[Congressional Record Volume 167, Number 200 (Wednesday, November 17, 2021)]
[Senate]
[Pages S8352-S8402]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4733. Mr. RUBIO (for himself, Ms. Cantwell, Mrs. Blackburn, Ms. 
Rosen, Ms. Collins, Ms. Hassan, Mr. Crapo, Mr. Peters, and Mr. King) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SECTION 1283. UNITED STATES-ISRAEL ARTIFICIAL INTELLIGENCE 
                   CENTER.

       (a) Short Title.--This section may be cited as the ``United 
     States-Israel Artificial Intelligence Center Act''.
       (b) Establishment of Center.--The Secretary of State, in 
     consultation with the Secretary of Commerce, the Director of 
     the National Science Foundation, and the heads of other 
     relevant Federal agencies, may establish the United States-
     Israel Artificial Intelligence Center (referred to in this 
     section as the ``Center'') in the United States.
       (c) Purpose.--The purpose of the Center shall be to 
     leverage the experience, knowledge, and expertise of 
     institutions of higher education and private sector entities 
     in the United States and Israel to develop more robust 
     research and development cooperation in the areas of--
       (1) machine learning;
       (2) image classification;
       (3) object detection;
       (4) speech recognition;
       (5) natural language processing;
       (6) data labeling;
       (7) computer vision; and
       (8) model explainability and interpretability.
       (d) Artificial Intelligence Principles.--In carrying out 
     the purposes set forth in subsection (c), the Center shall 
     adhere to the principles for the use of artificial 
     intelligence in the Federal Government set forth in section 3 
     of Executive Order 13960 (85 Fed. Reg. 78939).
       (e) International Partnerships.--
       (1) In general.--The Secretary of State and the heads of 
     other relevant Federal agencies, subject to the availability 
     of appropriations, may enter into cooperative agreements 
     supporting and enhancing dialogue and planning involving 
     international partnerships between the Department of State or 
     such agencies and the Government of Israel and its 
     ministries, offices, and institutions.
       (2) Federal share.--Not more than 50 percent of the costs 
     of implementing the agreements entered into pursuant to 
     paragraph (1) may be paid by the United States Government.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Center $10,000,000 for each of the 
     fiscal years 2022 through 2026.
                                 ______
                                 
  SA 4734. Ms. HASSAN (for herself and Mr. Thune) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 2__. APPLICATION OF PUBLIC-PRIVATE TALENT EXCHANGE 
                   PROGRAMS IN THE DEPARTMENT OF DEFENSE TO 
                   QUANTUM INFORMATION SCIENCES AND TECHNOLOGY 
                   RESEARCH.

       In carrying out section 1599g of title 10, United States 
     Code, the Secretary of Defense may establish public-private 
     exchange programs, each with up to 10 program participants, 
     focused on private sector entities working on quantum 
     information sciences and technology research applications.

     SEC. 2__. BRIEFING ON SCIENCE, MATHEMATICS, AND RESEARCH FOR 
                   TRANSFORMATION (SMART) DEFENSE EDUCATION 
                   PROGRAM.

       Not later than three years after the date of the enactment 
     of this Act, the Secretary of Defense shall provide Congress 
     with a briefing on participation and use of the program under 
     section 2192a of title 10, United States Code, as amended by 
     this subsection, with a particular focus on levels of 
     interest from students engaged in studying quantum fields.

     SEC. 2__. IMPROVEMENTS TO DEFENSE QUANTUM INFORMATION SCIENCE 
                   AND TECHNOLOGY RESEARCH AND DEVELOPMENT 
                   PROGRAM.

       (a) Fellowship Program Authorized.--Section 234 of the John 
     S. McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 10 U.S.C. 2358 note) is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Fellowships.--
       ``(1) Program authorized.--In carrying out the program 
     required by subsection (a) and subject to the availability of 
     appropriations to carry out this subsection, the Secretary 
     may carry out a program of fellowships in quantum information 
     science and technology research and development for 
     individuals who have a graduate or post-graduate degree.
       ``(2) Equal access.--In carrying out the program under 
     paragraph (1), the Secretary may establish procedures to 
     ensure that minority, geographically diverse, and 
     economically disadvantaged students have equal access to 
     fellowship opportunities under such program.''.
       (b) Multidisciplinary Partnerships With Universities.--Such 
     section is further amended--
       (1) by redesignating subsection (g), as redesignated by 
     subsection (a)(1), as subsection (h); and
       (2) by inserting after subsection (f), as added by 
     subsection (a)(2), the following new subsection (g):
       ``(g) Multidisciplinary Partnerships With Universities.--In 
     carrying out the program under subsection (a), the Secretary 
     of Defense may develop partnerships with universities to 
     enable students to engage in multidisciplinary courses of 
     study.''.
       (c) Comptroller General of the United States Assessment of 
     Program.--
       (1) Assessment and briefing.--Not later than 180 days after 
     the date of the enactment of this Act, the Comptroller 
     General of the United States shall--
       (A) commence an assessment of the program carried out under 
     section 234 of the

[[Page S8353]]

     John S. McCain National Defense Authorization Act for Fiscal 
     Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note), as 
     amended by this section, with consideration of the report 
     submitted under subsection (h) of such section (as 
     redesignated by subsection (b)(2) of this section); and
       (B) provide the congressional defense committees a briefing 
     on the preliminary findings of the Comptroller General with 
     respect to such program.
       (2) Final report.--At a date agreed to by the Comptroller 
     General and the congressional defense committees at the 
     briefing provided pursuant to paragraph (1)(B), the 
     Comptroller General shall submit to the congressional defense 
     committees a final report with the findings of the 
     Comptroller General with respect to the assessment conducted 
     under paragraph (1)(A).
                                 ______
                                 
  SA 4735. 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;
       ``(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, in consultation with the Deputy Inspector General, 
     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 Deputy Inspector General, through the Senior 
     Official for Countering Extremism and the Inspector General, 
     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 `Deputy Inspector General' means the Deputy 
     Inspector General of the Department of Defense for Diversity 
     and Inclusion and Supremacist, Extremist, and Criminal Gang 
     Activity established by Section 554 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283).
       ``(2) The term `extremist activities' shall--
       ``(A) have the meaning prescribed by the Secretary of 
     Defense; and
       ``(B) include affiliation with (including membership in) an 
     extremist organization.
       ``(3) 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.
       ``(4) The term `extremist organization' shall have the 
     meaning prescribed by the Secretary of Defense.
       ``(5) 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).

[[Page S8354]]

       (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 4736. 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 appropriate place in title II, insert the 
     following:

     SEC. ___. UNDERWATER LAUNCH TESTING OF CONVENTIONAL PROMPT 
                   STRIKE WEAPON SYSTEM.

       (a) Testing Required.--Not later than September 30, 2024, 
     the Secretary of the Navy shall commence underwater launch 
     testing for the Conventional Prompt Strike weapon system to 
     facilitate capability deployment on a Virginia-class 
     submarine before September 30, 2027.
       (b) Additional Funding.--
       (1) In general.--The amount authorized to be appropriated 
     for fiscal year 2022 by section 201 for research, 
     development, test, and evaluation is hereby increased by 
     $50,000,000, with the amount of the increase to be available 
     for New Design SSN (PE 0604558N).
       (2) Availability.--Of the amount made available under 
     paragraph (1), $50,000,000 shall be available to accelerate 
     Conventional Prompt Strike weapon system integration on 
     Virginia-class submarines.
       (c) Offset.--The amount authorized to be appropriated for 
     fiscal year 2022 by section 301 for operation and maintenance 
     is hereby decreased by $50,000,000 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.
                                 ______
                                 
  SA 4737. Mrs. GILLIBRAND (for herself, Mr. Rubio, Mr. Heinrich, Mr. 
Blunt, and Mr. Graham) submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. ESTABLISHMENT OF STRUCTURE AND AUTHORITIES TO 
                   ADDRESS UNIDENTIFIED AERIAL PHENOMENA.

       (a) Establishment of Anomaly Surveillance and Resolution 
     Office.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     coordination with the Director of National Intelligence, 
     establish an office within an appropriate component of the 
     Department of Defense, or within a joint organization of the 
     Department of Defense and the Office of the Director of 
     National Intelligence, to assume--
       (A) the duties of the Unidentified Aerial Phenomenon Task 
     Force, as in effect on the day before the date of the 
     enactment of this Act; and
       (B) such other duties as are required by this section.
       (2) Designation.--The office established under paragraph 
     (1) shall be known as the ``Anomaly Surveillance and 
     Resolution Office'' (in this section referred to as the 
     ``Office'').
       (3) Termination or subordination of prior task force.--Upon 
     the establishment of the Anomaly Surveillance and Resolution 
     Office, the Secretary shall terminate the Unidentified Aerial 
     Phenomenon Task Force or subordinate it to the Office.
       (b) Facilitation of Reporting and Data Sharing.--The 
     Director and the Secretary shall each, in coordination with 
     each other, require that--
       (1) each element of the intelligence community and the 
     Department, with any data that may be relevant to the 
     investigation of unidentified aerial phenomena, make such 
     data available immediately to the Office; and
       (2) military and civilian personnel employed by or under 
     contract to the Department or an element of the intelligence 
     community shall have access to procedures by which they shall 
     report incidents or information, including adverse 
     physiological effects, involving or associated with 
     unidentified aerial phenomena directly to the Office.
       (c) Duties.--The duties of the Office established under 
     subsection (a) shall include the following:
       (1) Developing procedures to synchronize and standardize 
     the collection, reporting, and analysis of incidents, 
     including adverse physiological effects, regarding 
     unidentified aerial phenomena across the Department and in 
     consultation with the intelligence community.
       (2) Developing processes and procedures to ensure that such 
     incidents from each component of the Department and each 
     element of the intelligence community are reported and 
     incorporated in a centralized repository.
       (3) Establishing procedures to require the timely and 
     consistent reporting of such incidents.
       (4) Evaluating links between unidentified aerial phenomena 
     and adversarial foreign governments, other foreign 
     governments, or nonstate actors.
       (5) Evaluating the threat that such incidents present to 
     the United States.
       (6) Consulting with other departments and agencies of the 
     Federal Government, as appropriate, including the Federal 
     Aviation Administration, the National Aeronautics and Space 
     Administration, the Department of Homeland Security, the 
     National Oceanic and Atmospheric Administration, and the 
     Department of Energy.
       (7) Consulting with allies and partners of the United 
     States, as appropriate, to better assess the nature and 
     extent of unidentified aerial phenomena.
       (8) Preparing reports for Congress, in both classified and 
     unclassified form, as required by subsections (h) and (i).
       (d) Employment of Line Organizations for Field 
     Investigations of Unidentified Aerial Phenomena.--
       (1) In general.--The Secretary shall, in coordination with 
     the Director, designate line organizations within the 
     Department of Defense and the intelligence community that 
     possess appropriate expertise, authorities, accesses, data, 
     systems, platforms, and capabilities to rapidly respond to, 
     and conduct field investigations of, incidents involving 
     unidentified aerial phenomena under the direction of the 
     Office.
       (2) Personnel, equipment, and resources.--The Secretary, in 
     coordination with the Director, shall take such actions as 
     may be necessary to ensure that the designated organization 
     or organizations have available adequate personnel with 
     requisite expertise, equipment, transportation, and other 
     resources necessary to respond rapidly to incidents or 
     patterns of observations of unidentified aerial phenomena of 
     which the Office becomes aware.
       (e) Utilization of Line Organizations for Scientific, 
     Technological, and Operational Analyses of Data on 
     Unidentified Aerial Phenomena.--
       (1) In general.--The Secretary, in coordination with the 
     Director, shall designate one or more line organizations that 
     will be primarily responsible for scientific, technical, and 
     operational analysis of data gathered by field investigations 
     conducted under subsection (d), or data from other sources, 
     including testing of materials, medical studies, and 
     development of theoretical models to better understand and 
     explain unidentified aerial phenomena.
       (2) Authority.--The Secretary and the Director shall 
     promulgate such directives as necessary to ensure that the 
     designated line organizations have authority to draw on 
     special expertise of persons outside the Federal Government 
     with appropriate security clearances.
       (f) Intelligence Collection and Analysis Plan.--
       (1) In general.--The head of the Office shall supervise the 
     development and execution of an intelligence collection and 
     analysis plan on behalf of the Secretary and the Director to 
     gain as much knowledge as possible regarding the technical 
     and operational characteristics, origins, and intentions of 
     unidentified aerial phenomena, including the development, 
     acquisition, deployment, and operation of technical 
     collection capabilities necessary to detect, identify, and 
     scientifically characterize unidentified aerial phenomena.
       (2) Use of resources and capabilities.--In developing the 
     plan required by paragraph (1), the head of the Office shall 
     consider and propose, as appropriate, the use of any 
     resource, capability, asset, or process of the Department and 
     the intelligence community.
       (g) Science Plan.--The head of the Office shall supervise 
     the development and execution of a science plan on behalf of 
     the Secretary and the Director to develop and test, as 
     practicable, scientific theories to account for 
     characteristics and performance of unidentified aerial 
     phenomena that exceed the known state of the art in science 
     or technology, including in the areas of propulsion, 
     aerodynamic control, signatures, structures, materials, 
     sensors, countermeasures, weapons, electronics, and power 
     generation, and to provide the foundation for potential 
     future investments to replicate any such advanced 
     characteristics and performance.
       (h) Assignment of Priority.--The Director, in consultation 
     with, and with the recommendation of the Secretary, shall 
     assign an appropriate level of priority within the National 
     Intelligence Priorities Framework to the requirement to 
     understand, characterize, and respond to unidentified aerial 
     phenomena.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     the work of the Office, including--

[[Page S8355]]

       (1) general intelligence gathering and intelligence 
     analysis; and
       (2) strategic defense, space defense, defense of controlled 
     air space, defense of ground, air, or naval assets, and 
     related purposes.
       (j) Annual Report.--
       (1) Requirement.--Not later than October 31, 2022, and 
     annually thereafter until October 31, 2026, the Secretary in 
     consultation with the Director, shall submit to the 
     appropriate committees of Congress a report on unidentified 
     aerial phenomena.
       (2) Elements.--Each report under paragraph (1) shall 
     include, with respect to the year covered by the report, the 
     following information:
       (A) An analysis of data and intelligence received through 
     reports of unidentified aerial phenomena.
       (B) An analysis of data relating to unidentified aerial 
     phenomena collected through--
       (i) geospatial intelligence
       (ii) signals intelligence;
       (iii) human intelligence; and
       (iv) measurement and signals intelligence.
       (C) The number of reported incidents of unidentified aerial 
     phenomena over restricted air space of the United States.
       (D) An analysis of such incidents identified under 
     subparagraph (C).
       (E) Identification of potential aerospace or other threats 
     posed by unidentified aerial phenomena to the national 
     security of the United States.
       (F) An assessment of any activity regarding unidentified 
     aerial phenomena that can be attributed to one or more 
     adversarial foreign governments.
       (G) Identification of any incidents or patterns regarding 
     unidentified aerial phenomena that indicate a potential 
     adversarial foreign government may have achieved a 
     breakthrough aerospace capability.
       (H) An update on the coordination by the United States with 
     allies and partners on efforts to track, understand, and 
     address unidentified aerial phenomena.
       (I) An update on any efforts to capture or exploit 
     discovered unidentified aerial phenomena.
       (J) An assessment of any health-related effects for 
     individuals who have encountered unidentified aerial 
     phenomena.
       (K) The number of reported incidents, and descriptions 
     thereof, of unidentified aerial phenomena associated with 
     military nuclear assets, including strategic nuclear weapons 
     and nuclear-powered ships and submarines.
       (L) In consultation with the Administrator of the National 
     Nuclear Security Administration, the number of reported 
     incidents, and descriptions thereof, of unidentified aerial 
     phenomena associated with facilities or assets associated 
     with the production, transportation, or storage of nuclear 
     weapons or components thereof.
       (M) In consultation with the Chairman of the Nuclear 
     Regulatory Commission, the number of reported incidents, and 
     descriptions thereof, of unidentified aerial phenomena or 
     drones of unknown origin associated with nuclear power 
     generating stations, nuclear fuel storage sites, or other 
     sites or facilities regulated by the Nuclear Regulatory 
     Commission.
       (N) The names of the line organizations that have been 
     designated to perform the specific functions imposed by 
     subsections (d) and (e) of this section, and the specific 
     functions for which each such line organization has been 
     assigned primary responsibility.
       (3) Form.-- Each report submitted under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (k) Semiannual Briefings.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act and not less frequently than 
     semiannually thereafter until December 31, 2026, the head of 
     the Office shall provide the classified briefings on 
     unidentified aerial phenomena to--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) First briefing.--The first briefing provided under 
     paragraph (1) shall include all incidents involving 
     unidentified aerial phenomena that were reported to the 
     Unidentified Aerial Phenomena Task Force or to the Office 
     after June 24, 2021, regardless of the date of occurrence of 
     the incident.
       (3) Subsequent briefings.--Each briefing provided 
     subsequent to the first briefing described in paragraph (2) 
     shall include, at a minimum, all events relating to 
     unidentified aerial phenomena that occurred during the 
     previous 180 days, and events relating to unidentified aerial 
     phenomena that were not included in an earlier briefing due 
     to delay in an incident reaching the reporting system or 
     other such factors.
       (4) Instances in which data was not shared.--For each 
     briefing period, the Chairman and Vice Chairman or Ranking 
     Member of the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     Armed Services and the Permanent Select Committee on 
     Intelligence of the House of Representatives shall receive an 
     enumeration of any instances in which data related to 
     unidentified aerial phenomena was denied to the Office 
     because of classification restrictions on that data or for 
     any other reason.
       (l) Aerial and Transmedium Phenomena Advisory Committee.--
       (1) Establishment.--(A) Not later than October 1, 2022, the 
     Secretary and the Director shall establish an advisory 
     committee for the purpose of--
       (i) advising the Office in the execution of the duties of 
     the Office as provided by this subsection; and
       (ii) advising the Secretary and the Director regarding the 
     gathering and analysis of data, and scientific research and 
     development pertaining to unidentified aerial phenomena.
       (B) The advisory committee established under subparagraph 
     (A) shall be known as the ``Aerial and Transmedium Phenomena 
     Advisory Committee'' (in this subparagraph the 
     ``Committee'').
       (2) Membership.--(A) Subject to subparagraph (B), the 
     Committee shall be composed of members as follows:
       (i) 20 members selected by the Secretary as follows:
       (I) Three members selected from among individuals 
     recommended by the Administrator of the National Astronautics 
     and Space Administration.
       (II) Two members selected from among individuals 
     recommended by the Administrator of the Federal Aviation 
     Administration.
       (III) Two members selected from among individuals 
     recommended by the President of the National Academies of 
     Sciences.
       (IV) Two members selected from among individuals 
     recommended by the President of the National Academy of 
     Engineering.
       (V) One member selected from among individuals recommended 
     by the President of the National Academy of Medicine.
       (VI) Three members selected from among individuals 
     recommended by the Director of the Galileo Project at Harvard 
     University.
       (VII) Two members selected from among individuals 
     recommended by the Board of Directors of the Scientific 
     Coalition for Unidentified Aerospace Phenomena Studies.
       (VIII) Two members selected from among individuals 
     recommended by the President of the American Institute of 
     Astronautics and Aeronautics.
       (IX) Two members selected from among individuals 
     recommended by the Director of the Optical Technology Center 
     at Montana State University.
       (X) One member selected from among individuals recommended 
     by the president of the American Society for Photogrammetry 
     and Remote Sensing.
       (ii) Up to five additional members, as the Secretary, in 
     consultation with the Director, considers appropriate, 
     selected from among individuals with requisite expertise, at 
     least 3 of whom shall not be employees of any Federal 
     Government agency or Federal Government contractor.
       (B) No individual may be appointed to the Committee under 
     subparagraph (A) unless the Secretary and the Directly 
     jointly determine that the individual--
       (i) qualifies for a security clearance at the secret level 
     or higher;
       (ii) possesses scientific, medical, or technical expertise 
     pertinent to some aspect of the investigation and analysis of 
     unidentified aerial phenomena; and
       (iii) has previously conducted research or writing that 
     demonstrates scientific, technological, or operational 
     knowledge regarding aspects of the subject matter, including 
     propulsion, aerodynamic control, signatures, structures, 
     materials, sensors, countermeasures, weapons, electronics, 
     power generation, field investigations, forensic examination 
     of particular cases, analysis of open source and classified 
     information regarding domestic and foreign research and 
     commentary, and historical information pertaining to 
     unidentified aerial phenomena.
       (C) The Secretary and Director may terminate the membership 
     of any individual on the Committee upon a finding by the 
     Secretary and the Director jointly that the member no longer 
     meets the criteria specified in this subsection.
       (3) Chairperson.--The Secretary shall, in coordination with 
     the Director, designate a temporary Chairperson of the 
     Committee, but at the earliest practicable date the Committee 
     shall elect a Chairperson from among its members, who will 
     serve a term of 2 years, and is eligible for re-election.
       (4) Expert assistance, advice, and recommendations.--(A) 
     The Committee may, upon invitation of the head of the Office, 
     provide expert assistance or advice to any line organization 
     designated to carry out field investigations or data analysis 
     as authorized by subsections (d) and (e).
       (B) The Committee, on its own initiative, or at the request 
     of the Director, the Secretary, or the head of the Office, 
     may provide advice and recommendations regarding best 
     practices with respect to the gathering and analysis of data 
     on unidentified aerial phenomena in general, or commentary 
     regarding specific incidents, cases, or classes of 
     unidentified aerial phenomena.
       (5) Report.--Not later than December 31, 2022, and not 
     later than December 31 of each year thereafter, the Committee 
     shall submit a report summarizing its activities and 
     recommendations to the following:
       (A) The Secretary.
       (B) The Director.
       (C) The head of the Office.
       (D) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       (E) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (6) Relation to faca.--For purposes of the Federal Advisory 
     Committee Act (5 U.S.C. App.), the Committee shall be 
     considered an

[[Page S8356]]

     advisory committee (as defined in section 3 of such Act, 
     except as otherwise provided in the section or as jointly 
     deemed warranted by the Secretary and the Director under 
     section 4(b)(3) of such Act.
       (7) Termination of committee.--The Committee shall 
     terminate on the date that is six years after the date of the 
     establishment of the Committee.
       (m) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Select Committee 
     on Intelligence, the Committee on Foreign Relations, and the 
     Committee on Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, the Committee on Foreign Affairs, 
     and the Committee on Appropriations of the House of 
     Representatives.
       (2) The term ``intelligence community'' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
       (3) The term ``transmedium objects or devices'' means 
     objects or devices that are observed to transition between 
     space and the atmosphere, or between the atmosphere and 
     bodies of water, that are not immediately identifiable.
       (4) The term ``unidentified aerial phenomena'' means--
       (A) airborne objects that are not immediately identifiable;
       (B) transmedium objects or devices; and
       (C) submerged objects or devices that are not immediately 
     identifiable and that display behavior or performance 
     characteristics suggesting that they may be related to the 
     subjects described in subparagraph (A) or (B).
                                 ______
                                 
  SA 4738. Mr. MENENDEZ (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

Subtitle H--U.S.-Greece Defense and Interparliamentary Partnership Act 
                                of 2021

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``U.S.-Greece Defense and 
     Interparliamentary Partnership Act of 2021''.

     SEC. 1292. FINDINGS.

       Congress makes the following findings:
       (1) The United States and Greece are strong allies in the 
     North Atlantic Treaty Organization (NATO) and have deepened 
     their defense relationship in recent years in response to 
     growing security challenges in the Eastern Mediterranean 
     region.
       (2) Greece participates in several NATO missions, including 
     Operation Sea Guardian in the Mediterranean and NATO's 
     mission in Kosovo.
       (3) The Eastern Mediterranean Security and Energy 
     Partnership Act (title II of division J of Public Law 116-
     94), authorized new security assistance for Greece and 
     Cyprus, lifted the United States prohibition on arms 
     transfers to Cyprus, and authorized the establishment of a 
     United States-Eastern Mediterranean Energy Center to 
     facilitate energy cooperation among the United States, 
     Greece, Israel, and Cyprus.
       (4) The United States has demonstrated its support for the 
     trilateral partnership of Greece, Israel, and Cyprus through 
     joint engagement with Cyprus, Greece, Israel, and the United 
     States in the ``3+1'' format.
       (5) The United States and Greece have held Strategic 
     Dialogue meetings in Athens, Washington D.C., and virtually, 
     and have committed to hold an upcoming Strategic Dialogue 
     session in 2021 in Washington, D.C.
       (6) In October 2019, the United States and Greece agreed to 
     update the United States-Greece Mutual Defense Cooperation 
     Agreement, and the amended agreement officially entered into 
     force on February 13, 2020.
       (7) The amended Mutual Defense Cooperation Agreement 
     provides for increased joint United States-Greece and NATO 
     activities at Greek military bases and facilities in Larissa, 
     Stefanovikio, Alexandroupolis, and other parts of central and 
     northern Greece, and allows for infrastructure improvements 
     at the United States Naval Support Activity Souda Bay base on 
     Crete.
       (8) In October 2020, Greek Foreign Minister Nikos Dendias 
     announced that Greece hopes to further expand the Mutual 
     Defense Cooperation Agreement with the United States.
       (9) The United States Naval Support Activity Souda Bay 
     serves as a critical naval logistics hub for the United 
     States Navy's 6th Fleet.
       (10) In June 2020, United States Ambassador to Greece 
     Geoffrey Pyatt characterized the importance of Naval Support 
     Activity Souda Bay as ``our most important platform for the 
     projection of American power into a strategically dynamic 
     Eastern Mediterranean region. From Syria to Libya to the 
     chokepoint of the Black Sea, this is a critically important 
     asset for the United States, as our air force, naval, and 
     other resources are applied to support our Alliance 
     obligations and to help bring peace and stability.''.
       (11) The USS Hershel ``Woody'' Williams, the second of a 
     new class of United States sea-basing ships, is now based out 
     of Souda Bay, the first permanent United States naval 
     deployment at the base.
       (12) The United States cooperates with the Hellenic Armed 
     Forces at facilities in Larissa, Stefanovikio, and 
     Alexandroupolis, where the United States Armed Forces conduct 
     training, refueling, temporary maintenance, storage, and 
     emergency response.
       (13) The United States has conducted a longstanding 
     International Military Education and Training (IMET) program 
     with Greece, and the Government of Greece has committed to 
     provide $3 for every dollar invested by the United States in 
     the program.
       (14) Greece's defense spending in 2020 amounted to an 
     estimated 2.68 percent of its gross domestic product (GDP), 
     exceeding NATO's 2 percent of GDP benchmark agreed to at the 
     2014 NATO Summit in Wales.
       (15) Greece is eligible for the delivery of excess defense 
     articles under section 516(c)(2) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2321j(c)(2)).
       (16) In September 2020, Greek Prime Minister Kyriakos 
     Mitsotakis announced plans to modernize all three branches of 
     the Hellenic Armed Forces, which will strengthen Greece's 
     military position in the Eastern Mediterranean.
       (17) The modernization includes upgrades to the arms of all 
     three branches, including new anti-tank weapons for the 
     Hellenic Army, new heavy-duty torpedoes for the Hellenic 
     Navy, and new guided missiles for the Hellenic Air Force.
       (18) The Hellenic Navy also plans to upgrade its four MEKO 
     200HN frigates and purchase four new multirole frigates of an 
     undisclosed type, to be accompanied by 4 MH-60R anti-
     submarine helicopters.
       (19) The Hellenic Air Force plans to fully upgrade its 
     fleet of F-16 jets to the F-16 Viper variant by 2027 and has 
     expressed interest in participating in the F-35 Joint Strike 
     Fighter program.

     SEC. 1293. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) Greece is a pillar of stability in the Eastern 
     Mediterranean region and the United States should remain 
     committed to supporting its security and prosperity;
       (2) the 3+1 format of cooperation among Cyprus, Greece, 
     Israel, and the United States has been a successful forum to 
     cooperate on energy issues and should be expanded to include 
     other areas of common concern to the members;
       (3) the United States should increase and deepen efforts to 
     partner with and support the modernization of the Greek 
     military;
       (4) it is in the interests of the United States that Greece 
     continue to transition its military equipment away from 
     Russian-produced platforms and weapons systems through the 
     European Recapitalization Incentive Program;
       (5) the United States Government should continue to deepen 
     strong partnerships with the Greek military, especially in 
     co-development and co-production opportunities with the Greek 
     Navy;
       (6) the naval partnerships with Greece at Souda Bay and 
     Alexandroupolis are mutually beneficial to the national 
     security of the United States and Greece;
       (7) the United States should, as appropriate, support the 
     sale of F-35 Joint Strike Fighters to Greece;
       (8) the United States Government should continue to invest 
     in International Military Education and Training (IMET) 
     programs in Greece;
       (9) the United States Government should support joint 
     maritime security cooperation exercises with Cyprus, Greece, 
     and Israel;
       (10) in accordance with its legal authorities and project 
     selection criteria, the United States Development Finance 
     Corporation should consider supporting private investment in 
     strategic infrastructure projects in Greece, to include 
     shipyards and ports that contribute to the security of the 
     region and Greece's prosperity;
       (11) the extension of the Mutual Defense Cooperation 
     Agreement with Greece for a period of five years includes 
     deepened partnerships at Greek military facilities throughout 
     the country and is a welcome development; and
       (12) the United States Government should establish the 
     United States-Eastern Mediterranean Energy Center as 
     authorized in the Eastern Mediterranean Energy and Security 
     Partnership Act of 2019.

     SEC. 1294. FUNDING FOR EUROPEAN RECAPITALIZATION INCENTIVE 
                   PROGRAM.

       (a) In General.--To the maximum extent feasible, of the 
     funds appropriated for the European Recapitalization 
     Incentive Program, $25,000,000 for each of fiscal years 2022 
     through 2026 should be considered for Greece as appropriate 
     to assist the country in meeting its defense needs and 
     transitioning away from Russian-produced military equipment.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report that 
     provides a full accounting of all funds distributed under the 
     European Recapitalization Incentive Program, including--
       (1) identification of each recipient country;
       (2) a description of how the funds were used; and
       (3) an accounting of remaining equipment in recipient 
     countries that was provided by the then-Soviet Union or 
     Russian Federation.

[[Page S8357]]

  


     SEC. 1295. SENSE OF CONGRESS ON LOAN PROGRAM.

       It is the sense of Congress that, as appropriate, the 
     United States Government should provide direct loans to 
     Greece for the procurement of defense articles, defense 
     services, and design and construction services pursuant to 
     the authority of section 23 of the Arms Export Control Act 
     (22 U.S.C. 2763) to support the further development of 
     Greece's military forces.

     SEC. 1296. TRANSFER OF F-35 JOINT STRIKE FIGHTER AIRCRAFT TO 
                   GREECE.

       The President is authorized to expedite delivery of any 
     future F-35 aircraft to Greece once Greece is prepared to 
     move forward with such a purchase on such terms and 
     conditions as the President may require. Such transfer shall 
     be submitted to Congress pursuant to the certification 
     requirements under section 36 of the Arms Export Control Act 
     (22 U.S.C. 2776).

     SEC. 1297. IMET COOPERATION WITH GREECE.

       For each of fiscal years 2022 through 2026, $1,800,000 is 
     authorized to be appropriated for International Military 
     Education and Training assistance for Greece, which may be 
     made available for the following purposes:
       (1) Training of future leaders.
       (2) Fostering a better understanding of the United States.
       (3) Establishing a rapport between the United States Armed 
     Forces and Greece's military to build partnerships for the 
     future.
       (4) Enhancement of interoperability and capabilities for 
     joint operations.
       (5) Focusing on professional military education, civilian 
     control of the military, and protection of human rights.

     SEC. 1298. CYPRUS, GREECE, ISRAEL, AND THE UNITED STATES 3+1 
                   INTERPARLIAMENTARY GROUP.

       (a) Establishment.--There is established a group, to be 
     known as the ``Cyprus, Greece, Israel, and the United States 
     3+1 Interparliamentary Group'', to serve as a legislative 
     component to the 3+1 process launched in Jerusalem in March 
     2019.
       (b) Membership.--The Cyprus, Greece, Israel, and the United 
     States 3+1 Interparliamentary Group shall include a group of 
     not more than 6 United States Senators, to be known as the 
     ``United States group'', who shall be appointed jointly by 
     the majority leader and the minority leader of the Senate.
       (c) Meetings.--Not less frequently than once each year, the 
     United States group shall meet with members of the 3+1 group 
     to discuss issues on the agenda of the 3+1 deliberations of 
     the Governments of Greece, Israel, Cyprus, and the United 
     States to include maritime security, defense cooperation, 
     energy initiatives, and countering malign influence efforts 
     by the People's Republic of China and the Russian Federation.
       (d) Termination.--The Cyprus, Greece, Israel, and the 
     United States 3+1 Interparliamentary Group shall terminate 4 
     years after the date of the enactment of this Act.

     SEC. 1299. APPROPRIATE CONGRESSIONAL COMMITTEES.

       In this subtitle, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 4739. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. ACQUISITION STRATEGY TO MODERNIZE AIR FORCE FIGHTER 
                   PROPULSION SYSTEM.

       (a) In General.--Not later than 14 days after the date on 
     which the budget of the President for fiscal year 2023 is 
     submitted to Congress pursuant to section 1105 of title 31, 
     United States Code, the Under Secretary of Defense for 
     Acquisition and Sustainment shall submit to the congressional 
     defense committees a report on the modernization of the 
     fighter propulsion system or the integration of new 
     technology, including the Adaptive Engine Transition Program 
     propulsion system, into new fighters, including the Joint 
     Strike Fighter (JSF) and the Next Generation Air Dominance 
     programs.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) A cost benefit analysis of--
       (A) integrating the Adaptive Engine Transition Program 
     propulsion system into each of the Joint Strike Fighter 
     aircraft variants;
       (B) modernizing or upgrading the existing F135 propulsion 
     system on the Joint Strike Fighter variants;
       (C) future associated infrastructure and sustainment costs 
     of the modernized engine;
       (D) cost savings associated with variant and Partner 
     commonality; and
       (E) assess all activities and costs to retrofit and sustain 
     all Joint Strike Fighter with a modernized propulsion system.
       (2) An implementation plan to implement such strategy.
       (3) A cost benefit analysis of--
       (A) integrating Adaptive Engine Transition Program 
     technology into Next Generation Air Dominance programs; and
       (B) modernizing or upgrading the existing F135 propulsion 
     systems into the Next Generation Air Dominance programs.
       (4) A schedule annotating pertinent milestones and yearly 
     fiscal resource requirements for the implementation of a 
     modernized F135 propulsion system.
       (5) A schedule of milestones and yearly financial resource 
     requirements for the implementation of the Adaptive Engine 
     Transition Program.
                                 ______
                                 
  SA 4740. Ms. SMITH (for herself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title X, add the following:

   Subtitle H--Rural Maternal and Obstetric Modernization of Services

     SEC. 1071. IMPROVING RURAL MATERNAL AND OBSTETRIC CARE DATA.

       (a) Maternal Mortality and Morbidity Activities.--Section 
     301(e) of the Public Health Service Act (42 U.S.C. 241) is 
     amended by inserting ``, preventable maternal mortality and 
     severe maternal morbidity,'' after ``delivery''.
       (b) Office of Women's Health.--Section 310A(b)(1) of the 
     Public Health Service Act (42 U.S.C. 242s(b)(1)) is amended 
     by striking ``and sociocultural contexts,'' and inserting 
     ``sociocultural (including among American Indians, Native 
     Hawaiians, and Alaska Natives), and geographical contexts,''.
       (c) Safe Motherhood.--Section 317K of the Public Health 
     Service Act (42 U.S.C. 247b-12) is amended--
       (1) in subsection (a)(2)(A), by inserting ``, including 
     improving disaggregation of data (in a manner consistent with 
     applicable State and Federal privacy laws)'' before the 
     period; and
       (2) in subsection (b)(2)--
       (A) in subparagraph (L), by striking ``and'' at the end;
       (B) by redesignating subparagraph (M) as subparagraph (N); 
     and
       (C) by inserting after subparagraph (L) the following:
       ``(M) an examination of the relationship between maternal 
     health and obstetric services in rural areas and outcomes in 
     delivery and postpartum care; and''.
       (d) Office of Research on Women's Health.--Section 
     486(d)(4)(A)(iv) of the Public Health Service Act (42 U.S.C. 
     287d(d)(4)(A)(iv)) is amended by inserting ``, including 
     preventable maternal mortality and severe maternal 
     morbidity'' before the semicolon.

     SEC. 1072. RURAL OBSTETRIC NETWORK GRANTS.

       The Public Health Service Act is amended by inserting after 
     section 330A-1 of such Act (42 U.S.C. 254c-1a) the following:

     ``SEC. 330A-2. RURAL OBSTETRIC NETWORK GRANTS.

       ``(a) Program Established.--The Secretary shall award 
     grants or cooperative agreements to eligible entities to 
     establish collaborative improvement and innovation networks 
     (referred to in this section as `rural obstetric networks') 
     to improve maternal and infant health outcomes and reduce 
     preventable maternal mortality and severe maternal morbidity 
     by improving maternity care and access to care in rural 
     areas, frontier areas, maternity care health professional 
     target areas, or jurisdictions of Indian Tribes and Tribal 
     organizations.
       ``(b) Use of Funds.--Grants or cooperative agreements 
     awarded pursuant to this section shall be used for the 
     establishment or continuation of collaborative improvement 
     and innovation networks to improve maternal and infant health 
     outcomes and reduce preventable maternal mortality and severe 
     maternal morbidity by improving prenatal care, labor care, 
     birthing, and postpartum care services in rural areas. Rural 
     obstetric networks established in accordance with this 
     section may--
       ``(1) develop a network to improve coordination and 
     increase access to maternal health care and assist pregnant 
     women in the areas described in subsection (a) with accessing 
     and utilizing prenatal care, labor care, birthing, and 
     postpartum care services to improve outcomes in birth and 
     maternal mortality and morbidity;
       ``(2) identify and implement evidence-based and sustainable 
     delivery models for providing prenatal care, labor care, 
     birthing, and postpartum care services, including home 
     visiting programs and culturally appropriate care models that 
     reduce health disparities;
       ``(3) develop a model for maternal health care 
     collaboration between health care settings to improve access 
     to care in areas described in subsection (a), which may 
     include the use of telehealth;

[[Page S8358]]

       ``(4) provide training for professionals in health care 
     settings that do not have specialty maternity care;
       ``(5) collaborate with academic institutions that can 
     provide regional expertise and help identify barriers to 
     providing maternal health care, including strategies for 
     addressing such barriers; and
       ``(6) assess and address disparities in infant and maternal 
     health outcomes, including among racial and ethnic minority 
     populations and underserved populations in such areas 
     described in subsection (a).
       ``(c) Definitions.--In this section:
       ``(1) Eligible entities.--The term `eligible entities' 
     means entities providing prenatal care, labor care, birthing, 
     and postpartum care services in rural areas, frontier areas, 
     or medically underserved areas, or to medically underserved 
     populations or Indian Tribes or Tribal organizations.
       ``(2) Frontier area.--The term `frontier area' means a 
     frontier county, as defined in section 
     1886(d)(3)(E)(iii)(III) of the Social Security Act.
       ``(3) Indian tribes; tribal organization.--The terms 
     `Indian Tribe' and `Tribal organization' have the meanings 
     given the terms `Indian tribe' and `tribal organization' in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act.
       ``(4) Maternity care health professional target area.--The 
     term `maternity care health professional target area' has the 
     meaning described in section 332(k)(2).
       ``(d) Report to Congress.--Not later than September 30, 
     2025, the Secretary shall submit to Congress a report on 
     activities supported by grants awarded under this section, 
     including--
       ``(1) a description of activities conducted pursuant to 
     paragraphs (1) through (6) of subsection (b); and
       ``(2) an analysis of the effects of rural obstetric 
     networks on improving maternal and infant health outcomes.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $3,000,000 for each of fiscal years 2022 through 2026.''.

     SEC. 1073. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS 
                   GRANT PROGRAMS.

       Section 330I of the Public Health Service Act (42 U.S.C. 
     254c-14) is amended--
       (1) in subsection (f)(3), by adding at the end the 
     following:
       ``(M) Providers of prenatal, labor care, birthing, and 
     postpartum care services, including hospitals that operate 
     obstetric care units.''; and
       (2) in subsection (h)(1)(B), by striking ``or prenatal care 
     for high-risk pregnancies'' and inserting ``prenatal care, 
     labor care, birthing care, or postpartum care''.

     SEC. 1074. RURAL MATERNAL AND OBSTETRIC CARE TRAINING 
                   DEMONSTRATION.

       Subpart 1 of part E of title VII of the Public Health 
     Service Act (42 U.S.C. 294n et seq.) is amended by adding at 
     the end the following:

     ``SEC. 764. RURAL MATERNAL AND OBSTETRIC CARE TRAINING 
                   DEMONSTRATION.

