropriate, leading the coordination of programs carried out 
     by United States Government agencies abroad, and such other 
     related duties as the Secretary may from time to time 
     designate.
       ``(B) Areas of responsibility.--The Assistant Secretary for 
     International Narcotics and Law Enforcement Affairs shall 
     maintain continuous observation and coordination of all 
     matters pertaining to international narcotics, anti-crime, 
     and law enforcement affairs in the conduct of foreign policy, 
     including programs carried out by other United States 
     Government agencies when such programs pertain to the 
     following matters:
       ``(i) Combating international narcotics production and 
     trafficking.
       ``(ii) Strengthening foreign justice systems, including 
     judicial and prosecutorial capacity, appeals systems, law 
     enforcement agencies, prison systems, and the sharing of 
     recovered assets.
       ``(iii) Training and equipping foreign police, border 
     control, other government officials, and other civilian law 
     enforcement authorities for anti-crime purposes, including 
     ensuring that no foreign security unit or member of such unit 
     shall receive such assistance from the United States 
     Government absent appropriate vetting.
       ``(iv) Ensuring the inclusion of human rights and women's 
     participation issues in law enforcement programs, in 
     consultation with the Assistant Secretary for Democracy, 
     Human Rights, and Labor, and other senior officials in 
     regional and thematic bureaus and offices.
       ``(v) Combating, in conjunction with other relevant bureaus 
     of the Department of State and other United States Government 
     agencies, all forms of transnational organized crime, 
     including human trafficking, illicit trafficking in arms, 
     wildlife, and cultural property, migrant smuggling, 
     corruption, money laundering, the illicit smuggling of bulk 
     cash, the licit use of financial systems for malign purposes, 
     and other new and emerging forms of crime.
       ``(vi) Identifying and responding to global corruption, 
     including strengthening the capacity of foreign government 
     institutions responsible for addressing financial crimes and 
     engaging with multilateral organizations responsible for 
     monitoring and supporting foreign governments' anti-
     corruption efforts.
       ``(C) Additional duties.--In addition to the 
     responsibilities specified in subparagraph (B), the Assistant 
     Secretary for International Narcotics and Law Enforcement 
     Affairs shall also--
       ``(i) carry out timely and substantive consultation with 
     chiefs of mission and, as appropriate, the heads of other 
     United States Government agencies to ensure effective 
     coordination of all international narcotics and law 
     enforcement programs carried out overseas by the Department 
     and such other agencies;
       ``(ii) coordinate with the Office of National Drug Control 
     Policy to ensure lessons learned from other United States 
     Government agencies are available to the Bureau of 
     International Narcotics and Law Enforcement Affairs of the 
     Department;
       ``(iii) develop standard requirements for monitoring and 
     evaluation of Bureau programs, including metrics for success 
     that do not rely solely on the amounts of illegal drugs that 
     are produced or seized;
       ``(iv) in coordination with the Secretary of State, 
     annually certify in writing to the Committee on Foreign 
     Relations of the Senate that United States and the Committee 
     on Foreign Affairs of the House of Representatives 
     enforcement personnel posted abroad whose activities are 
     funded to any extent by the Bureau of International Narcotics 
     and Law Enforcement Affairs are complying with section 207 of 
     the Foreign Service Act of 1980 (22 U.S.C. 3927); and
       ``(v) carry out such other relevant duties as the Secretary 
     may assign.
       ``(D) Rule of construction.--Nothing in this paragraph may 
     be construed to limit or impair the authority or 
     responsibility of any other Federal agency with respect to 
     law enforcement, domestic security operations, or 
     intelligence activities as defined in Executive Order 
     12333.''.
       (b) Modification of Annual International Narcotics Control 
     Strategy Report.--Subsection (a) of section 489 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2291h) is amended 
     by inserting after paragraph (9) the following new paragraph:
       ``(10) A separate section that contains an identification 
     of all United States Government-supported units funded by the 
     Bureau of International Narcotics and Law Enforcement Affairs 
     and any Bureau-funded operations by such units in which 
     United States law enforcement personnel have been physically 
     present.''.

     SEC. 5103. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, 
                   REFUGEES, AND MIGRATION.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a) is amended--
       (1) by redesignating subsection (g) as subsection (j); and
       (2) by inserting after subsection (f) the following new 
     subsections:
       ``(g) Bureau of Consular Affairs.--There is in the 
     Department of State the Bureau of Consular Affairs, which 
     shall be headed by the Assistant Secretary of State for 
     Consular Affairs.
       ``(h) Bureau of Population, Refugees, and Migration.--There 
     is in the Department of State the Bureau of Population, 
     Refugees, and Migration, which shall be headed by the 
     Assistant Secretary of State for Population, Refugees, and 
     Migration.''.

     SEC. 5104. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.

       (a) Establishment.--There should be established in the 
     Department of State an Office of International Disability 
     Rights (referred to in this section as the ``Office'').
       (b) Duties.--The Office should--
       (1) seek to ensure that all United States foreign 
     operations are accessible to, and inclusive of, persons with 
     disabilities;
       (2) promote the human rights and full participation in 
     international development activities of all persons with 
     disabilities;
       (3) promote disability inclusive practices and the training 
     of Department of State staff on soliciting quality programs 
     that are fully inclusive of people with disabilities;
       (4) represent the United States in diplomatic and 
     multilateral fora on matters relevant to the rights of 
     persons with disabilities, and work to raise the profile of 
     disability across a broader range of organizations 
     contributing to international development efforts;
       (5) conduct regular consultation with civil society 
     organizations working to advance international disability 
     rights and empower persons with disabilities internationally;
       (6) consult with other relevant offices at the Department 
     that are responsible for drafting annual reports documenting 
     progress on human rights, including, wherever applicable, 
     references to instances of discrimination, prejudice, or 
     abuses of persons with disabilities;
       (7) advise the Bureau of Human Resources or its equivalent 
     within the Department regarding the hiring and recruitment 
     and overseas practices of civil service employees and Foreign 
     Service officers with disabilities and their family members 
     with chronic medical conditions or disabilities; and
       (8) carry out such other relevant duties as the Secretary 
     of State may assign.
       (c) Supervision.--The Office may be headed by--
       (1) a senior advisor to the appropriate Assistant Secretary 
     of State; or
       (2) an officer exercising significant authority who reports 
     to the President or Secretary of State, appointed by and with 
     the advice and consent of the Senate.
       (d) Consultation.--The Secretary of State should direct 
     Ambassadors at Large, Representatives, Special Envoys, and 
     coordinators working on human rights to consult with the 
     Office to promote the human rights and full participation in 
     international development activities of all persons with 
     disabilities.

     SEC. 5105. SPECIAL APPOINTMENT AUTHORITY.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a), as amended by section 5103 of this 
     Act, is further amended by inserting after subsection (h) the 
     following new subsection:
       ``(i) Special Appointments.--

[[Page S8303]]

       ``(1) Positions exercising significant authority.--The 
     President may, by and with the advice and consent of the 
     Senate, appoint an individual as a Special Envoy, Special 
     Representative, Special Coordinator, Special Negotiator, 
     Envoy, Representative, Coordinator, Special Advisor, or other 
     position performing a similar function, regardless of title, 
     at the Department of State exercising significant authority 
     pursuant to the laws of the United States. Except as provided 
     in paragraph (3) or in clause 3, section 2, article II of the 
     Constitution (relating to recess appointments), an individual 
     may not be designated as a Special Envoy, Special 
     Representative, Special Coordinator, Special Negotiator, 
     Envoy, Representative, Coordinator, Special Advisor, or other 
     position performing a similar function, regardless of title, 
     at the Department exercising significant authority pursuant 
     to the laws of the United States without the advice and 
     consent of the Senate.
       ``(2) Positions not exercising significant authority.--The 
     President or Secretary of State may appoint any Special 
     Envoy, Special Representative, Special Coordinator, Special 
     Negotiator, Special Envoy, Representative, Coordinator, 
     Special Advisor, or other position performing a similar 
     function, regardless of title, at the Department of State not 
     exercising significant authority pursuant to the laws of the 
     United States without the advice and consent of the Senate, 
     if the President or Secretary, not later than 15 days before 
     the appointment of a person to such a position, submits to 
     the appropriate congressional committees a notification that 
     includes the following:
       ``(A) A certification that the position does not require 
     the exercise of significant authority pursuant to the laws of 
     the United States.
       ``(B) A description of the duties and purpose of the 
     position.
       ``(C) The rationale for giving the specific title and 
     function to the position.
       ``(3) Limited exception for temporary appointments 
     exercising significant authority.--The President may maintain 
     or establish a position with the title of Special Envoy, 
     Special Representative, Special Coordinator, Special 
     Negotiator, Envoy, Representative, Coordinator, Special 
     Advisor, or other position performing a similar function, 
     regardless of title, at the Department of State exercising 
     significant authority pursuant to the laws of the United 
     States for not longer than 180 days if the Secretary of 
     State, not later than 15 days after the appointment of a 
     person to such a position, or 30 days after the date of the 
     enactment of this subsection, whichever is earlier, submits 
     to the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a notification that includes the following:
       ``(A) The necessity for conferring such title and function.
       ``(B) The dates during which such title and function will 
     be held.
       ``(C) The justification for not submitting the proposed 
     conferral of such title and function to the Senate as a 
     nomination for advice and consent to appointment.
       ``(D) All relevant information concerning any potential 
     conflict of interest which the proposed recipient of such 
     title and function may have with regard to the appointment.
       ``(4) Renewal of temporary appointment.--The President may 
     renew for one period not to exceed 180 days any position 
     maintained or established under paragraph (3) if the 
     President, not later than 15 days before issuing such 
     renewal, submits to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives a detailed justification on the necessity of 
     such extension, including the dates with respect to which 
     such title will continue to be held and the justification for 
     not submitting such title to the Senate as a nomination for 
     advice and consent.
       ``(5) Exemption.--Paragraphs (1) through (4) shall not 
     apply to a Special Envoy, Special Representative, Special 
     Coordinator, Special Negotiator, Envoy, Representative, 
     Coordinator, Special Advisor, or other person performing a 
     similar function, regardless of title, at the Department of 
     State if the position is expressly mandated by statute.
       ``(6) Effective date.--This subsection shall apply to 
     appointments made on or after January 3, 2023.''.

     SEC. 5106. REPEAL OF AUTHORITY FOR SPECIAL REPRESENTATIVE AND 
                   POLICY COORDINATOR FOR BURMA.

       Section 7 of the Tom Lantos Block Burmese Jade (Junta's 
     Anti-Democratic Efforts) Act of 2008 (Public Law 110-286; 50 
     U.S.C. 1701 note) relating to the establishment of a Special 
     Representative and Policy Coordinator for Burma) is hereby 
     repealed.

     SEC. 5107. ANTI-PIRACY INFORMATION SHARING.

       The Secretary is authorized to provide for the 
     participation by the United States in the Information Sharing 
     Centre located in Singapore, as established by the Regional 
     Cooperation Agreement on Combating Piracy and Armed Robbery 
     against Ships in Asia (ReCAAP).

     SEC. 5108. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL 
                   SECURITY.

       It is the sense of Congress that--
       (1) the Department is a crucial national security agency, 
     whose employees, both Foreign and Civil Service, require the 
     best possible training at every stage of their careers to 
     prepare them to promote and defend United States national 
     interests and the health and safety of United States citizens 
     abroad;
       (2) the Secretary should explore establishing a ``training 
     float'' requiring that a certain percentage of the Foreign 
     Service shall be in long-term training at any given time;
       (3) the Department's Foreign Service Institute should seek 
     to substantially increase its educational and training 
     offerings to Department personnel, including developing new 
     and innovative educational and training courses, methods, 
     programs, and opportunities; and
       (4) consistent with existing Department gift acceptance 
     authority and other applicable laws, the Department and 
     Foreign Service Institute may accept funds and other 
     resources from foundations, not-for-profit corporations, and 
     other appropriate sources to help the Department and the 
     Institute accomplish the goals specified in paragraph (3).

     SEC. 5109. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE 
                   OFFICERS.

       The Foreign Service Act of 1980 is amended--
       (1) in section 501 (22 U.S.C. 3981), by inserting ``If a 
     position designated under this section is unfilled for more 
     than 365 calendar days, such position may be filled, as 
     appropriate, on a temporary basis, in accordance with section 
     309.'' after ``Positions designated under this section are 
     excepted from the competitive service.''; and
       (2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)), 
     by inserting ``, or domestically, in a position working on 
     issues relating to a particular country or geographic area,'' 
     after ``geographic area''.

     SEC. 5110. REPORTING ON IMPLEMENTATION OF GAO 
                   RECOMMENDATIONS.

