[Congressional Record Volume 164, Number 199 (Tuesday, December 18, 2018)]
[Senate]
[Pages S7796-S7805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4155. Mr. GRASSLEY (for Mr. Alexander) proposed an amendment to 
the bill H.R. 6615, to reauthorize the Traumatic Brain Injury program; 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Traumatic Brain Injury 
     Program Reauthorization Act of 2018''.

     SEC. 2. PREVENTION AND CONTROL OF INJURIES.

       Part J of title III of the Public Health Service Act (42 
     U.S.C. 280b et seq.) is amended--
       (1) in section 393C (42 U.S.C. 280b-1d) by adding at the 
     end the following:
       ``(c) National Concussion Data Collection and Analysis.--
     The Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention, may implement concussion data 
     collection and analysis to determine the prevalence and 
     incidence of concussion.'';
       (2) in section 394A(b)(42 U.S.C. 280b-3(b)), by striking 
     ``$6,564,000 for each of fiscal years 2015 through 2019'' and 
     inserting ``$11,750,000 for each of fiscal years 2020 through 
     2024''; and
       (3) by striking section 393C-1 (42 U.S.C. 280b-1e).

     SEC. 3. STATE GRANTS FOR PROJECTS REGARDING TRAUMATIC BRAIN 
                   INJURY.

       Section 1252 of the Public Health Service Act (42 U.S.C. 
     300d-52) is amended--
       (1) in subsection (a), by inserting ``, acting through the 
     Administrator for the Administration for Community Living,'' 
     after ``The Secretary'';
       (2) by striking subsection (e);
       (3) by redesignating subsections (f) through (j) as 
     subsections (e) through (i), respectively; and
       (4) in subsection (i), as so redesignated, by striking 
     ``$5,500,000 for each of the fiscal years 2015 through 2019'' 
     and inserting ``$7,321,000 for each of fiscal years 2020 
     through 2024''.

[[Page S7797]]

  


     SEC. 4. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES.

       Section 1253 of the Public Health Service Act (42 U.S.C. 
     300d-53) is amended--
       (1) in subsection (a), by inserting ``, acting through the 
     Administrator for the Administration for Community Living,'' 
     after ``The Secretary''; and
       (2) in subsection (l), by striking ``$3,100,000 for each of 
     the fiscal years 2015 through 2019'' and inserting 
     ``$4,000,000 for each of fiscal years 2020 through 2024''.
                                 ______
                                 
  SA 4156. Mr. CASSIDY submitted an amendment intended to be proposed 
to amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to 
the bill S. 756, to reauthorize and amend the Marine Debris Act to 
promote international action to reduce marine debris, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON THE PREVALENCE OF MENTAL ILLNESS IN 
                   PRISONS AND JAILS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report on--
       (1) the prevalence of mental illness among inmates in 
     prisons and jails between 2013 and 2018 by clinical 
     diagnosis; and
       (2) the levels of care to which inmates are assigned.
       (b) Additional Contents.--The report required under 
     subsection (a) shall also include, specific to inmates in a 
     Bureau of Prisons facility, any data on such inmates that 
     would illuminate the reasons for the changes in assigned 
     mental care levels between 2013 and 2018, including staffing 
     levels during 2013 and 2018 and examination of patterns of 
     assigning inmates to different levels of care, including 
     demographic information, diagnosis, comorbid physical health 
     conditions, presence or absence of substance use disorder, 
     and medication.
                                 ______
                                 
  SA 4157. Mr. BOOZMAN (for Mr. Thune) proposed an amendment to the 
bill S. 2200, to reauthorize the National Integrated Drought 
Information System, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Integrated Drought 
     Information System Reauthorization Act of 2018''.

     SEC. 2. NATIONAL INTEGRATED DROUGHT INFORMATION SYSTEM 
                   PROGRAM.

       (a) In General.--Section 3 of the National Integrated 
     Drought Information System Act of 2006 (15 U.S.C. 313d) is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(A), by striking ``in order to make 
     usable, reliable, and timely forecasts of drought, 
     including'' and inserting ``, including precipitation, soil 
     moisture, and evaporative demand, in order to make usable, 
     reliable, and timely forecasts of drought and'';
       (B) in paragraph (3), by inserting ``watershed,'' after 
     ``regional,'';
       (C) in paragraph (4)--
       (i) by inserting ``, through interagency agreements'' after 
     ``integrate''; and
       (ii) by inserting ``information'' after ``warning'';
       (D) by amending paragraph (5) to read as follows:
       ``(5) utilize existing forecasting and assessment programs 
     and partnerships, including forecast communication 
     coordinators and cooperative institutes, and improvements in 
     seasonal precipitation and temperature, subseasonal 
     precipitation and temperature, and low flow water prediction; 
     and''; and
       (E) in paragraph (6), by inserting ``the prediction,'' 
     after ``relating to'';
       (2) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively;
       (3) by inserting after subsection (b) the following:
       ``(c) Partnerships.--The National Integrated Drought 
     Information System may--
       ``(1) engage with the private sector to improve drought 
     monitoring, forecast, and communication if the Under 
     Secretary determines the partnership is appropriate, cost-
     effective, and beneficial to the public and decisionmakers 
     described in subsection (b)(2)(A);
       ``(2) facilitate the development of 1 or more academic 
     cooperative partnerships to assist with National Integrated 
     Drought Information System functions; and
       ``(3) utilize and support, as appropriate, monitoring by 
     citizen scientists, including by developing best practices to 
     facilitate maximum data integration.'';
       (4) in subsection (d), as redesignated, by inserting ``and 
     sustainment'' after ``development''; and
       (5) by striking subsection (f), as redesignated, and 
     inserting the following:
       ``(f) Soil Moisture.--Not later than 1 year after the date 
     of enactment of the National Integrated Drought Information 
     System Reauthorization Act of 2018, the Under Secretary, 
     acting through the National Integrated Drought Information 
     System, shall develop a strategy for a national coordinated 
     soil moisture monitoring network.''.
       (b) Authorization of Appropriations.--Section 4 of the 
     National Integrated Drought Information System Act of 2006 
     (15 U.S.C. 313d note) is amended to read as follows:

     ``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     Act--
       ``(1) $13,500,000 for fiscal year 2019;
       ``(2) $13,750,000 for fiscal year 2020;
       ``(3) $14,000,000 for fiscal year 2021;
       ``(4) $14,250,000 for fiscal year 2022; and
       ``(5) $14,500,000 for fiscal year 2023.''.

     SEC. 3. REAUTHORIZATION OF TITLE II OF THE WEATHER RESEARCH 
                   AND FORECASTING INNOVATION ACT OF 2017.

       (a) Reauthorization of Title II of the Weather Research and 
     Forecasting Innovation Act of 2017.--Section 1762 of the Food 
     Security Act of 1985 (15 U.S.C. 8521) is amended--
       (1) by amending subsection (j) to read as follows:
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out the activities 
     under this section--
       ``(1) $26,500,000 for fiscal year 2019;
       ``(2) $27,000,000 for fiscal year 2020;
       ``(3) $27,500,000 for fiscal year 2021;
       ``(4) $28,000,000 for fiscal year 2022; and
       ``(5) $28,500,000 for fiscal year 2023.''; and
       (2) by adding at the end the following:
       ``(k) Derivation of Funds.--Amounts made available to carry 
     out this section shall be derived from amounts appropriated 
     or otherwise made available to the National Weather 
     Service.''.
       (b) United States Weather Research and Forecasting 
     Improvement.--Section 110 of the Weather Research and 
     Forecasting Innovation Act of 2017 (15 U.S.C. 8519) is 
     amended to read as follows:

     ``SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to the Office of Oceanic and Atmospheric Research to carry 
     out this title--
       ``(1) $136,516,000 for fiscal year 2019, of which--
       ``(A) $85,758,000 is authorized for weather laboratories 
     and cooperative institutes;
       ``(B) $30,758,000 is authorized for weather and air 
     chemistry research programs; and
       ``(C) $20,000,000 is authorized for the joint technology 
     transfer initiative described in section 102(b)(4);
       ``(2) $148,154,000 for fiscal year 2020, of which--
       ``(A) $87,258,000 is authorized for weather laboratories 
     and cooperative institutes;
       ``(B) $40,896,000 is authorized for weather and air 
     chemistry research programs; and
       ``(C) $20,000,000 is authorized for the joint technology 
     transfer initiative described in section 102(b)(4);
       ``(3) $150,154,000 for fiscal year 2021, of which--
       ``(A) $88,758,000 is authorized for weather laboratories 
     and cooperative institutes;
       ``(B) $41,396,000 is authorized for weather and air 
     chemistry research programs; and
       ``(C) $20,000,000 is authorized for the joint technology 
     transfer initiative described in section 102(b)(4);
       ``(4) $152,154,000 for fiscal year 2022, of which--
       ``(A) $90,258,000 is authorized for weather laboratories 
     and cooperative institutes;
       ``(B) $41,896,000 is authorized for weather and air 
     chemistry research programs; and
       ``(C) $20,000,000 is authorized for the joint technology 
     transfer initiative described in section 102(b)(4); and
       ``(5) $154,154,000 for fiscal year 2023, of which--
       ``(A) $91,758,000 is authorized for weather laboratories 
     and cooperative institutes;
       ``(B) $42,396,000 is authorized for weather and air 
     chemistry research programs; and
       ``(C) $20,000,000 is authorized for the joint technology 
     transfer initiative described in section 102(b)(4).
       ``(b) Limitation.--No additional funds are authorized to 
     carry out this title and the amendments made by this 
     title.''.

     SEC. 4. EARTH PREDICTION INNOVATION CENTER.