       ``(a) In General.--The Secretary shall award grants to 
     accredited schools of allopathic medicine, osteopathic 
     medicine, and nursing, and other appropriate health 
     professional training programs, to establish a training 
     demonstration program to support--
       ``(1) training for physicians, medical residents, fellows, 
     nurse practitioners, physician assistants, nurses, certified 
     nurse midwives, relevant home visiting workforce 
     professionals and paraprofessionals, or other professionals 
     who meet relevant State training and licensing requirements, 
     as applicable, to reduce preventable maternal mortality and 
     severe maternal morbidity by improving prenatal care, labor 
     care, birthing, and postpartum care in rural community-based 
     settings; and
       ``(2) developing recommendations for such training 
     programs.
       ``(b) Application.--To be eligible to receive a grant under 
     subsection (a), an entity shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(c) Activities.--
       ``(1) Training for health care professionals.-- A recipient 
     of a grant under subsection (a)--
       ``(A) shall use the grant funds to plan, develop, and 
     operate a training program to provide prenatal care, labor 
     care, birthing, and postpartum care in rural areas; and
       ``(B) may use the grant funds to provide additional support 
     for the administration of the program or to meet the costs of 
     projects to establish, maintain, or improve faculty 
     development, or departments, divisions, or other units 
     necessary to implement such training.
       ``(2) Training program requirements.--The recipient of a 
     grant under subsection (a) shall ensure that training 
     programs carried out under the grant are evidence-based and 
     address improving prenatal care, labor care, birthing, and 
     postpartum care in rural areas, and such programs may include 
     training on topics such as--
       ``(A) maternal mental health, including perinatal 
     depression and anxiety;
       ``(B) substance use disorders;
       ``(C) social determinants of health that affect individuals 
     living in rural areas; and
       ``(D) improving 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.
       ``(d) Evaluation and Report.--
       ``(1) Evaluation.--
       ``(A) In general.--The Secretary shall evaluate the 
     outcomes of the demonstration program under this section.
       ``(B) Data submission.--Recipients of a grant under 
     subsection (a) shall submit to the Secretary performance 
     metrics and other related data in order to evaluate the 
     program for the report described in paragraph (2).
       ``(2) Report to congress.--Not later than January 1, 2025, 
     the Secretary shall submit to Congress a report that 
     includes--
       ``(A) an analysis of the effects of the demonstration 
     program under this section on the quality, quantity, and 
     distribution of maternal health care services, including 
     prenatal care, labor care, birthing, and postpartum care 
     services, and the demographics of the recipients of those 
     services;
       ``(B) an analysis of maternal and infant health outcomes 
     (including quality of care, morbidity, and mortality) before 
     and after implementation of the program in the communities 
     served by entities participating in the demonstration; and
       ``(C) recommendations on whether the demonstration program 
     should be continued.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $5,000,000 for each of fiscal years 2022 through 2026.''.
                                 ______
                                 
  SA 4741. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1064. ENHANCED AUTHORITY TO SHARE INFORMATION WITH 
                   RESPECT TO MERCHANDISE SUSPECTED OF VIOLATING 
                   INTELLECTUAL PROPERTY RIGHTS.

       Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) is 
     amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) shall provide to the person information that appears 
     on the merchandise, including--
       ``(A) its packaging, materials, and containers, including 
     labels; and
       ``(B) its packing materials and containers, including 
     labels; and''; and
       (2) in subsection (b)--
       (A) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) any other party with an interest in the merchandise, 
     as determined appropriate by the Commissioner.''.
                                 ______
                                 
  SA 4742. Mr. BRAUN 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 G of title X, add the following:

     SEC. 1064. SENSE OF CONGRESS REGARDING CRISIS AT THE 
                   SOUTHWEST LAND BORDER.

       (a) Findings.--Congress makes the following findings:
       (1) During fiscal year 2021, there were more than 1,600,000 
     illegal crossings across the southwest land border of the 
     United States.
       (2) The 213,593 migrant encounters along the southwest 
     border in July 2021 was a 21-year high.
       (3) During October 2021, U.S. Customs and Border Protection 
     intercepted 33,500 pounds of drugs along the southwest 
     border.
       (4) Noncitizens with criminal convictions are routinely 
     encountered at ports of entry and between ports of entry 
     along the southwest border.
       (5) Some of the inadmissible individuals encountered along 
     the southwest border are known or suspected terrorists.
       (6) Transnational criminal organizations routinely move 
     illicit drugs, counterfeit products, and trafficked humans 
     across the southwest border.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the current level of illegal crossings and trafficking 
     on the southwest land border of the United States represents 
     a crisis and a national security threat;
       (2) the Department of Defense has rightly contributed 
     personnel to aid the efforts of the United States Government 
     to address the crisis and national security threat at the 
     southwest border;
       (3) the National Guard and active duty members of the 
     United States Armed Forces

[[Page S8359]]

     are to be commended for their hard work and dedication in 
     their response to the crisis along the southwest border; and
       (4) border security is a matter of national security and 
     the failure to address the crisis along the southwest border 
     introduces significant risk to the people of the United 
     States.
                                 ______
                                 
  SA 4743. Mr. BENNET (for himself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. 1216. REPORTS AND BRIEFINGS REGARDING OVERSIGHT OF 
                   AFGHANISTAN.

       (a) Reports.--Not later than 180 days after the date of the 
     enactment of this Act, and annually thereafter until December 
     31, 2026, the Secretary of Defense, in coordination with the 
     Director of National Intelligence, shall submit to the 
     appropriate congressional committees a report on Afghanistan. 
     The report shall address, with respect to Afghanistan, the 
     following matters:
       (1) An assessment of the terrorist threat to the United 
     States posed by terrorist organizations in Afghanistan.
       (2) A description of the intelligence collection posture on 
     terrorist organizations in Afghanistan, including al-Qaeda 
     and ISIS-K.
       (3) A description of the intelligence collection posture on 
     the Taliban defense and security forces.
       (4) An assessment of the status of any military cooperation 
     between the Taliban and China, Russia, or Iran.
       (5) An assessment of changes in the ability of al-Qaeda and 
     ISIS-K to conduct operations outside of Afghanistan against 
     the United States and United States allies.
       (6) A current assessment of counterterrorism capabilities 
     of the United States to remove the terrorist threat in 
     Afghanistan.
       (7) An assessment of counterterrorism capabilities of 
     United States allies and partners in Afghanistan and their 
     willingness to participate in counterterrorism operations.
       (8) The location of such counterterrorism capabilities, to 
     include the current locations of the forces and any plans to 
     adjust such locations.
       (9) Any plans to expand or adjust such counterterrorism 
     capabilities in the future to account for evolving terrorist 
     threats in Afghanistan.
       (10) An assessment of the quantity and types of United 
     States military equipment remaining in Afghanistan, including 
     an indication of whether the Secretary plans to leave, 
     recover, or destroy such equipment.
       (11) Contingency plans for the retrieval or hostage rescue 
     of United States citizens and legal permanent residents 
     located in Afghanistan.
       (12) Contingency plans related to the continued evacuation 
     of Afghans who hold special immigrant visa status under 
     section 602 of the Afghan Allies Protection Act of 2009 
     (title VI of division F of Public Law 110-8; 8 U.S.C. 1101 
     note) or who have filed a petition for such status, following 
     the withdraw of the United States Armed Forces from 
     Afghanistan.
       (13) Any other matters the Secretary determines 
     appropriate.
       (b) Briefings.--Not later than 180 days after the date of 
     the enactment of this Act, and on a biannual basis thereafter 
     until December 31, 2026, the Secretary of Defense shall 
     provide to the appropriate congressional committees a 
     briefing on the matters specified in subsection (a).
       (c) Form.--The reports and briefings under this section may 
     be submitted in either unclassified or classified form, as 
     determined appropriate by the Secretary.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Select Committee 
     on Intelligence, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 4744. Mr. BENNET (for himself and Mr. Sasse) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. NATIONAL TECHNOLOGY STRATEGY.

       (a) In General.--Each year, the President shall submit to 
     Congress a comprehensive report on the technology strategy of 
     the United States designed to maintain United States 
     leadership in critical and emerging technologies essential to 
     United States national security and economic prosperity.
       (b) Elements.--Each National Technology Strategy developed 
     and submitted under subsection (a) shall contain at least the 
     following elements:
       (1) An assessment of the efforts of the United States 
     Government to preserve United States leadership in key 
     emerging technologies and prevent United States strategic 
     competitors from leveraging advanced technologies to gain 
     strategic military or economic advantages over the United 
     States.
       (2) A review of existing United States Government 
     technology policy, including long-range goals.
       (3) An analysis of technology trends and assessment of the 
     relative competitiveness of United States technology sectors 
     in relation to strategic competitors.
       (4) Identification of sectors critical for the long-term 
     resilience of United States innovation leadership across 
     design, manufacturing, supply chains, and markets.
       (5) Recommendations for domestic policy incentives to 
     sustain an innovation economy and develop specific, high-cost 
     sectors necessary for long-term national security ends.
       (6) Recommendations for policies to protect United States 
     and leadership of allies of the United States in critical 
     areas through targeted export controls, investment screening, 
     and counterintelligence activities.
       (7) Identification of priority domestic research and 
     development areas critical to national security and necessary 
     to sustain United States leadership, and directing funding to 
     fill gaps in basic and applied research where the private 
     sector does not focus.
       (8) Recommendations for talent programs to grow United 
     States talent in key critical and emerging technologies and 
     enhance the ability of the Federal Government to recruit and 
     retain individuals with critical skills into Federal service.
       (9) Methods to foster the development of international 
     partnerships to reinforce domestic policy actions, build new 
     markets, engage in collaborative research, and create an 
     international environment that reflects United States values 
     and protects United States interests.
       (10) A technology annex, which may be classified, to 
     establish an integrated and enduring approach to the 
     identification, prioritization, development, and fielding of 
     emerging technologies.
       (11) Such other information as may be necessary to help 
     inform Congress on matters relating to the technology 
     strategy of the United States and related implications for 
     United States national security.
                                 ______
                                 
  SA 4745. Mr. GRASSLEY (for himself and Mr. Warnock) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. _____. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.

       Section 5323 of title 31, United States Code, as amended by 
     section 6314 of the Anti-Money Laundering Act of 2020 
     (division F of Public Law 116-283) is amended by striking 
     subsection (b) and inserting the following:
       ``(b) Awards.--
       ``(1) In general.--In any covered judicial or 
     administrative action, or related action, the Secretary, 
     under regulations prescribed by the Secretary, in 
     consultation with the Attorney General and subject to 
     subsection (c), shall pay an award or awards to 1 or more 
     whistleblowers who voluntarily provided original information 
     to the employer of the individual, the Secretary, or the 
     Attorney General, as applicable, that led to the successful 
     enforcement of the covered judicial or administrative action, 
     or related action, in an aggregate amount equal to--
       ``(A) not less than 10 percent, in total, of what has been 
     collected of the monetary sanctions imposed in the action or 
     related actions; and
       ``(B) not more than 30 percent, in total, of what has been 
     collected of the monetary sanctions imposed in the action or 
     related actions.
       ``(2) Payment of awards.--Any amount paid under paragraph 
     (1) shall be paid from the Fund established under paragraph 
     (3).
       ``(3) Source of awards.--
       ``(A) In general.--There shall be established in the 
     Treasury of the United States a revolving fund to be known as 
     the Financial Integrity Fund (referred to in this subsection 
     as the `Fund').
       ``(B) Use of fund.--The Fund shall be available to the 
     Secretary, without further appropriation or fiscal year 
     limitations, only for the payment of awards to whistleblowers 
     as provided in subsection (b).
       ``(C) Restrictions on use of fund.--The Fund shall not be 
     available to pay any personnel or administrative expenses.

[[Page S8360]]

       ``(4) Deposits and credits.--
       ``(A) In general.--There shall be deposited into or 
     credited to the Fund an amount equal to--
       ``(i) any monetary sanction collected by the Secretary or 
     Attorney General in any judicial or administrative action 
     under this title unless the balance of the Fund at the time 
     the monetary judgement is collected exceeds $300,000,000; and
       ``(ii) all income from investments made under paragraph 
     (5).
       ``(B) Additional amounts.--If the amounts deposited into or 
     credited to the Fund under subparagraph (A) are not 
     sufficient to satisfy an award made under this subsection, 
     there shall be deposited into or credited to the Fund an 
     amount equal to the unsatisfied portion of the award from any 
     monetary sanction collected by the Secretary of the Treasury 
     or Attorney General in the covered judicial or administrative 
     action on which the award is based.
       ``(5) Investments.--
       ``(A) Amounts in fund may be invested.--The Secretary of 
     the Treasury may invest the portion of the Fund that is not 
     required to meet the current needs of the Fund.
       ``(B) Eligible investments.--Investments shall be made by 
     the Secretary of the Treasury in obligations of the United 
     States or obligations that are guaranteed as to principal and 
     interest by the United States, with maturities suitable to 
     the needs of the Fund as determined by the Secretary.
       ``(C) Interest and proceeds credited.--The interest on, and 
     the proceeds from the sale or redemption of, any obligations 
     held in the Fund shall be credited to, and form a part of, 
     the Fund.''.
                                 ______
                                 
  SA 4746. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1013. INTERAGENCY STRATEGY TO DISRUPT AND DISMANTLE 
                   NARCOTICS PRODUCTION AND TRAFFICKING AND 
                   AFFILIATED NETWORKS LINKED TO THE REGIME OF 
                   BASHAR AL-ASSAD IN SYRIA.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the captagon trade linked to the regime of Bashar al-
     Assad in Syria is a transnational security threat; and
       (2) the United States should develop and implement an 
     interagency strategy to deny, degrade, and dismantle Assad-
     linked narcotics production and trafficking networks.
       (b) Report and Strategy Required.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense, the Secretary of State, the Secretary of the 
     Treasury, the Administrator of the Drug Enforcement 
     Administration, the Director of National Intelligence, and 
     the heads of other appropriate Federal agencies shall jointly 
     submit to the appropriate congressional committees a report 
     containing a strategy to disrupt and dismantle narcotics 
     production and trafficking and affiliated networks linked to 
     the regime of Bashar al-Assad in Syria. The strategy shall 
     include each of the following:
       (1) A strategy to target, disrupt and degrade networks that 
     directly and indirectly support the narcotics infrastructure 
     of the Assad regime, particularly through diplomatic and 
     intelligence support to law enforcement investigations and to 
     build counter-narcotics capacity to partner countries through 
     assistance and training to law enforcement services in 
     countries, other than Syria, that are receiving or transiting 
     large quantities of Captagon.
       (2) A description of the countries receiving or transiting 
     large shipments of Captagon and an assessment of the counter-
     narcotics capacity of those countries to interdict or disrupt 
     the smuggling of Captagon, including an assessment of current 
     United States assistance and training programs to build such 
     capacity in those countries.
       (3) The use of sanctions authorities, including the Caesar 
     Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note), 
     and associated actions to target individuals and entities 
     directly or indirectly associated with the narcotics 
     infrastructure of the Assad regime.
       (4) The use of global diplomatic engagements associated 
     with the economic pressure campaign against the Assad regime 
     to target its narcotics infrastructure.
       (5) Leveraging multilateral institutions and cooperation 
     with international partners to disrupt the narcotics 
     infrastructure of the Assad regime.
       (6) Mobilizing a public communications campaign to increase 
     awareness of the extent of the connection of the Assad regime 
     to illicit narcotics trade.
       (c) Form of Report.--The report required under subsection 
     (b) shall be submitted in an unclassified form, but may 
     contain a classified annex.
       (d) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the congressional defense committees;
       (2) the Committee on the Judiciary, the Committee on 
     Foreign Affairs, and the Committee on Financial Services [of 
     the House of Representatives]; and
       (3) the Committee on the Judiciary, the Committee on 
     Foreign Relations, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate.
                                 ______
                                 
  SA 4747. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1224. PROHIBITION OF TRANSFERS TO BADR ORGANIZATION.

       None of the amounts authorized to be appropriated by this 
     Act or otherwise made available to the Department of Defense 
     may be made available, directly or indirectly, to the Badr 
     Organization.
                                 ______
                                 
  SA 4748. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1224. PROHIBITION ON TRANSFERS TO IRAN.

       None of the amounts authorized to be appropriated by this 
     Act or otherwise made available to the Department of Defense 
     may be made available to transfer or facilitate a transfer of 
     pallets of currency, currency, or other items of value to the 
     Government of Iran, any subsidiary of such Government, or any 
     agent or instrumentality of Iran.
                                 ______
                                 
  SA 4749. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1224. REPORT ON IRANIAN TERRORIST PROXIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the House of 
     Representatives and the Senate a report that includes a 
     detailed description of--
       (1) improvements to the military capabilities of Iran-
     backed militias, including Lebanese Hezbollah, Asa'ib ahl al-
     Haq, Harakat Hezbollah al-Nujaba, Kata'ib Sayyid al-Shuhada, 
     Kata'ib al-Imam Ali, Kata'ib Hezbollah, the Badr 
     Organization, the Fatemiyoun, the Zainabiyoun, Hamas, 
     Palestinian Islamic Jihad (PIJ), the Popular Front for the 
     Liberation of Palestine (PFLP), and Ansar Allah (also known 
     as the Houthis); and
       (2) the direct or indirect impact that the suspension, 
     issuance, or revocation of any waiver, license, or suspension 
     of economic sanctions on Iran may have on such capabilities.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form but may contain a 
     classified annex.
                                 ______
                                 
  SA 4750. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1224. REPORT ON IRAN-CHINA AND IRAN-RUSSIA MILITARY 
                   TIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the House of 
     Representatives and the Senate a report that includes--

[[Page S8361]]

       (1) a detailed assessment of military ties between Iran and 
     China or the Russian Federation since the expiration of 
     United Nations Security Resolution 2231 in October 2020, 
     including in the form of joint drills, weapons transfers, 
     military visits, illicit procurement activities, and other 
     sources of Chinese or Russian material support for Iranian 
     military capabilities, to include a detailed description of 
     any arms purchases and the total value of each such purchase;
       (2) a detailed assessment of the direct or indirect impact 
     that the suspension, issuance, or revocation of any waiver, 
     license, or suspension of economic sanctions on Iran may have 
     on the use or effectiveness of such tools; and
       (3) a description of any actions taken pursuant to 
     Executive Order No. 13949, dated September 21, 2020 (relating 
     to blocking property of certain persons with respect to the 
     conventional arms activities of Iran).
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form but may contain a 
     classified annex.
                                 ______
                                 
  SA 4751. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1224. REPORT ON IRANIAN DEFENSE BUDGET.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the House of 
     Representatives and the Senate a report that includes a 
     detailed assessment of the size of Iran's defense budget 
     expressed in United States dollars, disaggregated by 
     expenditures related to the Islamic Revolutionary Guard 
     Corps, the Quds Force, the Artesh, and the Basij.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form but may contain a 
     classified annex.
                                 ______
                                 
  SA 4752. 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 appropriate place, insert the following:

     SEC. __. STRATEGY, MARKET SURVEY, AND QUALIFICATION 
                   ACTIVITIES FOR PROCUREMENT OF ACCESSORIES FOR 
                   THE NEXT GENERATION SQUAD WEAPON OF THE ARMY.

       (a) Strategy Required.--The Secretary of the Army shall 
     develop and implement a strategy to identify, test, qualify, 
     and procure, on a competitive basis, accessories for the next 
     generation squad weapon of the Army, including magazines and 
     other components that could affect the performance of the 
     weapon.
       (b) Market Survey and Qualification Activities.--
       (1) Initial market survey.--Not later than one year after 
     the date on which a decision is made to enter into full-rate 
     production for the next generation squad weapon, the 
     Secretary of the Army shall conduct a market survey to 
     identify accessories for the weapon, including magazines and 
     other components that could affect the performance of the 
     weapon.
       (2) Qualification activities.--After completing the market 
     survey under paragraph (1), the Secretary of the Army shall 
     compete, select, procure, and conduct tests of accessories 
     described in that paragraph to qualify those accessories for 
     purchase and use. A decision to qualify an accessory 
     described in paragraph (1) shall be based on established 
     technical standards for operational safety and weapon 
     effectiveness.
       (c) Information to Congress.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of the 
     Army shall provide to the congressional defense committees a 
     briefing or a report on--
       (1) the strategy developed and implemented by the Secretary 
     under subsection (a); and
       (2) the results of the market survey and qualification 
     activities under subsection (b).
                                 ______
                                 
  SA 4753. 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 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 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 
     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 4754. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and

[[Page S8362]]

for defense activities of the Department of Energy, to prescribe 
military personnel 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. COMMON CARRIER OBLIGATIONS.

       (a) In General.--Section 11101(a) of title 49, United 
     States Code, is amended by inserting ``, to the extent 
     necessary for the efficient and reliable transportation based 
     on the shipper's reasonable service requirements,'' after 
     ``the transportation or service''.
       (b) Rulemaking.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Surface Transportation Board 
     shall initiate a rulemaking to provide standards or guidance 
     to implement the amendment made under subsection (a).
       (2) Metrics and minimum standards.--The rule promulgated 
     pursuant to paragraph (1) shall include metrics and minimum 
     standards for measuring the performance and service quality 
     of rail carriers operating as common carriers under section 
     11101 of title 49, United States Code.
       (3) Considerations.--In developing the metrics and minimum 
     standards referred to in paragraph (2), the Board shall 
     consider--
       (A) all of the requirements for operating as a common 
     carrier under section 11101 of title 49, United States Code, 
     including the requirements described in sections 11101(a) and 
     10702(2) of such title;
       (B) the impacts of reductions in service and employment 
     levels on the provision of reasonable service;
       (C) whether reductions in the availability of equipment, 
     the maintenance of equipment, and infrastructure are 
     disproportionate to any changes in demand for service; and
       (D) whether surcharges or conditions are imposed as 
     requirements for service when the rail carrier could 
     profitably provide service under competitive rates.
       (4) Multi-factor compliance test.--
       (A) Development.--The Surface Transportation Board shall 
     develop a multi-factor test for determining a common 
     carrier's compliance with its obligations under section 11101 
     of title 49, United States Code.
       (B) Use of test.--Upon the promulgation of the final rule 
     pursuant to this subsection, the Surface Transportation Board 
     shall apply the test developed pursuant to subparagraph (A) 
     in all of its informal and formal service complaint 
     proceedings.
                                 ______
                                 
  SA 4755. Mr. CASEY (for himself, Mr. Cornyn, and Mr. Rubio) 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 G of title X, add the following:

     SEC. 1064. NATIONAL CRITICAL CAPABILITIES REVIEWS.

       (a) In General.--The Trade Act of 1974 (19 U.S.C. 2101 et 
     seq.) is amended by adding at the end the following:

           ``TITLE X--NATIONAL CRITICAL CAPABILITIES REVIEWS

     ``SEC. 1001. DEFINITIONS.

       ``In this title:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Finance, the Committee on Armed 
     Services, the Committee on Banking, Housing, and Urban 
     Affairs, the Committee on Commerce, Science, and 
     Transportation, the Committee on Health, Education, Labor, 
     and Pensions, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       ``(B) the Committee on Ways and Means, the Committee on 
     Armed Services, the Committee on Education and Labor, the 
     Committee on Financial Services, the Committee on Homeland 
     Security, and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       ``(2) Committee.--The term `Committee' means the Committee 
     on National Critical Capabilities established under section 
     1002.
       ``(3) Control.--The term `control' means the power, direct 
     or indirect, whether exercised or not exercised, to 
     determine, direct, or decide important matters affecting an 
     entity, subject to regulations prescribed by the Committee.
       ``(4) Country of concern.--The term `country of concern'--
       ``(A) has the meaning given the term `foreign adversary' in 
     section 8(c)(2) of the Secure and Trusted Communications 
     Networks Act of 2019 (47 U.S.C. 1607(c)(2)); and
       ``(B) may include a nonmarket economy country (as defined 
     in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 
     1677(18))) identified by the Committee for purposes of this 
     paragraph by regulation.
       ``(5) Covered transaction.--
       ``(A) In general.--Except as otherwise provided, the term 
     `covered transaction' means any of the following 
     transactions, proposed or pending on or after the date of the 
     enactment of this title:
       ``(i) Any transaction by a United States business that--

       ``(I) shifts or relocates to a country of concern, or 
     transfers to an entity of concern, the design, development, 
     production, manufacture, fabrication, supply, servicing, 
     testing, management, operation, investment, ownership, or any 
     other essential elements involving one or more national 
     critical capabilities identified under subparagraph (B)(ii); 
     or
       ``(II) could result in an unacceptable risk to a national 
     critical capability.

       ``(ii) Any other transaction, transfer, agreement, or 
     arrangement, the structure of which is designed or intended 
     to evade or circumvent the application of this title, subject 
     to regulations prescribed by the Committee.
       ``(B) Regulations.--
       ``(i) In general.--The Committee shall prescribe 
     regulations further defining the term `covered transaction' 
     in accordance with subchapter II of chapter 5, and chapter 7, 
     of title 5, United States Code (commonly known as the 
     `Administrative Procedure Act').
       ``(ii) Identification of national critical capabilities.--
     For purposes of subparagraph (A)(I), the regulations 
     prescribed by the Committee under clause (i) shall--

       ``(I) identify the national critical capabilities subject 
     to that subparagraph based on criteria intended to limit 
     application of that subparagraph to the subset of national 
     critical capabilities that is likely to pose an unacceptable 
     risk to the national security and crisis preparedness of the 
     United States; and
       ``(II) enumerate, quantify, prioritize, and set forth 
     sufficient allowances of, specific types and examples of such 
     capabilities.

       ``(6) Crisis preparedness.--The term `crisis preparedness' 
     means preparedness for--
       ``(A) a public health emergency declared under section 319 
     of the Public Health Service Act (42 U.S.C. 247d); or
       ``(B) a major disaster declared under section 401 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170).
       ``(7) Critical infrastructure.--The term `critical 
     infrastructure' means systems and assets, whether physical or 
     virtual, so vital to the United States that the incapacity or 
     destruction of such systems and assets would have a 
     debilitating impact on national security, national economic 
     security, national public health or safety, or any 
     combination of those matters.
       ``(8) Entity of concern.--The term `entity of concern' 
     means an entity--
       ``(A) the ultimate parent entity of which is domiciled in a 
     country of concern; or
       ``(B) that is directly or indirectly controlled by, owned 
     by, or subject to the influence of a foreign person that has 
     a substantial nexus with a country of concern.
       ``(9) Foreign entity.--
       ``(A) In general.--Except as provided by subparagraph (B), 
     the term `foreign entity' means any branch, partnership, 
     group or sub-group, association, estate, trust, corporation 
     or division of a corporation, or organization organized under 
     the laws of a foreign country if--
       ``(i) its principal place of business is outside the United 
     States; or
       ``(ii) its equity securities are primarily traded on one or 
     more foreign exchanges.
       ``(B) Exception.--The term `foreign entity' does not 
     include any entity described in subparagraph (A) that can 
     demonstrate that a majority of the equity interest in such 
     entity is ultimately owned by nationals of the United States.
       ``(10) Foreign person.--The term `foreign person' means--
       ``(A) any foreign national, foreign government, or foreign 
     entity;
       ``(B) any entity over which control is exercised or 
     exercisable by a foreign national, foreign government, or 
     foreign entity; or
       ``(C) any entity over which control is exercised or 
     exercisable by a person described in subparagraph (A) or (B).
       ``(11) National critical capabilities.--The term `national 
     critical capabilities', subject to regulations prescribed by 
     the Committee--
       ``(A) means systems and assets, whether physical or 
     virtual, so vital to the United States that the inability to 
     develop such systems and assets or the incapacity or 
     destruction of such systems or assets would have a 
     debilitating impact on national security or crisis 
     preparedness; and
       ``(B) includes the following:
       ``(i) The production, in sufficient quantities, of any of 
     the following articles:

       ``(I) Medical supplies, medicines, and personal protective 
     equipment.
       ``(II) Articles essential to the operation, manufacture, 
     supply, service, or maintenance of critical infrastructure.
       ``(III) Articles critical to infrastructure construction 
     after a natural or manmade disaster.
       ``(IV) Articles that are components of systems critical to 
     the operation of weapons systems, intelligence collection 
     systems, or items critical to the conduct of military or 
     intelligence operations.
       ``(V) Any other articles identified in regulations 
     prescribed under section 1007.

       ``(ii) Supply chains for the production of articles 
     described in clause (i).
       ``(iii) Essential supply chains for the Department of 
     Defense.
       ``(iv) Any other supply chains identified in regulations 
     prescribed under section 1007.
       ``(v) Services critical to the production of articles 
     described in clause (i) or a supply chain described in clause 
     (ii), (iii), or (iv).
       ``(vi) Medical services.

[[Page S8363]]

       ``(vii) Services critical to the maintenance of critical 
     infrastructure.
       ``(viii) Services critical to infrastructure construction 
     after a natural or manmade disaster.
       ``(ix) Any other services identified in regulations 
     prescribed under section 1007.
       ``(12) National security.--The term `national security' 
     includes--
       ``(A) national security, as defined in section 721(a) of 
     the Defense Production Act of 1950 (50 U.S.C. 4565(a));
       ``(B) national defense, as defined in section 702 of that 
     Act (50 U.S.C. 4552); and
       ``(C) agricultural security and natural resources security.
       ``(13) Party.--The term `party', with respect to a 
     transaction, has the meaning given that term in regulations 
     prescribed by the Committee.
       ``(14) United states.--The term `United States' means the 
     several States, the District of Columbia, and any territory 
     or possession of the United States.
       ``(15) United states business.--The term `United States 
     business' means a person engaged in interstate commerce in 
     the United States.

     ``SEC. 1002. COMMITTEE ON NATIONAL CRITICAL CAPABILITIES.

       ``(a) In General.--There is established a committee, to be 
     known as the `Committee on National Critical Capabilities', 
     which shall carry out this title and such other assignments 
     as the President may designate.
       ``(b) Membership.--
       ``(1) In general.--The Committee shall be comprised of the 
     head, or a designee of the head, of each of the following:
       ``(A) The Office of the United States Trade Representative.
       ``(B) The Department of Commerce.
       ``(C) The Office of Science and Technology Policy.
       ``(D) The Department of the Treasury.
       ``(E) The Department of Homeland Security.
       ``(F) The Department of Defense.
       ``(G) The Department of State.
       ``(H) The Department of Justice.
       ``(I) The Department of Energy.
       ``(J) The Department of Health and Human Services.
       ``(K) The Department of Agriculture.
       ``(L) The Department of Labor.
       ``(M) Any other Federal agency the President determines 
     appropriate, generally or on a case-by-case basis.
       ``(2) Ex officio members.--
       ``(A) In general.--In addition to the members of the 
     Committee specified in paragraph (1), the following shall, 
     except as provided in subparagraph (B), be nonvoting, ex 
     officio members of the Committee:
       ``(i) The Director of National Intelligence.
       ``(ii) The Administrator of the Federal Emergency 
     Management Agency.
       ``(iii) The Director of the National Institute of Standards 
     and Technology.
       ``(iv) The Director of the Centers for Disease Control and 
     Prevention.
       ``(v) The Director of the National Institute of Allergy and 
     Infectious Diseases.
       ``(vi) The Chairperson of the Federal Communications 
     Commission.
       ``(vii) The Chairperson of the Securities and Exchange 
     Commission.
       ``(viii) The Chairperson of the Commodity Futures Trading 
     Commission.
       ``(ix) The Administrator of the Federal Aviation 
     Administration.
       ``(B) Designation as voting members.--The chairperson of 
     the Committee may designate any of the officials specified in 
     clauses (ii) through (ix) of subparagraph (A) as voting 
     members of the Committee.
       ``(c) Chairperson.--
       ``(1) In general.--The United States Trade Representative 
     shall serve as the chairperson of the Committee.
       ``(2) Consultations with secretaries of defense and 
     commerce.--In carrying out the duties of the chairperson of 
     the Committee, the United States Trade Representative shall 
     consult with the Secretary of Defense and the Secretary of 
     Commerce.
       ``(d) Designation of Officials to Carry Out Duties Related 
     to Committee.--The head of each agency represented on the 
     Committee shall designate an official, at or equivalent to 
     the level of Assistant Secretary in the Department of the 
     Treasury, who is appointed by the President, by and with the 
     advice and consent of the Senate, to carry out such duties 
     related to the Committee as the head of the agency may 
     assign.

     ``SEC. 1003. REVIEW OF COVERED TRANSACTIONS.

       ``(a) Mandatory Notification.--A United States business 
     that engages in a covered transaction shall submit a written 
     notification of the transaction to the Committee.
       ``(b) Review.--
       ``(1) In general.--Not later than 60 days after receiving 
     written notification under subsection (a) of a covered 
     transaction, the Committee may--
       ``(A) review the transaction to determine if the 
     transaction is likely to result in an unacceptable risk to 
     one or more national critical capabilities, including by 
     considering factors specified in section 1005; and
       ``(B) if the Committee determines under subparagraph (A) 
     that the transaction poses a risk described in that 
     subparagraph, make recommendations--
       ``(i) to the President for appropriate action that may be 
     taken under this title or under other existing authorities to 
     address or mitigate that risk; and
       ``(ii) to Congress for the establishment or expansion of 
     Federal programs to support the production or supply of 
     articles and services described in section 1001(a)(11)(B) in 
     the United States.
       ``(2) Unilateral initiation of review.--The Committee may 
     initiate a review under paragraph (1) of a covered 
     transaction for which written notification is not submitted 
     under subsection (a).
       ``(3) Initiation of review by request from congress.--The 
     Committee shall initiate a review under paragraph (1) of a 
     covered transaction if the chairperson and the ranking member 
     of one of the appropriate congressional committees jointly 
     request the Committee to review the transaction.
       ``(c) Treatment of Business Confidential Information.--A 
     United States business shall submit each notification 
     required by subsection (a) to the Committee--
       ``(1) in a form that includes business confidential 
     information; and
       ``(2) in a form that omits business confidential 
     information and is appropriate for disclosure to the public.

     ``SEC. 1004. ACTION BY THE PRESIDENT.

       ``(a) In General.--Subject to subsection (d), the President 
     may take such action for such time as the President considers 
     appropriate to address or mitigate any unacceptable risk 
     posed by a covered transaction to one or more national 
     critical capabilities, including suspending or prohibiting 
     the covered transaction.
       ``(b) Announcement by the President.--The President shall 
     announce the decision on whether or not to take action 
     pursuant to subsection (a) with respect to a covered 
     transaction not later than 15 days after the date on which 
     the review of the transaction under section 1003 is 
     completed.
       ``(c) Enforcement.--The President may direct the Attorney 
     General of the United States to seek appropriate relief, 
     including divestment relief, in the district courts of the 
     United States, in order to implement and enforce this 
     section.
       ``(d) Findings of the President.--The President may 
     exercise the authority conferred by subsection (a) to suspend 
     or prohibit a covered transaction only if the President finds 
     that--
       ``(1) there is credible evidence that leads the President 
     to believe that the transaction poses an unacceptable risk to 
     one or more national critical capabilities; and
       ``(2) provisions of law (other than this section) do not, 
     in the judgment of the President, provide adequate and 
     appropriate authority for the President to protect such 
     capabilities.
       ``(e) Factors To Be Considered.--For purposes of 
     determining whether to take action under subsection (a), the 
     President shall consider, among other factors, each of the 
     factors described in section 1005, as appropriate.

     ``SEC. 1005. FACTORS TO BE CONSIDERED.

       ``The Committee, in reviewing and making a determination 
     with respect to a covered transaction under section 1003, and 
     the President, in determining whether to take action under 
     section 1004 with respect to a covered transaction, shall 
     consider any factors relating to national critical 
     capabilities that the Committee or the President considers 
     relevant, including--
       ``(1) the long-term strategic economic, national security, 
     and crisis preparedness interests of the United States;
       ``(2) the history of distortive or predatory trade 
     practices in each country in which a foreign person that is a 
     party to the transaction is domiciled;
       ``(3) control and beneficial ownership (as determined in 
     accordance with section 847 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 
     U.S.C. 2509 note)) of each foreign person that is a party to 
     the transaction; and
       ``(4) impact on the domestic industry and resulting 
     resiliency, including the domestic skills base, taking into 
     consideration any pattern of foreign investment in the 
     domestic industry.

     ``SEC. 1006. SUPPLY CHAIN SENSITIVITIES.

       ``The Committee shall determine the sensitivities and risks 
     for sourcing of articles described in section 
     1001(a)(11)(B)(i), in accordance with the following:
       ``(1) The sourcing of least concern shall be articles the 
     supply chains for which are housed in whole within countries 
     that are allies of the United States.
       ``(2) The sourcing of greater concern shall be articles the 
     supply chains for which are housed in part within countries 
     of concern or from an entity of concern but for which 
     substitute production is available from elsewhere at required 
     scale.
       ``(3) The sourcing of greatest concern shall be articles 
     the supply chains for which are housed wholly or in part in 
     countries of concern or from an entity of concern and for 
     which substitute production is unavailable elsewhere at 
     required scale.

     ``SEC. 1007. IDENTIFICATION OF ADDITIONAL NATIONAL CRITICAL 
                   CAPABILITIES.

       ``(a) In General.--The Committee should prescribe 
     regulations to identify additional articles, supply chains, 
     and services to recommend for inclusion in the definition of 
     `national critical capabilities' under section 1001(a)(11).
       ``(b) Review of Industries.--
       ``(1) In general.--In identifying under subsection (a) 
     additional articles, supply chains, and services to recommend 
     for inclusion in the definition of `national critical 
     capabilities' under section 1001(a)(11), the Committee should 
     conduct a review of industries identified by Federal 
     Emergency Management

[[Page S8364]]

     Agency as carrying out emergency support functions, including 
     the following industries:
       ``(A) Energy.
       ``(B) Medical.
       ``(C) Communications, including electronic and 
     communications components.
       ``(D) Defense.
       ``(E) Transportation.
       ``(F) Aerospace, including space launch.
       ``(G) Robotics.
       ``(H) Artificial intelligence.
       ``(I) Semiconductors.
       ``(J) Shipbuilding.
       ``(K) Water, including water purification.
       ``(2) Quantification.--In conducting a review of industries 
     under paragraph (1), the Committee should specify the 
     quantity of articles, supply chains, and services, and 
     specific types and examples of transactions, from each 
     industry sufficient to maintain national critical 
     capabilities.

     ``SEC. 1008. REPORTING REQUIREMENTS.

       ``(a) Annual Report to Congress.--
       ``(1) In general.--Not later than 90 days after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2022, and annually thereafter, the Committee 
     shall submit to the appropriate congressional committees a 
     report--
       ``(A) on the determination under section 1006 with respect 
     to sensitivities and risks for sourcing of articles described 
     in section 1001(a)(11)(B)(i);
       ``(B) assessing whether identification of additional 
     national critical capabilities under section 1007 is 
     necessary; and
       ``(C) describing, for the year preceding submission of the 
     report--
       ``(i) the notifications received under subsection (a) of 
     section 1003 and reviews conducted pursuant to such 
     notifications;
       ``(ii) reviews initiated under paragraph (2) or (3) of 
     subsection (b) of that section;
       ``(iii) actions recommended by the Committee under 
     subsection (b)(1)(B) of that section as a result of such 
     reviews; and
       ``(iv) reviews during which the Committee determined no 
     action was required; and
       ``(D) assessing the overall impact of such reviews on 
     national critical capabilities.
       ``(2) Form of report.--The report required by paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       ``(b) Use of Defense Production Act of 1950 Authorities.--
     Not later than 180 days after the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 2022, 
     the Committee shall submit to Congress a report that includes 
     recommendations relating to use the authorities under title 
     III of the Defense Production Act of 1950 (50 U.S.C. 4531 et 
     seq.) to make investments to enhance national critical 
     capabilities and reduce dependency on materials and services 
     imported from foreign countries.

     ``SEC. 1009. REQUIREMENT FOR REGULATIONS.

       ``(a) In General.--The Committee shall prescribe 
     regulations to carry out this title.
       ``(b) Elements.--Regulations prescribed to carry out this 
     title shall--
       ``(1) provide for the imposition of civil penalties for any 
     violation of this title, including any mitigation agreement 
     entered into, conditions imposed, or order issued pursuant to 
     this title; and
       ``(2) include specific examples of the types of--
       ``(A) the transactions that will be considered to be 
     covered transactions; and
       ``(B) the articles, supply chains, and services that will 
     be considered to be national critical capabilities.
       ``(c) Coordination.--In prescribing regulations to carry 
     out this title, the Committee shall coordinate with the 
     United States Trade Representative, the Under Secretary of 
     Commerce for Industry and Security, and the Committee on 
     Foreign Investment in the United States to avoid duplication 
     of effort.

     ``SEC. 1010. REQUIREMENTS RELATED TO GOVERNMENT PROCUREMENT.

       ``(a) In General.--Not later than 90 days after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2022, the Federal Acquisition Regulation shall be 
     revised to require each person that is a prospective 
     contractor for an executive agency to disclose the supply 
     chains the person would use to carry out the contract and the 
     extent to which the person would depend on articles and 
     services imported from foreign countries, including the 
     percentage of such materials and services imported from 
     countries of concern.
       ``(b) Materiality.--The head of an executive agency shall 
     consider the failure of a person to make the disclosures 
     required by subsection (a) to be material determinants in 
     awarding a contract to that person.
       ``(c) Applicability.--The revisions to the Federal 
     Acquisition Regulation required under subsection (a) shall 
     apply with respect to contracts for which solicitations are 
     issued on or after the date that is 90 days after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2022.
       ``(d) Definitions.--In this section:
       ``(1) Executive agency.--The term `executive agency' has 
     the meaning given that term in section 133 of title 41, 
     United States Code.
       ``(2) Federal acquisition regulation.--The term `Federal 
     Acquisition Regulation' means the regulation issued pursuant 
     to section 1303(a)(1) of title 41, United States Code.

