[Congressional Record Volume 168, Number 37 (Tuesday, March 1, 2022)]
[Senate]
[Pages S887-S891]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4934. Mr. MARSHALL (for himself and Mr. Scott of Florida) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3076, to provide stability to and enhance the services of the United 
States Postal Service, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of title II, add the following:

     SEC. 210. PROHIBITION ON MAILING COVID-19 TESTS MANUFACTURED 
                   IN CHINA UNDER FEDERAL PROGRAM TO DISTRIBUTE 
                   FREE TESTS.

        In carrying out the Federal program to distribute free at-
     home tests for SARS-CoV-2 announced on January 14, 2022, the 
     Postal Service shall treat any at-home test for SARS-CoV-2 
     that was manufactured, in whole or in part, in the People's 
     Republic of China as nonmailable matter under section 3001 of 
     title 39, United States Code.
                                 ______
                                 
  SA 4935. Mrs. HYDE-SMITH submitted an amendment intended to be 
proposed by her to the bill H.R. 3076, to provide stability to and 
enhance the services of the United States Postal Service, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                     TITLE IV--SAVE MOMS AND BABIES

     SEC. 401. ABORTION DRUGS PROHIBITED.

       (a) In General.--Section 505 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355) is amended by adding at the end 
     the following:
       ``(z) Abortion Drugs.--
       ``(1) Prohibitions.--The Secretary shall not approve--
       ``(A) any application submitted under subsection (b) or (j) 
     for marketing an abortion drug; or
       ``(B) grant an investigational use exemption under 
     subsection (i) for--
       ``(i) an abortion drug; or
       ``(ii) any investigation in which the human embryo or human 
     fetus of a woman known to be pregnant is knowingly destroyed.
       ``(2) Previously approved abortion drugs.--If an approval 
     described in paragraph (1) is in effect for an abortion drug 
     as of the date of enactment of this subsection, the Secretary 
     shall--
       ``(A) not approve any labeling change--
       ``(i) to approve the use of such abortion drug after 70 
     days gestation; or
       ``(ii) to approve the dispensing of such abortion drug by 
     any means other than in-person administration by the 
     prescribing health care practitioner;
       ``(B) treat such abortion drug as subject to section 
     503(b)(1); and
       ``(C) require such abortion drug to be subject to a risk 
     evaluation and mitigation strategy under section 505-1 that 
     at a minimum--
       ``(i) requires health care practitioners who prescribe such 
     abortion drug--

       ``(I) to be certified in accordance with the strategy; and
       ``(II) to not be acting in their capacity as a pharmacist;

       ``(ii) as part of the certification process referred to in 
     clause (i), requires such practitioners--

       ``(I) to have the ability to assess the duration of 
     pregnancy accurately;
       ``(II) to have the ability to diagnose ectopic pregnancies;
       ``(III) to have the ability to provide surgical 
     intervention in cases of incomplete abortion or severe 
     bleeding;
       ``(IV) to have the ability to ensure patient access to 
     medical facilities equipped to provide blood transfusions and 
     resuscitation, if necessary; and
       ``(V) to report any deaths or other adverse events 
     associated with the use of such abortion drug to the Food and 
     Drug Administration and to the manufacturer of such abortion 
     drug, identifying the patient by a non-identifiable reference 
     and the serial number from each package of such abortion 
     drug;

       ``(iii) limits the dispensing of such abortion drug to 
     patients--

[[Page S888]]

       ``(I) in a clinic, medical office, or hospital by means of 
     in-person administration by the prescribing health care 
     practitioner; and
       ``(II) not in pharmacies or any setting other than the 
     health care settings described in subclause (I);

       ``(iv) requires the prescribing health care practitioner to 
     give to the patient documentation on any risk of serious 
     complications associated with use of such abortion drug and 
     receive acknowledgment of such receipt from the patient;
       ``(v) requires all known adverse events associated with 
     such abortion drug to be reported, excluding any individually 
     identifiable patient information, to the Food and Drug 
     Administration by the--

       ``(I) manufacturers of such abortion drug; and
       ``(II) prescribers of such abortion drug; and