       (a) Weather Research and Forecasting Innovation.--Section 
     102(b) of the Weather Research and Forecasting Innovation Act 
     of 2017 (15 U.S.C. 8512(b)) is amended by adding at the end 
     the following:
       ``(4) Advancing weather modeling skill, reclaiming and 
     maintaining international leadership in the area of numerical 
     weather prediction, and improving the transition of research 
     into operations by--
       ``(A) leveraging the weather enterprise to provide 
     expertise on removing barriers to improving numerical weather 
     prediction;
       ``(B) enabling scientists and engineers to effectively 
     collaborate in areas important for improving operational 
     global numerical weather prediction skill, including model 
     development, data assimilation techniques, systems 
     architecture integration, and computational efficiencies;
       ``(C) strengthening the National Oceanic and Atmospheric 
     Administration's ability to undertake research projects in 
     pursuit of substantial advancements in weather forecast 
     skill;
       ``(D) utilizing and leverage existing resources across the 
     National Oceanic and Atmospheric Administration enterprise; 
     and
       ``(E) creating a community global weather research modeling 
     system that--
       ``(i) is accessible by the public;
       ``(ii) meets basic end-user requirements for running on 
     public computers and networks located outside of secure 
     National Oceanic and Atmospheric Administration information 
     and technology systems; and
       ``(iii) utilizes, whenever appropriate and cost-effective, 
     innovative strategies and

[[Page S7798]]

     methods, including cloud-based computing capabilities, for 
     hosting and management of part or all of the system described 
     in this subsection.''.
       (b) United States Weather Research Program.--Section 108(a) 
     of the National Oceanic and Atmospheric Administration 
     Authorization Act of 1992 (15 U.S.C. 8520(a)) is amended--
       (1) in paragraph (10), by striking ``; and'' and inserting 
     a semi-colon;
       (2) in paragraph (11), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(12) carry out the activities of the Earth Prediction 
     Innovation Center as described in section 102(b)(2) of the 
     Weather Research and Forecasting Innovation Act of 2017 (15 
     U.S.C. 8512(b)(2)).''.

     SEC. 5. COMPUTING RESOURCES PRIORITIZATION.

       (a) In General.--Section 108 of the Weather Research and 
     Forecasting Innovation Act of 2017 (15 U.S.C. 8518) is 
     amended to read as follows:

     ``SEC. 108. COMPUTING RESOURCE EFFICIENCY IMPROVEMENT AND 
                   ANNUAL REPORT.

       ``(a) Computing Resources.--
       ``(1) In general.--In acquiring computing capabilities, 
     including high performance computing technologies and 
     supercomputing technologies, that enable the National Oceanic 
     and Atmospheric Administration to meet its mission 
     requirements, the Under Secretary shall, when appropriate and 
     cost-effective, assess and prioritize options for entering 
     into multi-year lease agreements for computing capabilities 
     over options for purchasing computing hardware outright.
       ``(2) Acquisition.--In carrying out the requirements of 
     paragraph (1), the Under Secretary shall structure multi-year 
     lease agreements in such a manner that the expiration of the 
     lease is set for a date on or around--
       ``(A) the expected degradation point of the computing 
     resources; or
       ``(B) the point at which significantly increased computing 
     capabilities are expected to be available for lease.
       ``(3) Pilot programs.--
       ``(A) In general.--In order to more efficiently and 
     effectively meet the mission requirements of the National 
     Oceanic and Atmospheric Administration, the Under Secretary 
     may create 1 or more pilot programs for assessing new or 
     innovative information and technology capabilities and 
     services.
       ``(B) Program requirements.--Any program created under 
     paragraph (3) shall assess only those capabilities and 
     services that--
       ``(i) meet or exceed the standards and requirements of the 
     National Oceanic and Atmospheric Administration, including 
     for processing speed, cybersecurity, and overall reliability; 
     or
       ``(ii) meet or exceed, or are expected to meet or exceed, 
     the performance of similar, in-house information and 
     technology capabilities and services that are owned and 
     operated by the National Oceanic and Atmospheric 
     Administration prior to the establishment of the pilot 
     program.
       ``(C) Authorization of appropriations.--There is authorized 
     to be appropriated, out of funds appropriated to the National 
     Environmental Satellite, Data, and Information Service, to 
     carry out this paragraph $5,000,000 for fiscal year 2019, 
     $10,000,000 for fiscal year 2020, and $5,000,000 for each of 
     fiscal years 2021 through 2023, to remain available until 
     expended.
       ``(b) Reports.--Not later than 1 year after the date of 
     enactment of the National Integrated Drought Information 
     System Reauthorization Act of 2018, and triennially 
     thereafter until the date that is 6 years after the date on 
     which the first report is submitted, the Under Secretary, 
     acting through the Chief Information Officer of the National 
     Oceanic and Atmospheric Administration and in coordination 
     with the Assistant Administrator for Oceanic and Atmospheric 
     Research and the Director of the National Weather Service, 
     shall produce and make publicly available a report that 
     explains how the Under Secretary intends--
       ``(1) to continually support upgrades to pursue the 
     fastest, most powerful, and cost-effective high performance 
     computing technologies in support of its weather prediction 
     mission;
       ``(2) to ensure a balance between the research to 
     operations requirements to develop the next generation of 
     regional and global models as well as highly reliable 
     operational models;
       ``(3) to take advantage of advanced development concepts 
     to, as appropriate, make next generation weather prediction 
     models available in beta-test mode to operational 
     forecasters, the United States weather industry, and partners 
     in academic and Government research;
       ``(4) to use existing computing resources to improve 
     advanced research and operational weather prediction;
       ``(5) to utilize non-Federal contracts to obtain the 
     necessary expertise for advanced weather computing, if 
     appropriate;
       ``(6) to utilize cloud computing; and
       ``(7) to create a long-term strategy to transition the 
     programming language of weather model code to current and 
     broadly-used coding language.''.
       (b) Table of Contents.--Section 1(b) of the Weather 
     Research and Forecasting Innovation Act of 2017 (Public Law 
     115-25; 131 Stat. 91) is amended by striking the item 
     relating to section 108 and inserting the following:
``Sec. 108. Computing resource efficiency improvement and annual 
              report.''.

     SEC. 7. SATELLITE ARCHITECTURE PLANNING.

       Section 301 of the Weather Research and Forecasting 
     Innovation Act of 2017 (15 U.S.C. 8531) is amended by adding 
     at the end the following:
       ``(c) Next Generation Satellite Architecture.--
       ``(1) In general.--The Under Secretary shall analyze, test, 
     and plan the procurement of future data sources and satellite 
     architectures, including respective ground system elements, 
     identified in the National Oceanic and Atmospheric 
     Administration's Satellite Observing System Architecture 
     Study that--
       ``(A) lower the cost of observations used to meet the 
     National Oceanic and Atmospheric Administration's mission 
     requirements;
       ``(B) disaggregate current satellite systems, where 
     appropriate;
       ``(C) include new, value-adding technological advancements; 
     and
       ``(D) improve weather forecasting and predictions.
       ``(2) Quantitative assessments and partnership authority.--
     In meeting the requirements described in paragraph (1), the 
     Under Secretary--
       ``(A) may partner with the commercial and academic sectors, 
     non-governmental and not-for-profit organizations, and other 
     Federal agencies; and
       ``(B) shall, consistent with section 107 of this Act, 
     undertake quantitative assessments for objective analyses, as 
     the Under Secretary considers appropriate, to evaluate 
     relative value and benefits of future data sources and 
     satellite architectures described in paragraph (1).
       ``(d) Additional Forms of Transaction Authorized.--
       ``(1) In general.--Subject to paragraph (2), in order to 
     enhance the effectiveness of data and satellite systems used 
     by the National Oceanic and Atmospheric Administration to 
     meet its missions, the Under Secretary may enter into and 
     perform such transaction agreements on such terms as the 
     Under Secretary considers appropriate to carry out basic, 
     applied, and advanced research projects to meet the 
     objectives described in subparagraphs (A) through (D) 
     subsection (c)(1).
       ``(2) Method and scope.--
       ``(A) In general.--A transaction agreement under paragraph 
     (1) shall be limited to research and development activities.
       ``(B) Permissible uses.--A transaction agreement under 
     paragraph (1) may be used--
       ``(i) for the construction, use, operation, or procurement 
     of new, improved, innovative, or value-adding satellites, 
     instrumentation, ground stations, and data;
       ``(ii) to make determinations on how to best use existing 
     or planned data, systems, and assets of the National Oceanic 
     and Atmospheric Administration; and
       ``(iii) only when the objectives of the National Oceanic 
     and Atmospheric Administration cannot be met using a 
     cooperative research and development agreement, grants 
     procurement contract, or cooperative agreement.
       ``(3) Termination of effectiveness.--The authority provided 
     in this subsection terminates effective September 30, 2023.
       ``(e) Transparency.--Not later than 60 days after the date 
     that a transaction agreement is made under subsection (d), 
     the Under Secretary shall make publicly available, in a 
     searchable format, on the website of the National Oceanic and 
     Atmospheric Administration all uses of the authority under 
     subsection (d), including an estimate of committed National 
     Oceanic and Atmospheric Administration resources and the 
     expected benefits to National Oceanic and Atmospheric 
     Administration objectives for the transaction agreement, with 
     appropriate redactions for proprietary, sensitive, or 
     classified information.
       ``(f) Reports.--
       ``(1) In general.--Not later than 90 days after September 
     30 of each fiscal year through September 30, 2023, the Under 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives a report on the use of additional transaction 
     authority by the National Oceanic and Atmospheric 
     Administration during the previous fiscal year.
       ``(2) Contents.--Each report shall include--
       ``(A) for each transaction agreement in effect during the 
     fiscal year covered by the report--
       ``(i) an indication of whether the transaction agreement is 
     a reimbursable, non-reimbursable, or funded agreement;
       ``(ii) a description of--

       ``(I) the subject and terms;
       ``(II) the parties;
       ``(III) the responsible National Oceanic and Atmospheric 
     Administration line office;
       ``(IV) the value;
       ``(V) the extent of the cost sharing among Federal 
     Government and non-Federal sources;
       ``(VI) the duration or schedule; and
       ``(VII) all milestones;

       ``(iii) an indication of whether the transaction agreement 
     was renewed during the previous fiscal year;
       ``(iv) the technology areas in which research projects were 
     conducted under that agreement;

[[Page S7799]]

       ``(v) the extent to which the use of that agreement--

       ``(I) has contributed to a broadening of the technology and 
     industrial base available for meeting National Oceanic and 
     Atmospheric Administration needs; and
       ``(II) has fostered within the technology and industrial 
     base new relationships and practices that support the United 
     States; and

       ``(vi) the total value received by the Federal Government 
     under that agreement for that fiscal year; and
       ``(B) a list of all anticipated reimbursable, non-
     reimbursable, and funded transaction agreements for the 
     upcoming fiscal year.
       ``(g) Rule of Construction.--Nothing in this section may be 
     construed as limiting the authority of the National Oceanic 
     and Atmospheric Administration to use cooperative research 
     and development agreements, grants, procurement contracts, or 
     cooperative agreements.''.