     ``SEC. 1011. MULTILATERAL ENGAGEMENT AND COORDINATION.

       ``The United States Trade Representative--
       ``(1) should, in coordination and consultation with 
     relevant Federal agencies, conduct multilateral engagement 
     with the governments of countries that are allies of the 
     United States to secure coordination of protocols and 
     procedures with respect to covered transactions with 
     countries of concern; and
       ``(2) upon adoption of protocols and procedures described 
     in paragraph (1), shall work with those governments to 
     establish information sharing regimes.

     ``SEC. 1012. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary to carry out this title, including to provide 
     outreach to industry and persons affected by this title.

     ``SEC. 1013. RULE OF CONSTRUCTION WITH RESPECT TO FREE AND 
                   FAIR COMMERCE.

       ``Nothing in this title may be construed as prohibiting or 
     limiting the free and fair flow of commerce outside of the 
     United States that does not pose an unacceptable risk to a 
     national critical capability.''.
       (b) Clerical Amendment.--The table of contents for the 
     Trade Act of 1974 is amended by adding at the end the 
     following:

           ``TITLE X--NATIONAL CRITICAL CAPABILITIES REVIEWS

``Sec. 1001. Definitions.
``Sec. 1002. Committee on National Critical Capabilities.
``Sec. 1003. Review of covered transactions.
``Sec. 1004. Action by the President.
``Sec. 1005. Factors to be considered.
``Sec. 1006. Supply chain sensitivities.
``Sec. 1007. Identification of additional national critical 
              capabilities.
``Sec. 1008. Reporting requirements.
``Sec. 1009. Requirement for regulations.
``Sec. 1010. Requirements related to government procurement.
``Sec. 1011. Multilateral engagement and coordination.
``Sec. 1012. Authorization of appropriations.
``Sec. 1013. Rule of construction with respect to free and fair 
              commerce.''.
                                 ______
                                 
  SA 4756. Mrs. SHAHEEN (for herself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                 Subtitle __--Combating Synthetic Drugs

     SEC. _01. SHORT TITLE.

       This subtitle may be cited as the ``Fighting Emerging 
     Narcotics Through Additional Nations to Yield Lasting Results 
     Act'' or the ``FENTANYL Results Act''.

     SEC. _02. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF 
                   STATE TO COMBAT INTERNATIONAL TRAFFICKING IN 
                   COVERED SYNTHETIC DRUGS.

       (a) In General.--The Secretary of State shall prioritize 
     efforts of the Department of State to combat international 
     trafficking of covered synthetic drugs by carrying out 
     programs and activities to include the following:
       (1) Supporting increased data collection by the United 
     States and foreign countries through increased drug use 
     surveys among populations, increased use of wastewater 
     testing where appropriate, and multilateral sharing of that 
     data.
       (2) Engaging in increased consultation and partnership with 
     international drug agencies, including the European 
     Monitoring Centre for Drugs and Drug Addiction, regulatory 
     agencies in foreign countries, and the United Nations Office 
     on Drugs and Crime.
       (3) Carrying out programs to provide technical assistance 
     and equipment, as appropriate, to strengthen the capacity of 
     foreign law enforcement agencies with respect to covered 
     synthetic drugs, as required by section _03.
       (4) Carrying out exchange programs for governmental and 
     nongovernmental personnel in the United States and in foreign 
     countries to provide educational and professional development 
     on demand reduction matters relating to the illicit use of 
     covered synthetic drugs and other drugs, as required by 
     section _04.
       (b) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a report 
     on the implementation of this section.
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.

     SEC. _03. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE CAPACITY 
                   OF FOREIGN LAW ENFORCEMENT AGENCIES WITH 
                   RESPECT TO COVERED SYNTHETIC DRUGS.

       (a) In General.--Notwithstanding section 660 of the Foreign 
     Assistance Act of 1961 (22

[[Page S8365]]

     U.S.C. 2420), the Secretary of State shall establish a 
     program to provide assistance to strengthen the capacity of 
     law enforcement agencies of the countries described in 
     subsection (c) to help such agencies to identify, track, and 
     improve their forensics detection capabilities with respect 
     to covered synthetic drugs.
       (b) Priority.--The Secretary of State shall prioritize 
     technical assistance, and the provision of equipment, as 
     appropriate, under subsection (a) among those countries 
     described in subsection (c) in which such assistance and 
     equipment would have the most impact in reducing illicit use 
     of covered synthetic drugs in the United States.
       (c) Countries Described.--The foreign countries described 
     in this subsection are--
       (1) countries that are producers of covered synthetic 
     drugs;
       (2) countries whose pharmaceutical and chemical industries 
     are known to be exploited for development or procurement of 
     precursors of covered synthetic drugs; or
       (3) major drug-transit countries for covered synthetic 
     drugs as defined by the Secretary of State.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State to carry out 
     this section $4,000,000 for each of the fiscal years 2022 
     through 2026. Such amounts shall be in addition to amounts 
     otherwise available for such purposes.

     SEC. _04. EXCHANGE PROGRAM ON DEMAND REDUCTION MATTERS 
                   RELATING TO ILLICIT USE OF COVERED SYNTHETIC 
                   DRUGS.

       (a) In General.--The Secretary of State shall establish or 
     continue and strengthen, as appropriate, an exchange program 
     for governmental and nongovernmental personnel in the United 
     States and in foreign countries to provide educational and 
     professional development on demand reduction matters relating 
     to the illicit use of covered synthetic drugs and other 
     drugs.
       (b) Program Requirements.--The program required by 
     subsection (a)--
       (1) shall be limited to individuals who have expertise and 
     experience in matters described in subsection (a);
       (2) in the case of inbound exchanges, may be carried out as 
     part of exchange programs and international visitor programs 
     administered by the Bureau of Educational and Cultural 
     Affairs of the Department of State, including the 
     International Visitor Leadership Program, in coordination 
     with the Bureau of International Narcotics and Law 
     Enforcement Affairs; and
       (3) shall include outbound exchanges for governmental or 
     nongovernmental personnel in the United States.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State to carry out 
     this section $1,000,000 for each of fiscal years 2022 through 
     2026. Such amounts shall be in addition to amounts otherwise 
     available for such purposes.

     SEC. _05. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL 
                   PROGRAM.

       (a) International Narcotics Control Strategy Report.--
     Section 489(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)) is amended by inserting after paragraph (9) 
     the following new paragraph:
       ``(10) Covered synthetic drugs and new psychoactive 
     substances.--
       ``(A) Covered synthetic drugs.--Information that contains 
     an assessment of the countries significantly involved in the 
     manufacture, production, transshipment, or trafficking of 
     covered synthetic drugs, to include the following:
       ``(i) The scale of legal domestic production and any 
     available information on the number of manufacturers and 
     producers of such drugs in such countries.
       ``(ii) Information on any law enforcement assessments of 
     the scale of illegal production of such drugs, including a 
     description of the capacity of illegal laboratories to 
     produce such drugs.
       ``(iii) The types of inputs used and a description of the 
     primary methods of synthesis employed by illegal producers of 
     such drugs.
       ``(iv) An assessment of the policies of such countries to 
     regulate licit manufacture and interdict illicit manufacture, 
     diversion, distribution, shipment, and trafficking of such 
     drugs and an assessment of the effectiveness of the policies' 
     implementation.
       ``(B) New psychoactive substances.--Information on, to the 
     extent practicable, any policies of responding to new 
     psychoactive substances, to include the following:
       ``(i) Which governments have articulated policies on 
     scheduling of such substances.
       ``(ii) Any data on impacts of such policies and other 
     responses to such substances.
       ``(iii) An assessment of any policies the United States 
     could adopt to improve its response to new psychoactive 
     substances.
       ``(C) Definitions.--In this paragraph, the terms `covered 
     synthetic drug' and `new psychoactive substance' have the 
     meaning given those terms in section _07 of the FENTANYL 
     Results Act.''.
       (b) Definition of Major Illicit Drug Producing Country.--
     Section 481(e) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291(e)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``means a country in which--'' and 
     inserting the following: ``means--
       ``(A) a country in which--'';
       (B) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and moving such 
     clauses, as so redesignated, two ems to the right;
       (C) in subparagraph (A)(iii), as redesignated by this 
     paragraph, by striking the semicolon at the end and inserting 
     ``; or''; and
       (D) by adding at the end the following new subparagraph:
       ``(B) a country which is a significant direct source of 
     covered synthetic drugs or psychotropic drugs or other 
     controlled substances significantly affecting the United 
     States;'';
       (2) by amending paragraph (5) to read as follows:
       ``(5) the term `major drug-transit country' means a country 
     through which are transported covered synthetic drugs or 
     psychotropic drugs or other controlled substances 
     significantly affecting the United States;'';
       (3) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(9) the term `covered synthetic drug' has the meaning 
     given that term in section _07 of the FENTANYL Results 
     Act.''.

     SEC. _06. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the President should direct the United States 
     Representative to the United Nations to use the voice, vote, 
     and influence of the United States at the United Nations to 
     advocate for more transparent assessments of countries by the 
     International Narcotics Control Board; and
       (2) bilateral, plurilateral, and multilateral international 
     cooperation is essential to combating the trafficking of 
     covered synthetic drugs.

     SEC. _07. DEFINITIONS.

       In this subtitle:
       (1) Covered synthetic drug.--The term ``covered synthetic 
     drug'' means--
       (A) a synthetic controlled substance (as defined in section 
     102(6) of the Controlled Substances Act (21 U.S.C. 802(6))), 
     including fentanyl or a fentanyl analogue; or
       (B) a new psychoactive substance.
       (2) New psychoactive substance.--The term ``new 
     psychoactive substance'' means a substance of abuse, or any 
     preparation thereof, that--
       (A) is not--
       (i) included in any schedule as a controlled substance 
     under the Controlled Substances Act (21 U.S.C. 801 et seq.); 
     or
       (ii) controlled by the Single Convention on Narcotic Drugs, 
     done at New York March 30, 1961, or the Convention on 
     Psychotropic Substances, done at Vienna February 21, 1971;
       (B) is new or has reemerged on the illicit market; and
       (C) poses a threat to the public health and safety.
                                 ______
                                 
  SA 4757. Mr. BURR (for himself and Ms. Klobuchar) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. [___]. REVISION OF STANDARD OCCUPATIONAL CLASSIFICATION 
                   SYSTEM.

       The Director of the Office of Management and Budget shall, 
     not later than 30 days after the date of enactment of this 
     Act, categorize public safety telecommunicators as a 
     protective service occupation under the Standard Occupational 
     Classification System.
                                 ______
                                 
  SA 4758. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1224. REPORT ON IRANIAN MILITARY CAPABILITIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the House of 
     Representatives and the Senate a report that includes a 
     detailed description of--
       (1) improvements to Iranian military capabilities in the 
     preceding 180-day period, including capabilities of the 
     Islamic Revolutionary Guard Corps, the Quds Force, the 
     Artesh, and the Basij, as well as those of its terrorist 
     proxies; and
       (2) the direct or indirect impact that the suspension, 
     issuance, or revocation of any waiver, license, or suspension 
     of economic sanctions on Iran may have on such capabilities.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form but may contain a 
     classified annex.

[[Page S8366]]

  

                                 ______
                                 
  SA 4759. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. IDENTIFICATION OF, AND PLAN TO IMPROVE, HYPERSONICS 
                   FACILITIES AND CAPABILITIES FOR CONDUCTING TEST 
                   AND EVALUATION OF HYPERSONICS TECHNOLOGIES.

       (a) Identification Required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall--
       (1) identify each facility and capability of the Major 
     Range and Test Facility Base and facilities and capabilities 
     of all Federal test facilities, including test facilities of 
     the National Aeronautics and Space Administration, and 
     private sector organizations that--
       (A) are capable of conducting test and evaluation of 
     hypersonics technologies; or
       (B) provide other test and evaluation capabilities to 
     support the development of hypersonics technologies; and
       (2) not later than one year after the date of the enactment 
     of this Act, provide to the congressional defense committees 
     a briefing on a plan and schedule to improve the capabilities 
     described in paragraph (1), including a description of 
     proposed organizational changes, investments, policy changes, 
     and other activities.
       (b) Major Range and Test Facility Base Defined.--In this 
     section, the term ``Major Range and Test Facility Base'' has 
     the meaning given that term in section 196(i) of title 10, 
     United States Code.
                                 ______
                                 
  SA 4760. 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. __. NATIONAL EQUAL PAY ENFORCEMENT TASK FORCE.

       (a) In General.--There is established the National Equal 
     Pay Enforcement Task Force, consisting of representatives 
     from the Equal Employment Opportunity Commission, the 
     Department of Justice, the Department of Labor, and the 
     Office of Personnel Management.
       (b) Mission.--In order to improve compliance, public 
     education, and enforcement of equal pay laws, the National 
     Equal Pay Enforcement Task Force shall ensure that the 
     agencies listed in subsection (a) are coordinating efforts 
     and limiting potential gaps in enforcement.
       (c) Duties.--The National Equal Pay Enforcement Task Force 
     shall investigate challenges related to pay inequity pursuant 
     to its mission in subsection (b), advance recommendations to 
     address those challenges, and create action plans to 
     implement the recommendations.
                                 ______
                                 
  SA 4761. Mr. WARNOCK (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 376. REPORT ON INITIATIVES OF DEPARTMENT OF DEFENSE TO 
                   SOURCE LOCALLY AND REGIONALLY PRODUCED FOODS 
                   FOR INSTALLATIONS OF THE DEPARTMENT.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the appropriate committees of 
     Congress a report detailing--
       (1) efforts by the Department of Defense to establish and 
     strengthen ``farm to base'' initiatives to source locally and 
     regionally produced foods, including seafood, for consumption 
     or distribution at installations of the Department;
       (2) efforts by the Department to collaborate with relevant 
     Federal agencies, including the Department of Veterans 
     Affairs, the Department of Agriculture, and the Department of 
     Commerce, in efforts to procure locally and regionally 
     produced foods;
       (3) current procurement practices of the Department of 
     Defense regarding food for consumption or distribution on 
     installations of the Department;
       (4) opportunities where procurement of locally and 
     regionally produced foods would be beneficial to members of 
     the Armed Forces, their families, military readiness by 
     improving health outcomes, and farmers near installations of 
     the Department;
       (5) barriers currently preventing the Department from 
     increasing procurement of locally and regionally produced 
     foods or preventing producers from partnering with nearby 
     installations of the Department; and
       (6) recommendations for how the Department can improve 
     procurement practices to increase offerings of locally and 
     regionally produced foods.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, and the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Natural Resources, and the Committee on Agriculture of the 
     House of Representatives.
                                 ______
                                 
  SA 4762. Mr. WARNOCK submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 318. ANNUAL REPORT ON DEPLOYMENT OF PHOTOVOLTAIC DEVICES 
                   BY DEPARTMENT OF DEFENSE.

       Section 2925 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Annual Report Related to Deployment of Photovoltaic 
     Devices.--(1) Simultaneous with the annual report required by 
     subsection (a), the Secretary of Defense, acting through the 
     Assistant Secretary of Defense for Energy, Installations, and 
     Environment, shall submit to the congressional defense 
     committees a report on the deployment of photovoltaic devices 
     supporting the Department of Defense.
       ``(2) The annual report under this subsection shall include 
     the following:
       ``(A) A description of all photovoltaic devices installed 
     on property of the Department of Defense or in a facility 
     owned by the Department of Defense, including the following 
     information:
       ``(i) The location of each such device.
       ``(ii) The year each such device was installed.
       ``(iii) The power rating of each such device.
       ``(iv) The manufacturer of each such device.
       ``(v) The country or countries where such manufacturer and 
     its affiliates are headquartered or conduct material 
     operations.
       ``(vi) The country in which each such device was 
     manufactured.
       ``(B) A description of all photovoltaic devices used to 
     perform or support any non-expired energy savings performance 
     contract (including under section 801 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287)), utility service 
     contract, land lease, private housing contract, contract 
     entered into under section 2922a of this title, or other 
     arrangement whereby an agency of the Department of Defense 
     acquired for the use or benefit of the United States 
     Government solar energy or solar energy attributes, which 
     shall include the information set forth under clauses (i) 
     through (vi) of subparagraph (A) with respect to each such 
     device.
       ``(3) If multiple photovoltaic devices are deployed at a 
     single site, the description of photovoltaic devices required 
     under subparagraph (A) or (B) of paragraph (2) may be 
     aggregated if such devices share in common the manufacturer, 
     the country or countries where such manufacturer and its 
     affiliates are headquartered or conduct material operations, 
     and the country in which such devices were manufactured.
       ``(4) The annual report under this subsection shall include 
     descriptions only of photovoltaic devices that are designed 
     to be affixed to land or real property and shall not include 
     portable photovoltaic devices.''.
                                 ______
                                 
  SA 4763. Mr. CORNYN (for himself, Mr. Rubio, Mrs. Hyde-Smith, and Mr. 
Braun) submitted an amendment intended to be proposed to amendment SA 
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:


[[Page S8367]]


  

        At the appropriate place, insert the following:

     SEC. ____. TREATMENT OF EXEMPTIONS AND RECORDKEEPING UNDER 
                   FARA.

       (a) Limitation on Exemptions.--Section 3 of the Foreign 
     Agents Registration Act of 1938, as amended (22 U.S.C. 613), 
     is amended, in the matter preceding subsection (a), by 
     inserting ``, except that the exemptions under subsections 
     (d)(1) and (h) shall not apply to any agent of a foreign 
     principal that is included on the list maintained by the 
     Assistant Secretary of Commerce for Communications and 
     Information under section 5'' before the colon.
       (b) Books and Records.--Section 5 of the Foreign Agents 
     Registration Act of 1938, as amended (22 U.S.C. 615), is 
     amended by adding at the end the following: ``The Assistant 
     Secretary of Commerce for Communications and Information 
     shall establish a list of, and any relevant information 
     relating to, each agent of a foreign principal that is a 
     foreign adversary (as defined in section 8(c) of the Secure 
     and Trusted Communications Networks Act of 2019 (47 U.S.C. 
     1607(c))). The Assistant Secretary of Commerce for 
     Communications and Information shall update and maintain the 
     list and any related information under this subsection as the 
     Assistant Secretary determines to be necessary and 
     appropriate.''.
       (c) National Telecommunications and Information 
     Administration Program Modification.--Section 8(a)(2) of the 
     Secure and Trusted Communications Networks Act of 2019 (47 
     U.S.C. 1607(a)(2)) is amended--
       (1) in subparagraph (C)(ii), by striking ``and'' at the 
     end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) notwithstanding paragraph (3), periodically submit to 
     the Attorney General a list of, and any relevant information 
     relating to, each foreign adversary identified for purposes 
     of the program.''.
                                 ______
                                 
  SA 4764. 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--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

[[Page S8368]]

     for Fiscal Year 2011 (Public Law 111-383) is amended--
       (i) in section 806(e)(5) (10 U.S.C. 2304 note), by striking 
     ``section 3542(b)'' and inserting ``section 3552(b)'';
       (ii) in section 931(b)(3) (10 U.S.C. 2223 note), by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''; and
       (iii) in section 932(b)(2) (10 U.S.C. 2224 note), by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''.
       (G) E-government act of 2002.--Section 301(c)(1)(A) of the 
     E-Government Act of 2002 (44 U.S.C. 3501 note) is amended by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''.
       (H) National institute of standards and technology act.--
     Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) is amended--
       (i) in subsection (a)(2), by striking ``section 
     3552(b)(5)'' and inserting ``section 3552(b)''; and
       (ii) in subsection (f)--

       (I) in paragraph (3), by striking ``section 3532(1)'' and 
     inserting ``section 3552(b)''; and
       (II) in paragraph (5), by striking ``section 3532(b)(2)'' 
     and inserting ``section 3552(b)''.

       (c) Subchapter II Amendments.--Subchapter II of chapter 35 
     of title 44, United States Code, is amended--
       (1) in section 3551--
       (A) in paragraph (4), by striking ``diagnose and improve'' 
     and inserting ``integrate, deliver, diagnose, and improve'';
       (B) in paragraph (5), by striking ``and'' at the end;
       (C) in paragraph (6), by striking the period at the end and 
     inserting a semi colon; and
       (D) by adding at the end the following:
       ``(7) recognize that each agency has specific mission 
     requirements and, at times, unique cybersecurity requirements 
     to meet the mission of the agency;
       ``(8) recognize that each agency does not have the same 
     resources to secure agency systems, and an agency should not 
     be expected to have the capability to secure the systems of 
     the agency from advanced adversaries alone; and
       ``(9) recognize that a holistic Federal cybersecurity model 
     is necessary to account for differences between the missions 
     and capabilities of agencies.'';
       (2) in section 3553--
       (A) by striking the section heading and inserting 
     ``Authority and functions of the Director and the Director of 
     the Cybersecurity and Infrastructure Security Agency''.
       (B) in subsection (a)--
       (i) in paragraph (1), by inserting ``, in consultation with 
     the Director of the Cybersecurity and Infrastructure Security 
     Agency and the National Cyber Director,'' before 
     ``overseeing'';
       (ii) in paragraph (5), by striking ``and'' at the end; and
       (iii) by adding at the end the following:
       ``(8) promoting, in consultation with the Director of the 
     Cybersecurity and Infrastructure Security Agency and the 
     Director of the National Institute of Standards and 
     Technology--
       ``(A) the use of automation to improve Federal 
     cybersecurity and visibility with respect to the 
     implementation of Federal cybersecurity; and
       ``(B) the use of presumption of compromise and least 
     privilege principles to improve resiliency and timely 
     response actions to incidents on Federal systems.'';
       (C) in subsection (b)--
       (i) by striking the subsection heading and inserting 
     ``Cybersecurity and Infrastructure Security Agency'';
       (ii) in the matter preceding paragraph (1), by striking 
     ``The Secretary, in consultation with the Director'' and 
     inserting ``The Director of the Cybersecurity and 
     Infrastructure Security Agency, in consultation with the 
     Director and the National Cyber Director'';
       (iii) in paragraph (2)--

       (I) in subparagraph (A), by inserting ``and reporting 
     requirements under subchapter IV of this title'' after 
     ``section 3556''; and
       (II) in subparagraph (D), by striking ``the Director or 
     Secretary'' and inserting ``the Director of the Cybersecurity 
     and Infrastructure Security Agency'';

       (iv) in paragraph (5), by striking ``coordinating'' and 
     inserting ``leading the coordination of'';
       (v) in paragraph (8), by striking ``the Secretary's 
     discretion'' and inserting ``the Director of the 
     Cybersecurity and Infrastructure Security Agency's 
     discretion''; and
       (vi) in paragraph (9), by striking ``as the Director or the 
     Secretary, in consultation with the Director,'' and inserting 
     ``as the Director of the Cybersecurity and Infrastructure 
     Security Agency'';
       (D) in subsection (c)--
       (i) in the matter preceding paragraph (1), by striking 
     ``each year'' and inserting ``each year during which agencies 
     are required to submit reports under section 3554(c)'';
       (ii) by striking paragraph (1);
       (iii) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (1), (2), and (3), respectively;
       (iv) in paragraph (3), as so redesignated, by striking 
     ``and'' at the end;
       (v) by inserting after paragraph (3), as so redesignated 
     the following:
       ``(4) a summary of each assessment of Federal risk posture 
     performed under subsection (i);''; and
       (vi) in paragraph (5), by striking the period at the end 
     and inserting ``; and'';
       (E) by redesignating subsections (i), (j), (k), and (l) as 
     subsections (j), (k), (l), and (m) respectively;
       (F) by inserting after subsection (h) the following:
       ``(i) Federal Risk Assessments.--On an ongoing and 
     continuous basis, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall perform assessments of 
     Federal risk posture using any available information on the 
     cybersecurity posture of agencies, and brief the Director and 
     National Cyber Director on the findings of those assessments 
     including--
       ``(1) the status of agency cybersecurity remedial actions 
     described in section 3554(b)(7);
       ``(2) any vulnerability information relating to the systems 
     of an agency that is known by the agency;
       ``(3) analysis of incident information under section 3597;
       ``(4) evaluation of penetration testing performed under 
     section 3559A;
       ``(5) evaluation of vulnerability disclosure program 
     information under section 3559B;
       ``(6) evaluation of agency threat hunting results;
       ``(7) evaluation of Federal and non-Federal cyber threat 
     intelligence;
       ``(8) data on agency compliance with standards issued under 
     section 11331 of title 40;
       ``(9) agency system risk assessments performed under 
     section 3554(a)(1)(A); and
       ``(10) any other information the Director of the 
     Cybersecurity and Infrastructure Security Agency determines 
     relevant.''; and
       (G) in subsection (j), as so redesignated--
       (i) by striking ``regarding the specific'' and inserting 
     ``that includes a summary of--
       ``(1) the specific'';
       (ii) in paragraph (1), as so designated, by striking the 
     period at the end and inserting ``; and'' and
       (iii) by adding at the end the following:
       ``(2) the trends identified in the Federal risk assessment 
     performed under subsection (i).''; and
       (H) by adding at the end the following:
       ``(n) Binding Operational Directives.--If the Director of 
     the Cybersecurity and Infrastructure Security Agency issues a 
     binding operational directive or an emergency directive under 
     this section, not later than 2 days after the date on which 
     the binding operational directive requires an agency to take 
     an action, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall provide to the 
     appropriate reporting entities the status of the 
     implementation of the binding operational directive at the 
     agency.'';
       (3) in section 3554--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by redesignating subparagraphs (A), (B), and (C) as 
     subparagraphs (B), (C), and (D), respectively;
       (II) by inserting before subparagraph (B), as so 
     redesignated, the following:

       ``(A) on an ongoing and continuous basis, performing agency 
     system risk assessments that--
       ``(i) identify and document the high value assets of the 
     agency using guidance from the Director;
       ``(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

[[Page S8369]]

       ``(ii) on a periodic basis, as determined by guidance 
     issued by the Director but not less frequently than annually, 
     to--

       ``(I) the Director;
       ``(II) the Director of the Cybersecurity and Infrastructure 
     Security Agency; and
       ``(III) the National Cyber Director;

       ``(F) in consultation with the Director of the 
     Cybersecurity and Infrastructure Security Agency and not less 
     frequently than once every 3 years, performing an evaluation 
     of whether additional cybersecurity procedures are 
     appropriate for securing a system of, or under the 
     supervision of, the agency, which shall--
       ``(i) be completed considering the agency system risk 
     assessment performed under subparagraph (A); and
       ``(ii) include a specific evaluation for high value assets;
       ``(G) not later than 30 days after completing the 
     evaluation performed under subparagraph (F), providing the 
     evaluation and an implementation plan, if applicable, for 
     using additional cybersecurity procedures determined to be 
     appropriate to--
       ``(i) the Director of the Cybersecurity and Infrastructure 
     Security Agency;
       ``(ii) the Director; and
       ``(iii) the National Cyber Director; and
       ``(H) if the head of the agency determines there is need 
     for additional cybersecurity procedures, ensuring that those 
     additional cybersecurity procedures are reflected in the 
     budget request of the agency in accordance with the risk-
     based cyber budget model developed pursuant to section 
     3553(a)(7);'';
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by inserting ``in accordance with 
     the agency system risk assessment performed under paragraph 
     (1)(A)'' after ``information systems'';
       (II) in subparagraph (B)--

       (aa) by striking ``in accordance with standards'' and 
     inserting ``in accordance with--
       ``(i) standards''; and
       (bb) by adding at the end the following:
       ``(ii) the evaluation performed under paragraph (1)(F); and
       ``(iii) the implementation plan described in paragraph 
     (1)(G);''; and

       (III) in subparagraph (D), by inserting ``, through the use 
     of penetration testing, the vulnerability disclosure program 
     established under section 3559B, and other means,'' after 
     ``periodically'';

       (iii) in paragraph (3)--

       (I) in subparagraph (A)--

       (aa) in clause (iii), by striking ``and'' at the end;
       (bb) in clause (iv), by adding ``and'' at the end; and
       (cc) by adding at the end the following:
       ``(v) ensure that--

       ``(I) senior agency information security officers of 
     component agencies carry out responsibilities under this 
     subchapter, as directed by the senior agency information 
     security officer of the agency or an equivalent official; and
       ``(II) senior agency information security officers of 
     component agencies report to--

       ``(aa) the senior information security officer of the 
     agency or an equivalent official; and
       ``(bb) the Chief Information Officer of the component 
     agency or an equivalent official;''; and
       (iv) in paragraph (5), by inserting ``and the Director of 
     the Cybersecurity and Infrastructure Security Agency'' before 
     ``on the effectiveness'';
       (B) in subsection (b)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) pursuant to subsection (a)(1)(A), performing ongoing 
     and continuous agency system risk assessments, which may 
     include using guidelines and automated tools consistent with 
     standards and guidelines promulgated under section 11331 of 
     title 40, as applicable;'';
       (ii) in paragraph (2)--

       (I) by striking subparagraph (B) and inserting the 
     following:

       ``(B) comply with the risk-based cyber budget model 
     developed pursuant to section 3553(a)(7);''; and

       (II) in subparagraph (D)--

       (aa) by redesignating clauses (iii) and (iv) as clauses 
     (iv) and (v), respectively;
       (bb) by inserting after clause (ii) the following:
       ``(iii) binding operational directives and emergency 
     directives promulgated by the Director of the Cybersecurity 
     and Infrastructure Security Agency under section 3553;''; and
       (cc) in clause (iv), as so redesignated, by striking ``as 
     determined by the agency; and'' and inserting ``as determined 
     by the agency, considering--

       ``(I) the agency risk assessment performed under subsection 
     (a)(1)(A); and
       ``(II) the determinations of applying more stringent 
     standards and additional cybersecurity procedures pursuant to 
     section 11331(c)(1) of title 40; and'';

       (iii) in paragraph (5)(A), by inserting ``, including 
     penetration testing, as appropriate,'' after ``shall include 
     testing'';
       (iv) in paragraph (6), by striking ``planning, 
     implementing, evaluating, and documenting'' and inserting 
     ``planning and implementing and, in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, evaluating and documenting'';
       (v) by redesignating paragraphs (7) and (8) as paragraphs 
     (8) and (9), respectively;
       (vi) by inserting after paragraph (6) the following:
       ``(7) a process for providing the status of every remedial 
     action and known system vulnerability to the Director and the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, using automation and machine-readable data to the 
     greatest extent practicable;''; and
       (vii) in paragraph (8)(C), as so redesignated--

       (I) by striking clause (ii) and inserting the following:

       ``(ii) notifying and consulting with the Federal 
     information security incident center established under 
     section 3556 pursuant to the requirements of section 3594;'';

       (II) by redesignating clause (iii) as clause (iv);
       (III) by inserting after clause (ii) the following:

       ``(iii) performing the notifications and other activities 
     required under subchapter IV of this title; and''; and

       (IV) in clause (iv), as so redesignated--

       (aa) in subclause (I), by striking ``and relevant offices 
     of inspectors general'';
       (bb) in subclause (II), by adding ``and'' at the end;
       (cc) by striking subclause (III); and
       (dd) by redesignating subclause (IV) as subclause (III);
       (C) in subsection (c)--
       (i) by redesignating paragraph (2) as paragraph (5);
       (ii) by striking paragraph (1) and inserting the following:
       ``(1) Biannual report.--Not later than 2 years after the 
     date of enactment of the Federal Information Security 
     Modernization Act of 2021 and not less frequently than once 
     every 2 years thereafter, using the continuous and ongoing 
     agency system risk assessment under subsection (a)(1)(A), the 
     head of each agency shall submit to the Director, the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, the majority and minority leaders of the Senate, the 
     Speaker and minority leader of the House of Representatives, 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, the Committee on Oversight and Reform of the 
     House of Representatives, the Committee on Homeland Security 
     of the House of Representatives, the Committee on Commerce, 
     Science, and Transportation of the Senate, the Committee on 
     Science, Space, and Technology of the House of 
     Representatives, the appropriate authorization and 
     appropriations committees of Congress, the National Cyber 
     Director, and the Comptroller General of the United States a 
     report that--
       ``(A) summarizes the agency system risk assessment 
     performed under subsection (a)(1)(A);
       ``(B) evaluates the adequacy and effectiveness of 
     information security policies, procedures, and practices of 
     the agency to address the risks identified in the agency 
     system risk assessment performed under subsection (a)(1)(A), 
     including an analysis of the agency's cybersecurity and 
     incident response capabilities using the metrics established 
     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'';

[[Page S8370]]

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

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

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

           ``SUBCHAPTER IV--FEDERAL SYSTEM INCIDENT RESPONSE

     ``Sec. 3591. Definitions

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

     ``Sec. 3592. Notification of breach

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

[[Page S8371]]

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

     ``Sec. 3593. Congressional and Executive Branch reports

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

[[Page S8372]]

     Cybersecurity and Infrastructure Security Agency shall share 
     information relating to an incident with any agencies that 
     may be impacted by the incident.
       ``(4) National security systems.--Each agency operating or 
     exercising control of a national security system shall share 
     information about incidents that occur on national security 
     systems with the Director of the Cybersecurity and 
     Infrastructure Security Agency to the extent consistent with 
     standards and guidelines for national security systems issued 
     in accordance with law and as directed by the President.
       ``(b) Compliance.--The information provided under 
     subsection (a) shall take into account the level of 
     classification of the information and any information sharing 
     limitations and protections, such as limitations and 
     protections relating to law enforcement, national security, 
     privacy, statistical confidentiality, or other factors 
     determined by the Director
       ``(c) Incident Response.--Each agency that has a reasonable 
     basis to conclude that a major incident occurred involving 
     Federal information in electronic medium or form, as defined 
     by the Director and not involving a national security system, 
     regardless of delays from notification granted for a major 
     incident, shall coordinate with the Cybersecurity and 
     Infrastructure Security Agency regarding--
       ``(1) incident response and recovery; and
       ``(2) recommendations for mitigating future incidents.

     ``Sec. 3595. Responsibilities of contractors and awardees

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

     ``Sec. 3596. Training

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

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

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

[[Page S8373]]

       ``(xi) the Committee on Appropriations of the House of 
     Representatives.
       ``(B) Classified form.--A report required under 
     subparagraph (A) may be submitted in a classified form.
       ``(e) Requirement for Compiling Information.--In publishing 
     the public report required under subsection (c), the Director 
     of the Cybersecurity and Infrastructure Security Agency shall 
     sufficiently compile information such that no specific 
     incident of an agency can be identified, except with the 
     concurrence of the Director of the Office of Management and 
     Budget and in consultation with the impacted agency.

     ``Sec. 3598. Major incident definition

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of the Federal Information Security 
     Modernization Act of 2021, the Director, in coordination with 
     the Director of the Cybersecurity and Infrastructure Security 
     Agency and the National Cyber Director, shall develop and 
     promulgate guidance on the definition of the term `major 
     incident' for the purposes of subchapter II and this 
     subchapter.
       ``(b) Requirements.--With respect to the guidance issued 
     under subsection (a), the definition of the term `major 
     incident' shall--
       ``(1) include, with respect to any information collected or 
     maintained by or on behalf of an agency or an information 
     system used or operated by an agency or by a contractor of an 
     agency or another organization on behalf of an agency--
       ``(A) any incident the head of the agency determines is 
     likely to have an impact on--
       ``(i) the national security, homeland security, or economic 
     security of the United States; or
       ``(ii) the civil liberties or public health and safety of 
     the people of the United States;
       ``(B) any incident the head of the agency determines likely 
     to result in an inability for the agency, a component of the 
     agency, or the Federal Government, to provide 1 or more 
     critical services;
       ``(C) any incident that the head of an agency, in 
     consultation with a senior privacy officer of the agency, 
     determines is likely to have a significant privacy impact on 
     1 or more individual;
       ``(D) any incident that the head of the agency, in 
     consultation with a senior privacy official of the agency, 
     determines is likely to have a substantial privacy impact on 
     a significant number of individuals;
       ``(E) any incident the head of the agency determines 
     impacts the operations of a high value asset owned or 
     operated by the agency;
       ``(F) any incident involving the exposure of sensitive 
     agency information to a foreign entity, such as the 
     communications of the head of the agency, the head of a 
     component of the agency, or the direct reports of the head of 
     the agency or the head of a component of the agency; and
       ``(G) any other type of incident determined appropriate by 
     the Director;
       ``(2) stipulate that the National Cyber Director shall 
     declare a major incident at each agency impacted by an 
     incident if the Director of the Cybersecurity and 
     Infrastructure Security Agency determines that an incident--
       ``(A) occurs at not less than 2 agencies; and
       ``(B) is enabled by--
       ``(i) a common technical root cause, such as a supply chain 
     compromise, a common software or hardware vulnerability; or
       ``(ii) the related activities of a common threat actor; and
       ``(3) stipulate that, in determining whether an incident 
     constitutes a major incident because that incident--
       ``(A) is any incident described in paragraph (1), the head 
     of an agency shall consult with the Director of the 
     Cybersecurity and Infrastructure Security Agency;
       ``(B) is an incident described in paragraph (1)(A), the 
     head of the agency shall consult with the National Cyber 
     Director; and
       ``(C) is an incident described in subparagraph (C) or (D) 
     of paragraph (1), the head of the agency shall consult with--
       ``(i) the Privacy and Civil Liberties Oversight Board; and
       ``(ii) the Chair of the Federal Trade Commission.
       ``(c) Significant Number of Individuals.--In determining 
     what constitutes a significant number of individuals under 
     subsection (b)(1)(D), the Director--
       ``(1) may determine a threshold for a minimum number of 
     individuals that constitutes a significant amount; and
       ``(2) may not determine a threshold described in paragraph 
     (1) that exceeds 5,000 individuals.
       ``(d) Evaluation and Updates.--Not later than 2 years after 
     the date of enactment of the Federal Information Security 
     Modernization Act of 2021, and not less frequently than every 
     2 years thereafter, the Director shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Oversight and Reform of the 
     House of Representatives an evaluation, which shall include--
       ``(1) an update, if necessary, to the guidance issued under 
     subsection (a);
       ``(2) the definition of the term `major incident' included 
     in the guidance issued under subsection (a); and
       ``(3) an explanation of, and the analysis that led to, the 
     definition described in paragraph (2).''.
       (2) Clerical amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding at 
     the end the following:

           ``subchapter iv--federal system incident response

``3591. Definitions.
``3592. Notification of breach.
``3593. Congressional and Executive Branch reports.
``3594. Government information sharing and incident response.
``3595. Responsibilities of contractors and awardees.
``3596. Training.
``3597. Analysis and report on Federal incidents.
``3598. Major incident definition.''.

     SEC. 5122. AMENDMENTS TO SUBTITLE III OF TITLE 40.

