[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S6025-S6048]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6438. Mr. PETERS (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS MATTERS

     SEC. 5001. TABLE OF CONTENTS.

       The table of contents for this division is as follows:

     DIVISION E--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS MATTERS

Sec. 5001. Table of contents.

                      TITLE LI--HOMELAND SECURITY

      Subtitle A--Global Catastrophic Risk Management Act of 2022

Sec. 5101. Short title.
Sec. 5102. Definitions.
Sec. 5103. Interagency committee on global catastrophic risk.
Sec. 5104. Report required.
Sec. 5105. Report on continuity of operations and continuity of 
              government planning.
Sec. 5106. Enhanced catastrophic incident annex.
Sec. 5107. Validation of the strategy through an exercise.
Sec. 5108. Recommendations.
Sec. 5109. Reporting requirements.
Sec. 5110. Rule of construction.

          Subtitle B--DHS Trade and Economic Security Council

Sec. 5111. DHS Trade and Economic Security Council.

         Subtitle C--Transnational Criminal Investigative Units

Sec. 5121. Short title.

[[Page S6026]]

Sec. 5122. Stipends for Transnational Criminal Investigative Units.

      Subtitle D--Technological Hazards Preparedness and Training

Sec. 5131. Short title.
Sec. 5132. Definitions.
Sec. 5133. Assistance and Training for Communities with Technological 
              Hazards and Related Emerging Threats.
Sec. 5134. Authorization of Appropriations.
Sec. 5135. Savings provision.

   Subtitle E--Offices of Countering Weapons of Mass Destruction and 
                            Health Security

Sec. 5141. Short title.

        Chapter 1--Countering Weapons of Mass Destruction Office

Sec. 5142. Countering Weapons of Mass Destruction Office.
Sec. 5143. Rule of construction.

                  Chapter 2--Office of Health Security

Sec. 5144. Office of Health Security.
Sec. 5145. Medical countermeasures program.
Sec. 5146. Confidentiality of medical quality assurance records.
Sec. 5147. Portability of licensure.
Sec. 5148. Technical and conforming amendments.

                Subtitle F--Satellite Cybersecurity Act

Sec. 5151. Short title.
Sec. 5152. Definitions.
Sec. 5153. Report on commercial satellite cybersecurity.
Sec. 5154. Responsibilities of the cybersecurity and infrastructure 
              security agency.
Sec. 5155. Strategy.
Sec. 5156. Rules of construction.

                       Subtitle G--Pray Safe Act

Sec. 5161. Short title.
Sec. 5162. Definitions.
Sec. 5163. Federal Clearinghouse on Safety and Security Best Practices 
              for Faith-Based Organizations and Houses of Worship.
Sec. 5164. Notification of Clearinghouse.
Sec. 5165. Grant program overview.
Sec. 5166. Other resources.
Sec. 5167. Rule of construction.
Sec. 5168. Exemption.

      Subtitle H--Invent Here, Make Here for Homeland Security Act

Sec. 5171. Short title.
Sec. 5172. Preference for United States industry.

           Subtitle I--DHS Joint Task Forces Reauthorization

Sec. 5181. Short title.
Sec. 5182. Sense of the Senate.
Sec. 5183. Amending section 708 of the Homeland Security Act of 2002.

                      Subtitle J--Other Provisions

                     Chapter 1--Deepfake Task Force

Sec. 5191 Short title.
Sec. 5192. National deepfake and digital provenance task force.

         Chapter 2--CISA Technical Corrections and Improvements

Sec. 5194. CISA Technical Corrections and Improvements.

          Chapter 3--Post-Disaster Mental Health Response Act

Sec. 5198. Post-Disaster Mental Health Response.

                    TITLE LII--GOVERNMENTAL AFFAIRS

              Subtitle A--Safeguarding American Innovation

Sec. 5201. Short title.
Sec. 5202. Federal Research Security Council.
Sec. 5203. Federal grant application fraud.
Sec. 5204. Restricting the acquisition of emerging technologies by 
              certain aliens.

  Subtitle B--Intragovernmental Cybersecurity Information Sharing Act

Sec. 5211. Requirement for information sharing agreements.

        Subtitle C--Improving Government for America's Taxpayers

Sec. 5221. Government Accountability Office unimplemented priority 
              recommendations.

                 Subtitle D--Advancing American AI Act

Sec. 5231. Short title.
Sec. 5232. Purposes.
Sec. 5233. Definitions.
Sec. 5234. Principles and policies for use of artificial intelligence 
              in Government.
Sec. 5235. Agency inventories and artificial intelligence use cases.
Sec. 5236. Rapid pilot, deployment and scale of applied artificial 
              intelligence capabilities to demonstrate modernization 
              activities related to use cases.
Sec. 5237. Enabling entrepreneurs and agency missions.

                  Subtitle E--Strategic EV Management

Sec. 5241. Short Title.
Sec. 5242. Definitions.
Sec. 5243. Strategic guidance.
Sec. 5244. Study of Federal fleet vehicles.

              Subtitle F--Congressionally Mandated Reports

Sec. 5251. Short title.
Sec. 5252. Definitions.
Sec. 5253. Establishment of online portal for congressionally mandated 
              reports.
Sec. 5254. Federal agency responsibilities.
Sec. 5255. Changing or removing reports.
Sec. 5256. Withholding of information.
Sec. 5257. Implementation.
Sec. 5258. Determination of budgetary effects.

                      TITLE LI--HOMELAND SECURITY

      Subtitle A--Global Catastrophic Risk Management Act of 2022

     SEC. 5101. SHORT TITLE.

       This subtitle may be cited as the ``Global Catastrophic 
     Risk Management Act of 2022''.

     SEC. 5102. DEFINITIONS.

       In this subtitle:
       (1) Basic need.--The term ``basic need''--
       (A) means any good, service, or activity necessary to 
     protect the health, safety, and general welfare of the 
     civilian population of the United States; and
       (B) includes--
       (i) food;
       (ii) water;
       (iii) shelter;
       (iv) basic communication services;
       (v) basic sanitation and health services; and
       (vi) public safety.
       (2) Catastrophic incident.--The term ``catastrophic 
     incident''--
       (A) means any natural or man-made disaster that results in 
     extraordinary levels of casualties or damage, mass 
     evacuations, or disruption severely affecting the population, 
     infrastructure, environment, economy, national morale, or 
     government functions in an area; and
       (B) may include an incident--
       (i) with a sustained national impact over a prolonged 
     period of time;
       (ii) that may rapidly exceed resources available to State 
     and local government and private sector authorities in the 
     impacted area; or
       (iii) that may significantly interrupt governmental 
     operations and emergency services to such an extent that 
     national security could be threatened.
       (3) Committee.--The term ``committee'' means the 
     interagency committee on global catastrophic risk established 
     under section 5103.
       (4) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in section 
     1016(e) of the Critical Infrastructure Protection Act of 2001 
     (42 U.S.C. 5195c(e)).
       (5) Existential risk.--The term ``existential risk'' means 
     the potential for an outcome that would result in human 
     extinction.
       (6) Global catastrophic risk.--The term ``global 
     catastrophic risk'' means the risk of events or incidents 
     consequential enough to significantly harm, set back, or 
     destroy human civilization at the global scale.
       (7) Global catastrophic and existential threats.--The term 
     ``global catastrophic and existential threats'' means those 
     threats that with varying likelihood can produce consequences 
     severe enough to result in significant harm or destruction of 
     human civilization at the global scale, or lead to human 
     extinction. Examples of global catastrophic and existential 
     threats include severe global pandemics, nuclear war, 
     asteroid and comet impacts, supervolcanoes, sudden and severe 
     changes to the climate, and intentional or accidental threats 
     arising from the use and development of emerging 
     technologies.
       (8) National exercise program.--The term ``national 
     exercise program'' means activities carried out to test and 
     evaluate the national preparedness goal and related plans and 
     strategies as described in section 648(b) of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)).
       (9) Tribal government.--The term ``Tribal government'' 
     means the recognized governing body of any Indian or Alaska 
     Native Tribe, band, nation, pueblo, village, community, 
     component band, or component reservation, that is 
     individually identified (including parenthetically) in the 
     most recent list published pursuant to section 104 of the 
     Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
     5131).

     SEC. 5103. INTERAGENCY COMMITTEE ON GLOBAL CATASTROPHIC RISK.

       (a) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the President shall establish an 
     interagency committee on global catastrophic risk.
       (b) Membership.--The committee shall include senior 
     representatives of--
       (1) the Assistant to the President for National Security 
     Affairs;
       (2) the Director of the Office of Science and Technology 
     Policy;
       (3) the Director of National Intelligence and the Director 
     of the National Intelligence Council;
       (4) the Secretary of Homeland Security and the 
     Administrator of the Federal Emergency Management Agency;
       (5) the Secretary of State and the Under Secretary of State 
     for Arms Control and International Security;
       (6) the Attorney General and the Director of the Federal 
     Bureau of Investigation;
       (7) the Secretary of Energy, the Under Secretary of Energy 
     for Nuclear Security, and the Director of Science;
       (8) the Secretary of Health and Human Services, the 
     Assistant Secretary for Preparedness and Response, and the 
     Assistant Secretary of Global Affairs;
       (9) the Secretary of Commerce, the Under Secretary of 
     Commerce for Oceans and Atmosphere, and the Under Secretary 
     of Commerce for Standards and Technology;

[[Page S6027]]

       (10) the Secretary of the Interior and the Director of the 
     United States Geological Survey;
       (11) the Administrator of the Environmental Protection 
     Agency and the Assistant Administrator for Water;
       (12) the Administrator of the National Aeronautics and 
     Space Administration;
       (13) the Director of the National Science Foundation;
       (14) the Secretary of the Treasury;
       (15) the Chair of the Board of Governors of the Federal 
     Reserve System;
       (16) the Secretary of Defense, the Assistant Secretary of 
     the Army for Civil Works, and the Chief of Engineers and 
     Commanding General of the Army Corps of Engineers;
       (17) the Chairman of the Joint Chiefs of Staff;
       (18) the Administrator of the United States Agency for 
     International Development; and
       (19) other stakeholders the President determines 
     appropriate.
       (c) Chairmanship.--The committee shall be co-chaired by a 
     senior representative of the President and the Deputy 
     Administrator of the Federal Emergency Management Agency for 
     Resilience.

     SEC. 5104. REPORT REQUIRED.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and every 10 years thereafter, the 
     President, with support from the committee, shall conduct and 
     submit to Congress a report containing a detailed assessment 
     of global catastrophic and existential risk.
       (b) Matters Covered.--Each report required under subsection 
     (a) shall include --
       (1) expert estimates of cumulative global catastrophic and 
     existential risk in the next 30 years, including separate 
     estimates for the likelihood of occurrence and potential 
     consequences;
       (2) expert-informed analyses of the risk of the most 
     concerning specific global catastrophic and existential 
     threats, including separate estimates, where reasonably 
     feasible and credible, of each threat for its likelihood of 
     occurrence and its potential consequences, as well as 
     associated uncertainties;
       (3) a comprehensive list of potential catastrophic or 
     existential threats, including even those that may have very 
     low likelihood;
       (4) technical assessments and lay explanations of the 
     analyzed global catastrophic and existential risks, including 
     their qualitative character and key factors affecting their 
     likelihood of occurrence and potential consequences;
       (5) an explanation of any factors that limit the ability of 
     the President to assess the risk both cumulatively and for 
     particular threats, and how those limitations may be overcome 
     through future research or with additional resources, 
     programs, or authorities;
       (6) a review of the effectiveness of intelligence 
     collection, early warning and detection systems, or other 
     functions and programs necessary to evaluate the risk of 
     particular global catastrophic and existential threats, if 
     any exist and as applicable for particular threats;
       (7) a forecast of if and why global catastrophic and 
     existential risk is likely to increase or decrease 
     significantly in the next 30 years, both qualitatively and 
     quantitatively, as well as a description of associated 
     uncertainties;
       (8) proposals for how the Federal Government may more 
     adequately assess global catastrophic and existential risk on 
     an ongoing basis in future years;
       (9) recommendations for legislative actions, as 
     appropriate, to support the evaluation and assessment of 
     global catastrophic and existential risk; and
       (10) other matters deemed appropriate by the President.
       (c) Consultation Requirement.--In producing the report 
     required under subsection (a), the President, with support 
     from the committee, shall regularly consult with experts on 
     global catastrophic and existential risks, including from 
     non-governmental, academic, and private sector institutions.
       (d) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 5105. REPORT ON CONTINUITY OF OPERATIONS AND CONTINUITY 
                   OF GOVERNMENT PLANNING.

       (a) In General.--Not later than 180 days after the 
     submission of the report required under section 5104, the 
     President, with support from the committee, shall produce a 
     report on the adequacy of continuity of operations and 
     continuity of government plans based on the assessed global 
     catastrophic and existential risk.
       (b) Matters Covered.--The report required under subsection 
     (a) shall include--
       (1) a detailed assessment of the ability of continuity of 
     government and continuity of operations plans and programs, 
     as defined by Executive Order 13961 (85 Fed. Reg. 79379; 
     relating to governance and integration of Federal mission 
     resilience), Presidential Policy Directive-40 (July 15, 2016; 
     relating to national continuity policy), or successor 
     policies, to maintain national essential functions following 
     global catastrophes, both cumulatively and for particular 
     threats;
       (2) an assessment of the need to revise Executive Order 
     13961 (85 Fed. Reg. 79379; relating to governance and 
     integration of Federal mission resilience), Presidential 
     Policy Directive-40 (July 15, 2016; relating to national 
     continuity policy), or successor policies to account for 
     global catastrophic and existential risk cumulatively or for 
     particular threats;
       (3) an assessment of any technology gaps limiting 
     mitigation of global catastrophic and existential risks for 
     continuity of operations and continuity of government plans;
       (4) a budget proposal for continuity of government and 
     continuity of operations programs necessary to adequately 
     maintain national essential functions during global 
     catastrophes;
       (5) recommendations for legislative actions and technology 
     development and implementation actions necessary to improve 
     continuity of government and continuity of operations plans 
     and programs;
       (6) a plan for increased senior leader involvement in 
     continuity of operations and continuity of government 
     exercises; and
       (7) other matters deemed appropriate by the co-chairs of 
     the committee.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 5106. ENHANCED CATASTROPHIC INCIDENT ANNEX.

       (a) In General.--The President, with support from the 
     committee, shall supplement each Federal Interagency 
     Operational Plan to include an annex containing a strategy to 
     ensure the health, safety, and general welfare of the 
     civilian population affected by catastrophic incidents by--
       (1) providing for the basic needs of the civilian 
     population of the United States that is impacted by 
     catastrophic incidents in the United States;
       (2) coordinating response efforts with State and local 
     governments, the private sector, and nonprofit relief 
     organizations;
       (3) promoting personal and local readiness and non-reliance 
     on government relief during periods of heightened tension or 
     after catastrophic incidents; and
       (4) developing international partnerships with allied 
     nations for the provision of relief services and goods.
       (b) Elements of the Strategy.--The strategy required under 
     subsection (a) shall include a description of--
       (1) actions the President will take to ensure the basic 
     needs of the civilian population of the United States in a 
     catastrophic incident are met;
       (2) how the President will coordinate with non-Federal 
     entities to multiply resources and enhance relief 
     capabilities, including--
       (A) State and local governments;
       (B) Tribal governments;
       (C) State disaster relief agencies;
       (D) State and local disaster relief managers;
       (E) State National Guards;
       (F) law enforcement and first response entities; and
       (G) nonprofit relief services;
       (3) actions the President will take to enhance individual 
     resiliency to the effects of a catastrophic incident, which 
     actions shall include--
       (A) readiness alerts to the public during periods of 
     elevated threat;
       (B) efforts to enhance domestic supply and availability of 
     critical goods and basic necessities; and
       (C) information campaigns to ensure the public is aware of 
     response plans and services that will be activated when 
     necessary;
       (4) efforts the President will undertake and agreements the 
     President will seek with international allies to enhance the 
     readiness of the United States to provide for the general 
     welfare;
       (5) how the strategy will be implemented should multiple 
     levels of critical infrastructure be destroyed or taken 
     offline entirely for an extended period of time; and
       (6) the authorities the President would implicate in 
     responding to a catastrophic incident.
       (c) Assumptions.--In designing the strategy under 
     subsection (a), the President shall account for certain 
     factors to make the strategy operationally viable, including 
     the assumption that--
       (1) multiple levels of critical infrastructure have been 
     taken offline or destroyed by catastrophic incidents or the 
     effects of catastrophic incidents;
       (2) impacted sectors may include--
       (A) the transportation sector;
       (B) the communication sector;
       (C) the energy sector;
       (D) the healthcare and public health sector;
       (E) the water and wastewater sector; and
       (F) the financial sector;
       (3) State, local, Tribal, and territorial governments have 
     been equally affected or made largely inoperable by 
     catastrophic incidents or the effects of catastrophic 
     incidents;
       (4) the emergency has exceeded the response capabilities of 
     State and local governments under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.) and other relevant disaster response laws; and
       (5) the United States military is sufficiently engaged in 
     armed or cyber conflict with State or non-State adversaries, 
     or is otherwise unable to augment domestic response 
     capabilities in a significant manner due to a catastrophic 
     incident.
       (d) Existing Plans.--The President may incorporate existing 
     contingency plans in the strategy developed under subsection 
     (a) so long as those contingency plans are amended to be 
     operational in accordance with the requirements under this 
     section.
       (e) Availability.--The strategy developed under subsection 
     (a) shall be available to the public but may include a 
     classified, or other

[[Page S6028]]

     restricted, annex to be made available to the appropriate 
     committees of Congress and appropriate government entities.

     SEC. 5107. VALIDATION OF THE STRATEGY THROUGH AN EXERCISE.

       Not later than 1 year after the addition of the annex 
     required under section 5106, the Department of Homeland 
     Security shall lead an exercise as part of the national 
     exercise program, in coordination with the committee, to test 
     and enhance the operationalization of the strategy required 
     under section 5106.

     SEC. 5108. RECOMMENDATIONS.

       (a) In General.--The President shall provide 
     recommendations to Congress for--
       (1) actions that should be taken to prepare the United 
     States to implement the strategy required under section 5106, 
     increase readiness, and address preparedness gaps for 
     responding to the impacts of catastrophic incidents on 
     citizens of the United States; and
       (2) additional authorities that should be considered for 
     Federal agencies and the President to more effectively 
     implement the strategy required under section 5106.
       (b) Inclusion in Reports.--The President may include the 
     recommendations required under subsection (a) in a report 
     submitted under section 5109.

     SEC. 5109. REPORTING REQUIREMENTS.

       Not later than 1 year after the date on which Department of 
     Homeland Security leads the exercise under section 5107, the 
     President shall submit to Congress a report that includes--
       (1) a description of the efforts of the President to 
     develop and update the strategy required under section 5106; 
     and
       (2) an after-action report following the conduct of the 
     exercise described in section 5107.

     SEC. 5110. RULE OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to supersede 
     the civilian emergency management authority of the 
     Administrator of the Federal Emergency Management Agency 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) or the Post Katrina 
     Emergency Management Reform Act (6 U.S.C. 701 et seq.).

          Subtitle B--DHS Trade and Economic Security Council

     SEC. 5111. DHS TRADE AND ECONOMIC SECURITY COUNCIL.

       (a) Establishment of the DHS Trade and Economic Security 
     Council.--
       (1) Definitions.--In this subsection:
       (A) Council.--The term ``Council'' means the DHS Trade and 
     Economic Security Council established under paragraph (2).
       (B) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (C) Economic security.--The term ``economic security'' has 
     the meaning given that term in section 890B(c)(2) of the 
     Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)).
       (D) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (2) DHS trade and economic security council.--In accordance 
     with the mission of the Department under section 101(b) of 
     the Homeland Security Act of 2002 (6 U.S.C. 111(b)), and in 
     particular paragraph (1)(F) of that section, the Secretary 
     shall establish a standing council of component heads or 
     their designees within the Department, which shall be known 
     as the ``DHS Trade and Economic Security Council''.
       (3) Duties of the council.--Pursuant to the scope of the 
     mission of the Department as described in paragraph (2), the 
     Council shall provide to the Secretary advice and 
     recommendations on matters of trade and economic security, 
     including--
       (A) identifying concentrated risks for trade and economic 
     security;
       (B) setting priorities for securing the trade and economic 
     security of the United States;
       (C) coordinating Department-wide activity on trade and 
     economic security matters;
       (D) with respect to the development of the continuity of 
     the economy plan of the President under section 9603 of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act of Fiscal Year 2021 (6 U.S.C. 322);
       (E) proposing statutory and regulatory changes impacting 
     trade and economic security; and
       (F) any other matters the Secretary considers appropriate.
       (4) Chair and vice chair.--The Under Secretary for 
     Strategy, Policy, and Plans of the Department--
       (A) shall serve as Chair of the Council; and
       (B) may designate a Council member as a Vice Chair.
       (5) Meetings.--The Council shall meet not less frequently 
     than quarterly, as well as--
       (A) at the call of the Chair; or
       (B) at the direction of the Secretary.
       (6) Briefings.--Not later than 180 days after the date of 
     enactment of this Act and every 180 days thereafter for 4 
     years, the Council shall brief the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives on the actions and activities of the Council.
       (b) Assistant Secretary for Trade and Economic Security.--
     Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 
     349) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Assistant Secretary for Trade and Economic 
     Security.--
       ``(1) In general.--There is established within the Office 
     of Strategy, Policy, and Plans an Assistant Secretary for 
     Trade and Economic Security.
       ``(2) Duties.--At the direction of the Under Secretary for 
     Strategy, Policy, and Plans, the Assistant Secretary for 
     Trade and Economic Security shall be responsible for policy 
     formulation regarding matters relating to economic security 
     and trade, as such matters relate to the mission and the 
     operations of the Department.
       ``(3) Additional responsibilities.--In addition to the 
     duties specified in paragraph (2), the Assistant Secretary 
     for Trade and Economic Security, at the direction of the 
     Under Secretary for Strategy, Policy, and Plans, may--
       ``(A) oversee--
       ``(i) coordination of supply chain policy; and
       ``(ii) assessments and reports to Congress related to 
     critical economic security domains;
       ``(B) serve as the representative of the Under Secretary 
     for Strategy, Policy, and Plans for the purposes of 
     representing the Department on--
       ``(i) the Committee on Foreign Investment in the United 
     States; and
       ``(ii) the Committee for the Assessment of Foreign 
     Participation in the United States Telecommunications 
     Services Sector;
       ``(C) coordinate with stakeholders in other Federal 
     departments and agencies and nongovernmental entities with 
     trade and economic security interests, authorities, and 
     responsibilities; and
       ``(D) perform such additional duties as the Secretary or 
     the Under Secretary of Strategy, Policy, and Plans may 
     prescribe.
       ``(4) Definitions.--In this subsection:
       ``(A) Critical economic security domain.--The term 
     `critical economic security domain' means any infrastructure, 
     industry, technology, or intellectual property (or 
     combination thereof) that is essential for the economic 
     security of the United States.
       ``(B) Economic security.--The term `economic security' has 
     the meaning given that term in section 890B(c)(2).''.
       (c) Rule of Construction.--Nothing in this section or the 
     amendments made by this section shall be construed to affect 
     or diminish the authority otherwise granted to any other 
     officer of the Department of Homeland Security.

         Subtitle C--Transnational Criminal Investigative Units

     SEC. 5121. SHORT TITLE.

       This subtitle may be cited as the ``Transnational Criminal 
     Investigative Unit Stipend Act''.

     SEC. 5122. STIPENDS FOR TRANSNATIONAL CRIMINAL INVESTIGATIVE 
                   UNITS.

       (a) In General.--Subtitle H of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 890C. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS.