     SEC. 8. INTEGRATION OF OCEAN AND COASTAL DATA FROM THE 
                   INTEGRATED OCEAN OBSERVING SYSTEM.

       (a) In General.--Section 301(a)(2) of the Weather Research 
     and Forecasting Innovation Act of 2017 (15 U.S.C. 8531(a)(2)) 
     is amended--
       (1) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) support increasing use of autonomous, mobile surface, 
     sub-surface, and submarine vehicle ocean and fresh water 
     sensor systems and the infrastructure necessary to share and 
     analyze these data in real-time and feed them into predictive 
     early warning systems.''.
       (b) Commercial Weather Data; Authorization of 
     Appropriations.--Section 302(c)(3) of the Weather Research 
     and Forecasting Innovation Act of 2017 (15 U.S.C. 8532(c)(3)) 
     is amended--
       (1) by striking ``2017 through 2020'' and inserting ``2019 
     through 2023''; and
       (2) by inserting ``the'' before ``National''.

     SEC. 9. IMPROVEMENTS TO COOPERATIVE OBSERVER PROGRAM OF 
                   NATIONAL WEATHER SERVICE.

       (a) In General.--The Under Secretary of Commerce for Oceans 
     and Atmosphere, acting through the National Weather Service, 
     shall improve the Cooperative Observer Program by--
       (1) providing support to--
       (A) State-coordinated programs relating to the Program; and
       (B) States and regions where observations provided through 
     the Program are scarce;
       (2) working with State weather service headquarters to 
     increase participation in the Program and to add stations in 
     States and regions described in paragraph (1)(B);
       (3) where feasible, ensuring that data streams from 
     stations that have been contributing data to the Program for 
     more than 50 years are maintained and continually staffed by 
     volunteers;
       (4) prioritizing the recruitment of new volunteers for the 
     Program;
       (5) ensuring that opportunities exist for automated 
     reporting to lessen the burden on volunteers to collect and 
     report data by hand; and
       (6) ensuring that integrated reporting is available for 
     qualitative observations that cannot be automated, such as 
     drought conditions, snow observations, and hazardous weather 
     events, to ensure that volunteers in the Program can report 
     and upload observations quickly and easily.
       (b) Coordination With States and Regions.--Not less 
     frequently than every 180 days, the National Weather Service 
     shall coordinate with State and regional offices with respect 
     to the status of Cooperative Observer Program stations.
       (c) Coordination With Federal Agencies.--The National 
     Weather Service shall coordinate with other Federal agencies, 
     including the Forest Service, the Department of Agriculture, 
     and the United States Geological Survey, to leverage 
     opportunities to grow the Cooperative Observer Program 
     network and to more effectively use existing infrastructure, 
     weather stations, and staff of the Program.

     SEC. 10. HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND 
                   CONTROL.

       (a) Short Title.--This section may be cited as the 
     ``Harmful Algal Bloom and Hypoxia Research and Control 
     Amendments Act of 2017''.
       (b) References to the Harmful Algal Bloom and Hypoxia 
     Research and Control Act of 1998.--Except as otherwise 
     expressly provided, wherever in this section an amendment or 
     repeal is expressed in terms of an amendment to, or repeal 
     of, a section or other provision, the reference shall be 
     considered to be made to a section or other provision of the 
     Harmful Algal Bloom and Hypoxia Research and Control Act of 
     1998 (33 U.S.C. 4001 et seq.).
       (c) Inter-Agency Task Force.--Section 603(a) (33 U.S.C. 
     4001(a)) is amended--
       (1) in paragraph (12), by striking ``and'' at the end;
       (2) by redesignating paragraph (13) as paragraph (14); and
       (3) by inserting after paragraph (12) the following:
       ``(13) the Army Corps of Engineers; and''.
       (d) Scientific Assessments of Freshwater Harmful Algal 
     Blooms.--Section 603 (33 U.S.C. 4001) is amended--
       (1) by striking subsection (f);
       (2) by redesignating subsections (g), (h), (i), and (j) as 
     subsections (f), (g), (h), and (i), respectively; and
       (3) by amending subsection (g) to read as follows:
       ``(g) Scientific Assessments of Marine and Freshwater 
     Harmful Algal Blooms.--Not less than once every 5 years the 
     Task Force shall complete and submit to Congress a scientific 
     assessment of harmful algal blooms in United States coastal 
     waters and freshwater systems. Each assessment shall examine 
     both marine and freshwater harmful algal blooms, including 
     those in the Great Lakes and upper reaches of estuaries, 
     those in freshwater lakes and rivers, and those that 
     originate in freshwater lakes or rivers and migrate to 
     coastal waters.''.
       (e) National Harmful Algal Bloom and Hypoxia Program.--
       (1) Program duties.--Section 603A(e) (33 U.S.C. 4002(e)) is 
     amended--
       (A) in paragraph (1), by inserting ``, including to local 
     and regional stakeholders through the establishment and 
     maintenance of a publicly accessible Internet website that 
     provides information as to Program activities completed under 
     this section'' after ``Program'';
       (B) in paragraph (3)--
       (i) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon;
       (ii) in subparagraph (C), by inserting ``and'' after the 
     semicolon at the end; and
       (iii) by adding at the end the following:
       ``(D) to accelerate the utilization of effective methods of 
     intervention and mitigation to reduce the frequency, 
     severity, and impacts of harmful algal bloom and hypoxia 
     events;'';
       (C) in paragraph (4), by striking ``and work cooperatively 
     with'' and inserting ``, and work cooperatively to provide 
     technical assistance to,''; and
       (D) in paragraph (7)--
       (i) by inserting ``and extension'' after ``existing 
     education''; and
       (ii) by inserting ``intervention,'' after ``awareness of 
     the causes, impacts,''.
       (2) National oceanic and atmospheric administration 
     activities.--Section 603A(f) (33 U.S.C. 4002(f)) is amended--
       (A) in paragraph (3), by inserting ``, which shall include 
     unmanned systems,'' after ``infrastructure'';
       (B) in paragraph (5), by striking ``and'' at the end;
       (C) in paragraph (6)(C), by striking the period at the end 
     and inserting a semicolon; and
       (D) by adding at the end the following:
       ``(7) use cost effective methods in carrying out this Act; 
     and
       ``(8) develop contingency plans for the long-term 
     monitoring of hypoxia.''.
       (f) Consultation Required.--Section 102 of the Harmful 
     Algal Bloom and Hypoxia Amendments Act of 2004 (33 U.S.C. 
     4001a) is amended by striking ``the amendments made by this 
     title'' and inserting ``the Harmful Algal Bloom and Hypoxia 
     Research and Control Act of 1998''.
       (g) Hypoxia or Harmful Algal Bloom of National 
     Significance.--
       (1) Relief.--
       (A) In general.--Upon a determination under paragraph (2) 
     that there is an event of national significance, the 
     appropriate Federal official is authorized to make sums 
     available to the affected State or local government for the 
     purposes of assessing and mitigating the detrimental 
     environmental, economic, subsistence use, and public health 
     effects of the event of national significance.
       (B) Federal share.--The Federal share of the cost of any 
     activity carried out under this paragraph for the purposes 
     described in subparagraph (A) may not exceed 50 percent of 
     the cost of that activity.
       (C) Donations.--Notwithstanding any other provision of law, 
     an appropriate Federal official may accept donations of 
     funds, services, facilities, materials, or equipment that the 
     appropriate Federal official considers necessary for the 
     purposes described in subparagraph (A). Any funds donated to 
     an appropriate Federal official under this paragraph may be 
     expended without further appropriation and without fiscal 
     year limitation.
       (2) Determinations.--
       (A) In general.--At the discretion of an appropriate 
     Federal official, or at the request of the Governor of an 
     affected State, an appropriate Federal official shall 
     determine whether a hypoxia or harmful algal bloom event is 
     an event of national significance.
       (B) Considerations.--In making a determination under 
     subparagraph (A), the appropriate Federal official shall 
     consider the toxicity of the harmful algal bloom, the 
     severity of the hypoxia, its potential to spread, the 
     economic impact, the relative size in relation to the past 5 
     occurrences of harmful algal blooms or hypoxia events that 
     occur on a recurrent or annual basis, and the geographic 
     scope, including the potential to affect several 
     municipalities, to affect more than 1 State, or to cross an 
     international boundary.
       (3) Definitions.--In this subsection:
       (A) Appropriate federal official.--The term ``appropriate 
     Federal official'' means--
       (i) in the case of a marine or coastal hypoxia or harmful 
     algal bloom event, the Under Secretary of Commerce for Oceans 
     and Atmosphere; and
       (ii) in the case of a freshwater hypoxia or harmful algal 
     bloom event, the Administrator of the Environmental 
     Protection Agency.