       (a) Modernizing Government Technology.--Subtitle G of title 
     X of Division A of the National Defense Authorization Act for 
     Fiscal Year 2018 (40 U.S.C. 11301 note) is amended--
       (1) in section 1077(b)--
       (A) in paragraph (5)(A), by inserting ``improving the 
     cybersecurity of systems and'' before ``cost savings 
     activities''; and
       (B) in paragraph (7)--
       (i) in the paragraph heading, by striking ``cio'' and 
     inserting ``CIO'';
       (ii) by striking ``In evaluating projects'' and inserting 
     the following:
       ``(A) Consideration of guidance.--In evaluating projects'';
       (iii) in subparagraph (A), as so designated, by striking 
     ``under section 1094(b)(1)'' and inserting ``by the 
     Director''; and
       (iv) by adding at the end the following:
       ``(B) Consultation.--In using funds under paragraph (3)(A), 
     the Chief Information Officer of the covered agency shall 
     consult with the necessary stakeholders to ensure the project 
     appropriately addresses cybersecurity risks, including the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, as appropriate.''; and
       (2) in section 1078--
       (A) by striking subsection (a) and inserting the following:
       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term in section 551 of title 5, United States Code.
       ``(2) High value asset.--The term `high value asset' has 
     the meaning given the term in section 3552 of title 44, 
     United States Code.'';
       (B) in subsection (b), by adding at the end the following:
       ``(8) Proposal evaluation.--The Director shall--
       ``(A) give consideration for the use of amounts in the Fund 
     to improve the security of high value assets; and
       ``(B) require that any proposal for the use of amounts in 
     the Fund includes a cybersecurity plan, including a supply 
     chain risk management plan, to be reviewed by the member of 
     the Technology Modernization Board described in subsection 
     (c)(5)(C).''; and
       (C) in subsection (c)--
       (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:

[[Page S8374]]

       ``(2) consult with the Director of the Cybersecurity and 
     Infrastructure Security Agency for the development and use of 
     supply chain security best practices.''; and
       (D) in subsection (h), by inserting ``, including 
     cybersecurity performances,'' after ``the performances''; and
       (2) in section 11303(b)--
       (A) in paragraph (2)(B)--
       (i) in clause (i), by striking ``or'' at the end;
       (ii) in clause (ii), by adding ``or'' at the end; and
       (iii) by adding at the end the following:
       ``(iii) whether the function should be performed by a 
     shared service offered by another executive agency;''; and
       (B) in paragraph (5)(B)(i), by inserting ``, while taking 
     into account the risk-based cyber budget model developed 
     pursuant to section 3553(a)(7) of title 44'' after ``title 
     31''.
       (c) Subchapter II.--Subchapter II of subtitle III of title 
     40, United States Code, is amended--
       (1) in section 11312(a), by inserting ``, including 
     security risks'' after ``managing the risks'';
       (2) in section 11313(1), by striking ``efficiency and 
     effectiveness'' and inserting ``efficiency, security, and 
     effectiveness'';
       (3) in section 11315, by adding at the end the following:
       ``(d) Component Agency Chief Information Officers.--The 
     Chief Information Officer or an equivalent official of a 
     component agency shall report to--
       ``(1) the Chief Information Officer designated under 
     section 3506(a)(2) of title 44 or an equivalent official of 
     the agency of which the component agency is a component; and
       ``(2) the head of the component agency.'';
       (4) in section 11317, by inserting ``security,'' before 
     ``or schedule''; and
       (5) in section 11319(b)(1), in the paragraph heading, by 
     striking ``CIOS'' and inserting ``Chief information 
     officers''.
       (d) Subchapter III.--Section 11331 of title 40, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``section 3532(b)(1)'' 
     and inserting ``section 3552(b)'';
       (2) in subsection (b)(1)(A), by striking ``the Secretary of 
     Homeland Security'' and inserting ``the Director of the 
     Cybersecurity and Infrastructure Security Agency'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Application of More Stringent Standards.--
       ``(1) In general.--The head of an agency shall--
       ``(A) evaluate, in consultation with the senior agency 
     information security officers, the need to employ standards 
     for cost-effective, risk-based information security for all 
     systems, operations, and assets within or under the 
     supervision of the agency that are more stringent than the 
     standards promulgated by the Director under this section, if 
     such standards contain, at a minimum, the provisions of those 
     applicable standards made compulsory and binding by the 
     Director; and
       ``(B) to the greatest extent practicable and if the head of 
     the agency determines that the standards described in 
     subparagraph (A) are necessary, employ those standards.
       ``(2) Evaluation of more stringent standards.--In 
     evaluating the need to employ more stringent standards under 
     paragraph (1), the head of an agency shall consider available 
     risk information, such as--
       ``(A) the status of cybersecurity remedial actions of the 
     agency;
       ``(B) any vulnerability information relating to agency 
     systems that is known to the agency;
       ``(C) incident information of the agency;
       ``(D) information from--
       ``(i) penetration testing performed under section 3559A of 
     title 44; and
       ``(ii) information from the vulnerability disclosure 
     program established under section 3559B of title 44;
       ``(E) agency threat hunting results under section 5145 of 
     the Federal Information Security Modernization Act of 2021;
       ``(F) Federal and non-Federal cyber threat intelligence;
       ``(G) data on compliance with standards issued under this 
     section;
       ``(H) agency system risk assessments performed under 
     section 3554(a)(1)(A) of title 44; and
       ``(I) any other information determined relevant by the head 
     of the agency.'';
       (4) in subsection (d)(2)--
       (A) in the paragraph heading, by striking ``Notice and 
     comment'' and inserting ``Consultation, notice, and 
     comment'';
       (B) by inserting ``promulgate,'' before ``significantly 
     modify''; and
       (C) by striking ``shall be made after the public is given 
     an opportunity to comment on the Director's proposed 
     decision.'' and inserting ``shall be made--
       ``(A) for a decision to significantly modify or not 
     promulgate such a proposed standard, after the public is 
     given an opportunity to comment on the Director's proposed 
     decision;
       ``(B) in consultation with the Chief Information Officers 
     Council, the Director of the Cybersecurity and Infrastructure 
     Security Agency, the National Cyber Director, the Comptroller 
     General of the United States, and the Council of the 
     Inspectors General on Integrity and Efficiency;
       ``(C) considering the Federal risk assessments performed 
     under section 3553(i) of title 44; and
       ``(D) considering the extent to which the proposed standard 
     reduces risk relative to the cost of implementation of the 
     standard.''; and
       (5) by adding at the end the following:
       ``(e) Review of Office of Management and Budget Guidance 
     and Policy.--
       ``(1) Conduct of review.--
       ``(A) In general.--Not less frequently than once every 3 
     years, the Director of the Office of Management and Budget, 
     in consultation with the Chief Information Officers Council, 
     the Director of the Cybersecurity and Infrastructure Security 
     Agency, the National Cyber Director, the Comptroller General 
     of the United States, and the Council of the Inspectors 
     General on Integrity and Efficiency shall review the efficacy 
     of the guidance and policy promulgated by the Director in 
     reducing cybersecurity risks, including an assessment of the 
     requirements for agencies to report information to the 
     Director, and determine whether any changes to that guidance 
     or policy is appropriate.
       ``(B) Federal risk assessments.--In conducting the review 
     described in subparagraph (A), the Director shall consider 
     the Federal risk assessments performed under section 3553(i) 
     of title 44.
       ``(2) Updated guidance.--Not later than 90 days after the 
     date on which a review is completed under paragraph (1), the 
     Director of the Office of Management and Budget shall issue 
     updated guidance or policy to agencies determined appropriate 
     by the Director, based on the results of the review.
       ``(3) Public report.--Not later than 30 days after the date 
     on which a review is completed under paragraph (1), the 
     Director of the Office of Management and Budget shall make 
     publicly available a report that includes--
       ``(A) an overview of the guidance and policy promulgated 
     under this section that is currently in effect;
       ``(B) the cybersecurity risk mitigation, or other 
     cybersecurity benefit, offered by each guidance or policy 
     document described in subparagraph (A); and
       ``(C) a summary of the guidance or policy to which changes 
     were determined appropriate during the review and what the 
     changes are anticipated to include.
       ``(4) Congressional briefing.--Not later than 30 days after 
     the date on which a review is completed under paragraph (1), 
     the Director shall provide to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Reform of the House of 
     Representatives a briefing on the review.
       ``(f) Automated Standard Implementation Verification.--When 
     the Director of the National Institute of Standards and 
     Technology issues a proposed standard pursuant to paragraphs 
     (2) and (3) of section 20(a) of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-3(a)), the 
     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;

[[Page S8375]]

       (III) a root cause analysis of incidents that--

       (aa) are common across the Federal Government; or
       (bb) have a Government-wide impact;

       (IV) agency response, recovery, and remediation actions and 
     the effectiveness of those actions; and
       (V) the impact of incidents;

       (ii) enable the efficient development of--

       (I) lessons learned and recommendations in responding to, 
     recovering from, remediating, and mitigating future 
     incidents; and
       (II) the report on Federal incidents required under section 
     3597(b) of title 44, United States Code, as added by this 
     division;

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

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

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

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

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

               TITLE LII--IMPROVING FEDERAL CYBERSECURITY

     SEC. 5141. MOBILE SECURITY STANDARDS.

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

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

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

[[Page S8376]]

       (1) cybersecurity threats facing agencies, including any 
     specific threats to the assigned agency;
       (2) performing risk assessments of agency systems; and
       (3) other Federal cybersecurity initiatives.
       (c) Duties.--The duties of each advisor assigned under 
     subsection (a) shall include--
       (1) providing ongoing assistance and advice, as requested, 
     to the agency Chief Information Officer;
       (2) serving as an incident response point of contact 
     between the assigned agency and the Cybersecurity and 
     Infrastructure Security Agency; and
       (3) familiarizing themselves with agency systems, 
     processes, and procedures to better facilitate support to the 
     agency in responding to incidents.
       (d) Limitation.--An advisor assigned under subsection (a) 
     shall not be a contractor.
       (e) Multiple Assignments.--One individual advisor may be 
     assigned to multiple agency Chief Information Officers under 
     subsection (a).

     SEC. 5144. FEDERAL PENETRATION TESTING POLICY.

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

     ``Sec. 3559A. Federal penetration testing

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

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

     SEC. 5145. ONGOING THREAT HUNTING PROGRAM.

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

[[Page S8377]]

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

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

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

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

     SEC. 5148. AUTOMATION REPORTS.

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

[[Page S8378]]

     the date on which guidance is promulgated under paragraph 
     (1), the Director shall ensure that not less than 3 agencies 
     are subjected to substantially similar penetration tests, as 
     determined by the Director, in coordination with the Director 
     of the Cybersecurity and Infrastructure Security Agency, in 
     order to validate the utility of the covered metrics.
       (4) Analysis capacity.--The Director of the Cybersecurity 
     and Infrastructure Security Agency shall develop a capability 
     that allows for the analysis of the covered metrics, 
     including cross-agency performance of agency cybersecurity 
     and incident response capability trends.
       (d) Congressional Reports.--
       (1) Utility of metrics.--Not later than 1 year after the 
     date of enactment of this Act, the Director of the 
     Cybersecurity and Infrastructure Security Agency shall submit 
     to the appropriate congressional committees a report on the 
     utility of the covered metrics.
       (2) Use of metrics.--Not later than 180 days after the date 
     on which the Director promulgates guidance under subsection 
     (c)(1), the Director shall submit to the appropriate 
     congressional committees a report on the results of the use 
     of the covered metrics by agencies.
       (e) Cybersecurity Act of 2015 Updates.--Section 224 of the 
     Cybersecurity Act of 2015 (6 U.S.C. 1522) is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Improved Metrics.--
       ``(1) In general.--The Director of the Cybersecurity and 
     Infrastructure Security Agency, in coordination with the 
     Director, shall establish, review, and update metrics to 
     measure the cybersecurity and incident response capabilities 
     of agencies in accordance with the responsibilities of 
     agencies under section 3554 of title 44, United States Code.
       ``(2) Qualities.--With respect to the metrics established, 
     reviewed, and updated under paragraph (1)--
       ``(A) not less than 2 of the metrics shall be time-based, 
     such as a metric of--
       ``(i) the amount of time it takes for an agency to detect 
     an incident; and
       ``(ii) the amount of time that passes between--

       ``(I) the detection of an incident and the remediation of 
     the incident; and
       ``(II) the remediation of an incident and the recovery from 
     the incident; and

       ``(B) the metrics may include other measurable outcomes.'';
       (2) by striking subsection (e); and
       (3) by redesignating subsection (f) as subsection (e).

                  TITLE LIII--RISK-BASED BUDGET MODEL

     SEC. 5161. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate; 
     and
       (B) the Committee on Homeland Security and the Committee on 
     Appropriations of the House of Representatives.
       (2) Covered agency.--The term ``covered agency'' has the 
     meaning given the term ``executive agency'' in section 133 of 
     title 41, United States Code.
       (3) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (4) Information technology.--The term ``information 
     technology''--
       (A) has the meaning given the term in section 11101 of 
     title 40, United States Code; and
       (B) includes the hardware and software systems of a Federal 
     agency that monitor and control physical equipment and 
     processes of the Federal agency.
       (5) Risk-based budget.--The term ``risk-based budget'' 
     means a budget--
       (A) developed by identifying and prioritizing cybersecurity 
     risks and vulnerabilities, including impact on agency 
     operations in the case of a cyber attack, through analysis of 
     cyber threat intelligence, incident data, and tactics, 
     techniques, procedures, and capabilities of cyber threats; 
     and
       (B) that allocates resources based on the risks identified 
     and prioritized under subparagraph (A).

     SEC. 5162. ESTABLISHMENT OF RISK-BASED BUDGET MODEL.

       (a) In General.--
       (1) Model.--Not later than 1 year after the first 
     publication of the budget submitted by the President under 
     section 1105 of title 31, United States Code, following the 
     date of enactment of this Act, the Director, in consultation 
     with the Director of the Cybersecurity and Infrastructure 
     Security Agency and the National Cyber Director and in 
     coordination with the Director of the National Institute of 
     Standards and Technology, shall develop a standard model for 
     creating a risk-based budget for cybersecurity spending.
       (2) Responsibility of director.--Section 3553(a) of title 
     44, United States Code, as amended by section 5121 of this 
     division, is further amended by inserting after paragraph (6) 
     the following:
       ``(7) developing a standard risk-based budget model to 
     inform Federal agency cybersecurity budget development; 
     and''.
       (3) Contents of model.--The model required to be developed 
     under paragraph (1) shall--
       (A) consider Federal and non-Federal cyber threat 
     intelligence products, where available, to identify threats, 
     vulnerabilities, and risks;
       (B) consider the impact of agency operations of compromise 
     of systems, including the interconnectivity to other agency 
     systems and the operations of other agencies;
       (C) indicate where resources should be allocated to have 
     the greatest impact on mitigating current and future threats 
     and current and future cybersecurity capabilities;
       (D) be used to inform acquisition and sustainment of--
       (i) information technology and cybersecurity tools;
       (ii) information technology and cybersecurity 
     architectures;
       (iii) information technology and cybersecurity personnel; 
     and
       (iv) cybersecurity and information technology concepts of 
     operations; and
       (E) be used to evaluate and inform Government-wide 
     cybersecurity programs of the Department of Homeland 
     Security.
       (4) Required updates.--Not less frequently than once every 
     3 years, the Director shall review, and update as necessary, 
     the model required to be developed under this subsection.
       (5) Publication.--The Director shall publish the model 
     required to be developed under this subsection, and any 
     updates necessary under paragraph (4), on the public website 
     of the Office of Management and Budget.
       (6) Reports.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter for each of 
     the 2 following fiscal years or until the date on which the 
     model required to be developed under this subsection is 
     completed, whichever is sooner, the Director shall submit a 
     report to Congress on the development of the model.
       (b) Required Use of Risk-based Budget Model.--
       (1) In general.--Not later than 2 years after the date on 
     which the model developed under subsection (a) is published, 
     the head of each covered agency shall use the model to 
     develop the annual cybersecurity and information technology 
     budget requests of the agency.
       (2) Agency performance plans.--Section 3554(d)(2) of title 
     44, United States Code, is amended by inserting ``and the 
     risk-based budget model required under section 3553(a)(7)'' 
     after ``paragraph (1)''.
       (c) Verification.--
       (1) In general.--Section 1105(a)(35)(A)(i) of title 31, 
     United States Code, is amended--
       (A) in the matter preceding subclause (I), by striking ``by 
     agency, and by initiative area (as determined by the 
     administration)'' and inserting ``and by agency'';
       (B) in subclause (III), by striking ``and'' at the end; and
       (C) by adding at the end the following:

       ``(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.

[[Page S8379]]

  


       TITLE LIV--PILOT PROGRAMS TO ENHANCE FEDERAL CYBERSECURITY

     SEC. 5181. ACTIVE CYBER DEFENSIVE STUDY.

       (a) Definition.--In this section, the term ``active defense 
     technique''--
       (1) means an action taken on the systems of an entity to 
     increase the security of information on the network of an 
     agency by misleading an adversary; and
       (2) includes a honeypot, deception, or purposefully feeding 
     false or misleading data to an adversary when the adversary 
     is on the systems of the entity.
       (b) Study.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency, in coordination with the 
     Director, shall perform a study on the use of active defense 
     techniques to enhance the security of agencies, which shall 
     include--
       (1) a review of legal restrictions on the use of different 
     active cyber defense techniques in Federal environments, in 
     consultation with the Department of Justice;
       (2) an evaluation of--
       (A) the efficacy of a selection of active defense 
     techniques determined by the Director of the Cybersecurity 
     and Infrastructure Security Agency; and
       (B) factors that impact the efficacy of the active defense 
     techniques evaluated under subparagraph (A);
       (3) recommendations on safeguards and procedures that shall 
     be established to require that active defense techniques are 
     adequately coordinated to ensure that active defense 
     techniques do not impede threat response efforts, criminal 
     investigations, and national security activities, including 
     intelligence collection; and
                                 ______
                                 
  SA 4765. Mr. HAGERTY (for himself, Mr. King, 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 B of title II, add the following:

     SEC. 2__. COVERED PROJECTS UNDER TITLE XLI OF THE FAST ACT.

       Section 41001 of the FAST Act (42 U.S.C. 4370m) is 
     amended--
       (1) in paragraph (6)(A)--
       (A) in the matter preceding clause (i), by inserting ``key 
     technology focus areas impacting national security,'' after 
     ``broadband,'';
       (B) in clause (iii)(III), by striking ``or'' at the end;
       (C) in clause (iv)(II), by striking the period at the end 
     and inserting ``; or''; and
       (D) by adding at the end the following:
       ``(v)(I) is of substantial national importance and 
     complexity, as determined by the Executive Director; and
       ``(II)(aa) is subject to NEPA;
       ``(bb) requires the preparation of an environmental 
     document; or
       ``(cc) requires an authorization or environmental review 
     that involves 2 or more agencies.'';
       (2) by redesignating paragraphs (15) through (18) as 
     paragraphs (16) through (19), respectively; and
       (3) by inserting after paragraph (14) the following:
       ``(15) Key technology focus area impacting national 
     security.--The term `key technology focus area impacting 
     national security' means an area involving--
       ``(A) semiconductors;
       ``(B) artificial intelligence, machine learning, autonomy, 
     and related advances;
       ``(C) high performance computing and advanced computer 
     hardware and software;
       ``(D) quantum information science and technology;
       ``(E) robotics, automation, and advanced manufacturing;
       ``(F) natural and anthropogenic disaster prevention or 
     mitigation;
       ``(G) advanced communications technology and immersive 
     technology;
       ``(H) biotechnology, medical technology, genomics, and 
     synthetic biology;
       ``(I) data storage, data management, distributed ledger 
     technologies, and cybersecurity, including biometrics;
       ``(J) advanced energy and industrial efficiency 
     technologies, such as batteries and advanced nuclear 
     technologies, including but not limited to for the purposes 
     of electric generation (consistent with section 15 of the 
     National Science Foundation Act of 1950 (42 U.S.C. 1874)); 
     and
       ``(K) advanced materials science, including composites and 
     2D materials.''.
                                 ______
                                 
  SA 4766. 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 consultation 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 4767. Ms. DUCKWORTH submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. _. CHILD CARE RESOURCE GUIDE.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) by redesignating section 49 as section 50; and
       (2) by inserting after section 48 the following new 
     section:

     ``SEC. 49. CHILD CARE RESOURCE GUIDE.

       ``(a) In General.--Not later than 1 year after the date of 
     the enactment of this section and not less frequently than 
     every 5 years thereafter, the Administrator shall publish or 
     update a resource guide, applicable to various business 
     models as determined by the Administrator, for small business 
     concerns operating as child care providers.
       ``(b) Guidance on Small Business Concern Matters.--The 
     resource guide required under subsection (a) shall include 
     guidance for such small business concerns related to--
       ``(1) operations (including marketing and management 
     planning);
       ``(2) finances (including financial planning, financing, 
     payroll, and insurance);
       ``(3) compliance with relevant laws (including the Internal 
     Revenue Code of 1986 and this Act);
       ``(4) training and safety (including equipment and 
     materials);
       ``(5) quality (including eligibility for funding under the 
     Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9857 et seq.) as an eligible child care provider); and
       ``(6) any other matters the Administrator determines 
     appropriate.
       ``(c) Consultation Required.--Before publication or update 
     of the resource guide required under subsection (a), the 
     Administrator shall consult with the following:
       ``(1) The Secretary of Health and Human Services.
       ``(2) Representatives from lead agencies designated under 
     section 658D of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858b).
       ``(3) Representatives from local or regional child care 
     resource and referral organizations described in section 
     658E(c)(3)(B)(iii)(I) of the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9858c(c)(3)(B)(iii)(I)).
       ``(4) Any other relevant entities as determined by the 
     Administrator.
       ``(d) Publication and Dissemination Required.--
       ``(1) Publication.--The Administrator shall publish the 
     resource guide required under subsection (a) in English and 
     in the 10 most commonly spoken languages, other than English, 
     in the United States, which shall include Mandarin, 
     Cantonese, Japanese, and Korean. The Administrator shall make 
     each translation of the resource guide available on a 
     publicly accessible website of the Administration.
       ``(2) Distribution.--
       ``(A) Administrator.--The Administrator shall distribute 
     the resource guide required under subsection (a) to offices 
     within the Administration, including district offices, and to 
     the persons consulted under subsection (c).
       ``(B) Other entities.--Women's business centers (as 
     described under section 29), small business development 
     centers, chapters of the Service Corps of Retired Executives 
     (established under section 8(b)(1)(B)), and Veteran Business 
     Outreach Centers (as described under section 32) shall 
     distribute to small business concerns operating as child care 
     providers, sole proprietors operating as child care 
     providers, and child care providers that have limited 
     administrative capacity, as determined by the Administrator--
       ``(i) the resource guide required under subsection (a); and
       ``(ii) other resources available that the Administrator 
     determines to be relevant.''.

[[Page S8380]]

  

                                 ______
                                 
  SA 4768. Mr. CRAMER (for himself, Ms. Hirono, Mr. Wicker, and Mr. 
Blumenthal) submitted an amendment intended to be proposed to amendment 
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill 
H.R. 4350, to authorize appropriations for fiscal year 2022 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 376. INCREASE IN FUNDING FOR PROCUREMENT AND CERTAIN 
                   OPERATION AND MAINTENANCE ACCOUNTS.

       (a) Additional Funding.--
       (1) Procurement.--The amount authorized to be appropriated 
     for fiscal year 2022 by section 101 for procurement is hereby 
     increased by $10,000,000.
       (2) Operation and maintenance.--The amount authorized to be 
     appropriated for fiscal year 2022 by section 301 for 
     operation and maintenance is hereby increased by $40,000,000.
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2022 by section 301 for operation and maintenance 
     is hereby decreased by $50,000,000, with the amount of the 
     reduction to be derived from Army Operation and Maintenance, 
     Afghanistan Security Forces Fund, Afghan National Army, 
     Sustainment, line 010 of the table in section 4301.
                                 ______
                                 
  SA 4769. 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 appropriate place in title XVI, insert the 
     following:

     SEC. ___. REPORT ON PATHWAYS FOR CYBER AND SOFTWARE 
                   ENGINEERING WORKFORCE GROWTH.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report on pathways for cyber and 
     software engineering workforce growth.
       (b) Matters Covered.--The report required by subsection (a) 
     shall cover the following:
       (1) Any current Department of Defense hiring practices or 
     restrictions that constrain workforce growth or retention.
       (2) Areas where partnership with State and local 
     educational agencies focused on elementary or secondary 
     education can boost workforce in an area, especially in rural 
     schools and schools that receive funds under part A of title 
     I of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.).
       (3) Incentive and policy options to bring qualified 
     individuals to the regions where the jobs are currently.
       (4) Authorities and programs at the Department of Labor 
     that could be used to educate, retrain, or incentivize 
     individuals to pursue these fields in cyber and software 
     engineering.
       (5) Options for scholarships and internships to grow a 
     cyber and software engineering workforce pipeline.
                                 ______
                                 
  SA 4770. Ms. MURKOWSKI (for herself, Mr. King, 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 appropriate place, insert the following:

     SEC. ___. MODIFICATION TO REGIONAL CENTERS FOR SECURITY 
                   STUDIES.

       (a) In General.--Section 342(b)(2) of title 10, United 
     States Code, is amended by adding at the end the following 
     new subparagraph:
       ``(F) The Ted Stevens Center for Arctic Security Studies, 
     established in 2021 and located in Anchorage, Alaska.''.
       (b) Acceptance of Gifts and Donations.--Section 2611(a)(2) 
     of title 10, United States Code, is amended by adding at the 
     end the following new subparagraph:
       ``(F) The Ted Stevens Center for Arctic Security Studies, 
     established in 2021 and located in Anchorage, Alaska.''.
                                 ______
                                 
  SA 4771. Mr. HICKENLOOPER (for himself, Mr. Cramer, Mr. Kelly, and 
Mr. Moran) submitted an amendment intended to be proposed to amendment 
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill 
H.R. 4350, to authorize appropriations for fiscal year 2022 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1516. SENSE OF SENATE ON ANTI-SATELLITE MISSILE TEST OF 
                   RUSSIAN FEDERATION.

       It is the sense of the Senate that--
       (1) the reckless anti-satellite missile test of the Russian 
     Federation on November 15, 2021, and the threat the resulting 
     orbital debris poses to satellites, ongoing and future space 
     missions, and the safety of United States astronauts at the 
     International Space Station, are to be condemned; and
       (2) support for responsible norms of behavior in space 
     should be reaffirmed.
                                 ______
                                 
  SA 4772. Mr. VAN HOLLEN (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. HIGH RESEARCH ACTIVITY STATUS HBCU PILOT PROGRAM.

       (a) Purposes.--The purposes of the program established 
     under this section shall be--
       (1) to enable high research activity status historically 
     Black colleges and universities to achieve very high research 
     activity status; and
       (2) to increase the national number of African-American 
     undergraduate and graduate students with degrees in science, 
     technology, engineering, and mathematics.
       (b) Definitions.--
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (2) High research activity status.--The term ``high 
     research activity status'' means such status, as classified 
     by the Carnegie Classification of Institutions of Higher 
     Education.
       (3) Historically black college or university.--The term 
     ``historically Black college or university'' has the meaning 
     given the term ``part B institution'' under section 322 of 
     the Higher Education Act of 1965 (20 U.S.C. 1061).
       (4) Very high research activity status.--The term ``very 
     high research activity status'' means such status, as 
     classified by the Carnegie Classification of Institutions of 
     Higher Education.
       (c) Very High Research Activity Status Historically Black 
     Colleges or Universities Program.--
       (1) Program.--The Secretary is authorized to establish and 
     carry out, using funds made available for research activities 
     across the Office of the Undersecretary of Defense for 
     Research and Engineering, a pilot program to award grants in 
     focused areas of scientific research on a competitive, merit-
     reviewed basis to grow high research activity status (R2) 
     historically Black colleges and universities to achieve very 
     high research activity status (R1), while increasing the 
     national number of African-American undergraduate, graduate, 
     and post-doctoral students with degrees in science, 
     technology, engineering, and mathematics. The Secretary may 
     expand the program to other historically Black colleges or 
     universities beyond those historically Black colleges or 
     universities classified as high research activity status if 
     the Secretary determines that the program can support such an 
     expansion.
       (2) Grants.--In carrying out the program, the Secretary 
     shall award grants for key areas of scientific research on a 
     competitive, merit-reviewed basis to historically Black 
     colleges or universities that are classified as high research 
     activity status institutions at the time of application for 
     such a grant.
       (3) Application.--
       (A) In general.--To be eligible to receive a grant under 
     this section, a historically Black college or university 
     described in paragraph (2) shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require.
       (B) Contents.--The application described in subparagraph 
     (A) shall include, at a minimum, a description of--
       (i) a plan for increasing the level of research activity 
     and achieving very high research activity status 
     classification within 10 years of the grant award, including 
     measurable milestones such as growth in research 
     expenditures, number of research doctoral degrees awarded, 
     number of research-focused faculty, and other relevant 
     factors;
       (ii) how the institution of higher education will sustain 
     the increased level of research activity beyond the duration 
     of the award; and

[[Page S8381]]

       (iii) how the implementation of the proposed plan will be 
     evaluated and assessed.
       (4) Program components.--
       (A) Strategic areas of scientific research.--In 
     consultation with the Defense Science Board, the Secretary, 
     or the Secretary's designee, shall establish annually a list 
     of key areas of research for which applicants can seek 
     funding.
       (B) Use of funds.--An institution that receives a grant 
     under this section shall use the grant funds to support 
     research activities, including--
       (i) faculty professional development;
       (ii) stipends for undergraduate and graduate students and 
     post-doctoral scholars;
       (iii) laboratory equipment and instrumentation; and
       (iv) other activities necessary to build research capacity.
       (C) Research assessment.--
       (i) In general.--An institution that submits a proposal for 
     a grant under this section shall submit with their proposal a 
     plan that describes the institution's plan to achieve very 
     high research activity status, including making investments 
     with institutional and non-Federal funds, to achieve that 
     status within a decade of the grant award, to the extent 
     practicable.
       (ii) Updated plan.--An institution that receives a grant 
     under this section shall submit to the Secretary an updated 
     plan described in clause (i) not less than once every 3 
     years, which shall be based on a self-assessment of progress 
     in achieving very high research activity status.
       (D) Transition eligibility.--The Secretary may consider 
     creating pathways for new historically Black colleges or 
     universities to enter into the program under this section as 
     participating institutions achieve very high research 
     activity status.
                                 ______
                                 
  SA 4773. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 318. DEPARTMENT OF DEFENSE PLAN TO MEET SCIENCE-BASED 
                   EMISSIONS TARGETS.

       (a) Plan Required.--Not later than September 30, 2022, the 
     Secretary of Defense shall submit to Congress a plan to 
     reduce the greenhouse gas emissions of the Department of 
     Defense, including functions of the Department that are 
     performed by contractors, in line with science-based 
     emissions targets.
       (b) Updates.--Not later than one year after the submittal 
     of the plan under subsection (a), and annually thereafter, 
     the Secretary shall submit to Congress a report on the 
     progress of the Department toward meeting the science-based 
     emissions targets in such plan.
       (c) Science-based Emissions Target Defined.--In this 
     section, the term ``science-based emissions target'' means a 
     reduction in greenhouse gas emissions consistent with 
     preventing an increase in global average temperature of 
     greater than or equal to 1.5 degrees Celsius compared to pre-
     industrial levels.
                                 ______
                                 
  SA 4774. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 3__. REQUIREMENTS RELATING TO JOINT USE AGREEMENTS.

       (a) Prohibition.--The Secretary of a military department 
     may not enter into or modify a joint use agreement with a 
     non-Department of Defense organization that is not beneficial 
     to the Department of Defense.
       (b) Notice and Wait Requirement.--
       (1) In general.--The Secretary of a military department may 
     not enter into a joint use agreement with a non-Department of 
     Defense organization until 180 days after certifying to the 
     congressional defense committees that the agreement will 
     benefit the operations and readiness of the military 
     installation concerned or the Department overall.
       (2) Elements.--A certification required by paragraph (1) 
     shall include the following elements:
       (A) A determination that the operations and readiness of 
     the military installation concerned will benefit as a result 
     of the agreement.
       (B) A description of the effect of the agreement on the 
     installation and the Department.
       (C) A description of the benefit of the agreement to 
     outside agencies.
       (D) A description of alternative options to the agreement 
     that were investigated.
       (E) Any other elements the Secretary considers relevant.
                                 ______
                                 
  SA 4775. 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:

        Strike section 1508 and insert the following:

     SEC. 1508. MODIFICATIONS TO EFFECTIVE DATES RELATING TO THE 
                   ASSISTANT SECRETARY OF THE AIR FORCE FOR SPACE 
                   ACQUISITION AND INTEGRATION AND THE SERVICE 
                   ACQUISITION EXECUTIVE OF THE DEPARTMENT OF THE 
                   AIR FORCE FOR SPACE SYSTEMS AND PROGRAMS.

       (a) Modification to Effective Date of Transfer of 
     Acquisition Projects for Space Systems and Programs.--Section 
     956(b)(3) of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1566; 10 
     U.S.C. 9016 note), as amended by section 1507(c), is further 
     amended--
       (1) by striking ``Effective'' and inserting ``Not later 
     than''; and
       (2) by striking ``as of September 30, 2022'' and inserting 
     ``at the time of such transfer''.
       (b) Modifications to Effective Dates for Service 
     Acquisition Executive of the Department of the Air Force for 
     Space Systems and Programs.--
       (1) In general.--Section 957 of the National Defense 
     Authorization Act for Fiscal Year 2020 (10 U.S.C. 9016 note) 
     is amended--
       (A) in subsection (a), by striking ``Effective'' and 
     inserting ``Not later than''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``Effective as of'' and 
     inserting ``Not later than''; and
       (ii) in paragraph (2), by striking ``as of October 1, 
     2022'' and inserting ``as described in paragraph (1)''.
       (2) Conforming amendment.--Section 9016(b)(6)(vi) of title 
     10, United States Code, as amended by section 1505(b), is 
     further amended by striking ``Effective as of'' and inserting 
     ``Not later than''.
       (3) Technical correction.--Section 957(b)(1) of the 
     National Defense Authorization Act for Fiscal Year 2020 (10 
     U.S.C. 9016 note) is amended by striking ``section 1832(b)'' 
     and inserting ``section 956(b)''.
                                 ______
                                 
  SA 4776. Mr. PETERS (for himself, Mr. Portman, and Mr. Grassley) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

 DIVISION E--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT ACT OF 2021

     SEC. 5101. SHORT TITLE.

       This division may be cited as the ``Inspector General 
     Independence and Empowerment Act of 2021''.

                TITLE LI--INSPECTOR GENERAL INDEPENDENCE

     SEC. 5111. SHORT TITLE.

       This title may be cited as the ``Securing Inspector General 
     Independence Act of 2021''.

     SEC. 5112. REMOVAL OR TRANSFER OF INSPECTORS GENERAL; 
                   PLACEMENT ON NON-DUTY STATUS.

       (a) In General.--The Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--
       (1) in section 3(b)--
       (A) by inserting ``(1)(A)'' after ``(b)'';
       (B) in paragraph (1), as so designated--
       (i) in subparagraph (A), as so designated, in the second 
     sentence--

       (I) by striking ``reasons'' and inserting the following: 
     ``substantive rationale, including detailed and case-specific 
     reasons,''; and
       (II) by inserting ``(including to the appropriate 
     congressional committees)'' after ``Houses of Congress''; and

       (ii) by adding at the end the following:
       ``(B) If there is an open or completed inquiry into an 
     Inspector General that relates to the removal or transfer of 
     the Inspector General under subparagraph (A), the written 
     communication required under that subparagraph shall--
       ``(i) identify each entity that is conducting, or that 
     conducted, the inquiry; and
       ``(ii) in the case of a completed inquiry, contain the 
     findings made during the inquiry.''; and
       (C) by adding at the end the following:
       ``(2)(A) Subject to the other provisions of this paragraph, 
     only the President may place an Inspector General on non-duty 
     status.
       ``(B) If the President places an Inspector General on non-
     duty status, the President

[[Page S8382]]

     shall communicate in writing the substantive rationale, 
     including detailed and case-specific reasons, for the change 
     in status to both Houses of Congress (including to the 
     appropriate congressional committees) not later than 15 days 
     before the date on which the change in status takes effect, 
     except that the President may submit that communication not 
     later than the date on which the change in status takes 
     effect if--
       ``(i) the President has made a determination that the 
     continued presence of the Inspector General in the workplace 
     poses a threat described in any of clauses (i) through (iv) 
     of section 6329b(b)(2)(A) of title 5, United States Code; and
       ``(ii) in the communication, the President includes a 
     report on the determination described in clause (i), which 
     shall include--
       ``(I) a specification of which clause of section 
     6329b(b)(2)(A) of title 5, United States Code, the President 
     has determined applies under clause (i) of this subparagraph;
       ``(II) the substantive rationale, including detailed and 
     case-specific reasons, for the determination made under 
     clause (i);
       ``(III) an identification of each entity that is 
     conducting, or that conducted, any inquiry upon which the 
     determination under clause (i) was made; and
       ``(IV) in the case of an inquiry described in subclause 
     (III) that is completed, the findings made during that 
     inquiry.
       ``(C) The President may not place an Inspector General on 
     non-duty status during the 30-day period preceding the date 
     on which the Inspector General is removed or transferred 
     under paragraph (1)(A) unless the President--
       ``(i) has made a determination that the continued presence 
     of the Inspector General in the workplace poses a threat 
     described in any of clauses (i) through (iv) of section 
     6329b(b)(2)(A) of title 5, United States Code; and
       ``(ii) not later than the date on which the change in 
     status takes effect, submits to both Houses of Congress 
     (including to the appropriate congressional committees) a 
     written communication that contains the information required 
     under subparagraph (B), including the report required under 
     clause (ii) of that subparagraph.
       ``(D) For the purposes of this paragraph--
       ``(i) the term `Inspector General'--
       ``(I) means an Inspector General who was appointed by the 
     President, without regard to whether the Senate provided 
     advice and consent with respect to that appointment; and
       ``(II) includes the Inspector General of an establishment, 
     the Inspector General of the Intelligence Community, the 
     Inspector General of the Central Intelligence Agency, the 
     Special Inspector General for Afghanistan Reconstruction, the 
     Special Inspector General for the Troubled Asset Relief 
     Program, and the Special Inspector General for Pandemic 
     Recovery; and
       ``(ii) a reference to the removal or transfer of an 
     Inspector General under paragraph (1), or to the written 
     communication described in that paragraph, shall be 
     considered to be--
       ``(I) in the case of the Inspector General of the 
     Intelligence Community, a reference to section 103H(c)(4) of 
     the National Security Act of 1947 (50 U.S.C. 3033(c)(4));
       ``(II) in the case of the Inspector General of the Central 
     Intelligence Agency, a reference to section 17(b)(6) of the 
     Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(b)(6));
       ``(III) in the case of the Special Inspector General for 
     Afghanistan Reconstruction, a reference to section 1229(c)(6) 
     of the National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181; 122 Stat. 378);
       ``(IV) in the case of the Special Inspector General for the 
     Troubled Asset Relief Program, a reference to section 
     121(b)(4) of the Emergency Economic Stabilization Act of 2008 
     (12 U.S.C. 5231(b)(4)); and
       ``(V) in the case of the Special Inspector General for 
     Pandemic Recovery, a reference to section 4018(b)(3) of the 
     CARES Act (15 U.S.C. 9053(b)(3)).''; and
       (2) in section 8G(e)--
       (A) in paragraph (1), by inserting ``or placement on non-
     duty status'' after ``a removal'';
       (B) in paragraph (2)--
       (i) by inserting ``(A)'' after ``(2)'';
       (ii) in subparagraph (A), as so designated, in the first 
     sentence--

       (I) by striking ``reasons'' and inserting the following: 
     ``substantive rationale, including detailed and case-specific 
     reasons,''; and
       (II) by inserting ``(including to the appropriate 
     congressional committees)'' after ``Houses of Congress''; and

       (iii) by adding at the end the following:
       ``(B) If there is an open or completed inquiry into an 
     Inspector General that relates to the removal or transfer of 
     the Inspector General under subparagraph (A), the written 
     communication required under that subparagraph shall--
       ``(i) identify each entity that is conducting, or that 
     conducted, the inquiry; and
       ``(ii) in the case of a completed inquiry, contain the 
     findings made during the inquiry.''; and
       (C) by adding at the end the following:
       ``(3)(A) Subject to the other provisions of this paragraph, 
     only the head of the applicable designated Federal entity 
     (referred to in this paragraph as the `covered official') may 
     place an Inspector General on non-duty status.
       ``(B) If a covered official places an Inspector General on 
     non-duty status, the covered official shall communicate in 
     writing the substantive rationale, including detailed and 
     case-specific reasons, for the change in status to both 
     Houses of Congress (including to the appropriate 
     congressional committees) not later than 15 days before the 
     date on which the change in status takes effect, except that 
     the covered official may submit that communication not later 
     than the date on which the change in status takes effect if--
       ``(i) the covered official has made a determination that 
     the continued presence of the Inspector General in the 
     workplace poses a threat described in any of clauses (i) 
     through (iv) of section 6329b(b)(2)(A) of title 5, United 
     States Code; and
       ``(ii) in the communication, the covered official includes 
     a report on the determination described in clause (i), which 
     shall include--
       ``(I) a specification of which clause of section 
     6329b(b)(2)(A) of title 5, United States Code, the covered 
     official has determined applies under clause (i) of this 
     subparagraph;
       ``(II) the substantive rationale, including detailed and 
     case-specific reasons, for the determination made under 
     clause (i);
       ``(III) an identification of each entity that is 
     conducting, or that conducted, any inquiry upon which the 
     determination under clause (i) was made; and
       ``(IV) in the case of an inquiry described in subclause 
     (III) that is completed, the findings made during that 
     inquiry.
       ``(C) A covered official may not place an Inspector General 
     on non-duty status during the 30-day period preceding the 
     date on which the Inspector General is removed or transferred 
     under paragraph (2)(A) unless the covered official--
       ``(i) has made a determination that the continued presence 
     of the Inspector General in the workplace poses a threat 
     described in any of clauses (i) through (iv) of section 
     6329b(b)(2)(A) of title 5, United States Code; and
       ``(ii) not later than the date on which the change in 
     status takes effect, submits to both Houses of Congress 
     (including to the appropriate congressional committees) a 
     written communication that contains the information required 
     under subparagraph (B), including the report required under 
     clause (ii) of that subparagraph.
       ``(D) Nothing in this paragraph may be construed to limit 
     or otherwise modify--
       ``(i) any statutory protection that is afforded to an 
     Inspector General; or
       ``(ii) any other action that a covered official may take 
     under law with respect to an Inspector General.''.
       (b) Technical and Conforming Amendment.--Section 12(3) of 
     the Inspector General Act of 1978 (5 U.S.C. App.) is amended 
     by inserting ``except as otherwise expressly provided,'' 
     before ``the term''.

     SEC. 5113. VACANCY IN POSITION OF INSPECTOR GENERAL.