       ``(a) In General.--The Secretary shall operate 
     Transnational Criminal Investigative Units within United 
     States Immigration and Customs Enforcement, Homeland Security 
     Investigations.
       ``(b) Composition.--Each Transnational Criminal 
     Investigative Unit shall be composed of trained foreign law 
     enforcement officials who shall collaborate with Homeland 
     Security Investigations to investigate and prosecute 
     individuals involved in transnational criminal activity.
       ``(c) Vetting Requirement.--
       ``(1) In general.--Upon entry into a Transnational Criminal 
     Investigative Unit, and at periodic intervals while serving 
     in such a unit, foreign law enforcement officials shall be 
     required to pass certain security evaluations, which may 
     include a background check, a polygraph examination, a 
     urinalysis test, or other measures that the Director of U.S. 
     Immigration and Customs Enforcement determines to be 
     appropriate.
       ``(2) Report.--The Director of U.S. Immigration and Customs 
     Enforcement shall submit a report to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives that describes--
       ``(A) the procedures used for vetting Transnational 
     Criminal Investigative Unit members; and
       ``(B) any additional measures that should be implemented to 
     prevent personnel in vetted units from being compromised by 
     criminal organizations.
       ``(d) Monetary Stipend.--The Director of U.S. Immigration 
     and Customs Enforcement is authorized to pay vetted members 
     of a Transnational Criminal Investigative Unit a monetary 
     stipend in an amount associated with their duties dedicated 
     to unit activities.
       ``(e) Annual Briefing.--The Director of U.S. Immigration 
     and Customs Enforcement, during the 5-year period beginning 
     on the date of the enactment of this Act, shall provide an 
     annual unclassified briefing to the congressional committees 
     referred to in subsection (c)(2), which may include a 
     classified session, if necessary, that identifies--
       ``(1) the number of vetted members of Transnational 
     Criminal Investigative Unit in each country;
       ``(2) the amount paid in stipends to such members, 
     disaggregated by country; and
       ``(3) relevant enforcement statistics, such as arrests and 
     progress made on joint investigations, in each such 
     country.''.
       (b) Clerical Amendment.--The table of contents for the 
     Homeland Security Act of

[[Page S6029]]

     2002 (Public Law 107-296) is amended by inserting after the 
     item relating to section 890B the following:

``Sec. 890C. Transnational Criminal Investigative Units.''.

      Subtitle D--Technological Hazards Preparedness and Training

     SEC. 5131. SHORT TITLE.

       This subtitle may be cited as the ``Technological Hazards 
     Preparedness and Training Act of 2022''.

     SEC. 5132. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Emergency Management Agency.
       (2) Indian tribal government.--The term ``Indian Tribal 
     government'' has the meaning given the term ``Indian tribal 
     government'' in section 102 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122).
       (3) Local government; state.--The terms ``local 
     government'' and ``State'' have the meanings given those 
     terms in section 102 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5122).
       (4) Technological hazard and related emerging threat.--The 
     term ``technological hazard and related emerging threat''--
       (A) means a hazard that involves materials created by 
     humans that pose a unique hazard to the general public and 
     environment and which may result from--
       (i) an accident;
       (ii) an emergency caused by another hazard; or
       (iii) intentional use of the hazardous materials; and
       (B) includes a chemical, radiological, biological, and 
     nuclear hazard.

     SEC. 5133. ASSISTANCE AND TRAINING FOR COMMUNITIES WITH 
                   TECHNOLOGICAL HAZARDS AND RELATED EMERGING 
                   THREATS.

       (a) In General.--The Administrator shall maintain the 
     capacity to provide States and local governments with 
     technological hazards and related emerging threats technical 
     assistance, training, and other preparedness programming to 
     build community resilience to technological hazards and 
     related emerging threats.
       (b) Authorities.--The Administrator shall carry out 
     subsection (a) in accordance with--
       (1) the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.);
       (2) section 1236 of the Disaster Recovery Reform Act of 
     2018 (42 U.S.C. 5196g); and
       (3) the Post-Katrina Emergency Management Reform Act of 
     2006 (Public Law 109-295; 120 Stat. 1394).
       (c) Assessment and Notification.--In carrying out 
     subsection (a), the Administrator shall--
       (1) use any available and appropriate multi-hazard risk 
     assessment and mapping tools and capabilities to identify the 
     communities that have the highest risk of and vulnerability 
     to a technological hazard in each State; and
       (2) ensure each State and Indian Tribal government is aware 
     of--
       (A) the communities identified under paragraph (1); and
       (B) the availability of programming under this section 
     for--
       (i) technological hazards and related emerging threats 
     preparedness; and
       (ii) building community capability.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Appropriations of the Senate, the Committee on 
     Homeland Security of the House of Representatives, the 
     Committee on Appropriations of the House of Representatives, 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives a report relating to--
       (1) actions taken to implement this section; and
       (2) technological hazards and related emerging threats 
     preparedness programming provided under this section during 
     the 1-year period preceding the date of submission of the 
     report.
       (e) Consultation.--The Secretary of Homeland Security may 
     seek continuing input relating to technological hazards and 
     related emerging threats preparedness needs by consulting 
     State, Tribal, territorial, and local emergency services 
     organizations and private sector stakeholders.

     SEC. 5134. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     subtitle $20,000,000 for each of fiscal years 2023 through 
     2024.

     SEC. 5135. SAVINGS PROVISION.

       Nothing in this subtitle shall diminish or divert resources 
     from--
       (1) the full completion of federally-led chemical surety 
     material storage missions or chemical demilitarization 
     missions that are underway as of the date of enactment of 
     this Act; or
       (2) any transitional activities or other community 
     assistance incidental to the completion of the missions 
     described in paragraph (1).

   Subtitle E--Offices of Countering Weapons of Mass Destruction and 
                            Health Security

     SEC. 5141. SHORT TITLE.

       This subtitle may be cited as the ``Offices of Countering 
     Weapons of Mass Destruction and Health Security Act of 
     2022''.

        CHAPTER 1--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

     SEC. 5142. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

       (a) Homeland Security Act of 2002.--Title XIX of the 
     Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is 
     amended--
       (1) in section 1901 (6 U.S.C. 591)--
       (A) in subsection (c), by amending paragraphs (1) and (2) 
     to read as follows:
       ``(1) matters and strategies pertaining to--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats; and
       ``(2) coordinating the efforts of the Department to 
     counter--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats.''; and
       (B) by striking subsection (e);
       (2) by amending section 1921 (6 U.S.C. 591g) to read as 
     follows:

     ``SEC. 1921. MISSION OF THE OFFICE.

       ``The Office shall be responsible for--
       ``(1) coordinating the efforts of the Department to 
     counter--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats; and
       ``(2) enhancing the ability of Federal, State, local, 
     Tribal, and territorial partners to prevent, detect, protect 
     against, and mitigate the impacts of attacks using--
       ``(A) weapons of mass destruction against the United 
     States; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats against the United States.'';
       (3) in section 1922 (6 U.S.C. 591h)--
       (A) by striking subsection (b); and
       (B) by redesignating subsection (c) as subsection (b);
       (4) in section 1923 (6 U.S.C. 592)--
       (A) by redesignating subsections (a) and (b) as subsections 
     (b) and (d), respectively;
       (B) by inserting before subsection (b), as so redesignated, 
     the following:
       ``(a) Office Responsibilities.--
       ``(1) In general.--For the purposes of coordinating the 
     efforts of the Department to counter weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats, the Office shall--
       ``(A) provide expertise and guidance to Department 
     leadership and components on chemical, biological, 
     radiological, nuclear, and other related emerging threats, 
     subject to the research, development, testing, and evaluation 
     coordination requirement described in subparagraph (G);
       ``(B) in coordination with the Office for Strategy, Policy, 
     and Plans, lead development of policies and strategies to 
     counter weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats on 
     behalf of the Department;
       ``(C) identify, assess, and prioritize capability gaps 
     relating to the strategic and mission objectives of the 
     Department for weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats;
       ``(D) in coordination with the Office of Intelligence and 
     Analysis, support components of the Department, and Federal, 
     State, local, Tribal, and territorial partners, provide 
     intelligence and information analysis and reports on weapons 
     of mass destruction and chemical, biological, radiological, 
     nuclear, and other related emerging threats;
       ``(E) in consultation with the Science and Technology 
     Directorate, assess risk to the United States from weapons of 
     mass destruction and chemical, biological, radiological, 
     nuclear, and other related emerging threats;
       ``(F) lead development and prioritization of Department 
     requirements to counter weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats, subject to the research, 
     development, testing, and evaluation coordination requirement 
     described in subparagraph (G), which requirements shall be--
       ``(i) developed in coordination with end users; and
       ``(ii) reviewed by the Joint Requirements Council, as 
     directed by the Secretary;
       ``(G) in coordination with the Science and Technology 
     Directorate, direct, fund, and coordinate capability 
     development activities to counter weapons of mass destruction 
     and all chemical, biological, radiological, nuclear, and 
     other related emerging threats research, development, test, 
     and evaluation matters, including research, development, 
     testing, and evaluation expertise, threat characterization, 
     technology maturation, prototyping, and technology 
     transition;
       ``(H) acquire, procure, and deploy counter weapons of mass 
     destruction capabilities, and serve as the lead advisor of 
     the Department on component acquisition, procurement, and 
     deployment of counter-weapons of mass destruction 
     capabilities;
       ``(I) in coordination with the Office of Health Security, 
     support components of the Department, and Federal, State, 
     local, Tribal, and territorial partners on chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats health matters;
       ``(J) provide expertise on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats to Department and Federal partners 
     to support engagements and efforts with international 
     partners subject to the research, development, testing, and 
     evaluation

[[Page S6030]]

     coordination requirement under subparagraph (G); and
       ``(K) carry out any other duties assigned to the Office by 
     the Secretary.
       ``(2) Detection and reporting.--For purposes of the 
     detection and reporting responsibilities of the Office for 
     weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats, 
     the Office shall--
       ``(A) in coordination with end users, including State, 
     local, Tribal, and territorial partners, as appropriate--
       ``(i) carry out a program to test and evaluate technology, 
     in consultation with the Science and Technology Directorate, 
     to detect and report on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats weapons or unauthorized material, in 
     coordination with other Federal agencies, as appropriate, and 
     establish performance metrics to evaluate the effectiveness 
     of individual detectors and detection systems in detecting 
     those weapons or material--

       ``(I) under realistic operational and environmental 
     conditions; and
       ``(II) against realistic adversary tactics and 
     countermeasures;

       ``(B) in coordination with end users, conduct, support, 
     coordinate, and encourage a transformational program of 
     research and development to generate and improve technologies 
     to detect, protect against, and report on the illicit entry, 
     transport, assembly, or potential use within the United 
     States of weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats weapons or unauthorized material, and coordinate with 
     the Under Secretary for Science and Technology on research 
     and development efforts relevant to the mission of the Office 
     and the Under Secretary for Science and Technology;
       ``(C) before carrying out operational testing under 
     subparagraph (A), develop a testing and evaluation plan that 
     articulates the requirements for the user and describes how 
     these capability needs will be tested in developmental test 
     and evaluation and operational test and evaluation;
       ``(D) as appropriate, develop, acquire, and deploy 
     equipment to detect and report on weapons of mass destruction 
     and chemical, biological, radiological, nuclear, and other 
     related emerging threats weapons or unauthorized material in 
     support of Federal, State, local, Tribal, and territorial 
     governments;
       ``(E) support and enhance the effective sharing and use of 
     appropriate information on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats and related emerging issues 
     generated by elements of the intelligence community (as 
     defined in section 3 of the National Security Act of 1947 (50 
     U.S.C. 3003)), law enforcement agencies, other Federal 
     agencies, State, local, Tribal, and territorial governments, 
     and foreign governments, as well as provide appropriate 
     information to those entities;
       ``(F) consult, as appropriate, with the Federal Emergency 
     Management Agency and other departmental components, on 
     weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats and 
     efforts to mitigate, prepare, and respond to all threats in 
     support of the State, local, and Tribal communities; and
       ``(G) perform other duties as assigned by the Secretary.'';
       (C) in subsection (b), as so redesignated--
       (i) in the subsection heading, by striking ``Mission'' and 
     inserting ``Radiological and Nuclear Responsibilities'';
       (ii) in paragraph (1)--

       (I) by inserting ``deploy,'' after ``acquire,''; and
       (II) by striking ``deployment'' and inserting 
     ``operations'';

       (iii) by striking paragraphs (6) through (10);
       (iv) redesignating paragraphs (11) and (12) as paragraphs 
     (6) and (7), respectively;
       (v) in paragraph (6)(B), as so redesignated, by striking 
     ``national strategic five-year plan referred to in paragraph 
     (10)'' and inserting ``United States national technical 
     nuclear forensics strategic planning'';
       (vi) in paragraph (7)(C)(v), as so redesignated--

       (I) in the matter preceding subclause (I), by inserting 
     ``except as otherwise provided,'' before ``require''; and
       (II) in subclause (II)--

       (aa) in the matter preceding item (aa), by striking ``death 
     or disability'' and inserting ``death, disability, or a 
     finding of good cause as determined by the Assistant 
     Secretary (including extreme hardship, extreme need, or the 
     needs of the Office) and for which the Assistant Secretary 
     may grant a waiver of the repayment obligation''; and
       (bb) in item (bb), by adding ``and'' at the end;
       (vii) by striking paragraph (13); and
       (viii) by redesignating paragraph (14) as paragraph (8); 
     and
       (D) by inserting after subsection (b), as so redesignated, 
     the following:
       ``(c) Chemical and Biological Responsibilities.--The 
     Office--
       ``(1) shall be responsible for coordinating with other 
     Federal efforts to enhance the ability of Federal, State, 
     local, and Tribal governments to prevent, detect, protect 
     against, and mitigate the impacts of chemical and biological 
     threats against the United States; and
       ``(2) shall--
       ``(A) serve as a primary entity of the Federal Government 
     to further develop, acquire, deploy, and support the 
     operations of a national biosurveillance system in support of 
     Federal, State, local, Tribal, and territorial governments, 
     and improve that system over time;
       ``(B) enhance the chemical and biological detection efforts 
     of Federal, State, local, Tribal, and territorial governments 
     and provide guidance, tools, and training to help ensure a 
     managed, coordinated response; and
       ``(C) collaborate with the Biomedical Advanced Research and 
     Development Authority, the Office of Health Security, the 
     Defense Advanced Research Projects Agency, and the National 
     Aeronautics and Space Administration, and other relevant 
     Federal stakeholders, and receive input from industry, 
     academia, and the national laboratories on chemical and 
     biological surveillance efforts.'';
       (5) in section 1924 (6 U.S.C. 593), by striking ``section 
     11011 of the Strom Thurmond National Defense Authorization 
     Act for Fiscal Year 1999 (5 U.S.C. 3104 note).'' and 
     inserting ``section 4092 of title 10, United States Code, 
     except that the authority shall be limited to facilitate the 
     recruitment of experts in the chemical, biological, 
     radiological, or nuclear specialties.'';
       (6) in section 1927(a)(1)(C) (6 U.S.C. 596a(a)(1)(C))--
       (A) in clause (i), by striking ``required under section 
     1036 of the National Defense Authorization Act for Fiscal 
     Year 2010'';
       (B) in clause (ii), by striking ``and'' at the end;
       (C) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(iv) includes any other information regarding national 
     technical nuclear forensics activities carried out under 
     section 1923.'';
       (7) in section 1928 (6 U.S.C. 596b)--
       (A) in subsection (c)(1), by striking ``from among high-
     risk urban areas under section 2003'' and inserting ``based 
     on the capability and capacity of the jurisdiction, as well 
     as the relative threat, vulnerability, and consequences from 
     terrorist attacks and other high-consequence events utilizing 
     nuclear or other radiological materials''; and
       (B) by striking subsection (d) and inserting the following:
       ``(d) Report.--Not later than 2 years after the date of 
     enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2022, the Secretary 
     shall submit to the appropriate congressional committees an 
     update on the STC program.''; and
       (8) by adding at the end the following:

     ``SEC. 1929. ACCOUNTABILITY.

       ``(a) Departmentwide Strategy.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2022, and every 4 
     years thereafter, the Secretary shall create a Departmentwide 
     strategy and implementation plan to counter weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats, which should--
       ``(A) have clearly identified authorities, specified roles, 
     objectives, benchmarks, accountability, and timelines;
       ``(B) incorporate the perspectives of non-Federal and 
     private sector partners; and
       ``(C) articulate how the Department will contribute to 
     relevant national-level strategies and work with other 
     Federal agencies.
       ``(2) Consideration.--The Secretary shall appropriately 
     consider weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats when creating the strategy and implementation plan 
     required under paragraph (1).
       ``(3) Report.--The Office shall submit to the appropriate 
     congressional committees a report on the updated 
     Departmentwide strategy and implementation plan required 
     under paragraph (1).
       ``(b) Departmentwide Biodefense Review and Strategy.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2022, the Secretary, 
     in consultation with appropriate stakeholders representing 
     Federal, State, Tribal, territorial, academic, private 
     sector, and nongovernmental entities, shall conduct a 
     Departmentwide review of biodefense activities and 
     strategies.
       ``(2) Review.--The review required under paragraph (1) 
     shall--
       ``(A) identify with specificity the biodefense lines of 
     effort of the Department, including relating to biodefense 
     roles, responsibilities, and capabilities of components and 
     offices of the Department;
       ``(B) assess how such components and offices coordinate 
     internally and with public and private partners in the 
     biodefense enterprise;
       ``(C) identify any policy, resource, capability, or other 
     gaps in the Department's ability to assess, prevent, protect 
     against, and respond to biological threats; and
       ``(D) identify any organizational changes or reforms 
     necessary for the Department to effectively execute its 
     biodefense mission and role, including with respect to public 
     and private partners in the biodefense enterprise.

[[Page S6031]]

       ``(3) Strategy.--Not later than 1 year after completion of 
     the review required under paragraph (1), the Secretary shall 
     issue a biodefense strategy for the Department that--
       ``(A) is informed by such review and is aligned with 
     section 1086 of the National Defense Authorization Act for 
     Fiscal Year 2017 (6 U.S.C. 104; relating to the development 
     of a national biodefense strategy and associated 
     implementation plan, including a review and assessment of 
     biodefense policies, practices, programs, and initiatives) or 
     any successor strategy; and
       ``(B) shall--
       ``(i) describe the biodefense mission and role of the 
     Department, as well as how such mission and role relates to 
     the biodefense lines of effort of the Department;
       ``(ii) clarify, as necessary, biodefense roles, 
     responsibilities, and capabilities of the components and 
     offices of the Department involved in the biodefense lines of 
     effort of the Department;
       ``(iii) establish how biodefense lines of effort of the 
     Department are to be coordinated within the Department;
       ``(iv) establish how the Department engages with public and 
     private partners in the biodefense enterprise, including 
     other Federal agencies, national laboratories and sites, and 
     State, local, Tribal, and territorial entities, with 
     specificity regarding the frequency and nature of such 
     engagement by Department components and offices with State, 
     local, Tribal and territorial entities; and
       ``(v) include information relating to--

       ``(I) milestones and performance metrics that are specific 
     to the biodefense mission and role of the Department 
     described in clause (i); and
       ``(II) implementation of any operational changes necessary 
     to carry out clauses (iii) and (iv).

       ``(4) Periodic update.--Beginning not later than 5 years 
     after the issuance of the biodefense strategy and 
     implementation plans required under paragraph (3), and not 
     less often than once every 5 years thereafter, the Secretary 
     shall review and update, as necessary, such strategy and 
     plans.
       ``(5) Congressional oversight.--Not later than 30 days 
     after the issuance of the biodefense strategy and 
     implementation plans required under paragraph (3), the 
     Secretary shall brief the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives regarding 
     such strategy and plans.
       ``(c) Employee Morale.--Not later than 180 days after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2022, the Office 
     shall submit to and brief the appropriate congressional 
     committees on a strategy and plan to continuously improve 
     morale within the Office.
       ``(d) Comptroller General.--Not later than 1 year after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2022, the 
     Comptroller General of the United States shall conduct a 
     review of and brief the appropriate congressional committees 
     on--
       ``(1) the efforts of the Office to prioritize the programs 
     and activities that carry out the mission of the Office, 
     including research and development;
       ``(2) the consistency and effectiveness of stakeholder 
     coordination across the mission of the Department, including 
     operational and support components of the Department and 
     State and local entities; and
       ``(3) the efforts of the Office to manage and coordinate 
     the lifecycle of research and development within the Office 
     and with other components of the Department, including the 
     Science and Technology Directorate.
       ``(e) National Academies of Sciences, Engineering, and 
     Medicine.--
       ``(1) Study.--The Secretary shall enter into an agreement 
     with the National Academies of Sciences, Engineering, and 
     Medicine to conduct a consensus study and report to the 
     Secretary and the appropriate congressional committees on--
       ``(A) the role of the Department in preparing, detecting, 
     and responding to biological and health security threats to 
     the homeland;
       ``(B) recommendations to improve departmental 
     biosurveillance efforts against biological threats, including 
     any relevant biological detection methods and technologies; 
     and
       ``(C) the feasibility of different technological advances 
     for biodetection compared to the cost, risk reduction, and 
     timeliness of those advances.
       ``(2) Briefing.--Not later than 1 year after the date on 
     which the Secretary receives the report required under 
     paragraph (1), the Secretary shall brief the appropriate 
     congressional committees on--
       ``(A) the implementation of the recommendations included in 
     the report; and
       ``(B) the status of biological detection at the Department, 
     and, if applicable, timelines for the transition from 
     Biowatch to updated technology.
       ``(f) Advisory Council.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2022, the 
     Secretary shall establish an advisory body to advise on the 
     ongoing coordination of the efforts of the Department to 
     counter weapons of mass destruction, to be known as the 
     Advisory Council for Countering Weapons of Mass Destruction 
     (in this subsection referred to as the `Advisory Council').
       ``(2) Membership.--The members of the Advisory Council 
     shall--
       ``(A) be appointed by the Assistant Secretary; and
       ``(B) to the extent practicable, represent a geographic 
     (including urban and rural) and substantive cross section of 
     officials, from State, local, and Tribal governments, 
     academia, the private sector, national laboratories, and 
     nongovernmental organizations, including, as appropriate--
       ``(i) members selected from the emergency management field 
     and emergency response providers;
       ``(ii) State, local, and Tribal government officials;
       ``(iii) experts in the public and private sectors with 
     expertise in chemical, biological, radiological, and nuclear 
     agents and weapons;
       ``(iv) representatives from the national laboratories; and
       ``(v) such other individuals as the Assistant Secretary 
     determines to be appropriate.
       ``(3) Responsibilities.-- The Advisory Council shall--
       ``(A) advise the Assistant Secretary on all aspects of 
     countering weapons of mass destruction;
       ``(B) incorporate State, local, and Tribal government, 
     national laboratories, and private sector input in the 
     development of the strategy and implementation plan of the 
     Department for countering weapons of mass destruction; and
       ``(C) establish performance criteria for a national 
     biological detection system and review the testing protocol 
     for biological detection prototypes.
       ``(4) Consultation.--To ensure input from and coordination 
     with State, local, and Tribal governments, the Assistant 
     Secretary shall regularly consult and work with the Advisory 
     Council on the administration of Federal assistance provided 
     by the Department, including with respect to the development 
     of requirements for countering weapons of mass destruction 
     programs, as appropriate.
       ``(5) Voluntary service.--The members of the Advisory 
     Council shall serve on the Advisory Council on a voluntary 
     basis.
       ``(6) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the Advisory Council.''.
       (b) Countering Weapons of Mass Destruction Act of 2018.--
     Section 2 of the Countering Weapons of Mass Destruction Act 
     of 2018 (Public Law 115-387; 132 Stat. 5162) is amended--
       (1) in subsection (b)(2) (6 U.S.C. 591 note), by striking 
     ``1927'' and inserting ``1926''; and
       (2) in subsection (g) (6 U.S.C. 591 note)--
       (A) in the matter preceding paragraph (1), by striking 
     ``one year after the date of the enactment of this Act, and 
     annually thereafter,'' and inserting ``June 30 of each 
     year,''; and
       (B) in paragraph (2), by striking ``Security, including 
     research and development activities'' and inserting 
     ``Security''.
       (c) Security and Accountability for Every Port Act of 
     2006.--The Security and Accountability for Every Port Act of 
     2006 (6 U.S.C. 901 et seq.) is amended--
       (1) in section 1(b) (Public Law 109-347; 120 Stat 1884), by 
     striking the item relating to section 502; and
       (2) by striking section 502 (6 U.S.C. 592a).