       (a) Initial Report.--Not later than 120 days after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the appropriate congressional committees a report that lists 
     all of the Government Accountability Office's recommendations 
     relating to the Department that have not been fully 
     implemented.
       (b) Comptroller General Report.--Not later than 30 days 
     after the Secretary submits the report under subsection (a), 
     the Comptroller General of the United States shall submit to 
     the appropriate congressional committees a report that 
     identifies any discrepancies between the list of 
     recommendations included in such report and the Government 
     Accountability Office's list of outstanding recommendations 
     for the Department.
       (c) Implementation Report.--
       (1) In general.--Not later than 120 days after the date of 
     the submission of the Comptroller General's report under 
     subsection (b), the Secretary shall submit to the appropriate 
     congressional committees a report that describes the 
     implementation status of each recommendation from the 
     Government Accountability Office included in the report 
     submitted under subsection (a).
       (2) Justification.--The report under paragraph (1) shall 
     include--
       (A) a detailed justification for each decision not to fully 
     implement a recommendation or to implement a recommendation 
     in a different manner than specified by the Government 
     Accountability Office;
       (B) a timeline for the full implementation of any 
     recommendation the Secretary has decided to adopt, but has 
     not yet fully implemented; and
       (C) an explanation for any discrepancies included in the 
     Comptroller General report submitted under subsection (b).
       (d) Form.--The information required in each report under 
     this section shall be submitted in unclassified form, to the 
     maximum extent practicable, but may be included in a 
     classified annex to the extent necessary.

     SEC. 5111. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN 
                   FOR COSTS INCURRED FROM THE ILLEGAL SEIZURE AND 
                   DETENTION OF U.S.-FLAG FISHING VESSELS BY 
                   FOREIGN GOVERNMENTS.

       (a) In General.--Subsection (e) of section 7 of the 
     Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is 
     amended to read as follows:
       ``(e) Amounts.--Payments may be made under this section 
     only to such extent and in such amounts as are provided in 
     advance in appropriation Acts.''.
       (b) Retroactive Applicability.--
       (1) Effective date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and apply as if the date specified in subsection (e) of 
     section 7 of the Fishermen's Protective Act of 1967, as in 
     effect on the day before the date of the enactment of this 
     Act, were the day after such date of enactment.
       (2) Agreements and payments.--The Secretary is authorized 
     to--
       (A) enter into agreements pursuant to section 7 of the 
     Fishermen's Protective Act of 1967 for any claims to which 
     such section would otherwise apply but for the date specified 
     in subsection (e) of such section, as in effect on the day 
     before the date of the enactment of this Act; and
       (B) make payments in accordance with agreements entered 
     into pursuant to such section if any such payments have not 
     been made as a result of the expiration of the date specified 
     in such section, as in effect on the day before the date of 
     the enactment of this Act.

     SEC. 5112. ART IN EMBASSIES.

       (a) In General.--No funds are authorized to be appropriated 
     for the purchase of any piece of art for the purposes of 
     installation or display in any embassy, consulate, or

[[Page S8304]]

     other foreign mission of the United States if the purchase 
     price of such piece of art is in excess of $50,000, unless 
     such purchase is subject to prior consultation with, and the 
     regular notification procedures of, the appropriate 
     congressional committees.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees and the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a report on the costs of the Art in Embassies Program for 
     each of fiscal years 2012, 2013, and 2014.
       (c) Sunset.--This section shall terminate on the date that 
     is 2 years after the date of the enactment of this Act.
       (d) Definition.--In this section, the term ``art'' includes 
     paintings, sculptures, photographs, industrial design, and 
     craft art.

     SEC. 5113. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.

       (a) Burma.--
       (1) In general.--Section 570 of Public Law 104-208 is 
     amended--
       (A) by amending subsection (c) to read as follows:
       ``(c) Multilateral Strategy.--The President shall develop, 
     in coordination with likeminded countries, a comprehensive, 
     multilateral strategy to--
       ``(1) assist Burma in addressing corrosive malign influence 
     of the People's Republic of China; and
       ``(2) support a return to democratic governance, and 
     support constitutional, economic, and security sector reforms 
     in Burma designed to--
       ``(A) advance democratic development and improve human 
     rights practices and the quality of life; and
       ``(B) promote genuine national reconciliation.''; and
       (B) in subsection (d)--
       (i) in the matter preceding paragraph (1), by striking 
     ``six months'' and inserting ``year'';
       (ii) by redesignating paragraph (3) as paragraph (7); and
       (iii) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) improvements in human rights practices;
       ``(4) progress toward broad-based and inclusive economic 
     growth; and
       ``(5) progress toward genuine national reconciliation.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the date of the enactment of this Act 
     and apply with respect to the first report required under 
     subsection (d) of section 570 of Public Law 104-208 that is 
     required after the date of the enactment of this Act.
       (b) Repeals.--The following provisions of law are hereby 
     repealed:
       (1) Subsection (b) of section 804 of Public Law 101-246.
       (2) Section 6 of Public Law 104-45.
       (3) Subsection (c) of section 702 of Public Law 96-465 (22 
     U.S.C. 4022).
       (4) Section 404 of the Arms Control and Disarmament Act (22 
     U.S.C. 2593b).
       (5) Section 5 of Public Law 94-304 (22 U.S.C. 3005).
       (6) Subsection (b) of section 502 of the International 
     Security and Development Cooperation Act of 1985 (22 U.S.C. 
     2349aa-7).
       (c) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State and 
     the Administrator of the United States Agency for 
     International Development shall submit to the appropriate 
     congressional committees a report that includes each of the 
     following:
       (1) A list of all reports described in subsection (d) 
     required to be submitted by their respective agency.
       (2) For each such report, a citation to the provision of 
     law under which the report is required to be submitted.
       (3) The reporting frequency of each such report.
       (4) The estimated cost of each report, to include personnel 
     time costs.
       (d) Covered Reports.--A report described in this subsection 
     is a recurring report that is required to be submitted to 
     Congress by the Department of State or the United States 
     Agency for International Development, or by any officer, 
     official, component, or element of each entity.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives and the Committees on Appropriations of the 
     Senate and the House of Representatives.

                     TITLE II--EMBASSY CONSTRUCTION

     SEC. 5201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.

       For ``Embassy Security, Construction, and Maintenance'', 
     there is authorized to be appropriated $1,975,449,000 for 
     fiscal year 2022.

     SEC. 5202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Department's Bureau of Overseas Building Operations (OBO) 
     or successor office should give appropriate consideration to 
     standardization in construction, in which each new United 
     States embassy and consulate starts with a standard design 
     and keeps customization to a minimum.
       (b) Consultation.--The Secretary shall carry out any new 
     United States embassy compound or new consulate compound 
     project that utilizes a non-standard design, including those 
     projects that are in the design or pre-design phase as of the 
     date of the enactment of this Act, only in consultation with 
     the appropriate congressional committees. The Secretary shall 
     provide the appropriate congressional committees, for each 
     such project, the following documentation:
       (1) A comparison of the estimated full lifecycle costs of 
     the project to the estimated full lifecycle costs of such 
     project if it were to use a standard design.
       (2) A comparison of the estimated completion date of such 
     project to the estimated completion date of such project if 
     it were to use a standard design.
       (3) A comparison of the security of the completed project 
     to the security of such completed project if it were to use a 
     standard design.
       (4) A justification for the Secretary's selection of a non-
     standard design over a standard design for such project.
       (5) A written explanation if any of the documentation 
     necessary to support the comparisons and justification, as 
     the case may be, described in paragraphs (1) through (4) 
     cannot be provided.
       (c) Sunset.--The consultation requirement under subsection 
     (b) shall expire on the date that is 4 years after the date 
     of the enactment of this Act.

     SEC. 5203. CAPITAL CONSTRUCTION TRANSPARENCY.

       Section 118 of the Department of State Authorities Act, 
     Fiscal Year 2017 (22 U.S.C. 304) is amended--
       (1) in the section heading , by striking ``annual report on 
     embassy construction costs'' and inserting ``biannual report 
     on overseas capital construction projects''; and
       (2) by striking subsections (a) and (b) and inserting the 
     following new subsections:
       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this subsection and every 180 days 
     thereafter until the date that is 4 years after such date of 
     enactment, the Secretary shall submit to the appropriate 
     congressional committees and the Committees on Appropriations 
     of the Senate and the House of Representatives a 
     comprehensive report regarding all ongoing overseas capital 
     construction projects and major embassy security upgrade 
     projects.
       ``(b) Contents.--Each report required under subsection (a) 
     shall include the following with respect to each ongoing 
     overseas capital construction project and major embassy 
     security upgrade project:
       ``(1) The initial cost estimate as specified in the 
     proposed allocation of capital construction and maintenance 
     funds required by the Committees on Appropriations for Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs.
       ``(2) The current cost estimate.
       ``(3) The value of each request for equitable adjustment 
     received by the Department to date.
       ``(4) The value of each certified claim received by the 
     Department to date.
       ``(5) The value of any usage of the project's contingency 
     fund to date and the value of the remainder of the project's 
     contingency fund.
       ``(6) An enumerated list of each request for adjustment and 
     certified claim that remains outstanding or unresolved.
       ``(7) An enumerated list of each request for equitable 
     adjustment and certified claim that has been fully 
     adjudicated or that the Department has settled, and the final 
     dollar amount of each adjudication or settlement.
       ``(8) The date of estimated completion specified in the 
     proposed allocation of capital construction and maintenance 
     funds required by the Committees on Appropriations not later 
     than 45 days after the date of the enactment of an Act making 
     appropriations for the Department of State, foreign 
     operations, and related programs.
       ``(9) The current date of estimated completion.''.

     SEC. 5204. CONTRACTOR PERFORMANCE INFORMATION.

       (a) Deadline for Completion.--The Secretary shall complete 
     all contractor performance evaluations outstanding as of the 
     date of the enactment of this Act required by subpart 42.15 
     of the Federal Acquisition Regulation for those contractors 
     engaged in construction of new embassy or new consulate 
     compounds by April 1, 2022.
       (b) Prioritization System.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall develop a 
     prioritization system for clearing the current backlog of 
     required evaluations referred to in subsection (a).
       (2) Elements.--The system required under paragraph (1) 
     should prioritize the evaluations as follows:
       (A) Project completion evaluations should be prioritized 
     over annual evaluations.
       (B) Evaluations for relatively large contracts should have 
     priority.
       (C) Evaluations that would be particularly informative for 
     the awarding of government contracts should have priority.
       (c) Briefing.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall brief the 
     appropriate congressional committees on the Department's plan 
     for completing all evaluations by April 1, 2022, in 
     accordance with subsection (a) and the prioritization system 
     developed pursuant to subsection (b).
       (d) Sense of Congress.--It is the sense of Congress that--
       (1) contractors deciding whether to bid on Department 
     contracts would benefit from

[[Page S8305]]

     greater understanding of the Department as a client; and
       (2) the Department should develop a forum where contractors 
     can comment on the Department's project management 
     performance.

     SEC. 5205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND 
                   CONSULATES.

       (a) In General.--For each new United States embassy 
     compound (NEC) and new consulate compound project (NCC) in or 
     not yet in the design phase as of the date of the enactment 
     of this Act, the Department shall project growth over the 
     estimated life of the facility using all available and 
     relevant data, including the following:
       (1) Relevant historical trends for Department personnel and 
     personnel from other agencies represented at the NEC or NCC 
     that is to be constructed.
       (2) An analysis of the tradeoffs between risk and the needs 
     of United States Government policy conducted as part of the 
     most recent Vital Presence Validation Process, if applicable.
       (3) Reasonable assumptions about the strategic importance 
     of the NEC or NCC, as the case may be, over the life of the 
     building at issue.
       (4) Any other data that would be helpful in projecting the 
     future growth of NEC or NCC.
       (b) Other Federal Agencies.--The head of each Federal 
     agency represented at a United States embassy or consulate 
     shall provide to the Secretary, upon request, growth 
     projections for the personnel of each such agency over the 
     estimated life of each embassy or consulate, as the case may 
     be.
       (c) Basis for Estimates.--The Department shall base its 
     growth assumption for all NECs and NCCs on the estimates 
     required under subsections (a) and (b).
       (d) Congressional Notification.--Any congressional 
     notification of site selection for a NEC or NCC submitted 
     after the date of the enactment of this Act shall include the 
     growth assumption used pursuant to subsection (c).

     SEC. 5206. LONG-RANGE PLANNING PROCESS.