       (a) In General.--Section 3 of the Inspector General Act of 
     1978 (5 U.S.C. App.) is amended by adding at the end the 
     following:
       ``(h)(1) In this subsection--
       ``(A) the term `first assistant to the position of 
     Inspector General' means, with respect to an Office of 
     Inspector General--
       ``(i) an individual who, as of the day before the date on 
     which the Inspector General dies, resigns, or otherwise 
     becomes unable to perform the functions and duties of that 
     position--
       ``(I) is serving in a position in that Office; and
       ``(II) has been designated in writing by the Inspector 
     General, through an order of succession or otherwise, as the 
     first assistant to the position of Inspector General; or
       ``(ii) if the Inspector General has not made a designation 
     described in clause (i)(II)--
       ``(I) the Principal Deputy Inspector General of that 
     Office, as of the day before the date on which the Inspector 
     General dies, resigns, or otherwise becomes unable to perform 
     the functions and duties of that position; or
       ``(II) if there is no Principal Deputy Inspector General of 
     that Office, the Deputy Inspector General of that Office, as 
     of the day before the date on which the Inspector General 
     dies, resigns, or otherwise becomes unable to perform the 
     functions and duties of that position; and
       ``(B) the term `Inspector General'--
       ``(i) means an Inspector General who is appointed by the 
     President, by and with the advice and consent of the Senate; 
     and
       ``(ii) includes the Inspector General of an establishment, 
     the Inspector General of the Intelligence Community, the 
     Inspector General of the Central Intelligence Agency, the 
     Special Inspector General for the Troubled Asset Relief 
     Program, and the Special Inspector General for Pandemic 
     Recovery.
       ``(2) If an Inspector General dies, resigns, or is 
     otherwise unable to perform the functions and duties of the 
     position--
       ``(A) section 3345(a) of title 5, United States Code, and 
     section 103(e) of the National Security Act of 1947 (50 
     U.S.C. 3025(e)) shall not apply;
       ``(B) subject to paragraph (4), the first assistant to the 
     position of Inspector General shall perform the functions and 
     duties of the Inspector General temporarily in an acting 
     capacity subject to the time limitations of section 3346 of 
     title 5, United States Code; and
       ``(C) notwithstanding subparagraph (B), and subject to 
     paragraphs (4) and (5), the President (and only the 
     President) may direct an officer or employee of any Office of 
     an Inspector General to perform the functions and duties of 
     the Inspector General temporarily in an acting capacity 
     subject to the time limitations of section 3346 of title 5, 
     United States Code, only if--

[[Page S8383]]

       ``(i) during the 365-day period preceding the date of 
     death, resignation, or beginning of inability to serve of the 
     Inspector General, the officer or employee served in a 
     position in an Office of an Inspector General for not less 
     than 90 days, except that--
       ``(I) the requirement under this clause shall not apply if 
     the officer is an Inspector General; and
       ``(II) for the purposes of this subparagraph, performing 
     the functions and duties of an Inspector General temporarily 
     in an acting capacity does not qualify as service in a 
     position in an Office of an Inspector General;
       ``(ii) the rate of pay for the position of the officer or 
     employee described in clause (i) is equal to or greater than 
     the minimum rate of pay payable for a position at GS-15 of 
     the General Schedule;
       ``(iii) the officer or employee has demonstrated ability in 
     accounting, auditing, financial analysis, law, management 
     analysis, public administration, or investigations; and
       ``(iv) not later than 30 days before the date on which the 
     direction takes effect, the President communicates in writing 
     to both Houses of Congress (including to the appropriate 
     congressional committees) the substantive rationale, 
     including the detailed and case-specific reasons, for such 
     direction, including the reason for the direction that 
     someone other than the individual who is performing the 
     functions and duties of the Inspector General temporarily in 
     an acting capacity (as of the date on which the President 
     issues that direction) perform those functions and duties 
     temporarily in an acting capacity.
       ``(3) Notwithstanding section 3345(a) of title 5, United 
     States Code, section 103(e) of the National Security Act of 
     1947 (50 U.S.C. 3025(e)), and subparagraphs (B) and (C) of 
     paragraph (2), and subject to paragraph (4), during any 
     period in which an Inspector General is on non-duty status--
       ``(A) the first assistant to the position of Inspector 
     General shall perform the functions and duties of the 
     position temporarily in an acting capacity subject to the 
     time limitations of section 3346 of title 5, United States 
     Code; and
       ``(B) if the first assistant described in subparagraph (A) 
     dies, resigns, or becomes otherwise unable to perform those 
     functions and duties, the President (and only the President) 
     may direct an officer or employee in that Office of Inspector 
     General to perform those functions and duties temporarily in 
     an acting capacity, subject to the time limitations of 
     section 3346 of title 5, United States Code, if--
       ``(i) that direction satisfies the requirements under 
     clauses (ii), (iii), and (iv) of paragraph (2)(C); and
       ``(ii) that officer or employee served in a position in 
     that Office of Inspector General for not fewer than 90 of the 
     365 days preceding the date on which the President makes that 
     direction.
       ``(4) An individual may perform the functions and duties of 
     an Inspector General temporarily and in an acting capacity 
     under subparagraph (B) or (C) of paragraph (2), or under 
     paragraph (3), with respect to only 1 Inspector General 
     position at any given time.
       ``(5) If the President makes a direction under paragraph 
     (2)(C), during the 30-day period preceding the date on which 
     the direction of the President takes effect, the functions 
     and duties of the position of the applicable Inspector 
     General shall be performed by--
       ``(A) the first assistant to the position of Inspector 
     General; or
       ``(B) the individual performing those functions and duties 
     temporarily in an acting capacity, as of the date on which 
     the President issues that direction, if that individual is an 
     individual other than the first assistant to the position of 
     Inspector General.''.
       (b) Rule of Construction.--Nothing in the amendment made by 
     subsection (a) may be construed to limit the applicability of 
     sections 3345 through 3349d of title 5, United States Code 
     (commonly known as the ``Federal Vacancies Reform Act of 
     1998''), other than with respect to section 3345(a) of that 
     title.
       (c) Effective Date.--
       (1) Definition.--In this subsection, the term ``Inspector 
     General'' has the meaning given the term in subsection 
     (h)(1)(B) of section 3 of the Inspector General Act of 1978 
     (5 U.S.C. App.), as added by subsection (a) of this section.
       (2) Applicability.--
       (A) In general.--Except as provided in subparagraph (B), 
     this section, and the amendments made by this section, shall 
     take effect on the date of enactment of this Act.
       (B) Existing vacancies.--If, as of the date of enactment of 
     this Act, an individual is performing the functions and 
     duties of an Inspector General temporarily in an acting 
     capacity, this section, and the amendments made by this 
     section, shall take effect with respect to that Inspector 
     General position on the date that is 30 days after the date 
     of enactment of this Act.

     SEC. 5114. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER 
                   COMPLAINTS.

       (a) Whistleblower Protection Coordinator.--Section 
     3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in clause (i), in the matter preceding subclause (I), 
     by inserting ``, including employees of that Office of 
     Inspector General'' after ``employees''; and
       (2) in clause (iii), by inserting ``(including the 
     Integrity Committee of that Council)'' after ``and 
     Efficiency''.
       (b) Council of the Inspectors General on Integrity and 
     Efficiency.--Section 11(c)(5)(B) of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended by striking ``, 
     allegations of reprisal,'' and inserting the following: ``and 
     allegations of reprisal (including the timely and appropriate 
     handling and consideration of protected disclosures and 
     allegations of reprisal that are internal to an Office of 
     Inspector General)''.

TITLE LII--PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR 
                                GENERAL

     SEC. 5121. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN 
                   INSPECTOR GENERAL.

       (a) In General.--Subchapter III of chapter 33 of title 5, 
     United States Code, is amended by inserting after section 
     3349d the following:

     ``Sec. 3349e. Presidential explanation of failure to nominate 
       an inspector general

       ``If the President fails to make a formal nomination for a 
     vacant inspector general position that requires a formal 
     nomination by the President to be filled within the period 
     beginning on the later of the date on which the vacancy 
     occurred or on which a nomination is rejected, withdrawn, or 
     returned, and ending on the day that is 210 days after that 
     date, the President shall communicate, within 30 days after 
     the end of such period and not later than June 1 of each year 
     thereafter, to the appropriate congressional committees, as 
     defined in section 12 of the Inspector General Act of 1978 (5 
     U.S.C. App.)--
       ``(1) the reasons why the President has not yet made a 
     formal nomination; and
       ``(2) a target date for making a formal nomination.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for subchapter III of chapter 33 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 3349d the following:

``3349e. Presidential explanation of failure to nominate an Inspector 
              General.''.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect--
       (1) on the date of enactment of this Act with respect to 
     any vacancy first occurring on or after that date; and
       (2) on the day that is 210 days after the date of enactment 
     of this Act with respect to any vacancy that occurred before 
     the date of enactment of this Act.

TITLE LIII--INTEGRITY COMMITTEE OF THE COUNCIL OF INSPECTORS GENERAL ON 
                 INTEGRITY AND EFFICIENCY TRANSPARENCY

     SEC. 5131. SHORT TITLE.

       This title may be cited as the ``Integrity Committee 
     Transparency Act of 2021''.

     SEC. 5132. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS 
                   AND REPORTS TO CONGRESS.

       Section 11(d) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--
       (1) in paragraph (5)(B)(ii), by striking the period at the 
     end and inserting ``, the length of time the Integrity 
     Committee has been evaluating the allegation of wrongdoing, 
     and a description of any previous written notice provided 
     under this clause with respect to the allegation of 
     wrongdoing, including the description provided for why 
     additional time was needed.''; and
       (2) in paragraph (8)(A)(ii), by inserting ``or corrective 
     action'' after ``disciplinary action''.

     SEC. 5133. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN 
                   ALLEGATIONS OF WRONGDOING CLOSED WITHOUT 
                   REFERRAL.

       Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by adding at the end the following:
       ``(iii) Availability of information to congress on certain 
     allegations of wrongdoing closed without referral.--

       ``(I) In general.--With respect to an allegation of 
     wrongdoing made by a member of Congress that is closed by the 
     Integrity Committee without referral to the Chairperson of 
     the Integrity Committee to initiate an investigation, the 
     Chairperson of the Integrity Committee shall, not later than 
     60 days after closing the allegation of wrongdoing, provide a 
     written description of the nature of the allegation of 
     wrongdoing and how the Integrity Committee evaluated the 
     allegation of wrongdoing to--

       ``(aa) the Chair and Ranking Minority Member of the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       ``(bb) the Chair and Ranking Minority Member of the 
     Committee on Oversight and Reform of the House of 
     Representatives.

       ``(II) Requirement to forward.--The Chairperson of the 
     Integrity Committee shall forward any written description or 
     update provided under this clause to the members of the 
     Integrity Committee and to the Chairperson of the Council.''.

     SEC. 5134. SEMIANNUAL REPORT.

       Section 11(d)(9) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended to read as follows:
       ``(9) Semiannual report.--On or before May 31, 2022, and 
     every 6 months thereafter, the Council shall submit to 
     Congress and the President a report on the activities of the 
     Integrity Committee during the immediately preceding 6-month 
     periods ending March 31 and September 30, which shall include 
     the following with respect to allegations of wrongdoing that 
     are made against Inspectors

[[Page S8384]]

     General and staff members of the various Offices of Inspector 
     General described in paragraph (4)(C):
       ``(A) An overview and analysis of the allegations of 
     wrongdoing disposed of by the Integrity Committee, 
     including--
       ``(i) analysis of the positions held by individuals against 
     whom allegations were made, including the duties affiliated 
     with such positions;
       ``(ii) analysis of the categories or types of the 
     allegations of wrongdoing; and
       ``(iii) a summary of disposition of all the allegations.
       ``(B) The number of allegations received by the Integrity 
     Committee.
       ``(C) The number of allegations referred to the Department 
     of Justice or the Office of Special Counsel, including the 
     number of allegations referred for criminal investigation.
       ``(D) The number of allegations referred to the Chairperson 
     of the Integrity Committee for investigation, a general 
     description of the status of such investigations, and a 
     summary of the findings of investigations completed.
       ``(E) An overview and analysis of allegations of wrongdoing 
     received by the Integrity Committee during any previous 
     reporting period, but remained pending during some part of 
     the six months covered by the report, including--
       ``(i) analysis of the positions held by individuals against 
     whom allegations were made, including the duties affiliated 
     with such positions;
       ``(ii) analysis of the categories or types of the 
     allegations of wrongdoing; and
       ``(iii) a summary of disposition of all the allegations.
       ``(F) The number and category or type of pending 
     investigations.
       ``(G) For each allegation received--
       ``(i) the date on which the investigation was opened;
       ``(ii) the date on which the allegation was disposed of, as 
     applicable; and
       ``(iii) the case number associated with the allegation.
       ``(H) The nature and number of allegations to the Integrity 
     Committee closed without referral, including the 
     justification for why each allegation was closed without 
     referral.
       ``(I) A brief description of any difficulty encountered by 
     the Integrity Committee when receiving, evaluating, 
     investigating, or referring for investigation an allegation 
     received by the Integrity Committee, including a brief 
     description of--
       ``(i) any attempt to prevent or hinder an investigation; or
       ``(ii) concerns about the integrity or operations at an 
     Office of Inspector General.
       ``(J) Other matters that the Council considers 
     appropriate.''.

     SEC. 5135. ADDITIONAL REPORTS.

       Section 5 of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(e) Additional Reports.--
       ``(1) Report to inspector general.--The Chairperson of the 
     Integrity Committee of the Council of the Inspectors General 
     on Integrity and Efficiency shall, immediately whenever the 
     Chairperson of the Integrity Committee becomes aware of 
     particularly serious or flagrant problems, abuses, or 
     deficiencies relating to the administration of programs and 
     operations of an Office of Inspector General for which the 
     Integrity Committee may receive, review, and refer for 
     investigation allegations of wrongdoing under section 11(d), 
     submit a report to the Inspector General who leads the Office 
     at which the serious or flagrant problems, abuses, or 
     deficiencies were alleged.
       ``(2) Report to president, congress, and the 
     establishment.--Not later than 7 days after the date on which 
     an Inspector General receives a report submitted under 
     paragraph (1), the Inspector General shall submit to the 
     President, the appropriate congressional committees, and the 
     head of the establishment--
       ``(A) the report received under paragraph (1); and
       ``(B) a report by the Inspector General containing any 
     comments the Inspector General determines appropriate.''.

     SEC. 5136. REQUIREMENT TO REPORT FINAL DISPOSITION TO 
                   CONGRESS.

       Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by inserting ``and the appropriate 
     congressional committees'' after ``Integrity Committee''.

     SEC. 5137. INVESTIGATIONS OF OFFICES OF INSPECTORS GENERAL OF 
                   ESTABLISHMENTS BY THE INTEGRITY COMMITTEE.

       Section 11(d)(7)(B)(i)(V) of the Inspector General Act of 
     1978 (5 U.S.C. App.) is amended by inserting ``, and that an 
     investigation of an Office of Inspector General of an 
     establishment is conducted by another Office of Inspector 
     General of an establishment'' after ``size''.

 TITLE LIV--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN 
                      STATUS OF INSPECTOR GENERAL

     SEC. 5141. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A 
                   CHANGE IN STATUS OF INSPECTOR GENERAL.

       Section 5 of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended by inserting after subsection (e), as added 
     by section 5135 of this division, the following:
       ``(f) Not later than 15 days after an Inspector General is 
     removed, placed on paid or unpaid non-duty status, or 
     transferred to another position or location within an 
     establishment, the officer or employee performing the 
     functions and duties of the Inspector General temporarily in 
     an acting capacity shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Reform of the House of 
     Representatives information regarding work being conducted by 
     the Office as of the date on which the Inspector General was 
     removed, placed on paid or unpaid non-duty status, or 
     transferred, which shall include--
       ``(1) for each investigation--
       ``(A) the type of alleged offense;
       ``(B) the fiscal quarter in which the Office initiated the 
     investigation;
       ``(C) the relevant Federal agency, including the relevant 
     component of that Federal agency for any Federal agency 
     listed in section 901(b) of title 31, United States Code, 
     under investigation or affiliated with the individual or 
     entity under investigation; and
       ``(D) whether the investigation is administrative, civil, 
     criminal, or a combination thereof, if known; and
       ``(2) for any work not described in paragraph (1)--
       ``(A) a description of the subject matter and scope;
       ``(B) the relevant agency, including the relevant component 
     of that Federal agency, under review;
       ``(C) the date on which the Office initiated the work; and
       ``(D) the expected time frame for completion.''.

TITLE LV--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY 
                         REPORT ON EXPENDITURES

     SEC. 5151. CIGIE REPORT ON EXPENDITURES.

       Section 11(c)(3) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by adding at the end the following:
       ``(D) Report on expenditures.--Not later than November 30 
     of each year, the Chairperson shall submit to the appropriate 
     committees or subcommittees of Congress, including the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives, a report 
     on the expenditures of the Council for the preceding fiscal 
     year, including from direct appropriations to the Council, 
     interagency funding pursuant to subparagraph (A), a revolving 
     fund pursuant to subparagraph (B), or any other source.''.

   TITLE LVI--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS

     SEC. 5161. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR 
                   ASSISTANCE TO INSPECTORS GENERAL.

       Section 6(c) of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended by adding at the end the following:
       ``(3) If the information or assistance that is the subject 
     of a report under paragraph (2) is not provided to the 
     Inspector General by the date that is 30 days after the 
     report is made, the Inspector General shall submit a notice 
     that the information or assistance requested has not been 
     provided by the head of the establishment involved or the 
     head of the Federal agency involved, as applicable, to the 
     appropriate congressional committees.''.

TITLE LVII--TRAINING RESOURCES FOR INSPECTORS GENERAL AND OTHER MATTERS

     SEC. 5171. TRAINING RESOURCES FOR INSPECTORS GENERAL.

        Section 11(c)(1) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--
       (1) by redesignating subparagraphs (E) through (I) as 
     subparagraphs (F) through (J), respectively; and
       (2) by inserting after subparagraph (D) the following:
       ``(E) support the professional development of Inspectors 
     General, including by providing training opportunities on the 
     duties, responsibilities, and authorities under this Act and 
     on topics relevant to Inspectors General and the work of 
     Inspectors General, as identified by Inspectors General and 
     the Council.''.

     SEC. 5172. DEFINITION OF APPROPRIATE CONGRESSIONAL 
                   COMMITTEES.

       The Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) in section 5--
       (A) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``committees or subcommittees of the 
     Congress'' and inserting ``congressional committees''; and
       (B) in subsection (d), by striking ``committees or 
     subcommittees of Congress'' and inserting ``congressional 
     committees'';
       (2) in section 6(h)(4)--
       (A) in subparagraph (B), by striking ``Government''; and
       (B) by amending subparagraph (C) to read as follows:
       ``(C) Any other relevant congressional committee or 
     subcommittee of jurisdiction.'';
       (3) in section 8--
       (A) in subsection (b)--
       (i) in paragraph (3), by striking ``the Committees on Armed 
     Services and Governmental Affairs of the Senate and the 
     Committee on Armed Services and the Committee on Government 
     Reform and Oversight of the House of Representatives and to 
     other appropriate committees or subcommittees of

[[Page S8385]]

     the Congress'' and inserting ``the appropriate congressional 
     committees, including the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives''; and
       (ii) in paragraph (4), by striking ``and to other 
     appropriate committees or subcommittees''; and
       (B) in subsection (f)--
       (i) in paragraph (1), by striking ``the Committees on Armed 
     Services and on Homeland Security and Governmental Affairs of 
     the Senate and the Committees on Armed Services and on 
     Oversight and Government Reform of the House of 
     Representatives and to other appropriate committees or 
     subcommittees of Congress'' and inserting ``the appropriate 
     congressional committees, including the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives''; and
       (ii) in paragraph (2), by striking ``committees or 
     subcommittees of the Congress'' and inserting ``congressional 
     committees'';
       (4) in section 8D--
       (A) in subsection (a)(3), by striking ``Committees on 
     Governmental Affairs and Finance of the Senate and the 
     Committees on Government Operations and Ways and Means of the 
     House of Representatives, and to other appropriate committees 
     or subcommittees of the Congress'' and inserting 
     ``appropriate congressional committees, including the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives''; and
       (B) in subsection (g)--
       (i) in paragraph (1)--

       (I) by striking ``committees or subcommittees of the 
     Congress'' and inserting ``congressional committees''; and
       (II) by striking ``Committees on Governmental Affairs and 
     Finance of the Senate and the Committees on Government Reform 
     and Oversight and Ways and Means of the House of 
     Representatives'' and inserting ``Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives''; and

       (ii) in paragraph (2), by striking ``committees or 
     subcommittees of Congress'' and inserting ``congressional 
     committees'';
       (5) in section 8E--
       (A) in subsection (a)(3), by striking ``Committees on 
     Governmental Affairs and Judiciary of the Senate and the 
     Committees on Government Operations and Judiciary of the 
     House of Representatives, and to other appropriate committees 
     or subcommittees of the Congress'' and inserting 
     ``appropriate congressional committees, including the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives''; and
       (B) in subsection (c)--
       (i) by striking ``committees or subcommittees of the 
     Congress'' and inserting ``congressional committees''; and
       (ii) by striking ``Committees on the Judiciary and 
     Governmental Affairs of the Senate and the Committees on the 
     Judiciary and Government Operations of the House of 
     Representatives'' and inserting ``Committee on the Judiciary 
     of the Senate and the Committee on the Judiciary of the House 
     of Representatives'';
       (6) in section 8G--
       (A) in subsection (d)(2)(E), in the matter preceding clause 
     (i), by inserting ``the appropriate congressional committees, 
     including'' after ``are''; and
       (B) in subsection (f)(3)--
       (i) in subparagraph (A)(iii), by striking ``Committee on 
     Governmental Affairs of the Senate and the Committee on 
     Government Reform and Oversight of the House of 
     Representatives, and to other appropriate committees or 
     subcommittees of the Congress'' and inserting ``the 
     appropriate congressional committees''; and
       (ii) by striking subparagraph (C);
       (7) in section 8I--
       (A) in subsection (a)(3), in the matter preceding 
     subparagraph (A), by striking ``committees and subcommittees 
     of Congress'' and inserting ``congressional committees''; and
       (B) in subsection (d), by striking ``committees and 
     subcommittees of Congress'' each place it appears and 
     inserting ``congressional committees'';
       (8) in section 8N(b), by striking ``committees of 
     Congress'' and inserting ``congressional committees'';
       (9) in section 11--
       (A) in subsection (b)(3)(B)(viii)--
       (i) by striking subclauses (III) and (IV);
       (ii) in subclause (I), by adding ``and'' at the end; and
       (iii) by amending subclause (II) to read as follows:

       ``(II) the appropriate congressional committees.''; and

       (B) in subsection (d)(8)(A)(iii), by striking ``to the'' 
     and all that follows through ``jurisdiction'' and inserting 
     ``to the appropriate congressional committees''; and
       (10) in section 12--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(6) the term `appropriate congressional committees' 
     means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Oversight and Reform of the House of 
     Representatives; and
       ``(C) any other relevant congressional committee or 
     subcommittee of jurisdiction.''.

     SEC. 5173. SEMIANNUAL REPORTS.

       The Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) in section 4(a)(2)--
       (A) by inserting ``, including'' after ``to make 
     recommendations''; and
       (B) by inserting a comma after ``section 5(a)'';
       (2) in section 5--
       (A) in subsection (a)--
       (i) by striking paragraphs (1) through (12) and inserting 
     the following:
       ``(1) a description of significant problems, abuses, and 
     deficiencies relating to the administration of programs and 
     operations of the establishment and associated reports and 
     recommendations for corrective action made by the Office;
       ``(2) an identification of each recommendation made before 
     the reporting period, for which corrective action has not 
     been completed, including the potential costs savings 
     associated with the recommendation;
       ``(3) a summary of significant investigations closed during 
     the reporting period;
       ``(4) an identification of the total number of convictions 
     during the reporting period resulting from investigations;
       ``(5) information regarding each audit, inspection, or 
     evaluation report issued during the reporting period, 
     including--
       ``(A) a listing of each audit, inspection, or evaluation;
       ``(B) if applicable, the total dollar value of questioned 
     costs (including a separate category for the dollar value of 
     unsupported costs) and the dollar value of recommendations 
     that funds be put to better use, including whether a 
     management decision had been made by the end of the reporting 
     period;
       ``(6) information regarding any management decision made 
     during the reporting period with respect to any audit, 
     inspection, or evaluation issued during a previous reporting 
     period;'';
       (ii) by redesignating paragraphs (13) through (22) as 
     paragraphs (7) through (16), respectively;
       (iii) by amending paragraph (13), as so redesignated, to 
     read as follows:
       ``(13) a report on each investigation conducted by the 
     Office where allegations of misconduct were substantiated, 
     including the name of the senior Government employee, if 
     already made public by the Office, and a detailed description 
     of--
       ``(A) the facts and circumstances of the investigation; and
       ``(B) the status and disposition of the matter, including--
       ``(i) if the matter was referred to the Department of 
     Justice, the date of the referral; and
       ``(ii) if the Department of Justice declined the referral, 
     the date of the declination;''; and
       (iv) in paragraph (15), as so redesignated, by striking 
     subparagraphs (A) and (B) and inserting the following:
       ``(A) any attempt by the establishment to interfere with 
     the independence of the Office, including--
       ``(i) with budget constraints designed to limit the 
     capabilities of the Office; and
       ``(ii) incidents where the establishment has resisted or 
     objected to oversight activities of the Office or restricted 
     or significantly delayed access to information, including the 
     justification of the establishment for such action; and
       ``(B) a summary of each report made to the head of the 
     establishment under section 6(c)(2) during the reporting 
     period;''; and
       (B) in subsection (b)--
       (i) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) where final action on audit, inspection, and 
     evaluation reports had not been taken before the commencement 
     of the reporting period, statistical tables showing--
       ``(A) with respect to management decisions--
       ``(i) for each report, whether a management decision was 
     made during the reporting period;
       ``(ii) if a management decision was made during the 
     reporting period, the dollar value of disallowed costs and 
     funds to be put to better use as agreed to in the management 
     decision; and
       ``(iii) total number of reports where a management decision 
     was made during the reporting period and the total 
     corresponding dollar value of disallowed costs and funds to 
     be put to better use as agreed to in the management decision; 
     and
       ``(B) with respect to final actions--
       ``(i) whether, if a management decision was made before the 
     end of the reporting period, final action was taken during 
     the reporting period;
       ``(ii) if final action was taken, the dollar value of--

       ``(I) disallowed costs that were recovered by management 
     through collection, offset, property in lieu of cash, or 
     otherwise;
       ``(II) disallowed costs that were written off by 
     management;
       ``(III) disallowed costs and funds to be put to better use 
     not yet recovered or written off by management;
       ``(IV) recommendations that were completed; and
       ``(V) recommendations that management has subsequently 
     concluded should not or could not be implemented or 
     completed; and

       ``(iii) total number of reports where final action was not 
     taken and total number of reports where final action was 
     taken, including the total corresponding dollar value of 
     disallowed costs and funds to be put to better use as agreed 
     to in the management decisions;'';

[[Page S8386]]

       (ii) by redesignating paragraph (4) as paragraph (3);
       (iii) in paragraph (3), as so redesignated, by striking 
     ``subsection (a)(20)(A)'' and inserting ``subsection 
     (a)(14)(A)''; and
       (iv) by striking paragraph (5) and inserting the following:
       ``(4) a statement explaining why final action has not been 
     taken with respect to each audit, inspection, and evaluation 
     report in which a management decision has been made but final 
     action has not yet been taken, except that such statement--
       ``(A) may exclude reports if--
       ``(i) a management decision was made within the preceding 
     year; or
       ``(ii) the report is under formal administrative or 
     judicial appeal or management of the establishment has agreed 
     to pursue a legislative solution; and
       ``(B) shall identify the number of reports in each category 
     so excluded.'';
       (C) by redesignating subsection (h), as so redesignated by 
     section 5135 of this division, as subsection (i); and
       (D) by inserting after subsection (g), as so redesignated 
     by section 5135 of this division, the following:
       ``(h) If an Office has published any portion of the report 
     or information required under subsection (a) to the website 
     of the Office or on oversight.gov, the Office may elect to 
     provide links to the relevant webpage or website in the 
     report of the Office under subsection (a) in lieu of 
     including the information in that report.''.

     SEC. 5174. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY 
                   NON-GOVERNMENTAL ORGANIZATIONS OR BUSINESS 
                   ENTITIES.

       (a) In General.--Section 5(g) of the Inspector General Act 
     of 1978 (5 U.S.C. App.), as so redesignated by section 5135 
     of this division, is amended by adding at the end the 
     following:
       ``(6)(A) Except as provided in subparagraph (B), if an 
     audit, evaluation, inspection, or other non-investigative 
     report prepared by an Inspector General specifically 
     identifies a specific non-governmental organization or 
     business entity, whether or not the non-governmental 
     organization or business entity is the subject of that audit, 
     evaluation, inspection, or non-investigative report--
       ``(i) the Inspector General shall notify the non-
     governmental organization or business entity;
       ``(ii) the non-governmental organization or business entity 
     shall have--
       ``(I) 30 days to review the audit, evaluation, inspection, 
     or non-investigative report beginning on the date of 
     publication of the audit, evaluation, inspection, or non-
     investigative report; and
       ``(II) the opportunity to submit a written response for the 
     purpose of clarifying or providing additional context as it 
     directly relates to each instance wherein an audit, 
     evaluation, inspection, or non-investigative report 
     specifically identifies that non-governmental organization or 
     business entity; and
       ``(iii) if a written response is submitted under clause 
     (ii)(II) within the 30-day period described in clause 
     (ii)(I)--
       ``(I) the written response shall be attached to the audit, 
     evaluation, inspection, or non-investigative report; and
       ``(II) in every instance where the report may appear on the 
     public-facing website of the Inspector General, the website 
     shall be updated in order to access a version of the audit, 
     evaluation, inspection, or non-investigative report that 
     includes the written response.
       ``(B) Subparagraph (A) shall not apply with respect to a 
     non-governmental organization or business entity that refused 
     to provide information or assistance sought by an Inspector 
     General during the creation of the audit, evaluation, 
     inspection, or non-investigative report.
       ``(C) An Inspector General shall review any written 
     response received under subparagraph (A) for the purpose of 
     preventing the improper disclosure of classified information 
     or other non-public information, consistent with applicable 
     laws, rules, and regulations, and, if necessary, redact such 
     information.''.
       (b) Retroactive Applicability.--During the 30-day period 
     beginning on the date of enactment of this Act--
       (1) the amendment made by subsection (a) shall apply upon 
     the request of a non-governmental organization or business 
     entity named in an audit, evaluation, inspection, or other 
     non-investigative report prepared on or after January 1, 
     2019; and
       (2) any written response submitted under clause (iii) of 
     section 5(g)(6)(A) of the Inspector General Act of 1978 (5 
     U.S.C. App.), as added by subsection (a), with respect to 
     such an audit, evaluation, inspection, or other non-
     investigative report shall attach to the original report in 
     the manner described in that clause.
                                 ______
                                 
  SA 4777. Mrs. FISCHER (for herself and Ms. Klobuchar) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ____. ADVANCING IOT FOR PRECISION AGRICULTURE.

       (a) Short Title.--This section may be cited as the 
     ``Advancing IoT for Precision Agriculture Act of 2021''.
       (b) Purpose.--It is the purpose of this section to promote 
     scientific research and development opportunities for 
     connected technologies that advance precision agriculture 
     capabilities.
       (c) National Science Foundation Directive on Agricultural 
     Sensor Research.--In awarding grants under its applicable 
     sensor systems and networked systems programs, and in 
     coordination with the Department of Agriculture, the Director 
     of the National Science Foundation shall include in 
     consideration of portfolio balance research and development 
     on sensor connectivity in environments of intermittent 
     connectivity and intermittent computation--
       (1) to improve the reliable use of advance sensing systems 
     in rural and agricultural areas; and
       (2) that considers--
       (A) direct gateway access for locally stored data;
       (B) attenuation of signal transmission;
       (C) loss of signal transmission; and
       (D) at-scale performance for wireless power.
       (d) Updating Considerations for Precision Agriculture 
     Technology Within the NSF Advanced Technical Education 
     Program.--Section 3 of the Scientific and Advanced-Technology 
     Act of 1992 (42 U.S.C. 1862i) is amended--
       (1) in subsection (d)(2)--
       (A) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(F) applications that incorporate distance learning tools 
     and approaches.'';
       (2) in subsection (e)(3)--
       (A) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(E) applications that incorporate distance learning tools 
     and approaches.''; and
       (3) in subsection (j)(1), by inserting ``agricultural,'' 
     after ``commercial,''.
       (e) GAO Review.--Not later than 18 months after the date of 
     enactment of this section, the Comptroller General of the 
     United States shall provide--
       (1) a technology assessment of precision agriculture 
     technologies, such as the existing use of--
       (A) sensors, scanners, radio-frequency identification, and 
     related technologies that can monitor soil properties, 
     irrigation conditions, and plant physiology;
       (B) sensors, scanners, radio-frequency identification, and 
     related technologies that can monitor livestock activity and 
     health;
       (C) network connectivity and wireless communications that 
     can securely support digital agriculture technologies in 
     rural and remote areas;
       (D) aerial imagery generated by satellites or unmanned 
     aerial vehicles;
       (E) ground-based robotics;
       (F) control systems design and connectivity, such as smart 
     irrigation control systems; and
       (G) data management software and advanced analytics that 
     can assist decision making and improve agricultural outcomes; 
     and
       (2) a review of Federal programs that provide support for 
     precision agriculture research, development, adoption, 
     education, or training, in existence on the date of enactment 
     of this section.
                                 ______
                                 
  SA 4778. Mr. BOOKER (for himself, Mr. Cornyn, Mr. Coons, Mr. Portman, 
Mr. Graham, and Mr. Carper) submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military 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--Preventing Future Pandemics

     SEC. 1071. SHORT TITLE.

       This subtitle may be cited as the ``Preventing Future 
     Pandemics Act of 2021''.

     SEC. 1072. DEFINITIONS.

       In this subtitle:
       (1) Wildlife market.--The term ``wildlife market''--
       (A) means a commercial market or subsection of a commercial 
     market--
       (i) where live mammalian or avian wildlife is held, 
     slaughtered, or sold for human consumption as food or 
     medicine whether the animals originated in the wild or in a 
     captive environment; and
       (ii) that delivers a product in communities where 
     alternative nutritional or protein sources are readily 
     available and affordable; and
       (B) does not include--
       (i) markets in areas where no other practical alternative 
     sources of protein or meat

[[Page S8387]]

     exists, such as wildlife markets in rural areas on which 
     indigenous people and rural local communities rely to feed 
     themselves and their families; and
       (ii) dead wild game and fish processors.
       (2) Commercial trade in live wildlife.--The term 
     ``commercial trade in live wildlife''--
       (A) means commercial trade in live wildlife for human 
     consumption as food or medicine; and
       (B) does not include--
       (i) fish;
       (ii) invertebrates;
       (iii) amphibians and reptiles; and
       (iv) the meat of ruminant game species--

       (I) traded in markets in countries with effective 
     implementation and enforcement of scientifically based, 
     nationally implemented policies and legislation for 
     processing, transport, trade, and marketing; and
       (II) sold after being slaughtered and processed under 
     sanitary conditions.

       (3) One health.--The term ``One Health'' means a 
     collaborative, multi-sectoral, and transdisciplinary approach 
     working at the local, regional, national, and global levels 
     with the goal of achieving optimal health outcomes that 
     recognizes the interconnection between--
       (A) people, animals, both wild and domestic, and plants; 
     and
       (B) the environment shared by such people, animals, and 
     plants.
       (4) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.

     SEC. 1073. STUDY ON RISK OF WILDLIFE MARKETS ON THE EMERGENCE 
                   OF NOVEL VIRAL PATHOGENS.

       (a) Study.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     consultation with the Administrator of the United States 
     Agency for International Development, the Secretary of Health 
     and Human Services, the Secretary of the Interior, and the 
     Secretary of Agriculture shall enter into an agreement with 
     the National Academies of Sciences, Engineering, and Medicine 
     to evaluate the risk wildlife markets pose to human health 
     through the emergence or reemergence of pathogens and 
     activities to reduce the risk of zoonotic spillover. The 
     study shall evaluate--
       (1) the impact of physical proximity to and the role of 
     human use of terrestrial wildlife for food or medicine on the 
     emergence or reemergence of pathogens, including novel 
     pathogens;
       (2) the conditions at live wildlife markets and within the 
     associated supply chain that elevate risk factors leading to 
     such emergence, reemergence, or transmission of pathogens, 
     including sanitary conditions and the physical proximity of 
     animals;
       (3) animal taxa that present a high risk of contributing to 
     zoonotic spillover and the associated risk factors that 
     increase the emergence, reemergence, or transmission of 
     pathogens;
       (4) emerging pathogen risk reduction measures and control 
     options across wildlife markets and the associated supply 
     chain; and
       (5) the methods by which the United States might work with 
     international partners to effectively promote diversified, 
     culturally appropriate alternative sources of nutritious 
     food, protein, and related income in communities that 
     currently rely upon the human use of wildlife as food or 
     medicine for subsistence, while ensuring that existing 
     natural habitats are not fragmented, degraded, or destroyed 
     and that human pressure on natural habitats is not increased 
     by this process.
       (b) Report.--Not later than 1 year after the date of the 
     agreement under subsection (a), the Secretaries described in 
     such subsection shall submit a report on the findings of the 
     study described in such subsection to--
       (1) the appropriate congressional committees;
       (2) the Committee on Health, Education, Labor, and Pensions 
     and the Committee on Agriculture, Nutrition, and Forestry of 
     the Senate; and
       (3) the Committee on Energy and Commerce and the Committee 
     on Agriculture of the House of Representatives.
       (c) Authorization of Appropriations..--There is authorized 
     to be appropriated such sums as are necessary for the 
     development of the study described in this section.

     SEC. 1074. DETERMINATION OF RISK.

       Not later than 90 days after the completion of the study in 
     section 1073, the Director of the Centers for Disease Control 
     and Prevention, in coordination with the heads of other 
     relevant departments and agencies, including the Department 
     of Agriculture, the Department of the Interior, and the 
     United States Agency for International Development, and after 
     consideration of such study after public notice and comment, 
     shall publicly release a list of taxa that the Director, 
     taking into account other risk factors examined in the study, 
     determines present a high risk of contributing to the 
     spillover of zoonotic pathogens capable of causing pandemics. 
     The list shall be reviewed annually and updated as necessary 
     by the Director, following additional public notice and 
     comment.

     SEC. 1075. SENSE OF CONGRESS.

       It is the sense of Congress that global institutions, 
     including the Food and Agriculture Organization of the United 
     Nations (FAO), the World Organisation for Animal Health 
     (OIE), the World Health Organization (WHO), and the United 
     Nations Environment Programme (UNEP), together with leading 
     intergovernmental and nongovernmental organizations, 
     veterinary and medical colleges, the Department of State, and 
     the United States Agency for International Development 
     (USAID), should promote the paradigm of One Health as an 
     effective and integrated way to address the complexity of 
     emerging disease threats, and should support improved 
     community health, biodiversity conservation, forest 
     conservation and management, sustainable agriculture, and 
     safety of livestock, domestic animals, and wildlife in 
     developing countries, particularly in tropical landscapes 
     where there is an elevated risk of zoonotic disease spill 
     over.

     SEC. 1076. STATEMENT OF POLICY.

       It is the policy of the United States to--
       (1) support the availability of scalable and sustainable 
     alternative sources of protein and nutrition for local 
     communities, where appropriate, in order to minimize human 
     reliance on the commercial trade in live wildlife for human 
     consumption;
       (2) support foreign governments to--
       (A) reduce commercial trade in live wildlife for human 
     consumption;
       (B) transition from the commercial trade in live wildlife 
     for human consumption to sustainably produced alternate 
     protein and nutritional sources;
       (C) establish and effectively manage and protect natural 
     habitat, including protected and conserved areas and the 
     lands of Indigenous peoples and local communities, 
     particularly in countries with tropical forest hotspots for 
     emerging diseases; and
       (D) strengthen public health capacity, particularly in 
     countries where there is a high risk of emerging zoonotic 
     viruses and other infectious diseases;
       (3) respect the rights and needs of indigenous peoples and 
     local communities dependent on such wildlife for nutritional 
     needs and food security; and
       (4) facilitate international cooperation by working with 
     international partners through intergovernmental, 
     international, and nongovernmental organizations such as the 
     United Nations to--
       (A) lead a resolution at the United Nations Security 
     Council or General Assembly and World Health Assembly 
     outlining the danger to human and animal health from emerging 
     zoonotic infectious diseases, with recommendations for 
     implementing the closure of wildlife markets and prevention 
     of the commercial trade in live wildlife for human 
     consumption, except where the consumption of wildlife is 
     necessary for local food security or where such actions would 
     significantly disrupt a readily available and irreplaceable 
     food supply;
       (B) raise awareness and build stakeholder engagement 
     networks, including civil society, the private sector, and 
     local and regional governments on the dangerous potential of 
     wildlife markets as a source of zoonotic diseases and reduce 
     demand for the consumption of wildlife through evidence-based 
     behavior change programs, while ensuring that existing 
     wildlife habitat is not encroached upon or destroyed as part 
     of this process;
       (C) encourage and support alternative forms of sustainable 
     food production, farming, and shifts to sustainable sources 
     of protein and nutrition instead of terrestrial wildlife, 
     where able and appropriate, and reduce consumer demand for 
     terrestrial and freshwater wildlife through enhanced local 
     and national food systems, especially in areas where wildlife 
     markets play a significant role in meeting subsistence needs 
     while ensuring that existing wildlife habitat is not 
     encroached upon or destroyed as part of this process; and
       (D) strive to increase biosecurity and hygienic standards 
     implemented in farms, gathering centers, transport, and 
     market systems around the globe, especially those 
     specializing in the provision of products intended for human 
     consumption.

     SEC. 1077. PREVENTION OF FUTURE ZOONOTIC SPILLOVER EVENTS.