     SEC. 5143. RULE OF CONSTRUCTION.

       Nothing in this chapter or the amendments made by this 
     chapter shall be construed to affect or diminish the 
     authorities or responsibilities of the Under Secretary for 
     Science and Technology.

                  CHAPTER 2--OFFICE OF HEALTH SECURITY

     SEC. 5144. OFFICE OF HEALTH SECURITY.

       (a) Establishment.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (1) in section 103 (6 U.S.C. 113)--
       (A) in subsection (a)(2)--
       (i) by striking ``the Assistant Secretary for Health 
     Affairs,''; and
       (ii) by striking ``Affairs, or'' and inserting ``Affairs 
     or''; and
       (B) in subsection (d), by adding at the end the following:
       ``(6) A Chief Medical Officer.'';
       (2) by adding at the end the following:

              ``TITLE XXIII--OFFICE OF HEALTH SECURITY'';

       (3) by redesignating section 1931 (6 U.S.C. 597) as section 
     2301 and transferring such section to appear after the 
     heading for title XXIII, as added by paragraph (2); and
       (4) in section 2301, as so redesignated--
       (A) in the section heading, by striking ``chief medical 
     officer'' and inserting ``office of health security'';
       (B) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) In General.--There is established in the Department 
     an Office of Health Security.
       ``(b) Head of Office of Health Security.--The Office of 
     Health Security shall be headed by a chief medical officer, 
     who shall--
       ``(1) be the Assistant Secretary for Health Security and 
     the Chief Medical Officer of the Department;
       ``(2) be a licensed physician possessing a demonstrated 
     ability in and knowledge of medicine and public health;
       ``(3) be appointed by the President; and
       ``(4) report directly to the Secretary.'';
       (C) in subsection (c)--

[[Page S6032]]

       (i) in the matter preceding paragraph (1), by striking 
     ``medical issues related to natural disasters, acts of 
     terrorism, and other man-made disasters'' and inserting 
     ``oversight of all medical, public health, and workforce 
     health and safety matters of the Department'';
       (ii) in paragraph (1), by striking ``, the Administrator of 
     the Federal Emergency Management Agency, the Assistant 
     Secretary, and other Department officials'' and inserting 
     ``and all other Department officials'';
       (iii) in paragraph (4), by striking ``and'' at the end;
       (iv) by redesignating paragraph (5) as paragraph (13); and
       (v) by inserting after paragraph (4) the following:
       ``(5) overseeing all medical and public health activities 
     of the Department, including the delivery, advisement, and 
     oversight of direct patient care and the organization, 
     management, and staffing of component operations that deliver 
     direct patient care;
       ``(6) advising the head of each component of the Department 
     that delivers direct patient care regarding the recruitment 
     and appointment of a component chief medical officer and 
     deputy chief medical officer or the employee who functions in 
     the capacity of chief medical officer and deputy chief 
     medical officer;
       ``(7) advising the Secretary and the head of each component 
     of the Department that delivers direct patient care regarding 
     knowledge and skill standards for medical personnel and the 
     assessment of that knowledge and skill;
       ``(8) advising the Secretary and the head of each component 
     of the Department that delivers patient care regarding the 
     collection, storage, and oversight of medical records;
       ``(9) with respect to any psychological health counseling 
     or assistance program of the Department, including such a 
     program of a law enforcement, operational, or support 
     component of the Department, advising the head of each such 
     component with such a program regarding--
       ``(A) ensuring such program includes safeguards against 
     adverse action, including automatic referrals for a fitness 
     for duty examination, by such component with respect to any 
     employee solely because such employee self-identifies a need 
     for psychological health counseling or assistance or receives 
     such counseling or assistance;
       ``(B) increasing the availability and number of local 
     psychological health professionals with experience providing 
     psychological support services to personnel;
       ``(C) establishing a behavioral health curriculum for 
     employees at the beginning of their careers to provide 
     resources early regarding the importance of psychological 
     health;
       ``(D) establishing periodic management training on crisis 
     intervention and such component's psychological health 
     counseling or assistance program;
       ``(E) improving any associated existing employee peer 
     support programs, including by making additional training and 
     resources available for peer support personnel in the 
     workplace across such component;
       ``(F) developing and implementing a voluntary alcohol 
     treatment program that includes a safe harbor for employees 
     who seek treatment;
       ``(G) including, when appropriate, collaborating and 
     partnering with key employee stakeholders and, for those 
     components with employees with an exclusive representative, 
     the exclusive representative with respect to such a program;
       ``(10) in consultation with the Chief Information Officer 
     of the Department--
       ``(A) identifying methods and technologies for managing, 
     updating, and overseeing patient records; and
       ``(B) setting standards for technology used by the 
     components of the Department regarding the collection, 
     storage, and oversight of medical records;
       ``(11) advising the Secretary and the head of each 
     component of the Department that delivers direct patient care 
     regarding contracts for the delivery of direct patient care, 
     other medical services, and medical supplies;
       ``(12) coordinating with the Countering Weapons of Mass 
     Destruction Office and other components of the Department as 
     directed by the Secretary to enhance the ability of Federal, 
     State, local, Tribal, and territorial governments to prevent, 
     detect, protect against, and mitigate the health effects of 
     chemical, biological, radiological, and nuclear issues; 
     and''; and
       (D) by adding at the end the following:
       ``(d) Assistance and Agreements.--The Secretary, acting 
     through the Chief Medical Officer, in support of the medical 
     and public health activities of the Department, may--
       ``(1) provide technical assistance, training, and 
     information and distribute funds through grants and 
     cooperative agreements to State, local, Tribal, and 
     territorial governments and nongovernmental organizations;
       ``(2) enter into other transactions;
       ``(3) enter into agreements with other Federal agencies; 
     and
       ``(4) accept services from personnel of components of the 
     Department and other Federal agencies on a reimbursable or 
     nonreimbursable basis.
       ``(e) Office of Health Security Privacy Officer.--There 
     shall be a Privacy Officer in the Office of Health Security 
     with primary responsibility for privacy policy and compliance 
     within the Office, who shall--
       ``(1) report directly to the Chief Medical Officer; and
       ``(2) ensure privacy protections are integrated into all 
     Office of Health Security activities, subject to the review 
     and approval of the Privacy Officer of the Department to the 
     extent consistent with the authority of the Privacy Officer 
     of the Department under section 222.
       ``(f) Accountability.--
       ``(1) Strategy and implementation plan.--Not later than 180 
     days after the date of enactment of this section, and every 4 
     years thereafter, the Secretary shall create a Departmentwide 
     strategy and implementation plan to address health threats.
       ``(2) Briefing.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall brief the 
     appropriate congressional committees on the organizational 
     transformations of the Office of Health Security, including 
     how best practices were used in the creation of the Office of 
     Health Security.'';
       (5) by redesignating section 710 (6 U.S.C. 350) as section 
     2302 and transferring such section to appear after section 
     2301, as so redesignated;
       (6) in section 2302, as so redesignated--
       (A) in the section heading, by striking ``medical support'' 
     and inserting ``safety'';
       (B) in subsection (a), by striking ``Under Secretary for 
     Management'' each place that term appears and inserting 
     ``Chief Medical Officer''; and
       (C) in subsection (b)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Under Secretary for Management, in coordination with the 
     Chief Medical Officer,'' and inserting ``Chief Medical 
     Officer''; and
       (ii) in paragraph (3), by striking ``as deemed appropriate 
     by the Under Secretary,'';
       (7) by redesignating section 528 (6 U.S.C. 321q) as section 
     2303 and transferring such section to appear after section 
     2302, as so redesignated; and
       (8) in section 2303(a), as so redesignated, by striking 
     ``Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office'' and inserting ``Chief Medical Officer''.
       (b) Transition and Transfers.--
       (1) Transition.--The individual appointed pursuant to 
     section 1931 of the Homeland Security Act of 2002 (6 U.S.C. 
     597) of the Department of Homeland Security, as in effect on 
     the day before the date of enactment of this Act, and serving 
     as the Chief Medical Officer of the Department of Homeland 
     Security on the day before the date of enactment of this Act, 
     shall continue to serve as the Chief Medical Officer of the 
     Department on and after the date of enactment of this Act 
     without the need for reappointment.
       (2) Rule of construction.--The rule of construction 
     described in section 2(hh) of the Presidential Appointment 
     Efficiency and Streamlining Act of 2011 (5 U.S.C. 3132 note) 
     shall not apply to the Chief Medical Officer of the 
     Department of Homeland Security, including the incumbent who 
     holds the position on the day before the date of enactment of 
     this Act, and such officer shall be paid pursuant to section 
     3132(a)(2) or 5315 of title 5, United States Code.
       (3) Transfer.--The Secretary of Homeland Security shall 
     transfer to the Chief Medical Officer of the Department of 
     Homeland Security--
       (A) all functions, personnel, budget authority, and assets 
     of the Under Secretary for Management relating to workforce 
     health and safety, as in existence on the day before the date 
     of enactment of this Act;
       (B) all functions, personnel, budget authority, and assets 
     of the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office relating to the Chief Medical Officer, 
     including the Medical Operations Directorate of the 
     Countering Weapons of Mass Destruction Office, as in 
     existence on the day before the date of enactment of this 
     Act; and
       (C) all functions, personnel, budget authority, and assets 
     of the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office associated with the efforts pertaining to 
     the program coordination activities relating to defending the 
     food, agriculture, and veterinary defenses of the Office, as 
     in existence on the day before the date of enactment of this 
     Act.

     SEC. 5145. MEDICAL COUNTERMEASURES PROGRAM.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended by redesignating section 1932 (6 U.S.C. 597a) as 
     section 2304 and transferring such section to appear after 
     section 2303, as so redesignated by section 5144 of this 
     subtitle.

     SEC. 5146. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       Title XXIII of the Homeland Security Act of 2002, as added 
     by this chapter, is amended by adding at the end the 
     following:

     ``SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       ``(a) Definitions.--In this section:
       ``(1) Health care provider.--The term `health care 
     provider' means an individual who--
       ``(A) is--
       ``(i) an employee of the Department;
       ``(ii) a detailee to the Department from another Federal 
     agency;
       ``(iii) a personal services contractor of the Department; 
     or
       ``(iv) hired under a contract for services;
       ``(B) performs health care services as part of duties of 
     the individual in that capacity; and

[[Page S6033]]

       ``(C) has a current, valid, and unrestricted license or 
     certification--
       ``(i) that is issued by a State, the District of Columbia, 
     or a commonwealth, territory, or possession of the United 
     States; and
       ``(ii) that is for the practice of medicine, osteopathic 
     medicine, dentistry, nursing, emergency medical services, or 
     another health profession.
       ``(2) Medical quality assurance program.--The term `medical 
     quality assurance program' means any activity carried out by 
     the Department to assess the quality of medical care, 
     including activities conducted by individuals, committees, or 
     other review bodies responsible for quality assurance, 
     credentials, infection control, incident reporting, the 
     delivery, advisement, and oversight of direct patient care 
     and assessment (including treatment procedures, blood, drugs, 
     and therapeutics), medical records, health resources 
     management review, and identification and prevention of 
     medical, mental health, or dental incidents and risks.
       ``(3) Medical quality assurance record of the department.--
     The term `medical quality assurance record of the Department' 
     means all information, including the proceedings, records 
     (including patient records that the Department creates and 
     maintains as part of a system of records), minutes, and 
     reports that--
       ``(A) emanate from quality assurance program activities 
     described in paragraph (2); and
       ``(B) are produced or compiled by the Department as part of 
     a medical quality assurance program.
       ``(b) Confidentiality of Records.--A medical quality 
     assurance record of the Department that is created as part of 
     a medical quality assurance program--
       ``(1) is confidential and privileged; and
       ``(2) except as provided in subsection (d), may not be 
     disclosed to any person or entity.
       ``(c) Prohibition on Disclosure and Testimony.--Except as 
     otherwise provided in this section--
       ``(1) no part of any medical quality assurance record of 
     the Department may be subject to discovery or admitted into 
     evidence in any judicial or administrative proceeding; and
       ``(2) an individual who reviews or creates a medical 
     quality assurance record of the Department or who 
     participates in any proceeding that reviews or creates a 
     medical quality assurance record of the Department may not be 
     permitted or required to testify in any judicial or 
     administrative proceeding with respect to the record or with 
     respect to any finding, recommendation, evaluation, opinion, 
     or action taken by that individual in connection with the 
     record.
       ``(d) Authorized Disclosure and Testimony.--
       ``(1) In general.--Subject to paragraph (2), a medical 
     quality assurance record of the Department may be disclosed, 
     and a person described in subsection (c)(2) may give 
     testimony in connection with the record, only as follows:
       ``(A) To a Federal agency or private organization, if the 
     medical quality assurance record of the Department or 
     testimony is needed by the Federal agency or private 
     organization to--
       ``(i) perform licensing or accreditation functions related 
     to Department health care facilities, a facility affiliated 
     with the Department, or any other location authorized by the 
     Secretary for the performance of health care services; or
       ``(ii) perform monitoring, required by law, of Department 
     health care facilities, a facility affiliated with the 
     Department, or any other location authorized by the Secretary 
     for the performance of health care services.
       ``(B) To an administrative or judicial proceeding 
     concerning an adverse action related to the credentialing of 
     or health care provided by a present or former health care 
     provider by the Department.
       ``(C) To a governmental board or agency or to a 
     professional health care society or organization, if the 
     medical quality assurance record of the Department or 
     testimony is needed by the board, agency, society, or 
     organization to perform licensing, credentialing, or the 
     monitoring of professional standards with respect to any 
     health care provider who is or was a health care provider for 
     the Department.
       ``(D) To a hospital, medical center, or other institution 
     that provides health care services, if the medical quality 
     assurance record of the Department or testimony is needed by 
     the institution to assess the professional qualifications of 
     any health care provider who is or was a health care provider 
     for the Department and who has applied for or been granted 
     authority or employment to provide health care services in or 
     on behalf of the institution.
       ``(E) To an employee, a detailee, or a contractor of the 
     Department who has a need for the medical quality assurance 
     record of the Department or testimony to perform official 
     duties or duties within the scope of their contract.
       ``(F) To a criminal or civil law enforcement agency or 
     instrumentality charged under applicable law with the 
     protection of the public health or safety, if a qualified 
     representative of the agency or instrumentality makes a 
     written request that the medical quality assurance record of 
     the Department or testimony be provided for a purpose 
     authorized by law.
       ``(G) In an administrative or judicial proceeding commenced 
     by a criminal or civil law enforcement agency or 
     instrumentality described in subparagraph (F), but only with 
     respect to the subject of the proceeding.
       ``(2) Personally identifiable information.--
       ``(A) In general.--With the exception of the subject of a 
     quality assurance action, personally identifiable information 
     of any person receiving health care services from the 
     Department or of any other person associated with the 
     Department for purposes of a medical quality assurance 
     program that is disclosed in a medical quality assurance 
     record of the Department shall be deleted from that record 
     before any disclosure of the record is made outside the 
     Department.
       ``(B) Application.--The requirement under subparagraph (A) 
     shall not apply to the release of information that is 
     permissible under section 552a of title 5, United States Code 
     (commonly known as the `Privacy Act of 1974').
       ``(e) Disclosure for Certain Purposes.--Nothing in this 
     section shall be construed--
       ``(1) to authorize or require the withholding from any 
     person or entity aggregate statistical information regarding 
     the results of medical quality assurance programs; or
       ``(2) to authorize the withholding of any medical quality 
     assurance record of the Department from a committee of either 
     House of Congress, any joint committee of Congress, or the 
     Comptroller General of the United States if the record 
     pertains to any matter within their respective jurisdictions.
       ``(f) Prohibition on Disclosure of Information, Record, or 
     Testimony.--A person or entity having possession of or access 
     to a medical quality assurance record of the Department or 
     testimony described in this section may not disclose the 
     contents of the record or testimony in any manner or for any 
     purpose except as provided in this section.
       ``(g) Exemption From Freedom of Information Act.--A medical 
     quality assurance record of the Department shall be exempt 
     from disclosure under section 552(b)(3) of title 5, United 
     States Code (commonly known as the `Freedom of Information 
     Act').
       ``(h) Limitation on Civil Liability.--A person who 
     participates in the review or creation of, or provides 
     information to a person or body that reviews or creates, a 
     medical quality assurance record of the Department shall not 
     be civilly liable for that participation or for providing 
     that information if the participation or provision of 
     information was provided in good faith based on prevailing 
     professional standards at the time the medical quality 
     assurance program activity took place.
       ``(i) Application to Information in Certain Other 
     Records.--Nothing in this section shall be construed as 
     limiting access to the information in a record created and 
     maintained outside a medical quality assurance program, 
     including the medical record of a patient, on the grounds 
     that the information was presented during meetings of a 
     review body that are part of a medical quality assurance 
     program.
       ``(j) Penalty.--Any person who willfully discloses a 
     medical quality assurance record of the Department other than 
     as provided in this section, knowing that the record is a 
     medical quality assurance record of the Department shall be 
     fined not more than $3,000 in the case of a first offense and 
     not more than $20,000 in the case of a subsequent offense.
       ``(k) Relationship to Coast Guard.--The requirements of 
     this section shall not apply to any medical quality assurance 
     record of the Department that is created by or for the Coast 
     Guard as part of a medical quality assurance program.''.

     SEC. 5147. PORTABILITY OF LICENSURE.

       (a) Transfer.--Section 16005 of the CARES Act (6 U.S.C. 320 
     note) is redesignated as section 2306 of the Homeland 
     Security Act of 2002 and transferred so as to appear after 
     section 2305, as added by section 5146 of this subtitle.
       (b) Repeal.--Section 2306 of the Homeland Security Act of 
     2002, as so redesignated by subsection (a), is amended by 
     striking subsection (c).

     SEC. 5148. TECHNICAL AND CONFORMING AMENDMENTS.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended--
       (1) in the table of contents in section 1(b) (Public Law 
     107-296; 116 Stat. 2135)--
       (A) by striking the items relating to sections 528 and 529 
     and inserting the following:

``Sec. 528. Transfer of equipment during a public health emergency.'';
       (B) by striking the items relating to sections 710, 711, 
     712, and 713 and inserting the following:

``Sec. 710. Employee engagement.
``Sec. 711. Annual employee award program.
``Sec. 712. Acquisition professional career program.'';
       (C) by inserting after the item relating to section 1928 
     the following:

``Sec. 1929. Accountability.'';
       (D) by striking the items relating to subtitle C of title 
     XIX and sections 1931 and 1932; and
       (E) by adding at the end the following:

                ``TITLE XXIII--OFFICE OF HEALTH SECURITY

``Sec. 2301. Office of Health Security.
``Sec. 2302. Workforce health and safety.
``Sec. 2303. Coordination of Department of Homeland Security efforts 
              related to food, agriculture, and veterinary defense 
              against terrorism.

[[Page S6034]]

``Sec. 2304. Medical countermeasures.
``Sec. 2305. Confidentiality of medical quality assurance records.
``Sec. 2306. Portability of licensure.'';
       (2) by redesignating section 529 (6 U.S.C. 321r) as section 
     528;
       (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by striking 
     ``section 711(a)'' and inserting ``section 710(a))'';
       (4) by redesignating sections 711, 712, and 713 as sections 
     710, 711, and 712, respectively;
       (5) in subsection (d)(3) of section 1923 (6 U.S.C. 592), as 
     so redesignated by section 5142 of this Act--
       (A) in the paragraph heading, by striking ``Hawaiian 
     native-serving'' and inserting ``Native hawaiian-serving''; 
     and
       (B) by striking ``Hawaiian native-serving'' and inserting 
     `` `Native Hawaiian-serving'';
       (6) by striking the subtitle heading for subtitle C of 
     title XIX; and
       (7) in section 2306, as so redesignated by section 5147 of 
     this chapter--
       (A) by inserting ``portability of licensure.'' after 
     ``2306.''; and
       (B) in subsection (a), by striking ``(a) Notwithstanding'' 
     and inserting the following:
       ``(a) In General.--Notwithstanding''.

                Subtitle F--Satellite Cybersecurity Act

     SEC. 5151. SHORT TITLE.

       This subtitle may be cited as the ``Satellite Cybersecurity 
     Act''.

     SEC. 5152. DEFINITIONS.

       In this subtitle:
       (1) Clearinghouse.--The term ``clearinghouse'' means the 
     commercial satellite system cybersecurity clearinghouse 
     required to be developed and maintained under section 
     5154(b)(1).
       (2) Commercial satellite system.--The term ``commercial 
     satellite system''--
       (A) means a system that--
       (i) is owned or operated by a non-Federal entity based in 
     the United States; and
       (ii) is composed of not less than 1 earth satellite; and
       (B) includes--
       (i) any ground support infrastructure for each satellite in 
     the system; and
       (ii) any transmission link among and between any satellite 
     in the system and any ground support infrastructure in the 
     system.
       (3) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in subsection 
     (e) of the Critical Infrastructure Protection Act of 2001 (42 
     U.S.C. 5195c(e)).
       (4) Cybersecurity risk.--The term ``cybersecurity risk'' 
     has the meaning given the term in section 2200 of the 
     Homeland Security Act of 2002, as added by section 5194 of 
     this Act.
       (5) Cybersecurity threat.--The term ``cybersecurity 
     threat'' has the meaning given the term in section 2200 of 
     the Homeland Security Act of 2002, as added by section 5194 
     of this Act.

     SEC. 5153. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the actions the Federal Government 
     has taken to support the cybersecurity of commercial 
     satellite systems, including as part of any action to address 
     the cybersecurity of critical infrastructure sectors.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall report to the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Homeland Security and the Committee on Space, Science, and 
     Technology of the House of Representatives on the study 
     conducted under subsection (a), which shall include 
     information on--
       (1) efforts of the Federal Government to--
       (A) address or improve the cybersecurity of commercial 
     satellite systems; and
       (B) support related efforts with international entities or 
     the private sector;
       (2) the resources made available to the public by Federal 
     agencies to address cybersecurity risks and threats to 
     commercial satellite systems, including resources made 
     available through the clearinghouse;
       (3) the extent to which commercial satellite systems and 
     the cybersecurity threats to such systems are addressed in 
     Federal and non-Federal critical infrastructure risk analyses 
     and protection plans;
       (4) the extent to which Federal agencies are reliant on 
     satellite systems owned wholly or in part or controlled by 
     foreign entities, and how Federal agencies mitigate 
     associated cybersecurity risks;
       (5) the extent to which Federal agencies coordinate or 
     duplicate authorities and take other actions focused on the 
     cybersecurity of commercial satellite systems; and
       (6) as determined appropriate by the Comptroller General of 
     the United States, recommendations for further Federal action 
     to support the cybersecurity of commercial satellite systems, 
     including recommendations on information that should be 
     shared through the clearinghouse.
       (c) Consultation.--In carrying out subsections (a) and (b), 
     the Comptroller General of the United States shall coordinate 
     with appropriate Federal agencies and organizations, 
     including--
       (1) the Department of Homeland Security;
       (2) the Department of Commerce;
       (3) the Department of Defense;
       (4) the Department of Transportation;
       (5) the Federal Communications Commission;
       (6) the National Aeronautics and Space Administration;
       (7) the National Executive Committee for Space-Based 
     Positioning, Navigation, and Timing; and
       (8) the National Space Council.
       (d) Briefing.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall provide a briefing to the appropriate 
     congressional committees on the study conducted under 
     subsection (a).
       (e) Classification.--The report made under subsection (b) 
     shall be unclassified but may include a classified annex.