[[Page S7800]]

       (B) Event of national significance.--The term ``event of 
     national significance'' means a hypoxia or harmful algal 
     bloom event that has had or will likely have a significant 
     detrimental environmental, economic, subsistence use, or 
     public health impact on an affected State.
       (C) Hypoxia or harmful algal bloom event.--The term 
     ``hypoxia or harmful algal bloom event'' means the occurrence 
     of hypoxia or a harmful algal bloom as a result of a natural, 
     anthropogenic, or undetermined cause.
       (h) Authorization of Appropriations.--Section 609(a) (33 
     U.S.C. 4009(a)) is amended by inserting ``, and $20,500,000 
     for each of fiscal years 2019 through 2023'' before the 
     period at the end.
                                 ______
                                 
  SA 4158. Mr. BOOZMAN (for Mrs. McCaskill) proposed an amendment to 
the bill S. 3085, to establish a Federal Acquisition Security Council 
and to provide executive agencies with authorities relating to 
mitigating supply chain risks in the procurement of information 
technology, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Acquisition Supply 
     Chain Security Act of 2018''.

     SEC. 2. FEDERAL ACQUISITION SUPPLY CHAIN SECURITY.

       (a) In General.--Chapter 13 of title 41, United States 
     Code, is amended by adding at the end the following new 
     subchapter:

      ``SUBCHAPTER III--FEDERAL ACQUISITION SUPPLY CHAIN SECURITY

     ``Sec. 1321. Definitions

       ``In this subchapter:
       ``(1) Appropriate congressional committees and 
     leadership.--The term `appropriate congressional committees 
     and leadership' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on the Judiciary, the Committee on 
     Appropriations, the Committee on Armed Services, the 
     Committee on Commerce, Science, and Transportation, the 
     Select Committee on Intelligence, and the majority and 
     minority leader of the Senate; and
       ``(B) the Committee on Oversight and Government Reform, the 
     Committee on the Judiciary, the Committee on Appropriations, 
     the Committee on Homeland Security, the Committee on Armed 
     Services, the Committee on Energy and Commerce, the Permanent 
     Select Committee on Intelligence, and the Speaker and 
     minority leader of the House of Representatives.
       ``(2) Council.--The term `Council' means the Federal 
     Acquisition Security Council established under section 
     1322(a) of this title.
       ``(3) Covered article.--The term `covered article' has the 
     meaning given that term in section 4713 of this title.
       ``(4) Covered procurement action.--The term `covered 
     procurement action' has the meaning given that term in 
     section 4713 of this title.
       ``(5) Information and communications technology.--The term 
     `information and communications technology' has the meaning 
     given that term in section 4713 of this title.
       ``(6) Intelligence community.--The term `intelligence 
     community' has the meaning given that term in section 3(4) of 
     the National Security Act of 1947 (50 U.S.C. 3003(4)).
       ``(7) National security system.--The term `national 
     security system' has the meaning given that term in section 
     3552 of title 44.
       ``(8) Supply chain risk.--The term `supply chain risk' has 
     the meaning given that term in section 4713 of this title.

     ``Sec. 1322. Federal Acquisition Security Council 
       establishment and membership

       ``(a) Establishment.--There is established in the executive 
     branch a Federal Acquisition Security Council.
       ``(b) Membership.--
       ``(1) In general.--The following agencies shall be 
     represented on the Council:
       ``(A) The Office of Management and Budget.
       ``(B) The General Services Administration.
       ``(C) The Department of Homeland Security, including the 
     Cybersecurity and Infrastructure Security Agency.
       ``(D) The Office of the Director of National Intelligence, 
     including the National Counterintelligence and Security 
     Center.
       ``(E) The Department of Justice, including the Federal 
     Bureau of Investigation.
       ``(F) The Department of Defense, including the National 
     Security Agency.
       ``(G) The Department of Commerce, including the National 
     Institute of Standards and Technology.
       ``(H) Such other executive agencies as determined by the 
     Chairperson of the Council.
       ``(2) Lead representatives.--
       ``(A) Designation.--
       ``(i) In general.--Not later than 45 days after the date of 
     the enactment of the Federal Acquisition Supply Chain 
     Security Act of 2018, 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.
       ``(ii) Requirements.--The representative of an agency 
     designated under clause (i) shall have expertise in supply 
     chain risk management, acquisitions, or information and 
     communications technology.
       ``(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 Federal Acquisition Supply Chain 
     Security Act of 2018, 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)(H);
       ``(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 and leadership.
       ``(d) Meetings.--The Council shall meet not later than 60 
     days after the date of the enactment of the Federal 
     Acquisition Supply Chain Security Act of 2018 and not less 
     frequently than quarterly thereafter.

     ``Sec. 1323. Functions and authorities

       ``(a) In General.--The Council shall perform functions that 
     include the following:
       ``(1) Identifying and recommending development by the 
     National Institute of Standards and Technology of supply 
     chain risk management standards, guidelines, and practices 
     for executive agencies to use when assessing and developing 
     mitigation strategies to address supply chain risks, 
     particularly in the acquisition and use of covered articles 
     under section 1326(a) of this title.
       ``(2) Identifying or developing criteria for sharing 
     information with executive agencies, other Federal entities, 
     and non-Federal entities with respect to supply chain risk, 
     including information related to the exercise of authorities 
     provided under this section and sections 1326 and 4713 of 
     this title. At a minimum, such criteria shall address--
       ``(A) the content to be shared;
       ``(B) the circumstances under which sharing is mandated or 
     voluntary; and
       ``(C) 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 provided under this section and section 4713 of 
     this title.
       ``(3) Identifying an appropriate executive agency to--
       ``(A) accept information submitted by executive agencies 
     based on the criteria established under paragraph (2);
       ``(B) facilitate the sharing of information received under 
     subparagraph (A) to support supply chain risk analyses under 
     section 1326 of this title, recommendations under this 
     section, and covered procurement actions under section 4713 
     of this title;
       ``(C) share with the Council information regarding covered 
     procurement actions by executive agencies taken under section 
     4713 of this title; and
       ``(D) inform the Council of orders issued under this 
     section.
       ``(4) Identifying, as appropriate, executive agencies to 
     provide--
       ``(A) shared services, such as support for making risk 
     assessments, validation of products that may be suitable for 
     acquisition, and mitigation activities; and
       ``(B) common contract solutions to support supply chain 
     risk management activities, such as subscription services or 
     machine-learning-enhanced analysis applications to support 
     informed decisionmaking.
       ``(5) Identifying and issuing guidance on additional steps 
     that may be necessary to address supply chain risks arising 
     in the course of executive agencies providing shared 
     services, common contract solutions, acquisitions vehicles, 
     or assisted acquisitions.
       ``(6) Engaging with the private sector and other 
     nongovernmental stakeholders in performing the functions 
     described in paragraphs (1) and (2) and on issues relating to 
     the management of supply chain risks posed by the acquisition 
     of covered articles.
       ``(7) Carrying out such other actions, as determined by the 
     Council, that are necessary to reduce the supply chain risks 
     posed by acquisitions and use of covered articles.
       ``(b) Program Office and Committees.--The Council may 
     establish a program office and any committees, working 
     groups, or other constituent bodies the Council deems 
     appropriate, in its sole and unreviewable discretion, to 
     carry out its functions.
       ``(c) Authority for Exclusion or Removal Orders.--
       ``(1) Criteria.--To reduce supply chain risk, the Council 
     shall establish criteria and procedures for--
       ``(A) recommending orders applicable to executive agencies 
     requiring the exclusion of sources or covered articles from 
     executive agency procurement actions (in this section 
     referred to as `exclusion orders');
       ``(B) recommending orders applicable to executive agencies 
     requiring the removal of covered articles from executive 
     agency information systems (in this section referred to as 
     `removal orders');
       ``(C) requesting and approving exceptions to an issued 
     exclusion or removal order when

[[Page S7801]]