       (a) In General.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, in consultation with the Director of the United 
     States Fish and Wildlife Service, the Secretary of 
     Agriculture, the Director of the Centers for Disease Control 
     and Prevention, and the heads of other relevant departments 
     and agencies, shall work with foreign governments, 
     multilateral entities, intergovernmental organizations, 
     international partners, private sector partners, and 
     nongovernmental organizations to carry out activities 
     supporting the following objectives, recognizing that 
     multiple interventions will likely be necessary to make an 
     impact, and that interventions will need to be tailored to 
     the situation to--
       (1) immediately close wildlife markets which contain taxa 
     listed pursuant to section 1074 and uncontrolled, unsanitary, 
     or illicit wildlife markets and prevent associated commercial 
     trade in live wildlife, placing a priority focus on countries 
     with significant markets for live wildlife for human 
     consumption, high-volume commercial trade and associated 
     markets, trade in and across

[[Page S8388]]

     urban centers, and trade for luxury consumption or where 
     there is no dietary necessity--
       (A) through existing treaties, conventions, and agreements;
       (B) by amending existing protocols or agreements;
       (C) by pursuing new protocols; or
       (D) by other means of international coordination;
       (2) improve regulatory oversight and reduce commercial 
     trade in live wildlife and eliminate practices identified to 
     contribute to zoonotic spillover and emerging pathogens;
       (3) prevent commercial trade in live wildlife through 
     programs that combat wildlife trafficking and poaching, 
     including by--
       (A) providing assistance to improve law enforcement;
       (B) detecting and deterring the illegal import, transit, 
     sale, and export of wildlife;
       (C) strengthening such programs to assist countries through 
     legal reform;
       (D) improving information sharing and enhancing 
     capabilities of participating foreign governments;
       (E) supporting efforts to change behavior and reduce demand 
     for such wildlife products;
       (F) leveraging United States private sector technologies 
     and expertise to scale and enhance enforcement responses to 
     detect and prevent such trade; and
       (G) strengthening collaboration with key private sector 
     entities in the transportation industry to prevent and report 
     the transport of such wildlife and wildlife products;
       (4) leverage strong United States bilateral relationships 
     to support new and existing inter-Ministerial collaborations 
     or Task Forces that can serve as regional One Health models;
       (5) build local agricultural and food safety capacity by 
     leveraging expertise from the United States Department of 
     Agriculture (USDA) and institutions of higher education with 
     agricultural or natural resource expertise;
       (6) work through international organizations to develop a 
     set of objective risk-based metrics that provide a cross-
     country comparable measure of the level of risk posed by 
     wildlife trade and marketing and can be used to track 
     progress nations make in reducing risks, identify where 
     resources should be focused, and potentially leverage a peer 
     influence effect;
       (7) prevent the degradation and fragmentation of forests 
     and other intact ecosystems to minimize interactions between 
     wildlife and human and livestock populations that could 
     contribute to spillover events and zoonotic disease 
     transmission, including by providing assistance or supporting 
     policies to, for example--
       (A) conserve, protect, and restore the integrity of such 
     ecosystems;
       (B) support the rights and needs of Indigenous People and 
     local communities and their ability to continue their 
     effective stewardship of their traditional lands and 
     territories;
       (C) support the establishment and effective management of 
     protected areas, prioritizing highly intact areas; and
       (D) prevent activities that result in the destruction, 
     degradation, fragmentation, or conversion of intact forests 
     and other intact ecosystems and biodiversity strongholds, 
     including by governments, private sector entities, and 
     multilateral development financial institutions;
       (8) offer appropriate alternative livelihood and worker 
     training programs and enterprise development to wildlife 
     traders, wildlife breeders, and local communities whose 
     members are engaged in the commercial trade in live wildlife 
     for human consumption;
       (9) ensure that the rights of Indigenous Peoples and local 
     communities are respected and their authority to exercise 
     these rights is protected;
       (10) strengthen global capacity for prevention, prediction, 
     and detection of novel and existing zoonoses with pandemic 
     potential, including the support of innovative technologies 
     in coordination with the United States Agency for 
     International Development, the Centers for Disease Control 
     and Prevention, and other relevant departments and agencies; 
     and
       (11) support the development of One Health systems at the 
     local, regional, national, and global levels in coordination 
     with the United States Agency for International Development, 
     the Centers for Disease Control and Prevention, and other 
     relevant departments and agencies, particularly in emerging 
     infectious disease hotspots, through a collaborative, 
     multisectoral, and transdisciplinary approach that recognizes 
     the interconnections among people, animals, plants, and their 
     shared environment to achieve equitable and sustainable 
     health outcomes.
       (b) Activities.--
       (1) Global cooperation.--The United States Government, 
     working through the United Nations and its components, as 
     well as international organization such as Interpol, the Food 
     and Agriculture Organization of the United Nations, and the 
     World Organisation for Animal Health, and in furtherance of 
     the policies described in section 1076, shall--
       (A) collaborate with other member states, issue 
     declarations, statements, and communiques urging countries to 
     close wildlife markets, and prevent commercial trade in live 
     wildlife for human consumption; and
       (B) urge increased enforcement of existing laws to end 
     wildlife trafficking.
       (2) International coalitions.--The Secretary of State shall 
     seek to build new, and support existing, international 
     coalitions focused on closing wildlife markets and preventing 
     commercial trade in live wildlife for human consumption, with 
     a focus on the following efforts:
       (A) Providing assistance and advice to other governments in 
     the adoption of legislation and regulations to close wildlife 
     markets and associated trade over such timeframe and in such 
     manner as to minimize the increase of wildlife trafficking 
     and poaching.
       (B) Creating economic and enforcement pressure for the 
     immediate shut down of wildlife markets which contain taxa 
     listed pursuant to section 1074 and uncontrolled, unsanitary, 
     or illicit wildlife markets and their supply chains to 
     prevent their operation.
       (C) Providing assistance and guidance to other governments 
     on measures to prohibit the import, export, and domestic 
     commercial trade in live wildlife for the purpose of human 
     consumption.
       (D) Implementing risk reduction interventions and control 
     options to address zoonotic spillover along the supply chain 
     for the wildlife market system.
       (E) Engaging and receiving guidance from key stakeholders 
     at the ministerial, local government, and civil society 
     level, including Indigenous Peoples, in countries that will 
     be impacted by this subtitle and where wildlife markets and 
     associated wildlife trade are the predominant source of meat 
     or protein, in order to mitigate the impact of any 
     international efforts on food security, nutrition, local 
     customs, conservation methods, or cultural norms.
       (F) Promoting private sector engagement and public-private 
     partnerships with industry groups (such as the transportation 
     industry) to address transport and movement of live wildlife 
     to supply the commercial trade in live wildlife for human 
     consumption.
       (c) United States Agency for International Development.--
       (1) Sustainable food systems funding.--
       (A) Authorization of appropriations.--In addition to any 
     other amounts provided for such purposes, there is authorized 
     to be appropriated such sums as necessary for each fiscal 
     year from 2021 through 2030 to the United States Agency for 
     International Development to reduce demand for consumption of 
     wildlife from wildlife markets and support shifts to 
     diversified alternative and sustainably produced sources of 
     nutritious food and protein in communities that rely upon the 
     consumption of wildlife for food security, while ensuring 
     that existing wildlife habitat is not encroached upon or 
     destroyed as part of this process, using a multisectoral 
     approach and including support for demonstration programs.
       (B) Activities.--The Bureau for Development, Democracy and 
     Innovation (DDI), the Bureau for Resilience and Food Security 
     (RFS), and the Bureau for Global Health (GH) of the United 
     States Agency for International Development shall, in 
     partnership with United States and international institutions 
     of higher education and nongovernmental organizations, co-
     develop approaches focused on safe, sustainable food systems 
     that support and incentivize the replacement of terrestrial 
     wildlife in diets, while ensuring that existing wildlife 
     habitat is not encroached upon or destroyed as part of this 
     process.
       (2) Addressing threats and causes of zoonotic disease 
     outbreaks.--The Administrator of the United States Agency for 
     International Development, in consultation with the Secretary 
     of the Interior, shall increase activities in United States 
     Agency for International Development programs related to 
     conserving biodiversity, combating wildlife trafficking, 
     sustainable landscapes, global health, food security, and 
     resilience in order to address the threats and causes of 
     zoonotic disease outbreaks, including through--
       (A) education;
       (B) capacity building;
       (C) strengthening human, livestock, and wildlife health 
     monitoring systems of pathogens of zoonotic origin to support 
     early detection and reporting of novel and known pathogens 
     for emergence of zoonotic disease and strengthening cross-
     sectoral collaboration to align risk reduction approaches in 
     consultation with the Director of the Centers for Disease 
     Control and the Secretary of Health and Human Services;
       (D) improved domestic and wild animal disease monitoring 
     and control at production and market levels;
       (E) development of alternative livelihood opportunities 
     where possible;
       (F) preventing degradation and fragmentation of forests and 
     other intact ecosystems and restoring the integrity of such 
     ecosystems, particularly in tropical countries, to prevent 
     the creation of new pathways for zoonotic pathogen 
     transmission that arise from interactions among wildlife, 
     humans, and livestock populations;
       (G) minimizing interactions between domestic livestock and 
     wild animals in markets and captive production;
       (H) supporting shifts from wildlife markets to diversified, 
     safe, affordable, and accessible alternative sources of 
     protein and nutrition through enhanced local and national 
     food systems while ensuring that existing wildlife habitat is 
     not encroached upon or destroyed as part of this process;

[[Page S8389]]

       (I) improving community health, forest management 
     practices, and safety of livestock production in tropical 
     landscapes, particularly in hotspots for zoonotic spillover 
     and emerging infectious diseases;
       (J) preventing degradation and fragmentation of forests and 
     other intact ecosystems, particularly in tropical countries, 
     to minimize interactions between wildlife, human, and 
     livestock populations that could contribute to spillover 
     events and zoonotic disease transmission, including by 
     providing assistance or supporting policies to--
       (i) conserve, protect, and restore the integrity of such 
     ecosystems; and
       (ii) support the rights of Indigenous People and local 
     communities and their ability to continue their effective 
     stewardship of their intact traditional lands and 
     territories; and
       (K) supporting development and use of multi-data sourced 
     predictive models and decisionmaking tools to identify areas 
     of highest probability of zoonotic spillover and to determine 
     cost-effective monitoring and mitigation approaches; and
       (L) other relevant activities described in section 1076 
     that are within the mandate of the United States Agency for 
     International Development.
       (3) Immediate relief funding to stabilize protected 
     areas.--The Administrator of the United States Agency for 
     International Development and the Secretary of State are 
     authorized to administer immediate relief funding to 
     stabilize protected areas and conservancies.
       (d) Staffing Requirements.--The Administrator of the United 
     States Agency for International Development, in collaboration 
     with the United States Fish and Wildlife Service, the United 
     States Department of Agriculture Animal and Plant Health 
     Inspection Service, the Centers for Disease Control and 
     Prevention, and other Federal entities as appropriate, is 
     authorized to hire additional personnel--
       (1) to undertake programs aimed at reducing the risks of 
     endemic and emerging infectious diseases and exposure to 
     antimicrobial resistant pathogens;
       (2) to provide administrative support and resources to 
     ensure effective and efficient coordination of funding 
     opportunities and sharing of expertise from relevant United 
     States Agency for International Development bureaus and 
     programs, including emerging pandemic threats;
       (3) to award funding to on-the-ground projects;
       (4) to provide project oversight to ensure accountability 
     and transparency in all phases of the award process; and
       (5) to undertake additional activities under this subtitle.
       (e) Reporting Requirements.--
       (1) United states department of state.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter until 
     2030, the Secretary of State and the Administrator of the 
     United States Agency for International Development shall 
     submit to the appropriate congressional committees a report--
       (i) describing--

       (I) the actions taken pursuant to this subtitle, including 
     through the application of findings and recommendations 
     generated from the study required by section 1073 and the 
     provision of United States technical assistance;
       (II) the impact and effectiveness of international 
     cooperation on shutting down wildlife markets;
       (III) the impact and effectiveness of international 
     cooperation on disrupting, deterring, and ultimately ending 
     wildlife trafficking; and
       (IV) the impact and effectiveness of international 
     cooperation on preventing the import, export, and domestic 
     commercial trade in live wildlife for the purpose of human 
     use as food or medicine, while accounting for the 
     differentiated needs of vulnerable populations who depend 
     upon such wildlife as a predominant source of meat or 
     protein; and

       (ii) identifying--

       (I) foreign countries that continue to enable the operation 
     of wildlife markets as defined by this subtitle and the 
     associated trade of wildlife products for human use as food 
     or medicine that feeds such markets;
       (II) foreign governments, networks, or individuals who aid 
     and abet or otherwise facilitate illicit wildlife 
     trafficking; and
       (III) recommendations for incentivizing or enforcing 
     compliance with laws and policies to close wildlife markets 
     that contain taxa listed pursuant to section 1074 and 
     uncontrolled, unsanitary, or illicit wildlife markets and end 
     the associated commercial trade in live wildlife for human 
     use as food or medicine, which may include visa restrictions 
     and other diplomatic or economic tools.

       (B) Form.--The report required under this paragraph shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (2) United states agency for international development.--
     Not later than 180 days after the date of the enactment of 
     this Act, the Administrator of the United States Agency for 
     International Development shall submit to the appropriate 
     congressional committees a report--
       (A) describing the actions taken pursuant to this subtitle;
       (B) describing the impact and effectiveness of key 
     strategies for reducing demand for consumption of such 
     wildlife and associated wildlife markets;
       (C) summarizing additional personnel hired with funding 
     authorized under this subtitle, including the number hired in 
     each bureau; and
       (D) describing partnerships developed with other 
     institutions of higher learning and nongovernmental 
     organizations.

     SEC. 1078. PROHIBITION OF IMPORT, EXPORT, AND SALE OF CERTAIN 
                   LIVE WILD ANIMALS FOR HUMAN CONSUMPTION.

       (a) Prohibition.--
       (1) In general.--Chapter 3 of title 18, United States Code, 
     is amended by inserting after section 43 the following:

     ``SEC. 44. PROHIBITION OF IMPORT, EXPORT, AND SALE OF CERTAIN 
                   LIVE WILD ANIMALS FOR HUMAN CONSUMPTION.

       ``(a) Definitions.--In this section--
       ``(1) the phrase `human consumption' shall include all 
     consumption as food or medicine except consumption that is 
     incidental to legal and regulated hunting, fishing, or 
     trapping activities for subsistence, sport, or recreation;
       ``(2) the term `live wild animal' means a live wild mammal, 
     bird, reptile, or amphibian, whether or not bred, hatched, or 
     born in captivity with the exception of ruminants; and
       ``(3) the term `wild' has the meaning given that term in 
     section 42.
       ``(b) Prohibitions.--It shall be unlawful for any person--
       ``(1) to import or export any live wild animal for human 
     consumption as food or medicine;
       ``(2) to sell for human consumption as food or medicine a 
     live wild animal, including through sale or purchase at a 
     live animal market; or
       ``(3) to attempt to commit any act described in paragraph 
     (1) or (2).
       ``(c) Penalties.--
       ``(1) In general.--Any person who knowingly violates 
     subsection (b) shall be fined not more than $100,000, 
     imprisoned for not more than 5 years, or both.
       ``(2) Multiple violations.--Each violation of subsection 
     (b) shall constitute a separate offense.
       ``(3) Venue.--A violation of subsection (b) may be 
     prosecuted in the judicial district in which the violation 
     first occurred and any judicial district in which the 
     defendant sold the live wild animal.
       ``(d) Enforcement.--The provisions of this section, and any 
     regulations issued pursuant thereto, shall be enforced by the 
     Secretary of the Interior. The Secretary of the Interior may 
     utilize by agreement, with or without reimbursement, the 
     personnel, services, equipment, and facilities of any other 
     Federal agency or any State agency or Indian Tribe for 
     purposes of enforcing this section.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 3 of title 18, United States Code, is amended by 
     inserting after the item relating to section 43 the 
     following:

``44. Prohibition of import, export, and sale of certain live wild 
              animals for human consumption.''.
       (b) Funding.--There is authorized to be appropriated to 
     carry out section 44 of title 18, United States Code, as 
     added by subsection (a)--
       (1) $25,000,000 for each of fiscal years 2021 through 2030 
     for the United States Fish and Wildlife Service; and
       (2) $10,000, 000 for each of fiscal years 2021 through 2030 
     for the Department of Justice.

     SEC. 1079. LAW ENFORCEMENT ATTACHE DEPLOYMENT.

       (a) In General.--Beginning in fiscal year 2021, the 
     Secretary of the Interior, acting through the Director of the 
     United States Fish and Wildlife Service, in consultation with 
     the Secretary of State, shall require the Chief of Law 
     Enforcement of the United States Fish and Wildlife Service to 
     hire, train, and deploy not fewer than 50 new United States 
     Fish and Wildlife Service law enforcement attaches, and 
     appropriate additional support staff, at one or more United 
     States embassies, consulates, commands, or other facilities--
       (1) in one or more countries designated as a focus country 
     or a country of concern in the most recent report submitted 
     under section 201 of the Eliminate, Neutralize, and Disrupt 
     Wildlife Trafficking Act of 2016 (16 U.S.C. 7621); and
       (2) in such additional countries or regions, as determined 
     by the Secretary of Interior, that are known or suspected to 
     be a source of illegal trade of species listed--
       (A) as threatened species or endangered species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
       (B) under appendix I of the Convention on International 
     Trade in Endangered Species of Wild Fauna and Flora, done at 
     Washington March 3, 1973 (27 UST 1087; TIAS 8249).
       (b) Funding.--There is authorized to be appropriated to 
     carry out this section $150,000,000 for each of fiscal years 
     2021 through 2030.

     SEC. 1080. ONE HEALTH TASK FORCE.

       (a) Establishment.--There is established a task force to be 
     known as the ``One Health Task Force''.
       (b) Duties of Task Force.--The duties of the Task Force 
     shall be to--
       (1) ensure an integrated approach across the Federal 
     Government and globally to the prevention of, early detection 
     of, preparedness for, and response to zoonotic spillover and 
     the outbreak and transmission of zoonotic diseases that may 
     pose a threat to public health security;
       (2) not later than 1 year after the date of the enactment 
     of this Act, develop and publish, on a publicly accessible 
     website, a plan

[[Page S8390]]

     for global biosecurity and zoonotic disease prevention and 
     response that leverages expertise in public health, consumer 
     education and communication, behavior change, wildlife 
     health, wildlife conservation, livestock production, 
     veterinary health, food safety, sustainable forest 
     management, community-based conservation, rural food 
     security, and indigenous rights to coordinate zoonotic 
     disease surveillance internationally, including support for 
     One Health institutions around the world that can prevent and 
     provide early detection of zoonotic outbreaks; and
       (3) expand the scope of the implementation of the White 
     House's Global Health Security Strategy to more robustly 
     support the prevention of zoonotic spillover and respond to 
     zoonotic disease investigations and outbreaks by establishing 
     a 10-year strategy with specific Federal Government domestic 
     and international goals, priorities, and timelines for 
     action, including to--
       (A) recommend policy actions and mechanisms in developing 
     countries to reduce the risk of zoonotic spillover and 
     zoonotic disease emergence and transmission, including in 
     support of those activities described in section 1077;
       (B) identify new mandates, authorities, and incentives 
     needed to strengthen the global zoonotic disease plan under 
     paragraph (2);
       (C) define and list priority areas as countries or regions 
     determined to be of high risk for zoonotic disease emergence, 
     as well as based on, but not limited to, factors that include 
     wildlife biodiversity, livestock production, human population 
     density, and active drivers of disease emergence such as land 
     use change, including forest degradation and loss, 
     intensification of livestock production, and wildlife trade;
       (D) prioritize engagement in programs that target tropical 
     countries and regions experiencing high rates of biodiversity 
     loss, deforestation, forest degradation, and land conversion 
     and countries with significant markets for live wildlife for 
     human consumption; and
       (E) identify and recommend actions to address existing gaps 
     in efforts to prevent and respond to domestic zoonotic 
     disease emergence and transmission.
       (c) Membership.--
       (1) In general.--The members of the Task Force established 
     pursuant to subsection (a) shall be composed of 
     representatives from each of the following agencies:
       (A) One permanent Chairperson at the level of Deputy 
     Assistant Secretary or above from the following agencies, to 
     rotate every 2 years in an order to be determined by the 
     Administrator:
       (i) The Department of Agriculture or the Animal and Plant 
     Health Inspection Service.
       (ii) The Department of Health and Human Services or the 
     Centers for Disease Control and Prevention.
       (iii) The Department of the Interior or the United States 
     Fish and Wildlife Service.
       (iv) The Department of State.
       (v) The United States Agency for International Development.
       (vi) The National Security Council.
       (B) At least 13 additional members, with at least 1 from 
     each of the following agencies:
       (i) The Centers for Disease Control and Prevention.
       (ii) The Department of Agriculture.
       (iii) The Department of Defense.
       (iv) The Department of State.
       (v) The Environmental Protection Agency.
       (vi) The National Science Foundation.
       (vii) The National Institutes of Health.
       (viii) The National Institute of Standards and Technology.
       (ix) The Office of Science and Technology Policy.
       (x) The United States Agency for International Development.
       (xi) The United States Fish and Wildlife Service.
       (xii) The Department of Homeland Security, FEMA.
       (xiii) United States Customs and Border Protection.
       (2) Timing of appointments.--Appointments to the Task Force 
     shall be made not later than 30 days after the date of the 
     enactment of this Act.
       (3) Terms.--
       (A) In general.--Each member shall be appointed for a term 
     of 2 years.
       (B) Vacancies.--Any member appointed to fill a vacancy 
     occurring before the expiration of the term for which the 
     member's predecessor was appointed shall be appointed only 
     for the remainder of that term. A member may serve after the 
     expiration of that term until a successor has been appointed.
       (d) Meeting.--
       (1) Initial meeting.--The Task Force shall hold its initial 
     meeting not later than 45 days after the final appointment of 
     all members under subsection (c)(2).
       (2) Meetings.--
       (A) In general.--The Task Force shall meet at the call of 
     the Chairperson.
       (B) Quorum.--Eight members of the Task Force shall 
     constitute a quorum, but a lesser number may hold hearings.
       (e) Compensation.--
       (1) Prohibition of compensation.--Except as provided in 
     paragraph (2), members of the Task Force may not receive 
     additional pay, allowances, or benefits by reason of their 
     service on the Task Force.
       (2) Travel expenses.--Each member shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with applicable provisions under subchapter I of 
     chapter 57 of title 5, United States Code.
       (f) Reports.--
       (1) Report to task force.--Not later than 6 months after 
     the date of the enactment of this Act and annually 
     thereafter, the Federal agencies listed in subsection (c) 
     shall submit a report to the Task Force containing a detailed 
     statement with respect to the results of any programming 
     within their agencies that addresses the goals of zoonotic 
     spillover and disease prevention.
       (2) Report to congress.--Not later than 1 year after the 
     date of the enactment of this Act and annually thereafter, 
     the Task Force shall submit to the appropriate congressional 
     committees and the National Security Advisor a report 
     containing a detailed statement of the recommendations of the 
     Council pursuant to subsection (b).
       (g) FACA.--Section 14(a)(2)(B) of the Federal Advisory 
     Committee Act shall not apply to the Task Force. This task 
     force shall be authorized for 7 years after the date of the 
     enactment of this Act and up to an additional 2 years at the 
     discretion of the Task Force Chair.

     SEC. 1081. RESERVATION OF RIGHTS.

       Nothing in this subtitle shall restrict or otherwise 
     prohibit--
       (1) legal and regulated hunting, fishing, or trapping 
     activities for subsistence, sport, or recreation; or
       (2) the lawful domestic and international transport of 
     legally harvested fish or wildlife trophies.
                                 ______
                                 
  SA 4779. Mr. PETERS (for himself, Mr. Portman, and Mr. Grassley) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

                     DIVISION E--INSPECTORS GENERAL

     SEC. 5101. SHORT TITLE.

       This division may be cited as the ``Afghanistan Vetting 
     Review, the IG Testimonial Subpoena Authority, and Inspector 
     General Access Act of 2021''.

    TITLE LI--TESTIMONIAL SUBPOENA AUTHORITY FOR INSPECTORS GENERAL

     SEC. 5111. SHORT TITLE.

       This title may be cited as the ``IG Testimonial Subpoena 
     Authority Act''.

     SEC. 5112. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS 
                   GENERAL.

       The Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) by inserting after section 6 the following:

     ``SEC. 6A. ADDITIONAL AUTHORITY.

       ``(a) Definitions.--In this section--
       ``(1) the term `Chairperson' means the Chairperson of the 
     Council of the Inspectors General on Integrity and 
     Efficiency;
       ``(2) the term `Inspector General'--
       ``(A) means an Inspector General of an establishment or a 
     designated Federal entity (as defined in section 8G(a)); and
       ``(B) includes--
       ``(i) the Inspector General of the Central Intelligence 
     Agency established under section 17 of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 3517);
       ``(ii) the Inspector General of the Intelligence Community 
     established under section 103H of the National Security Act 
     of 1947 (50 U.S.C. 3033);
       ``(iii) the Special Inspector General for Afghanistan 
     Reconstruction established under section 1229 of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 379);
       ``(iv) the Special Inspector General for the Troubled Asset 
     Relief Plan established under section 121 of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5231); and
       ``(v) the Special Inspector General for Pandemic Recovery 
     established under section 4018 of the CARES Act (15 U.S.C. 
     9053); and
       ``(3) the term `Subpoena Panel' means the panel to which 
     requests for approval to issue a subpoena are submitted under 
     subsection (e).
       ``(b) Testimonial Subpoena Authority.--
       ``(1) In general.--In addition to the authority otherwise 
     provided by this Act and in accordance with the requirements 
     of this section, each Inspector General, in carrying out the 
     provisions of this Act or the provisions of the authorizing 
     statute of the Inspector General, as applicable, is 
     authorized to require by subpoena the attendance and 
     testimony of witnesses as necessary in the performance of an 
     audit, inspection, evaluation, or investigation, which 
     subpoena, in the case of contumacy or refusal to obey, shall 
     be enforceable by order of any appropriate United States 
     district court.
       ``(2) Prohibition.--An Inspector General may not require by 
     subpoena the attendance and testimony of a Federal employee 
     or employee of a designated Federal entity, but may use other 
     authorized procedures.
       ``(3) Determination by inspector general.--The 
     determination of whether a matter constitutes an audit, 
     inspection, evaluation, or investigation shall be at the 
     discretion of the applicable Inspector General.
       ``(c) Limitation on Delegation.--The authority to issue a 
     subpoena under subsection

[[Page S8391]]

     (b) may only be delegated to an official performing the 
     functions and duties of an Inspector General when the 
     Inspector General position is vacant or when the Inspector 
     General is unable to perform the functions and duties of the 
     Office of the Inspector General.
       ``(d) Notice to Attorney General.--
       ``(1) In general.--Not less than 10 days before submitting 
     a request for approval to issue a subpoena to the Subpoena 
     Panel under subsection (e), an Inspector General shall--
       ``(A) notify the Attorney General of the plan of the 
     Inspector General to issue the subpoena; and
       ``(B) take into consideration any information provided by 
     the Attorney General relating to the subpoena.
       ``(2) Rule of construction.--Nothing in this subsection may 
     be construed to prevent an Inspector General from submitting 
     to the Subpoena Panel under subsection (e) a request for 
     approval to issue a subpoena if 10 or more days have elapsed 
     since the date on which the Inspector General submits to the 
     Attorney General the notification required under paragraph 
     (1)(A) with respect to that subpoena.
       ``(e) Panel Review Before Issuance.--
       ``(1) Approval required.--
       ``(A) Request for approval by subpoena panel.--Before the 
     issuance of a subpoena described in subsection (b), an 
     Inspector General shall submit to a panel a request for 
     approval to issue the subpoena, which shall include a 
     determination by the Inspector General that--
       ``(i) the testimony is likely to be reasonably relevant to 
     the audit, inspection, evaluation, or investigation for which 
     the subpoena is sought; and
       ``(ii) the information to be sought cannot be reasonably 
     obtained through other means.
       ``(B) Composition of subpoena panel.--
       ``(i) In general.--Subject to clauses (ii) and (iii), a 
     Subpoena Panel shall be comprised of 3 inspectors general 
     appointed by the President and confirmed by the Senate, who 
     shall be randomly drawn by the Chairperson or a designee of 
     the Chairperson from a pool of all such inspectors general.
       ``(ii) Classified information.--If consideration of a 
     request for a subpoena submitted under subparagraph (A) would 
     require access to classified information, the Chairperson or 
     a designee of the Chairperson may limit the pool of 
     inspectors general described in clause (i) to appropriately 
     cleared inspectors general.
       ``(iii) Confirmation of availability.--If an inspector 
     general drawn from the pool described in clause (i) does not 
     confirm their availability to serve on the Subpoena Panel 
     within 24 hours of receiving a notification from the 
     Chairperson or a designee of the Chairperson regarding 
     selection for the Subpoena Panel, the Chairperson or a 
     designee of the Chairperson may randomly draw a new inspector 
     general from the pool to serve on the Subpoena Panel.
       ``(C) Contents of request.--The request described in 
     subparagraph (A) shall include any information provided by 
     the Attorney General related to the subpoena, which the 
     Attorney General requests that the Subpoena Panel consider.
       ``(D) Protection from disclosure.--
       ``(i) In general.--The information contained in a request 
     submitted by an Inspector General under subparagraph (A) and 
     the identification of a witness shall be protected from 
     disclosure to the extent permitted by law.
       ``(ii) Request for disclosure.--Any request for disclosure 
     of the information described in clause (i) shall be submitted 
     to the Inspector General requesting the subpoena.
       ``(2) Time to respond.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Subpoena Panel shall approve or deny a request for 
     approval to issue a subpoena submitted under paragraph (1) 
     not later than 10 days after the submission of the request.
       ``(B) Additional information for panel.--If the Subpoena 
     Panel determines that additional information is necessary to 
     approve or deny a request for approval to issue a subpoena 
     submitted by an Inspector General under paragraph (1), the 
     Subpoena Panel shall--
       ``(i) request that information; and
       ``(ii) approve or deny the request for approval submitted 
     by the Inspector General not later than 20 days after the 
     Subpoena Panel submits the request for information under 
     clause (i).
       ``(3) Approval by panel.--If all members of the Subpoena 
     Panel unanimously approve a request for approval to issue a 
     subpoena submitted by an Inspector General under paragraph 
     (1), the Inspector General may issue the subpoena.
       ``(4) Notice to council and attorney general.--Upon 
     issuance of a subpoena by an Inspector General under 
     subsection (b), the Inspector General shall provide 
     contemporaneous notice of such issuance to the Chairperson or 
     a designee of the Chairperson and to the Attorney General.
       ``(f) Semiannual Reporting.--On or before May 31, 2022, and 
     every 6 months thereafter, the Council of the Inspectors 
     General on Integrity and Efficiency shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on Oversight and Reform of the 
     House of Representatives, and the Comptroller General of the 
     United States a report on the use of subpoenas described in 
     subsection (b) in any audit, inspection, evaluation, or 
     investigation that concluded during the immediately preceding 
     6-month periods ending March 31 and September 30, which shall 
     include--
       ``(1) a list of each Inspector General that has submitted a 
     request for approval of a subpoena to the Subpoena Panel;
       ``(2) for each applicable Inspector General, the number of 
     subpoenas submitted to the Subpoena Panel, approved by the 
     Subpoena Panel, and disapproved by the Subpoena Panel;
       ``(3) for each subpoena submitted to the Subpoena Panel for 
     approval--
       ``(A) an anonymized description of the individual or 
     organization to whom the subpoena was directed;
       ``(B) the date on which the subpoena request was sent to 
     the Attorney General, the date on which the Attorney General 
     responded, and whether the Attorney General provided 
     information regarding the subpoena request, including whether 
     the Attorney General opposed issuance of the proposed 
     subpoena;
       ``(C) the members of the Subpoena Panel considering the 
     subpoena;
       ``(D) the date on which the subpoena request was sent to 
     the Subpoena Panel, the date on which the Subpoena Panel 
     approved or disapproved the subpoena request, and the 
     decision of the Subpoena Panel; and
       ``(E) the date on which the subpoena was issued, if 
     approved; and
       ``(4) any other information the Council of the Inspectors 
     General on Integrity and Efficiency considers appropriate to 
     include.
       ``(g) Training and Standards.--The Council of the 
     Inspectors General on Integrity and Efficiency, in 
     consultation with the Attorney General, shall promulgate 
     standards and provide training relating to the issuance of 
     subpoenas, conflicts of interest, and any other matter the 
     Council determines necessary to carry out this section.
       ``(h) Applicability.--The provisions of this section shall 
     not affect the exercise of authority by an Inspector General 
     of testimonial subpoena authority established under another 
     provision of law.
       ``(i) Termination.--The authorities provided under 
     subsection (b) shall terminate on January 1, 2027, provided 
     that this subsection shall not affect the enforceability of a 
     subpoena issued on or before December 31, 2026.'';
       (2) in section 5(a), as amended by section 903 of this 
     Act--
       (A) in paragraph (16)(B), as so redesignated, by striking 
     the period at the end and inserting ``; and''; and
       (B) by adding at the end the following:
       ``(17) a description of the use of subpoenas for the 
     attendance and testimony of certain witnesses authorized 
     under section 6A.''; and
       (3) in section 8G(g)(1), by inserting ``6A,'' before ``and 
     7''.

     SEC. 5113. REVIEW BY THE COMPTROLLER GENERAL.

       Not later than January 1, 2026, the Comptroller General of 
     the United States shall submit to the appropriate 
     congressional committees a report reviewing the use of 
     testimonial subpoena authority, which shall include--
       (1) a summary of the information included in the semiannual 
     reports to Congress under section 6A(f) of the Inspector 
     General Act of 1978 (5 U.S.C. App.), as added by this title, 
     including an analysis of any patterns and trends identified 
     in the use of the authority during the reporting period;
       (2) a review of subpoenas issued by inspectors general on 
     and after the date of enactment of this Act to evaluate 
     compliance with this Act by the respective inspector general, 
     the Subpoena Panel, and the Council of the Inspectors General 
     on Integrity and Efficiency; and
       (3) any additional analysis, evaluation, or recommendation 
     based on observations or information gathered by the 
     Comptroller General of the United States during the course of 
     the review.

      TITLE LII--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL

     SEC. 5121. SHORT TITLE.

       This title may be cited as the ``Inspector General Access 
     Act of 2021''.

     SEC. 5122. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.

       Section 8E of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2), by striking ``and paragraph (3)'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively; and
       (D) in paragraph (4), as redesignated, by striking 
     ``paragraph (4)'' and inserting ``paragraph (3)''; and
       (2) in subsection (d), by striking ``, except with respect 
     to allegations described in subsection (b)(3),''.

  TITLE LIII--REVIEW RELATING TO AFGHANISTAN RESETTLEMENT AND SPECIAL 
                         IMMIGRANT VISA PROGRAM

     SEC. 5131. REVIEW RELATING TO VETTING, PROCESSING, AND 
                   RESETTLEMENT OF EVACUEES FROM AFGHANISTAN AND 
                   THE AFGHANISTAN SPECIAL IMMIGRANT VISA PROGRAM.

       (a) In General.--In accordance with the Inspector General 
     Act of 1978 (5 U.S.C. App.), the Inspector General of the 
     Department of Homeland Security, jointly with the Inspector 
     General of the Department of State, and in coordination with 
     any appropriate inspector general established by that Act or 
     section 103H of the National Security Act of 1947

[[Page S8392]]

     (50 U.S.C. 3033), shall conduct a thorough review of efforts 
     to support and process evacuees from Afghanistan and the 
     Afghanistan special immigrant visa program.
       (b) Elements.--The review required by subsection (a) shall 
     include an assessment of the systems, staffing, policies, and 
     programs used--
       (1) to the screen and vet such evacuees, including--
       (A) an assessment of whether personnel conducting such 
     screening and vetting were appropriately authorized and 
     provided with training, including training in the detection 
     of fraudulent personal identification documents;
       (B) an analysis of the degree to which such screening and 
     vetting deviated from United States law, regulations, policy, 
     and best practices relating to--
       (i) the screening and vetting of parolees, refugees, and 
     applicants for United States visas that have been in use at 
     any time since January 1, 2016, particularly for individuals 
     from countries with active terrorist organizations; and
       (ii) the screening and vetting of parolees, refugees, and 
     applicants for United States visas pursuant to any mass 
     evacuation effort since 1975, particularly for individuals 
     from countries with active terrorist organizations;
       (C) an identification of any risk to the national security 
     of the United States posed by any such deviations;
       (D) an analysis of the processes used for evacuees 
     traveling without personal identification records, including 
     the creation or provision of any new identification records 
     to such evacuees; and
       (E) an analysis of the degree to which such screening and 
     vetting process was capable of detecting--
       (i) instances of human trafficking and domestic abuse;
       (ii) evacuees who are unaccompanied minors; and
       (iii) evacuees with a spouse that is a minor;
       (2) to admit and process such evacuees at United States 
     ports of entry;
       (3) to temporarily house such evacuees prior to 
     resettlement;
       (4) to account for the total number of individual evacuated 
     from Afghanistan in 2021 with support of the United States 
     Government, disaggregated by--
       (A) country of origin;
       (B) age;
       (C) gender;
       (D) eligibility for special immigrant visas under the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) or section 1059 of the National Defense 
     Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note; 
     Public Law 109-163) at the time of evacuation;
       (E) eligibility for employment-based nonimmigrant visas at 
     the time of evacuation; and
       (F) familial relationship to evacuees who are eligible for 
     visas described in subparagraphs (D) and (E); and
       (5) to provide eligible individuals with special immigrant 
     visas under the Afghan Allies Protection Act of 2009 (8 
     U.S.C. 1101 note; Public Law 111-8) and section 1059 of the 
     National Defense Authorization Act for Fiscal Year 2006 (8 
     U.S.C. 1101 note; Public Law 109-163) since the date of the 
     enactment of the Afghan Allies Protection Act of 2009 (8 
     U.S.C. 1101 note; Public Law 111-8), including--
       (A) a detailed step-by-step description of the application 
     process for such special immigrant visas, including the 
     number of days allotted by the United States Government for 
     the completion of each step;
       (B) the number of such special immigrant visa applications 
     received, approved, and denied, disaggregated by fiscal year;
       (C) the number of such special immigrant visas issued, as 
     compared to the number available under law, disaggregated by 
     fiscal year;
       (D) an assessment of the average length of time taken to 
     process an application for such a special immigrant visa, 
     beginning on the date of submission of the application and 
     ending on the date of final disposition, disaggregated by 
     fiscal year;
       (E) an accounting of the number of applications for such 
     special immigrant visas that remained pending at the end of 
     each fiscal year;
       (F) an accounting of the number of interviews of applicants 
     for such special immigrant visas conducted during each fiscal 
     year;
       (G) the number of noncitizens who were admitted to the 
     United States pursuant to such a special immigrant visa 
     during each fiscal year;
       (H) an assessment of the extent to which each participating 
     department or agency of the United States Government, 
     including the Department of State and the Department of 
     Homeland Security, adjusted processing practices and 
     procedures for such special immigrant visas so as to vet 
     applicants and expand processing capacity since the February 
     29, 2020, Doha Agreement between the United States and the 
     Taliban;
       (I) a list of specific steps, if any, taken between 
     February 29, 2020, and August 31, 2021--
       (i) to streamline the processing of applications for such 
     special immigrant visas; and
       (ii) to address longstanding bureaucratic hurdles while 
     improving security protocols;
       (J) a description of the degree to which the Secretary of 
     State implemented recommendations made by the Department of 
     State Office of Inspector General in its June 2020 reports on 
     Review of the Afghan Special Immigrant Visa Program (AUD-
     MERO-20-35) and Management Assistance Report: Quarterly 
     Reporting on Afghan Special Immigrant Visa Program Needs 
     Improvement (AUD-MERO-20-34);
       (K) an assessment of the extent to which challenges in 
     verifying applicants' employment with the Department of 
     Defense contributed to delays in the processing of such 
     special immigrant visas, and an accounting of the specific 
     steps taken since February 29, 2020, to address issues 
     surrounding employment verification; and
       (L) recommendations to strengthen and streamline such 
     special immigrant visa process going forward.
       (c) Interim Reporting.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Department of Homeland Security and the Inspector General of 
     the Department of State shall submit to the appropriate 
     congressional committees not fewer than one interim report on 
     the review conducted under this section.
       (2) Form.--Any report submitted under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (3) Definitions.--In this subsection:
       (A) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given the term in section 12 of the Inspector General Act of 
     1978 (5 U.S.C. App.), as amended by this Act.
       (B) Screen; screening.--The terms ``screen'' and 
     ``screening'', with respect to an evacuee, mean the process 
     by which a Federal official determines--
       (i) the identity of the evacuee;
       (ii) whether the evacuee has a valid identification 
     documentation; and
       (iii) whether any database of the United States Government 
     contains derogatory information about the evacuee.
       (C) Vet; vetting.--The term ``vet'' and ``vetting'', with 
     respect to an evacuee, means the process by which a Federal 
     official interviews the evacuee to determine whether the 
     evacuee is who they purport to be, including whether the 
     evacuee poses a national security risk.
       (d) Discharge of Responsibilities.--The Inspector General 
     of the Department of Homeland Security and the Inspector 
     General of the Department of State shall discharge the 
     responsibilities under this section in a manner consistent 
     with the authorities and requirements of the Inspector 
     General Act of 1978 (5 U.S.C. App.) and the authorities and 
     requirements applicable to the Inspector General of the 
     Department of Homeland Security and the Inspector General of 
     the Department of State under that Act.
       (e) Coordination.--Upon request of an Inspector General for 
     information or assistance under subsection (a), the head of 
     any Federal agency involved shall, insofar as is practicable 
     and not in contravention of any existing statutory 
     restriction or regulation of the Federal agency from which 
     the information is requested, furnish to such Inspector 
     General, or to an authorized designee, such information or 
     assistance.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to limit the ability of the Inspector General of 
     the Department of Homeland Security or the Inspector General 
     of the Department of State to enter into agreements to 
     conduct joint audits, inspections, or investigations in the 
     exercise of the oversight responsibilities of the Inspector 
     General of the Department of Homeland Security and the 
     Inspector General of the Department of State, in accordance 
     with the Inspector General Act of 1978 (5 U.S.C. App.), with 
     respect to oversight of the evacuation from Afghanistan, the 
     selection, vetting, and processing of applicants for special 
     immigrant visas and asylum, and any resettlement in the 
     United States of such evacuees.
                                 ______
                                 
  SA 4780. Mr. PETERS (for himself, Mr. Portman, and Mr. Grassley) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

 DIVISION E--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT ACT OF 2021

     SEC. 5101. SHORT TITLE.