       (a) Plans Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for the 
     next five years as the Secretary of State considers 
     appropriate, the Secretary shall develop--
       (A) a comprehensive 6-year plan documenting the 
     Department's overseas building program for the replacement of 
     overseas diplomatic posts taking into account security 
     factors under the Secure Embassy Construction and 
     Counterterrorism Act of 1999 and other relevant statutes and 
     regulations, as well as occupational safety and health 
     factors pursuant to the Occupational Safety and Health Act of 
     1970 and other relevant statutes and regulations, including 
     environmental factors such as indoor air quality that impact 
     employee health and safety; and
       (B) a comprehensive 6-year plan detailing the Department's 
     long-term planning for the maintenance and sustainment of 
     completed diplomatic posts, which takes into account security 
     factors under the Secure Embassy Construction and 
     Counterterrorism Act of 1999 and other relevant statutes and 
     regulations, as well as occupational safety and health 
     factors pursuant to the Occupational Safety and Health Act of 
     1970 and other relevant statutes and regulations, including 
     environmental factors such as indoor air quality that impact 
     employee health and safety.
       (2) Initial report.--The first plan developed pursuant to 
     paragraph (1)(A) shall also include a one-time status report 
     on existing small diplomatic posts and a strategy for 
     establishing a physical diplomatic presence in countries in 
     which there is no current physical diplomatic presence and 
     with which the United States maintains diplomatic relations. 
     Such report, which may include a classified annex, shall 
     include the following:
       (A) A description of the extent to which each small 
     diplomatic post furthers the national interest of the United 
     States.
       (B) A description of how each small diplomatic post 
     provides American Citizen Services, including data on 
     specific services provided and the number of Americans 
     receiving services over the previous year.
       (C) A description of whether each small diplomatic post 
     meets current security requirements.
       (D) A description of the full financial cost of maintaining 
     each small diplomatic post.
       (E) Input from the relevant chiefs of mission on any unique 
     operational or policy value the small diplomatic post 
     provides.
       (F) A recommendation of whether any small diplomatic posts 
     should be closed.
       (3) Updated information.--The annual updates of each of the 
     plans developed pursuant to paragraph (1) shall highlight any 
     changes from the previous year's plan to the ordering of 
     construction and maintenance projects.
       (b) Reporting Requirements.--
       (1) Submission of plans to congress.--Not later than 60 
     days after the completion of each plan required under 
     subsection (a), the Secretary shall submit the plans to the 
     appropriate congressional committees and the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.
       (2) Reference in budget justification materials.--In the 
     budget justification materials submitted to the appropriate 
     congressional committees in support of the Department's 
     budget for any fiscal year (as submitted with the budget of 
     the President under section 1105(a) of title 31, United 
     States Code), the plans required under subsection (a) shall 
     be referenced to justify funding requested for building and 
     maintenance projects overseas.
       (3) Form of report.--Each report required under paragraph 
     (1) shall be submitted in unclassified form but may include a 
     classified annex.
       (c) Small Diplomatic Post Defined.--In this section, the 
     term ``small diplomatic post'' means any United States 
     embassy or consulate that has employed five or fewer United 
     States Government employees or contractors on average over 
     the 36 months prior to the date of the enactment of this Act.

     SEC. 5207. VALUE ENGINEERING AND RISK ASSESSMENT.

       (a) Findings.--Congress makes the following findings:
       (1) Federal departments and agencies are required to use 
     value engineering (VE) as a management tool, where 
     appropriate, to reduce program and acquisition costs pursuant 
     to OMB Circular A-131, Value Engineering, dated December 31, 
     2013.
       (2) OBO has a Policy Directive and Standard Operation 
     Procedure, dated May 24, 2017, on conducting risk management 
     studies on all international construction projects.
       (b) Notification Requirements.--
       (1) Submission to authorizing committees.--Any operating 
     plan that includes the allocation of capital construction and 
     maintenance funds shall be submitted to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives.
       (2) Requirement to confirm completion of value engineering 
     and risk assessment studies.--The notifications required 
     under paragraph (1) shall include confirmation that the 
     Department has completed the requisite VE and risk management 
     process described in subsection (a), or applicable successor 
     process.
       (c) Reporting and Briefing Requirements.--The Secretary 
     shall provide to the appropriate congressional committees 
     upon request--
       (1) a description of each risk management study referred to 
     in subsection (a)(2) and a table detailing which 
     recommendations related to each such study were accepted and 
     which were rejected; and
       (2) a report or briefing detailing the rationale for not 
     implementing any such recommendations that may otherwise 
     yield significant cost savings to the Department if 
     implemented.

     SEC. 5208. BUSINESS VOLUME.

       Section 402(c)(2)(E) of the Omnibus Diplomatic Security and 
     Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is 
     amended by striking ``in 3 years'' and inserting 
     ``cumulatively over 3 years''.

     SEC. 5209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.

       The Secretary of State shall provide to the appropriate 
     congressional committees, the Committee on Armed Services of 
     the House of Representatives, and the Committee on Armed 
     Services of the Senate upon request information on physical 
     security deficiencies at United States diplomatic posts, 
     including relating to the following:
       (1) Requests made over the previous year by United States 
     diplomatic posts for security upgrades.
       (2) Significant security deficiencies at United States 
     diplomatic posts that are not operating out of a new embassy 
     compound or new consulate compound.

     SEC. 5210. OVERSEAS SECURITY BRIEFINGS.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of State shall revise the Foreign 
     Affairs Manual to stipulate that information on the current 
     threat environment shall be provided to all United States 
     Government employees under chief of mission authority 
     traveling to a foreign country on official business. To the 
     extent practicable, such material shall be provided to such 
     employees prior to their arrival at a United States 
     diplomatic post or as soon as possible thereafter.

     SEC. 5211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.

       (a) Delivery.--Unless the Secretary of State notifies the 
     appropriate congressional committees that the use of the 
     design-build project delivery method would not be 
     appropriate, the Secretary shall make use of such method at 
     United States diplomatic posts that have not yet received 
     design or capital construction contracts as of the date of 
     the enactment of this Act.
       (b) Notification.--Before executing a contract for a 
     delivery method other than design-build in accordance with 
     subsection (a), the Secretary of State shall notify the 
     appropriate congressional committees in writing of the 
     decision, including the reasons therefor. The notification 
     required by this subsection may be included in any other 
     report regarding a new United States diplomatic post that is 
     required to be submitted to the appropriate congressional 
     committees.
       (c) Performance Evaluation.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of State 
     shall report to the appropriate congressional committees 
     regarding performance evaluation measures in accordance with 
     GAO's ``Standards for Internal Control in the Federal 
     Government'' that will be applicable to design and 
     construction, lifecycle cost, and building maintenance 
     programs of the Bureau of Overseas Building Operations of the 
     Department.

     SEC. 5212. COMPETITION IN EMBASSY CONSTRUCTION.

       Not later than 45 days after the date of the enactment of 
     this Act, the Secretary of

[[Page S8306]]

     State shall submit to the appropriate congressional committee 
     and the Committees on Appropriations of the Senate and the 
     House of Representatives a report detailing steps the 
     Department of State is taking to expand the embassy 
     construction contractor base in order to increase competition 
     and maximize value.

     SEC. 5213. STATEMENT OF POLICY.

       It is the policy of the United States that the Bureau of 
     Overseas Building Operations of the Department or its 
     successor office shall continue to balance functionality and 
     security with accessibility, as defined by guidelines 
     established by the United States Access Board in constructing 
     embassies and consulates, and shall ensure compliance with 
     the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et 
     seq.) to the fullest extent possible.

     SEC. 5214. DEFINITIONS.

       In this title:
       (1) Design-build.--The term ``design-build'' means a method 
     of project delivery in which one entity works under a single 
     contract with the Department to provide design and 
     construction services.
       (2) Non-standard design.--The term ``non-standard design'' 
     means a design for a new embassy compound project or new 
     consulate compound project that does not utilize a 
     standardized design for the structural, spatial, or security 
     requirements of such embassy compound or consulate compound, 
     as the case may be.

                      TITLE III--PERSONNEL ISSUES

     SEC. 5301. DEFENSE BASE ACT INSURANCE WAIVERS.

       (a) Application for Waivers.--Not later than 30 days after 
     the date of the enactment of this Act, the Secretary shall 
     apply to the Department of Labor for a waiver from insurance 
     requirements under the Defense Base Act (42 U.S.C. 1651 et 
     seq.) for all countries with respect to which the requirement 
     was waived prior to January 2017, and for which there is not 
     currently a waiver.
       (b) Certification Requirement.--Not later than 45 days 
     after the date of the enactment of this Act, the Secretary 
     shall certify to the appropriate congressional committees 
     that the requirement in subsection (a) has been met.

     SEC. 5302. STUDY ON FOREIGN SERVICE ALLOWANCES.

       (a) Report Required.--
       (1) In general.--Not later than one year after date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a report detailing an 
     empirical analysis on the effect of overseas allowances on 
     the foreign assignment of Foreign Service officers (FSOs), to 
     be conducted by a federally-funded research and development 
     center with appropriate expertise in labor economics and 
     military compensation.
       (2) Contents.--The analysis required under paragraph (1) 
     shall--
       (A) identify all allowances paid to FSOs assigned 
     permanently or on temporary duty to foreign areas;
       (B) examine the efficiency of the Foreign Service bidding 
     system in determining foreign assignments;
       (C) examine the factors that incentivize FSOs to bid on 
     particular assignments, including danger levels and hardship 
     conditions;
       (D) examine the Department's strategy and process for 
     incentivizing FSOs to bid on assignments that are 
     historically in lower demand, including with monetary 
     compensation, and whether monetary compensation is necessary 
     for assignments in higher demand;
       (E) make any relevant comparisons to military compensation 
     and allowances, noting which allowances are shared or based 
     on the same regulations;
       (F) recommend options for restructuring allowances to 
     improve the efficiency of the assignments system and better 
     align FSO incentives with the needs of the Foreign Service, 
     including any cost savings associated with such 
     restructuring;
       (G) recommend any statutory changes necessary to implement 
     subparagraph (F), such as consolidating existing legal 
     authorities for the provision of hardship and danger pay; and
       (H) detail any effects of recommendations made pursuant to 
     subparagraphs (F) and (G) on other United States Government 
     departments and agencies with civilian employees permanently 
     assigned or on temporary duty in foreign areas, following 
     consultation with such departments and agencies.
       (b) Briefing Requirement.--Before initiating the analysis 
     required under subsection (a)(1), and not later than 60 days 
     after the date of the enactment of this Act, the Secretary 
     shall provide to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs in the House of 
     Representatives a briefing on the implementation of this 
     section that includes the following:
       (1) The name of the federally funded research and 
     development center that will conduct such analysis.
       (2) The scope of such analysis and terms of reference for 
     such analysis as specified between the Department and such 
     federally funded research and development center.
       (c) Availability of Information.--
       (1) In general.--The Secretary shall make available to the 
     federally-funded research and development center carrying out 
     the analysis required under subsection (a)(1) all necessary 
     and relevant information to allow such center to conduct such 
     analysis in a quantitative and analytical manner, including 
     historical data on the number of bids for each foreign 
     assignment and any survey data collected by the Department 
     from eligible bidders on their bid decision-making.
       (2) Cooperation.--The Secretary shall work with the heads 
     of other relevant United States Government departments and 
     agencies to ensure such departments and agencies provide all 
     necessary and relevant information to the federally-funded 
     research and development center carrying out the analysis 
     required under subsection (a)(1).
       (d) Interim Report to Congress.--The Secretary shall 
     require that the chief executive officer of the federally-
     funded research and development center that carries out the 
     analysis required under subsection (a)(1) submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     an interim report on such analysis not later than 180 days 
     after the date of the enactment of this Act.

     SEC. 5303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.

       Section 504 of the Foreign Relations Authorization Act, 
     Fiscal Year 1979 (22 U.S.C. 2656d) is amended by adding at 
     the end the following new subsection:
       ``(e) Grants and Cooperative Agreements Related to Science 
     and Technology Fellowship Programs.--
       ``(1) In general.--The Secretary is authorized to make 
     grants or enter into cooperative agreements related to 
     Department of State science and technology fellowship 
     programs, including for assistance in recruiting fellows and 
     the payment of stipends, travel, and other appropriate 
     expenses to fellows.
       ``(2) Exclusion from consideration as compensation.--
     Stipends under paragraph (1) shall not be considered 
     compensation for purposes of section 209 of title 18, United 
     States Code.
       ``(3) Maximum annual amount.--The total amount of grants 
     made pursuant to this subsection may not exceed $500,000 in 
     any fiscal year.''.

     SEC. 5304. TRAVEL FOR SEPARATED FAMILIES.