     SEC. 5154. RESPONSIBILITIES OF THE CYBERSECURITY AND 
                   INFRASTRUCTURE SECURITY AGENCY.

       (a) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Cybersecurity and Infrastructure Security Agency.
       (2) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (b) Establishment of Commercial Satellite System 
     Cybersecurity Clearinghouse.--
       (1) In general.--Subject to the availability of 
     appropriations, not later than 180 days after the date of 
     enactment of this Act, the Director shall develop and 
     maintain a commercial satellite system cybersecurity 
     clearinghouse.
       (2) Requirements.--The clearinghouse--
       (A) shall be publicly available online;
       (B) shall contain publicly available commercial satellite 
     system cybersecurity resources, including the voluntary 
     recommendations consolidated under subsection (c)(1);
       (C) shall contain appropriate materials for reference by 
     entities that develop, operate, or maintain commercial 
     satellite systems;
       (D) shall contain materials specifically aimed at assisting 
     small business concerns with the secure development, 
     operation, and maintenance of commercial satellite systems; 
     and
       (E) may contain controlled unclassified information 
     distributed to commercial entities through a process 
     determined appropriate by the Director.
       (3) Content maintenance.--The Director shall maintain 
     current and relevant cybersecurity information on the 
     clearinghouse.
       (4) Existing platform or website.--To the extent 
     practicable, the Director shall establish and maintain the 
     clearinghouse using an online platform, a website, or a 
     capability in existence as of the date of enactment of this 
     Act.
       (c) Consolidation of Commercial Satellite System 
     Cybersecurity Recommendations.--
       (1) In general.--The Director shall consolidate voluntary 
     cybersecurity recommendations designed to assist in the 
     development, maintenance, and operation of commercial 
     satellite systems.
       (2) Requirements.--The recommendations consolidated under 
     paragraph (1) shall include materials appropriate for a 
     public resource addressing the following:
       (A) Risk-based, cybersecurity-informed engineering, 
     including continuous monitoring and resiliency.
       (B) Planning for retention or recovery of positive control 
     of commercial satellite systems in the event of a 
     cybersecurity incident.
       (C) Protection against unauthorized access to vital 
     commercial satellite system functions.
       (D) Physical protection measures designed to reduce the 
     vulnerabilities of a commercial satellite system's command, 
     control, and telemetry receiver systems.
       (E) Protection against jamming, eavesdropping, hijacking, 
     computer network exploitation, spoofing, threats to optical 
     satellite communications, and electromagnetic pulse.
       (F) Security against threats throughout a commercial 
     satellite system's mission lifetime.
       (G) Management of supply chain risks that affect the 
     cybersecurity of commercial satellite systems.
       (H) Protection against vulnerabilities posed by ownership 
     of commercial satellite systems or commercial satellite 
     system companies by foreign entities.
       (I) Protection against vulnerabilities posed by locating 
     physical infrastructure, such as satellite ground control 
     systems, in foreign countries.
       (J) As appropriate, and as applicable pursuant to the 
     maintenance requirement under subsection (b)(3), relevant 
     findings and recommendations from the study conducted by the 
     Comptroller General of the United States under section 
     5153(a).
       (K) Any other recommendations to ensure the 
     confidentiality, availability, and integrity of data residing 
     on or in transit through commercial satellite systems.
       (d) Implementation.--In implementing this section, the 
     Director shall--
       (1) to the extent practicable, carry out the implementation 
     in partnership with the private sector;
       (2) coordinate with--
       (A) the National Space Council and the head of any other 
     agency determined appropriate by the National Space Council; 
     and

[[Page S6035]]

       (B) the heads of appropriate Federal agencies with 
     expertise and experience in satellite operations, including 
     the entities described in section 5153(c) to enable the 
     alignment of Federal efforts on commercial satellite system 
     cybersecurity and, to the extent practicable, consistency in 
     Federal recommendations relating to commercial satellite 
     system cybersecurity; and
       (3) consult with non-Federal entities developing commercial 
     satellite systems or otherwise supporting the cybersecurity 
     of commercial satellite systems, including private, consensus 
     organizations that develop relevant standards.
       (e) Sunset and Report.--
       (1) In general.--This section shall cease to have force or 
     effect on the date that is 7 years after the date of the 
     enactment of this Act.
       (2) Report.--Not later than 6 years after the date of 
     enactment of this Act, the Director shall submit to the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security and the 
     Committee on Space, Science, and Technology of the House of 
     Representatives a report summarizing--
       (A) any partnership with the private sector described in 
     subsection (d)(1);
       (B) any consultation with a non-Federal entity described in 
     subsection (d)(3);
       (C) the coordination carried out pursuant to subsection 
     (d)(2);
       (D) the establishment and maintenance of the clearinghouse 
     pursuant to subsection (b);
       (E) the recommendations consolidated pursuant to subsection 
     (c)(1); and
       (F) any feedback received by the Director on the 
     clearinghouse from non-Federal entities.

     SEC. 5155. STRATEGY.

       Not later than 120 days after the date of the enactment of 
     this Act, the National Space Council, in coordination with 
     the Director of the Office of Space Commerce and the heads of 
     other relevant agencies, shall submit to the Committee on 
     Commerce, Science, and Transportation and the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Space, Science, and Technology and the 
     Committee on Homeland Security of the House of 
     Representatives a strategy for the activities of Federal 
     agencies to address and improve the cybersecurity of 
     commercial satellite systems, which shall include an 
     identification of--
       (1) proposed roles and responsibilities for relevant 
     agencies; and
       (2) as applicable, the extent to which cybersecurity 
     threats to such systems are addressed in Federal and non-
     Federal critical infrastructure risk analyses and protection 
     plans.

     SEC. 5156. RULES OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to--
       (1) designate commercial satellite systems or other space 
     assets as a critical infrastructure sector; or
       (2) infringe upon or alter the authorities of the agencies 
     described in section 5153(c).

                       Subtitle G--Pray Safe Act

     SEC. 5161. SHORT TITLE.

       This subtitle may be cited as the ``Pray Safe Act''.

     SEC. 5162. DEFINITIONS.

       In this subtitle--
       (1) the term ``Clearinghouse'' means the Federal 
     Clearinghouse on Safety Best Practices for Faith-Based 
     Organizations and Houses of Worship established under section 
     2220E of the Homeland Security Act of 2002, as added by 
     section 5163 of this subtitle;
       (2) the term ``Department'' means the Department of 
     Homeland Security;
       (3) the terms ``faith-based organization'' and ``house of 
     worship'' have the meanings given such terms under section 
     2220E of the Homeland Security Act of 2002, as added by 
     section 5163 of this subtitle; and
       (4) the term ``Secretary'' means the Secretary of Homeland 
     Security.

     SEC. 5163. FEDERAL CLEARINGHOUSE ON SAFETY AND SECURITY BEST 
                   PRACTICES FOR FAITH-BASED ORGANIZATIONS AND 
                   HOUSES OF WORSHIP.

       (a) In General.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 2220E. FEDERAL CLEARINGHOUSE ON SAFETY AND SECURITY 
                   BEST PRACTICES FOR FAITH-BASED ORGANIZATIONS 
                   AND HOUSES OF WORSHIP.

       ``(a) Definitions.--In this section--
       ``(1) the term `Clearinghouse' means the Clearinghouse on 
     Safety and Security Best Practices for Faith-Based 
     Organizations and Houses of Worship established under 
     subsection (b)(1);
       ``(2) the term `faith-based organization' means a group, 
     center, or nongovernmental organization with a religious, 
     ideological, or spiritual motivation, character, affiliation, 
     or purpose;
       ``(3) the term `house of worship' means a place or 
     building, including synagogues, mosques, temples, and 
     churches, in which congregants practice their religious or 
     spiritual beliefs; and
       ``(4) the term `safety and security', for the purpose of 
     the Clearinghouse, means prevention of, protection against, 
     or recovery from threats, including manmade disasters, 
     natural disasters, or violent attacks.
       ``(b) Establishment.--
       ``(1) In general.--Not later than 270 days after the date 
     of enactment of the Pray Safe Act, the Secretary, in 
     consultation with the Attorney General, the Executive 
     Director of the White House Office of Faith-Based and 
     Neighborhood Partnerships, and the head of any other agency 
     that the Secretary determines appropriate, shall establish a 
     Federal Clearinghouse on Safety and Security Best Practices 
     for Faith-Based Organizations and Houses of Worship within 
     the Department.
       ``(2) Purpose.--The Clearinghouse shall be the primary 
     resource of the Federal Government--
       ``(A) to educate and publish online best practices and 
     recommendations for safety and security for faith-based 
     organizations and houses of worship; and
       ``(B) to provide information relating to Federal grant 
     programs available to faith-based organizations and houses of 
     worship.
       ``(3) Personnel.--
       ``(A) Assignments.--The Clearinghouse shall be assigned 
     such personnel and resources as the Secretary considers 
     appropriate to carry out this section.
       ``(B) Detailees.--The Secretary may coordinate detailees as 
     required for the Clearinghouse.
       ``(C) Designated point of contact.--There shall be not less 
     than 1 employee assigned or detailed to the Clearinghouse who 
     shall be the designated point of contact to provide 
     information and assistance to faith-based organizations and 
     houses of worship, including assistance relating to the grant 
     program established under section 5165 of the Pray Safe Act. 
     The contact information of the designated point of contact 
     shall be made available on the website of the Clearinghouse.
       ``(D) Qualification.--To the maximum extent possible, any 
     personnel assigned or detailed to the Clearinghouse under 
     this paragraph should be familiar with faith-based 
     organizations and houses of worship and with physical and 
     online security measures to identify and prevent safety and 
     security risks.
       ``(c) Clearinghouse Contents.--
       ``(1) Evidence-based tiers.--
       ``(A) In general.--The Secretary, in consultation with the 
     Attorney General, the Executive Director of the White House 
     Office of Faith-Based and Neighborhood Partnerships, and the 
     head of any other agency that the Secretary determines 
     appropriate, shall develop tiers for determining evidence-
     based practices that demonstrate a significant effect on 
     improving safety or security, or both, for faith-based 
     organizations and houses of worship.
       ``(B) Requirements.--The tiers required to be developed 
     under subparagraph (A) shall--
       ``(i) prioritize--

       ``(I) strong evidence from not less than 1 well-designed 
     and well-implemented experimental study; and
       ``(II) moderate evidence from not less than 1 well-designed 
     and well-implemented quasi-experimental study; and

       ``(ii) consider promising evidence that demonstrates a 
     rationale based on high-quality research findings or positive 
     evaluations that such activity, strategy, or intervention is 
     likely to improve security and promote safety for faith-based 
     organizations and houses of worship.
       ``(2) Criteria for best practices and recommendations.--The 
     best practices and recommendations of the Clearinghouse 
     shall, at a minimum--
       ``(A) identify areas of concern for faith-based 
     organizations and houses of worship, including event planning 
     recommendations, checklists, facility hardening, tabletop 
     exercise resources, and other resilience measures;
       ``(B) involve comprehensive safety measures, including 
     threat prevention, preparedness, protection, mitigation, 
     incident response, and recovery to improve the safety posture 
     of faith-based organizations and houses of worship upon 
     implementation;
       ``(C) involve comprehensive safety measures, including 
     preparedness, protection, mitigation, incident response, and 
     recovery to improve the resiliency of faith-based 
     organizations and houses of worship from manmade and natural 
     disasters;
       ``(D) include any evidence or research rationale supporting 
     the determination of the Clearinghouse that the best 
     practices or recommendations under subparagraph (B) have been 
     shown to have a significant effect on improving the safety 
     and security of individuals in faith-based organizations and 
     houses of worship, including--
       ``(i) findings and data from previous Federal, State, 
     local, Tribal, territorial, private sector, and 
     nongovernmental organization research centers relating to 
     safety, security, and targeted violence at faith-based 
     organizations and houses of worship; and
       ``(ii) other supportive evidence or findings relied upon by 
     the Clearinghouse in determining best practices and 
     recommendations to improve the safety and security posture of 
     a faith-based organization or house of worship upon 
     implementation; and
       ``(E) include an overview of the available resources the 
     Clearinghouse can provide for faith-based organizations and 
     houses of worship.
       ``(3) Additional information.--The Clearinghouse shall 
     maintain and make available a comprehensive index of all 
     Federal grant programs for which faith-based organizations 
     and houses of worship are eligible, which shall include the 
     performance metrics for each grant management that the 
     recipient will be required to provide.

[[Page S6036]]

       ``(4) Past recommendations.--To the greatest extent 
     practicable, the Clearinghouse shall identify and present, as 
     appropriate, best practices and recommendations issued by 
     Federal, State, local, Tribal, territorial, private sector, 
     and nongovernmental organizations relevant to the safety and 
     security of faith-based organizations and houses of worship.
       ``(d) Assistance and Training.--The Secretary may produce 
     and publish materials on the Clearinghouse to assist and 
     train faith-based organizations, houses of worship, and law 
     enforcement agencies on the implementation of the best 
     practices and recommendations.
       ``(e) Continuous Improvement.--
       ``(1) In general.--The Secretary shall--
       ``(A) collect for the purpose of continuous improvement of 
     the Clearinghouse--
       ``(i) Clearinghouse data analytics;
       ``(ii) user feedback on the implementation of resources, 
     best practices, and recommendations identified by the 
     Clearinghouse; and
       ``(iii) any evaluations conducted on implementation of the 
     best practices and recommendations of the Clearinghouse; and
       ``(B) in coordination with the Faith-Based Security 
     Advisory Council of the Department, the Department of 
     Justice, the Executive Director of the White House Office of 
     Faith-Based and Neighborhood Partnerships, and any other 
     agency that the Secretary determines appropriate--
       ``(i) assess and identify Clearinghouse best practices and 
     recommendations for which there are no resources available 
     through Federal Government programs for implementation;
       ``(ii) provide feedback on the implementation of best 
     practices and recommendations of the Clearinghouse; and
       ``(iii) propose additional recommendations for best 
     practices for inclusion in the Clearinghouse; and
       ``(C) not less frequently than annually, examine and update 
     the Clearinghouse in accordance with--
       ``(i) the information collected under subparagraph (A); and
       ``(ii) the recommendations proposed under subparagraph 
     (B)(iii).
       ``(2) Annual report to congress.--The Secretary shall 
     submit to Congress, on an annual basis, a report on the 
     updates made to the Clearinghouse during the preceding 1-year 
     period under paragraph (1)(C), which shall include a 
     description of any changes made to the Clearinghouse.''.
       (b) Technical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended--
       (1) by moving the item relating to section 2220D to appear 
     after the item relating to section 2220C; and
       (2) by inserting after the item relating to section 2220D 
     the following:

``Sec. 2220E. Federal Clearinghouse on Safety Best Practices for Faith-
              Based Organizations and Houses of Worship.''.

     SEC. 5164. NOTIFICATION OF CLEARINGHOUSE.

       The Secretary shall provide written notification of the 
     establishment of the Clearinghouse, with an overview of the 
     resources required as described in section 2220E of the 
     Homeland Security Act of 2002, as added by section 5163 of 
     this subtitle, and section 5165 of this subtitle, to--
       (1) every State homeland security advisor;
       (2) every State department of homeland security;
       (3) other Federal agencies with grant programs or 
     initiatives that aid in the safety and security of faith-
     based organizations and houses of worship, as determined 
     appropriate by the Secretary;
       (4) every Federal Bureau of Investigation Joint Terrorism 
     Task Force;
       (5) every Homeland Security Fusion Center;
       (6) every State or territorial Governor or other chief 
     executive;
       (7) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on the Judiciary of the Senate; and
       (8) the Committee on Homeland Security and the Committee on 
     the Judiciary of the House of Representatives.

     SEC. 5165. GRANT PROGRAM OVERVIEW.

       (a) DHS Grants and Resources.--The Secretary shall include 
     a grants program overview on the website of the Clearinghouse 
     that shall--
       (1) be the primary location for all information regarding 
     Department grant programs that are open to faith-based 
     organizations and houses of worship;
       (2) directly link to each grant application and any 
     applicable user guides;
       (3) identify all safety and security homeland security 
     assistance programs managed by the Department that may be 
     used to implement best practices and recommendation of the 
     Clearinghouse;
       (4) annually, and concurrent with the application period 
     for any grant identified under paragraph (1), provide 
     information related to the required elements of grant 
     applications to aid smaller faith based organizations and 
     houses of worship in earning access to Federal grants; and
       (5) provide frequently asked questions and answers for the 
     implementation of best practices and recommendations of the 
     Clearinghouse and best practices for applying for a grant 
     identified under paragraph (1).
       (b) Other Federal Grants and Resources.--Each Federal 
     agency notified under section 5164(3) shall provide necessary 
     information on any Federal grant programs or resources of the 
     Federal agency that are available for faith-based 
     organizations and houses of worship to the Secretary or the 
     appropriate point of contact for the Clearinghouse.
       (c) State Grants and Resources.--
       (1) In general.--Any State notified under paragraph (1), 
     (2), or (6) of section 5164 may provide necessary information 
     on any grant programs or resources of the State available for 
     faith-based organizations and houses of worship to the 
     Secretary or the appropriate point of contact for the 
     Clearinghouse.
       (2) Identification of resources.--The Clearinghouse shall, 
     to the extent practicable, identify, for each State--
       (A) each agency responsible for safety for faith-based 
     organizations and houses of worship in the State, or any 
     State that does not have such an agency designated;
       (B) any grant program that may be used for the purposes of 
     implementing best practices and recommendations of the 
     Clearinghouse; and
       (C) any resources or programs, including community 
     prevention or intervention efforts, that may be used to 
     assist in targeted violence and terrorism prevention.

     SEC. 5166. OTHER RESOURCES.

       The Secretary shall, on the website of the Clearinghouse, 
     include a separate section for other resources that shall 
     provide a centralized list of all available points of contact 
     to seek assistance in grant applications and in carrying out 
     the best practices and recommendations of the Clearinghouse, 
     including--
       (1) a list of contact information to reach Department 
     personnel to assist with grant-related questions;
       (2) the applicable Cybersecurity and Infrastructure 
     Security Agency contact information to connect houses of 
     worship with Protective Security Advisors;
       (3) contact information for all Department Fusion Centers, 
     listed by State;
       (4) information on the If you See Something Say Something 
     Campaign of the Department; and
       (5) any other appropriate contacts.

     SEC. 5167. RULE OF CONSTRUCTION.

       Nothing in this subtitle or the amendments made by this 
     subtitle shall be construed to create, satisfy, or waive any 
     requirement under Federal civil rights laws, including--
       (1) title II of the Americans With Disabilities Act of 1990 
     (42 U.S.C. 12131 et seq.); or
       (2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.).

     SEC. 5168. EXEMPTION.

       Chapter 35 of title 44, United States Code (commonly known 
     as the ``Paperwork Reduction Act'') shall not apply to any 
     rulemaking or information collection required under this 
     subtitle or under section 2220E of the Homeland Security Act 
     of 2002, as added by section 5163 of this subtitle.

      Subtitle H--Invent Here, Make Here for Homeland Security Act

     SEC. 5171. SHORT TITLE.

       This subtitle may be cited as the ``Invent Here, Make Here 
     for Homeland Security Act''.

     SEC. 5172. PREFERENCE FOR UNITED STATES INDUSTRY.

       Section 308 of the Homeland Security Act of 2002 (6 U.S.C. 
     188) is amended by adding at the end the following:
       ``(d) Preference for United States Industry.--
       ``(1) Definitions.--In this subsection:
       ``(A) Country of concern.--The term `country of concern' 
     means a country that--
       ``(i) is a covered nation, as that term is defined in 
     section 4872(d) of title 10, United States Code; or
       ``(ii) the Secretary determines is engaged in conduct that 
     is detrimental to the national security of the United States.
       ``(B) Funding agreement; nonprofit organization; subject 
     invention.--The terms `funding agreement', `nonprofit 
     organization', and `subject invention' have the meanings 
     given those terms in section 201 of title 35, United States 
     Code.
       ``(C) Manufactured substantially in the united states.--The 
     term `manufactured substantially in the United States' means 
     manufactured substantially from all articles, materials, or 
     supplies mined, produced, or manufactured in the United 
     States.
       ``(D) Relevant congressional committees.--The term 
     `relevant congressional committees' means--
       ``(i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(ii) the Committee on Homeland Security of the House of 
     Representatives.
       ``(2) Preference.--Subject to the other provisions of this 
     subsection, no firm or nonprofit organization which receives 
     title to any subject invention developed under a funding 
     agreement entered into with the Department and no assignee of 
     any such firm or nonprofit organization shall grant the 
     exclusive right to use or sell any subject invention unless 
     the products embodying the subject invention or produced 
     through the use of the subject invention will be manufactured 
     substantially in the United States.
       ``(3) Waivers.--
       ``(A) In general.--Subject to subparagraph (B), in 
     individual cases, the requirement for an agreement described 
     in paragraph (2) may be waived by the Secretary upon a 
     showing by the firm, nonprofit organization, or assignee that 
     reasonable but unsuccessful efforts have been made to grant 
     licenses on

[[Page S6037]]

     similar terms to potential licensees that would be likely to 
     manufacture substantially in the United States or that under 
     the circumstances domestic manufacture is not commercially 
     feasible.
       ``(B) Conditions on waivers granted by department.--
       ``(i) Before grant of waiver.--Before granting a waiver 
     under subparagraph (A), the Secretary shall--

       ``(I) consult with the relevant congressional committees 
     regarding the decision of the Secretary to grant the waiver; 
     and
       ``(II) comply with the procedures developed and implemented 
     pursuant to section 70923(b)(2) of the Build America, Buy 
     America Act (subtitle A of title IX of division G of Public 
     Law 117-58).

       ``(ii) Prohibition on granting certain waivers.--The 
     Secretary may not grant a waiver under subparagraph (A) if, 
     as a result of the waiver, products embodying the applicable 
     subject invention, or produced through the use of the 
     applicable subject invention, will be manufactured 
     substantially in a country of concern.''.

           Subtitle I--DHS Joint Task Forces Reauthorization

     SEC. 5181. SHORT TITLE.

       This subtitle may be cited as the ``DHS Joint Task Forces 
     Reauthorization Act of 2022''.

     SEC. 5182. SENSE OF THE SENATE.

        It is the sense of the Senate that the Department of 
     Homeland Security should consider using the authority under 
     subsection (b) of section 708 of the Homeland Security Act of 
     2002 (6 U.S.C. 348(b)) to create a Joint Task Force described 
     in such subsection to improve coordination and response to 
     the number of encounters and amount of seizures of illicit 
     narcotics along the southwest border.

     SEC. 5183. AMENDING SECTION 708 OF THE HOMELAND SECURITY ACT 
                   OF 2002.