       This division may be cited as the ``Inspector General 
     Independence and Empowerment Act of 2021''.

                TITLE LI--INSPECTOR GENERAL INDEPENDENCE

     SEC. 5111. SHORT TITLE.

       This title may be cited as the ``Securing Inspector General 
     Independence Act of 2021''.

     SEC. 5112. REMOVAL OR TRANSFER OF INSPECTORS GENERAL; 
                   PLACEMENT ON NON-DUTY STATUS.

       (a) In General.--The Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--

[[Page S8393]]

       (1) in section 3(b)--
       (A) by inserting ``(1)(A)'' after ``(b)'';
       (B) in paragraph (1), as so designated--
       (i) in subparagraph (A), as so designated, in the second 
     sentence--

       (I) by striking ``reasons'' and inserting the following: 
     ``substantive rationale, including detailed and case-specific 
     reasons,''; and
       (II) by inserting ``(including to the appropriate 
     congressional committees)'' after ``Houses of Congress''; and

       (ii) by adding at the end the following:
       ``(B) If there is an open or completed inquiry into an 
     Inspector General that relates to the removal or transfer of 
     the Inspector General under subparagraph (A), the written 
     communication required under that subparagraph shall--
       ``(i) identify each entity that is conducting, or that 
     conducted, the inquiry; and
       ``(ii) in the case of a completed inquiry, contain the 
     findings made during the inquiry.''; and
       (C) by adding at the end the following:
       ``(2)(A) Subject to the other provisions of this paragraph, 
     only the President may place an Inspector General on non-duty 
     status.
       ``(B) If the President places an Inspector General on non-
     duty status, the President shall communicate in writing the 
     substantive rationale, including detailed and case-specific 
     reasons, for the change in status to both Houses of Congress 
     (including to the appropriate congressional committees) not 
     later than 15 days before the date on which the change in 
     status takes effect, except that the President may submit 
     that communication not later than the date on which the 
     change in status takes effect if--
       ``(i) the President has made a determination that the 
     continued presence of the Inspector General in the workplace 
     poses a threat described in any of clauses (i) through (iv) 
     of section 6329b(b)(2)(A) of title 5, United States Code; and
       ``(ii) in the communication, the President includes a 
     report on the determination described in clause (i), which 
     shall include--
       ``(I) a specification of which clause of section 
     6329b(b)(2)(A) of title 5, United States Code, the President 
     has determined applies under clause (i) of this subparagraph;
       ``(II) the substantive rationale, including detailed and 
     case-specific reasons, for the determination made under 
     clause (i);
       ``(III) an identification of each entity that is 
     conducting, or that conducted, any inquiry upon which the 
     determination under clause (i) was made; and
       ``(IV) in the case of an inquiry described in subclause 
     (III) that is completed, the findings made during that 
     inquiry.
       ``(C) The President may not place an Inspector General on 
     non-duty status during the 30-day period preceding the date 
     on which the Inspector General is removed or transferred 
     under paragraph (1)(A) unless the President--
       ``(i) has made a determination that the continued presence 
     of the Inspector General in the workplace poses a threat 
     described in any of clauses (i) through (iv) of section 
     6329b(b)(2)(A) of title 5, United States Code; and
       ``(ii) not later than the date on which the change in 
     status takes effect, submits to both Houses of Congress 
     (including to the appropriate congressional committees) a 
     written communication that contains the information required 
     under subparagraph (B), including the report required under 
     clause (ii) of that subparagraph.
       ``(D) For the purposes of this paragraph--
       ``(i) the term `Inspector General'--
       ``(I) means an Inspector General who was appointed by the 
     President, without regard to whether the Senate provided 
     advice and consent with respect to that appointment; and
       ``(II) includes the Inspector General of an establishment, 
     the Inspector General of the Intelligence Community, the 
     Inspector General of the Central Intelligence Agency, the 
     Special Inspector General for Afghanistan Reconstruction, the 
     Special Inspector General for the Troubled Asset Relief 
     Program, and the Special Inspector General for Pandemic 
     Recovery; and
       ``(ii) a reference to the removal or transfer of an 
     Inspector General under paragraph (1), or to the written 
     communication described in that paragraph, shall be 
     considered to be--
       ``(I) in the case of the Inspector General of the 
     Intelligence Community, a reference to section 103H(c)(4) of 
     the National Security Act of 1947 (50 U.S.C. 3033(c)(4));
       ``(II) in the case of the Inspector General of the Central 
     Intelligence Agency, a reference to section 17(b)(6) of the 
     Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(b)(6));
       ``(III) in the case of the Special Inspector General for 
     Afghanistan Reconstruction, a reference to section 1229(c)(6) 
     of the National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181; 122 Stat. 378);
       ``(IV) in the case of the Special Inspector General for the 
     Troubled Asset Relief Program, a reference to section 
     121(b)(4) of the Emergency Economic Stabilization Act of 2008 
     (12 U.S.C. 5231(b)(4)); and
       ``(V) in the case of the Special Inspector General for 
     Pandemic Recovery, a reference to section 4018(b)(3) of the 
     CARES Act (15 U.S.C. 9053(b)(3)).''; and
       (2) in section 8G(e)--
       (A) in paragraph (1), by inserting ``or placement on non-
     duty status'' after ``a removal'';
       (B) in paragraph (2)--
       (i) by inserting ``(A)'' after ``(2)'';
       (ii) in subparagraph (A), as so designated, in the first 
     sentence--

       (I) by striking ``reasons'' and inserting the following: 
     ``substantive rationale, including detailed and case-specific 
     reasons,''; and
       (II) by inserting ``(including to the appropriate 
     congressional committees)'' after ``Houses of Congress''; and

       (iii) by adding at the end the following:
       ``(B) If there is an open or completed inquiry into an 
     Inspector General that relates to the removal or transfer of 
     the Inspector General under subparagraph (A), the written 
     communication required under that subparagraph shall--
       ``(i) identify each entity that is conducting, or that 
     conducted, the inquiry; and
       ``(ii) in the case of a completed inquiry, contain the 
     findings made during the inquiry.''; and
       (C) by adding at the end the following:
       ``(3)(A) Subject to the other provisions of this paragraph, 
     only the head of the applicable designated Federal entity 
     (referred to in this paragraph as the `covered official') may 
     place an Inspector General on non-duty status.
       ``(B) If a covered official places an Inspector General on 
     non-duty status, the covered official shall communicate in 
     writing the substantive rationale, including detailed and 
     case-specific reasons, for the change in status to both 
     Houses of Congress (including to the appropriate 
     congressional committees) not later than 15 days before the 
     date on which the change in status takes effect, except that 
     the covered official may submit that communication not later 
     than the date on which the change in status takes effect if--
       ``(i) the covered official has made a determination that 
     the continued presence of the Inspector General in the 
     workplace poses a threat described in any of clauses (i) 
     through (iv) of section 6329b(b)(2)(A) of title 5, United 
     States Code; and
       ``(ii) in the communication, the covered official includes 
     a report on the determination described in clause (i), which 
     shall include--
       ``(I) a specification of which clause of section 
     6329b(b)(2)(A) of title 5, United States Code, the covered 
     official has determined applies under clause (i) of this 
     subparagraph;
       ``(II) the substantive rationale, including detailed and 
     case-specific reasons, for the determination made under 
     clause (i);
       ``(III) an identification of each entity that is 
     conducting, or that conducted, any inquiry upon which the 
     determination under clause (i) was made; and
       ``(IV) in the case of an inquiry described in subclause 
     (III) that is completed, the findings made during that 
     inquiry.
       ``(C) A covered official may not place an Inspector General 
     on non-duty status during the 30-day period preceding the 
     date on which the Inspector General is removed or transferred 
     under paragraph (2)(A) unless the covered official--
       ``(i) has made a determination that the continued presence 
     of the Inspector General in the workplace poses a threat 
     described in any of clauses (i) through (iv) of section 
     6329b(b)(2)(A) of title 5, United States Code; and
       ``(ii) not later than the date on which the change in 
     status takes effect, submits to both Houses of Congress 
     (including to the appropriate congressional committees) a 
     written communication that contains the information required 
     under subparagraph (B), including the report required under 
     clause (ii) of that subparagraph.
       ``(D) Nothing in this paragraph may be construed to limit 
     or otherwise modify--
       ``(i) any statutory protection that is afforded to an 
     Inspector General; or
       ``(ii) any other action that a covered official may take 
     under law with respect to an Inspector General.''.
       (b) Technical and Conforming Amendment.--Section 12(3) of 
     the Inspector General Act of 1978 (5 U.S.C. App.) is amended 
     by inserting ``except as otherwise expressly provided,'' 
     before ``the term''.

     SEC. 5113. VACANCY IN POSITION OF INSPECTOR GENERAL.

       (a) In General.--Section 3 of the Inspector General Act of 
     1978 (5 U.S.C. App.) is amended by adding at the end the 
     following:
       ``(h)(1) In this subsection--
       ``(A) the term `first assistant to the position of 
     Inspector General' means, with respect to an Office of 
     Inspector General--
       ``(i) an individual who, as of the day before the date on 
     which the Inspector General dies, resigns, or otherwise 
     becomes unable to perform the functions and duties of that 
     position--
       ``(I) is serving in a position in that Office; and
       ``(II) has been designated in writing by the Inspector 
     General, through an order of succession or otherwise, as the 
     first assistant to the position of Inspector General; or
       ``(ii) if the Inspector General has not made a designation 
     described in clause (i)(II)--
       ``(I) the Principal Deputy Inspector General of that 
     Office, as of the day before the date on which the Inspector 
     General dies, resigns, or otherwise becomes unable to perform 
     the functions and duties of that position; or
       ``(II) if there is no Principal Deputy Inspector General of 
     that Office, the Deputy Inspector General of that Office, as 
     of the day before the date on which the Inspector General 
     dies, resigns, or otherwise becomes unable to perform the 
     functions and duties of that position; and
       ``(B) the term `Inspector General'--
       ``(i) means an Inspector General who is appointed by the 
     President, by and with the advice and consent of the Senate; 
     and

[[Page S8394]]

       ``(ii) includes the Inspector General of an establishment, 
     the Inspector General of the Intelligence Community, the 
     Inspector General of the Central Intelligence Agency, the 
     Special Inspector General for the Troubled Asset Relief 
     Program, and the Special Inspector General for Pandemic 
     Recovery.
       ``(2) If an Inspector General dies, resigns, or is 
     otherwise unable to perform the functions and duties of the 
     position--
       ``(A) section 3345(a) of title 5, United States Code, and 
     section 103(e) of the National Security Act of 1947 (50 
     U.S.C. 3025(e)) shall not apply;
       ``(B) subject to paragraph (4), the first assistant to the 
     position of Inspector General shall perform the functions and 
     duties of the Inspector General temporarily in an acting 
     capacity subject to the time limitations of section 3346 of 
     title 5, United States Code; and
       ``(C) notwithstanding subparagraph (B), and subject to 
     paragraphs (4) and (5), the President (and only the 
     President) may direct an officer or employee of any Office of 
     an Inspector General to perform the functions and duties of 
     the Inspector General temporarily in an acting capacity 
     subject to the time limitations of section 3346 of title 5, 
     United States Code, only if--
       ``(i) during the 365-day period preceding the date of 
     death, resignation, or beginning of inability to serve of the 
     Inspector General, the officer or employee served in a 
     position in an Office of an Inspector General for not less 
     than 90 days, except that--
       ``(I) the requirement under this clause shall not apply if 
     the officer is an Inspector General; and
       ``(II) for the purposes of this subparagraph, performing 
     the functions and duties of an Inspector General temporarily 
     in an acting capacity does not qualify as service in a 
     position in an Office of an Inspector General;
       ``(ii) the rate of pay for the position of the officer or 
     employee described in clause (i) is equal to or greater than 
     the minimum rate of pay payable for a position at GS-15 of 
     the General Schedule;
       ``(iii) the officer or employee has demonstrated ability in 
     accounting, auditing, financial analysis, law, management 
     analysis, public administration, or investigations; and
       ``(iv) not later than 30 days before the date on which the 
     direction takes effect, the President communicates in writing 
     to both Houses of Congress (including to the appropriate 
     congressional committees) the substantive rationale, 
     including the detailed and case-specific reasons, for such 
     direction, including the reason for the direction that 
     someone other than the individual who is performing the 
     functions and duties of the Inspector General temporarily in 
     an acting capacity (as of the date on which the President 
     issues that direction) perform those functions and duties 
     temporarily in an acting capacity.
       ``(3) Notwithstanding section 3345(a) of title 5, United 
     States Code, section 103(e) of the National Security Act of 
     1947 (50 U.S.C. 3025(e)), and subparagraphs (B) and (C) of 
     paragraph (2), and subject to paragraph (4), during any 
     period in which an Inspector General is on non-duty status--
       ``(A) the first assistant to the position of Inspector 
     General shall perform the functions and duties of the 
     position temporarily in an acting capacity subject to the 
     time limitations of section 3346 of title 5, United States 
     Code; and
       ``(B) if the first assistant described in subparagraph (A) 
     dies, resigns, or becomes otherwise unable to perform those 
     functions and duties, the President (and only the President) 
     may direct an officer or employee in that Office of Inspector 
     General to perform those functions and duties temporarily in 
     an acting capacity, subject to the time limitations of 
     section 3346 of title 5, United States Code, if--
       ``(i) that direction satisfies the requirements under 
     clauses (ii), (iii), and (iv) of paragraph (2)(C); and
       ``(ii) that officer or employee served in a position in 
     that Office of Inspector General for not fewer than 90 of the 
     365 days preceding the date on which the President makes that 
     direction.
       ``(4) An individual may perform the functions and duties of 
     an Inspector General temporarily and in an acting capacity 
     under subparagraph (B) or (C) of paragraph (2), or under 
     paragraph (3), with respect to only 1 Inspector General 
     position at any given time.
       ``(5) If the President makes a direction under paragraph 
     (2)(C), during the 30-day period preceding the date on which 
     the direction of the President takes effect, the functions 
     and duties of the position of the applicable Inspector 
     General shall be performed by--
       ``(A) the first assistant to the position of Inspector 
     General; or
       ``(B) the individual performing those functions and duties 
     temporarily in an acting capacity, as of the date on which 
     the President issues that direction, if that individual is an 
     individual other than the first assistant to the position of 
     Inspector General.''.
       (b) Rule of Construction.--Nothing in the amendment made by 
     subsection (a) may be construed to limit the applicability of 
     sections 3345 through 3349d of title 5, United States Code 
     (commonly known as the ``Federal Vacancies Reform Act of 
     1998''), other than with respect to section 3345(a) of that 
     title.
       (c) Effective Date.--
       (1) Definition.--In this subsection, the term ``Inspector 
     General'' has the meaning given the term in subsection 
     (h)(1)(B) of section 3 of the Inspector General Act of 1978 
     (5 U.S.C. App.), as added by subsection (a) of this section.
       (2) Applicability.--
       (A) In general.--Except as provided in subparagraph (B), 
     this section, and the amendments made by this section, shall 
     take effect on the date of enactment of this Act.
       (B) Existing vacancies.--If, as of the date of enactment of 
     this Act, an individual is performing the functions and 
     duties of an Inspector General temporarily in an acting 
     capacity, this section, and the amendments made by this 
     section, shall take effect with respect to that Inspector 
     General position on the date that is 30 days after the date 
     of enactment of this Act.

     SEC. 5114. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER 
                   COMPLAINTS.

       (a) Whistleblower Protection Coordinator.--Section 
     3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in clause (i), in the matter preceding subclause (I), 
     by inserting ``, including employees of that Office of 
     Inspector General'' after ``employees''; and
       (2) in clause (iii), by inserting ``(including the 
     Integrity Committee of that Council)'' after ``and 
     Efficiency''.
       (b) Council of the Inspectors General on Integrity and 
     Efficiency.--Section 11(c)(5)(B) of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended by striking ``, 
     allegations of reprisal,'' and inserting the following: ``and 
     allegations of reprisal (including the timely and appropriate 
     handling and consideration of protected disclosures and 
     allegations of reprisal that are internal to an Office of 
     Inspector General)''.

TITLE LII--PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR 
                                GENERAL

     SEC. 5121. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN 
                   INSPECTOR GENERAL.

       (a) In General.--Subchapter III of chapter 33 of title 5, 
     United States Code, is amended by inserting after section 
     3349d the following:

     ``Sec. 3349e. Presidential explanation of failure to nominate 
       an inspector general

       ``If the President fails to make a formal nomination for a 
     vacant inspector general position that requires a formal 
     nomination by the President to be filled within the period 
     beginning on the later of the date on which the vacancy 
     occurred or on which a nomination is rejected, withdrawn, or 
     returned, and ending on the day that is 210 days after that 
     date, the President shall communicate, within 30 days after 
     the end of such period and not later than June 1 of each year 
     thereafter, to the appropriate congressional committees, as 
     defined in section 12 of the Inspector General Act of 1978 (5 
     U.S.C. App.)--
       ``(1) the reasons why the President has not yet made a 
     formal nomination; and
       ``(2) a target date for making a formal nomination.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for subchapter III of chapter 33 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 3349d the following:

``3349e. Presidential explanation of failure to nominate an Inspector 
              General.''.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect--
       (1) on the date of enactment of this Act with respect to 
     any vacancy first occurring on or after that date; and
       (2) on the day that is 210 days after the date of enactment 
     of this Act with respect to any vacancy that occurred before 
     the date of enactment of this Act.

TITLE LIII--INTEGRITY COMMITTEE OF THE COUNCIL OF INSPECTORS GENERAL ON 
                 INTEGRITY AND EFFICIENCY TRANSPARENCY

     SEC. 5131. SHORT TITLE.

       This title may be cited as the ``Integrity Committee 
     Transparency Act of 2021''.

     SEC. 5132. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS 
                   AND REPORTS TO CONGRESS.

       Section 11(d) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--
       (1) in paragraph (5)(B)(ii), by striking the period at the 
     end and inserting ``, the length of time the Integrity 
     Committee has been evaluating the allegation of wrongdoing, 
     and a description of any previous written notice provided 
     under this clause with respect to the allegation of 
     wrongdoing, including the description provided for why 
     additional time was needed.''; and
       (2) in paragraph (8)(A)(ii), by inserting ``or corrective 
     action'' after ``disciplinary action''.

     SEC. 5133. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN 
                   ALLEGATIONS OF WRONGDOING CLOSED WITHOUT 
                   REFERRAL.

       Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by adding at the end the following:
       ``(iii) Availability of information to congress on certain 
     allegations of wrongdoing closed without referral.--

       ``(I) In general.--With respect to an allegation of 
     wrongdoing made by a member of Congress that is closed by the 
     Integrity Committee without referral to the Chairperson of 
     the Integrity Committee to initiate an investigation, the 
     Chairperson of

[[Page S8395]]

     the Integrity Committee shall, not later than 60 days after 
     closing the allegation of wrongdoing, provide a written 
     description of the nature of the allegation of wrongdoing and 
     how the Integrity Committee evaluated the allegation of 
     wrongdoing to--

       ``(aa) the Chair and Ranking Minority Member of the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       ``(bb) the Chair and Ranking Minority Member of the 
     Committee on Oversight and Reform of the House of 
     Representatives.

       ``(II) Requirement to forward.--The Chairperson of the 
     Integrity Committee shall forward any written description or 
     update provided under this clause to the members of the 
     Integrity Committee and to the Chairperson of the Council.''.

     SEC. 5134. SEMIANNUAL REPORT.

       Section 11(d)(9) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended to read as follows:
       ``(9) Semiannual report.--On or before May 31, 2022, and 
     every 6 months thereafter, the Council shall submit to 
     Congress and the President a report on the activities of the 
     Integrity Committee during the immediately preceding 6-month 
     periods ending March 31 and September 30, which shall include 
     the following with respect to allegations of wrongdoing that 
     are made against Inspectors General and staff members of the 
     various Offices of Inspector General described in paragraph 
     (4)(C):
       ``(A) An overview and analysis of the allegations of 
     wrongdoing disposed of by the Integrity Committee, 
     including--
       ``(i) analysis of the positions held by individuals against 
     whom allegations were made, including the duties affiliated 
     with such positions;
       ``(ii) analysis of the categories or types of the 
     allegations of wrongdoing; and
       ``(iii) a summary of disposition of all the allegations.
       ``(B) The number of allegations received by the Integrity 
     Committee.
       ``(C) The number of allegations referred to the Department 
     of Justice or the Office of Special Counsel, including the 
     number of allegations referred for criminal investigation.
       ``(D) The number of allegations referred to the Chairperson 
     of the Integrity Committee for investigation, a general 
     description of the status of such investigations, and a 
     summary of the findings of investigations completed.
       ``(E) An overview and analysis of allegations of wrongdoing 
     received by the Integrity Committee during any previous 
     reporting period, but remained pending during some part of 
     the six months covered by the report, including--
       ``(i) analysis of the positions held by individuals against 
     whom allegations were made, including the duties affiliated 
     with such positions;
       ``(ii) analysis of the categories or types of the 
     allegations of wrongdoing; and
       ``(iii) a summary of disposition of all the allegations.
       ``(F) The number and category or type of pending 
     investigations.
       ``(G) For each allegation received--
       ``(i) the date on which the investigation was opened;
       ``(ii) the date on which the allegation was disposed of, as 
     applicable; and
       ``(iii) the case number associated with the allegation.
       ``(H) The nature and number of allegations to the Integrity 
     Committee closed without referral, including the 
     justification for why each allegation was closed without 
     referral.
       ``(I) A brief description of any difficulty encountered by 
     the Integrity Committee when receiving, evaluating, 
     investigating, or referring for investigation an allegation 
     received by the Integrity Committee, including a brief 
     description of--
       ``(i) any attempt to prevent or hinder an investigation; or
       ``(ii) concerns about the integrity or operations at an 
     Office of Inspector General.
       ``(J) Other matters that the Council considers 
     appropriate.''.

     SEC. 5135. ADDITIONAL REPORTS.

       Section 5 of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(e) Additional Reports.--
       ``(1) Report to inspector general.--The Chairperson of the 
     Integrity Committee of the Council of the Inspectors General 
     on Integrity and Efficiency shall, immediately whenever the 
     Chairperson of the Integrity Committee becomes aware of 
     particularly serious or flagrant problems, abuses, or 
     deficiencies relating to the administration of programs and 
     operations of an Office of Inspector General for which the 
     Integrity Committee may receive, review, and refer for 
     investigation allegations of wrongdoing under section 11(d), 
     submit a report to the Inspector General who leads the Office 
     at which the serious or flagrant problems, abuses, or 
     deficiencies were alleged.
       ``(2) Report to president, congress, and the 
     establishment.--Not later than 7 days after the date on which 
     an Inspector General receives a report submitted under 
     paragraph (1), the Inspector General shall submit to the 
     President, the appropriate congressional committees, and the 
     head of the establishment--
       ``(A) the report received under paragraph (1); and
       ``(B) a report by the Inspector General containing any 
     comments the Inspector General determines appropriate.''.

     SEC. 5136. REQUIREMENT TO REPORT FINAL DISPOSITION TO 
                   CONGRESS.

       Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by inserting ``and the appropriate 
     congressional committees'' after ``Integrity Committee''.

     SEC. 5137. INVESTIGATIONS OF OFFICES OF INSPECTORS GENERAL OF 
                   ESTABLISHMENTS BY THE INTEGRITY COMMITTEE.

       Section 11(d)(7)(B)(i)(V) of the Inspector General Act of 
     1978 (5 U.S.C. App.) is amended by inserting ``, and that an 
     investigation of an Office of Inspector General of an 
     establishment is conducted by another Office of Inspector 
     General of an establishment'' after ``size''.

    TITLE LIV--TESTIMONIAL SUBPOENA AUTHORITY FOR INSPECTORS GENERAL

     SEC. 5141. SHORT TITLE.

       This title may be cited as the ``IG Testimonial Subpoena 
     Authority Act''.

     SEC. 5142. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS 
                   GENERAL.

       The Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) by inserting after section 6 the following:

     ``SEC. 6A. ADDITIONAL AUTHORITY.

       ``(a) Definitions.--In this section--
       ``(1) the term `Chairperson' means the Chairperson of the 
     Council of the Inspectors General on Integrity and 
     Efficiency;
       ``(2) the term `Inspector General'--
       ``(A) means an Inspector General of an establishment or a 
     designated Federal entity (as defined in section 8G(a)); and
       ``(B) includes--
       ``(i) the Inspector General of the Central Intelligence 
     Agency established under section 17 of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 3517);
       ``(ii) the Inspector General of the Intelligence Community 
     established under section 103H of the National Security Act 
     of 1947 (50 U.S.C. 3033);
       ``(iii) the Special Inspector General for Afghanistan 
     Reconstruction established under section 1229 of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 379);
       ``(iv) the Special Inspector General for the Troubled Asset 
     Relief Plan established under section 121 of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5231); and
       ``(v) the Special Inspector General for Pandemic Recovery 
     established under section 4018 of the CARES Act (15 U.S.C. 
     9053); and
       ``(3) the term `Subpoena Panel' means the panel to which 
     requests for approval to issue a subpoena are submitted under 
     subsection (e).
       ``(b) Testimonial Subpoena Authority.--
       ``(1) In general.--In addition to the authority otherwise 
     provided by this Act and in accordance with the requirements 
     of this section, each Inspector General, in carrying out the 
     provisions of this Act or the provisions of the authorizing 
     statute of the Inspector General, as applicable, is 
     authorized to require by subpoena the attendance and 
     testimony of witnesses as necessary in the performance of an 
     audit, inspection, evaluation, or investigation, which 
     subpoena, in the case of contumacy or refusal to obey, shall 
     be enforceable by order of any appropriate United States 
     district court.
       ``(2) Prohibition.--An Inspector General may not require by 
     subpoena the attendance and testimony of a Federal employee 
     or employee of a designated Federal entity, but may use other 
     authorized procedures.
       ``(3) Determination by inspector general.--The 
     determination of whether a matter constitutes an audit, 
     inspection, evaluation, or investigation shall be at the 
     discretion of the applicable Inspector General.
       ``(c) Limitation on Delegation.--The authority to issue a 
     subpoena under subsection (b) may only be delegated to an 
     official performing the functions and duties of an Inspector 
     General when the Inspector General position is vacant or when 
     the Inspector General is unable to perform the functions and 
     duties of the Office of the Inspector General.
       ``(d) Notice to Attorney General.--
       ``(1) In general.--Not less than 10 days before submitting 
     a request for approval to issue a subpoena to the Subpoena 
     Panel under subsection (e), an Inspector General shall--
       ``(A) notify the Attorney General of the plan of the 
     Inspector General to issue the subpoena; and
       ``(B) take into consideration any information provided by 
     the Attorney General relating to the subpoena.
       ``(2) Rule of construction.--Nothing in this subsection may 
     be construed to prevent an Inspector General from submitting 
     to the Subpoena Panel under subsection (e) a request for 
     approval to issue a subpoena if 10 or more days have elapsed 
     since the date on which the Inspector General submits to the 
     Attorney General the notification required under paragraph 
     (1)(A) with respect to that subpoena.
       ``(e) Panel Review Before Issuance.--
       ``(1) Approval required.--
       ``(A) Request for approval by subpoena panel.--Before the 
     issuance of a subpoena described in subsection (b), an 
     Inspector General shall submit to a panel a request for 
     approval to issue the subpoena, which shall include a 
     determination by the Inspector General that--

[[Page S8396]]

       ``(i) the testimony is likely to be reasonably relevant to 
     the audit, inspection, evaluation, or investigation for which 
     the subpoena is sought; and
       ``(ii) the information to be sought cannot be reasonably 
     obtained through other means.
       ``(B) Composition of subpoena panel.--
       ``(i) In general.--Subject to clauses (ii) and (iii), a 
     Subpoena Panel shall be comprised of 3 inspectors general 
     appointed by the President and confirmed by the Senate, who 
     shall be randomly drawn by the Chairperson or a designee of 
     the Chairperson from a pool of all such inspectors general.
       ``(ii) Classified information.--If consideration of a 
     request for a subpoena submitted under subparagraph (A) would 
     require access to classified information, the Chairperson or 
     a designee of the Chairperson may limit the pool of 
     inspectors general described in clause (i) to appropriately 
     cleared inspectors general.
       ``(iii) Confirmation of availability.--If an inspector 
     general drawn from the pool described in clause (i) does not 
     confirm their availability to serve on the Subpoena Panel 
     within 24 hours of receiving a notification from the 
     Chairperson or a designee of the Chairperson regarding 
     selection for the Subpoena Panel, the Chairperson or a 
     designee of the Chairperson may randomly draw a new inspector 
     general from the pool to serve on the Subpoena Panel.
       ``(C) Contents of request.--The request described in 
     subparagraph (A) shall include any information provided by 
     the Attorney General related to the subpoena, which the 
     Attorney General requests that the Subpoena Panel consider.
       ``(D) Protection from disclosure.--
       ``(i) In general.--The information contained in a request 
     submitted by an Inspector General under subparagraph (A) and 
     the identification of a witness shall be protected from 
     disclosure to the extent permitted by law.
       ``(ii) Request for disclosure.--Any request for disclosure 
     of the information described in clause (i) shall be submitted 
     to the Inspector General requesting the subpoena.
       ``(2) Time to respond.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Subpoena Panel shall approve or deny a request for 
     approval to issue a subpoena submitted under paragraph (1) 
     not later than 10 days after the submission of the request.
       ``(B) Additional information for panel.--If the Subpoena 
     Panel determines that additional information is necessary to 
     approve or deny a request for approval to issue a subpoena 
     submitted by an Inspector General under paragraph (1), the 
     Subpoena Panel shall--
       ``(i) request that information; and
       ``(ii) approve or deny the request for approval submitted 
     by the Inspector General not later than 20 days after the 
     Subpoena Panel submits the request for information under 
     clause (i).
       ``(3) Approval by panel.--If all members of the Subpoena 
     Panel unanimously approve a request for approval to issue a 
     subpoena submitted by an Inspector General under paragraph 
     (1), the Inspector General may issue the subpoena.
       ``(4) Notice to council and attorney general.--Upon 
     issuance of a subpoena by an Inspector General under 
     subsection (b), the Inspector General shall provide 
     contemporaneous notice of such issuance to the Chairperson or 
     a designee of the Chairperson and to the Attorney General.
       ``(f) Semiannual Reporting.--On or before May 31, 2022, and 
     every 6 months thereafter, the Council of the Inspectors 
     General on Integrity and Efficiency shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on Oversight and Reform of the 
     House of Representatives, and the Comptroller General of the 
     United States a report on the use of subpoenas described in 
     subsection (b) in any audit, inspection, evaluation, or 
     investigation that concluded during the immediately preceding 
     6-month periods ending March 31 and September 30, which shall 
     include--
       ``(1) a list of each Inspector General that has submitted a 
     request for approval of a subpoena to the Subpoena Panel;
       ``(2) for each applicable Inspector General, the number of 
     subpoenas submitted to the Subpoena Panel, approved by the 
     Subpoena Panel, and disapproved by the Subpoena Panel;
       ``(3) for each subpoena submitted to the Subpoena Panel for 
     approval--
       ``(A) an anonymized description of the individual or 
     organization to whom the subpoena was directed;
       ``(B) the date on which the subpoena request was sent to 
     the Attorney General, the date on which the Attorney General 
     responded, and whether the Attorney General provided 
     information regarding the subpoena request, including whether 
     the Attorney General opposed issuance of the proposed 
     subpoena;
       ``(C) the members of the Subpoena Panel considering the 
     subpoena;
       ``(D) the date on which the subpoena request was sent to 
     the Subpoena Panel, the date on which the Subpoena Panel 
     approved or disapproved the subpoena request, and the 
     decision of the Subpoena Panel; and
       ``(E) the date on which the subpoena was issued, if 
     approved; and
       ``(4) any other information the Council of the Inspectors 
     General on Integrity and Efficiency considers appropriate to 
     include.
       ``(g) Training and Standards.--The Council of the 
     Inspectors General on Integrity and Efficiency, in 
     consultation with the Attorney General, shall promulgate 
     standards and provide training relating to the issuance of 
     subpoenas, conflicts of interest, and any other matter the 
     Council determines necessary to carry out this section.
       ``(h) Applicability.--The provisions of this section shall 
     not affect the exercise of authority by an Inspector General 
     of testimonial subpoena authority established under another 
     provision of law.
       ``(i) Termination.--The authorities provided under 
     subsection (b) shall terminate on January 1, 2027, provided 
     that this subsection shall not affect the enforceability of a 
     subpoena issued on or before December 31, 2026.'';
       (2) in section 5(a), as amended by section 903 of this 
     Act--
       (A) in paragraph (16)(B), as so redesignated, by striking 
     the period at the end and inserting ``; and''; and
       (B) by adding at the end the following:
       ``(17) a description of the use of subpoenas for the 
     attendance and testimony of certain witnesses authorized 
     under section 6A.''; and
       (3) in section 8G(g)(1), by inserting ``6A,'' before ``and 
     7''.

     SEC. 5143. REVIEW BY THE COMPTROLLER GENERAL.

       Not later than January 1, 2026, the Comptroller General of 
     the United States shall submit to the appropriate 
     congressional committees a report reviewing the use of 
     testimonial subpoena authority, which shall include--
       (1) a summary of the information included in the semiannual 
     reports to Congress under section 6A(f) of the Inspector 
     General Act of 1978 (5 U.S.C. App.), as added by this title, 
     including an analysis of any patterns and trends identified 
     in the use of the authority during the reporting period;
       (2) a review of subpoenas issued by inspectors general on 
     and after the date of enactment of this Act to evaluate 
     compliance with this Act by the respective inspector general, 
     the Subpoena Panel, and the Council of the Inspectors General 
     on Integrity and Efficiency; and
       (3) any additional analysis, evaluation, or recommendation 
     based on observations or information gathered by the 
     Comptroller General of the United States during the course of 
     the review.

      TITLE LV--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL

     SEC. 5151. SHORT TITLE.

       This title may be cited as the ``Inspector General Access 
     Act of 2021''.

     SEC. 5152. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.

       Section 8E of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2), by striking ``and paragraph (3)'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively; and
       (D) in paragraph (4), as redesignated, by striking 
     ``paragraph (4)'' and inserting ``paragraph (3)''; and
       (2) in subsection (d), by striking ``, except with respect 
     to allegations described in subsection (b)(3),''.

 TITLE LVI--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN 
                      STATUS OF INSPECTOR GENERAL

     SEC. 5161. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A 
                   CHANGE IN STATUS OF INSPECTOR GENERAL.

       Section 5 of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended by inserting after subsection (e), as added 
     by section 5135 of this division, the following:
       ``(f) Not later than 15 days after an Inspector General is 
     removed, placed on paid or unpaid non-duty status, or 
     transferred to another position or location within an 
     establishment, the officer or employee performing the 
     functions and duties of the Inspector General temporarily in 
     an acting capacity shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Reform of the House of 
     Representatives information regarding work being conducted by 
     the Office as of the date on which the Inspector General was 
     removed, placed on paid or unpaid non-duty status, or 
     transferred, which shall include--
       ``(1) for each investigation--
       ``(A) the type of alleged offense;
       ``(B) the fiscal quarter in which the Office initiated the 
     investigation;
       ``(C) the relevant Federal agency, including the relevant 
     component of that Federal agency for any Federal agency 
     listed in section 901(b) of title 31, United States Code, 
     under investigation or affiliated with the individual or 
     entity under investigation; and
       ``(D) whether the investigation is administrative, civil, 
     criminal, or a combination thereof, if known; and
       ``(2) for any work not described in paragraph (1)--
       ``(A) a description of the subject matter and scope;
       ``(B) the relevant agency, including the relevant component 
     of that Federal agency, under review;
       ``(C) the date on which the Office initiated the work; and
       ``(D) the expected time frame for completion.''.

[[Page S8397]]

  


    TITLE LVII--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND 
                   EFFICIENCY REPORT ON EXPENDITURES

     SEC. 5171. CIGIE REPORT ON EXPENDITURES.

       Section 11(c)(3) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by adding at the end the following:
       ``(D) Report on expenditures.--Not later than November 30 
     of each year, the Chairperson shall submit to the appropriate 
     committees or subcommittees of Congress, including the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives, a report 
     on the expenditures of the Council for the preceding fiscal 
     year, including from direct appropriations to the Council, 
     interagency funding pursuant to subparagraph (A), a revolving 
     fund pursuant to subparagraph (B), or any other source.''.

  TITLE LVIII--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS

     SEC. 5181. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR 
                   ASSISTANCE TO INSPECTORS GENERAL.

       Section 6(c) of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended by adding at the end the following:
       ``(3) If the information or assistance that is the subject 
     of a report under paragraph (2) is not provided to the 
     Inspector General by the date that is 30 days after the 
     report is made, the Inspector General shall submit a notice 
     that the information or assistance requested has not been 
     provided by the head of the establishment involved or the 
     head of the Federal agency involved, as applicable, to the 
     appropriate congressional committees.''.

 TITLE LIX--TRAINING RESOURCES FOR INSPECTORS GENERAL AND OTHER MATTERS

     SEC. 5191. TRAINING RESOURCES FOR INSPECTORS GENERAL.

        Section 11(c)(1) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--
       (1) by redesignating subparagraphs (E) through (I) as 
     subparagraphs (F) through (J), respectively; and
       (2) by inserting after subparagraph (D) the following:
       ``(E) support the professional development of Inspectors 
     General, including by providing training opportunities on the 
     duties, responsibilities, and authorities under this Act and 
     on topics relevant to Inspectors General and the work of 
     Inspectors General, as identified by Inspectors General and 
     the Council.''.

     SEC. 5192. DEFINITION OF APPROPRIATE CONGRESSIONAL 
                   COMMITTEES.