       Section 901(15) of the Foreign Service Act of 1980 (22 
     U.S.C. 4081(15)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``1 round-trip per year for each child below age 21 of a 
     member of the Service assigned abroad'' and inserting ``in 
     the case of one or more children below age 21 of a member of 
     the Service assigned abroad, 1 round-trip per year'';
       (2) in subparagraph (A)--
       (A) by inserting ``for each child'' before ``to visit the 
     member abroad''; and
       (B) by striking ``; or'' and inserting a comma;
       (3) in subparagraph (B)--
       (A) by inserting ``for each child'' before ``to visit the 
     other parent''; and
       (B) by inserting ``or'' after ``resides,'';
       (4) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) for one of the child's parents to visit the child or 
     children abroad if the child or children do not regularly 
     reside with that parent and that parent is not receiving an 
     education allowance or educational travel allowance for the 
     child or children under section 5924(4) of title 5, United 
     States Code,''; and
       (5) in the matter following subparagraph (C), as added by 
     paragraph (4) of this section, by striking ``a payment'' and 
     inserting ``the cost of round-trip travel''.

     SEC. 5305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.

       Section 903(b) of the Foreign Service Act of 1980 (22 
     U.S.C. 4083(b)) is amended by adding at the end the following 
     new sentence: ``In cases in which a member of the Service has 
     official orders to an unaccompanied post and in which the 
     family members of the member reside apart from the member at 
     authorized locations outside the United States, the member 
     may take the leave ordered under this section where that 
     member's family members reside, notwithstanding section 6305 
     of title 5, United States Code.''.

     SEC. 5306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP 
                   PROGRAMS.

       It is the sense of Congress that Department fellowships 
     that promote the employment of candidates belonging to under-
     represented groups, including the Charles B. Rangel 
     International Affairs Graduate Fellowship Program, the Thomas 
     R. Pickering Foreign Affairs Fellowship Program, and the 
     Donald M. Payne International Development Fellowship Program, 
     represent smart investments vital for building a strong, 
     capable, and representative national security workforce.

     SEC. 5307. TECHNICAL CORRECTION.

       Subparagraph (A) of section 601(c)(6) of the Foreign 
     Service Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the 
     matter preceding clause (i), by--
       (1) striking ``promotion'' and inserting ``promotion, on or 
     after January 1, 2017,''; and
       (2) striking ``individual joining the Service on or after 
     January 1, 2017,'' and inserting ``Foreign Service officer, 
     appointed under section 302(a)(1), who has general 
     responsibility for carrying out the functions of the 
     Service''.

     SEC. 5308. FOREIGN SERVICE AWARDS.

       (a) In General.--Section 614 of the Foreign Service Act of 
     1980 (22 U.S.C. 4013) is amended--
       (1) by amending the section heading to read as follows: 
     ``department awards''; and
       (2) in the first sentence, by inserting ``or Civil 
     Service'' after ``the Service''.

[[Page S8307]]

       (b) Conforming Amendment.--The item relating to section 614 
     in the table of contents of the Foreign Service Act of 1980 
     is amended to read as follows:

``Sec. 614. Department awards.''.

     SEC. 5309. DIPLOMATIC PROGRAMS.

       (a) Sense of Congress on Workforce Recruitment.--It is the 
     sense of Congress that the Secretary should continue to hold 
     entry-level classes for Foreign Service officers and 
     specialists and continue to recruit civil servants through 
     programs such as the Presidential Management Fellows Program 
     and Pathways Internship Programs in a manner and at a 
     frequency consistent with prior years and consistent with the 
     need to maintain a pool of experienced personnel effectively 
     distributed across skill codes and ranks. It is further the 
     sense of Congress that absent continuous recruitment and 
     training of Foreign Service officers and civil servants, the 
     Department will lack experienced, qualified personnel in the 
     short, medium, and long terms.
       (b) Limitation.--The Secretary should not implement any 
     reduction-in-force action under section 3502 or 3595 of title 
     5, United States Code, or for any incentive payments for 
     early separation or retirement under any other provision of 
     law unless--
       (1) the appropriate congressional committees are notified 
     not less than 15 days in advance of such obligation or 
     expenditure; and
       (2) the Secretary has provided to the appropriate 
     congressional committees a detailed report that describes the 
     Department's strategic staffing goals, including--
       (A) a justification that describes how any proposed 
     workforce reduction enhances the effectiveness of the 
     Department;
       (B) a certification that such workforce reduction is in the 
     national interest of the United States;
       (C) a comprehensive strategic staffing plan for the 
     Department, including 5-year workforce forecasting and a 
     description of the anticipated impact of any proposed 
     workforce reduction; and
       (D) a dataset displaying comprehensive workforce data for 
     all current and planned employees of the Department, 
     disaggregated by--
       (i) Foreign Service officer and Foreign Service specialist 
     rank;
       (ii) civil service job skill code, grade level, and bureau 
     of assignment;
       (iii) contracted employees, including the equivalent job 
     skill code and bureau of assignment; and
       (iv) employees hired under schedule C of subpart C of part 
     213 of title 5, Code of Federal Regulations, including their 
     equivalent grade and job skill code and bureau of assignment.

     SEC. 5310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT 
                   THE DEPARTMENT OF STATE.

       It is the sense of Congress that--
       (1) the Department should continue to promote the 
     employment of veterans, in accordance with section 301 of the 
     Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by 
     section 5406 of this Act, including those veterans belonging 
     to traditionally underrepresented groups at the Department;
       (2) veterans employed by the Department have made 
     significant contributions to United States foreign policy in 
     a variety of regional and global affairs bureaus and 
     diplomatic posts overseas; and
       (3) the Department should continue to encourage veteran 
     employment and facilitate their participation in the 
     workforce.

     SEC. 5311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Department should expand the appeal process it makes 
     available to employees related to assignment preclusions and 
     restrictions.
       (b) Appeal of Assignment Restriction or Preclusion.--
     Subsection (a) of section 414 of the Department of State 
     Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is 
     amended by adding at the end the following new sentences: 
     ``Such right and process shall ensure that any employee 
     subjected to an assignment restriction or preclusion shall 
     have the same appeal rights as provided by the Department 
     regarding denial or revocation of a security clearance. Any 
     such appeal shall be resolved not later than 60 days after 
     such appeal is filed.''.
       (c) Notice and Certification.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary shall 
     revise, and certify to the Committee on Foreign Relations of 
     the Senate and the Committee on Foreign Affairs of the House 
     of Representatives regarding such revision, the Foreign 
     Affairs Manual guidance regarding denial or revocation of a 
     security clearance to expressly state that all review and 
     appeal rights relating thereto shall also apply to any 
     recommendation or decision to impose an assignment 
     restriction or preclusion to an employee.

     SEC. 5312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) career Department employees provide invaluable service 
     to the United States as nonpartisan professionals who 
     contribute subject matter expertise and professional skills 
     to the successful development and execution of United States 
     foreign policy; and
       (2) reemployment of skilled former members of the Foreign 
     and civil service who have voluntarily separated from the 
     Foreign or civil service due to family reasons or to obtain 
     professional skills outside government is of benefit to the 
     Department.
       (b) Notice of Employment Opportunities.--Title 5, United 
     States Code, is amended by inserting after chapter 102 the 
     following new chapter:

                   ``CHAPTER 103--DEPARTMENT OF STATE

``Sec.
``10301. Notice of employment opportunities for Department of State and 
              USAID positions.
``10302. Consulting services for the Department of State.

     ``Sec. 10301. Notice of employment opportunities for 
       Department of State and USAID positions

       ``To ensure that individuals who have separated from the 
     Department of State or the United States Agency for 
     International Development and who are eligible for 
     reappointment are aware of such opportunities, the Department 
     of State and the United States Agency for International 
     Development shall publicize notice of all employment 
     opportunities, including positions for which the relevant 
     agency is accepting applications from individuals within the 
     agency's workforce under merit promotion procedures, on 
     publicly accessible sites, including www.usajobs.gov. If 
     using merit promotion procedures, the notice shall expressly 
     state that former employees eligible for reinstatement may 
     apply.''.
       (c) Clerical Amendment.--The table of chapters at the 
     beginning of title 5, United States Code, is amended by 
     inserting after the item relating to chapter 102 the 
     following:

``103. Department of State................................10301.''.....

     SEC. 5313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF 
                   STATE.

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees and the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a comprehensive 5-year strategic staffing plan for the 
     Department that is aligned with and furthers the objectives 
     of the National Security Strategy of the United States of 
     America issued in December 2017, or any subsequent strategy 
     issued not later than 18 months after the date of the 
     enactment of this Act, which shall include the following:
       (1) A dataset displaying comprehensive workforce data, 
     including all shortages in bureaus described in GAO report 
     GAO-19-220, for all current and planned employees of the 
     Department, disaggregated by--
       (A) Foreign Service officer and Foreign Service specialist 
     rank;
       (B) civil service job skill code, grade level, and bureau 
     of assignment;
       (C) contracted employees, including the equivalent job 
     skill code and bureau of assignment; and
       (D) employees hired under schedule C of subpart C of part 
     213 of title 5, Code of Federal Regulations, including the 
     equivalent grade and job skill code and bureau of assignment 
     of such employee.
       (2) Recommendations on the number of Foreign Service 
     officers disaggregated by service cone that should be posted 
     at each United States diplomatic post and in the District of 
     Columbia, with a detailed basis for such recommendations.
       (3) Recommendations on the number of civil service officers 
     that should be employed by the Department, with a detailed 
     basis for such recommendations.
       (b) Maintenance.--The dataset required under subsection 
     (a)(1) shall be maintained and updated on a regular basis.
       (c) Consultation.--The Secretary shall lead the development 
     of the plan required under subsection (a) but may consult or 
     partner with private sector entities with expertise in labor 
     economics, management, or human resources, as well as 
     organizations familiar with the demands and needs of the 
     Department's workforce.
       (d) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report regarding 
     root causes of Foreign Service and civil service shortages, 
     the effect of such shortages on national security objectives, 
     and the Department's plan to implement recommendations 
     described in GAO-19-220.

     SEC. 5314. CONSULTING SERVICES.

       Chapter 103 of title 5, United States Code, as added by 
     section 5312, is amended by adding at the end the following:

     ``Sec. 10302. Consulting services for the Department of State

       ``Any consulting service obtained by the Department of 
     State through procurement contract pursuant to section 3109 
     of title 5, United States Code, shall be limited to those 
     contracts with respect to which expenditures are a matter of 
     public record and available for public inspection, except if 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.''.

     SEC. 5315. INCENTIVES FOR CRITICAL POSTS.

       Section 1115(d) of the Supplemental Appropriations Act, 
     2009 (Public Law 111-32) is amended by striking the last 
     sentence.

     SEC. 5316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY 
                   REVIEW BOARDS.

       Section 301(a)(3) of the Omnibus Diplomatic Security and 
     Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
       (1) in the heading, by striking ``afghanistan and'' and 
     inserting ``afghanistan, yemen, syria, and''; and

[[Page S8308]]

       (2) in subparagraph (A)--
       (A) in clause (i), by striking ``Afghanistan or'' and 
     inserting ``Afghanistan, Yemen, Syria, or''; and
       (B) in clause (ii), by striking ``beginning on October 1, 
     2005, and ending on September 30, 2009'' and inserting 
     ``beginning on October 1, 2020, and ending on September 30, 
     2022''.

     SEC. 5317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.

       Subsection (c) of section 610 of the Foreign Service Act of 
     1980 (22 U.S.C. 4010) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``suspend'' and inserting ``indefinitely 
     suspend without duties'';
       (2) by redesignating paragraph (5) as paragraph (7);
       (3) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) Any member of the Service suspended from duties under 
     this subsection may be suspended without pay only after a 
     final written decision is provided to such member under 
     paragraph (2).
       ``(6) If no final written decision under paragraph (2) has 
     been provided within 1 calendar year of the date the 
     suspension at issue was proposed, not later than 30 days 
     thereafter the Secretary of State shall report to the 
     Committee on Foreign Affairs of the House of Representatives 
     and the Committee on Foreign Relations of the Senate in 
     writing regarding the specific reasons for such delay.''; and
       (4) in paragraph (7), as so redesignated--
       (A) by striking ``(7) In this subsection:'';
       (B) in subparagraph (A), by striking ``(A) The term'' and 
     inserting the following:
       ``(7) In this subsection, the term'';
       (C) by striking subparagraph (B) (relating to the 
     definition of ``suspend'' and ``suspension''); and
       (D) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively; and moving such subparagraphs 2 
     ems to the left.