       ``(vi) requires reporting of administration of the abortion 
     drug as required by State law, or in the absence of a State 
     law regarding such reporting, in the same manner as a 
     surgical abortion.
       ``(3) Reporting on adverse events by other health care 
     practitioners.--The Secretary shall require all other health 
     care practitioners to report to the Food and Drug 
     Administration any adverse events experienced by their 
     patients that are connected to use of an abortion drug, 
     excluding any individually identifiable patient information.
       ``(4) Rule of construction.--Nothing in this section shall 
     be construed to restrict the authority of the Secretary, or 
     of a State, to establish, implement, and enforce requirements 
     and restrictions with respect to abortion drugs under 
     provisions of law other than this section that are in 
     addition to the requirements and restrictions under this 
     section.
       ``(5) Definitions.--In this section:
       ``(A) The term `abortion drug' means any drug, substance, 
     or combination of drugs or substances that is intended for 
     use or that is in fact used (irrespective of how the product 
     is labeled)--
       ``(i) to intentionally kill the unborn child of a woman 
     known to be pregnant; or
       ``(ii) to intentionally terminate the pregnancy of a woman 
     known to be pregnant, with an intention other than--

       ``(I) to produce a live birth; or
       ``(II) to remove a dead unborn child.

       ``(B) The term `adverse event' includes each of the 
     following:
       ``(i) A fatality.
       ``(ii) An ectopic pregnancy.
       ``(iii) A hospitalization.
       ``(iv) A blood loss requiring a transfusion.
       ``(v) An infection, including endometritis, pelvic 
     inflammatory disease, and pelvic infections with sepsis.
       ``(vi) A severe infection.
       ``(C) The term `gestation' means the period of days 
     beginning on the first day of the last menstrual period.
       ``(D) The term `health care practitioner' means any 
     individual who is licensed, registered, or otherwise 
     permitted, by the United States or the jurisdiction in which 
     the individual practices, to prescribe drugs subject to 
     section 503(b)(1).
       ``(E) The term `unborn child' means an individual organism 
     of the species homo sapiens, beginning at fertilization, 
     until the point of being born alive as defined in section 
     8(b) of title 1, United States Code.''.
       (b) Ongoing Investigational Use.--In the case of any 
     investigational use of a drug pursuant to an investigational 
     use exemption under section 505(i) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 355(i)) that was granted before 
     the date of enactment of this Act, such exemption is deemed 
     to be rescinded as of the day that is 3 years after the date 
     of enactment of this Act if the Secretary would be prohibited 
     by section 505(z)(1)(B) of the Federal Food, Drug, and 
     Cosmetic Act, as added by subsection (a), from granting such 
     exemption as of such day.
                                 ______
                                 
  SA 4936. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 55, strike line 5 and all that follows through 
     ``shall occur at least'' on line 11 and insert the following:

     SEC. 202. DISCLOSURE OF CERTAIN CONTRACTUAL PROVISIONS ON 
                   POSTAL SERVICE WEBSITE.

       (a) Service Contract Defined.--For the purposes of this 
     section, the term ``service contract'' means a contract 
     between the Postal Service and a private business entity 
     under which the Postal Service provides delivery services for 
     the delivery of the competitive products of the private 
     business entity.
       (b) Required Disclosure.--For any service contract, the 
     Postal Service shall disclose to the public on the website of 
     the Postal Service the service contract provisions, 
     including--
       (1) the rate to be paid for delivery services; and
       (2) the main terms of the contract.
       (c) Exception.--The disclosures required under subsection 
     (b) shall not be construed to require the Postal Service to 
     disclose to the public any information--
       (1) described in section 410(c) of title 39, United States 
     Code; or
       (2) exempt from public disclosure under section 552(b) of 
     title 5, United States Code.

     SEC. 203. INTEGRATED DELIVERY NETWORK.

       (a) In General.--Section 101(b) of title 39, United States 
     Code, is amended by inserting before ``The Postal Service'' 
     the following: ``The Postal Service shall deliver market-
     dominant and competitive products (as defined in chapter 36 
     of this title) at least
                                 ______
                                 
  SA 4937. Mr. LEE (for himself and Mr. Cotton) submitted an amendment 
intended to be proposed by him to the bill H.R. 3076, to provide 
stability to and enhance the services of the United States Postal 
Service, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title II, add the following:

     SEC. 210. PROHIBITION ON MAILING ABORTION-INDUCING DRUGS.