       The Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) in section 5--
       (A) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``committees or subcommittees of the 
     Congress'' and inserting ``congressional committees''; and
       (B) in subsection (d), by striking ``committees or 
     subcommittees of Congress'' and inserting ``congressional 
     committees'';
       (2) in section 6(h)(4)--
       (A) in subparagraph (B), by striking ``Government''; and
       (B) by amending subparagraph (C) to read as follows:
       ``(C) Any other relevant congressional committee or 
     subcommittee of jurisdiction.'';
       (3) in section 8--
       (A) in subsection (b)--
       (i) in paragraph (3), by striking ``the Committees on Armed 
     Services and Governmental Affairs of the Senate and the 
     Committee on Armed Services and the Committee on Government 
     Reform and Oversight of the House of Representatives and to 
     other appropriate committees or subcommittees of the 
     Congress'' and inserting ``the appropriate congressional 
     committees, including the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives''; and
       (ii) in paragraph (4), by striking ``and to other 
     appropriate committees or subcommittees''; and
       (B) in subsection (f)--
       (i) in paragraph (1), by striking ``the Committees on Armed 
     Services and on Homeland Security and Governmental Affairs of 
     the Senate and the Committees on Armed Services and on 
     Oversight and Government Reform of the House of 
     Representatives and to other appropriate committees or 
     subcommittees of Congress'' and inserting ``the appropriate 
     congressional committees, including the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives''; and
       (ii) in paragraph (2), by striking ``committees or 
     subcommittees of the Congress'' and inserting ``congressional 
     committees'';
       (4) in section 8D--
       (A) in subsection (a)(3), by striking ``Committees on 
     Governmental Affairs and Finance of the Senate and the 
     Committees on Government Operations and Ways and Means of the 
     House of Representatives, and to other appropriate committees 
     or subcommittees of the Congress'' and inserting 
     ``appropriate congressional committees, including the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives''; and
       (B) in subsection (g)--
       (i) in paragraph (1)--

       (I) by striking ``committees or subcommittees of the 
     Congress'' and inserting ``congressional committees''; and
       (II) by striking ``Committees on Governmental Affairs and 
     Finance of the Senate and the Committees on Government Reform 
     and Oversight and Ways and Means of the House of 
     Representatives'' and inserting ``Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives''; and

       (ii) in paragraph (2), by striking ``committees or 
     subcommittees of Congress'' and inserting ``congressional 
     committees'';
       (5) in section 8E--
       (A) in subsection (a)(3), by striking ``Committees on 
     Governmental Affairs and Judiciary of the Senate and the 
     Committees on Government Operations and Judiciary of the 
     House of Representatives, and to other appropriate committees 
     or subcommittees of the Congress'' and inserting 
     ``appropriate congressional committees, including the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives''; and
       (B) in subsection (c)--
       (i) by striking ``committees or subcommittees of the 
     Congress'' and inserting ``congressional committees''; and
       (ii) by striking ``Committees on the Judiciary and 
     Governmental Affairs of the Senate and the Committees on the 
     Judiciary and Government Operations of the House of 
     Representatives'' and inserting ``Committee on the Judiciary 
     of the Senate and the Committee on the Judiciary of the House 
     of Representatives'';
       (6) in section 8G--
       (A) in subsection (d)(2)(E), in the matter preceding clause 
     (i), by inserting ``the appropriate congressional committees, 
     including'' after ``are''; and
       (B) in subsection (f)(3)--
       (i) in subparagraph (A)(iii), by striking ``Committee on 
     Governmental Affairs of the Senate and the Committee on 
     Government Reform and Oversight of the House of 
     Representatives, and to other appropriate committees or 
     subcommittees of the Congress'' and inserting ``the 
     appropriate congressional committees''; and
       (ii) by striking subparagraph (C);
       (7) in section 8I--
       (A) in subsection (a)(3), in the matter preceding 
     subparagraph (A), by striking ``committees and subcommittees 
     of Congress'' and inserting ``congressional committees''; and
       (B) in subsection (d), by striking ``committees and 
     subcommittees of Congress'' each place it appears and 
     inserting ``congressional committees'';
       (8) in section 8N(b), by striking ``committees of 
     Congress'' and inserting ``congressional committees'';
       (9) in section 11--
       (A) in subsection (b)(3)(B)(viii)--
       (i) by striking subclauses (III) and (IV);
       (ii) in subclause (I), by adding ``and'' at the end; and
       (iii) by amending subclause (II) to read as follows:

       ``(II) the appropriate congressional committees.''; and

       (B) in subsection (d)(8)(A)(iii), by striking ``to the'' 
     and all that follows through ``jurisdiction'' and inserting 
     ``to the appropriate congressional committees''; and
       (10) in section 12--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(6) the term `appropriate congressional committees' 
     means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Oversight and Reform of the House of 
     Representatives; and
       ``(C) any other relevant congressional committee or 
     subcommittee of jurisdiction.''.

     SEC. 5193. SEMIANNUAL REPORTS.

       The Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) in section 4(a)(2)--
       (A) by inserting ``, including'' after ``to make 
     recommendations''; and
       (B) by inserting a comma after ``section 5(a)'';
       (2) in section 5--
       (A) in subsection (a)--
       (i) by striking paragraphs (1) through (12) and inserting 
     the following:
       ``(1) a description of significant problems, abuses, and 
     deficiencies relating to the administration of programs and 
     operations of the establishment and associated reports and 
     recommendations for corrective action made by the Office;
       ``(2) an identification of each recommendation made before 
     the reporting period, for which corrective action has not 
     been completed, including the potential costs savings 
     associated with the recommendation;
       ``(3) a summary of significant investigations closed during 
     the reporting period;
       ``(4) an identification of the total number of convictions 
     during the reporting period resulting from investigations;
       ``(5) information regarding each audit, inspection, or 
     evaluation report issued during the reporting period, 
     including--
       ``(A) a listing of each audit, inspection, or evaluation;
       ``(B) if applicable, the total dollar value of questioned 
     costs (including a separate category for the dollar value of 
     unsupported costs) and the dollar value of recommendations 
     that funds be put to better use, including whether a 
     management decision had been made by the end of the reporting 
     period;
       ``(6) information regarding any management decision made 
     during the reporting period with respect to any audit, 
     inspection, or evaluation issued during a previous reporting 
     period;'';

[[Page S8398]]

       (ii) by redesignating paragraphs (13) through (22) as 
     paragraphs (7) through (16), respectively;
       (iii) by amending paragraph (13), as so redesignated, to 
     read as follows:
       ``(13) a report on each investigation conducted by the 
     Office where allegations of misconduct were substantiated, 
     including the name of the senior Government employee, if 
     already made public by the Office, and a detailed description 
     of--
       ``(A) the facts and circumstances of the investigation; and
       ``(B) the status and disposition of the matter, including--
       ``(i) if the matter was referred to the Department of 
     Justice, the date of the referral; and
       ``(ii) if the Department of Justice declined the referral, 
     the date of the declination;''; and
       (iv) in paragraph (15), as so redesignated, by striking 
     subparagraphs (A) and (B) and inserting the following:
       ``(A) any attempt by the establishment to interfere with 
     the independence of the Office, including--
       ``(i) with budget constraints designed to limit the 
     capabilities of the Office; and
       ``(ii) incidents where the establishment has resisted or 
     objected to oversight activities of the Office or restricted 
     or significantly delayed access to information, including the 
     justification of the establishment for such action; and
       ``(B) a summary of each report made to the head of the 
     establishment under section 6(c)(2) during the reporting 
     period;''; and
       (B) in subsection (b)--
       (i) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) where final action on audit, inspection, and 
     evaluation reports had not been taken before the commencement 
     of the reporting period, statistical tables showing--
       ``(A) with respect to management decisions--
       ``(i) for each report, whether a management decision was 
     made during the reporting period;
       ``(ii) if a management decision was made during the 
     reporting period, the dollar value of disallowed costs and 
     funds to be put to better use as agreed to in the management 
     decision; and
       ``(iii) total number of reports where a management decision 
     was made during the reporting period and the total 
     corresponding dollar value of disallowed costs and funds to 
     be put to better use as agreed to in the management decision; 
     and
       ``(B) with respect to final actions--
       ``(i) whether, if a management decision was made before the 
     end of the reporting period, final action was taken during 
     the reporting period;
       ``(ii) if final action was taken, the dollar value of--

       ``(I) disallowed costs that were recovered by management 
     through collection, offset, property in lieu of cash, or 
     otherwise;
       ``(II) disallowed costs that were written off by 
     management;
       ``(III) disallowed costs and funds to be put to better use 
     not yet recovered or written off by management;
       ``(IV) recommendations that were completed; and
       ``(V) recommendations that management has subsequently 
     concluded should not or could not be implemented or 
     completed; and

       ``(iii) total number of reports where final action was not 
     taken and total number of reports where final action was 
     taken, including the total corresponding dollar value of 
     disallowed costs and funds to be put to better use as agreed 
     to in the management decisions;'';
       (ii) by redesignating paragraph (4) as paragraph (3);
       (iii) in paragraph (3), as so redesignated, by striking 
     ``subsection (a)(20)(A)'' and inserting ``subsection 
     (a)(14)(A)''; and
       (iv) by striking paragraph (5) and inserting the following:
       ``(4) a statement explaining why final action has not been 
     taken with respect to each audit, inspection, and evaluation 
     report in which a management decision has been made but final 
     action has not yet been taken, except that such statement--
       ``(A) may exclude reports if--
       ``(i) a management decision was made within the preceding 
     year; or
       ``(ii) the report is under formal administrative or 
     judicial appeal or management of the establishment has agreed 
     to pursue a legislative solution; and
       ``(B) shall identify the number of reports in each category 
     so excluded.'';
       (C) by redesignating subsection (h), as so redesignated by 
     section 305, as subsection (i); and
       (D) by inserting after subsection (g), as so redesignated 
     by section 305, the following:
       ``(h) If an Office has published any portion of the report 
     or information required under subsection (a) to the website 
     of the Office or on oversight.gov, the Office may elect to 
     provide links to the relevant webpage or website in the 
     report of the Office under subsection (a) in lieu of 
     including the information in that report.''.

     SEC. 5194. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY 
                   NON-GOVERNMENTAL ORGANIZATIONS OR BUSINESS 
                   ENTITIES.

       (a) In General.--Section 5(g) of the Inspector General Act 
     of 1978 (5 U.S.C. App.), as so redesignated by section 5135 
     of this division, is amended by adding at the end the 
     following:
       ``(6)(A) Except as provided in subparagraph (B), if an 
     audit, evaluation, inspection, or other non-investigative 
     report prepared by an Inspector General specifically 
     identifies a specific non-governmental organization or 
     business entity, whether or not the non-governmental 
     organization or business entity is the subject of that audit, 
     evaluation, inspection, or non-investigative report--
       ``(i) the Inspector General shall notify the non-
     governmental organization or business entity;
       ``(ii) the non-governmental organization or business entity 
     shall have--
       ``(I) 30 days to review the audit, evaluation, inspection, 
     or non-investigative report beginning on the date of 
     publication of the audit, evaluation, inspection, or non-
     investigative report; and
       ``(II) the opportunity to submit a written response for the 
     purpose of clarifying or providing additional context as it 
     directly relates to each instance wherein an audit, 
     evaluation, inspection, or non-investigative report 
     specifically identifies that non-governmental organization or 
     business entity; and
       ``(iii) if a written response is submitted under clause 
     (ii)(II) within the 30-day period described in clause 
     (ii)(I)--
       ``(I) the written response shall be attached to the audit, 
     evaluation, inspection, or non-investigative report; and
       ``(II) in every instance where the report may appear on the 
     public-facing website of the Inspector General, the website 
     shall be updated in order to access a version of the audit, 
     evaluation, inspection, or non-investigative report that 
     includes the written response.
       ``(B) Subparagraph (A) shall not apply with respect to a 
     non-governmental organization or business entity that refused 
     to provide information or assistance sought by an Inspector 
     General during the creation of the audit, evaluation, 
     inspection, or non-investigative report.
       ``(C) An Inspector General shall review any written 
     response received under subparagraph (A) for the purpose of 
     preventing the improper disclosure of classified information 
     or other non-public information, consistent with applicable 
     laws, rules, and regulations, and, if necessary, redact such 
     information.''.
       (b) Retroactive Applicability.--During the 30-day period 
     beginning on the date of enactment of this Act--
       (1) the amendment made by subsection (a) shall apply upon 
     the request of a non-governmental organization or business 
     entity named in an audit, evaluation, inspection, or other 
     non-investigative report prepared on or after January 1, 
     2019; and
       (2) any written response submitted under clause (iii) of 
     section 5(g)(6)(A)of the Inspector General Act of 1978 (5 
     U.S.C. App.), as added by subsection (a), with respect to 
     such an audit, evaluation, inspection, or other non-
     investigative report shall attach to the original report in 
     the manner described in that clause.

     SEC. 5195. REVIEW RELATING TO VETTING, PROCESSING, AND 
                   RESETTLEMENT OF EVACUEES FROM AFGHANISTAN AND 
                   THE AFGHANISTAN SPECIAL IMMIGRANT VISA PROGRAM.

       (a) In General.--In accordance with the Inspector General 
     Act of 1978 (5 U.S.C. App.), the Inspector General of the 
     Department of Homeland Security, jointly with the Inspector 
     General of the Department of State, and in coordination with 
     any appropriate inspector general established by that Act or 
     section 103H of the National Security Act of 1947 (50 U.S.C. 
     3033), shall conduct a thorough review of efforts to support 
     and process evacuees from Afghanistan and the Afghanistan 
     special immigrant visa program.
       (b) Elements.--The review required by subsection (a) shall 
     include an assessment of the systems, staffing, policies, and 
     programs used--
       (1) to the screen and vet such evacuees, including--
       (A) an assessment of whether personnel conducting such 
     screening and vetting were appropriately authorized and 
     provided with training, including training in the detection 
     of fraudulent personal identification documents;
       (B) an analysis of the degree to which such screening and 
     vetting deviated from United States law, regulations, policy, 
     and best practices relating to--
       (i) the screening and vetting of parolees, refugees, and 
     applicants for United States visas that have been in use at 
     any time since January 1, 2016, particularly for individuals 
     from countries with active terrorist organizations; and
       (ii) the screening and vetting of parolees, refugees, and 
     applicants for United States visas pursuant to any mass 
     evacuation effort since 1975, particularly for individuals 
     from countries with active terrorist organizations;
       (C) an identification of any risk to the national security 
     of the United States posed by any such deviations;
       (D) an analysis of the processes used for evacuees 
     traveling without personal identification records, including 
     the creation or provision of any new identification records 
     to such evacuees; and
       (E) an analysis of the degree to which such screening and 
     vetting process was capable of detecting--
       (i) instances of human trafficking and domestic abuse;
       (ii) evacuees who are unaccompanied minors; and
       (iii) evacuees with a spouse that is a minor;

[[Page S8399]]

       (2) to admit and process such evacuees at United States 
     ports of entry;
       (3) to temporarily house such evacuees prior to 
     resettlement;
       (4) to account for the total number of individual evacuated 
     from Afghanistan in 2021 with support of the United States 
     Government, disaggregated by--
       (A) country of origin;
       (B) age;
       (C) gender;
       (D) eligibility for special immigrant visas under the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) or section 1059 of the National Defense 
     Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note; 
     Public Law 109-163) at the time of evacuation;
       (E) eligibility for employment-based nonimmigrant visas at 
     the time of evacuation; and
       (F) familial relationship to evacuees who are eligible for 
     visas described in subparagraphs (D) and (E); and
       (5) to provide eligible individuals with special immigrant 
     visas under the Afghan Allies Protection Act of 2009 (8 
     U.S.C. 1101 note; Public Law 111-8) and section 1059 of the 
     National Defense Authorization Act for Fiscal Year 2006 (8 
     U.S.C. 1101 note; Public Law 109-163) since the date of the 
     enactment of the Afghan Allies Protection Act of 2009 (8 
     U.S.C. 1101 note; Public Law 111-8), including--
       (A) a detailed step-by-step description of the application 
     process for such special immigrant visas, including the 
     number of days allotted by the United States Government for 
     the completion of each step;
       (B) the number of such special immigrant visa applications 
     received, approved, and denied, disaggregated by fiscal year;
       (C) the number of such special immigrant visas issued, as 
     compared to the number available under law, disaggregated by 
     fiscal year;
       (D) an assessment of the average length of time taken to 
     process an application for such a special immigrant visa, 
     beginning on the date of submission of the application and 
     ending on the date of final disposition, disaggregated by 
     fiscal year;
       (E) an accounting of the number of applications for such 
     special immigrant visas that remained pending at the end of 
     each fiscal year;
       (F) an accounting of the number of interviews of applicants 
     for such special immigrant visas conducted during each fiscal 
     year;
       (G) the number of noncitizens who were admitted to the 
     United States pursuant to such a special immigrant visa 
     during each fiscal year;
       (H) an assessment of the extent to which each participating 
     department or agency of the United States Government, 
     including the Department of State and the Department of 
     Homeland Security, adjusted processing practices and 
     procedures for such special immigrant visas so as to vet 
     applicants and expand processing capacity since the February 
     29, 2020, Doha Agreement between the United States and the 
     Taliban;
       (I) a list of specific steps, if any, taken between 
     February 29, 2020, and August 31, 2021--
       (i) to streamline the processing of applications for such 
     special immigrant visas; and
       (ii) to address longstanding bureaucratic hurdles while 
     improving security protocols;
       (J) a description of the degree to which the Secretary of 
     State implemented recommendations made by the Department of 
     State Office of Inspector General in its June 2020 reports on 
     Review of the Afghan Special Immigrant Visa Program (AUD-
     MERO-20-35) and Management Assistance Report: Quarterly 
     Reporting on Afghan Special Immigrant Visa Program Needs 
     Improvement (AUD-MERO-20-34);
       (K) an assessment of the extent to which challenges in 
     verifying applicants' employment with the Department of 
     Defense contributed to delays in the processing of such 
     special immigrant visas, and an accounting of the specific 
     steps taken since February 29, 2020, to address issues 
     surrounding employment verification; and
       (L) recommendations to strengthen and streamline such 
     special immigrant visa process going forward.
       (c) Interim Reporting.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Department of Homeland Security and the Inspector General of 
     the Department of State shall submit to the appropriate 
     congressional committees not fewer than one interim report on 
     the review conducted under this section.
       (2) Form.--Any report submitted under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (3) Definitions.--In this subsection:
       (A) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given the term in section 12 of the Inspector General Act of 
     1978 (5 U.S.C. App.), as amended by this Act.
       (B) Screen; screening.--The terms ``screen'' and 
     ``screening'', with respect to an evacuee, mean the process 
     by which a Federal official determines--
       (i) the identity of the evacuee;
       (ii) whether the evacuee has a valid identification 
     documentation; and
       (iii) whether any database of the United States Government 
     contains derogatory information about the evacuee.
       (C) Vet; vetting.--The term ``vet'' and ``vetting'', with 
     respect to an evacuee, means the process by which a Federal 
     official interviews the evacuee to determine whether the 
     evacuee is who they purport to be, including whether the 
     evacuee poses a national security risk.
       (d) Discharge of Responsibilities.--The Inspector General 
     of the Department of Homeland Security and the Inspector 
     General of the Department of State shall discharge the 
     responsibilities under this section in a manner consistent 
     with the authorities and requirements of the Inspector 
     General Act of 1978 (5 U.S.C. App.) and the authorities and 
     requirements applicable to the Inspector General of the 
     Department of Homeland Security and the Inspector General of 
     the Department of State under that Act.
       (e) Coordination.--Upon request of an Inspector General for 
     information or assistance under subsection (a), the head of 
     any Federal agency involved shall, insofar as is practicable 
     and not in contravention of any existing statutory 
     restriction or regulation of the Federal agency from which 
     the information is requested, furnish to such Inspector 
     General, or to an authorized designee, such information or 
     assistance.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to limit the ability of the Inspector General of 
     the Department of Homeland Security or the Inspector General 
     of the Department of State to enter into agreements to 
     conduct joint audits, inspections, or investigations in the 
     exercise of the oversight responsibilities of the Inspector 
     General of the Department of Homeland Security and the 
     Inspector General of the Department of State, in accordance 
     with the Inspector General Act of 1978 (5 U.S.C. App.), with 
     respect to oversight of the evacuation from Afghanistan, the 
     selection, vetting, and processing of applicants for special 
     immigrant visas and asylum, and any resettlement in the 
     United States of such evacuees.
                                 ______
                                 
  SA 4781. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1237. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD 
                   STREAM 2.

       (a) In General.--Not later than 15 days after the date of 
     the enactment of this Act, the President shall--
       (1) impose sanctions under subsection (b) with respect to 
     any corporate officer of an entity established for or 
     responsible for the planning, construction, or operation of 
     the Nord Stream 2 pipeline or a successor entity; and
       (2) impose sanctions under subsection (c) with respect to 
     any entity described in paragraph (1).
       (b) Ineligibility for Visas, Admission, or Parole of 
     Identified Persons and Corporate Officers.--
       (1) In general.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a)(1) is--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other entry documentation of 
     an alien described in subsection (a)(1) shall be revoked, 
     regardless of when such visa or other entry documentation is 
     or was issued.
       (ii) Immediate effect.--A revocation under clause (i) 
     shall--

       (I) take effect immediately; and
       (II) automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.

       (c) Blocking of Property of Identified Persons.--The 
     President shall exercise all powers granted to the President 
     by the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.) to the extent necessary to block and prohibit 
     all transactions in all property and interests in property of 
     an entity described in subsection (a)(1) 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.
       (d) Exceptions.--
       (1) Exception for intelligence, law enforcement, and 
     national security activities.--Sanctions under this section 
     shall not apply to any authorized intelligence, law 
     enforcement, or national security activities of the United 
     States.
       (2) Exception to comply with united nations headquarters 
     agreement.--Sanctions under this section 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

[[Page S8400]]

     March 19, 1967, or other applicable international 
     obligations.
       (3) Exception relating to importation of goods.--
       (A) In general.--Notwithstanding any other provision of 
     this section, the authorities and requirements to impose 
     sanctions under this section shall not include the authority 
     or a requirement to impose sanctions on the importation of 
     goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or man-made substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
       (e) 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 section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (f) Sunset.--The authority to impose sanctions under this 
     section shall terminate on the date that is 5 years after the 
     date of the enactment of this Act.
       (g) Definitions.--In this section:
       (1) Admission; admitted; alien.--The terms ``admission'' , 
     ``admitted'' , and ``alien'' have the meanings given those 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Appropriate congressional committees and leadership.--
     The term ``appropriate congressional committees and 
     leadership'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the majority and 
     minority leaders of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Speaker, the majority leader, and 
     the minority leader of the House of Representatives.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person within the United States.

     SEC. 1238. REPEAL OF NATIONAL INTEREST WAIVER UNDER 
                   PROTECTING EUROPE'S ENERGY SECURITY ACT OF 
                   2019.

       Section 7503 of the Protecting Europe's Energy Security Act 
     of 2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526 
     note) is amended--
       (1) in subsection (a)(1)(C), by striking ``subsection (i)'' 
     and inserting ``subsection (h)'';
       (2) by striking subsection (f);
       (3) by redesignating subsections (g) through (k) as 
     subsections (f) through (j), respectively; and
       (4) in subsection (i), as redesignated by paragraph (3), by 
     striking ``subsection (h)'' and inserting ``subsection (g)''.

     SEC. 1239. APPLICATION OF CONGRESSIONAL REVIEW UNDER 
                   COUNTERING AMERICA'S ADVERSARIES THROUGH 
                   SANCTIONS ACT TO TERMINATION OR REMOVAL OF 
                   SANCTIONS.

       (a) In General.--Section 216(a)(2)(B)(i) of the Countering 
     America's Adversaries Through Sanctions Act (22 U.S.C. 
     9511(a)(2)(B)(i)) is amended--
       (1) in subclause (II), by striking ``; or'' and inserting a 
     semicolon;
       (2) in subclause (III), by striking ``; and'' and inserting 
     a semicolon; and
       (3) by adding at the end the following:

       ``(IV) section 7503 of the Protecting Europe's Energy 
     Security Act of 2019 (title LXXV of Public Law 116-92; 22 
     U.S.C. 9526 note); or
       ``(V) section 1237 of the National Defense Authorization 
     Act for Fiscal Year 2022; and''.

       (b) Inclusion of Additional Matter in CAATSA Report.--Each 
     report submitted under section 216(a)(1) of the Countering 
     America's Adversaries Through Sanctions Act (22 U.S.C. 
     9511(a)(1)) with respect to the waiver or termination of, or 
     a licensing action with respect to, sanctions under section 
     1237 of this Act or section 7503 of the Protecting Europe's 
     Energy Security Act of 2019 (title LXXV of Public Law 116-92; 
     22 U.S.C. 9526 note) shall include--
       (1) an assessment of the security risks posed by Nord 
     Stream 2, including--
       (A) the presence along Nord Stream 2 or Nord Stream 1 
     infrastructure or pipeline corridors of undersea surveillance 
     systems and sensors, fiber optic terminals, or other systems 
     that are capable of conducting military or intelligence 
     activities unrelated to civilian energy transmission, 
     including those designed to enhance Russian Federation anti-
     submarine warfare, surveillance, espionage, or sabotage 
     capabilities;
       (B) the use of Nord Stream-affiliated infrastructure, 
     equipment, personnel, vessels, financing, or other assets--
       (i) to facilitate, carry out, or conceal Russian Federation 
     maritime surveillance, espionage, or sabotage activities;
       (ii) to justify the presence of Russian Federation naval 
     vessels or military personnel or equipment in international 
     waters or near North Atlantic Treaty Organization or partner 
     countries;
       (iii) to disrupt freedom of navigation; or
       (iv) to pressure or intimidate countries in the Baltic Sea;
       (C) the involvement in the Nord Stream 2 pipeline or its 
     affiliated entities of current or former Russian, Soviet, or 
     Warsaw Pact intelligence and military personnel and any 
     business dealings between Nord Stream 2 and entities 
     affiliated with the intelligence or defense sector of the 
     Russian Federation; and
       (D) malign influence activities of the Government of the 
     Russian Federation, including strategic corruption and 
     efforts to influence European decision-makers, supported or 
     financed through the Nord Stream 2 pipeline;
       (2) an assessment of whether the Russian Federation 
     maintains gas transit through Ukraine at levels consistent 
     with the volumes set forth in the Ukraine-Russian Federation 
     gas transit agreement of December 2019 and continues to pay 
     the transit fees specified in that agreement;
       (3) an assessment of the status of negotiations between the 
     Russian Federation and Ukraine to secure an agreement to 
     extend gas transit through Ukraine beyond the expiration of 
     the agreement described in paragraph (2); and
       (4) an assessment of whether the United States and Germany 
     have agreed on a common definition for energy 
     ``weaponization'' and the associated triggers for sanctions 
     and other enforcement actions, pursuant to the Joint 
     Statement of the United States and Germany on support for 
     Ukraine, European energy security, and our climate goals, 
     dated July 21, 2021; and
       (5) a description of the consultations with United States 
     allies and partners in Europe, including Ukraine, Poland, and 
     the countries in Central and Eastern Europe most impacted by 
     the Nord Stream 2 pipeline concerning the matters agreed to 
     as described in paragraph (4).
                                 ______
                                 
  SA 4782. Mr. CORNYN (for himself, Mr. Coons, Mr. Young, and Mr. 
Leahy) submitted an amendment intended to be proposed to amendment SA 
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1064. NATIONAL SECURITY EXCLUSION FOR ARTICLES OR 
                   COMPONENTS OF ARTICLES THAT CONTAIN, WERE 
                   PRODUCED USING, BENEFIT FROM, OR USE TRADE 
                   SECRETS MISAPPROPRIATED OR ACQUIRED THROUGH 
                   IMPROPER MEANS BY A FOREIGN AGENT OR FOREIGN 
                   INSTRUMENTALITY.

       (a) Short Title.--This section may be cited as the 
     ``Stopping and Excluding Commercial Ripoffs and Espionage 
     with U.S. Trade Secrets'' or the ``Secrets Act of 2021''.
       (b) National Security Exclusion.--Title III of the Tariff 
     Act of 1930 is amended by inserting after section 341 (19 
     U.S.C. 1341) the following:

     ``SEC. 342. NATIONAL SECURITY EXCLUSION FOR ARTICLES OR 
                   COMPONENTS OF ARTICLES THAT CONTAIN, WERE 
                   PRODUCED USING, BENEFIT FROM, OR USE TRADE 
                   SECRETS MISAPPROPRIATED OR ACQUIRED THROUGH 
                   IMPROPER MEANS BY A FOREIGN AGENT OR FOREIGN 
                   INSTRUMENTALITY.

       ``(a) In General.--Upon a determination under subsection 
     (c)(1), and subject to the procedures required under 
     subsection (d), the Commission shall direct the exclusion 
     from the United States of, on the basis of national security, 
     imports of articles that contain, were produced using, 
     benefit from, or use any trade secret acquired through 
     improper means or misappropriation by a foreign agent or 
     foreign instrumentality (in this section referred to as a 
     `covered article').
       ``(b) Interagency Committee on Trade Secrets.--
       ``(1) In general.--There is established an Interagency 
     Committee on Trade Secrets (in this section referred to as 
     the `Committee') to carry out the review and submission of 
     allegations under paragraph (5) and such other duties as the 
     President may designate as necessary to carry out this 
     section.
       ``(2) Membership.--
       ``(A) In general.--The Committee shall be comprised of the 
     following voting members (or the designee of any such 
     member):
       ``(i) The Secretary of the Treasury.
       ``(ii) The Secretary of Homeland Security.
       ``(iii) The Secretary of Commerce.
       ``(iv) The Attorney General.
       ``(v) The Intellectual Property Enforcement Coordinator.
       ``(vi) The United States Trade Representative.

[[Page S8401]]

       ``(vii) The head of such other Federal agency or other 
     executive office as the President determines appropriate, 
     generally or on a case-by-case basis.
       ``(B) Director of national intelligence.--
       ``(i) In general.--The Director of National Intelligence 
     shall serve as an ex officio, nonvoting member of the 
     Committee.
       ``(ii) Notice.--The Director of National Intelligence shall 
     be provided with all notices received by the Committee 
     regarding allegations under paragraph (5) but shall serve no 
     policy role on the Committee other than to provide analysis 
     unless serving on the Committee under subparagraph (A)(vii).
       ``(3) Chairperson.--The Attorney General shall serve as the 
     chairperson of the Committee.
       ``(4) Meetings.--The Committee shall meet upon the 
     direction of the President or upon the call of the 
     chairperson, without regard to section 552b of title 5, 
     United States Code (if otherwise applicable).
       ``(5) Unfair trade practice review.--The Committee--
       ``(A) shall review upon complaint under oath by the owner 
     of a trade secret or on its own initiative any allegations 
     that an article imported or to be imported into the United 
     States is a covered article; and
       ``(B) shall, if the Committee decides to proceed with those 
     allegations, submit to the Commission a report including 
     those allegations.
       ``(c) Ex Parte Preliminary Review, Investigation, and 
     Determination.--
       ``(1) Ex parte preliminary review.--Not later than 30 days 
     after receipt of an allegation contained in a report under 
     subsection (b)(5)(B) with respect to an article imported or 
     to be imported into the United States, the Commission shall 
     conduct a confidential, ex parte, preliminary review to 
     determine whether the article is more likely than not a 
     covered article.
       ``(2) Investigation.--
       ``(A) In general.--Not later than 150 days after an 
     affirmative determination under paragraph (1), the Commission 
     shall conduct an ex parte investigation, which may include a 
     hearing at the discretion of the Commission, to consider if 
     that determination should be extended under paragraph (3).
       ``(B) Analysis by director of national intelligence.--
       ``(i) In general.--As part of an investigation conducted 
     under subparagraph (A) with respect to an allegation 
     contained in a report under subsection (b)(5)(B), the 
     Director of National Intelligence, at the request of the 
     Commission, shall expeditiously carry out a thorough analysis 
     of the allegation and shall incorporate the views of 
     appropriate intelligence agencies with respect to the 
     allegation.
       ``(ii) Timing.--

       ``(I) Beginning of analysis.--The Director of National 
     Intelligence shall begin an analysis under clause (i) of an 
     allegation contained in a report under subsection (b)(5)(B) 
     before investigation by the Commission of the allegation 
     under subparagraph (A), in accordance with applicable law.
       ``(II) Submission of analysis.--Not later than 20 days 
     after the date on which the Commission begins an 
     investigation under subparagraph (A), the Director of 
     National Intelligence shall submit to the Commission the 
     analysis requested under clause (i).

       ``(iii) Supplementation or amendment.--Any analysis 
     submitted under clause (i) may be supplemented or amended as 
     the Director of National Intelligence considers necessary or 
     appropriate or upon request by the Commission for additional 
     information.
       ``(3) Extension, modification, or termination.--
       ``(A) In general.--The Commission, at its sole discretion, 
     may extend, modify, or terminate a determination under 
     paragraph (1) for good cause and as necessary and 
     appropriate, as determined by the Commission and based on the 
     findings of the investigation conducted under paragraph (2).
       ``(B) Reconsideration.--The Commission shall reconsider any 
     extension, modification, or termination under subparagraph 
     (A) of a determination under paragraph (1) upon request in 
     writing from the Committee.
       ``(4) Consideration.--In conducting a preliminary review 
     under paragraph (1) or an investigation under paragraph (2) 
     with respect to an article, the Commission may consider the 
     following:
       ``(A) If the article contains, was produced using, benefits 
     from, or uses any trade secret acquired through improper 
     means or misappropriation by a foreign agent or foreign 
     instrumentality.
       ``(B) The national security and policy interests of the 
     United States, as established by the Committee for purposes 
     of this section.
       ``(5) Disclosure of confidential information.--
       ``(A) In general.--Information submitted to the Commission 
     or exchanged among the interested persons in connection with 
     a preliminary review under paragraph (1) or an investigation 
     under paragraph (2), including by the owner of the trade 
     secret with respect to which the review or investigation is 
     connected, may not be disclosed (except under a protective 
     order issued under regulations of the Commission that 
     authorizes limited disclosure of such information) to any 
     person other than a person described in subparagraph (B).
       ``(B) Exception.--Notwithstanding the prohibition under 
     subparagraph (A), information described in that subparagraph 
     may be disclosed to--
       ``(i) an officer or employee of the Commission who is 
     directly concerned with--

       ``(I) carrying out the preliminary review, investigation, 
     or related proceeding in connection with which the 
     information is submitted;
       ``(II) the administration or enforcement of a national 
     security exclusion order issued under subsection (d);
       ``(III) a proceeding for the modification or rescission of 
     a national security exclusion order issued under subsection 
     (d); or
       ``(IV) maintaining the administrative record of the 
     preliminary review, investigation, or related proceeding;

       ``(ii) an officer or employee of the United States 
     Government who is directly involved in the review under 
     subsection (d)(2); or
       ``(iii) an officer or employee of U.S. Customs and Border 
     Protection who is directly involved in administering an 
     exclusion from entry under subsection (d) resulting from the 
     preliminary review, investigation, or related proceeding in 
     connection with which the information is submitted.
       ``(6) Publication of results.--Not later than 30 days after 
     a determination under paragraph (1) or an extension under 
     paragraph (3), the Commission shall publish notice of the 
     determination or extension, as the case may be, in the 
     Federal Register.
       ``(7) Designation of lead agency from committee.--
       ``(A) In general.--The Attorney General shall designate, as 
     appropriate, a Federal agency or agencies represented on the 
     Committee to be the lead agency or agencies on behalf of the 
     Committee for each action under paragraphs (1) through (3).
       ``(B) Duties.--The duties of the lead agency or agencies 
     designated under subparagraph (A), with respect to an action 
     under paragraphs (1) through (3), shall include assisting in 
     the action and coordinating activity between the Committee 
     and the Commission.
       ``(8) Consultation.--
       ``(A) In general.--In conducting an action under paragraphs 
     (1) through (3), the Commission shall consult with the heads 
     of such other Federal agencies (or their designees) as the 
     Commission determines appropriate on the basis of the facts 
     and circumstances of the action.
       ``(B) Cooperation.--The heads of Federal agencies consulted 
     under subparagraph (A) for an action, and the agency or 
     agencies designated under paragraph (7)(A), shall cooperate 
     with the Commission in conducting the action, including by--
       ``(i) producing documents and witnesses for testimony; and
       ``(ii) assisting with any complaint or report or any 
     analysis by the Committee.
       ``(9) Interaction with intelligence community.--The 
     Director of National Intelligence shall ensure that the 
     intelligence community (as defined in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003)) remains 
     engaged during the course of any action conducted under 
     paragraphs (1) through (3).
       ``(10) Rule of construction regarding submission of 
     additional information.--Nothing in this subsection shall be 
     construed as prohibiting any interested person to an 
     allegation described in subsection (b)(5) from submitting 
     additional information concerning the allegation while an 
     action under paragraphs (1) through (3) with respect to the 
     allegation is ongoing.
       ``(d) Procedures for National Security Exclusion.--
       ``(1) In general.--If the Commission determines under 
     subsection (c)(1) that it is more likely than not that an 
     article to be imported into the United States is a covered 
     article, not later than 30 days after receipt of the 
     allegation described in that subsection with respect to that 
     determination, the Commission shall--
       ``(A) issue an order directing that the article concerned 
     be excluded from entry into the United States under 
     subsection (a); and
       ``(B) notify the President of that determination.
       ``(2) Presidential review.--If, before the end of the 30-
     day period beginning on the day after the date on which the 
     President is notified under paragraph (1)(B) of the 
     determination of the Commission under subsection (c)(1), the 
     President disapproves of that determination and notifies the 
     Commission of that disapproval, effective on the date of that 
     notice, that determination shall have no force or effect.
       ``(3) Exclusion of covered articles.--
       ``(A) Notification.--Upon expiration of the 30-day period 
     described in paragraph (2), or notification from the 
     President of approval of the determination of the Commission 
     under subsection (c)(1) before the expiration of that period, 
     the Commission shall notify the Secretary of the Treasury and 
     the Secretary of Homeland Security of its action under 
     subsection (a) to direct the exclusion of covered articles 
     from entry.
       ``(B) Refusal of entry.--Upon receipt of notice under 
     subparagraph (A) regarding the exclusion of covered articles 
     from entry, the Secretary of the Treasury and the Secretary 
     of Homeland Security shall refuse the entry of those 
     articles.
       ``(4) Continuation in effect.--Any exclusion from entry of 
     covered articles under subsection (a) shall continue in 
     effect until the Commission--
       ``(A) determines that the conditions that led to such 
     exclusion from entry do not exist; and

[[Page S8402]]

       ``(B) notifies the Secretary of the Treasury and the 
     Secretary of Homeland Security of that determination.
       ``(5) Modification or rescission.--
       ``(A) In general.--An interested person may petition the 
     Commission for a modification or rescission of an exclusion 
     order issued under subsection (a) with respect to covered 
     articles only after an affirmative extension of the order is 
     issued under subsection (c)(3) in accordance with the 
     procedures under subsection (c)(2).
       ``(B) Revisitation of exclusion.--The Commission may modify 
     or rescind an exclusion order issued under subsection (a) at 
     any time at the discretion of the Commission.
       ``(C) Burden of proof.--The burden of proof in any 
     proceeding before the Commission regarding a petition made by 
     an interested person under subparagraph (A) shall be on the 
     interested person.
       ``(D) Relief.--A modification or rescission for which a 
     petition is made under subparagraph (A) may be granted by the 
     Commission--
       ``(i) on the basis of new evidence or evidence that could 
     not have been presented at the prior proceeding; or
       ``(ii) on grounds that would permit relief from a judgment 
     or order under the Federal Rules of Civil Procedure.
       ``(E) Evidentiary standard.--A modification or rescission 
     may be made under subparagraph (A) if the Commission 
     determines that there has been a clear and convincing showing 
     to the Commission from an interested person that such a 
     modification or rescission should be made.
       ``(e) Judicial Review.--
       ``(1) In general.--Any person adversely affected by a final 
     modification or rescission determination by the Commission 
     under subsection (d)(5) may appeal such determination only--
       ``(A) in the United States Court of Appeals for the Federal 
     Circuit; and
       ``(B) not later than 60 days after that determination has 
     become final.
       ``(2) No other judicial review.--Except as authorized under 
     paragraph (1), the determinations of the Commission under 
     this section and any exclusion from entry or delivery or 
     demand for redelivery in connection with the enforcement of 
     an order by the Commission under this section may not be 
     reviewed by any court, including for constitutional claims, 
     whether by action in the nature of mandamus or otherwise.
       ``(3) Procedures for review of privileged information.--If 
     an appeal is brought under paragraph (1) and the 
     administrative record contains classified or other 
     information subject to privilege or protections under law, 
     that information shall be submitted confidentially to the 
     court and the court shall maintain that information under 
     seal.
       ``(4) Applicability of use of information provisions.--The 
     use of information provisions of sections 106, 305, 405, and 
     706 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1806, 1825, 1845, and 1881e) shall not apply to an 
     appeal under paragraph (1).
       ``(f) Inapplicability of the Administrative Procedure 
     Act.--
       ``(1) In general.--The requirements of subchapter II of 
     chapter 5 of title 5, United States Code, shall not apply 
     to--
       ``(A) an action conducted by the Commission under 
     paragraphs (1) through (3) of subsection (c); or
       ``(B) the procedures for exclusion under paragraphs (4) and 
     (5) of subsection (d).
       ``(2) Adjudication.--Any adjudication under this section 
     shall not be subject to the requirements of sections 554, 
     556, and 557 of title 5, United States Code.
       ``(g) Freedom of Information Act Exception.--Section 552 of 
     title 5, United States Code (commonly referred to as the 
     `Freedom of Information Act'), shall not apply to the 
     activities conducted under this section.
       ``(h) Applicability to Certain Intelligence Activities.--
     Nothing in this section shall apply to authorized 
     intelligence activities of the United States.
       ``(i) Rule of Construction.--Nothing in this section shall 
     be construed to require or permit the disclosure of 
     classified information or information relating to 
     intelligence sources and methods to any party other than an 
     officer or employee of the United States Government who has 
     been appropriately cleared to receive that information.
       ``(j) Regulations.--The Commission may prescribe such 
     regulations as the Commission considers necessary and 
     appropriate to carry out this section.
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section.
       ``(l) Definitions.--In this section:
       ``(1) Article.--The term `article' includes any article or 
     component of an article.
       ``(2) Foreign agent; foreign instrumentality; improper 
     means; misappropriation; owner; trade secret.--The terms 
     `foreign agent', `foreign instrumentality', `improper means', 
     `misappropriation', `owner', and `trade secret' have the 
     meanings given those terms in section 1839 of title 18, 
     United States Code.
       ``(3) Interested person.--The term `interested person', 
     with respect to an allegation under subsection (b)(5), means 
     a person named in the allegation or otherwise identified by 
     the Commission as having a material interest with respect to 
     the allegation.''.
       (c) Clerical Amendment.--The table of contents for the 
     Tariff Act of 1930 is amended by inserting after the item 
     relating to section 341 the following:

``Sec. 342. National security exclusion for articles or components of 
              articles that contain, were produced using, benefit from, 
              or use trade secrets misappropriated or acquired through 
              improper means by a foreign agent or foreign 
              instrumentality.''.
       (d) Conforming Amendment.--Section 514(a)(4) of the Tariff 
     Act of 1930 (19 U.S.C. 1514(a)(4)) is amended by striking ``a 
     determination appealable under section 337 of this Act'' and 
     inserting ``in connection with the enforcement of an order of 
     the United States International Trade Commission issued under 
     section 337 or 342''.

                          ____________________