     SEC. 5318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS 
                   HANDBOOK CHANGES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter for 
     5 years, the Secretary shall submit to the appropriate 
     congressional committees a report detailing all changes made 
     to the Foreign Affairs Manual or the Foreign Affairs 
     Handbook.
       (b) Covered Periods.--The first report required under 
     subsection (a) shall cover the 5-year period preceding the 
     submission of such report. Each subsequent report shall cover 
     the 180-day period preceding submission.
       (c) Contents.--Each report required under subsection (a) 
     shall contain the following:
       (1) The location within the Foreign Affairs Manual or the 
     Foreign Affairs Handbook where a change has been made.
       (2) The statutory basis for each such change.
       (3) A side-by-side comparison of the Foreign Affairs Manual 
     or Foreign Affairs Handbook before and after such change.
       (4) A summary of such changes displayed in spreadsheet 
     form.

     SEC. 5319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL 
                   REQUIREMENTS OF CERTAIN POSITIONS.

       The Secretary of State may waive any or all of the 
     individual occupational requirements with respect to an 
     employee or prospective employee of the Department of State 
     for a civilian position categorized under the GS-0130 
     occupational series if the Secretary determines that the 
     individual possesses significant scientific, technological, 
     engineering, or mathematical expertise that is integral to 
     performing the duties of the applicable position, based on 
     demonstrated job performance and qualifying experience. With 
     respect to each waiver granted under this subsection, the 
     Secretary shall set forth in a written document that is 
     transmitted to the Director of the Office of Personnel 
     Management the rationale for the decision of the Secretary to 
     waive such requirements.

     SEC. 5320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT 
                   CENTER.

       The Secretary may appoint, for a 3-year period that may be 
     extended for up to an additional 2 years, solely to carry out 
     the functions of the Global Engagement Center, employees of 
     the Department without regard to the provisions of title 5, 
     United States Code, governing appointment in the competitive 
     service, and may fix the basic compensation of such employees 
     without regard to chapter 51 and subchapter III of chapter 53 
     of such title.

     SEC. 5321. EDUCATION ALLOWANCES DUE TO CORONAVIRUS.

       (a) In General.--The authority under section 5924 of title 
     5, United States Code, may be exercised by the Secretary of 
     State and the heads of other Federal agencies for education 
     allowances to employees who are in the United States with 
     assignment orders to a foreign area and for whom service 
     abroad has been interrupted or delayed because of the 
     coronavirus pandemic without regard to the foreign area 
     limitations referenced therein.
       (b) Termination.--The authority under subsection shall 
     expire on September 30, 2022.

     SEC. 5322. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY 
                   INSPECTORS GENERAL TO SUPPORT THE LEAD IG 
                   MISSION.

       Subparagraph (A) of section 8L(d)(5)(A) of the Inspector 
     General Act of 1978 (5 U.S.C. App.) is amended by striking 
     ``a lead Inspector General for'' and inserting ``any of the 
     Inspectors General specified in subsection (c) for oversight 
     of''.

     SEC. 5323. REPORT RELATING TO FOREIGN SERVICE OFFICER 
                   TRAINING AND DEVELOPMENT.

       (a) In General.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate committees of Congress a report 
     certain fellowship or detail opportunities for Department of 
     State Foreign Service personnel.
       (b) Elements.--The report required by subsection (a) shall 
     include the following elements:
       (1) The number of Senior Foreign Service Officer 
     generalists who, as of the date of the enactment of this Act, 
     have done a tour of at least one year in any of the agencies 
     or congressional committees described in subsection (a).
       (2) The total number of senior Foreign Service Officer 
     generalists as of the date of the enactment of this Act.
       (3) The average number of Senior Foreign Service Officer 
     generalists inducted annually during the 10 years preceding 
     the date of the enactment of this Act.
       (4) The total number of Department advisors stationed in 
     any of the agencies or congressional offices described in 
     subsection (a), including the agencies or offices in which 
     such advisors serve.
       (5) The total number of advisors from other United States 
     Government agencies stationed in the Department of State 
     (excluding defense attaches, senior defense officials, and 
     other Department of Defense personnel stationed in United 
     States missions abroad), the home agency of the advisor, and 
     the offices in which such advisors serve.

  TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION

     SEC. 5401. DEFINITIONS.

       In this title:
       (1) Applicant flow data.--The term ``applicant flow data'' 
     means data that tracks the rate of applications for job 
     positions among demographic categories.
       (2) Demographic data.--The term ``demographic data'' means 
     facts or statistics relating to the demographic categories 
     specified in the Office of Management and Budget statistical 
     policy directive entitled ``Standards for Maintaining, 
     Collecting, and Presenting Federal Data on Race and 
     Ethnicity'' (81 Fed. Reg. 67398).
       (3) Diversity.--The term ``diversity'' means those classes 
     of persons protected under the Civil Rights Act of 1964 (42 
     U.S.C. 2000a et seq.) and the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12101 et seq.).
       (4) Workforce.--The term ``workforce'' means--
       (A) individuals serving in a position in the civil service 
     (as defined in section 2101 of title 5, United States Code);
       (B) individuals who are members of the Foreign Service (as 
     defined in section 103 of the Foreign Service Act of 1980 (22 
     U.S.C. 3902));
       (C) all individuals serving under a personal services 
     contract;
       (D) all individuals serving under a Foreign Service Limited 
     appointment under section 309 of the Foreign Service Act of 
     1980; or
       (E) individuals other than Locally Employed Staff working 
     in the Department of State under any other authority.

     SEC. 5402. EXIT INTERVIEWS FOR WORKFORCE.

       (a) Retained Members.--The Director General of the Foreign 
     Service and the Director of the Bureau of Human Resources or 
     its equivalent shall conduct periodic interviews with a 
     representative and diverse cross-section of the workforce of 
     the Department--
       (1) to understand the reasons of individuals in such 
     workforce for remaining in a position in the Department; and
       (2) to receive feedback on workplace policies, professional 
     development opportunities, and other issues affecting the 
     decision of individuals in the workforce to remain in the 
     Department.
       (b) Departing Members.--The Director General of the Foreign 
     Service and the Director of the Bureau of Human Resources or 
     its equivalent shall provide an opportunity for an exit 
     interview to each individual in the workforce of the 
     Department who separates from service with the Department to 
     better understand the reasons of such individual for leaving 
     such service.
       (c) Use of Analysis From Interviews.--The Director General 
     of the Foreign Service and the Director of the Bureau of 
     Human Resources or its equivalent shall analyze demographic 
     data and other information obtained through interviews under 
     subsections (a) and (b) to determine to what extent, if any, 
     the diversity of those participating in such interviews 
     impacts the results.
       (d) Tracking Data.--The Department shall--
       (1) track demographic data relating to participants in 
     professional development programs and the rate of placement 
     into senior positions for participants in such programs;
       (2) annually evaluate such data--
       (A) to identify ways to improve outreach and recruitment 
     for such programs, consistent with merit system principles; 
     and
       (B) to understand the extent to which participation in any 
     professional development program offered or sponsored by the 
     Department differs among the demographic categories of the 
     workforce; and

[[Page S8309]]

       (3) actively encourage participation from a range of 
     demographic categories, especially from categories with 
     consistently low participation, in such professional 
     development programs.

     SEC. 5403. RECRUITMENT AND RETENTION.

       (a) In General.--The Secretary shall--
       (1) continue to seek a diverse and talented pool of 
     applicants; and
       (2) instruct the Director General of the Foreign Service 
     and the Director of the Bureau of Human Resources of the 
     Department to have a recruitment plan of action for the 
     recruitment of people belonging to traditionally under-
     represented groups, which should include outreach at 
     appropriate colleges, universities, affinity groups, and 
     professional associations.
       (b) Scope.--The diversity recruitment initiatives described 
     in subsection (a) shall include--
       (1) recruiting at women's colleges, historically Black 
     colleges and universities, minority-serving institutions, and 
     other institutions serving a significant percentage of 
     minority students;
       (2) placing job advertisements in newspapers, magazines, 
     and job sites oriented toward diverse groups;
       (3) sponsoring and recruiting at job fairs in urban and 
     rural communities and land-grant colleges or universities;
       (4) providing opportunities through highly respected, 
     international leadership programs, that focus on diversity 
     recruitment and retention;
       (5) expanding the use of paid internships; and
       (6) cultivating partnerships with organizations dedicated 
     to the advancement of the profession of international affairs 
     and national security to advance shared diversity goals.
       (c) Expand Training on Anti-Harassment and Anti-
     Discrimination.--
       (1) In general.--The Secretary shall, through the Foreign 
     Service Institute and other educational and training 
     opportunities--
       (A) ensure the provision to all individuals in the 
     workforce of training on anti-harassment and anti-
     discrimination information and policies, including in 
     existing Foreign Service Institute courses or modules 
     prioritized in the Department's Diversity and Inclusion 
     Strategic Plan for 2016-2020 to promote diversity in Bureau 
     awards or mitigate unconscious bias;
       (B) expand the provision of training on workplace rights 
     and responsibilities to focus on anti-harassment and anti-
     discrimination information and policies, including policies 
     relating to sexual assault prevention and response; and
       (C) make such expanded training mandatory for--
       (i) individuals in senior and supervisory positions;
       (ii) individuals having responsibilities related to 
     recruitment, retention, or promotion of employees; and
       (iii) any other individual determined by the Department who 
     needs such training based on analysis by the Department or 
     OPM analysis.
       (2) Best practices.--The Department shall give special 
     attention to ensuring the continuous incorporation of 
     research-based best practices in training provided under this 
     subsection.

     SEC. 5404. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.

       (a) Reward and Recognize Efforts To Promote Diversity and 
     Inclusion.--
       (1) In general.--The Secretary shall implement performance 
     and advancement requirements that reward and recognize the 
     efforts of individuals in senior positions and supervisors in 
     the Department in fostering an inclusive environment and 
     cultivating talent consistent with merit system principles, 
     such as through participation in mentoring programs or 
     sponsorship initiatives, recruitment events, and other 
     similar opportunities.
       (2) Outreach events.--The Secretary shall create 
     opportunities for individuals in senior positions and 
     supervisors in the Department to participate in outreach 
     events and to discuss issues relating to diversity and 
     inclusion with the workforce on a regular basis, including 
     with employee resource groups.
       (b) External Advisory Committees and Boards.--For each 
     external advisory committee or board to which individuals in 
     senior positions in the Department appoint members, the 
     Secretary is strongly encouraged by Congress to ensure such 
     external advisory committee or board is developed, reviewed, 
     and carried out by qualified teams that represent the 
     diversity of the organization.

     SEC. 5405. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.

       (a) Expand Provision of Professional Development and Career 
     Advancement Opportunities.--
       (1) In general.--The Secretary is authorized to expand 
     professional development opportunities that support the 
     mission needs of the Department, such as--
       (A) academic programs;
       (B) private-public exchanges; and
       (C) detail assignments to relevant positions in--
       (i) private or international organizations;
       (ii) State, local, and Tribal governments;
       (iii) other branches of the Federal Government; or
       (iv) professional schools of international affairs.
       (2) Training for senior positions.--
       (A) In general.--The Secretary shall offer, or sponsor 
     members of the workforce to participate in, a Senior 
     Executive Service candidate development program or other 
     program that trains members on the skills required for 
     appointment to senior positions in the Department.
       (B) Requirements.--In determining which members of the 
     workforce are granted professional development or career 
     advancement opportunities under subparagraph (A), the 
     Secretary shall--
       (i) ensure any program offered or sponsored by the 
     Department under such subparagraph comports with the 
     requirements of subpart C of part 412 of title 5, Code of 
     Federal Regulations, or any successor thereto, including 
     merit staffing and assessment requirements;
       (ii) consider the number of expected vacancies in senior 
     positions as a factor in determining the number of candidates 
     to select for such programs;
       (iii) understand how participation in any program offered 
     or sponsored by the Department under such subparagraph 
     differs by gender, race, national origin, disability status, 
     or other demographic categories; and
       (iv) actively encourage participation from a range of 
     demographic categories, especially from categories with 
     consistently low participation.

     SEC. 5406. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN 
                   SERVICE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Department should offer both the Foreign Service written 
     examination and oral assessment in more locations throughout 
     the United States. Doing so would ease the financial burden 
     on potential candidates who do not currently reside in and 
     must travel at their own expense to one of the few locations 
     where these assessments are offered.
       (b) Foreign Service Examinations.--Section 301(b) of the 
     Foreign Service Act of 1980 (22 U.S.C. 3941) is amended--
       (1) by striking ``The Secretary'' and inserting: ``(1) The 
     Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Secretary shall ensure that the Board of 
     Examiners for the Foreign Service annually offers the oral 
     assessment examinations described in paragraph (1) in cities, 
     chosen on a rotating basis, located in at least five cities 
     in three different time zones across the United States.''.

     SEC. 5407. PAYNE FELLOWSHIP AUTHORIZATION.