     warranted by circumstances, including alternative mitigation 
     actions or other findings relating to the national interest, 
     including national security reviews, national security 
     investigations, or national security agreements; and
       ``(D) ensuring that recommended orders do not conflict with 
     standards and guidelines issued under section 11331 of title 
     40 and that the Council consults with the Director of the 
     National Institute of Standards and Technology regarding any 
     recommended orders that would implement standards and 
     guidelines developed by the National Institute of Standards 
     and Technology.
       ``(2) Recommendations.--The Council shall use the criteria 
     established under paragraph (1), information made available 
     under subsection (a)(3), and any other information the 
     Council determines appropriate to issue recommendations, for 
     application to executive agencies or any subset thereof, 
     regarding the exclusion of sources or covered articles from 
     any executive agency procurement action, including source 
     selection and consent for a contractor to subcontract, or the 
     removal of covered articles from executive agency information 
     systems. Such recommendations shall include--
       ``(A) information necessary to positively identify the 
     sources or covered articles recommended for exclusion or 
     removal;
       ``(B) information regarding the scope and applicability of 
     the recommended exclusion or removal order;
       ``(C) a summary of any risk assessment reviewed or 
     conducted in support of the recommended exclusion or removal 
     order;
       ``(D) a summary of the basis for the recommendation, 
     including a discussion of less intrusive measures that were 
     considered and why such measures were not reasonably 
     available to reduce supply chain risk;
       ``(E) a description of the actions necessary to implement 
     the recommended exclusion or removal order; and
       ``(F) where practicable, in the Council's sole and 
     unreviewable discretion, a description of mitigation steps 
     that could be taken by the source that may result in the 
     Council rescinding a recommendation.
       ``(3) Notice of recommendation and review.--A notice of the 
     Council's recommendation under paragraph (2) shall be issued 
     to any source named in the recommendation advising--
       ``(A) that a recommendation has been made;
       ``(B) of the criteria the Council relied upon under 
     paragraph (1) and, to the extent consistent with national 
     security and law enforcement interests, of information that 
     forms the basis for the recommendation;
       ``(C) that, within 30 days after receipt of notice, the 
     source may submit information and argument in opposition to 
     the recommendation;
       ``(D) of the procedures governing the review and possible 
     issuance of an exclusion or removal order pursuant to 
     paragraph (5); and
       ``(E) where practicable, in the Council's sole and 
     unreviewable discretion, a description of mitigation steps 
     that could be taken by the source that may result in the 
     Council rescinding the recommendation.
       ``(4) Confidentiality.--Any notice issued to a source under 
     paragraph (3) shall be kept confidential until--
       ``(A) an exclusion or removal order is issued pursuant to 
     paragraph (5); and
       ``(B) the source has been notified pursuant to paragraph 
     (6).
       ``(5) Exclusion and removal orders.--
       ``(A) Order issuance.--Recommendations of the Council under 
     paragraph (2), together with any information submitted by a 
     source under paragraph (3) related to such a recommendation, 
     shall be reviewed by the following officials, who may issue 
     exclusion and removal orders based upon such recommendations:
       ``(i) The Secretary of Homeland Security, for exclusion and 
     removal orders applicable to civilian agencies, to the extent 
     not covered by clause (ii) or (iii).
       ``(ii) The Secretary of Defense, for exclusion and removal 
     orders applicable to the Department of Defense and national 
     security systems other than sensitive compartmented 
     information systems.
       ``(iii) The Director of National Intelligence, for 
     exclusion and removal orders applicable to the intelligence 
     community and sensitive compartmented information systems, to 
     the extent not covered by clause (ii).
       ``(B) Delegation.--The officials identified in subparagraph 
     (A) may not delegate any authority under this subparagraph to 
     an official below the level one level below the Deputy 
     Secretary or Principal Deputy Director, except that the 
     Secretary of Defense may delegate authority for removal 
     orders to the Commander of the United States Cyber Command, 
     who may not redelegate such authority to an official below 
     the level one level below the Deputy Commander.
       ``(C) Facilitation of exclusion orders.--If officials 
     identified under this paragraph from the Department of 
     Homeland Security, the Department of Defense, and the Office 
     of the Director of National Intelligence issue orders 
     collectively resulting in a governmentwide exclusion, the 
     Administrator for General Services and officials at other 
     executive agencies responsible for management of the Federal 
     Supply Schedules, governmentwide acquisition contracts, and 
     multi-agency contracts shall help facilitate implementation 
     of such orders by removing the covered articles or sources 
     identified in the orders from such contracts.
       ``(D) Review of exclusion and removal orders.--The 
     officials identified under this paragraph shall review all 
     exclusion and removal orders issued under subparagraph (A) 
     not less frequently than annually pursuant to procedures 
     established by the Council.
       ``(E) Rescission.--Orders issued pursuant to subparagraph 
     (A) may be rescinded by an authorized official from the 
     relevant issuing agency.
       ``(6) Notifications.--Upon issuance of an exclusion or 
     removal order pursuant to paragraph (5)(A), the official 
     identified under that paragraph who issued the order shall--
       ``(A) notify any source named in the order of--
       ``(i) the exclusion or removal order; and
       ``(ii) to the extent consistent with national security and 
     law enforcement interests, information that forms the basis 
     for the order;
       ``(B) provide classified or unclassified notice of the 
     exclusion or removal order to the appropriate congressional 
     committees and leadership; and
       ``(C) provide the exclusion or removal order to the agency 
     identified in subsection (a)(3).
       ``(7) Compliance.--Executive agencies shall comply with 
     exclusion and removal orders issued pursuant to paragraph 
     (5).
       ``(d) Authority To Request Information.--The Council may 
     request such information from executive agencies as is 
     necessary for the Council to carry out its functions.
       ``(e) Relationship to Other Councils.--The Council shall 
     consult and coordinate, as appropriate, with other relevant 
     councils and interagency committees, including the Chief 
     Information Officers Council, the Chief Acquisition Officers 
     Council, the Federal Acquisition Regulatory Council, and the 
     Committee on Foreign Investment in the United States, with 
     respect to supply chain risks posed by the acquisition and 
     use of covered articles.
       ``(f) Rules of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to limit the authority of the Office of Federal 
     Procurement Policy to carry out the responsibilities of that 
     Office under any other provision of law; or
       ``(2) to authorize the issuance of an exclusion or removal 
     order based solely on the fact of foreign ownership of a 
     potential procurement source that is otherwise qualified to 
     enter into procurement contracts with the Federal Government.

     ``Sec. 1324. Strategic plan

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of the Federal Acquisition Supply Chain 
     Security Act of 2018, the Council shall develop a strategic 
     plan for addressing supply chain risks posed by the 
     acquisition of covered articles and for managing such risks, 
     that includes--
       ``(1) the criteria and processes required under section 
     1323(a) of this title, including a threshold and requirements 
     for sharing relevant information about such risks with all 
     executive agencies and, as appropriate, with other Federal 
     entities and non-Federal entities;
       ``(2) an identification of existing authorities for 
     addressing such risks;
       ``(3) an identification and promulgation of best practices 
     and procedures and available resources for executive agencies 
     to assess and mitigate such risks;
       ``(4) recommendations for any legislative, regulatory, or 
     other policy changes to improve efforts to address such 
     risks;
       ``(5) recommendations for any legislative, regulatory, or 
     other policy changes to incentivize the adoption of best 
     practices for supply chain risk management by the private 
     sector;
       ``(6) an evaluation of the effect of implementing new 
     policies or procedures on existing contracts and the 
     procurement process;
       ``(7) a plan for engaging with executive agencies, the 
     private sector, and other nongovernmental stakeholders to 
     address such risks;
       ``(8) a plan for identification, assessment, mitigation, 
     and vetting of supply chain risks from existing and 
     prospective information and communications technology made 
     available by executive agencies to other executive agencies 
     through common contract solutions, shared services, 
     acquisition vehicles, or other assisted acquisition services; 
     and
       ``(9) plans to strengthen the capacity of all executive 
     agencies to conduct assessments of--
       ``(A) the supply chain risk posed by the acquisition of 
     covered articles; and
       ``(B) compliance with the requirements of this subchapter.
       ``(b) Submission to Congress.--Not later than 7 calendar 
     days after completion of the strategic plan required by 
     subsection (a), the Chairperson of the Council shall submit 
     the plan to the appropriate congressional committees and 
     leadership.

     ``Sec. 1325. Annual report

       ``Not later than December 31 of each year, the Chairperson 
     of the Council shall submit to the appropriate congressional 
     committees and leadership a report on the activities of the 
     Council during the preceding 12-month period.

     ``Sec. 1326. Requirements for executive agencies

       ``(a) In General.--The head of each executive agency shall 
     be responsible for--
       ``(1) assessing the supply chain risk posed by the 
     acquisition and use of covered articles and avoiding, 
     mitigating, accepting, or transferring that risk, as 
     appropriate and consistent with the standards, guidelines,

[[Page S7802]]

     and practices identified by the Council under section 
     1323(a)(1); and
       ``(2) prioritizing supply chain risk assessments conducted 
     under paragraph (1) based on the criticality of the mission, 
     system, component, service, or asset.
       ``(b) Inclusions.--The responsibility for assessing supply 
     chain risk described in subsection (a) includes--
       ``(1) developing an overall supply chain risk management 
     strategy and implementation plan and policies and processes 
     to guide and govern supply chain risk management activities;
       ``(2) integrating supply chain risk management practices 
     throughout the lifecycle of the system, component, service, 
     or asset;
       ``(3) limiting, avoiding, mitigating, accepting, or 
     transferring any identified risk;
       ``(4) sharing relevant information with other executive 
     agencies, as determined appropriate by the Council in a 
     manner consistent with section 1323(a) of this title;
       ``(5) reporting on progress and effectiveness of the 
     agency's supply chain risk management consistent with 
     guidance issued by the Office of Management and Budget and 
     the Council; and
       ``(6) ensuring that all relevant information, including 
     classified information, with respect to acquisitions of 
     covered articles that may pose a supply chain risk, 
     consistent with section 1323(a) of this title, is 
     incorporated into existing processes of the agency for 
     conducting assessments described in subsection (a) and 
     ongoing management of acquisition programs, including any 
     identification, investigation, mitigation, or remediation 
     needs.
       ``(c) Interagency Acquisitions.--
       ``(1) In general.--Except as provided in paragraph (2), in 
     the case of an interagency acquisition, subsection (a) shall 
     be carried out by the head of the executive agency whose 
     funds are being used to procure the covered article.
       ``(2) Assisted acquisitions.--In an assisted acquisition, 
     the parties to the acquisition shall determine, as part of 
     the interagency agreement governing the acquisition, which 
     agency is responsible for carrying out subsection (a).
       ``(3) Definitions.--In this subsection, the terms `assisted 
     acquisition' and `interagency acquisition' have the meanings 
     given those terms in section 2.101 of title 48, Code of 
     Federal Regulations (or any corresponding similar regulation 
     or ruling).
       ``(d) Assistance.--The Secretary of Homeland Security may--
       ``(1) assist executive agencies in conducting risk 
     assessments described in subsection (a) and implementing 
     mitigation requirements for information and communications 
     technology; and
       ``(2) provide such additional guidance or tools as are 
     necessary to support actions taken by executive agencies.

