[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.
______