       (a) In General.--Undergraduate and graduate components of 
     the Donald M. Payne International Development Fellowship 
     Program may conduct outreach to attract outstanding students 
     with an interest in pursuing a Foreign Service career who 
     represent diverse ethnic and socioeconomic backgrounds.
       (b) Review of Past Programs.--The Secretary shall review 
     past programs designed to increase minority representation in 
     international affairs positions.

     SEC. 5408. VOLUNTARY PARTICIPATION.

       (a) In General.--Nothing in this title should be construed 
     so as to compel any employee to participate in the collection 
     of the data or divulge any personal information. Department 
     employees shall be informed that their participation in the 
     data collection contemplated by this title is voluntary.
       (b) Privacy Protection.--Any data collected under this 
     title shall be subject to the relevant privacy protection 
     statutes and regulations applicable to Federal employees.

                     TITLE V--INFORMATION SECURITY

     SEC. 5501. DEFINITIONS.

       In this title:
       (1) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 3003(4)).
       (2) Relevant congressional committees.--The term ``relevant 
     congressional committees'' means--
       (A) the appropriate congressional committees;
       (B) the Select Committee on Intelligence of the Senate; and
       (C) the Permanent Select Committee on Intelligence of the 
     House of Representatives.

     SEC. 5502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.

       (a) List of Covered Contractors.--Not later than 30 days 
     after the date of the enactment of this Act, the Secretary, 
     in consultation with the Director of National Intelligence 
     and other appropriate Federal agencies as determined jointly 
     by the Secretary and the Director of National Intelligence, 
     shall develop or maintain, as the case may be, and update as 
     frequently as the Secretary determines appropriate, a list of 
     covered contractors with respect to which the Department 
     should seek to avoid entering into contracts. Not later than 
     30 days after the initial development of the list under this 
     subsection, any update thereto, and annually thereafter for 5 
     years after such initial 30 day period, the Secretary shall 
     submit to the appropriate congressional committees a copy of 
     such list.
       (b) Covered Contractor Defined.--In this section, the term 
     ``covered contractor'' means a provider of 
     telecommunications, telecommunications equipment, or 
     information technology equipment, including hardware, 
     software, or services, that has knowingly assisted or 
     facilitated a cyber attack or conducted surveillance, 
     including passive or active monitoring, carried out against--
       (1) the United States by, or on behalf of, any government, 
     or persons associated with

[[Page S8310]]

     such government, listed as a cyber threat actor in the 
     intelligence community's 2017 assessment of worldwide threats 
     to United States national security or any subsequent 
     worldwide threat assessment of the intelligence community; or
       (2) individuals, including activists, journalists, 
     opposition politicians, or other individuals for the purposes 
     of suppressing dissent or intimidating critics, on behalf of 
     a country included in the annual country reports on human 
     rights practices of the Department for systematic acts of 
     political repression, including arbitrary arrest or 
     detention, torture, extrajudicial or politically motivated 
     killing, or other gross violations of human rights.

     SEC. 5503. FOREIGN RELATIONS OF THE UNITED STATES (FRUS) 
                   SERIES AND DECLASSIFICATION.

       The State Department Basic Authorities Act of 1956 is 
     amended--
       (1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by 
     striking ``26'' and inserting ``20''; and
       (2) in section 404 (22 U.S.C. 4354)--
       (A) in subsection (a)(1), by striking ``30''and inserting 
     ``25''; and
       (B) in subsection (c)(1)(C), by striking ``30'' and 
     inserting ``25''.

                       TITLE VI--PUBLIC DIPLOMACY

     SEC. 5601. SHORT TITLE.

       This title may be cited as the ``Public Diplomacy 
     Modernization Act of 2021''.

     SEC. 5602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.

       The Secretary shall--
       (1) identify opportunities for greater efficiency of 
     operations, including through improved coordination of 
     efforts across public diplomacy bureaus and offices of the 
     Department; and
       (2) maximize shared use of resources between, and within, 
     such public diplomacy bureaus and offices in cases in which 
     programs, facilities, or administrative functions are 
     duplicative or substantially overlapping.

     SEC. 5603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC 
                   DIPLOMACY.

       (a) Research and Evaluation Activities.--The Secretary, 
     acting through the Director of Research and Evaluation 
     appointed pursuant to subsection (b), shall--
       (1) conduct regular research and evaluation of public 
     diplomacy programs and activities of the Department, 
     including through the routine use of audience research, 
     digital analytics, and impact evaluations, to plan and 
     execute such programs and activities; and
       (2) make available to Congress the findings of the research 
     and evaluations conducted under paragraph (1).
       (b) Director of Research and Evaluation.--
       (1) Appointment.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall appoint a 
     Director of Research and Evaluation (referred to in this 
     subsection as the ``Director'') in the Office of Policy, 
     Planning, and Resources for Public Diplomacy and Public 
     Affairs of the Department.
       (2) Limitation on appointment.--The appointment of the 
     Director pursuant to paragraph (1) shall not result in an 
     increase in the overall full-time equivalent positions within 
     the Department.
       (3) Responsibilities.--The Director shall--
       (A) coordinate and oversee the research and evaluation of 
     public diplomacy programs and activities of the Department in 
     order to--
       (i) improve public diplomacy strategies and tactics; and
       (ii) ensure that such programs and activities are 
     increasing the knowledge, understanding, and trust of the 
     United States by relevant target audiences;
       (B) routinely organize and oversee audience research, 
     digital analytics, and impact evaluations across all public 
     diplomacy bureaus and offices of the Department;
       (C) support United States diplomatic posts' public affairs 
     sections;
       (D) share appropriate public diplomacy research and 
     evaluation information within the Department and with other 
     appropriate Federal departments and agencies;
       (E) regularly design and coordinate standardized research 
     questions, methodologies, and procedures to ensure that 
     public diplomacy programs and activities across all public 
     diplomacy bureaus and offices are designed to meet 
     appropriate foreign policy objectives; and
       (F) report biannually to the United States Advisory 
     Commission on Public Diplomacy, through the Subcommittee on 
     Research and Evaluation established pursuant to subsection 
     (f), regarding the research and evaluation of all public 
     diplomacy bureaus and offices.
       (4) Guidance and training.--Not later than 1 year after the 
     appointment of the Director pursuant to paragraph (1), the 
     Director shall develop guidance and training, including 
     curriculum for use by the Foreign Service Institute, for all 
     public diplomacy officers of the Department regarding the 
     reading and interpretation of public diplomacy program and 
     activity evaluation findings to ensure that such findings and 
     related lessons learned are implemented in the planning and 
     evaluation of all public diplomacy programs and activities of 
     the Department.
       (c) Prioritizing Research and Evaluation.--
       (1) In general.--The head of the Office of Policy, 
     Planning, and Resources for Public Diplomacy and Public 
     Affairs of the Department shall ensure that research and 
     evaluation of public diplomacy and activities of the 
     Department, as coordinated and overseen by the Director 
     pursuant to subsection (b), supports strategic planning and 
     resource allocation across all public diplomacy bureaus and 
     offices of the Department.
       (2) Allocation of resources.--Amounts allocated for the 
     purpose of research and evaluation of public diplomacy 
     programs and activities of the Department pursuant to 
     subsection (b) shall be made available to be disbursed at the 
     direction of the Director of Research and Evaluation among 
     the research and evaluation staff across all public diplomacy 
     bureaus and offices of the Department.
       (3) Sense of congress.--It is the sense of Congress that 
     the Department should gradually increase its allocation of 
     funds made available under the headings ``Educational and 
     Cultural Exchange Programs'' and ``Diplomatic Programs'' for 
     research and evaluation of public diplomacy programs and 
     activities of the Department pursuant to subsection (b) to a 
     percentage of program funds that is commensurate with Federal 
     Government best practices.
       (d) Limited Exemption Relating to the Paperwork Reduction 
     Act.--Chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'') shall not apply to 
     the collection of information directed at any individuals 
     conducted by, or on behalf of, the Department of State for 
     the purpose of audience research, monitoring, and 
     evaluations, and in connection with the Department's 
     activities conducted pursuant to any of the following:
       (1) The Mutual Educational and Cultural Exchange Act of 
     1961 (22 U.S.C. 2451 et seq.).
       (2) Section 1287 of the National Defense Authorization Act 
     for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 
     note).
       (3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
     seq.).
       (e) Limited Exemption Relating to the Privacy Act.--
       (1) In general.--The Department shall maintain, collect, 
     use, and disseminate records (as such term is defined in 
     section 552a(a)(4) of title 5, United States Code) for 
     audience research, digital analytics, and impact evaluation 
     of communications related to public diplomacy efforts 
     intended for foreign audiences.
       (2) Conditions.--Audience research, digital analytics, and 
     impact evaluations under paragraph (1) shall be--
       (A) reasonably tailored to meet the purposes of this 
     subsection; and
       (B) carried out with due regard for privacy and civil 
     liberties guidance and oversight.
       (f) United States Advisory Commission on Public 
     Diplomacy.--
       (1) Subcommittee for research and evaluation.--The United 
     States Advisory Commission on Public Diplomacy shall 
     establish a Subcommittee on Research and Evaluation to 
     monitor and advise regarding audience research, digital 
     analytics, and impact evaluations carried out by the 
     Department and the United States Agency for Global Media.
       (2) Annual report.--The Subcommittee on Research and 
     Evaluation established pursuant to paragraph (1) shall submit 
     to the appropriate congressional committees an annual report, 
     in conjunction with the United States Advisory Commission on 
     Public Diplomacy's Comprehensive Annual Report on the 
     performance of the Department and the United States Agency 
     for Global Media, describing all actions taken by the 
     Subcommittee pursuant to paragraph (1) and any findings made 
     as a result of such actions.

     SEC. 5604. PERMANENT REAUTHORIZATION OF THE UNITED STATES 
                   ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

       Section 1334 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (22 U.S.C. 6553) is amended--
       (1) in the section heading, by striking ``sunset'' and 
     inserting ``continuation''; and
       (2) by striking ``until October 1, 2021''.

     SEC. 5605. STREAMLINING OF SUPPORT FUNCTIONS.

       (a) Working Group Established.--Not later than 60 days 
     after the date of the enactment of this Act, the Secretary 
     shall establish a working group to explore the possibilities 
     and cost-benefit analysis of transitioning to a shared 
     services model as such pertains to human resources, travel, 
     purchasing, budgetary planning, and all other executive 
     support functions for all bureaus of the Department that 
     report to the Under Secretary for Public Diplomacy of the 
     Department.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a plan to implement any 
     such findings of the working group established under 
     subsection (a).

     SEC. 5606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY 
                   FACILITIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     adopt, and include in the Foreign Affairs Manual, guidelines 
     to collect and utilize information from each diplomatic post 
     at which the construction of a new embassy compound or new 
     consulate compound would result in the closure or co-location 
     of an American Space, American Center, American Corner, or 
     any other public diplomacy facility under the Secure Embassy 
     Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 
     et seq.).
       (b) Requirements.--The guidelines required by subsection 
     (a) shall include the following:

[[Page S8311]]

       (1) Standardized notification to each chief of mission at a 
     diplomatic post describing the requirements of the Secure 
     Embassy Construction and Counterterrorism Act of 1999 and the 
     impact on the mission footprint of such requirements.
       (2) An assessment and recommendations from each chief of 
     mission of potential impacts to public diplomacy programming 
     at such diplomatic post if any public diplomacy facility 
     referred to in subsection (a) is closed or staff is co-
     located in accordance with such Act.
       (3) A process by which assessments and recommendations 
     under paragraph (2) are considered by the Secretary and the 
     appropriate Under Secretaries and Assistant Secretaries of 
     the Department.
       (4) Notification to the appropriate congressional 
     committees, prior to the initiation of a new embassy compound 
     or new consulate compound design, of the intent to close any 
     such public diplomacy facility or co-locate public diplomacy 
     staff in accordance with such Act.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a report containing the 
     guidelines required under subsection (a) and any 
     recommendations for any modifications to such guidelines.

     SEC. 5607. DEFINITIONS.

       In this title:
       (1) Audience research.--The term ``audience research'' 
     means research conducted at the outset of a public diplomacy 
     program or the outset of campaign planning and design 
     regarding specific audience segments to understand the 
     attitudes, interests, knowledge, and behaviors of such 
     audience segments.
       (2) Digital analytics.--The term ``digital analytics'' 
     means the analysis of qualitative and quantitative data, 
     accumulated in digital format, to indicate the outputs and 
     outcomes of a public diplomacy program or campaign.
       (3) Impact evaluation.--The term ``impact evaluation'' 
     means an assessment of the changes in the audience targeted 
     by a public diplomacy program or campaign that can be 
     attributed to such program or campaign.
       (4) Public diplomacy bureaus and offices.--The term 
     ``public diplomacy bureaus and offices'' means, with respect 
     to the Department, the following:
       (A) The Bureau of Educational and Cultural Affairs.
       (B) The Bureau of Global Public Affairs.
       (C) The Office of Policy, Planning, and Resources for 
     Public Diplomacy and Public Affairs.
       (D) The Global Engagement Center.
       (E) The public diplomacy functions within the regional and 
     functional bureaus.