       (a) In General.--Section 3001 of title 39, United States 
     Code, is amended by adding at the end the following:
       ``(p) Abortion-inducing Drugs.--
       ``(1) In general.--An abortion-inducing drug is 
     nonmailable.
       ``(2) Definition.--For purposes of this subsection, the 
     term `abortion-inducing drug' means any drug, substance, or 
     combination of drugs or substances that is intended for use 
     or that is in fact used (irrespective of how the product is 
     labeled)--
       ``(A) to intentionally kill the unborn child of a woman 
     known to be pregnant; or
       ``(B) to intentionally terminate the pregnancy of a woman 
     known to be pregnant, with an intention other than--
       ``(i) to produce a live birth; or
       ``(ii) to remove a dead unborn child.''.
       (b) Rule of Construction.--The amendment made by subsection 
     (a) shall not be construed to limit or otherwise affect any 
     other provision of Federal, State, or local law that is in 
     addition to, or in furtherance of, the requirements and 
     restrictions under that amendment.
                                 ______
                                 
  SA 4938. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 210. STUDY AND REPORT ON LONG-TERM SUSTAINABILITY OF 
                   UNIVERSAL SERVICE OBLIGATION.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Postal Service, in consultation 
     with the Commission and the Comptroller General of the United 
     States, shall study and submit to Congress a report on the 
     long-term sustainability of the universal service obligation 
     (referred to in this section as the ``USO'') of the Postal 
     Service.
       (b) Contents.--The report under subsection (a) shall 
     include the following:
       (1) An analysis of how the Postal Service and the 
     Commission each interpret the legal definition and scope of 
     the USO, including--
       (A) any legal ambiguities regarding the scope of the USO; 
     and
       (B) any discrepancies between the interpretations of the 
     Postal Service and the Commission.
       (2) An analysis of how the legal definition of the USO 
     impacts the ability of the Postal Service to achieve a 
     financially sustainable business model.
       (3) Recommendations on proposed changes or clarifications 
     to the USO in order to achieve a financially sustainable 
     business model, including recommendations on--
       (A) the types of products that should minimally be covered 
     by the USO and the types of products that should not be 
     covered;
       (B) the form or forms of delivery that should be required 
     under the USO;
       (C) the appropriate standard for access to postal services 
     under the USO; and
       (D) the proposed geographic scope of the USO.
                                 ______
                                 
  SA 4939. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 210. DISCLOSURE OF CERTAIN CONTRACTUAL PROVISIONS ON 
                   POSTAL SERVICE WEBSITE.

       (a) Service Contract Defined.--For the purposes of this 
     section, the term ``service contract'' means a contract 
     between the Postal Service and a private business entity 
     under which the Postal Service provides delivery services for 
     the delivery of the competitive products of the private 
     business entity.
       (b) Required Disclosure.--For any service contract, the 
     Postal Service shall disclose to the public on the website of 
     the Postal Service the service contract provisions, 
     including--
       (1) the rate to be paid for delivery services; and
       (2) the main terms of the contract.
       (c) Exception.--The disclosures required under subsection 
     (b) shall not be construed to require the Postal Service to 
     disclose to the public any information--
       (1) described in section 410(c) of title 39, United States 
     Code; or
       (2) exempt from public disclosure under section 552(b) of 
     title 5, United States Code.

[[Page S889]]

  

                                 ______
                                 
  SA 4940. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 56, beginning on line 13, strike ``If the 
     Commission'' and all that follows through line 16 and insert 
     the following: ``The Postal Service shall provide the 
     Commission with all data necessary for the determination. If 
     the Commission determines, after notice and opportunity for 
     public comment, that revisions are appropriate, the 
     Commission shall make modifications or adopt alternative 
     methodologies as necessary. If the Commission determines, 
     after notice and opportunity for public comment, that 
     revisions are not appropriate, the Commission shall submit a 
     detailed report to Congress with the specific reasons that 
     revisions are not appropriate, including a detailed 
     assessment of how the regulations ensure that all direct and 
     indirect costs are attributed to each respective product.''.
                                 ______
                                 
  SA 4941. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 101.
                                 ______
                                 
  SA 4942. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 55, beginning on line 8, strike ``shall maintain'' 
     and all that follows through ``shall occur at least'' on line 
     11 and insert the following: ``shall deliver market-dominant 
     and competitive products (as defined in chapter 36 of this 
     title) at least''.
                                 ______
                                 
  SA 4943. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 202.
                                 ______
                                 