       Section 708(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 348(b)) is amended--
       (1) by striking paragraph (8) and inserting the following:
       ``(8) Joint task force staff.--
       ``(A) In general.--Each Joint Task Force shall have a 
     staff, composed of officials from relevant components and 
     offices of the Department, to assist the Director of that 
     Joint Task Force in carrying out the mission and 
     responsibilities of that Joint Task Force.
       ``(B) Report.--The Secretary shall include in the report 
     submitted under paragraph (6)(F)--
       ``(i) the number of personnel permanently assigned to each 
     Joint Task Force by each component and office; and
       ``(ii) the number of personnel assigned on a temporary 
     basis to each Joint Task Force by each component and 
     office.'';
       (2) in paragraph (9)--
       (A) in the heading, by inserting ``strategy and of'' after 
     ``Establishment of'';
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) using leading practices in performance management and 
     lessons learned by other law enforcement task forces and 
     joint operations, establish a strategy for each Joint Task 
     Force that contains--
       ``(i) the mission of each Joint Task Force and strategic 
     goals and objectives to assist the Joint Task Force in 
     accomplishing that mission; and
       ``(ii) outcome-based and other appropriate performance 
     metrics to evaluate the effectiveness of each Joint Task 
     Force and measure progress towards the goals and objectives 
     described in clause (i), which include--

       ``(I) targets for current and future fiscal years; and
       ``(II) a description of the methodology used to establish 
     those metrics and any limitations with respect to data or 
     information used to assess performance;'';

       (C) in subparagraph (B)--
       (i) by striking ``enactment of this section'' and insert 
     ``enactment of the DHS Joint Task Forces Reauthorization Act 
     of 2022'';
       (ii) by inserting ``strategy and'' after ``Senate the''; 
     and
       (iii) by striking the period at the end and inserting ``; 
     and''; and
       (D) by striking subparagraph (C) and inserting the 
     following:
       ``(C) beginning not later than 1 year after the date of 
     enactment of the DHS Joint Task Forces Reauthorization Act of 
     2022, submit annually to each committee specified in 
     subparagraph (B) a report that--
       ``(i) contains the evaluation described in subparagraphs 
     (A) and (B); and
       ``(ii) outlines the progress in implementing outcome-based 
     and other performance metrics referred to in subparagraph 
     (A)(ii).'';
       (3) in paragraph (11)(A), by striking the period at the end 
     and inserting the following: ``, which shall include--
       ``(i) the justification, focus, and mission of the Joint 
     Task Force; and
       ``(ii) a strategy for the conduct of the Joint Task Force, 
     including goals and performance metrics for the Joint Task 
     Force.'';
       (4) in paragraph (12)--
       (A) in subparagraph (A), by striking ``January 31, 2018, 
     and January 31, 2021, the Inspector General of the 
     Department'' and inserting ``1 year after the date of 
     enactment of the DHS Joint Task Forces Reauthorization Act of 
     2022, the Comptroller General of the United States''; and
       (B) in subparagraph (B), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) an assessment of the structure of each Joint Task 
     Force;
       ``(ii) an assessment of the effectiveness of oversight over 
     each Joint Task Force;
       ``(iii) an assessment of the strategy of each Joint Task 
     Force; and
       ``(iv) an assessment of staffing levels and resources of 
     each Joint Task Force.''; and
       (5) in paragraph (13), by striking ``2022'' and inserting 
     ``2024''.

                      Subtitle J--Other Provisions

                     CHAPTER 1--DEEPFAKE TASK FORCE

     SEC. 5191 SHORT TITLE.

       This chapter may be cited as the ``Deepfake Task Force 
     Act''.

     SEC. 5192. NATIONAL DEEPFAKE AND DIGITAL PROVENANCE TASK 
                   FORCE.

       (a) Definitions.--In this section:
       (1) Digital content forgery.--The term ``digital content 
     forgery'' means audio, visual, or text content fabricated or 
     manipulated with the intent to mislead and be 
     indistinguishable from reality, created through the use of 
     technologies, including those that apply artificial 
     intelligence techniques such as generative adversarial 
     networks.
       (2) Digital content provenance.--The term ``digital content 
     provenance'' means the verifiable chronology of the origin 
     and history of a piece of digital content, such as an image, 
     video, audio recording, or electronic document.
       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) a private sector or nonprofit organization; or
       (B) an institution of higher education.
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (5) Relevant congressional committees.--The term ``relevant 
     congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security and the Committee on 
     Oversight and Reform of the House of Representatives;
       (C) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (D) the Committee on Science, Space, and Technology of the 
     House of Representatives;
       (E) the Committee on the Judiciary of the Senate; and
       (F) the Committee on the Judiciary of the House of 
     Representatives.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (7) Task force.--The term ``Task Force'' means the National 
     Deepfake and Provenance Task Force established under 
     subsection (b)(1).
       (b) Establishment of Task Force.--
       (1) Establishment.--The Secretary, in coordination with the 
     Administrator of the National Telecommunications and 
     Information Administration, shall establish a task force, to 
     be known as ``the National Deepfake Provenance Task Force'', 
     to--
       (A) investigate the feasibility of, and obstacles to, 
     developing and deploying standards and technologies for 
     determining digital content provenance;
       (B) propose policy changes to reduce the proliferation and 
     impact of digital content forgeries, such as the adoption of 
     digital content provenance and technology standards;
       (C) serve as a formal mechanism for interagency 
     coordination and information sharing to facilitate the 
     creation and implementation of a national strategy to address 
     the growing threats posed by digital content forgeries; and
       (D) investigate existing digital content forgery generation 
     technologies, potential detection methods, and disinformation 
     mitigation solutions.
       (2) Membership.--
       (A) Chairperson.--The Secretary, or a designee of the 
     Secretary, shall serve as chairperson of the Task Force.
       (B) Composition.--The Task Force shall be composed of not 
     fewer than 13 members, of whom--
       (i) not fewer than 5 shall be representatives from the 
     Federal Government, including the chairperson of the Task 
     Force, the Director of the National Institute of Standards 
     and Technology, and the Administrator of the National 
     Telecommunications and Information Administration;
       (ii) not fewer than 4 shall be representatives from 
     institutions of higher education; and
       (iii) not fewer than 4 shall be representatives from 
     private or nonprofit organizations.
       (C) Appointment.--Not later than 120 days after the date of 
     enactment of this Act, the chairperson of the Task Force 
     shall appoint members to the Task Force in accordance with 
     subparagraph (B) from among technical experts in--
       (i) artificial intelligence;
       (ii) media manipulation;
       (iii) digital forensics;
       (iv) secure digital content and delivery;
       (v) cryptography;
       (vi) privacy;
       (vii) civil rights; or
       (viii) related subjects.
       (D) Term of appointment.--The term of a member of the Task 
     Force shall end on the date described in subsection (g)(1).
       (E) Vacancy.--Any vacancy occurring in the membership of 
     the Task Force shall be filled in the same manner in which 
     the original appointment was made.

[[Page S6038]]

       (F) Expenses for non-federal members.--Members of the Task 
     Force described in clauses (ii) and (iii) of subparagraph (B) 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from their homes or regular places of business in 
     the performance of services for the Task Force.
       (c) Coordinated Plan.--
       (1) In general.--The Task Force shall develop a coordinated 
     plan to--
       (A) reduce the proliferation and impact of digital content 
     forgeries, including by exploring how the adoption of a 
     digital content provenance standard could assist with 
     reducing the proliferation of digital content forgeries;
       (B) develop mechanisms for content creators to--
       (i) cryptographically certify the authenticity of original 
     media and non-deceptive manipulations; and
       (ii) enable the public to validate the authenticity of 
     original media and non-deceptive manipulations to establish 
     digital content provenance; and
       (C) increase the ability of internet companies, 
     journalists, watchdog organizations, other relevant entities, 
     and members of the public to meaningfully scrutinize and 
     identify potential digital content forgeries.
       (2) Contents.--The plan required under paragraph (1) shall 
     include the following:
       (A) A Government-wide research and development agenda to--
       (i) improve technologies and systems to detect digital 
     content forgeries; and
       (ii) relay information about digital content provenance to 
     content consumers.
       (B) An assessment of the feasibility of, and obstacles to, 
     the deployment of technologies and systems to capture, 
     preserve, and display digital content provenance.
       (C) A framework for conceptually distinguishing between 
     digital content with benign or helpful alternations and 
     digital content forgeries.
       (D) An assessment of the technical feasibility of, and 
     challenges in, distinguishing between--
       (i) benign or helpful alterations to digital content; and
       (ii) intentionally deceptive or obfuscating alterations to 
     digital content.
       (E) A discussion of best practices, including any necessary 
     standards, for the adoption and effective use of technologies 
     and systems to determine digital content provenance and 
     detect digital content forgeries while protecting fair use.
       (F) Conceptual proposals for necessary research projects 
     and experiments to further develop successful technology to 
     ascertain digital content provenance.
       (G) Proposed policy changes, including changes in law, to--
       (i) incentivize the adoption of technologies, systems, open 
     standards, or other means to detect digital content forgeries 
     and determine digital content provenance; and
       (ii) reduce the incidence, proliferation, and impact of 
     digital content forgeries.
       (H) Recommendations for models for public-private 
     partnerships to fight disinformation and reduce digital 
     content forgeries, including partnerships that support and 
     collaborate on--
       (i) industry practices and standards for determining 
     digital content provenance;
       (ii) digital literacy education campaigns and user-friendly 
     detection tools for the public to reduce the proliferation 
     and impact of disinformation and digital content forgeries;
       (iii) industry practices and standards for documenting 
     relevant research and progress in machine learning; and
       (iv) the means and methods for identifying and addressing 
     the technical and financial infrastructure that supports the 
     proliferation of digital content forgeries, such as 
     inauthentic social media accounts and bank accounts.
       (I) An assessment of privacy and civil liberties 
     requirements associated with efforts to deploy technologies 
     and systems to determine digital content provenance or reduce 
     the proliferation of digital content forgeries, including 
     statutory or other proposed policy changes.
       (J) A determination of metrics to define the success of--
       (i) technologies or systems to detect digital content 
     forgeries;
       (ii) technologies or systems to determine digital content 
     provenance; and
       (iii) other efforts to reduce the incidence, proliferation, 
     and impact of digital content forgeries.
       (d) Consultations.--In carrying out subsection (c), the 
     Task Force shall consult with the following:
       (1) The Director of the National Science Foundation.
       (2) The National Academies of Sciences, Engineering, and 
     Medicine.
       (3) The Director of the National Institute of Standards and 
     Technology.
       (4) The Director of the Defense Advanced Research Projects 
     Agency.
       (5) The Director of the Intelligence Advanced Research 
     Projects Activity of the Office of the Director of National 
     Intelligence.
       (6) The Secretary of Energy.
       (7) The Secretary of Defense.
       (8) The Attorney General.
       (9) The Secretary of State.
       (10) The Federal Trade Commission.
       (11) The United States Trade Representative.
       (12) Representatives from private industry and nonprofit 
     organizations.
       (13) Representatives from institutions of higher education.
       (14) Such other individuals as the Task Force considers 
     appropriate.
       (e) Staff.--
       (1) In general.--Staff of the Task Force shall be comprised 
     of detailees with expertise in artificial intelligence or 
     related fields from--
       (A) the Department of Homeland Security;
       (B) the National Telecommunications and Information 
     Administration;
       (C) the National Institute of Standards and Technology; or
       (D) any other Federal agency the chairperson of the Task 
     Force consider appropriate with the consent of the head of 
     the Federal agency.
       (2) Other assistance.--
       (A) In general.--The chairperson of the Task Force may 
     enter into an agreement with an eligible entity for the 
     temporary assignment of employees of the eligible entity to 
     the Task Force in accordance with this paragraph.
       (B) Application of ethics rules.--An employee of an 
     eligible entity assigned to the Task Force under subparagraph 
     (A)--
       (i) shall be considered a special Government employee for 
     the purpose of Federal law, including--

       (I) chapter 11 of title 18, United States Code; and
       (II) the Ethics in Government Act of 1978 (5 U.S.C. App.); 
     and

       (ii) notwithstanding section 202(a) of title 18, United 
     States Code, may be assigned to the Task Force for a period 
     of not more than 2 years.
       (C) Financial liability.--An agreement entered into with an 
     eligible entity under subparagraph (A) shall require the 
     eligible entity to be responsible for any costs associated 
     with the assignment of an employee to the Task Force.
       (D) Termination.--The chairperson of the Task Force may 
     terminate the assignment of an employee to the Task Force 
     under subparagraph (A) at any time and for any reason.
       (f) Task Force Reports.--
       (1) Interim report.--
       (A) In general.--Not later than 1 year after the date on 
     which all of the appointments have been made under subsection 
     (b)(2)(C), the Task Force shall submit to the President and 
     the relevant congressional committees an interim report 
     containing the findings, conclusions, and recommendations of 
     the Task Force.
       (B) Contents.--The report required under subparagraph (A) 
     shall include specific recommendations for ways to reduce the 
     proliferation and impact of digital content forgeries, 
     including the deployment of technologies and systems to 
     determine digital content provenance.
       (2) Final report.--Not later than 180 days after the date 
     of the submission of the interim report under paragraph 
     (1)(A), the Task Force shall submit to the President and the 
     relevant congressional committees a final report containing 
     the findings, conclusions, and recommendations of the Task 
     Force, including the plan developed under subsection (c).
       (3) Requirements.--With respect to each report submitted 
     under this subsection--
       (A) the Task Force shall make the report publicly 
     available; and
       (B) the report--
       (i) shall be produced in an unclassified form; and
       (ii) may include a classified annex.
       (g) Termination.--
       (1) In general.--The Task Force shall terminate on the date 
     that is 90 days after the date on which the Task Force 
     submits the final report under subsection (f)(2).
       (2) Records.--Upon the termination of the Task Force under 
     paragraph (1), each record of the Task Force shall become a 
     record of the National Archives and Records Administration.

         CHAPTER 2--CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS

     SEC. 5194. CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS.

       (a) Technical Amendment Relating to DOTGOV Act of 2020.--
       (1) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020 
     (title IX of division U of Public Law 116-260) is amended, in 
     the matter preceding subparagraph (A), by striking ``Homeland 
     Security Act'' and inserting ``Homeland Security Act of 
     2002''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if enacted as part of the DOTGOV Act of 
     2020 (title IX of division U of Public Law 116-260).
       (b) Consolidation of Definitions.--
       (1) In general.--Title XXII of the Homeland Security Act of 
     2002 (6 U.S.C. 651 et seq.) is amended by inserting before 
     the subtitle A heading the following:

     ``SEC. 2200. DEFINITIONS.

       ``Except as otherwise specifically provided, in this title:
       ``(1) Agency.--The term `Agency' means the Cybersecurity 
     and Infrastructure Security Agency.
       ``(2) Agency information.--The term `agency information' 
     means information collected or maintained by or on behalf of 
     an agency.
       ``(3) Agency information system.--The term `agency 
     information system' means an information system used or 
     operated by an agency or by another entity on behalf of an 
     agency.

[[Page S6039]]

       ``(4) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(B) the Committee on Homeland Security of the House of 
     Representatives.
       ``(5) Critical infrastructure information.--The term 
     `critical infrastructure information' means information not 
     customarily in the public domain and related to the security 
     of critical infrastructure or protected systems--
       ``(A) actual, potential, or threatened interference with, 
     attack on, compromise of, or incapacitation of critical 
     infrastructure or protected systems by either physical or 
     computer-based attack or other similar conduct (including the 
     misuse of or unauthorized access to all types of 
     communications and data transmission systems) that violates 
     Federal, State, or local law, harms interstate commerce of 
     the United States, or threatens public health or safety;
       ``(B) the ability of any critical infrastructure or 
     protected system to resist such interference, compromise, or 
     incapacitation, including any planned or past assessment, 
     projection, or estimate of the vulnerability of critical 
     infrastructure or a protected system, including security 
     testing, risk evaluation thereto, risk management planning, 
     or risk audit; or
       ``(C) any planned or past operational problem or solution 
     regarding critical infrastructure or protected systems, 
     including repair, recovery, reconstruction, insurance, or 
     continuity, to the extent it is related to such interference, 
     compromise, or incapacitation.
       ``(6) Cyber threat indicator.--The term `cyber threat 
     indicator' means information that is necessary to describe or 
     identify--
       ``(A) malicious reconnaissance, including anomalous 
     patterns of communications that appear to be transmitted for 
     the purpose of gathering technical information related to a 
     cybersecurity threat or security vulnerability;
       ``(B) a method of defeating a security control or 
     exploitation of a security vulnerability;
       ``(C) a security vulnerability, including anomalous 
     activity that appears to indicate the existence of a security 
     vulnerability;
       ``(D) a method of causing a user with legitimate access to 
     an information system or information that is stored on, 
     processed by, or transiting an information system to 
     unwittingly enable the defeat of a security control or 
     exploitation of a security vulnerability;
       ``(E) malicious cyber command and control;
       ``(F) the actual or potential harm caused by an incident, 
     including a description of the information exfiltrated as a 
     result of a particular cybersecurity threat;
       ``(G) any other attribute of a cybersecurity threat, if 
     disclosure of such attribute is not otherwise prohibited by 
     law; or
       ``(H) any combination thereof.
       ``(7) Cybersecurity purpose.--The term `cybersecurity 
     purpose' means the purpose of protecting an information 
     system or information that is stored on, processed by, or 
     transiting an information system from a cybersecurity threat 
     or security vulnerability.
       ``(8) Cybersecurity risk.--The term `cybersecurity risk'--
       ``(A) means threats to and vulnerabilities of information 
     or information systems and any related consequences caused by 
     or resulting from unauthorized access, use, disclosure, 
     degradation, disruption, modification, or destruction of such 
     information or information systems, including such related 
     consequences caused by an act of terrorism; and
       ``(B) does not include any action that solely involves a 
     violation of a consumer term of service or a consumer 
     licensing agreement.
       ``(9) Cybersecurity threat.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `cybersecurity threat' means an action, not 
     protected by the First Amendment to the Constitution of the 
     United States, on or through an information system that may 
     result in an unauthorized effort to adversely impact the 
     security, availability, confidentiality, or integrity of an 
     information system or information that is stored on, 
     processed by, or transiting an information system.
       ``(B) Exclusion.--The term `cybersecurity threat' does not 
     include any action that solely involves a violation of a 
     consumer term of service or a consumer licensing agreement.
       ``(10) Defensive measure.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `defensive measure' means an action, device, 
     procedure, signature, technique, or other measure applied to 
     an information system or information that is stored on, 
     processed by, or transiting an information system that 
     detects, prevents, or mitigates a known or suspected 
     cybersecurity threat or security vulnerability.
       ``(B) Exclusion.--The term `defensive measure' does not 
     include a measure that destroys, renders unusable, provides 
     unauthorized access to, or substantially harms an information 
     system or information stored on, processed by, or transiting 
     such information system not owned by--
       ``(i) the entity operating the measure; or
       ``(ii) another entity or Federal entity that is authorized 
     to provide consent and has provided consent to that private 
     entity for operation of such measure.
       ``(11) Director.--The term `Director' means the Director 
     Cybersecurity and Infrastructure Security Agency
       ``(12) Homeland security enterprise.--The term `Homeland 
     Security Enterprise' means relevant governmental and 
     nongovernmental entities involved in homeland security, 
     including Federal, State, local, and Tribal government 
     officials, private sector representatives, academics, and 
     other policy experts.
       ``(13) Incident.--The term `incident' means an occurrence 
     that actually or imminently jeopardizes, without lawful 
     authority, the integrity, confidentiality, or availability of 
     information on an information system, or actually or 
     imminently jeopardizes, without lawful authority, an 
     information system.
       ``(14) Information sharing and analysis organization.--The 
     term `Information Sharing and Analysis Organization' means 
     any formal or informal entity or collaboration created or 
     employed by public or private sector organizations, for 
     purposes of--
       ``(A) gathering and analyzing critical infrastructure 
     information, including information related to cybersecurity 
     risks and incidents, in order to better understand security 
     problems and interdependencies related to critical 
     infrastructure, including cybersecurity risks and incidents, 
     and protected systems, so as to ensure the availability, 
     integrity, and reliability thereof;
       ``(B) communicating or disclosing critical infrastructure 
     information, including cybersecurity risks and incidents, to 
     help prevent, detect, mitigate, or recover from the effects 
     of an interference, a compromise, or an incapacitation 
     problem related to critical infrastructure, including 
     cybersecurity risks and incidents, or protected systems; and
       ``(C) voluntarily disseminating critical infrastructure 
     information, including cybersecurity risks and incidents, to 
     its members, State, local, and Federal Governments, or any 
     other entities that may be of assistance in carrying out the 
     purposes specified in subparagraphs (A) and (B).
       ``(15) Information system.--The term `information system' 
     has the meaning given the term in section 3502 of title 44, 
     United States Code.
       ``(16) Intelligence community.--The term `intelligence 
     community' has the meaning given the term in section 3(4) of 
     the National Security Act of 1947 (50 U.S.C. 3003(4)).
       ``(17) Monitor.--The term `monitor' means to acquire, 
     identify, or scan, or to possess, information that is stored 
     on, processed by, or transiting an information system.
       ``(18) National cybersecurity asset response activities.--
     The term `national cybersecurity asset response activities' 
     means--
       ``(A) furnishing cybersecurity technical assistance to 
     entities affected by cybersecurity risks to protect assets, 
     mitigate vulnerabilities, and reduce impacts of cyber 
     incidents;
       ``(B) identifying other entities that may be at risk of an 
     incident and assessing risk to the same or similar 
     vulnerabilities;
       ``(C) assessing potential cybersecurity risks to a sector 
     or region, including potential cascading effects, and 
     developing courses of action to mitigate such risks;
       ``(D) facilitating information sharing and operational 
     coordination with threat response; and
       ``(E) providing guidance on how best to utilize Federal 
     resources and capabilities in a timely, effective manner to 
     speed recovery from cybersecurity risks.
       ``(19) National security system.--The term `national 
     security system' has the meaning given the term in section 
     11103 of title 40, United States Code.
       ``(20) Sector risk management agency.--The term `Sector 
     Risk Management Agency' means a Federal department or agency, 
     designated by law or Presidential directive, with 
     responsibility for providing institutional knowledge and 
     specialized expertise of a sector, as well as leading, 
     facilitating, or supporting programs and associated 
     activities of its designated critical infrastructure sector 
     in the all hazards environment in coordination with the 
     Department.
       ``(21) Security control.--The term `security control' means 
     the management, operational, and technical controls used to 
     protect against an unauthorized effort to adversely affect 
     the confidentiality, integrity, and availability of an 
     information system or its information.
       ``(22) Security vulnerability.--The term `security 
     vulnerability' means any attribute of hardware, software, 
     process, or procedure that could enable or facilitate the 
     defeat of a security control.
       ``(23) Sharing.--The term `sharing' (including all 
     conjugations thereof) means providing, receiving, and 
     disseminating (including all conjugations of each such 
     terms).''.
       (2) Technical and conforming amendments.--The Homeland 
     Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
       (A) by amending section 2201 (6 U.S.C. 651) to read as 
     follows:

     ``SEC. 2201. DEFINITION.