                 TITLE VII--COMBATING PUBLIC CORRUPTION

     SEC. 5701. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) it is in the foreign policy interest of the United 
     States to help foreign countries promote good governance and 
     combat public corruption;
       (2) multiple Federal departments and agencies operate 
     programs that promote good governance in foreign countries 
     and enhance such countries' ability to combat public 
     corruption; and
       (3) the Department of State should--
       (A) promote coordination among the Federal departments and 
     agencies implementing programs to promote good governance and 
     combat public corruption in foreign countries in order to 
     improve effectiveness and efficiency; and
       (B) identify areas in which United States efforts to help 
     other countries promote good governance and combat public 
     corruption could be enhanced.

     SEC. 5702. DEFINITIONS.

       In this title:
       (1) Corrupt actor.--The term ``corrupt actor'' means--
       (A) any foreign person or entity that is a government 
     official or government entity responsible for, or complicit 
     in, an act of corruption; and
       (B) any company, in which a person or entity described in 
     subparagraph (A) has a significant stake, which is 
     responsible for, or complicit in, an act of corruption.
       (2) Corruption.--The term ``corruption'' means the unlawful 
     exercise of entrusted public power for private gain, 
     including by bribery, nepotism, fraud, or embezzlement.
       (3) Significant corruption.--The term ``significant 
     corruption'' means corruption committed at a high level of 
     government that has some or all of the following 
     characteristics:
       (A) Illegitimately distorts major decision-making, such as 
     policy or resource determinations, or other fundamental 
     functions of governance.
       (B) Involves economically or socially large-scale 
     government activities.

     SEC. 5703. PUBLICATION OF TIERED RANKING LIST.

       (a) In General.--The Secretary of State shall annually 
     publish, on a publicly accessible website, a tiered ranking 
     of all foreign countries.
       (b) Tier 1 Countries.--A country shall be ranked as a tier 
     1 country in the ranking published under subsection (a) if 
     the government of such country is complying with the minimum 
     standards set forth in section 5704.
       (c) Tier 2 Countries.--A country shall be ranked as a tier 
     2 country in the ranking published under subsection (a) if 
     the government of such country is making efforts to comply 
     with the minimum standards set forth in section 5704, but is 
     not achieving the requisite level of compliance to be ranked 
     as a tier 1 country.
       (d) Tier 3 Countries.--A country shall be ranked as a tier 
     3 country in the ranking published under subsection (a) if 
     the government of such country is making de minimis or no 
     efforts to comply with the minimum standards set forth in 
     section 5704.

     SEC. 5704. MINIMUM STANDARDS FOR THE ELIMINATION OF 
                   CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT 
                   CORRUPTION.

       (a) In General.--The government of a country is complying 
     with the minimum standards for the elimination of corruption 
     if the government--
       (1) has enacted and implemented laws and established 
     government structures, policies, and practices that prohibit 
     corruption, including significant corruption;
       (2) enforces the laws described in paragraph (1) by 
     punishing any person who is found, through a fair judicial 
     process, to have violated such laws;
       (3) prescribes punishment for significant corruption that 
     is commensurate with the punishment prescribed for serious 
     crimes; and
       (4) is making serious and sustained efforts to address 
     corruption, including through prevention.
       (b) Factors for Assessing Government Efforts to Combat 
     Corruption.--In determining whether a government is making 
     serious and sustained efforts to address corruption, the 
     Secretary of State shall consider, to the extent relevant or 
     appropriate, factors such as--
       (1) whether the government of the country has criminalized 
     corruption, investigates and prosecutes acts of corruption, 
     and convicts and sentences persons responsible for such acts 
     over which it has jurisdiction, including, as appropriate, 
     incarcerating individuals convicted of such acts;
       (2) whether the government of the country vigorously 
     investigates, prosecutes, convicts, and sentences public 
     officials who participate in or facilitate corruption, 
     including nationals of the country who are deployed in 
     foreign military assignments, trade delegations abroad, or 
     other similar missions, who engage in or facilitate 
     significant corruption;
       (3) whether the government of the country has adopted 
     measures to prevent corruption, such as measures to inform 
     and educate the public, including potential victims, about 
     the causes and consequences of corruption;
       (4) what steps the government of the country has taken to 
     prohibit government officials from participating in, 
     facilitating, or condoning corruption, including the 
     investigation, prosecution, and conviction of such officials;
       (5) the extent to which the country provides access, or, as 
     appropriate, makes adequate resources available, to civil 
     society organizations and other institutions to combat 
     corruption, including reporting, investigating, and 
     monitoring;
       (6) whether an independent judiciary or judicial body in 
     the country is responsible for, and effectively capable of, 
     deciding corruption cases impartially, on the basis of facts 
     and in accordance with the law, without any improper 
     restrictions, influences, inducements, pressures, threats, or 
     interferences (direct or indirect);
       (7) whether the government of the country is assisting in 
     international investigations of transnational corruption 
     networks and in other cooperative efforts to combat 
     significant corruption, including, as appropriate, 
     cooperating with the governments of other countries to 
     extradite corrupt actors;
       (8) whether the government of the country recognizes the 
     rights of victims of corruption, ensures their access to 
     justice, and takes steps to prevent victims from being 
     further victimized or persecuted by corrupt actors, 
     government officials, or others;
       (9) whether the government of the country protects victims 
     of corruption or whistleblowers from reprisal due to such 
     persons having assisted in exposing corruption, and refrains 
     from other discriminatory treatment of such persons;
       (10) whether the government of the country is willing and 
     able to recover and, as appropriate, return the proceeds of 
     corruption;
       (11) whether the government of the country is taking steps 
     to implement financial transparency measures in line with the 
     Financial Action Task Force recommendations, including due 
     diligence and beneficial ownership transparency requirements;
       (12) whether the government of the country is facilitating 
     corruption in other countries in connection with state-
     directed investment, loans or grants for major 
     infrastructure, or other initiatives; and
       (13) such other information relating to corruption as the 
     Secretary of State considers appropriate.
       (c) Assessing Government Efforts to Combat Corruption in 
     Relation to Relevant International Commitments.--In 
     determining whether a government is making serious and 
     sustained efforts to address corruption, the Secretary of 
     State shall consider the government of a country's compliance 
     with the following, as relevant:
       (1) The Inter-American Convention against Corruption of the 
     Organization of American States, done at Caracas March 29, 
     1996.
       (2) The Convention on Combating Bribery of Foreign Public 
     Officials in International Business Transactions of the 
     Organisation of

[[Page S8312]]

     Economic Co-operation and Development, done at Paris December 
     21, 1997 (commonly referred to as the ``Anti-Bribery 
     Convention'').
       (3) The United Nations Convention against Transnational 
     Organized Crime, done at New York November 15, 2000.
       (4) The United Nations Convention against Corruption, done 
     at New York October 31, 2003.
       (5) Such other treaties, agreements, and international 
     standards as the Secretary of State considers appropriate.

     SEC. 5705. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY 
                   HUMAN RIGHTS ACCOUNTABILITY ACT.

       (a) In General.--The Secretary of State, in coordination 
     with the Secretary of the Treasury, should evaluate whether 
     there are foreign persons engaged in significant corruption 
     for the purposes of potential imposition of sanctions under 
     the Global Magnitsky Human Rights Accountability Act 
     (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 
     2656 note)--
       (1) in all countries identified as tier 3 countries under 
     section 5703; or
       (2) in relation to the planning or construction or any 
     operation of the Nord Stream 2 pipeline.
       (b) Report Required.--Not later than 180 days after 
     publishing the list required by section 5703(a) and annually 
     thereafter, the Secretary of State shall submit to the 
     committees specified in subsection (f) a report that 
     includes--
       (1) a list of foreign persons with respect to which the 
     President imposed sanctions pursuant to the evaluation under 
     subsection (a);
       (2) the dates on which such sanctions were imposed;
       (3) the reasons for imposing such sanctions; and
       (4) a list of all foreign persons found to have been 
     engaged in significant corruption in relation to the 
     planning, construction, or operation of the Nord Stream 2 
     pipeline.
       (c) Form of Report.--Each report required by subsection (b) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (d) Briefing in Lieu of Report.--The Secretary of State, in 
     coordination with the Secretary of the Treasury, may (except 
     with respect to the list required by subsection (b)(4)) 
     provide a briefing to the committees specified in subsection 
     (f) instead of submitting a written report required under 
     subsection (b), if doing so would better serve existing 
     United States anti-corruption efforts or the national 
     interests of the Untied States.
       (e) Termination of Requirements Relating to Nord Stream 
     2.--The requirements under subsections (a)(2) and (b)(4) 
     shall terminate on the date that is 5 years after the date of 
     the enactment of this Act.
       (f) Committees Specified.--The committees specified in this 
     subsection are--
       (1) the Committee on Foreign Relations, the Committee on 
     Appropriations, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on the Judiciary of the Senate; 
     and
       (2) the Committee on Foreign Affairs, the Committee on 
     Appropriations, the Committee on Financial Services, and the 
     Committee on the Judiciary of the House of Representatives.

     SEC. 5706. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF 
                   CONTACT.

       (a) In General.--The Secretary of State shall annually 
     designate an anti-corruption point of contact at the United 
     States diplomatic post to each country identified as tier 2 
     or tier 3 under section 5703, or which the Secretary 
     otherwise determines is in need of such a point of contact. 
     The point of contact shall be the chief of mission or the 
     chief of mission's designee.
       (b) Responsibilities.--Each anti-corruption point of 
     contact designated under subsection (a) shall be responsible 
     for enhancing coordination and promoting the implementation 
     of a whole-of-government approach among the relevant Federal 
     departments and agencies undertaking efforts to--
       (1) promote good governance in foreign countries; and
       (2) enhance the ability of such countries--
       (A) to combat public corruption; and
       (B) to develop and implement corruption risk assessment 
     tools and mitigation strategies.
       (c) Training.--The Secretary of State shall implement 
     appropriate training for anti-corruption points of contact 
     designated under subsection (a).

       TITLE VIII--GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY 
                          REAUTHORIZATION ACT

     SEC. 5801. SHORT TITLE.

       This title may be cited as the ``Global Magnitsky Human 
     Rights Accountability Reauthorization Act''.

     SEC. 5802. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS 
                   WITH RESPECT TO HUMAN RIGHTS VIOLATIONS.

       (a) Definitions.--Section 1262 of the Global Magnitsky 
     Human Rights Accountability Act (Subtitle F of title XII of 
     Public Law 114-328; 22 U.S.C. 2656 note) is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) Immediate family member.--The term `immediate family 
     member', with respect to a foreign person, means the spouse, 
     parent, sibling, or adult child of the person.''.
       (b) Sense of Congress.--The Global Magnitsky Human Rights 
     Accountability Act (Subtitle F of title XII of Public Law 
     114-328; 22 U.S.C. 2656 note) is amended by inserting after 
     section 1262 the following new section:

     ``SEC. 1262A. SENSE OF CONGRESS.