  SA 4944. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 55, beginning on line 11, strike ``Delivery'' and 
     all that follows through ``2022.'' on line 16 and insert the 
     following: ``Delivery of essential products shall occur at 
     least six days a week, except during weeks that include a 
     Federal holiday, in emergency situations, such as natural 
     disasters, or in geographic areas where the Postal Service 
     has established a policy of delivering mail fewer than six 
     days a week as of the date of enactment of the Postal Service 
     Reform Act of 2022. For the purposes of this subsection, the 
     term `essential product' means an item required in order to 
     sustain the health or life of an individual. Not later than 
     60 days after the date of enactment of the Postal Service 
     Reform Act of 2022, the Postal Regulatory Commission shall 
     conduct a rulemaking to specify the products that are 
     essential products.''.
                                 ______
                                 
  SA 4945. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 204.
                                 ______
                                 
  SA 4946. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 41, beginning on line 3, strike ``, except that'' 
     and all that follows through ``costs attributable'' on line 
     7.
                                 ______
                                 
  SA 4947. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 55, after line 22, insert the following:

     SEC. 203. MODE OF DELIVERY.

       (a) In General.--Section 101 of title 39, United States 
     Code, is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) The Postal Service shall determine the appropriate 
     mode of delivery for all products consistent with developing 
     and maintaining a financially sustainable business model that 
     takes into consideration the needs of customers.''.
       (b) Technical and Conforming Amendment.--Section 5001 of 
     title 39, United States Code, is amended by striking 
     ``section 101(e) and (f)'' and inserting ``subsections (e), 
     (f), and (g) of section 101''.
                                 ______
                                 
  SA 4948. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 104. ARBITRATION; LABOR DISPUTES.

       Section 1207(c)(2) of title 39, United States Code, is 
     amended--
       (1) by inserting ``(A)'' after ``(2)'';
       (2) by striking the last sentence and inserting ``The 
     arbitration board shall render a decision not later than 45 
     days after the date of its appointment.''; and
       (3) by adding at the end the following:
       ``(B) In rendering a decision under this paragraph, the 
     arbitration board shall consider the financial condition of 
     the Postal Service.''.
                                 ______
                                 
  SA 4949. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MILITARY ASSISTANCE FOR UKRAINE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the President should use the authorities vested in him by the 
     Constitution of the United States and the law, including 
     section 301 of title 3, United States Code, and sections 
     614(a)(3) and 652 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2364(a)(3), 2411), to provide immediate military 
     assistance to Ukraine, including defense articles and 
     services of the Department of Defense and military education 
     and training, to defend the territorial integrity of Ukraine.
       (b) Transfer of Defense Support Capabilities and Defense 
     Articles.--
       (1) Authority.--Notwithstanding any other provision of law, 
     the Secretary of Defense may immediately transfer to Ukraine 
     weapons, equipment, additional defense support capabilities, 
     and relevant defense articles that have been authorized, 
     procured, and contracted by, and are available to, the 
     Department of Defense, as necessary to defend the territorial 
     integrity of Ukraine against aggression and other malign 
     influence by the Russian Federation.
       (2) Inclusions.--The capabilities referred to in paragraph 
     (1) include the following:
       (A) Small arms, crew-served weapons, grenade launchers, and 
     ammunition previously allocated for provision to the Afghan 
     Security Forces under the Afghan Security Forces Fund.
       (B) Man-portable missiles and rockets in a ready-to-fire 
     configuration, including Dragon, FGM-148 Javelins with 
     command launch units, FIM-92 Stinger Missiles, and other 
     light antitank weapons (66mm), shoulder-launched multipurpose 
     assault weapon rockets (83mm), M136 (AT4) anti-armor 
     launchers, M141 Bunker Defeat Munitions, and cartridges 
     (84mm).
       (C) Night thermal vision devices, including fused panoramic 
     night vision goggles, squad binocular night vision goggles, 
     night vision and thermal and infrared sights for crew-served 
     weapons, binoculars, and rangefinders.
       (D) Unmanned aerial vehicles (tactical and armed) and crew-
     served weapons ammunition with low-light and infrared night 
     sights.
       (E) Secure, commercial off-the-shelf communications 
     capabilities, including handheld secure communications 
     devices.
       (F) Individual protective equipment.
       (G) Field rations.
       (H) Field medical kits.
                                 ______
                                 
  SA 4950. Mr. RUBIO (for himself and Mr. Scott of Florida) submitted 
an amendment intended to be proposed by him to the bill H.R. 3076, to 
provide stability to and enhance the services of the United States 
Postal Service, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title II, add the following:

     SEC. 210. ZIP CODES.