       ``In this subtitle, the term `Cybersecurity Advisory 
     Committee' means the advisory committee established under 
     section 2219(a).'';
       (B) in section 2202 (6 U.S.C. 652)--
       (i) in subsection (a)(1), by striking ``(in this subtitle 
     referred to as the Agency)'';
       (ii) in subsection (b)(1), by striking ``in this subtitle 
     referred to as the `Director')''; and
       (iii) in subsection (f)--

       (I) in paragraph (1), by inserting ``Executive'' before 
     ``Assistant Director''; and
       (II) in paragraph (2), by inserting ``Executive'' before 
     ``Assistant Director'';

[[Page S6040]]

       (C) in section 2209 (6 U.S.C. 659)--
       (i) by striking subsection (a);
       (ii) by redesignating subsections (b) through subsection 
     (o) as subsections (a) through (n), respectively;
       (iii) in subsection (c)(1), as so redesignated--

       (I) in subparagraph (A)(iii), as so redesignated, by 
     striking ``, as that term is defined under section 3(4) of 
     the National Security Act of 1947 (50 U.S.C. 3003(4))''; and
       (II) in subparagraph (B)(ii), by striking ``information 
     sharing and analysis organizations'' and inserting 
     ``Information Sharing and Analysis Organizations'';

       (iv) in subsection (d), as so redesignated--

       (I) in the matter preceding paragraph (1), by striking 
     ``subsection (c)'' and inserting ``subsection (b)''; and
       (II) in paragraph (1)(E)(ii)(II), by striking ``information 
     sharing and analysis organizations'' and inserting 
     ``Information Sharing and Analysis Organizations'';

       (v) in subsection (j), as so redesignated, by striking 
     ``subsection (c)(8)'' and inserting ``subsection (b)(8)'';
       (vi) by redesignating the first subsections (p) and (q) and 
     second subsections (p) and (q) as subsections (o) and (p) and 
     subsections (q) and (r), respectively; and
       (vii) in subsection (o), as so redesignated--

       (I) in paragraph (2)(A), by striking ``subsection (c)(12)'' 
     and inserting ``subsection (b)(12)''; and
       (II) in paragraph (3)(B)(i), by striking ``subsection 
     (c)(12)'' and inserting ``subsection (b)(12)'';

       (D) in section 2210 (6 U.S.C. 660)--
       (i) by striking subsection (a);
       (ii) by redesignating subsections (b) through (e) as 
     subsections (a) through (d), respectively;
       (iii) in subsection (b), as so redesignated--

       (I) by striking ``information sharing and analysis 
     organizations (as defined in section 2222(5))'' and inserting 
     ``Information Sharing and Analysis Organizations''; and
       (II) by striking ``(as defined in section 2209)''; and

       (iv) in subsection (c), as so redesignated, by striking 
     ``subsection (c)'' and inserting ``subsection (b)'';
       (E) in section 2211 (6 U.S.C. 661), by striking subsection 
     (h);
       (F) in section 2212 (6 U.S.C. 662), by striking 
     ``information sharing and analysis organizations (as defined 
     in section 2222(5))'' and inserting ``Information Sharing and 
     Analysis Organizations'';
       (G) in section 2213 (6 U.S.C. 663)--
       (i) by striking subsection (a);
       (ii) by redesignating subsections (b) through (f) as 
     subsections (a) through (e), respectively;
       (iii) in subsection (b), as so redesignated, by striking 
     ``subsection (b)'' each place it appears and inserting 
     ``subsection (a)'';
       (iv) in subsection (c), as so redesignated, in the matter 
     preceding paragraph (1), by striking ``subsection (b)'' and 
     inserting ``subsection (a)''; and
       (v) in subsection (d), as so redesignated--

       (I) in paragraph (1)--

       (aa) in the matter preceding subparagraph (A), by striking 
     ``subsection (c)(2)'' and inserting ``subsection (b)(2)'';
       (bb) in subparagraph (A), by striking ``subsection (c)(1)'' 
     and inserting ``subsection (b)(1)''; and
       (cc) in subparagraph (B), by striking ``subsection (c)(2)'' 
     and inserting ``subsection (b)(2)''; and

       (II) in paragraph (2), by striking ``subsection (c)(2)'' 
     and inserting ``subsection (b)(2)'';

       (H) in section 2216 (6 U.S.C. 665b)--
       (i) in subsection (d)(2), by striking ``information sharing 
     and analysis organizations'' and inserting ``Information 
     Sharing and Analysis Organizations''; and
       (ii) by striking subsection (f) and inserting the 
     following:
       ``(f) Cyber Defense Operation Defined.--In this section, 
     the term `cyber defense operation' means the use of a 
     defensive measure.'';
       (I) in section 2218(c)(4)(A) (6 U.S.C. 665d(4)(A)), by 
     striking ``information sharing and analysis organizations'' 
     and inserting ``Information Sharing and Analysis 
     Organizations'';
       (J) in section 2220A (6 U.S.C. 665g)--
       (i) in subsection (a)--

       (I) by striking paragraphs (1), (2), (5), and (6); and
       (II) by redesignating paragraphs (3), (4), (7), (8), (9), 
     (10), (11), and (12) as paragraphs (1) through (8), 
     respectively;

       (ii) in subsection (e)(2)(B)(xiv)(II)(aa), by striking 
     ``information sharing and analysis organization'' and 
     inserting ``Information Sharing and Analysis Organization'';
       (iii) in subsection (p), by striking ``appropriate 
     committees of Congress'' and inserting ``appropriate 
     congressional committees''; and
       (iv) in subsection (q)(4), in the matter preceding clause 
     (i), by striking ``appropriate committees of Congress'' and 
     inserting ``appropriate congressional committees''
       (K) in section 2220C(f) (6 U.S.C. 665i(f))--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively; and
       (iii) in paragraph (2), as so redesignated, by striking 
     ``(enacted as division N of the Consolidated Appropriations 
     Act, 2016 (Public Law 114-113; 6 U.S.C. 1501(9))'' and 
     inserting ``(6 U.S.C. 1501)''; and
       (L) in section 2222 (6 U.S.C. 671)--
       (i) by striking paragraphs (3), (5), and (8);
       (ii) by redesignating paragraph (4) as paragraph (3); and
       (iii) by redesignating paragraphs (6) and (7) as paragraphs 
     (4) and (5), respectively.
       (3) Table of contents amendments.--The table of contents in 
     section 1(b) of the Homeland Security Act of 2002 (Public Law 
     107-296; 116 Stat. 2135) is amended--
       (A) by inserting before the item relating to subtitle A of 
     title XXII the following:

``Sec. 2200. Definitions.''; and
       (B) by striking the item relating to section 2201 and 
     insert the following:

``Sec. 2201. Definition.''.
       (4) Cybersecurity act of 2015 definitions.--Section 102 of 
     the Cybersecurity Act of 2015 (6 U.S.C. 1501) is amended--
       (A) by striking paragraphs (4) through (7) and inserting 
     the following:
       ``(4) Cybersecurity purpose.--The term `cybersecurity 
     purpose' has the meaning given the term in section 2200 of 
     the Homeland Security Act of 2002.
       ``(5) Cybersecurity threat.--The term `cybersecurity 
     threat' has the meaning given the term in section 2200 of the 
     Homeland Security Act of 2002.
       ``(6) Cyber threat indicator.--The term `cyber threat 
     indicator' has the meaning given the term in section 2200 of 
     the Homeland Security Act of 2002.
       ``(7) Defensive measure.--The term `defensive measure' has 
     the meaning given the term in section 2200 of the Homeland 
     Security Act of 2002.'';
       (B) by striking paragraph (13) and inserting the following:
       ``(13) Monitor.-- The term `monitor' has the meaning given 
     the term in section 2200 of the Homeland Security Act of 
     2002.''; and
       (C) by striking paragraphs (16) and (17) and inserting the 
     following:
       ``(16) Security control.--The term `security control' has 
     the meaning given the term in section 2200 of the Homeland 
     Security Act of 2002.
       ``(17) Security vulnerability.--The term `security 
     vulnerability' has the meaning given the term in section 2200 
     of the Homeland Security Act of 2002.''.
       (c) Additional Technical and Conforming Amendments.--
       (1) Federal cybersecurity enhancement act of 2015.--The 
     Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1521 
     et seq.) is amended--
       (A) in section 222 (6 U.S.C. 1521)--
       (i) in paragraph (2), by striking ``section 2210'' and 
     inserting ``section 2200''; and
       (ii) in paragraph (4), by striking ``section 2209'' and 
     inserting ``section 2200'';
       (B) in section 223(b) (6 U.S.C. 151 note), by striking 
     ``section 2213(b)(1)'' each place it appears and inserting 
     ``section 2213(a)(1)'';
       (C) in section 226 (6 U.S.C. 1524)--
       (i) in subsection (a)--

       (I) in paragraph (1), by striking ``section 2213'' and 
     inserting ``section 2200'';
       (II) in paragraph (2), by striking ``section 102'' and 
     inserting ``section 2200 of the Homeland Security Act of 
     2002'';
       (III) in paragraph (4), by striking ``section 2210(b)(1)'' 
     and inserting ``section 2210(a)(1)''; and
       (IV) in paragraph (5), by striking ``section 2213(b)'' and 
     inserting ``section 2213(a)''; and

       (ii) in subsection (c)(1)(A)(vi), by striking ``section 
     2213(c)(5)'' and inserting ``section 2213(b)(5)''; and
       (D) in section 227(b) (6 U.S.C. 1525(b)), by striking 
     ``section 2213(d)(2)'' and inserting ``section 2213(c)(2)''.
       (2) Public health service act.--Section 2811(b)(4)(D) of 
     the Public Health Service Act (42 U.S.C. 300hh-10(b)(4)(D)) 
     is amended by striking ``section 228(c) of the Homeland 
     Security Act of 2002 (6 U.S.C. 149(c))'' and inserting 
     ``section 2210(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 660(b))''.
       (3) William m. (mac) thornberry national defense 
     authorization act of fiscal year 2021.--Section 9002 of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (6 U.S.C. 652a) is amended--
       (A) in subsection (a)--
       (i) by striking paragraph (5);
       (ii) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively;
       (iii) by amending paragraph (7) to read as follows:
       ``(7) Sector risk management agency.--The term `Sector Risk 
     Management Agency' has the meaning given the term in section 
     2200 of the Homeland Security Act of 2002.'';
       (B) in subsection (c)(3)(B), by striking ``section 
     2201(5)'' and inserting ``section 2200''; and
       (C) in subsection (d), by striking ``section 2215 of the 
     Homeland Security Act of 2002, as added by this section'' and 
     inserting ``section 2218 of the Homeland Security Act of 2002 
     (6 U.S.C. 665d)''.
       (4) National security act of 1947.--Section 113B(b)(4) of 
     the National Security Act of 1947 (50 U.S.C. 3049a(b)(4)) is 
     amended by striking section ``226 of the Homeland Security 
     Act of 2002 (6 U.S.C. 147)'' and inserting ``section 2208 of 
     the Homeland Security Act of 2002 (6 U.S.C. 658)''.
       (5) IoT cybersecurity improvement act of 2020.--Section 
     5(b)(3) of the IoT Cybersecurity Improvement Act of 2020 (15 
     U.S.C. 278g-3c(b)(3)) is amended by striking ``section 
     2209(m) of the Homeland Security Act of 2002 (6 U.S.C. 
     659(m))'' and inserting ``section 2209(l) of the Homeland 
     Security Act of 2002 (6 U.S.C. 659(l))''.F
       (6) Small business act.--Section 21(a)(8)(B) of the Small 
     Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking

[[Page S6041]]

     ``section 2209(a)'' and inserting ``section 2200''.
       (7) Title 46.--Section 70101(2) of title 46, United States 
     Code, is amended by striking ``section 227 of the Homeland 
     Security Act of 2002 (6 U.S.C. 148)'' and inserting ``section 
     2200 of the Homeland Security Act of 2002''.

          CHAPTER 3--POST-DISASTER MENTAL HEALTH RESPONSE ACT

     SEC. 5198. POST-DISASTER MENTAL HEALTH RESPONSE.

       (a) Short Title.--This section may be cited as the ``Post-
     Disaster Mental Health Response Act''.
       (b) Crisis Counseling Assistance and Training.--Section 
     502(a)(6) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5192(a)(6)) is amended by 
     inserting ``and section 416'' after ``section 408''.

                    TITLE LII--GOVERNMENTAL AFFAIRS

              Subtitle A--Safeguarding American Innovation

     SEC. 5201. SHORT TITLE.

       This title may be cited as the ``Safeguarding American 
     Innovation Act''.

     SEC. 5202. FEDERAL RESEARCH SECURITY COUNCIL.

       (a) In General.--Subtitle V of title 31, United States 
     Code, is amended by adding at the end the following:

            ``CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL

``Sec.
``7901. Definitions.
``7902. Federal Research Security Council establishment and membership.
``7903. Functions and authorities.
``7904. Annual report.
``7905. Requirements for Executive agencies.

     ``Sec. 7901. Definitions

       ``In this chapter:
       ``(1) 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 Commerce, Science, and 
     Transportation of the Senate;
       ``(C) the Select Committee on Intelligence of the Senate;
       ``(D) the Committee on Foreign Relations of the Senate;
       ``(E) the Committee on Armed Services of the Senate;
       ``(F) the Committee on Health, Education, Labor, and 
     Pensions of the Senate;
       ``(G) the Committee on Oversight and Reform of the House of 
     Representatives;
       ``(H) the Committee on Homeland Security of the House of 
     Representatives;
       ``(I) the Committee on Energy and Commerce of the House of 
     Representatives;
       ``(J) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       ``(K) the Committee on Foreign Affairs of the House of 
     Representatives;
       ``(L) the Committee on Armed Services of the House of 
     Representatives;
       ``(M) the Committee on Science, Space, and Technology of 
     the House of Representatives; and
       ``(N) the Committee on Education and Labor of the House of 
     Representatives.
       ``(2) Council.--The term `Council' means the Federal 
     Research Security Council established under section 7902(a).
       ``(3) Executive agency.--The term `Executive agency' has 
     the meaning given that term in section 105 of title 5.
       ``(4) Federal research security risk.--The term `Federal 
     research security risk' means the risk posed by malign state 
     actors and other persons to the security and integrity of 
     research and development conducted using research and 
     development funds awarded by Executive agencies.
       ``(5) Insider.--The term `insider' means any person with 
     authorized access to any United States Government resource, 
     including personnel, facilities, information, research, 
     equipment, networks, or systems.
       ``(6) Insider threat.--The term `insider threat' means the 
     threat that an insider will use his or her authorized access 
     (wittingly or unwittingly) to harm the national and economic 
     security of the United States or negatively affect the 
     integrity of a Federal agency's normal processes, including 
     damaging the United States through espionage, sabotage, 
     terrorism, unauthorized disclosure of national security 
     information or nonpublic information, a destructive act 
     (which may include physical harm to another in the 
     workplace), or through the loss or degradation of 
     departmental resources, capabilities, and functions.
       ``(7) Research and development.--
       ``(A) In general.--The term `research and development' 
     means all research activities, both basic and applied, and 
     all development activities.
       ``(B) Development.--The term `development' means 
     experimental development.
       ``(C) Experimental development.--The term `experimental 
     development' means creative and systematic work, drawing upon 
     knowledge gained from research and practical experience, 
     which--
       ``(i) is directed toward the production of new products or 
     processes or improving existing products or processes; and
       ``(ii) like research, will result in gaining additional 
     knowledge.
       ``(D) Research.--The term `research'--
       ``(i) means a systematic study directed toward fuller 
     scientific knowledge or understanding of the subject studied; 
     and
       ``(ii) includes activities involving the training of 
     individuals in research techniques if such activities--

       ``(I) utilize the same facilities as other research and 
     development activities; and
       ``(II) are not included in the instruction function.

       ``(8) United states research community.--The term `United 
     States research community' means--
       ``(A) research and development centers of Executive 
     agencies;
       ``(B) private research and development centers in the 
     United States, including for profit and nonprofit research 
     institutes;
       ``(C) research and development centers at institutions of 
     higher education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)));
       ``(D) research and development centers of States, United 
     States territories, Indian tribes, and municipalities;
       ``(E) government-owned, contractor-operated United States 
     Government research and development centers; and
       ``(F) any person conducting federally funded research or 
     receiving Federal research grant funding.

     ``Sec. 7902. Federal Research Security Council establishment 
       and membership

       ``(a) Establishment.--There is established, in the Office 
     of Management and Budget, a Federal Research Security 
     Council, which shall develop federally funded research and 
     development grant making policy and management guidance to 
     protect the national and economic security interests of the 
     United States.
       ``(b) Membership.--
       ``(1) In general.--The following agencies shall be 
     represented on the Council:
       ``(A) The Office of Management and Budget.
       ``(B) The Office of Science and Technology Policy.
       ``(C) The Department of Defense.
       ``(D) The Department of Homeland Security.
       ``(E) The Office of the Director of National Intelligence.
       ``(F) The Department of Justice.
       ``(G) The Department of Energy.
       ``(H) The Department of Commerce.
       ``(I) The Department of Health and Human Services.
       ``(J) The Department of State.
       ``(K) The Department of Transportation.
       ``(L) The National Aeronautics and Space Administration.
       ``(M) The National Science Foundation.
       ``(N) The Department of Education.
       ``(O) The Small Business Administration.
       ``(P) The Council of Inspectors General on Integrity and 
     Efficiency.
       ``(Q) Other Executive agencies, as determined by the 
     Chairperson of the Council.
       ``(2) Lead representatives.--
       ``(A) Designation.--Not later than 45 days after the date 
     of the enactment of the Safeguarding American Innovation Act, 
     the head of each agency represented on the Council shall 
     designate a representative of that agency as the lead 
     representative of the agency on the Council.
       ``(B) Functions.--The lead representative of an agency 
     designated under subparagraph (A) shall ensure that 
     appropriate personnel, including leadership and subject 
     matter experts of the agency, are aware of the business of 
     the Council.
       ``(c) Chairperson.--
       ``(1) Designation.--Not later than 45 days after the date 
     of the enactment of the Safeguarding American Innovation Act, 
     the Director of the Office of Management and Budget shall 
     designate a senior level official from the Office of 
     Management and Budget to serve as the Chairperson of the 
     Council.
       ``(2) Functions.--The Chairperson shall perform functions 
     that include--
       ``(A) subject to subsection (d), developing a schedule for 
     meetings of the Council;
       ``(B) designating Executive agencies to be represented on 
     the Council under subsection (b)(1)(Q);
       ``(C) in consultation with the lead representative of each 
     agency represented on the Council, developing a charter for 
     the Council; and
       ``(D) not later than 7 days after completion of the 
     charter, submitting the charter to the appropriate 
     congressional committees.
       ``(3) Lead science advisor.--The Director of the Office of 
     Science and Technology Policy shall designate a senior level 
     official to be the lead science advisor to the Council for 
     purposes of this chapter.
       ``(4) Lead security advisor.--The Director of the National 
     Counterintelligence and Security Center shall designate a 
     senior level official from the National Counterintelligence 
     and Security Center to be the lead security advisor to the 
     Council for purposes of this chapter.
       ``(d) Meetings.--The Council shall meet not later than 60 
     days after the date of the enactment of the Safeguarding 
     American Innovation Act and not less frequently than 
     quarterly thereafter.

     ``Sec. 7903. Functions and authorities

       ``(a) Definitions.--In this section:
       ``(1) Implementing.--The term `implementing' means working 
     with the relevant Federal agencies, through existing 
     processes and procedures, to enable those agencies to put in 
     place and enforce the measures described in this section.
       ``(2) Uniform application process.--The term `uniform 
     application process' means a process employed by Federal 
     science agencies to maximize the collection of information 
     regarding applicants and applications, as determined by the 
     Council.

[[Page S6042]]

       ``(b) In General.--The Chairperson of the Council shall 
     consider the missions and responsibilities of Council members 
     in determining the lead agencies for Council functions. The 
     Council shall perform the following functions:
       ``(1) Developing and implementing, across all Executive 
     agencies that award research and development grants, awards, 
     and contracts, a uniform application process for grants in 
     accordance with subsection (c).
       ``(2) Developing and implementing policies and providing 
     guidance to prevent malign foreign interference from unduly 
     influencing the peer review process for federally funded 
     research and development.
       ``(3) Identifying or developing criteria for sharing among 
     Executive agencies and with law enforcement and other 
     agencies, as appropriate, information regarding individuals 
     who violate disclosure policies and other policies related to 
     research security.
       ``(4) Identifying an appropriate Executive agency--
       ``(A) to accept and protect information submitted by 
     Executive agencies and non-Federal entities based on the 
     process established pursuant to paragraph (1); and
       ``(B) to facilitate the sharing of information received 
     under subparagraph (A) to support, consistent with Federal 
     law--
       ``(i) the oversight of federally funded research and 
     development;
       ``(ii) criminal and civil investigations of misappropriated 
     Federal funds, resources, and information; and
       ``(iii) counterintelligence investigations.
       ``(5) Identifying, as appropriate, Executive agencies to 
     provide--
       ``(A) shared services, such as support for conducting 
     Federal research security risk assessments, activities to 
     mitigate such risks, and oversight and investigations with 
     respect to grants awarded by Executive agencies; and
       ``(B) common contract solutions to support the verification 
     of the identities of persons participating in federally 
     funded research and development.
       ``(6) Identifying and issuing guidance, in accordance with 
     subsection (e) and in coordination with the National Insider 
     Threat Task Force established by Executive Order 13587 (50 
     U.S.C. 3161 note) for expanding the scope of Executive agency 
     insider threat programs, including the safeguarding of 
     research and development from exploitation, compromise, or 
     other unauthorized disclosure, taking into account risk 
     levels and the distinct needs, missions, and systems of each 
     such agency.
       ``(7) Identifying and issuing guidance for developing 
     compliance and oversight programs for Executive agencies to 
     ensure that research and development grant recipients 
     accurately report conflicts of interest and conflicts of 
     commitment in accordance with subsection (c)(1). Such 
     programs shall include an assessment of--
       ``(A) a grantee's support from foreign sources and 
     affiliations, appointments, or participation in talent 
     programs with foreign funding institutions or laboratories; 
     and
       ``(B) the impact of such support and affiliations, 
     appointments, or participation in talent programs on United 
     States national security and economic interests.
       ``(8) Providing guidance to Executive agencies regarding 
     appropriate application of consequences for violations of 
     disclosure requirements.
       ``(9) Developing and implementing a cross-agency policy and 
     providing guidance related to the use of digital persistent 
     identifiers for individual researchers supported by, or 
     working on, any Federal research grant with the goal to 
     enhance transparency and security, while reducing 
     administrative burden for researchers and research 
     institutions.
       ``(10) Engaging with the United States research community 
     in conjunction with the National Science and Technology 
     Council and the National Academies Science, Technology and 
     Security Roundtable created under section 1746 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92; 42 U.S.C. 6601 note) in performing the 
     functions described in paragraphs (1), (2), and (3) and with 
     respect to issues relating to Federal research security 
     risks.
       ``(11) Carrying out such other functions, consistent with 
     Federal law, that are necessary to reduce Federal research 
     security risks.
       ``(c) Requirements for Uniform Grant Application Process.--
     In developing the uniform application process for Federal 
     research and development grants required under subsection 
     (b)(1), the Council shall--
       ``(1) ensure that the process--
       ``(A) requires principal investigators, co-principal 
     investigators, and key personnel associated with the proposed 
     Federal research or development grant project--
       ``(i) to disclose biographical information, all 
     affiliations, including any foreign military, foreign 
     government-related organizations, and foreign-funded 
     institutions, and all current and pending support, including 
     from foreign institutions, foreign governments, or foreign 
     laboratories, and all support received from foreign sources; 
     and
       ``(ii) to certify the accuracy of the required disclosures 
     under penalty of perjury; and
       ``(B) uses a machine-readable application form to assist in 
     identifying fraud and ensuring the eligibility of applicants;
       ``(2) design the process--
       ``(A) to reduce the administrative burden on persons 
     applying for Federal research and development funding; and
       ``(B) to promote information sharing across the United 
     States research community, while safeguarding sensitive 
     information; and
       ``(3) complete the process not later than 1 year after the 
     date of the enactment of the Safeguarding American Innovation 
     Act.
       ``(d) Requirements for Information Sharing Criteria.--In 
     identifying or developing criteria and procedures for sharing 
     information with respect to Federal research security risks 
     under subsection (b)(3), the Council shall ensure that such 
     criteria address, at a minimum--
       ``(1) the information to be shared;
       ``(2) the circumstances under which sharing is mandated or 
     voluntary;
       ``(3) the circumstances under which it is appropriate for 
     an Executive agency to rely on information made available 
     through such sharing in exercising the responsibilities and 
     authorities of the agency under applicable laws relating to 
     the award of grants;
       ``(4) the procedures for protecting intellectual capital 
     that may be present in such information; and
       ``(5) appropriate privacy protections for persons involved 
     in Federal research and development.
       ``(e) Requirements for Insider Threat Program Guidance.--In 
     identifying or developing guidance with respect to insider 
     threat programs under subsection (b)(6), the Council shall 
     ensure that such guidance provides for, at a minimum--
       ``(1) such programs--
       ``(A) to deter, detect, and mitigate insider threats; and
       ``(B) to leverage counterintelligence, security, 
     information assurance, and other relevant functions and 
     resources to identify and counter insider threats; and
       ``(2) the development of an integrated capability to 
     monitor and audit information for the detection and 
     mitigation of insider threats, including through--
       ``(A) monitoring user activity on computer networks 
     controlled by Executive agencies;
       ``(B) providing employees of Executive agencies with 
     awareness training with respect to insider threats and the 
     responsibilities of employees to report such threats;
       ``(C) gathering information for a centralized analysis, 
     reporting, and response capability; and
       ``(D) information sharing to aid in tracking the risk 
     individuals may pose while moving across programs and 
     affiliations;
       ``(3) the development and implementation of policies and 
     procedures under which the insider threat program of an 
     Executive agency accesses, shares, and integrates information 
     and data derived from offices within the agency and shares 
     insider threat information with the executive agency research 
     sponsors;
       ``(4) the designation of senior officials with authority to 
     provide management, accountability, and oversight of the 
     insider threat program of an Executive agency and to make 
     resource recommendations to the appropriate officials; and
       ``(5) such additional guidance as is necessary to reflect 
     the distinct needs, missions, and systems of each Executive 
     agency.
       ``(f) Issuance of Warnings Relating to Risks and 
     Vulnerabilities in International Scientific Cooperation.--
       ``(1) In general.--The Council, in conjunction with the 
     lead security advisor designated under section 7902(c)(4), 
     shall establish a process for informing members of the United 
     States research community and the public, through the 
     issuance of warnings described in paragraph (2), of potential 
     risks and vulnerabilities in international scientific 
     cooperation that may undermine the integrity and security of 
     the United States research community or place at risk any 
     federally funded research and development.
       ``(2) Content.--A warning described in this paragraph shall 
     include, to the extent the Council considers appropriate, a 
     description of--
       ``(A) activities by the national government, local 
     governments, research institutions, or universities of a 
     foreign country--
       ``(i) to exploit, interfere, or undermine research and 
     development by the United States research community; or
       ``(ii) to misappropriate scientific knowledge resulting 
     from federally funded research and development;
       ``(B) efforts by strategic competitors to exploit the 
     research enterprise of a foreign country that may place at 
     risk--
       ``(i) the science and technology of that foreign country; 
     or
       ``(ii) federally funded research and development; and
       ``(C) practices within the research enterprise of a foreign 
     country that do not adhere to the United States scientific 
     values of openness, transparency, reciprocity, integrity, and 
     merit-based competition.
       ``(g) Exclusion Orders.--To reduce Federal research 
     security risk, the Interagency Suspension and Debarment 
     Committee shall provide quarterly reports to the Director of 
     the Office of Management and Budget and the Director of the 
     Office of Science and Technology Policy that detail--
       ``(1) the number of ongoing investigations by Council 
     Members related to Federal research security that may result, 
     or have resulted, in agency pre-notice letters, suspensions, 
     proposed debarments, and debarments;
       ``(2) Federal agencies' performance and compliance with 
     interagency suspensions and debarments;

[[Page S6043]]

       ``(3) efforts by the Interagency Suspension and Debarment 
     Committee to mitigate Federal research security risk;
       ``(4) proposals for developing a unified Federal policy on 
     suspensions and debarments; and
       ``(5) other current suspension and debarment related 
     issues.
       ``(h) Savings Provision.--Nothing in this section may be 
     construed--
       ``(1) to alter or diminish the authority of any Federal 
     agency; or
       ``(2) to alter any procedural requirements or remedies that 
     were in place before the date of the enactment of the 
     Safeguarding American Innovation Act.