     ``Sec. 1327. Judicial review procedures

       ``(a) In General.--Except as provided in subsection (b) and 
     chapter 71 of this title, and notwithstanding any other 
     provision of law, an action taken under section 1323 or 4713 
     of this title, or any action taken by an executive agency to 
     implement such an action, shall not be subject to 
     administrative review or judicial review, including bid 
     protests before the Government Accountability Office or in 
     any Federal court.
       ``(b) Petitions.--
       ``(1) In general.--Not later than 60 days after a party is 
     notified of an exclusion or removal order under section 
     1323(c)(6) of this title or a covered procurement action 
     under section 4713 of this title, the party may file a 
     petition for judicial review in the United States Court of 
     Appeals for the District of Columbia Circuit claiming that 
     the issuance of the exclusion or removal order or covered 
     procurement action is unlawful.
       ``(2) Standard of review.--The Court shall hold unlawful a 
     covered action taken under sections 1323 or 4713 of this 
     title, in response to a petition that the court finds to be--
       ``(A) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with law;
       ``(B) contrary to constitutional right, power, privilege, 
     or immunity;
       ``(C) in excess of statutory jurisdiction, authority, or 
     limitation, or short of statutory right;
       ``(D) lacking substantial support in the administrative 
     record taken as a whole or in classified information 
     submitted to the court under paragraph (3); or
       ``(E) not in accord with procedures required by law.
       ``(3) Exclusive jurisdiction.--The United States Court of 
     Appeals for the District of Columbia Circuit shall have 
     exclusive jurisdiction over claims arising under sections 
     1323(c)(5) or 4713 of this title against the United States, 
     any United States department or agency, or any component or 
     official of any such department or agency, subject to review 
     by the Supreme Court of the United States under section 1254 
     of title 28.
       ``(4) Administrative record and procedures.--
       ``(A) In general.--The procedures described in this 
     paragraph shall apply to the review of a petition under this 
     section.
       ``(B) Administrative record.--
       ``(i) Filing of record.--The United States shall file with 
     the court an administrative record, which shall consist of 
     the information that the appropriate official relied upon in 
     issuing an exclusion or removal order under section 
     1323(c)(5) or a covered procurement action under section 4713 
     of this title.
       ``(ii) Unclassified, nonprivileged information.--All 
     unclassified information contained in the administrative 
     record that is not otherwise privileged or subject to 
     statutory protections shall be provided to the petitioner 
     with appropriate protections for any privileged or 
     confidential trade secrets and commercial or financial 
     information.
       ``(iii) In camera and ex parte.--The following information 
     may be included in the administrative record and shall be 
     submitted only to the court ex parte and in camera:

       ``(I) Classified information.
       ``(II) Sensitive security information, as defined by 
     section 1520.5 of title 49, Code of Federal Regulations.
       ``(III) Privileged law enforcement information.
       ``(IV) Information obtained or derived from any activity 
     authorized under the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.), except that, with respect to 
     such information, subsections (c), (e), (f), (g), and (h) of 
     section 106 (50 U.S.C. 1806), subsections (d), (f), (g), (h), 
     and (i) of section 305 (50 U.S.C. 1825), subsections (c), 
     (e), (f), (g), and (h) of section 405 (50 U.S.C. 1845), and 
     section 706 (50 U.S.C. 1881e) of that Act shall not apply.
       ``(V) Information subject to privilege or protections under 
     any other provision of law.

       ``(iv) Under seal.--Any information that is part of the 
     administrative record filed ex parte and in camera under 
     clause (iii), or cited by the court in any decision, shall be 
     treated by the court consistent with the provisions of this 
     subparagraph and shall remain under seal and preserved in the 
     records of the court to be made available consistent with the 
     above provisions in the event of further proceedings. In no 
     event shall such information be released to the petitioner or 
     as part of the public record.
       ``(v) Return.--After the expiration of the time to seek 
     further review, or the conclusion of further proceedings, the 
     court shall return the administrative record, including any 
     and all copies, to the United States.
       ``(C) Exclusive remedy.--A determination by the court under 
     this subsection shall be the exclusive judicial remedy for 
     any claim described in this section against the United 
     States, any United States department or agency, or any 
     component or official of any such department or agency.
       ``(D) Rule of construction.--Nothing in this section shall 
     be construed as limiting, superseding, or preventing the 
     invocation of, any privileges or defenses that are otherwise 
     available at law or in equity to protect against the 
     disclosure of information.
       ``(c) Definition.--In this section, the term `classified 
     information'--
       ``(1) has the meaning given that term in section 1(a) of 
     the Classified Information Procedures Act (18 U.S.C. App.); 
     and
       ``(2) includes--
       ``(A) any information or material that has been determined 
     by the United States Government pursuant to an Executive 
     order, statute, or regulation to require protection against 
     unauthorized disclosure for reasons of national security; and
       ``(B) any restricted data, as defined in section 11 of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2014).

     ``Sec. 1328. Termination

       ``This subchapter shall terminate on the date that is 5 
     years after the date of the enactment of the Federal 
     Acquisition Supply Chain Security Act of 2018.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 13 of such title is amended by adding at 
     the end the following new items:

       ``subchapter iii--federal acquisition supply chain security

``Sec.
``1321. Definitions.
``1322. Federal Acquisition Security Council establishment and 
              membership.
``1323. Functions and authorities.
``1324. Strategic plan.
``1325. Annual report.
``1326. Requirements for executive agencies.
``1327. Judicial review procedures.
``1328. Termination.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act and shall apply to contracts 
     that are awarded before, on, or after that date.
       (d) Implementation.--
       (1) Interim final rule.--Not later than one year after the 
     date of the enactment of this Act, the Federal Acquisition 
     Security Council shall prescribe an interim final rule to 
     implement subchapter III of chapter 13 of title 41, United 
     States Code, as added by subsection (a).
       (2) Final rule.--Not later than one year after prescribing 
     the interim final rule under paragraph (1) and considering 
     public comments with respect to such interim final rule, the 
     Council shall prescribe a final rule to implement subchapter 
     III of chapter 13 of title 41, United States Code, as added 
     by subsection (a).
       (3) Failure to act.--
       (A) In general.--If the Council does not issue a final rule 
     in accordance with paragraph (2) on or before the last day of 
     the 1-year period referred to in that paragraph, the Council 
     shall submit to the appropriate congressional committees and 
     leadership, not later than 10 days after such last day and 
     every 90 days thereafter until the final rule is issued, a 
     report explaining why the final rule was not timely issued 
     and providing an

[[Page S7803]]

     estimate of the earliest date on which the final rule will be 
     issued.
       (B) Appropriate congressional committees and leadership 
     defined.--In this paragraph, the term ``appropriate 
     congressional committees and leadership'' has the meaning 
     given that term in section 1321 of title 41, United States 
     Code, as added by subsection (a).

     SEC. 3. AUTHORITIES OF EXECUTIVE AGENCIES RELATING TO 
                   MITIGATING SUPPLY CHAIN RISKS IN THE 
                   PROCUREMENT OF COVERED ARTICLES.

       (a) In General.--Chapter 47 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4713. Authorities relating to mitigating supply chain 
       risks in the procurement of covered articles