       Not later than 270 days after the date of enactment of this 
     Act, the Postal Service shall designate a single, unique ZIP 
     code for, as nearly as practicable, each of the following 
     communities:
       (1) Miami Lakes, Florida.
       (2) Flanders, Northampton, and Riverside in the Town of 
     Southampton, New York.
       (3) Ocoee, Florida.
       (4) Oakland, Florida.
       (5) Glendale, New York.
       (6) Village of Estero, Florida.
                                 ______
                                 
  SA 4951. Mr. BRAUN submitted an amendment intended to be proposed by

[[Page S890]]

him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 210. DONATIONS TO IMPROVE ACCESS TO POSTAL FACILITIES 
                   AND FOR THE RESTORATION OR MAINTENANCE OF ITEMS 
                   OF HISTORIC OR ARCHITECTURAL SIGNIFICANCE.

       (a) In General.--The Postal Service may accept gifts or 
     donations--
       (1) to improve access to facilities of the Postal Service; 
     or
       (2) for the purpose of restoration or maintenance of items 
     of historic or architectural significance, including murals 
     commissioned for United States post offices by the 
     Procurement Division of the Department of the Treasury during 
     the period from 1934 through 1943.
       (b) Amendments to Regulations.--The Postal Service shall 
     amend--
       (1) section 255.8 of title 39, Code of Federal Regulations, 
     to allow local postal managers to accept donations to local 
     post offices for discretionary alterations to improve local 
     post office facilities in a manner consistent with paragraph 
     (a)(2) of that section; and
       (2) section 777.51 of title 39, Code of Federal 
     Regulations, in accordance with subsection (a)(2) of this 
     section.
       (c) Discretionary Alterations.--For purposes of subsection 
     (b)(1), the term ``discretionary alteration'' includes a 
     modification to the grounds of a local post office to promote 
     accessibility.
                                 ______
                                 
  SA 4952. Mr. BRAUN submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 210. QUALIFICATIONS FOR CERTAIN GOVERNORS AND POSTMASTER 
                   GENERAL.

       (a) Governors.--Section 202(a)(1) of title 39, United 
     States Code, is amended by inserting after ``50,000 
     employees'' the following: ``and shall have significant 
     knowledge of and expertise in finance, management, and 
     business organization or operation''.
       (b) Postmaster General.--Section 202(c) of title 39, United 
     States Code, is amended--
       (1) by inserting ``(1)'' after ``(c)''; and
       (2) by adding at the end the following:
       ``(2) An individual appointed to serve as the Postmaster 
     General shall have--
       ``(A) demonstrated ability in managing organizations or 
     corporations that employ at least 50,000 employees; and
       ``(B) significant knowledge of and experience in finance, 
     management, and business organization or operation.''.
                                 ______
                                 
  SA 4953. Mr. PETERS (for himself and Mr. Portman) proposed an 
amendment to the bill S. 3600, to improve the cybersecurity of the 
Federal Government, and for other purposes; as follows:

       At the end of title I, add the following:

     SEC. 123. FEDERAL CYBERSECURITY REQUIREMENTS.

       (a) Exemption From Federal Requirements.--Section 225(b)(2) 
     of the Federal Cybersecurity Enhancement Act of 2015 (6 
     U.S.C. 1523(b)(2)) is amended to read as follows:
       ``(2) Exception.--
       ``(A) In general.--A particular requirement under paragraph 
     (1) shall not apply to an agency information system of an 
     agency if--
       ``(i) with respect to the agency information system, the 
     head of the agency submits to the Director an application for 
     an exemption from the particular requirement, in which the 
     head of the agency personally certifies to the Director with 
     particularity that--

       ``(I) operational requirements articulated in the 
     certification and related to the agency information system 
     would make it excessively burdensome to implement the 
     particular requirement;
       ``(II) the particular requirement is not necessary to 
     secure the agency information system or agency information 
     stored on or transiting the agency information system; and
       ``(III) the agency has taken all necessary steps to secure 
     the agency information system and agency information stored 
     on or transiting the agency information system;