       ``It is the sense of Congress that the President should 
     establish and regularize information sharing and sanctions-
     related decision making with like-minded governments 
     possessing human rights and anti-corruption sanctions 
     programs similar in nature to those authorized under this 
     subtitle.''.
       (c) Imposition of Sanctions.--
       (1) In general.--Subsection (a) of section 1263 of the 
     Global Magnitsky Human Rights Accountability Act (Subtitle F 
     of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is 
     amended to read as follows:
       ``(a) In General.--The President may impose the sanctions 
     described in subsection (b) with respect to--
       ``(1) any foreign person that the President determines, 
     based on credible information--
       ``(A) is responsible for or complicit in, or has directly 
     or indirectly engaged in, serious human rights abuse;
       ``(B) is a current or former government official, or a 
     person acting for or on behalf of such an official, who is 
     responsible for or complicit in, or has directly or 
     indirectly engaged in--
       ``(i) corruption, including--

       ``(I) the misappropriation of state assets;
       ``(II) the expropriation of private assets for personal 
     gain;
       ``(III) corruption related to government contracts or the 
     extraction of natural resources; or
       ``(IV) bribery; or

       ``(ii) the transfer or facilitation of the transfer of the 
     proceeds of corruption;
       ``(C) is or has been a leader or official of--
       ``(i) an entity, including a government entity, that has 
     engaged in, or whose members have engaged in, any of the 
     activities described in subparagraph (A) or (B) related to 
     the tenure of the leader or official; or
       ``(ii) an entity whose property and interests in property 
     are blocked pursuant to this section as a result of 
     activities related to the tenure of the leader or official;
       ``(D) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services to or in support of--
       ``(i) an activity described in subparagraph (A) or (B) that 
     is conducted by a foreign person;
       ``(ii) a person whose property and interests in property 
     are blocked pursuant to this section; or
       ``(iii) an entity, including a government entity, that has 
     engaged in, or whose members have engaged in, an activity 
     described in subparagraph (A) or (B) conducted by a foreign 
     person; or
       ``(E) is owned or controlled by, or has acted or been 
     purported to act for or on behalf of, directly or indirectly, 
     a person whose property and interests in property are blocked 
     pursuant to this section; and
       ``(2) any immediate family member of a person described in 
     paragraph (1).''.
       (2) Consideration of certain information.--Subsection 
     (c)(2) of such section is amended by inserting ``corruption 
     and'' after ``monitor''.
       (3) Requests by congress.--Subsection (d) of such section 
     is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``subsection (a)'' and inserting ``subsection (a)(1)''; and
       (ii) in subparagraph (B)(i), by inserting ``or an immediate 
     family member of the person''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the subparagraph heading, by striking ``human rights 
     violations'' and inserting ``serious human rights abuse''; 
     and
       (II) by striking ``described in paragraph (1) or (2) of 
     subsection (a)'' and inserting ``described in subsection 
     (a)(1) relating to serious human rights abuse''; and

       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking 
     ``described in paragraph (3) or (4) of subsection (a)'' and 
     inserting ``described in subsection (a)(1) relating to 
     corruption or the transfer or facilitation of the transfer of 
     the proceeds of corruption''; and
       (II) by striking ``ranking member of'' and all that follows 
     through the period at the end and inserting ``ranking member 
     of one of the appropriate congressional committees''.

       (4) Termination of sanctions.--Subsection (g) of such 
     section is amended, in the matter preceding paragraph (1), by 
     inserting ``and the immediate family members of that person'' 
     after ``a person''.
       (d) Reports to Congress.--Section 1264(a) of the Global 
     Magnitsky Human Rights Accountability Act (Subtitle F of 
     title XII of Public Law 114-328; 22 U.S.C. 2656 note) is 
     amended--
       (1) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) A description of additional steps taken by the 
     President through diplomacy, international engagement, and 
     assistance to foreign or security sectors to address 
     persistent underlying causes of serious human rights abuse 
     and corruption in each country in which foreign persons with 
     respect to which sanctions have been imposed under section 
     1263 are located.''.

[[Page S8313]]

       (e) Repeal of Sunset.--Section 1265 of the Global Magnitsky 
     Human Rights Accountability Act (Subtitle F of title XII of 
     Public Law 114-328; 22 U.S.C. 2656 note) is repealed.

                        TITLE IX--OTHER MATTERS

     SEC. 5901. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.

       Section 620(q) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2370(q)) is amended--
       (1) by striking ``No assistance'' and inserting the 
     following:
       ``(1) No assistance'';
       (2) by inserting ``the government of'' before ``any 
     country'';
       (3) by inserting ``the government of'' before ``such 
     country'' each place it appears;
       (4) by striking ``determines'' and all that follows and 
     inserting ``determines, after consultation with the Committee 
     on Foreign Affairs and the Committee on Appropriations of the 
     House of Representatives and the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate, 
     that assistance for such country is in the national interest 
     of the United States.''; and
       (5) by adding at the end the following new paragraph:
       ``(2) No assistance shall be furnished under this Act, the 
     Peace Corps Act, the Millennium Challenge Act of 2003, the 
     African Development Foundation Act, the BUILD Act of 2018, 
     section 504 of the FREEDOM Support Act, or section 23 of the 
     Arms Export Control Act to the government of any country 
     which is in default during a period in excess of 1 calendar 
     year in payment to the United States of principal or interest 
     or any loan made to the government of such country by the 
     United States unless the President determines, following 
     consultation with the congressional committees specified in 
     paragraph (1), that assistance for such country is in the 
     national interest of the United States.''.

     SEC. 5902. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION 
                   AND RETURN ACT OF 2014 AMENDMENT.

       Subsection (b) of section 101 of the Sean and David Goldman 
     International Child Abduction Prevention and Return Act of 
     2014 (22 U.S.C. 9111; Public Law 113-150) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) by inserting ``, respectively,'' after ``access 
     cases''; and
       (ii) by inserting ``and the number of children involved'' 
     before the semicolon at the end; and
       (B) in subparagraph (D), by inserting ``respectively, the 
     number of children involved,'' after ``access cases,'';
       (2) in paragraph (7), by inserting ``, and number of 
     children involved in such cases'' before the semicolon at the 
     end;
       (3) in paragraph (8), by striking ``and'' after the 
     semicolon at the end;
       (4) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (5) by adding at the end the following new paragraph:
       ``(10) the total number of pending cases the Department of 
     State has assigned to case officers and number of children 
     involved for each country and as a total for all 
     countries.''.

     SEC. 5903. CONGRESSIONAL OVERSIGHT, QUARTERLY REVIEW, AND 
                   AUTHORITY RELATING TO CONCURRENCE PROVIDED BY 
                   CHIEFS OF MISSION FOR THE PROVISION OF SUPPORT 
                   RELATING TO CERTAIN UNITED STATES GOVERNMENT 
                   OPERATIONS.

       (a) Notification Required.--Not later than 30 days after 
     the date on which a chief of mission provides concurrence for 
     the provision of United States Government support to entities 
     or individuals engaged in facilitating or supporting United 
     States Government operations within the area of 
     responsibility of the chief of mission, the Secretary of 
     State shall notify the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives of the provision of such concurrence.
       (b) Quarterly Review, Determination, and Briefing 
     Required.--Not less frequently than every 90 days, the 
     Secretary of State shall, in order to ensure support 
     described in subsection (a) continues to align with United 
     States foreign policy objectives and the objectives of the 
     Department of State--
       (1) conduct a review of any concurrence described in 
     subsection (a) in effect as of the date of the review;
       (2) based on the review, determine whether to revoke any 
     such concurrence pending further study and review; and
       (3) brief the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives on the results of the review.
       (c) Revocation of Concurrence.--Based on the review 
     conducted pursuant to subsection (b), the Secretary may 
     revoke any such concurrence.
       (d) Annual Report Required.--Not later than January 31 of 
     each year, the Secretary of State shall submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report that includes the following:
       (1) A description of any support described in subsection 
     (a) that was provided with the concurrence of a chief of 
     mission during the calendar year preceding the calendar year 
     in which the report is submitted.
       (2) An analysis of the effects of the support described in 
     paragraph (1) on diplomatic lines of effort, including with 
     respect to--
       (A) Nonproliferation, Anti-terrorism, Demining, and Related 
     Programs (NADR) and associated Anti-Terrorism Assistance 
     (ATA) programs;
       (B) International Narcotics Control and Law Enforcement 
     (INCLE) programs; and
       (C) Foreign Military Sales (FMS), Foreign Military 
     Financing (FMF), and associated training programs.

     SEC. 5904. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION 
                   TASK FORCE.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of State shall submit to the 
     appropriate congressional committees, the Committee on Armed 
     Services of the House of Representatives, and the Committee 
     on Armed Services of the Senate a report evaluating the 
     efforts of the Coronavirus Repatriation Task Force of the 
     Department of State to repatriate United States citizens and 
     legal permanent residents in response to the 2020 coronavirus 
     outbreak. The report shall identify--
       (1) the most significant impediments to repatriating such 
     persons;
       (2) the lessons learned from such repatriations; and
       (3) any changes planned to future repatriation efforts of 
     the Department of State to incorporate such lessons learned.
                                 ______
                                 
  SA 4731. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 4350, to authorize appropriations for fiscal year 
2022 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. DEVELOPMENT AND TESTING OF 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 in order to accommodate emerging military training 
     requirements through flexible scheduling, along with 
     increasing access to existing special activity airspace used 
     by the Department of Defense for test and training.
       (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 episodic or 
     permanent 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;
       (B) at least two shall be over land of the United States;
       (C) access to airspace available for test and training is 
     increased to accommodate dynamic scheduling of existing 
     airspace to more efficiently and realistically provide test 
     and training capabilities to Department of Defense aircrews; 
     and
       (D) any increase in access to airspace made available for 
     test and training shall not conflict with the safe management 
     of the national airspace system or the safety of all 
     stakeholders of the national airspace system.
       (c) Report by the Administrator.--
       (1) In general.--Not less than two years after the date of 
     the establishment of the pilot program under subsection 
     (b)(1), the Administrator shall submit to the appropriate 
     committees of Congress a report on the interim findings of 
     the Administrator with respect to the pilot program.
       (2) Elements.--The report submitted under paragraph (1) 
     shall include the following:
       (A) An analysis of how the pilot program established under 
     subsection (b)(1) affected access to special activity 
     airspace by nonmilitary users of the national airspace 
     system.
       (B) An analysis of whether the dynamic management of 
     special activity airspace conducted for the pilot program 
     established under subsection (b)(1) contributed to more

[[Page S8314]]

     efficient use of the national airspace system by all 
     stakeholders.
       (d) Report by the Secretary.--Not less than two years after 
     the date of the establishment of the pilot program under 
     subsection (b)(1), the Secretary shall submit to the 
     appropriate committees of Congress a report on the interim 
     findings of the Secretary with respect to the pilot program. 
     Such report shall include an analysis of how the pilot 
     program affected military test and training.
       (e) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Armed Services of the Senate; and
       (B) the Committee on Transportation and Infrastructure, the 
     Committee on Science, Space, and Technology, and the 
     Committee on Armed Services of the House of Representatives.
       (2) 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:
       (A) Restricted areas.
       (B) Military operations areas.
       (C) Air Traffic Control assigned airspace.
       (D) Warning areas.
                                 ______
                                 
  SA 4732. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. CYBERSECURITY TRANSPARENCY.

       The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 
     is amended by inserting after section 14B (15 U.S.C. 78n-2) 
     the following:

     ``SEC. 14C. CYBERSECURITY TRANSPARENCY.

       ``(a) Definitions.--In this section--
       ``(1) the term `cybersecurity' means any action, step, or 
     measure to detect, prevent, deter, mitigate, or address any 
     cybersecurity threat or any potential cybersecurity threat;
       ``(2) the term `cybersecurity threat'--
       ``(A) means an action, not protected by the First Amendment 
     to the Constitution of the United States, on or through an 
     information system that may result in an unauthorized effort 
     to adversely impact the security, availability, 
     confidentiality, or integrity of an information system or 
     information that is stored on, processed by, or transiting an 
     information system; and
       ``(B) does not include any action that solely involves a 
     violation of a consumer term of service or a consumer 
     licensing agreement;
       ``(3) the term `information system'--
       ``(A) has the meaning given the term in section 3502 of 
     title 44, United States Code; and
       ``(B) includes industrial control systems, such as 
     supervisory control and data acquisition systems, distributed 
     control systems, and programmable logic controllers;
       ``(4) the term `NIST' means the National Institute of 
     Standards and Technology; and
       ``(5) the term `reporting company' means any company that 
     is an issuer--
       ``(A) the securities of which are registered under section 
     12; or
       ``(B) that is required to file reports under section 15(d).
       ``(b) Requirement To Issue Rules.--Not later than 360 days 
     after the date of enactment of this section, the Commission 
     shall issue final rules to require each reporting company, in 
     the annual report of the reporting company submitted under 
     section 13 or section 15(d) or in the annual proxy statement 
     of the reporting company submitted under section 14(a)--
       ``(1) to disclose whether any member of the governing body, 
     such as the board of directors or general partner, of the 
     reporting company has expertise or experience in 
     cybersecurity and in such detail as necessary to fully 
     describe the nature of the expertise or experience; and
       ``(2) if no member of the governing body of the reporting 
     company has expertise or experience in cybersecurity, to 
     describe what other aspects of the reporting company's 
     cybersecurity were taken into account by any person, such as 
     an official serving on a nominating committee, that is 
     responsible for identifying and evaluating nominees for 
     membership to the governing body.
       ``(c) Cybersecurity Expertise or Experience.--For purposes 
     of subsection (b), the Commission, in consultation with NIST, 
     shall define what constitutes expertise or experience in 
     cybersecurity using commonly defined roles, specialties, 
     knowledge, skills, and abilities, such as those provided in 
     NIST Special Publication 800-181, entitled `National 
     Initiative for Cybersecurity Education (NICE) Cybersecurity 
     Workforce Framework', or any successor thereto.''.

                          ____________________