     ``Sec. 7904. Annual report

       ``Not later than November 15 of each year, the Chairperson 
     of the Council shall submit a report to the appropriate 
     congressional committees that describes the activities of the 
     Council during the preceding fiscal year.

     ``Sec. 7905. Requirements for Executive agencies

       ``(a) In General.--The head of each Executive agency on the 
     Council shall be responsible for--
       ``(1) assessing Federal research security risks posed by 
     persons participating in federally funded research and 
     development;
       ``(2) avoiding or mitigating such risks, as appropriate and 
     consistent with the standards, guidelines, requirements, and 
     practices identified by the Council under section 7903(b);
       ``(3) prioritizing Federal research security risk 
     assessments conducted under paragraph (1) based on the 
     applicability and relevance of the research and development 
     to the national security and economic competitiveness of the 
     United States;
       ``(4) ensuring that initiatives impacting Federally funded 
     research grant making policy and management to protect the 
     national and economic security interests of the United States 
     are integrated with the activities of the Council; and
       ``(5) ensuring that the initiatives of the Council comply 
     with title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.).
       ``(b) Inclusions.--The responsibility of the head of an 
     Executive agency for assessing Federal research security risk 
     described in subsection (a) includes--
       ``(1) developing an overall Federal research security risk 
     management strategy and implementation plan and policies and 
     processes to guide and govern Federal research security risk 
     management activities by the Executive agency;
       ``(2) integrating Federal research security risk management 
     practices throughout the lifecycle of the grant programs of 
     the Executive agency;
       ``(3) sharing relevant information with other Executive 
     agencies, as determined appropriate by the Council in a 
     manner consistent with section 7903; and
       ``(4) reporting on the effectiveness of the Federal 
     research security risk management strategy of the Executive 
     agency consistent with guidance issued by the Office of 
     Management and Budget and the Council.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of title 31, United States Code, is amended by 
     inserting after the item relating to chapter 77 the 
     following:

``79. Federal Research Security Council....................7901.''.....

     SEC. 5203. FEDERAL GRANT APPLICATION FRAUD.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. Federal grant application fraud

       ``(a) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' has the 
     meaning given the term `agency' in section 551 of title 5, 
     United States Code.
       ``(2) Federal grant.--The term `Federal grant'--
       ``(A) means a grant awarded by a Federal agency;
       ``(B) includes a subgrant awarded by a non-Federal entity 
     to carry out a Federal grant program; and
       ``(C) does not include--
       ``(i) direct United States Government cash assistance to an 
     individual;
       ``(ii) a subsidy;
       ``(iii) a loan;
       ``(iv) a loan guarantee; or
       ``(v) insurance.
       ``(3) Federal grant application.--The term `Federal grant 
     application' means an application for a Federal grant.
       ``(4) Foreign compensation.--The term `foreign 
     compensation' means a title, monetary compensation, access to 
     a laboratory or other resource, or other benefit received 
     from--
       ``(A) a foreign government;
       ``(B) a foreign government institution; or
       ``(C) a foreign public enterprise.
       ``(5) Foreign government.--The term `foreign government' 
     includes a person acting or purporting to act on behalf of--
       ``(A) a faction, party, department, agency, bureau, 
     subnational administrative entity, or military of a foreign 
     country; or
       ``(B) a foreign government or a person purporting to act as 
     a foreign government, regardless of whether the United States 
     recognizes the government.
       ``(6) Foreign government institution.--The term `foreign 
     government institution' means a foreign entity owned by, 
     subject to the control of, or subject to regulation by a 
     foreign government.
       ``(7) Foreign public enterprise.--The term `foreign public 
     enterprise' means an enterprise over which a foreign 
     government directly or indirectly exercises a dominant 
     influence.
       ``(8) Law enforcement agency.--The term `law enforcement 
     agency'--
       ``(A) means a Federal, State, local, or Tribal law 
     enforcement agency; and
       ``(B) includes--
       ``(i) the Office of Inspector General of an establishment 
     (as defined in section 12 of the Inspector General Act of 
     1978 (5 U.S.C. App.)) or a designated Federal entity (as 
     defined in section 8G(a) of the Inspector General Act of 1978 
     (5 U.S.C. App.)); and
       ``(ii) the Office of Inspector General, or similar office, 
     of a State or unit of local government.
       ``(9) Outside compensation.--The term `outside 
     compensation' means any compensation, resource, or support 
     (regardless of monetary value) made available to the 
     applicant in support of, or related to, any research 
     endeavor, including a title, research grant, cooperative 
     agreement, contract, institutional award, access to a 
     laboratory, or other resource, including materials, travel 
     compensation, or work incentives.
       ``(b) Prohibition.--It shall be unlawful for any individual 
     to knowingly--
       ``(1) prepare or submit a Federal grant application that 
     fails to disclose the receipt of any outside compensation, 
     including foreign compensation, by the individual, the value 
     of which is not less than $1,000;
       ``(2) forge, counterfeit, or otherwise falsify a document 
     for the purpose of obtaining a Federal grant; or
       ``(3) prepare, submit, or assist in the preparation or 
     submission of a Federal grant application or document in 
     connection with a Federal grant application that--
       ``(A) contains a material false statement;
       ``(B) contains a material misrepresentation; or
       ``(C) fails to disclose a material fact.
       ``(c) Exception.--Subsection (b) does not apply to an 
     activity--
       ``(1) carried out in connection with a lawfully authorized 
     investigative, protective, or intelligence activity of--
       ``(A) a law enforcement agency; or
       ``(B) a Federal intelligence agency; or
       ``(2) authorized under chapter 224.
       ``(d) Penalty.--Any individual who violates subsection 
     (b)--
       ``(1) shall be fined in accordance with this title, 
     imprisoned for not more than 5 years, or both, in accordance 
     with the level of severity of that individual's violation of 
     subsection (b); and
       ``(2) shall be prohibited from receiving a Federal grant 
     during the 5-year period beginning on the date on which a 
     sentence is imposed on the individual under paragraph (1).''.
       (b) Clerical Amendment.--The analysis for chapter 47 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``1041. Federal grant application fraud.''.

     SEC. 5204. RESTRICTING THE ACQUISITION OF EMERGING 
                   TECHNOLOGIES BY CERTAIN ALIENS.

       (a) In General.--The Secretary of State may impose the 
     sanctions described in subsection (c) if the Secretary 
     determines an alien is seeking to enter the United States to 
     knowingly acquire sensitive or emerging technologies to 
     undermine national security interests of the United States by 
     benefitting an adversarial foreign government's security or 
     strategic capabilities.
       (b) Relevant Factors.--To determine whether to impose 
     sanctions under subsection (a), the Secretary of State 
     shall--
       (1) take account of information and analyses relevant to 
     implementing subsection (a) from the Office of the Director 
     of National Intelligence, the Department of Health and Human 
     Services, the Department of Defense, the Department of 
     Homeland Security, the Department of Energy, the Department 
     of Commerce, and other appropriate Federal agencies;
       (2) take account of the continual expert assessments of 
     evolving sensitive or emerging technologies that foreign 
     adversaries are targeting;
       (3) take account of relevant information concerning the 
     foreign person's employment or collaboration, to the extent 
     known, with--
       (A) foreign military and security related organizations 
     that are adversarial to the United States;
       (B) foreign institutions involved in the theft of United 
     States research;
       (C) entities involved in export control violations or the 
     theft of intellectual property;
       (D) a government that seeks to undermine the integrity and 
     security of the United States research community; or
       (E) other associations or collaborations that pose a 
     national security threat based on intelligence assessments; 
     and
       (4) weigh the proportionality of risks and the factors 
     listed in paragraphs (1) through (3).
       (c) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Ineligibility for visas and admission to the united 
     states.--An alien described in subsection (a) may be--
       (A) inadmissible to the United States;
       (B) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (C) 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.).

[[Page S6044]]

       (2) Current visas revoked.--
       (A) In general.--An alien described in subsection (a) is 
     subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (B) Immediate effect.--A revocation under clause (A) shall 
     take effect immediately, and automatically cancel any other 
     valid visa or entry documentation that is in the alien's 
     possession, in accordance with section 221(i) of the 
     Immigration and Nationality Act.
       (3) Exception to comply with international obligations.--
     The sanctions described in this subsection shall not apply 
     with respect to an alien if admitting or paroling the alien 
     into the United States 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, or other 
     applicable international obligations.
       (d) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and semi-annually 
     thereafter until the sunset date set forth in subsection (f), 
     the Secretary of State, in coordination with the Director of 
     National Intelligence, the Director of the Office of Science 
     and Technology Policy, the Secretary of Homeland Security, 
     the Secretary of Defense, the Secretary of Energy, the 
     Secretary of Commerce, and the heads of other appropriate 
     Federal agencies, shall submit a report to the Committee on 
     the Judiciary of the Senate, the Committee on Foreign 
     Relations of the Senate, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, the Committee on the 
     Judiciary of the House of Representatives, the Committee on 
     Foreign Affairs of the House of Representatives, and the 
     Committee on Oversight and Reform of the House of 
     Representatives that identifies--
       (1) any criteria, if relevant used to describe the alien in 
     subsection (a);
       (2) the number of individuals determined to be subject to 
     sanctions under subsection (a), including the nationality of 
     each such individual and the reasons for each sanctions 
     determination; and
       (3) the number of days from the date of the consular 
     interview until a final decision is issued for each 
     application for a visa considered under this section, listed 
     by applicants' country of citizenship and relevant consulate.
       (e) Classification of Report.--Each report required under 
     subsection (d) shall be submitted, to the extent practicable, 
     in an unclassified form, but may be accompanied by a 
     classified annex.
       (f) Sunset.--This section shall cease to be effective on 
     the date that is 2 years after the date of the enactment of 
     this Act.

  Subtitle B--Intragovernmental Cybersecurity Information Sharing Act

     SEC. 5211. REQUIREMENT FOR INFORMATION SHARING AGREEMENTS.

       (a) Short Title.--This section may be cited as the 
     ``Intragovernmental Cybersecurity Information Sharing Act''.
       (b) Appropriate Officials Defined.--In this section, the 
     term ``appropriate officials'' means--
       (1) the Majority Leader, Minority Leader, and the Secretary 
     of the Senate with respect to an agreement with the Sergeant 
     at Arms and Doorkeeper of the Senate; and
       (2) the Speaker, the Minority Leader, and the Sergeant at 
     Arms of the House of Representatives with respect to an 
     agreement with the Chief Administrative Officer of the House 
     of Representatives.
       (c) Requirement.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the President, the Sergeant at Arms 
     and Doorkeeper of the Senate, and the Chief Administrative 
     Officer of the House of Representatives, in consultation with 
     appropriate officials, shall enter into 1 or more 
     cybersecurity information sharing agreements to enhance 
     collaboration between the executive branch and Congress on 
     implementing cybersecurity measures to improve the protection 
     of legislative branch information technology.
       (2) Delegation.--If the President delegates the duties 
     under paragraph (1), the designee of the President shall 
     coordinate with appropriate Executive agencies (as defined in 
     section 105 of title 5, United States Code, including the 
     Executive Office of the President) and appropriate officers 
     in the executive branch in entering any agreement described 
     in paragraph (1).
       (d) Elements.--The parties to a cybersecurity information 
     sharing agreement under subsection (c) shall jointly develop 
     such elements of the agreement as the parties find 
     appropriate, which may include--
       (1) direct and timely sharing of technical indicators and 
     contextual information on cyber threats and vulnerabilities, 
     and the means for such sharing;
       (2) direct and timely sharing of classified and 
     unclassified reports on cyber threats and activities 
     consistent with the protection of sources and methods;
       (3) seating of cybersecurity personnel of the Office of the 
     Sergeant at Arms and Doorkeeper of the Senate or the Office 
     of the Chief Administrative Officer of the House of 
     Representatives at cybersecurity operations centers; and
       (4) any other elements the parties find appropriate.
       (e) Briefing to Congress.--Not later than 210 days after 
     the date of enactment of this Act, and periodically 
     thereafter, the President shall brief the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Rules and Administration of the Senate, the Committee on 
     Homeland Security and the Committee on House Administration 
     of the House of Representatives, and appropriate officials on 
     the status of the implementation of the agreements required 
     under subsection (c).

        Subtitle C--Improving Government for America's Taxpayers

     SEC. 5221. GOVERNMENT ACCOUNTABILITY OFFICE UNIMPLEMENTED 
                   PRIORITY RECOMMENDATIONS.

       The Comptroller General of the United States shall, as part 
     of the Comptroller General's annual reporting to committees 
     of Congress--
       (1) consolidate Matters for Congressional Consideration 
     from the Government Accountability Office in one report 
     organized by policy topic that includes the amount of time 
     such Matters have been unimplemented and submit such report 
     to congressional leadership and the oversight committees of 
     each House;
       (2) with respect to the annual letters sent by the 
     Comptroller General to individual agency heads and relevant 
     congressional committees on the status of unimplemented 
     priority recommendations, identify any additional 
     congressional oversight actions that can help agencies 
     implement such priority recommendations and address any 
     underlying issues relating to such implementation;
       (3) make publicly available the information described in 
     paragraphs (1) and (2); and
       (4) publish any known costs of unimplemented priority 
     recommendations, if applicable.

                 Subtitle D--Advancing American AI Act

     SEC. 5231. SHORT TITLE.

       This subtitle may be cited as the ``Advancing American AI 
     Act''.

     SEC. 5232. PURPOSES.

       The purposes of this subtitle are to--
       (1) encourage agency artificial intelligence-related 
     programs and initiatives that enhance the competitiveness of 
     the United States and foster an approach to artificial 
     intelligence that builds on the strengths of the United 
     States in innovation and entrepreneurialism;
       (2) enhance the ability of the Federal Government to 
     translate research advances into artificial intelligence 
     applications to modernize systems and assist agency leaders 
     in fulfilling their missions;
       (3) promote adoption of modernized business practices and 
     advanced technologies across the Federal Government that 
     align with the values of the United States, including the 
     protection of privacy, civil rights, and civil liberties; and
       (4) test and harness applied artificial intelligence to 
     enhance mission effectiveness and business practice 
     efficiency.

     SEC. 5233. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 3502 of title 44, United States Code.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Oversight and Reform of the House of 
     Representatives.
       (3) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given the term in section 
     238(g) of the John S. McCain National Defense Authorization 
     Act for Fiscal Year 2019 (10 U.S.C. 2358 note).
       (4) Artificial intelligence system.--The term ``artificial 
     intelligence system''--
       (A) means any data system, software, application, tool, or 
     utility that operates in whole or in part using dynamic or 
     static machine learning algorithms or other forms of 
     artificial intelligence, whether--
       (i) the data system, software, application, tool, or 
     utility is established primarily for the purpose of 
     researching, developing, or implementing artificial 
     intelligence technology; or
       (ii) artificial intelligence capability is integrated into 
     another system or agency business process, operational 
     activity, or technology system; and
       (B) does not include any common commercial product within 
     which artificial intelligence is embedded, such as a word 
     processor or map navigation system.
       (C)
       (5) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (6) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.

     SEC. 5234. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL 
                   INTELLIGENCE IN GOVERNMENT.

       (a) Guidance.--The Director shall, when developing the 
     guidance required under section 104(a) of the AI in 
     Government Act of 2020 (title I of division U of Public Law 
     116-260), consider--
       (1) the considerations and recommended practices identified 
     by the National Security Commission on Artificial 
     Intelligence in the report entitled ``Key Considerations for 
     the Responsible Development and Fielding of AI'', as updated 
     in April 2021;
       (2) the principles articulated in Executive Order 13960 (85 
     Fed. Reg. 78939; relating to

[[Page S6045]]

     promoting the use of trustworthy artificial intelligence in 
     Government); and
       (3) the input of--
       (A) the Privacy and Civil Liberties Oversight Board;
       (B) relevant interagency councils, such as the Federal 
     Privacy Council, the Chief Information Officers Council, and 
     the Chief Data Officers Council;
       (C) other governmental and nongovernmental privacy, civil 
     rights, and civil liberties experts; and
       (D) any other individual or entity the Director determines 
     to be appropriate.
       (b) Department Policies and Processes for Procurement and 
     Use of Artificial Intelligence-enabled Systems.--Not later 
     than 180 days after the date of enactment of this Act--
       (1) the Secretary of Homeland Security, with the 
     participation of the Chief Procurement Officer, the Chief 
     Information Officer, the Chief Privacy Officer, and the 
     Officer for Civil Rights and Civil Liberties of the 
     Department and any other person determined to be relevant by 
     the Secretary of Homeland Security, shall issue policies and 
     procedures for the Department related to--
       (A) the acquisition and use of artificial intelligence; and
       (B) considerations for the risks and impacts related to 
     artificial intelligence-enabled systems, including associated 
     data of machine learning systems, to ensure that full 
     consideration is given to--
       (i) the privacy, civil rights, and civil liberties impacts 
     of artificial intelligence-enabled systems; and
       (ii) security against misuse, degradation, or rending 
     inoperable of artificial intelligence-enabled systems; and
       (2) the Chief Privacy Officer and the Officer for Civil 
     Rights and Civil Liberties of the Department shall report to 
     Congress on any additional staffing or funding resources that 
     may be required to carry out the requirements of this 
     subsection.
       (c) Inspector General.--Not later than 180 days after the 
     date of enactment of this Act, the Inspector General of the 
     Department shall identify any training and investments needed 
     to enable employees of the Office of the Inspector General to 
     continually advance their understanding of--
       (1) artificial intelligence systems;
       (2) best practices for governance, oversight, and audits of 
     the use of artificial intelligence systems; and
       (3) how the Office of the Inspector General is using 
     artificial intelligence to enhance audit and investigative 
     capabilities, including actions to--
       (A) ensure the integrity of audit and investigative 
     results; and
       (B) guard against bias in the selection and conduct of 
     audits and investigations.
       (d) Artificial Intelligence Hygiene and Protection of 
     Government Information, Privacy, Civil Rights, and Civil 
     Liberties.--
       (1) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director, in consultation with a 
     working group consisting of members selected by the Director 
     from appropriate interagency councils, shall develop an 
     initial means by which to--
       (A) ensure that contracts for the acquisition of an 
     artificial intelligence system or service--
       (i) align with the guidance issued to the head of each 
     agency under section 104(a) of the AI in Government Act of 
     2020 (title I of division U of Public Law 116-260);
       (ii) address protection of privacy, civil rights, and civil 
     liberties;
       (iii) address the ownership and security of data and other 
     information created, used, processed, stored, maintained, 
     disseminated, disclosed, or disposed of by a contractor or 
     subcontractor on behalf of the Federal Government; and
       (iv) include considerations for securing the training data, 
     algorithms, and other components of any artificial 
     intelligence system against misuse, unauthorized alteration, 
     degradation, or rendering inoperable; and
       (B) address any other issue or concern determined to be 
     relevant by the Director to ensure appropriate use and 
     protection of privacy and Government data and other 
     information.
       (2) Consultation.--In developing the considerations under 
     paragraph (1)(A)(iv), the Director shall consult with the 
     Secretary of Homeland Security, the Director of the National 
     Institute of Standards and Technology, and the Director of 
     National Intelligence.
       (3) Review.--The Director--
       (A) should continuously update the means developed under 
     paragraph (1); and
       (B) not later than 2 years after the date of enactment of 
     this Act and not less frequently than every 2 years 
     thereafter, shall update the means developed under paragraph 
     (1).
       (4) Briefing.--The Director shall brief the appropriate 
     congressional committees--
       (A) not later than 90 days after the date of enactment of 
     this Act and thereafter on a quarterly basis until the 
     Director first implements the means developed under paragraph 
     (1); and
       (B) annually thereafter on the implementation of this 
     subsection.
       (5) Sunset.--This subsection shall cease to be effective on 
     the date that is 5 years after the date of enactment of this 
     Act.

     SEC. 5235. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE 
                   CASES.