       ``(a) Authority.--Subject to subsection (b), the head of an 
     executive agency may carry out a covered procurement action.
       ``(b) Determination and Notification.--Except as authorized 
     by subsection (c) to address an urgent national security 
     interest, the head of an executive agency may exercise the 
     authority provided in subsection (a) only after--
       ``(1) obtaining a joint recommendation, in unclassified or 
     classified form, from the chief acquisition officer and the 
     chief information officer of the agency, or officials 
     performing similar functions in the case of executive 
     agencies that do not have such officials, which includes a 
     review of any risk assessment made available by the executive 
     agency identified under section 1323(a)(3) of this title, 
     that there is a significant supply chain risk in a covered 
     procurement;
       ``(2) providing notice of the joint recommendation 
     described in paragraph (1) to any source named in the joint 
     recommendation advising--
       ``(A) that a recommendation is being considered or has been 
     obtained;
       ``(B) to the extent consistent with the national security 
     and law enforcement interests, of information that forms the 
     basis for the recommendation;
       ``(C) that, within 30 days after receipt of the notice, the 
     source may submit information and argument in opposition to 
     the recommendation; and
       ``(D) of the procedures governing the consideration of the 
     submission and the possible exercise of the authority 
     provided in subsection (a);
       ``(3) making a determination in writing, in unclassified or 
     classified form, after considering any information submitted 
     by a source under paragraph (2) and in consultation with the 
     chief information security officer of the agency, that--
       ``(A) use of the authority under subsection (a) is 
     necessary to protect national security by reducing supply 
     chain risk;
       ``(B) less intrusive measures are not reasonably available 
     to reduce such supply chain risk; and
       ``(C) the use of such authorities will apply to a single 
     covered procurement or a class of covered procurements, and 
     otherwise specifies the scope of the determination; and
       ``(4) providing a classified or unclassified notice of the 
     determination made under paragraph (3) to the appropriate 
     congressional committees and leadership that includes--
       ``(A) the joint recommendation described in paragraph (1);
       ``(B) a summary of any risk assessment reviewed in support 
     of the joint recommendation required by paragraph (1); and
       ``(C) a summary of the basis for the determination, 
     including a discussion of less intrusive measures that were 
     considered and why such measures were not reasonably 
     available to reduce supply chain risk.
       ``(c) Procedures To Address Urgent National Security 
     Interests.--In any case in which the head of an executive 
     agency determines that an urgent national security interest 
     requires the immediate exercise of the authority provided in 
     subsection (a), the head of the agency--
       ``(1) may, to the extent necessary to address such national 
     security interest, and subject to the conditions in paragraph 
     (2)--
       ``(A) temporarily delay the notice required by subsection 
     (b)(2);
       ``(B) make the determination required by subsection (b)(3), 
     regardless of whether the notice required by subsection 
     (b)(2) has been provided or whether the notified source has 
     submitted any information in response to such notice;
       ``(C) temporarily delay the notice required by subsection 
     (b)(4); and
       ``(D) exercise the authority provided in subsection (a) in 
     accordance with such determination within 60 calendar days 
     after the day the determination is made; and
       ``(2) shall take actions necessary to comply with all 
     requirements of subsection (b) as soon as practicable after 
     addressing the urgent national security interest, including--
       ``(A) providing the notice required by subsection (b)(2);
       ``(B) promptly considering any information submitted by the 
     source in response to such notice, and making any appropriate 
     modifications to the determination based on such information;
       ``(C) providing the notice required by subsection (b)(4), 
     including a description of the urgent national security 
     interest, and any modifications to the determination made in 
     accordance with subparagraph (B); and
       ``(D) providing notice to the appropriate congressional 
     committees and leadership within 7 calendar days of the 
     covered procurement actions taken under this section.
       ``(d) Confidentiality.--The notice required by subsection 
     (b)(2) shall be kept confidential until a determination with 
     respect to a covered procurement action has been made 
     pursuant to subsection (b)(3).
       ``(e) Delegation.--The head of an executive agency may not 
     delegate the authority provided in subsection (a) or the 
     responsibility identified in subsection (g) to an official 
     below the level one level below the Deputy Secretary or 
     Principal Deputy Director.
       ``(f) Annual Review of Determinations.--The head of an 
     executive agency shall conduct an annual review of all 
     determinations made by such head under subsection (b) and 
     promptly amend any covered procurement action as appropriate.
       ``(g) Regulations.--The Federal Acquisition Regulatory 
     Council shall prescribe such regulations as may be necessary 
     to carry out this section.
       ``(h) Reports Required.--Not less frequently than annually, 
     the head of each executive agency that exercised the 
     authority provided in subsection (a) or (c) during the 
     preceding 12-month period shall submit to the appropriate 
     congressional committees and leadership a report summarizing 
     the actions taken by the agency under this section during 
     that 12-month period.
       ``(i) Rule of Construction.--Nothing in this section shall 
     be construed to authorize the head of an executive agency to 
     carry out a covered procurement action based solely on the 
     fact of foreign ownership of a potential procurement source 
     that is otherwise qualified to enter into procurement 
     contracts with the Federal Government.
       ``(j) Termination.--The authority provided under subsection 
     (a) shall terminate on the date that is 5 years after the 
     date of the enactment of the Federal Acquisition Supply Chain 
     Security Act of 2018.
       ``(k) Definitions.--In this section:
       ``(1) Appropriate congressional committees and 
     leadership.--The term `appropriate congressional committees 
     and leadership' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on the Judiciary, the Committee on 
     Appropriations, the Committee on Armed Services, the 
     Committee on Commerce, Science, and Transportation, the 
     Select Committee on Intelligence, and the majority and 
     minority leader of the Senate; and
       ``(B) the Committee on Oversight and Government Reform, the 
     Committee on the Judiciary, the Committee on Appropriations, 
     the Committee on Homeland Security, the Committee on Armed 
     Services, the Committee on Energy and Commerce, the Permanent 
     Select Committee on Intelligence, and the Speaker and 
     minority leader of the House of Representatives.
       ``(2) Covered article.--The term `covered article' means--
       ``(A) information technology, as defined in section 11101 
     of title 40, including cloud computing services of all types;
       ``(B) telecommunications equipment or telecommunications 
     service, as those terms are defined in section 3 of the 
     Communications Act of 1934 (47 U.S.C. 153);
       ``(C) the processing of information on a Federal or non-
     Federal information system, subject to the requirements of 
     the Controlled Unclassified Information program; or
       ``(D) hardware, systems, devices, software, or services 
     that include embedded or incidental information technology.
       ``(3) Covered procurement.--The term `covered procurement' 
     means--
       ``(A) a source selection for a covered article involving 
     either a performance specification, as provided in subsection 
     (a)(3)(B) of section 3306 of this title, or an evaluation 
     factor, as provided in subsection (b)(1)(A) of such section, 
     relating to a supply chain risk, or where supply chain risk 
     considerations are included in the agency's determination of 
     whether a source is a responsible source as defined in 
     section 113 of this title;
       ``(B) the consideration of proposals for and issuance of a 
     task or delivery order for a covered article, as provided in 
     section 4106(d)(3) of this title, where the task or delivery 
     order contract includes a contract clause establishing a 
     requirement relating to a supply chain risk;
       ``(C) any contract action involving a contract for a 
     covered article where the contract includes a clause 
     establishing requirements relating to a supply chain risk; or
       ``(D) any other procurement in a category of procurements 
     determined appropriate by the Federal Acquisition Regulatory 
     Council, with the advice of the Federal Acquisition Security 
     Council.
       ``(4) Covered procurement action.--The term `covered 
     procurement action' means any of the following actions, if 
     the action takes place in the course of conducting a covered 
     procurement:
       ``(A) The exclusion of a source that fails to meet 
     qualification requirements established under section 3311 of 
     this title for the purpose of reducing supply chain risk in 
     the acquisition or use of covered articles.
       ``(B) The exclusion of a source that fails to achieve an 
     acceptable rating with regard to an evaluation factor 
     providing for the consideration of supply chain risk in the 
     evaluation of proposals for the award of a contract or the 
     issuance of a task or delivery order.
       ``(C) The determination that a source is not a responsible 
     source as defined in section 113 of this title based on 
     considerations of supply chain risk.
       ``(D) The decision to withhold consent for a contractor to 
     subcontract with a particular source or to direct a 
     contractor to exclude a

[[Page S7804]]

     particular source from consideration for a subcontract under 
     the contract.
       ``(5) Information and communications technology.--The term 
     `information and communications technology' means--
       ``(A) information technology, as defined in section 11101 
     of title 40;
       ``(B) information systems, as defined in section 3502 of 
     title 44; and
       ``(C) telecommunications equipment and telecommunications 
     services, as those terms are defined in section 3 of the 
     Communications Act of 1934 (47 U.S.C. 153).
       ``(6) Supply chain risk.--The term `supply chain risk' 
     means the risk that any person may sabotage, maliciously 
     introduce unwanted function, extract data, or otherwise 
     manipulate the design, integrity, manufacturing, production, 
     distribution, installation, operation, maintenance, 
     disposition, or retirement of covered articles so as to 
     surveil, deny, disrupt, or otherwise manipulate the function, 
     use, or operation of the covered articles or information 
     stored or transmitted on the covered articles.
       ``(7) Executive agency.--Notwithstanding section 
     3101(c)(1), this section applies to the Department of 
     Defense, the Coast Guard, and the National Aeronautics and 
     Space Administration.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 47 of such title is amended by adding at 
     the end the following new item:

``Sec. 4713. Authorities relating to mitigating supply chain risks in 
              the procurement of covered articles.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act and shall apply to contracts 
     that are awarded before, on, or after that date.

     SEC. 4. FEDERAL INFORMATION SECURITY MODERNIZATION ACT.

       (a) In General.--Title 44, United States Code, is amended--
       (1) in section 3553(a)(5), by inserting ``and section 1326 
     of title 41'' after ``compliance with the requirements of 
     this subchapter''; and
       (2) in section 3554(a)(1)(B)--
       (A) by inserting ``, subchapter III of chapter 13 of title 
     41,'' after ``complying with the requirements of this 
     subchapter'';
       (B) in clause (iv), by striking ``; and'' and inserting a 
     semicolon; and
       (C) by adding at the end the following new clause:
       ``(vi) responsibilities relating to assessing and avoiding, 
     mitigating, transferring, or accepting supply chain risks 
     under section 1326 of title 41, and complying with exclusion 
     and removal orders issued under section 1323 of such title; 
     and''.
       (b) Rule of Construction.--Nothing in this Act shall be 
     construed to alter or impede any authority or responsibility 
     under section 3553 of title 44, United States Code.

     SEC. 5. EFFECTIVE DATE.

       This Act shall take effect on the date that is 90 days 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 4159. Mr. BOOZMAN (for Mr. Thune) proposed an amendment to the 
bill S. 3367, to amend certain transportation-related reporting 
requirements to improve congressional oversight, reduce reporting 
burdens, and promote transparency, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of Transportation 
     Reports Harmonization Act''.

     SEC. 2. PUBLIC AVAILABILITY OF CHARGES AND FEES FOR 
                   ATTENDANCE AT UNITED STATES MERCHANT MARINE 
                   ACADEMY.

       Section 51314(b) of title 46, United States Code, is 
     amended by striking ``shall notify Congress of'' and 
     inserting ``shall present at the next meeting of the Board of 
     Visitors, and post on a publicly available website,''.

     SEC. 3. PUBLIC AVAILABILITY OF INFORMATION ON ALIGNING 
                   FEDERAL ENVIRONMENTAL REVIEWS.

       Section 310(f)(1) of title 49, United States Code, is 
     amended by inserting ``, and make publicly available on the 
     Department of Transportation website,'' after ``House of 
     Representatives''.

     SEC. 4. REPORTING ON THE NORTHEAST CORRIDOR.

       (a) Northeast Corridor Safety Committee Report.--Section 
     24905(e) of title 49, United States Code, is amended by 
     striking paragraph (3).
       (b) Contents of Grant Requests.--
       (1) In general.--Section 24319(c) of title 49, United 
     States Code, is amended--
       (A) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) describe the status of efforts to improve safety and 
     security on the Northeast Corridor main line, including a 
     description of any efforts to implement recommendations of 
     relevant railroad safety advisory committees.''.
       (2) Rule of construction.--Nothing in this subsection or an 
     amendment made by this subsection shall affect a grant 
     request made under section 24319 of title 49, United States 
     Code, before the date of enactment of this Act.

     SEC. 5. HIGHWAY SAFETY PROGRAMS REPORT TO CONGRESS.

       (a) DOT Reports.--Section 402 of title 23, United States 
     Code, is amended by striking subsection (n) and inserting the 
     following:
       ``(n) Public Transparency.--The Secretary shall publicly 
     release on its website information that contains each State's 
     performance with respect to the State's highway safety plan 
     under subsection (k) and performance targets set by the 
     States in such plans. Such information shall be posted on the 
     website within 45 calendar days of approval of a State's 
     highway safety plan.''.
       (b) GAO Report.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a review of the highway safety programs 
     under section 402 of title 23, United States Code. In 
     carrying out the review, the Comptroller General shall review 
     States' progress in achieving safety performance targets, 
     including how States are utilizing grants and problems 
     encountered in achieving such targets.
       (2) Submission.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to the Committee on Commerce, 
     Science, and Transportation of the Senate and Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that contains the results of the study 
     conducted under paragraph (1), including any recommendations 
     for improvements to State activities and the Secretary of 
     Transportation's administration of the highway safety 
     programs.

     SEC. 6. CESSATION OF CERTAIN ADVISORY COUNCILS AND ADVISORY 
                   COMMITTEES.