       ``(ii) the head of the agency or the designee of the head 
     of the agency has submitted the certification described in 
     clause (i) to the appropriate congressional committees and 
     any other congressional committee with jurisdiction over the 
     agency; and
       ``(iii) the Director grants the exemption from the 
     particular requirement.
       ``(B) Duration of exemption.--
       ``(i) In general.--An exemption granted under subparagraph 
     (A) shall expire on the date that is 1 year after the date on 
     which the Director granted the exemption.
       ``(ii) Renewal.--Upon the expiration of an exemption 
     granted to an agency under subparagraph (A), the head of the 
     agency may apply for an additional exemption.''.
       (b) Report on Exemptions.--Section 3554(c)(1) of title 44, 
     United States Code, as amended by section 103(c) of this 
     title, is amended--
       (1) in subparagraph (C), 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) with respect to any exemption the Director of the 
     Office of Management and Budget has granted the agency under 
     section 225(b)(2) of the Federal Cybersecurity Enhancement 
     Act of 2015 (6 U.S.C. 1523(b)(2)) that is effective on the 
     date of submission of the report--
       ``(i) an identification of each particular requirement from 
     which any agency information system (as defined in section 
     2210 of the Homeland Security Act of 2002 (6 U.S.C. 660)) is 
     exempted; and
       ``(ii) for each requirement identified under clause (i)--

       ``(I) an identification of the agency information system 
     described in clause (i) exempted from the requirement; and
       ``(II) an estimate of the date on which the agency will to 
     be able to comply with the requirement.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 1 year after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 4954. Mr. PETERS (for Mr. Wicker) proposed an amendment to the 
bill S. 3600, to improve the cybersecurity of the Federal Government, 
and for other purposes; as follows:

       On page 18, strike line 10 and insert the following:
     ``agency.
       ``(o) Review of Office of Management and Budget Guidance 
     and Policy.--
       ``(1) Review.--
       ``(A) In general.--Not less frequently than once every 3 
     years, the Director, 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--
       ``(i) review the efficacy of the guidance and policy 
     developed by the Director under subsection (a)(1) in reducing 
     cybersecurity risks, including an assessment of the 
     requirements for agencies to report information to the 
     Director; and
       ``(ii) determine whether any changes to the guidance or 
     policy developed under subsection (a)(1) is appropriate.
       ``(B) Considerations.--In conducting the review required 
     under subparagraph (A), the Director shall consider--
       ``(i) the Federal risk assessments performed under 
     subsection (i);
       ``(ii) the cumulative reporting and compliance burden to 
     agencies; and
       ``(iii) the clarity of the requirements and deadlines 
     contained in guidance and policy documents.
       ``(2) Updated guidance.--Not later than 90 days after the 
     date on which a review is completed under paragraph (1), the 
     Director 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 the Director completes a review under paragraph (1), 
     the Director shall make publicly available a report that 
     includes--
       ``(A) an overview of the guidance and policy developed 
     under subsection (a)(1) that is in effect;
       ``(B) the cybersecurity risk mitigation, or other 
     cybersecurity benefit, offered by each guidance or policy 
     described in subparagraph (A);
       ``(C) a summary of the guidance or policy developed under 
     subsection (a)(1) to which changes were determined 
     appropriate during the review; and
       ``(D) the changes that are anticipated to be included in 
     the updated guidance or policy issued under paragraph (2).
       ``(4) Congressional briefing.--Not later than 60 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.
       ``(p) Automated Standard Implementation Verification.--When 
     the Director of the National Institute of Standards and 
     Technology issues a proposed standard pursuant to paragraphs 
     (2) or (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.'';
       On page 26, line 15, strike ``considering--'' and all that 
     follows through ``and'' on line 23 and insert ``considering 
     the agency risk assessment performed under subsection 
     (a)(1)(A); and''.
       On page 74, strike line 10 and all that follows through 
     page 80, line 19.
       On page 99, line 17, strike ``the use of--'' and all that 
     follows through ``additional'' on line 21 and insert ``the 
     use of additional''.
                                 ______
                                 
  SA 4955. Mr. SCHUMER (for Mr. Peters) proposed an amendment to the 
bill H.R. 3076, to provide stability to

[[Page S891]]

and enhance the services of the United States Postal Service, and for 
other purposes; as follows:

       On page 61, line 18, strike ``240 days'' and insert ``eight 
     months''.

                          ____________________