       (a) Inventory.--Not later than 60 days after the date of 
     enactment of this Act, and continuously thereafter for a 
     period of 5 years, the Director, in consultation with the 
     Chief Information Officers Council, the Chief Data Officers 
     Council, and other interagency bodies as determined to be 
     appropriate by the Director, shall require the head of each 
     agency to--
       (1) prepare and maintain an inventory of the artificial 
     intelligence use cases of the agency, including current and 
     planned uses;
       (2) share agency inventories with other agencies, to the 
     extent practicable and consistent with applicable law and 
     policy, including those concerning protection of privacy and 
     of sensitive law enforcement, national security, and other 
     protected information; and
       (3) make agency inventories available to the public, in a 
     manner determined by the Director, and to the extent 
     practicable and in accordance with applicable law and policy, 
     including those concerning the protection of privacy and of 
     sensitive law enforcement, national security, and other 
     protected information.
       (b) Central Inventory.--The Director is encouraged to 
     designate a host entity and ensure the creation and 
     maintenance of an online public directory to--
       (1) make agency artificial intelligence use case 
     information available to the public and those wishing to do 
     business with the Federal Government; and
       (2) identify common use cases across agencies.
       (c) Sharing.--The sharing of agency inventories described 
     in subsection (a)(2) may be coordinated through the Chief 
     Information Officers Council, the Chief Data Officers 
     Council, the Chief Financial Officers Council, the Chief 
     Acquisition Officers Council, or other interagency bodies to 
     improve interagency coordination and information sharing for 
     common use cases.

     SEC. 5236. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED 
                   ARTIFICIAL INTELLIGENCE CAPABILITIES TO 
                   DEMONSTRATE MODERNIZATION ACTIVITIES RELATED TO 
                   USE CASES.

       (a) Identification of Use Cases.--Not later than 270 days 
     after the date of enactment of this Act, the Director, in 
     consultation with the Chief Information Officers Council, the 
     Chief Data Officers Council, and other interagency bodies as 
     determined to be appropriate by the Director, shall identify 
     4 new use cases for the application of artificial 
     intelligence-enabled systems to support interagency or intra-
     agency modernization initiatives that require linking 
     multiple siloed internal and external data sources, 
     consistent with applicable laws and policies, including those 
     relating to the protection of privacy and of sensitive law 
     enforcement, national security, and other protected 
     information.
       (b) Pilot Program.--
       (1) Purposes.--The purposes of the pilot program under this 
     subsection include--
       (A) to enable agencies to operate across organizational 
     boundaries, coordinating between existing established 
     programs and silos to improve delivery of the agency mission; 
     and
       (B) to demonstrate the circumstances under which artificial 
     intelligence can be used to modernize or assist in 
     modernizing legacy agency systems.
       (2) Deployment and pilot.--Not later than 1 year after the 
     date of enactment of this Act, the Director, in coordination 
     with the heads of relevant agencies and other officials as 
     the Director determines to be appropriate, shall ensure the 
     initiation of the piloting of the 4 new artificial 
     intelligence use case applications identified under 
     subsection (a), leveraging commercially available 
     technologies and systems to demonstrate scalable artificial 
     intelligence-enabled capabilities to support the use cases 
     identified under subsection (a).
       (3) Risk evaluation and mitigation plan.--In carrying out 
     paragraph (2), the Director shall require the heads of 
     agencies to--
       (A) evaluate risks in utilizing artificial intelligence 
     systems; and
       (B) develop a risk mitigation plan to address those risks, 
     including consideration of--
       (i) the artificial intelligence system not performing as 
     expected;
       (ii) the lack of sufficient or quality training data; and
       (iii) the vulnerability of a utilized artificial 
     intelligence system to unauthorized manipulation or misuse.
       (4) Prioritization.--In carrying out paragraph (2), the 
     Director shall prioritize modernization projects that--
       (A) would benefit from commercially available privacy-
     preserving techniques, such as use of differential privacy, 
     federated learning, and secure multiparty computing; and
       (B) otherwise take into account considerations of civil 
     rights and civil liberties.
       (5) Use case modernization application areas.--Use case 
     modernization application areas described in paragraph (2) 
     shall include not less than 1 from each of the following 
     categories:
       (A) Applied artificial intelligence to drive agency 
     productivity efficiencies in predictive supply chain and 
     logistics, such as--
       (i) predictive food demand and optimized supply;
       (ii) predictive medical supplies and equipment demand and 
     optimized supply; or
       (iii) predictive logistics to accelerate disaster 
     preparedness, response, and recovery.

[[Page S6046]]

       (B) Applied artificial intelligence to accelerate agency 
     investment return and address mission-oriented challenges, 
     such as--
       (i) applied artificial intelligence portfolio management 
     for agencies;
       (ii) workforce development and upskilling;
       (iii) redundant and laborious analyses;
       (iv) determining compliance with Government requirements, 
     such as with grants management; or
       (v) outcomes measurement to measure economic and social 
     benefits.
       (6) Requirements.--Not later than 3 years after the date of 
     enactment of this Act, the Director, in coordination with the 
     heads of relevant agencies and other officials as the 
     Director determines to be appropriate, shall establish an 
     artificial intelligence capability within each of the 4 use 
     case pilots under this subsection that--
       (A) solves data access and usability issues with automated 
     technology and eliminates or minimizes the need for manual 
     data cleansing and harmonization efforts;
       (B) continuously and automatically ingests data and updates 
     domain models in near real-time to help identify new patterns 
     and predict trends, to the extent possible, to help agency 
     personnel to make better decisions and take faster actions;
       (C) organizes data for meaningful data visualization and 
     analysis so the Government has predictive transparency for 
     situational awareness to improve use case outcomes;
       (D) is rapidly configurable to support multiple 
     applications and automatically adapts to dynamic conditions 
     and evolving use case requirements, to the extent possible
       (E) enables knowledge transfer and collaboration across 
     agencies; and
       (F) preserves intellectual property rights to the data and 
     output for benefit of the Federal Government and agencies.
       (c) Briefing.--Not earlier than 270 days but not later than 
     1 year after the date of enactment of this Act, and annually 
     thereafter for 4 years, the Director shall brief the 
     appropriate congressional committees on the activities 
     carried out under this section and results of those 
     activities.
       (d) Sunset.--The section shall cease to be effective on the 
     date that is 5 years after the date of enactment of this Act.

     SEC. 5237. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.

       (a) Innovative Commercial Items.--Section 880 of the 
     National Defense Authorization Act for Fiscal Year 2017 (41 
     U.S.C. 3301 note) is amended--
       (1) in subsection (c), by striking $10,000,000'' and 
     inserting ``$25,000,000'';
       (2) by amending subsection (f) to read as follows:
       ``(f) Definitions.--In this section--
       ``(1) the term `commercial product'--
       ``(A) has the meaning given the term `commercial item' in 
     section 2.101 of the Federal Acquisition Regulation; and
       ``(B) includes a commercial product or a commercial 
     service, as defined in sections 103 and 103a, respectively, 
     of title 41, United States Code; and
       ``(2) the term `innovative' means--
       ``(A) any new technology, process, or method, including 
     research and development; or
       ``(B) any new application of an existing technology, 
     process, or method.''; and
       (3) in subsection (g), by striking ``2022'' and insert 
     ``2027''.
       (b) DHS Other Transaction Authority.--Section 831 of the 
     Homeland Security Act of 2002 (6 U.S.C. 391) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``September 30, 2017'' and inserting ``September 30, 2024''; 
     and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Prototype projects.--The Secretary--
       ``(A) may, under the authority of paragraph (1), carry out 
     prototype projects under section 4022 of title 10, United 
     States Code; and
       ``(B) in applying the authorities of such section 4022, the 
     Secretary shall perform the functions of the Secretary of 
     Defense as prescribed in such section.'';
       (2) in subsection (c)(1), by striking ``September 30, 
     2017'' and inserting ``September 30, 2024''; and
       (3) in subsection (d), by striking ``section 845(e)'' and 
     all that follows and inserting ``section 4022(e) of title 10, 
     United States Code.''.
       (c) Commercial Off the Shelf Supply Chain Risk Management 
     Tools.--The General Services Administration is encouraged to 
     pilot commercial off the shelf supply chain risk management 
     tools to improve the ability of the Federal Government to 
     characterize, monitor, predict, and respond to specific 
     supply chain threats and vulnerabilities that could inhibit 
     future Federal acquisition operations.

                  Subtitle E--Strategic EV Management

     SEC. 5241. SHORT TITLE.

       This subtitle may be cited as the ``Strategic EV Management 
     Act of 2022''.

     SEC. 5242. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, 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; and
       (B) the Committee on Oversight and Reform of the House of 
     Representatives.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.

     SEC. 5243. STRATEGIC GUIDANCE.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Director, shall coordinate with the heads of 
     agencies to develop a comprehensive, strategic plan for 
     Federal electric vehicle fleet battery management.
       (b) Contents.--The strategic plan required under subsection 
     (a) shall--
       (1) maximize both cost and environmental efficiencies; and
       (2) incorporate--
       (A) guidelines for optimal charging practices that will 
     maximize battery longevity and prevent premature degradation;
       (B) guidelines for reusing and recycling the batteries of 
     retired vehicles; and
       (C) any other considerations determined appropriate by the 
     Administrator and Director.
       (c) Modification.--The Administrator, in consultation with 
     the Director, may periodically update the strategic plan 
     required under subsection (a) as the Administrator and 
     Director may determine necessary based on new information 
     relating to electric vehicle batteries that becomes 
     available.
       (d) Consultation.--In developing the strategic plan 
     required under subsection (a) the Administrator, in 
     consultation with the Director, may consult with appropriate 
     entities, including--
       (1) the Secretary of Energy;
       (2) the Administrator of the Environmental Protection 
     Agency;
       (3) the Chair of the Council on Environmental Quality;
       (4) scientists who are studying electric vehicle batteries 
     and reuse and recycling solutions;
       (5) laboratories, companies, colleges, universities, or 
     start-ups engaged in battery use, reuse, and recycling 
     research;
       (6) industries interested in electric vehicle battery reuse 
     and recycling;
       (7) electric vehicle equipment manufacturers and recyclers; 
     and
       (8) any other relevant entities, as determined by the 
     Administrator and Director.
       (e) Report.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Administrator and the Director 
     shall submit to the appropriate congressional committees a 
     report that describes the strategic plan required under 
     subsection (a).
       (2) Briefing.--Not later than 4 years after the date of 
     enactment of this Act, the Administrator and the Director 
     shall brief the appropriate congressional committees on the 
     implementation of the strategic plan required under 
     subsection (a) across agencies.

     SEC. 5244. STUDY OF FEDERAL FLEET VEHICLES.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to Congress a report on how the costs and benefits of 
     operating and maintaining electric vehicles in the Federal 
     fleet compare to the costs and benefits of operating and 
     maintaining internal combustion engine vehicles. The 
     Comptroller General of the United States shall, as part of 
     the Comptroller General's annual reporting to committees of 
     Congress--
       (1) consolidate Matters for Congressional Consideration 
     from the Government Accountability Office in one report 
     organized by policy topic that includes the amount of time 
     such Matters have been unimplemented and submit such report 
     to congressional leadership and the oversight committees of 
     each House;
       (2) with respect to the annual letters sent by the 
     Comptroller General to individual agency heads and relevant 
     congressional committees on the status of unimplemented 
     priority recommendations, identify any additional 
     congressional oversight actions that can help agencies 
     implement such priority recommendations and address any 
     underlying issues relating to such implementation;
       (3) make publicly available the information described in 
     paragraphs (1) and (2); and
       (4) publish any known costs of unimplemented priority 
     recommendations, if applicable.

              Subtitle F--Congressionally Mandated Reports

     SEC. 5251. SHORT TITLE.

       This subtitle may be cited as the ``Access to 
     Congressionally Mandated Reports Act''.

     SEC. 5252. DEFINITIONS.

       In this subtitle:
       (1) Congressional leadership.--The term ``congressional 
     leadership'' means the Speaker, majority leader, and minority 
     leader of the House of Representatives and the majority 
     leader and minority leader of the Senate.
       (2) Congressionally mandated report.--
       (A) In general.--The term ``congressionally mandated 
     report'' means a report of a Federal agency that is required 
     by statute to be submitted to either House of Congress or any 
     committee of Congress or subcommittee thereof.
       (B) Exclusions.--
       (i) Patriotic and national organizations.--The term 
     ``congressionally mandated report'' does not include a report 
     required under part B of subtitle II of title 36, United 
     States Code.

[[Page S6047]]

       (ii) Inspectors general.--The term ``congressionally 
     mandated report'' does not include a report by an office of 
     an inspector general.
       (iii) National security exception.--The term 
     ``congressionally mandated report'' does not include a report 
     that is required to be submitted to one or more of the 
     following committees:

       (I) The Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Appropriations, or the 
     Committee on Foreign Relations of the Senate.
       (II) The Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Appropriations, 
     or the Committee on Foreign Affairs of the House of 
     Representatives.

       (3) Director.--The term ``Director'' means the Director of 
     the Government Publishing Office.
       (4) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``federal agency'' under section 102 
     of title 40, United States Code, but does not include the 
     Government Accountability Office or an element of the 
     intelligence community.
       (5) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
       (6) Reports online portal.--The term ``reports online 
     portal'' means the online portal established under section 
     5253(a).

     SEC. 5253. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY 
                   MANDATED REPORTS.

       (a) Requirement To Establish Online Portal.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall establish and 
     maintain an online portal accessible by the public that 
     allows the public to obtain electronic copies of 
     congressionally mandated reports in one place.
       (2) Existing functionality.--To the extent possible, the 
     Director shall meet the requirements under paragraph (1) by 
     using existing online portals and functionality under the 
     authority of the Director in consultation with the Director 
     of National Intelligence.
       (3) Consultation.--In carrying out this subtitle, the 
     Director shall consult with congressional leadership, the 
     Clerk of the House of Representatives, the Secretary of the 
     Senate, and the Librarian of Congress regarding the 
     requirements for and maintenance of congressionally mandated 
     reports on the reports online portal.
       (b) Content and Function.--The Director shall ensure that 
     the reports online portal includes the following:
       (1) Subject to subsection (c), with respect to each 
     congressionally mandated report, each of the following:
       (A) A citation to the statute requiring the report.
       (B) An electronic copy of the report, including any 
     transmittal letter associated with the report, that--
       (i) is based on an underlying open data standard that is 
     maintained by a standards organization;
       (ii) allows the full text of the report to be searchable; 
     and
       (iii) is not encumbered by any restrictions that would 
     impede the reuse or searchability of the report.
       (C) The ability to retrieve a report, to the extent 
     practicable, through searches based on each, and any 
     combination, of the following:
       (i) The title of the report.
       (ii) The reporting Federal agency.
       (iii) The date of publication.
       (iv) Each congressional committee or subcommittee receiving 
     the report, if applicable.
       (v) The statute requiring the report.
       (vi) Subject tags.
       (vii) A unique alphanumeric identifier for the report that 
     is consistent across report editions.
       (viii) The serial number, Superintendent of Documents 
     number, or other identification number for the report, if 
     applicable.
       (ix) Key words.
       (x) Full text search.
       (xi) Any other relevant information specified by the 
     Director.
       (D) The date on which the report was required to be 
     submitted, and on which the report was submitted, to the 
     reports online portal.
       (E) To the extent practicable, a permanent means of 
     accessing the report electronically.
       (2) A means for bulk download of all congressionally 
     mandated reports.
       (3) A means for downloading individual reports as the 
     result of a search.
       (4) An electronic means for the head of each Federal agency 
     to submit to the reports online portal each congressionally 
     mandated report of the agency, as required by sections 5254 
     and 5256.
       (5) In tabular form, a list of all congressionally mandated 
     reports that can be searched, sorted, and downloaded by--
       (A) reports submitted within the required time;
       (B) reports submitted after the date on which such reports 
     were required to be submitted; and
       (C) to the extent practicable, reports not submitted.
       (c) Noncompliance by Federal Agencies.--
       (1) Reports not submitted.--If a Federal agency does not 
     submit a congressionally mandated report to the Director, the 
     Director shall to the extent practicable--
       (A) include on the reports online portal--
       (i) the information required under clauses (i), (ii), (iv), 
     and (v) of subsection (b)(1)(C); and
       (ii) the date on which the report was required to be 
     submitted; and
       (B) include the congressionally mandated report on the list 
     described in subsection (b)(5)(C).
       (2) Reports not in open format.--If a Federal agency 
     submits a congressionally mandated report that does not meet 
     the criteria described in subsection (b)(1)(B), the Director 
     shall still include the congressionally mandated report on 
     the reports online portal.
       (d) Deadline.--The Director shall ensure that information 
     required to be published on the reports online portal under 
     this subtitle with respect to a congressionally mandated 
     report or information required under subsection (c) of this 
     section is published--
       (1) not later than 30 days after the information is 
     received from the Federal agency involved; or
       (2) in the case of information required under subsection 
     (c), not later than 30 days after the deadline under this 
     subtitle for the Federal agency involved to submit 
     information with respect to the congressionally mandated 
     report involved.
       (e) Exception for Certain Reports.--
       (1) Exception described.--A congressionally mandated report 
     which is required by statute to be submitted to a committee 
     of Congress or a subcommittee thereof, including any 
     transmittal letter associated with the report, shall not be 
     submitted to or published on the reports online portal if the 
     chair of a committee or subcommittee to which the report is 
     submitted notifies the Director in writing that the report is 
     to be withheld from submission and publication under this 
     subtitle.
       (2) Notice on portal.--If a report is withheld from 
     submission to or publication on the reports online portal 
     under paragraph (1), the Director shall post on the portal--
       (A) a statement that the report is withheld at the request 
     of a committee or subcommittee involved; and
       (B) the written notification provided by the chair of the 
     committee or subcommittee specified in paragraph (1).
       (f) Free Access.--The Director may not charge a fee, 
     require registration, or impose any other limitation in 
     exchange for access to the reports online portal.
       (g) Upgrade Capability.--The reports online portal shall be 
     enhanced and updated as necessary to carry out the purposes 
     of this subtitle.
       (h) Submission to Congress.--The submission of a 
     congressionally mandated report to the reports online portal 
     pursuant to this subtitle shall not be construed to satisfy 
     any requirement to submit the congressionally mandated report 
     to Congress, or a committee or subcommittee thereof.

     SEC. 5254. FEDERAL AGENCY RESPONSIBILITIES.

       (a) Submission of Electronic Copies of Reports.--Not 
     earlier than 30 days or later than 60 days after the date on 
     which a congressionally mandated report is submitted to 
     either House of Congress or to any committee of Congress or 
     subcommittee thereof, the head of the Federal agency 
     submitting the congressionally mandated report shall submit 
     to the Director the information required under subparagraphs 
     (A) through (D) of section 5253(b)(1) with respect to the 
     congressionally mandated report. Notwithstanding section 
     5256, nothing in this subtitle shall relieve a Federal agency 
     of any other requirement to publish the congressionally 
     mandated report on the online portal of the Federal agency or 
     otherwise submit the congressionally mandated report to 
     Congress or specific committees of Congress, or subcommittees 
     thereof.
       (b) Guidance.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget, in consultation with the Director, 
     shall issue guidance to agencies on the implementation of 
     this subtitle.
       (c) Structure of Submitted Report Data.--The head of each 
     Federal agency shall ensure that each congressionally 
     mandated report submitted to the Director complies with the 
     guidance on the implementation of this subtitle issued by the 
     Director of the Office of Management and Budget under 
     subsection (b).
       (d) Point of Contact.--The head of each Federal agency 
     shall designate a point of contact for congressionally 
     mandated reports.
       (e) Requirement for Submission.--The Director shall not 
     publish any report through the reports online portal that is 
     received from anyone other than the head of the applicable 
     Federal agency, or an officer or employee of the Federal 
     agency specifically designated by the head of the Federal 
     agency.

     SEC. 5255. CHANGING OR REMOVING REPORTS.

       (a) Limitation on Authority To Change or Remove Reports.--
     Except as provided in subsection (b), the head of the Federal 
     agency concerned may change or remove a congressionally 
     mandated report submitted to be published on the reports 
     online portal only if--
       (1) the head of the Federal agency consults with each 
     committee of Congress or subcommittee thereof to which the 
     report is required to be submitted (or, in the case of a 
     report which is not required to be submitted to a particular 
     committee of Congress or subcommittee thereof, to each 
     committee

[[Page S6048]]

     with jurisdiction over the agency, as determined by the head 
     of the agency in consultation with the Speaker of the House 
     of Representatives and the President pro tempore of the 
     Senate) prior to changing or removing the report; and
       (2) a joint resolution is enacted to authorize the change 
     in or removal of the report.
       (b) Exceptions.--Notwithstanding subsection (a), the head 
     of the Federal agency concerned--
       (1) may make technical changes to a report submitted to or 
     published on the reports online portal;
       (2) may remove a report from the reports online portal if 
     the report was submitted to or published on the reports 
     online portal in error; and
       (3) may withhold information, records, or reports from 
     publication on the reports online portal in accordance with 
     section 5256.

     SEC. 5256. WITHHOLDING OF INFORMATION.

       (a) In General.--Nothing in this subtitle shall be 
     construed to--
       (1) require the disclosure of information, records, or 
     reports that are exempt from public disclosure under section 
     552 of title 5, United States Code, or that are required to 
     be withheld under section 552a of title 5, United States 
     Code; or
       (2) impose any affirmative duty on the Director to review 
     congressionally mandated reports submitted for publication to 
     the reports online portal for the purpose of identifying and 
     redacting such information or records.
       (b) Withholding of Information.--
       (1) In general.--Consistent with subsection (a)(1), the 
     head of a Federal agency may withhold from the Director, and 
     from publication on the reports online portal, any 
     information, records, or reports that are exempt from public 
     disclosure under section 552 of title 5, United States Code, 
     or that are required to be withheld under section 552a of 
     title 5, United States Code.
       (2) National security.--Nothing in this subtitle shall be 
     construed to require the publication, on the reports online 
     portal or otherwise, of any report containing information 
     that is classified, or the public release of which could have 
     a harmful effect on national security.
       (3) Law enforcement sensitive.--Nothing in this subtitle 
     shall be construed to require the publication on the reports 
     online portal or otherwise of any congressionally mandated 
     report--
       (A) containing information that is law enforcement 
     sensitive; or
       (B) that describe information security policies, 
     procedures, or activities of the executive branch.
       (c) Responsibility for Withholding of Information.--In 
     publishing congressionally mandated reports to the reports 
     online portal in accordance with this subtitle, the head of 
     each Federal agency shall be responsible for withholding 
     information pursuant to the requirements of this section.

     SEC. 5257. IMPLEMENTATION.

       (a) Reports Submitted to Congress.--
       (1) In general.--This subtitle shall apply with respect to 
     any congressionally mandated report which--
       (A) is required by statute to be submitted to the House of 
     Representatives, or the Speaker thereof, or the Senate, or 
     the President or President Pro Tempore thereof, at any time 
     on or after the date of the enactment of this Act; or
       (B) is included by the Clerk of the House of 
     Representatives or the Secretary of the Senate (as the case 
     may be) on the list of reports received by the House of 
     Representatives or the Senate (as the case may be) at any 
     time on or after the date of the enactment of this Act.
       (2) Transition rule for previously submitted reports.--To 
     the extent practicable, the Director shall ensure that any 
     congressionally mandated report described in paragraph (1) 
     which was required to be submitted to Congress by a statute 
     enacted before the date of the enactment of this Act is 
     published on the reports online portal under this subtitle.
       (b) Reports Submitted to Committees.--In the case of 
     congressionally mandated reports which are required by 
     statute to be submitted to a committee of Congress or a 
     subcommittee thereof, this subtitle shall apply with respect 
     to--
       (1) any such report which is first required to be submitted 
     by a statute which is enacted on or after the date of the 
     enactment of this Act; and
       (2) to the maximum extent practical, any congressionally 
     mandated report which was required to be submitted by a 
     statute enacted before the date of enactment of this Act 
     unless--
       (A) the chair of the committee, or subcommittee thereof, to 
     which the report was required to be submitted notifies the 
     Director in writing that the report is to be withheld from 
     publication; and
       (B) the Director publishes the notification on the reports 
     online portal.
       (c) Access for Congressional Leadership.--Notwithstanding 
     any provision of this subtitle or any other provision of law, 
     congressional leadership shall have access to any 
     congressionally mandated report.

     SEC. 5258. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this subtitle, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this subtitle, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______