       (a) Northeast Corridor Safety Committee.--Section 24905(e) 
     of title 49, United States Code, as amended by this Act, is 
     further amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Sunset.--The Committee established under this 
     subsection ceases to exist on the date that the Secretary 
     determines positive train control, as required by section 
     20157, is fully implemented along the Northeast Corridor.''.
       (b) National Rail Cooperative Research Program Oversight 
     Committee.--Section 24910(c) of title 49, United States Code, 
     is amended by adding at the end the following:
       ``(3) Sunset.--The advisory board established under this 
     subsection ceases to exist effective January 1, 2019.''.

     SEC. 7. TECHNICAL AMENDMENTS TO RAIL IMPROVEMENT GRANTS.

       (a) Redesignation.--Subtitle V of title 49, United States 
     Code, is amended--
       (1) by redesignating sections 24401 through 24408 as 
     sections 22901 through 22908, respectively;
       (2) by redesignating chapter 244 as chapter 229;
       (3) by moving chapter 229, as redesignated, to appear at 
     the end of part B;
       (4) in the table of chapters--
       (A) by striking the item relating to chapter 244; and
       (B) by inserting after the item relating to chapter 227 the 
     following:

``Chapter 229.  Rail Improvement Grants....................22901'';....

     and
       (5) by amending the table of sections for chapter 229, as 
     redesignated, to read as follows:

                 ``CHAPTER 229--RAIL IMPROVEMENT GRANTS

``Sec.
``22901. Definitions.
``22902. Capital investment grants to support intercity passenger rail 
              services.
``22903. Project management oversight.
``22904. Use of capital grants to finance first-dollar liability of 
              grant project.
``22905. Grant conditions.
``22906. Authorization of appropriations.
``22907. Consolidated rail infrastructure and safety improvements.
``22908. Restoration and enhancement grants.''.

       (b) Technical and Conforming Amendments.--
       (1) Technical amendments.--Chapter 229 of title 49, United 
     States Code, as redesignated, is amended--
       (A) in section 22902, as redesignated--
       (i) in subsection (c)(3)(A)--

       (I) in the matter preceding clause (i), by inserting ``of'' 
     after ``other modes''; and
       (II) in clause (vi) by striking ``environmentally'' and 
     inserting ``environmental''; and

       (ii) in subsection (k), by striking ``state rail plan'' and 
     inserting ``State rail plan''; and
       (B) in section 22905(e)(1), as redesignated--
       (i) by striking ``government authority'' and inserting 
     ``governmental authority''; and
       (ii) by striking ``section 5302(11) and (6), respectively, 
     of this title'' and inserting ``section 5302''.
       (2) Conforming amendments.--Chapter 229 of title 49, United 
     States Code, as redesignated, is amended--
       (A) in section 22901(2)(D), as redesignated, by striking 
     ``24404'' and inserting ``22904'';
       (B) in section 22904, as redesignated, by striking 
     ``24402'' and inserting ``22902'';
       (C) in section 22905(e)(1), as redesignated, by striking 
     ``24102(4) of this title'' and inserting ``24102'';
       (D) in section 22907, as redesignated--

[[Page S7805]]

       (i) in subsection (c)(2), by striking ``24401(2)'' and 
     inserting ``22901(2)''; and
       (ii) in subsection (k), by striking ``of sections 24402, 
     24403, and 24404 and the definition contained in 24401(1)'' 
     and inserting ``under sections 22902, 22903, and 22904, and 
     the definition contained in section 22901(1)''; and
       (E) in section 22908, as redesignated--
       (i) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``24401(1)'' and inserting ``22901(1)''; and
       (ii) in subsection (i)(3), by striking ``24405'' and 
     inserting ``22905''.
       (3) Additional conforming amendments.--
       (A) Subtitle v.--Subtitle V of title 49, United States 
     Code, is amended--
       (i) in part C--

       (I) in section 24102(7)(D)(ii), by striking ``chapter 244'' 
     and inserting ``chapter 229'';
       (II) in section 24103, by inserting ``or chapter 229'' 
     after ``this part'' each place it appears;
       (III) in section 24711(c)(3), by striking ``24405'' and 
     inserting ``22905''; and
       (IV) in section 24911(i), by striking ``24405'' and 
     inserting ``22905''; and

       (ii) in part D, in section 26106(e)(3), by striking ``24405 
     of this title'' and inserting ``22905''.
       (B) Railroad safety enhancement act of 2008.--The Passenger 
     Rail Investment and Improvement Act of 2008 (division B of 
     Public Law 110-432) is amended--
       (i) in section 301(c) (49 U.S.C. 24405 note), by striking 
     ``24405(a)'' and inserting ``22905(a)''; and
       (ii) in section 502(a)(4)(I) (49 U.S.C. 26106 note), by 
     striking ``24405'' and inserting ``22905''.
       (C) FAST act.--The Fixing America's Surface Transportation 
     Act (Public Law 114-94; 129 Stat. 1312) is amended--
       (i) in section 11102, by adding at the end the following:
       ``(c) Conforming Provision for Redesignation of Applicable 
     Section.--Any amounts authorized under this section for 
     grants or project management oversight under section 24407 of 
     such title shall be deemed to refer to grants or project 
     management oversight under section 22907 of such title on or 
     after the date of enactment of the Department of 
     Transportation Reports Harmonization Act.'';
       (ii) in section 11104, by adding at the end the following:
       ``(c) Conforming Provision for Redesignation of Applicable 
     Section.--Any amounts authorized under this section for 
     grants or project management oversight under section 24408 of 
     such title shall be deemed to refer to grants or project 
     management oversight under section 22908 of such title on or 
     after the date of enactment of the Department of 
     Transportation Reports Harmonization Act.'';
       (iii) in section 11308(a)(4)(I), by striking ``24405'' and 
     inserting ``22905''; and
       (iv) in section 11401(b)(5), by striking ``chapter 244'' 
     and inserting ``chapter 229''.
                                 ______
                                 
  SA 4160. Mr. BOOZMAN (for Mr. Cassidy) proposed an amendment to the 
bill S. 3444, to designate the community-based outpatient clinic of the 
Department of Veterans Affairs in Lake Charles, Louisiana, as the 
``Douglas Fournet Department of Veterans Affairs Clinic''; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. DESIGNATION OF DOUGLAS FOURNET DEPARTMENT OF 
                   VETERANS AFFAIRS CLINIC IN LAKE CHARLES, 
                   LOUISIANA.

       (a) Designation.--The community-based outpatient clinic of 
     the Department of Veterans Affairs in Lake Charles, 
     Louisiana, shall after the date of the enactment of this Act 
     be known and designated as the ``Douglas Fournet Department 
     of Veterans Affairs Clinic'' or the ``Douglas Fournet VA 
     Clinic''.
       (b) Reference.--Any reference in any law, regulation, map, 
     document, paper, or other record of the United States to the 
     community-based outpatient clinic referred to in subsection 
     (a) shall be considered to be a reference to the Douglas 
     Fournet Department of Veterans Affairs Clinic.
                                 ______
                                 
  SA 4161. Mr. BOOZMAN (for Mr. Thune) submitted an amendment intended 
to be proposed by Mr. Boozman to the bill S. 3641, to enhance efforts 
to combat human trafficking in connection with the catching and 
processing of seafood products imported into the United States, and for 
other purposes; which was referred to the Committee on Foreign 
Relations; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Facilitate Addressing Issues 
     with Regulating Forced Labor in International Seafood 
     Harvesting Act'' or ``FAIR FISH Act''.

     SEC. 2. FINDING.

       Congress finds that human trafficking is a pervasive 
     problem in the catching and processing of certain seafood 
     products imported into the United States, particularly 
     seafood products obtained through illegal, unreported, and 
     unregulated fishing.

     SEC. 3. SECRETARY OF COMMERCE AS MEMBER OF INTERAGENCY TASK 
                   FORCE TO MONITOR AND COMBAT TRAFFICKING.

       Section 105(b) of the Victims of Trafficking and Violence 
     Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by 
     inserting ``Secretary of Commerce,'' after ``Secretary of 
     Education,''.

     SEC. 4. REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, the Administrator of the National Oceanic and 
     Atmospheric Administration and the Commissioner of the Food 
     and Drug Administration, in consultation with the Secretary 
     of State, the Attorney General, and the heads of other 
     relevant Federal agencies, shall jointly submit to Congress a 
     report on the existence of human trafficking in the supply 
     chains of seafood products imported into the United States. 
     The report shall include the following:
       (1) A list of the countries at risk for human trafficking 
     in their seafood catching and processing industries, and an 
     assessment of such risk for each country listed.
       (2) A description of the quantity and economic value of 
     seafood products imported into the United States from the 
     countries listed pursuant to paragraph (1).
       (3) A description and assessment of the methods, if any, in 
     the countries listed pursuant to paragraph (2) to trace and 
     account for the manner in which seafood is caught.
       (4) A description of domestic and international enforcement 
     mechanisms to deter illegal practices in the catching of 
     seafood in the countries listed pursuant to paragraph (1).
       (5) Such recommendations as the Administrator and the 
     Commissioner jointly consider appropriate for legislative or 
     administrative action to enhance and improve actions against 
     human trafficking in the catching and processing of seafood 
     products abroad.
                                 ______
                                 
  SA 4162. Mr. BOOZMAN (for Mr. Cassidy) proposed an amendment to the 
bill H.R. 4227, to require the Secretary of Homeland Security to 
examine what actions the Department of Homeland Security is undertaking 
to combat the threat of vehicular terrorism, and for other purposes; as 
follows:

       On page 2, line 16, insert ``and the Committee on Commerce, 
     Science, and Transportation'' after ``Affairs''.
       On page 3, strike lines 17 through 20 and insert the 
     following:
       (2) Vehicular terrorism.--The term ``vehicular terrorism'' 
     means an action that utilizes automotive transportation to 
     commit terrorism (as defined in section 2(18) of the Homeland 
     Security Act of 2002 (6 U.S.C. 101(18))).

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